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SECTION 1. AUTHORITY.
The President is authorized to carry out the United States Man and
the Biosphere Program, and to designate a lead agency for the Program.
In collaboration with the lead agency, other Federal agencies may
participate in the United States Man and the Biosphere Program.
SEC. 2. ACTIVITIES.
The activities of the United States Man and the Biosphere Program
shall include--
(1) promotion of interagency cooperation to develop
scientific information pertaining to the relationship between
human activities and the biosphere;
(2) funding of scientific research, with particular focus
on interdisciplinary methodologies, pertaining to the
relationship between human activities and the biosphere;
(3) promotion of public and private partnerships and
linkages that sponsor and promote scientific study, education,
and information exchange on options for prudent management of
natural resources and the relationship between the environment
and human health; and
(4) coordination of the United States Biosphere Reserve
Network to facilitate the study of biological diversity and
encourage the sustainable use of natural resources.
SEC. 3. DESIGNATION OF BIOSPHERE RESERVES.
(a) Requirements.--The lead agency designated under section 1 for
the United States Man and the Biosphere Program may designate as
additions to the United States Biosphere Reserve Network only areas--
(1) that are determined by the lead agency to include--
(A) little-disturbed areas of natural habitat that
are reasonably expected to remain so because of
protection or management under Federal, State, or local
law or regulation in effect before designation under
this section; and
(B) managed use areas;
(2) that are suitable to serve as models of outstanding
stewardship fostering a harmonious relationship between human
activities and the conservation of natural resources;
(3) that have been nominated for designation by the party
or parties holding title to the site, or in the case of public
lands, by the governmental authority administering the site,
after local public comment has been obtained and considered;
and
(4) with respect to which the State in which they are
located has concurred in designation under this section.
(b) Publication.--The lead agency shall use appropriate means to
publicize nationally the nomination of an area for designation under
this section.
(c) Limitation.--Designation of an area as a United States
Biosphere Reserve shall not convey any additional protections or use
restrictions to included areas or impose any obligations upon third
parties, including private parties, nor does it convey any restrictions
or requirements upon private rights or private property land uses
within the area or adjacent to the area. Recognition as a United States
Biosphere Reserve in no way affects United States sovereignty over such
area.
(d) Reporting.--Upon receiving a nomination for designation of an
area under this section, the lead agency shall transmit to the Congress
the information received with respect to the nomination. No area shall
be designated under this section until at least 90 days have passed
after the transmittal of information under this subsection.
SEC. 4. FUNDING AUTHORITY.
In order to support the activities of the United States Man and the
Biosphere Program, the Department of State, the Department of the
Interior, the Department of Agriculture, and any other Federal agency
with authority over the management, protection, or study of natural
resources and the environment may provide financial support or other
resources to the United States Man and the Biosphere Program, including
the provision of grants, contracts, interagency agreements, and
cooperative agreements to support research, science education,
information exchange, and scientific cooperation.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``biosphere'' means the part of the Earth and
its atmosphere in which living things exist;
(2) the term ``managed use area'' means an area that is--
(A) adjacent to a protected area;
(B) useful in defining the relationship between
human activities and the biosphere in that protected
area; and
(C) subject to environmental protection or
management under Federal, State, or local law or
regulation in effect before designation under this
section;
(3) the term ``protected area'' means an area described in
section 3(a)(1)(A); and
(4) the term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other commonwealth,
territory, or possession of the United States. | Authorizes the President to carry out the United States Man and the Biosphere Program (Program) and to designate a lead agency for the Program.
(Sec. 2) Requires the activities of the United States Man and the Biosphere Program to include: (1) promotion of interagency cooperation to develop scientific information pertaining to the relationship between human activities and the biosphere; (2) funding of scientific research, with particular focus on interdisciplinary methodologies, pertaining to the relationship between human activities and the biosphere; (3) promotion of public and private partnerships and linkages that sponsor and promote scientific study, education, and information exchange on options for prudent management of natural resources and the relationship between the environment and human health; and (4) coordination of the United States Biosphere Reserve Network to facilitate the study of biological diversity and encourage the sustainable use of natural resources.
(Sec. 3) Sets forth requirements for the designation of areas as additions to the United States Biosphere Reserve Network.
(Sec. 4) Permits the Departments of State, the Interior, and Agriculture and any other Federal agency with authority over the management, protection, or study of natural resources and the environment to provide financial support or other resources to the United States Man and the Biosphere Program to support research, science education, information exchange, and scientific cooperation activities of the United States Man and the Biosphere Program. | {"src": "billsum_train", "title": "To authorize the United States Man and the Biosphere Program, and for other purposes."} | 946 | 291 | 0.785885 | 2.2717 | 0.860351 | 7.354478 | 3.451493 | 0.966418 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Technician Training and
Registration Act of 2008'' or as ``Emily's Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Common pharmacy technician tasks include calling
doctors to authorize prescription refills, putting medications
into prescription containers, entering prescriptions into
computers, typing drug labels, and, in many States, mixing
drugs from raw materials, preparing intravenous solutions, and
even preparing chemotherapy treatments.
(2) There are few State and no Federal requirements for
formal training or certification of pharmacy technicians,
according to the Bureau of Labor Statistics (BLS).
(3) Employment of pharmacy technicians is expected to grow
much faster than the average rate for all occupations through
2014, because, according to the Bureau of Labor Statistics, as
the population grows and ages demand for pharmaceuticals will
increase dramatically.
(4) About 7 out of 10 of pharmacy technician jobs are in
retail pharmacies, grocery stores, department stores, or mass
retailers, according to the Bureau of Labor Statistics.
(5) About 2 out of 10 pharmacy technician jobs are in
hospitals, according to the Bureau of Labor Statistics.
(6) Millions of medication doses are dispensed annually at
hospitals, and a February 2006 study on hospital dispensing
errors by the Joint Commission Journal on Quality and Patient
Safety found that pharmacists failed to detect more than 20
percent of all filling errors made by pharmacy technicians.
(7) The MEDMARX Data Report released in January 2008
revealed that more than 1,400 commonly used drugs are involved
in medication errors linked to drug names that look or sound
alike. This study reviewed more than 26,000 records from 2003
to 2006. This result is nearly double the number of pairs that
were identified in the previous report on this topic in 2004.
(8) Since 1992, the Food and Drug Administration has
received more than 20,000 voluntary reports of medication
errors.
SEC. 3. STATE PHARMACEUTICAL TECHNICIAN REGISTRATION PROGRAMS.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:
``Subpart XI--Pharmaceutical Technicians
``SEC. 340H. STATE PHARMACEUTICAL TECHNICIAN REGISTRATION PROGRAMS.
``(a) Grants.--The Secretary of Health and Human Services may make
grants to States to establish and implement a pharmaceutical technician
registration program described in subsection (b).
``(b) Registration Program Description.--A pharmaceutical
technician registration program described in this subsection is a
program under which--
``(1) the State prohibits an individual from performing the
duties of a pharmaceutical technician in such State unless the
individual is registered by the State Board of Pharmacy to
perform such duties; and
``(2) as minimum requirements for such registration, the
State requires the individual--
``(A) to have attained a secondary school diploma
or its recognized equivalent;
``(B) to be certified by the Pharmacy Technician
Certification Board; and
``(C) to have--
``(i) attained an associate's degree in
pharmacy technology;
``(ii) completed a course of training for
pharmaceutical technicians accredited by the
American Society of Health-System Pharmacists;
or
``(iii) graduated from a school of pharmacy
recognized by the State Board of Pharmacy.
``(c) Annual Reporting on Pharmaceutical Technician Errors.--As a
condition on the receipt of a grant under this section, a State shall
agree to submit an annual report to the Secretary of Health and Human
Services on pharmaceutical technician errors in the State.
``(d) Transitional Period for Practicing Technicians.--A State
receiving a grant under this section may provide a transitional period
for individuals who began practicing as pharmaceutical technicians
before the date of the enactment of this section to comply with the
requirements of the registration program under this section.
``(e) Definitions.--In this section:
``(1) The term `State Board of Pharmacy' means the
regulatory body empowered by the State to regulate the
pharmaceutical practice, including granting registrations to
and disciplining individuals and companies.
``(2) The term `pharmacy technician' means an individual
who assists a pharmacist in the performance of his or her
pharmacy-related duties.
``(3) The term `secondary school' has the meaning given to
such term in section 9101 of the Elementary and Secondary
Education Act of 1965.
``(4) The term `Secretary' means the Secretary of Health
and Human Services.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of the Congress that State Boards of Pharmacy
should strive to ensure--
(1) a ratio of 2 pharmaceutical technicians to each
pharmacist in hospital settings; and
(2) a ratio of 3 pharmaceutical technicians to each
pharmacist in other settings, including drug stores. | Pharmacy Technician Training and Registration Act of 2008 or Emily's Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to states to establish and implement a pharmaceutical technician registration program that requires a state to: (1) prohibit an individual from performing the duties of a pharmaceutical technician unless the individual is registered by the State Board of Pharmacy; (2) require for registration that the individual meet certain requirements related to education and training; and (3) submit an annual report to the Secretary on pharmaceutical technician errors in the state.
Allows a state receiving a grant to provide a transitional period for individuals who began practicing as pharmaceutical technicians before the date of the enactment of this Act to comply with the requirements of the registration program.
Expresses the sense of Congress that State Boards of Pharmacy should strive to ensure: (1) a ratio of two pharmaceutical technicians to each pharmacist in hospital settings; and (2) a ratio of three pharmaceutical technicians to each pharmacist in other settings, including drug stores. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to authorize grants to States to establish and implement programs for registering pharmaceutical technicians."} | 1,081 | 213 | 0.546071 | 1.671421 | 0.729141 | 4.901478 | 5.029557 | 0.950739 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security COLA Protection Act
of 2004''.
SEC. 2. PROTECTION OF SOCIAL SECURITY COLA INCREASES AGAINST EXCESSIVE
MEDICARE PREMIUM INCREASES.
(a) Application to Part B Premiums.--Section 1839(f) of the Social
Security Act (42 U.S.C. 1395r(f)) is amended--
(1) by striking ``(f) For any calendar year after 1988''
and inserting ``(f)(1) For any calendar year after 1988 and
before 2005''; and
(2) by adding at the end the following new paragraph:
``(2) For any calendar year (beginning with 2005), if an individual
is entitled to monthly benefits under section 202 or 223 or to a
monthly annuity under section 3(a), 4(a), or 4(f) of the Railroad
Retirement Act of 1974 for November and December of the preceding year,
if the monthly premium of the individual under this section for
December of the preceding year and for January of the year involved is
deducted from those benefits under section 1840(a)(1) or section
1840(b)(1), and if the amount of the individual's premium is not
adjusted for January of the year involved under subsection (i), the
monthly premium otherwise determined under this section for the
individual for that year shall not be increased pursuant to subsection
(a)(3) to an amount that exceeds 25 percent of the amount of the
increase in such monthly benefits for that individual attributable to
section 215(i).''.
(b) Application to Part D Premiums.--
(1) In general.--Section 1860D-13(a)(1) of such Act (42
U.S.C. 1395ww-113(a)(1)) is amended--
(A) in subparagraph (F), by striking ``(D) and
(E),'' and inserting ``(D), (E), and (F),'';
(B) by redesignating subparagraph (F) as
subparagraph (G); and
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) Protection of social security cola
increase.--For any calendar year, if an individual is
entitled to monthly benefits under section 202 or 223
or to a monthly annuity under section 3(a), 4(a), or
4(f) of the Railroad Retirement Act of 1974 for
November and December of the preceding year and was
enrolled under a PDP plan or MA-PD plan for such
months, the base beneficiary premium otherwise applied
under this paragraph for the individual for months in
that year shall be decreased by the amount (if any) by
which the sum of the amounts described in the following
clauses (i) and (ii) exceeds 25 percent of the amount
of the increase in such monthly benefits for that
individual attributable to section 215(i):
``(i) Part d premium increase factor.--
``(I) In general.--Except as
provided in this clause, the amount of
the increase (if any) in the adjusted
national average monthly bid amount (as
determined under subparagraph (B)(iii))
for a month in the year over such
amount for a month in the preceding
year.
``(II) No application to full
premium subsidy individuals.--In the
case of an individual enrolled for a
premium subsidy under section 1860D-
14(a)(1), zero.
``(III) Special rule for partial
premium subsidy individuals.--In the
case of an individual enrolled for a
premium subsidy under section 1860D-
14(a)(2), a percent of the increase
described in subclause (I) equal to 100
percent minus the percent applied based
on the linear scale under such section.
``(ii) Part b premium increase factor.--If
the individual is enrolled for such months
under part B--
``(I) In general.--Except as
provided in subclause (II), the amount
of the annual increase in premium
effective for such year resulting from
the application of section 1839(a)(3),
as reduced (if any) under section
1839(f)(2).
``(II) No application to
individuals participating in medicare
savings program.--In the case of an
individual who is enrolled for medical
assistance under title XIX for medicare
cost-sharing described in section
1905(p)(3)(A)(ii), zero.''.
(2) Application under medicare advantage program.--Section
1854(b)(2)(B) of such Act (42 U.S.C. 1395w-24(b)(2)(B)), as in
effect as of January 1, 2006, relating to MA monthly
prescription drug beneficiary premium, is amended by inserting
after ``as adjusted under section 1860D-13(a)(1)(B)'' the
following: ``and section 1860D-13(a)(1)(F)''.
(3) Payment from medicare prescription drug account.--
Section 1860D-16(b) of such Act (42 U.S.C. 1395w-116(b)) is
amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) payment under paragraph (5) of premium
reductions effected under section 1860D-13(a)(1)(F).'';
and
(B) by adding at the end the following new
paragraph:
``(5) Payment for cola protection premium reductions.--
``(A) In general.--In addition to payments provided
under section 1860D-15 to a PDP sponsor or an MA
organization, in the case of each part D eligible
individual who is enrolled in a prescription drug plan
offered by such sponsor or an MA-PD plan offered by
such organization and who has a premium reduced under
section 1860D-13(a)(1)(F), the Secretary shall provide
for payment to such sponsor or organization of an
amount equivalent to the amount of such premium
reduction.
``(B) Application of provisions.--The provisions of
subsections (d) and (f) of section 1860D-15 (relating
to payment methods and disclosure of information) shall
apply to payment under subparagraph (A) in the same
manner as they apply to payments under such section.''.
(c) Disregard of Premium Reductions in Determining Dedicated
Revenues Under MMA Cost Containment.--Section 801(c)(3)(D) of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173) is amended by adding at the end the following:
``Such premiums shall also be determined without regard to any
reductions effected under section 1839(f)(2) or 1860D-13(a)(1)(F) of
such title.''.
(d) Effective Dates.--
(1) Part b premium.--The amendments made by subsection (a)
apply to premiums for months beginning with January 2005.
(2) Part d premium.--The amendments made by subsection (b)
apply to premiums for months beginning with January 2007.
(3) MMA provision.--The amendment made by subsection (c)
shall take effect on the date of the enactment of this Act. | Social Security COLA Protection Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to limit increases in the monthly Medicare premium, including the Medicare Advantage prescription drug program premium, to 25 percent of any Social Security cost of living increase. | {"src": "billsum_train", "title": "A bill to amend the Social Security Act to protect social security cost-of-living adjustments (COLA)."} | 1,717 | 58 | 0.525038 | 1.219596 | 0.416063 | 1.979592 | 28.836735 | 0.877551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Emotional Learning Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) A positive, healthy school community where children
thrive and grow, both intellectually and emotionally, takes
purposeful and thoughtful planning. Students who develop
personal strengths like grit, perseverance, concern for others,
and positive academic mindsets become important contributors to
their school and community. Schools have a responsibility to
nurture the intrapersonal and interpersonal skills students
need to navigate social situations and effectively and
respectfully communicate with a diverse group of people.
(2) In the United States, we have always placed an emphasis
on developing academically rigorous curriculum, but
unfortunately have not been as deliberate about imparting
children with important social and emotional life skills. There
needs to be a balance and integration between cognitive
learning and social emotional learning.
(3) While not a new concept, the term ``social and
emotional education'' has recently become an important focal
point for many researchers, administrators, and teachers. The
term ``social and emotional learning'' means the process
through which individuals acquire and effectively apply the
knowledge, attitudes, and skills necessary to understand and
manage emotions, the ability to set and achieve positive goals,
feel and show empathy for others, establish and maintain
positive relationships, and make responsible decisions.
(4) Research has shown that social and emotional learning
effectively boosts student academic success and fosters the
very skills that are being utilized in the workforce. Social
and emotional learning both increases protective factors for
helping children learn and thrive as well as reducing risks for
problems in both learning and behavior. These teachable skills
help children avoid risky behaviors such as aggression and
early drug and alcohol use and provide a springboard for being
a capable student, citizen, and worker.
(5) Continued research is necessary to discover best
practices and prepare educators to integrate social-emotional
skills into the curriculum and school culture. In addition, we
need to support well-designed theoretical models and
implementation supports in social and emotional learning.
Social and emotional learning should be included as a central
component of our education system. Federal law needs to include
language that prioritizes social and emotional learning for
educators.
SEC. 3. DUTIES OF THE NATIONAL CENTER FOR EDUCATION RESEARCH.
Section 133(a) of the Education Sciences Reform Act of 2002 (20
U.S.C. 9533(a)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(11) carry out research initiatives regarding the impact
of social and emotional education.''.
SEC. 4. RESEARCH TOPICS OF THE COMMISSIONER FOR EDUCATION RESEARCH.
Section 133(c)(2) of the Education Sciences Reform Act of 2002 (20
U.S.C. 9533(c)(2)) is amended by adding at the end the following:
``(L) Social and emotional skills and habits.''.
SEC. 5. COMPREHENSIVE CENTERS.
Section 203(f)(1)(A)(ii) of the Education Sciences Reform Act of
2002 (20 U.S.C. 9602(f)(1)(A)(ii)) is amended--
(1) in subclause (II), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(IV) imparting social and
emotional life learning (as defined in
section 200(24) of the Higher Education
Act of 1965 (20 U.S.C. 1021)); and''.
SEC. 6. SOCIAL AND EMOTIONAL LEARNING.
(a) Definitions.--Section 200 of the Higher Education Act of 1965
(20 U.S.C. 1021) is amended--
(1) in paragraph (13), by inserting at the end the
following: ``, except that such term includes a requirement
that highly qualified teachers have preparation in the
understanding, use, and development of social and emotional
learning programming''; and
(2) by adding at the end the following:
``(24) Social and emotional learning.--
``(A) In general.--The term `social and emotional
learning' means the processes through which students
acquire and effectively apply the following set of
interrelated competencies:
``(i) Self-awareness and self-management
skills to achieve academic and life success.
``(ii) Social awareness and relationship
skills to establish and maintain positive
relationships.
``(iii) Responsible decisionmaking skills
and behavior in personal, school, and community
contexts.
``(B) Self-awareness.--The term `self-awareness'
means an individual's ability to accurately recognize--
``(i) the individual's own feelings and
thoughts; and
``(ii) the influence of such feelings and
thoughts on the individual's behaviors.
``(C) Self-management.--The term `self-management'
means an individual's ability to--
``(i) regulate the individual's own
emotions, cognitions, and behaviors effectively
in different situations; and
``(ii) set and work toward personal and
academic goals.
``(D) Social awareness.--The term `social
awareness' means an individual's ability to--
``(i) take the perspective of and empathize
with individuals from diverse backgrounds and
cultures; and
``(ii) recognize family, school, and
community resources and supports.
``(E) Relationship skill.--The term `relationship
skill' means an individual's ability to establish and
maintain healthy and rewarding relationships with
individuals from diverse backgrounds and cultures
through communicating clearly, listening actively,
cooperating, negotiating conflict constructively, and
seeking and offering help when needed.
``(F) Responsible decisionmaking skills and
behavior.--The term `responsible decisionmaking skills
and behavior' means an individual's ability to make
constructive and respectful choices about personal
behavior and social interactions, based on
consideration of ethical standards, safety concerns,
the realistic evaluation of consequences that stem from
actions, and the well-being of self and others.
``(25) Social and emotional learning programming.--The term
`social and emotional learning programming' refers to
instruction, activities, and best practice initiatives that--
``(A) integrate social and emotional learning with
academic achievement;
``(B) provide systematic instruction whereby social
and emotional skills are taught, modeled, practiced,
and applied so that students use them as part of their
daily behavior;
``(C) teach students to apply social and emotional
skills to prevent specific problem behaviors such as
substance use, violence, bullying, and school failure,
and to promote positive behaviors in class, school, and
community activities; and
``(D) establish safe and caring learning
environments that foster student participation,
engagement, and connection to learning and school.''.
(b) Teacher Quality Partnership Grants.--Section 202 of the Higher
Education Act of 1965 (20 U.S.C. 1022a) is amended--
(1) in subsection (b)--
(A) by striking the period at the end of paragraph
(7)(D) and inserting ``; and''; and
(B) by adding at the end the following:
``(8) a description of how the eligible partnership will
prepare prospective and new teachers and principals, if
applicable, to understand, use, and develop social and
emotional learning programming.'';
(2) in subsection (e)(1)(C)--
(A) by striking ``and'' at the end of clause (iii);
(B) by striking the period at the end of clause
(iv) and inserting ``; and''; and
(C) by adding at the end the following:
``(v) preparation in understanding, using,
and developing social and emotional learning
programming.''; and
(3) in subsection (f)(1)(C)--
(A) by striking ``and'' at the end of clause (ii);
(B) by striking the period at the end of clause
(iii) and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) preparation in understanding, using,
and developing social and emotional learning
programming.''.
(c) Augustus Hawkins Centers of Excellence.--Section 242(b)(1)(B)
of the Higher Education Act of 1965 (20 U.S.C. 1033a(b)(1)(B)) is
amended--
(1) in clause (i), by striking ``and'' at the end;
(2) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) promoting the understanding, use,
and development of social and emotional
learning programming.''.
(d) Teach To Reach Grants.--Section 251(c)(1)(B) of the Higher
Education Act of 1965 (20 U.S.C. 1034(c)(1)(B)) is amended--
(1) by striking ``and'' at the end of clause (iv); and
(2) by adding at the end the following:
``(vi) understanding, using, and developing
social and emotional learning programming;
and''. | Supporting Emotional Learning Act Amends the Education Sciences Reform Act of 2002 to require: the National Center for Education Research to carry out research regarding the impact of social and emotional education; the Commissioner for Education Research to support research into social and emotional skills and habits; and comprehensive centers to provide training, professional development, and technical assistance regarding the use of scientifically valid teaching methods and assessment tools in imparting social and emotional life learning. Amends the Higher Education Act of 1965 to require highly qualified teachers to have preparation in the understanding, use, and development of social and emotional learning programming. Defines "social and emotional learning" as the processes through which students acquire and effectively apply: self-awareness and self-management skills to achieve academic and life success; social-awareness and relationship skills to establish and maintain positive relationships; and responsible decisionmaking skills and behavior in personal, school, and community contexts. Requires Teacher Quality Partnership grants to be used in preparing prospective and new teachers and principals to understand, use, and develop social and emotional learning programming. (Teacher Quality Partnership grants are provided to partnerships between high-need local educational agencies [LEAs], their high-need schools, and institutions of higher education [IHEs].) Requires centers of excellence to design teacher training programs that promote the understanding, use, and development of social and emotional learning programming. (Centers of excellence are minority-serving IHEs or partnerships between such IHEs and other IHEs that are awarded grants to ensure that current and future teachers are highly qualified.) Requires Teach to Reach grants to be used to train general education teacher candidates to understand, use, and develop social and emotional learning programming. (Teach to Reach grants are provided to partnerships between IHEs and high-need LEAs to more effectively prepare general education teacher candidates to instruct disabled students in general education classrooms). | {"src": "billsum_train", "title": "Supporting Emotional Learning Act"} | 2,085 | 414 | 0.503351 | 1.870579 | 0.835296 | 3.121547 | 5.31768 | 0.779006 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Bill of Rights III''.
SEC. 2. BURDEN OF PROOF.
(a) In General.--Chapter 76 of the Internal Revenue Code of 1986
(relating to judicial proceedings) is amended by adding at the end the
following new subchapter:
``Subchapter E--Burden of Proof
``Sec. 7491. Burden of proof.
``SEC. 7491. BURDEN OF PROOF.
``The Secretary shall have the burden of proof in any court
proceeding with respect to any factual issue relevant to ascertaining
the tax liability of a taxpayer and the assessment and collection of
any such tax.''
(b) Conforming Amendments.--
(1) Section 6201 is amended by striking subsection (d) and
redesignating subsection (e) as subsection (d).
(2) The table of subchapters for chapter 76 is amended by
adding at the end the following new item:
``Subchapter E. Burden of proof.''
(c) Effective Date.--The amendments made by this section shall
apply to court proceedings arising in connection with examinations
commencing after the date of the enactment of this Act.
SEC. 3. TAXPAYER RELIANCE ON ORAL ADVICE PROVIDED BY THE INTERNAL
REVENUE SERVICE.
(a) In General.--Subsection (f) of section 6404 of the Internal
Revenue Code of 1986 is amended--
(1) in the heading, by striking ``Written'',
(2) in paragraph (2)(A), by striking ``specific written
request'' and inserting ``specific request'',
(3) by redesignating paragraph (3) as paragraph (4) and by
inserting after paragraph (2) the following new paragraph:
``(3) Oral requests for advice.--Upon request by a
taxpayer, any officer or employee of the Internal Revenue
Service who provides advice orally in response to a specific
request of the taxpayer shall provide such taxpayer with a
transcript or other written evidence of such advice.''
(b) Effective date.--The amendments made by subsection (a) shall
apply to advice provided after 180 days after the date of the enactment
of this Act.
SEC. 4. JEOPARDY.
(a) In General.--Section 6861 of the Internal Revenue Code of 1986
is amended by redesignating subsection (h) as subsection (i) and by
inserting after subsection (g) the following new subsection:
``(h) Affidavit Requirement.--No assessment may be made under this
section unless such assessment is based on affidavits of not less than
2 officers or employees of the Internal Revenue Service. Each such
officer or employee shall make an independent evaluation of the
situation giving rise to assessment under this section.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to assessments made after the date of the enactment of this Act.
SEC. 5. TAXPAYER SUGGESTIONS AND COMPLAINTS WITHOUT RETRIBUTION.
(a) Establishment of Office.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Treasury or the
Secretary's delegate shall establish an office within the Internal
Revenue Service to receive taxpayer suggestions and complaints.
(b) Confidentiality of Information.--No information identifying a
problem within the Internal Revenue Service provided by a taxpayer to
the office established under subsection (a) may be used by the Internal
Revenue Service, including selecting such taxpayer for audit.
SEC. 6. MEDIATION OF TAX DISPUTES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury or the Secretary's delegate shall
establish a mediation service within the Internal Revenue Service. Such
service shall, upon request of a taxpayer, provide an individual to
mediate disputes between the taxpayer and the Internal Revenue Service
regarding tax liability of the taxpayer and the assessment and
collection of such tax.
SEC. 7. STRICT LIABILITY FOR ERRORS BY THE INTERNAL REVENUE SERVICE.
(a) Failure To Release Lien.--Section 7432(a) of the Internal
Revenue Code of 1986 (relating to civil damages for failure to release
lien) is amended by striking ``knowingly, or by reason of
negligence,''.
(b) Unauthorized Collection Actions.--
(1) In general.--Section 7433 of such Code (relating to
civil damages for certain unauthorized collection actions) is
amended to read as follows:
``SEC. 7433. CIVIL DAMAGES FOR UNAUTHORIZED ACTIONS.
``(a) In General.--If, in connection with any collection of Federal
tax with respect to a taxpayer, any officer or employee of the Internal
Revenue Service disregards any provision of this title, or any
regulation promulgated under this title, such taxpayer may bring a
civil action for damages against the United States in a district court
of the United States. Except as provided in section 7432, such civil
action shall be the exclusive remedy for recovering damages resulting
from such actions.
``(b) Damages.--In any action brought under subsection (a), upon a
finding of liability on the part of the defendant, the defendant shall
be liable to the plaintiff in an amount equal to the lesser of
$1,000,000 or the sum of--
``(1) actual, direct economic damages sustained by the
plaintiff as a proximate result of the reckless or intentional
actions of the officer or employee, and
``(2) the costs of the action.
``(c) Payment Authority.--Claims pursuant to this section shall be
payable out of funds appropriated under section 1304 of title 31,
United States Code.
``(d) Limitations.--
``(1) Award for damages may be reduced if administrative
remedies not exhausted.--The amount of damages awarded under
subsection (b) may be reduced if the court determines that the
plaintiff has not exhausted the administrative remedies
available to such plaintiff within the Internal Revenue
Service.
``(2) Mitigation of damages.--The amount of damages awarded
under subsection (b)(1) shall be reduced by the amount of such
damages which could have reasonably been mitigated by the
plaintiff.
``(3) Period for bringing action.--Notwithstanding any
other provision of law, an action to enforce liability created
under this section may be brought without regard to the amount
in controversy and may be brought only within 2 years after the
date the right of action accrues.''
(2) Clerical amendment.--The item in the table of sections
for subchapter B of chapter 76 of such Code relating to section
7433 is amended to read as follows:
``Sec. 7433. Civil damages for
unauthorized actions.''
(c) Effective Date.--The amendments made by this section shall
apply to actions of officers or employees of the Internal Revenue
Service after the date of the enactment of this Act.
SEC. 8. PROHIBITION ON USE OF RANDOM AUDITS.
Section 7602 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(e) Prohibition on Use of Random Audits.--The Secretary shall not
use random examination techniques to determine the existence of
unreported income of any taxpayer.''
SEC. 9. PERSONAL LIABILITY OF INTERNAL REVENUE SERVICE EMPLOYEES.
(a) In General.--Subchapter B of chapter 76 of the Internal Revenue
Code of 1986 (relating to proceedings by taxpayers and third parties)
is amended by redesignating section 7437 as section 7438 and inserting
after section 7436 the following new section:
``SEC. 7437. PERSONAL LIABILITY OF INTERNAL REVENUE SERVICE EMPLOYEES.
``In any proceeding under this title in which the prevailing party
(as defined in section 7430) is awarded a judgment for reasonable
litigation costs under such section, the court may assess a portion of
such costs against any Internal Revenue Service officer or employee,
who shall not be reimbursed by the United States for the costs so
assessed, if the court determines that such proceeding resulted from
actions of such officer or employee outside established Internal
Revenue Service protocol.''
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 76 of such Code is amended by striking the item relating to
section 7437 and inserting the following:
``Sec. 7437. Personal liability of
Internal Revenue Service
employees.
``Sec. 7438. Cross References.''
(c) Effective Date.--The amendments made by this section shall
apply to actions of officers and employees of the Internal Revenue
Service after the date of the enactment of this Act.
SEC. 10. PROHIBITION ON USE OF QUOTAS.
Officers and employees of the Internal Revenue Service may not
establish, and shall not be subject to, any quota regarding the
initiation of investigations or otherwise determining the taxpayers
found to be delinquent in filing their returns of tax or in remitting
their taxes. | Taxpayer Bill of Rights III - Amends the Internal Revenue Code to, among other things: (1) place the burden of proof, with respect to any factual issue relevant to ascertaining tax liability, on the Secretary of the Treasury; (2) require the Internal Revenue Service (IRS), upon the request of a taxpayer, to provide a taxpayer with a written transcript of any oral advice; (3) direct the Secretary to establish an office within the IRS to receive taxpayer suggestions and complaints; (4) direct the Secretary to establish a mediation service within the IRS; (5) prohibit the use of random audits and investigation quotas; and (6) in a court proceeding, make IRS employees personally liable under specified circumstances. | {"src": "billsum_train", "title": "Taxpayer Bill of Rights III"} | 2,086 | 153 | 0.494383 | 1.33144 | 0.671668 | 2.951389 | 12.333333 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation and Logistics Hiring
Reform Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Entity.--The term ``entity'' means a person acting as--
(A) a shipper or a consignee;
(B) a broker, a freight forwarder, or a household
goods freight forwarder (as such terms are defined in
section 13102 of title 49, United States Code);
(C) a non-vessel-operating common carrier, an ocean
freight forwarder, or an ocean transportation
intermediary (as such terms are defined in section
40102 of title 46, United States Code);
(D) an indirect air carrier authorized to operate
under a Standard Security Program approved by the
Transportation Security Administration;
(E) a customs broker licensed in accordance with
section 111.2 of title 19, Code of Federal Regulations;
(F) an interchange motor carrier subject to
paragraphs (1)(B) and (2) of section 13902(i); or
(G) a warehouse (as defined in Article 7-102(13) of
the Uniform Commercial Code).
(2) Motor carrier.--The term ``motor carrier'' means a
motor carrier or a household goods motor carrier (as such terms
are defined in section 13102 of title 49, United States Code)
that is subject to Federal motor carrier financial
responsibility and safety regulations.
(3) State.--The term ``State'' means each of the 50 States,
a political subdivision of any such State, any intrastate
agency, any other political agency of 2 or more States, the
District of Columbia, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
SEC. 3. NATIONAL HIRING STANDARDS FOR MOTOR CARRIERS.
(a) National Standard.--Before tendering a shipment, but not more
than 35 days before the pickup of a shipment by the hired motor
carrier, an entity shall verify that the motor carrier, at the time of
such verification--
(1) is registered with and authorized by the Federal Motor
Carrier Safety Administration to operate as a motor carrier or
household goods motor carrier, if applicable;
(2) has the minimum insurance coverage required by Federal
law; and
(3)(A) before the safety fitness regulations are issued
pursuant to subsection (c), does not have an unsatisfactory
safety fitness rating issued by the Federal Motor Carrier
Safety Administration in force at the time of such
verification; or
(B) after the safety fitness regulations are issued
pursuant to subsection (c), does not have a safety fitness
rating issued by the Federal Motor Carrier Safety
Administration under such regulations that is the equivalent of
the unsatisfactory fitness rating referred to in subparagraph
(A).
(b) Intended Use of Data.--
(1) In general.--Only evidence of an entity's compliance
with subsection (a) may be admitted as evidence or otherwise
used in a civil action for damages resulting from a claim of
negligent selection or retention of such motor carrier against
the entity.
(2) Excluded evidence.--All other motor carrier data
created or maintained by the Federal Motor Carrier Safety
Administration including safety measurement system data or
analysis of such data, may not be admitted into evidence in a
case or proceeding in which it is asserted or alleged that an
entity's selection or retention of a motor carrier was
negligent.
(c) Rulemaking.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation
shall promulgate safety fitness determination regulations that
update and revise the standards for establishing an
unsatisfactory safety rating for motor carriers.
(2) Factors for an unsatisfactory rating.--In the
regulations promulgated pursuant to paragraph (1), the
Secretary shall determine if a motor carrier is not fit to
operate a commercial motor vehicle in or affecting interstate
commerce in accordance with section 31144 of title 49, United
States Code.
(d) Compliance With All Safety Laws.--All commercial carriers shall
comply with all applicable Federal laws pertaining to safety.
SEC. 4. APPLICABILITY AND EFFECTIVE DATE.
Notwithstanding any other provision of law, this Act shall apply
with respect to any action commenced on or after the date of the
enactment of this Act without regard to whether the harm that is the
subject of the action, or the conduct that caused the harm, occurred
before such date of enactment. | Transportation and Logistics Hiring Reform Act This bill establishes a national hiring standard for motor carriers. The bill defines an"entity" as a person acting as: a shipper or a consignee; a broker, a freight forwarder, or a household goods freight forwarder; a non-vessel-operating common carrier, an ocean freight forwarder, or an ocean transportation intermediary; an indirect air carrier authorized to operate under a Standard Security Program approved by the Transportation Security Administration; a federally licensed customs broker; an interchange motor carrier; or a warehouse. Before tendering a shipment, but not more than 35 days before the pickup of a shipment by the hired motor carrier, an entity shall verify that the carrier: is registered with and authorized by the Federal Motor Carrier Safety Administration (FMCSA) to operate as a motor carrier or household goods motor carrier; has the minimum insurance coverage required by federal law; and does not have an unsatisfactory safety fitness rating issued by the FMCSA. Only evidence of an entity's compliance with this Act may be admitted as evidence in a civil action for damages resulting from a claim of negligent selection or retention of such motor carrier against the entity. No other motor carrier data created or maintained by the FMCSA, including safety measurement system data or analysis of such data, may be admitted in a case or proceeding in which it is asserted or alleged that an entity's selection or retention of a motor carrier was negligent. The Secretary of Transportation shall promulgate safety fitness determination regulations that update and revise the standards for establishing an unsatisfactory safety rating for motor carriers. In the regulations promulgated, the Secretary shall determine if a carrier is not fit to operate a commercial motor vehicle in or affecting interstate commerce. All commercial carriers shall comply with all applicable federal laws pertaining to safety. | {"src": "billsum_train", "title": "Transportation and Logistics Hiring Reform Act"} | 1,013 | 410 | 0.63617 | 2.068756 | 0.826565 | 6.161017 | 2.596045 | 0.929379 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug-Free Workplace Program
Reauthorization Act of 2004''.
SEC. 2. REAUTHORIZATION OF PAUL D. COVERDELL DRUG-FREE WORKPLACE
PROGRAM.
(a) In General.--Paragraph (1) of section 27(g) of the Small
Business Act (15 U.S.C. 654(g)) is amended by striking ``2001 through
2003'' and inserting ``2004 through 2006''.
(b) Additional Grants for Programs Carried Out in Cooperation With
Small Business Development Centers.--
(1) In general.--Subsection (b) of section 27 of the Small
Business Act (15 U.S.C. 654) is amended--
(A) by striking ``There is established'' and
inserting the following:
``(1) In general.--There is established''; and
(B) by adding at the end the following new
paragraph:
``(2) Additional grants for programs carried out in
cooperation with small business development centers.--The
Administrator may make an additional grant to, or enter into a
cooperative agreement or contract with, any grantee under
paragraph (1) for the purpose of providing, in cooperation with
one or more small business development centers, technical
assistance to small business concerns seeking to establish a
drug-free workplace program.''.
(2) Authorization.--Subsection (g) of section 27 of the
Small Business Act (15 U.S.C. 654) is amended--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Additional authorization.--There is authorized to be
appropriated to carry out this subsection, $1,500,000 for each
of fiscal years 2004 through 2006. Amounts made available under
this paragraph shall remain available until expended.''; and
(C) in paragraph (1)--
(i) by inserting ``(other than subsection
(b)(2))'' after ``this section''; and
(ii) by striking ``this subsection'' and
inserting ``this paragraph''.
(c) 2-Year Grants.--Subsection (b) of section 27 of the Small
Business Act (15 U.S.C. 654), as amended by subsection (b), is further
amended by adding at the end the following new paragraph:
``(3) 2-year grants.--Each grant made under this subsection
shall be for a period of 2 years, subject to an annual
performance review by the Administrator.''.
(d) Eligibility of Drug-Free Communities Coalitions.--Subparagraph
(D) of section 27(a)(2) of the Small Business Act (15 U.S.C. 654(a)(2))
is amended to read as follows:
``(D)(i) the purpose of which is--
``(I) to develop comprehensive drug-free
workplace programs or to supply drug-free
workplace services; or
``(II) to provide other forms of assistance
and services to small business concerns; or
``(ii) that is eligible to receive a grant under
chapter 2 of the National Narcotics Leadership Act of
1988 (21 U.S.C. 1521 et seq.).''.
(e) Evaluation and Coordination.--Section 27 of the Small Business
Act (15 U.S.C. 654) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (e), (f), and (g) as
subsections (f), (g), and (h), respectively; and
(3) by inserting after subsection (c) the following new
subsections:
``(d) Technical Assistance.--The Administrator, after consultation
with the Director of the Center for Substance Abuse and Prevention,
shall provide technical assistance and information to each eligible
intermediary receiving a grant under subsection (b) regarding the most
effective practices in establishing and carrying out drug-free
workplace programs.
``(e) Evaluation of Program.--
``(1) Data collection system.--Each eligible intermediary
receiving a grant under this section shall establish a system
to collect and analyze information regarding the effectiveness
of drug-free workplace programs established with assistance
provided under this section through the intermediary, including
information regarding any increase or decrease among employees
in drug use, awareness of the adverse consequences of drug use,
and absenteeism, injury, and disciplinary problems related to
drug use. Such system shall conform to such requirements as the
Administrator, after consultation with the Director of the
Center for Substance Abuse and Prevention, may prescribe. Not
more than 5 percent of the amount of each grant made under
subsection (b) shall be used by the eligible intermediary to
carry out this paragraph.
``(2) Method of evaluation.--The Administrator, after
consultation with the Director of the Center for Substance
Abuse and Prevention, shall provide technical assistance and
guidance to each eligible intermediary receiving a grant under
subsection (b) regarding the collection and analysis of
information to evaluate the effectiveness of drug-free
workplace programs established with assistance provided under
this section, including the information referred to in
paragraph (1). Such assistance shall include the identification
of additional information suitable for measuring the benefits
of drug-free workplace programs to the small business concern
and to the concern's employees and the identification of
methods suitable for analyzing such information.
``(3) Study and report.--Not later than 18 months after the
date of the enactment of the Drug-Free Workplace Program
Reauthorization Act of 2004, the Administrator, in consultation
with the Secretary of Labor, the Secretary of Health and Human
Services, and the Director of National Drug Control Policy,
shall--
``(A) compile and analyze the information collected
under this subsection;
``(B) identify trends in such information;
``(C) evaluate the effectiveness of the drug-free
workplace programs established with assistance provided
under this section; and
``(D) submit to the Congress a report that
describes the results of the analysis conducted under
subparagraph (A), the trends identified under
subparagraph (B), and the results of the evaluation
conducted under subparagraph (C).''.
(f) Small Business Development Centers.--
(1) In general.--Subparagraph (T) of section 21(c)(3) of
the Small Business Act (15 U.S.C 648(c)(3)) is amended by
striking ``October 1, 2003'' and inserting ``October 1, 2006''.
(2) Limitation.--Paragraph (3) of section 27(h) of the
Small Business Act (15 U.S.C. 654(g)), as redesignated under
subsection (b)(2) and (d), is amended--
(A) by striking ``$1,000,000'' and inserting
``$500,000''; and
(B) by inserting ``for fiscal years 2004 through
2006'' after ``under this subsection''.
(g) Administrative Costs.--Subsection (h) of section 27 of the
Small Business Act (15 U.S.C. 654), as so redesignated, is amended by
adding at the end the following new paragraph:
``(4) Administrative costs.--Of the total amount made
available under this subsection for any fiscal year, not more
than 5 percent of such amount shall be used for administrative
costs (determined without regard to the administrative costs of
eligible intermediaries).''. | Drug-Free Workplace Program Reauthorization Act of 2004 - Amends the Small Business Act to extend through FY 2006 the authorization for the drug-free workplace demonstration program (program).
Authorizes the Administrator of the Small Business Administration to make an additional grant to, or enter into a cooperative agreement or contract with, any original grantee under such program for providing, in cooperation with one or more small business development centers, technical assistance to small businesses seeking to establish a program. Provides two-year periods for such grants. Makes drug-free communities coalitions eligible for such grant assistance.
Requires: (1) the Administrator to provide technical assistance to each intermediary receiving a grant regarding the most effective practices in establishing and carrying out such programs; (2) each intermediary to establish a system to collect and analyze information regarding the effectiveness of programs established with grant assistance; and (3) the Administrator to provide technical assistance and guidance to each intermediary with respect to the collection and analysis of such information.
Extends through FY 2006 the authority of small business development centers to provide information and assistance to small businesses with respect to establishing such programs. | {"src": "billsum_train", "title": "To amend the Small Business Act to reauthorize the Paul D. Coverdell Drug-Free Workplace Program, and for other purposes."} | 1,621 | 240 | 0.634866 | 1.803432 | 0.90574 | 3.431818 | 6.809091 | 0.904545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hospital Payment Improvement and
Equity Act of 2006''.
SEC. 2. APPEALS PROCESS FOR HOSPITAL WAGE INDEX CLASSIFICATION.
(a) Establishment of Process.--
(1) In general.--The Secretary shall establish not later
than January 1, 2007, by instruction or otherwise, a process
under which a hospital may appeal the wage index classification
otherwise applicable to the hospital and select another area
within the State (or, at the discretion of the Secretary,
within a contiguous State) to which to be reclassified.
(2) Process requirements.--The process established under
paragraph (1) shall be consistent with the following:
(A) Such an appeal may be filed as soon as possible
after the date of the enactment of this Act but shall
be filed by not later than February 15, 2007.
(B) Such an appeal shall be heard by the Medicare
Geographic Reclassification Review Board.
(C) There shall be no further administrative or
judicial review of a decision of such Board.
(3) Reclassification upon successful appeal.--
(A) Reclassification.--If the Medicare Geographic
Reclassification Review Board determines that the
hospital is a qualifying hospital (as defined in
subsection (c)), the hospital shall be reclassified to
the area selected under paragraph (1).
(B) Applicability.--A reclassification under
subparagraph (A) shall apply with respect to discharges
occurring during the 3-year period beginning with April
1, 2007.
(4) Special rules.--
(A) In general.--Any qualifying hospital that is
within 3 miles driving distance, starting at the
hospital entrance and driving over improved roads, to
the nearest Metropolitan Statistical Area in which a
majority of the other qualifying hospitals located in
the same Metropolitan Statistical Area as the hospital
have been reclassified to (or if there is no majority,
the Metropolitan Statistical Area in which at least one
such other qualifying hospital has been reclassified to
(as determined appropriate by the Secretary of Health
and Human Services), the hospital shall be eligible to
select to be reclassified to such nearest Metropolitan
Statistical Area (or if no majority, to the area so
determined appropriate by the Secretary).
(B) Competitively disadvantaged hospital in a
single-hospital msa surrounded by rural counties.--
(i) In general.--If a hospital meets the
requirements described in clause (ii)--
(I) such hospital shall be deemed
to be a qualifying hospital; and
(II) such hospital shall be
reclassified to the closest urban area
which is part of a Combined Statistical
Area located in the same State as the
hospital.
(ii) Requirements.--The requirements
described in this clause are the following:
(I) The hospital is the only
hospital in its urban area.
(II) The hospital is in an urban
area that is not adjacent to any other
urban area.
(III) The hospital is seeking
reclassification to the closest urban
area which is part of a Combined
Statistical Area located in the same
state as the hospital.
(5) Inapplicability of certain provisions.--Except as the
Secretary may provide, the provisions of paragraphs (8) and
(10) of section 1886(d) of the Social Security Act (42 U.S.C.
1395ww(d)) shall not apply to an appeal under this section.
(b) Application of Reclassification.--In the case of an appeal
decided in favor of a qualifying hospital under subsection (a), the
wage index reclassification shall not affect the wage index computation
for any area or for any other hospital and shall not be effected in a
budget neutral manner. The provisions of this section shall not affect
payment for discharges occurring after the end of the 3-year-period
referred to in subsection (a)(3)(B).
(c) Qualifying Hospital Defined.--For purposes of this section, the
term ``qualifying hospital'' means a subsection (d) hospital (as
defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B))) that--
(1) does not qualify for a change in wage index
classification under paragraph (8) or (10) of section 1886(d)
of such Act (42 U.S.C. 1395ww(d)) on the basis of requirements
relating to distance or commuting; and
(2) meets such other criteria, such as quality, as the
Secretary may specify by instruction or otherwise.
The Secretary may modify the wage comparison guidelines promulgated
under section 1886(d)(10)(D) of such Act (42 U.S.C. 1395ww(d)(10)(D))
in carrying out this section.
(d) Wage Index Classification.--For purposes of this section, the
term ``wage index classification'' means the geographic area in which
the hospital is classified for purposes of determining for a fiscal
year the factor used to adjust the DRG prospective payment rate under
section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)) for
area differences in hospital wage levels that applies to such hospital
under paragraph (3)(E) of such section.
(e) Special Rule for Rehabilitation Hospitals and Rehabilitation
Units.--
(1) In general.--Effective for discharges occurring during
the 3-year period beginning with April 1, 2007, for purposes of
making payments under section 1886(j) of the Social Security
Act (42 U.S.C. 1395ww(j)) to a qualifying rehabilitation
facility, such facility shall be deemed to be located in the
area described in paragraph (3).
(2) Qualifying rehabilitation facility defined.--For
purposes of this subsection, the term ``qualifying
rehabilitation facility'' means a rehabilitation hospital or a
rehabilitation unit that is located in a Metropolitan
Statistical Area in which all subsection (d) hospitals (as
defined in subsection (d)(1)(B) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww)) that are not sole community
hospitals (as defined in subsection (d)(5)(D)(iii) of such
section) located in the area have been reclassified to another
Metropolitan Statistical Area.
(3) Area described.--The area described in this paragraph
with respect to a qualifying rehabilitation facility is the
Metropolitan Statistical Area in which the majority of the
subsection (d) hospitals (as so defined) located in the same
Metropolitan Statistical Area as the qualifying rehabilitation
facility have been reclassified to (or if there is no majority,
the Metropolitan Statistical Area in which at least one such
subsection (d) hospital has been reclassified to (as determined
appropriate by the Secretary of Health and Human Services). | Hospital Payment Improvement and Equity Act of 2006 - Directs the Secretary of Health and Human Services to establish a process under which a hospital may appeal its wage index classification under title XVIII (Medicare) of the Social Security Act and select another area within the state (or, at the Secretary's discretion, within a contiguous state) to which to be reclassified.
Prescribes special rules for: (1) a competitively disadvantaged hospital in a single-hospital Metropolitan Statistical Area (MSA) surrounded by rural counties; and (2) rehabilitation hospitals and rehabilitation units. | {"src": "billsum_train", "title": "A bill to provide for an appeals process for hospital wage index classification under the Medicare program, and for other purposes."} | 1,526 | 128 | 0.646758 | 1.737235 | 0.608638 | 4.416667 | 12.157407 | 0.935185 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) On November 11, 1620, prior to embarking for the shores of
America, the Pilgrims signed the Mayflower Compact that declared:
``Having undertaken, for the Glory of God and the advancement of
the Christian Faith and honor of our King and country, a voyage to
plant the first colony in the northern parts of Virginia,''.
(2) On July 4, 1776, America's Founding Fathers, after
appealing to the ``Laws of Nature, and of Nature's God'' to justify
their separation from Great Britain, then declared: ``We hold these
Truths to be self-evident, that all Men are created equal, that
they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty, and the Pursuit of Happiness''.
(3) In 1781, Thomas Jefferson, the author of the Declaration of
Independence and later the Nation's third President, in his work
titled ``Notes on the State of Virginia'' wrote: ``God who gave us
life gave us liberty. And can the liberties of a nation be thought
secure when we have removed their only firm basis, a conviction in
the minds of the people that these liberties are of the Gift of
God. That they are not to be violated but with His wrath? Indeed, I
tremble for my country when I reflect that God is just; that his
justice cannot sleep forever.''.
(4) On May 14, 1787, George Washington, as President of the
Constitutional Convention, rose to admonish and exhort the
delegates and declared: ``If to please the people we offer what we
ourselves disapprove, how can we afterward defend our work? Let us
raise a standard to which the wise and the honest can repair; the
event is in the hand of God!''.
(5) On July 21, 1789, on the same day that it approved the
Establishment Clause concerning religion, the First Congress of the
United States also passed the Northwest Ordinance, providing for a
territorial government for lands northwest of the Ohio River, which
declared: ``Religion, morality, and knowledge, being necessary to
good government and the happiness of mankind, schools and the means
of education shall forever be encouraged.''.
(6) On September 25, 1789, the First Congress unanimously
approved a resolution calling on President George Washington to
proclaim a National Day of Thanksgiving for the people of the
United States by declaring, ``a day of public thanksgiving and
prayer, to be observed by acknowledging, with grateful hearts, the
many signal favors of Almighty God, especially by affording them an
opportunity peaceably to establish a constitution of government for
their safety and happiness.''.
(7) On November 19, 1863, President Abraham Lincoln delivered
his Gettysburg Address on the site of the battle and declared: ``It
is rather for us to be here dedicated to the great task remaining
before us--that from these honored dead we take increased devotion
to that cause for which they gave the last full measure of
devotion--that we here highly resolve that these dead shall not
have died in vain--that this Nation, under God, shall have a new
birth of freedom--and that Government of the people, by the people,
for the people, shall not perish from the earth.''.
(8) On April 28, 1952, in the decision of the Supreme Court of
the United States in Zorach v. Clauson, 343 U.S. 306 (1952), in
which school children were allowed to be excused from public
schools for religious observances and education, Justice William O.
Douglas, in writing for the Court stated: ``The First Amendment,
however, does not say that in every and all respects there shall be
a separation of Church and State. Rather, it studiously defines the
manner, the specific ways, in which there shall be no concern or
union or dependency one on the other. That is the common sense of
the matter. Otherwise the State and religion would be aliens to
each other--hostile, suspicious, and even unfriendly. Churches
could not be required to pay even property taxes. Municipalities
would not be permitted to render police or fire protection to
religious groups. Policemen who helped parishioners into their
places of worship would violate the Constitution. Prayers in our
legislative halls; the appeals to the Almighty in the messages of
the Chief Executive; the proclamations making Thanksgiving Day a
holiday; `so help me God' in our courtroom oaths--these and all
other references to the Almighty that run through our laws, our
public rituals, our ceremonies would be flouting the First
Amendment. A fastidious atheist or agnostic could even object to
the supplication with which the Court opens each session: `God save
the United States and this Honorable Court.'''.
(9) On June 15, 1954, Congress passed and President Eisenhower
signed into law a statute that was clearly consistent with the text
and intent of the Constitution of the United States, that amended
the Pledge of Allegiance to read: ``I pledge allegiance to the Flag
of the United States of America and to the Republic for which it
stands, one Nation under God, indivisible, with liberty and justice
for all.''.
(10) On July 20, 1956, Congress proclaimed that the national
motto of the United States is ``In God We Trust'', and that motto
is inscribed above the main door of the Senate, behind the Chair of
the Speaker of the House of Representatives, and on the currency of
the United States.
(11) On June 17, 1963, in the decision of the Supreme Court of
the United States in Abington School District v. Schempp, 374 U.S.
203 (1963), in which compulsory school prayer was held
unconstitutional, Justices Goldberg and Harlan, concurring in the
decision, stated: ``But untutored devotion to the concept of
neutrality can lead to invocation or approval of results which
partake not simply of that noninterference and noninvolvement with
the religious which the Constitution commands, but of a brooding
and pervasive devotion to the secular and a passive, or even
active, hostility to the religious. Such results are not only not
compelled by the Constitution, but, it seems to me, are prohibited
by it. Neither government nor this Court can or should ignore the
significance of the fact that a vast portion of our people believe
in and worship God and that many of our legal, political, and
personal values derive historically from religious teachings.
Government must inevitably take cognizance of the existence of
religion and, indeed, under certain circumstances the First
Amendment may require that it do so.''.
(12) On March 5, 1984, in the decision of the Supreme Court of
the United States in Lynch v. Donelly, 465 U.S. 668 (1984), in
which a city government's display of a nativity scene was held to
be constitutional, Chief Justice Burger, writing for the Court,
stated: ``There is an unbroken history of official acknowledgment
by all three branches of government of the role of religion in
American life from at least 1789 . . . [E]xamples of reference to
our religious heritage are found in the statutorily prescribed
national motto `In God We Trust' (36 U.S.C. 186), which Congress
and the President mandated for our currency, see (31 U.S.C.
5112(d)(1) (1982 ed.)), and in the language `One Nation under God',
as part of the Pledge of Allegiance to the American flag. That
pledge is recited by many thousands of public school children--and
adults--every year . . . Art galleries supported by public revenues
display religious paintings of the 15th and 16th centuries,
predominantly inspired by one religious faith. The National Gallery
in Washington, maintained with Government support, for example, has
long exhibited masterpieces with religious messages, notably the
Last Supper, and paintings depicting the Birth of Christ, the
Crucifixion, and the Resurrection, among many others with explicit
Christian themes and messages. The very chamber in which oral
arguments on this case were heard is decorated with a notable and
permanent--not seasonal--symbol of religion: Moses with the Ten
Commandments. Congress has long provided chapels in the Capitol for
religious worship and meditation.''.
(13) On June 4, 1985, in the decision of the Supreme Court of
the United States in Wallace v. Jaffree, 472 U.S. 38 (1985), in
which a mandatory moment of silence to be used for meditation or
voluntary prayer was held unconstitutional, Justice O'Connor,
concurring in the judgment and addressing the contention that the
Court's holding would render the Pledge of Allegiance
unconstitutional because Congress amended it in 1954 to add the
words ``under God,'' stated ``In my view, the words `under God' in
the Pledge, as codified at (36 U.S.C. 172), serve as an
acknowledgment of religion with `the legitimate secular purposes of
solemnizing public occasions, [and] expressing confidence in the
future.'''.
(14) On November 20, 1992, the United States Court of Appeals
for the 7th Circuit, in Sherman v. Community Consolidated School
District 21, 980 F.2d 437 (7th Cir. 1992), held that a school
district's policy for voluntary recitation of the Pledge of
Allegiance including the words ``under God'' was constitutional.
(15) The 9th Circuit Court of Appeals erroneously held, in
Newdow v. U.S. Congress (9th Cir. June 26, 2002), that the Pledge
of Allegiance's use of the express religious reference ``under
God'' violates the First Amendment to the Constitution, and that,
therefore, a school district's policy and practice of teacher-led
voluntary recitations of the Pledge of Allegiance is
unconstitutional.
(16) The erroneous rationale of the 9th Circuit Court of
Appeals in Newdow would lead to the absurd result that the
Constitution's use of the express religious reference ``Year of our
Lord'' in Article VII violates the First Amendment to the
Constitution, and that, therefore, a school district's policy and
practice of teacher-led voluntary recitations of the Constitution
itself would be unconstitutional.
SEC. 2. ONE NATION UNDER GOD.
(a) Reaffirmation.--Section 4 of title 4, United States Code, is
amended to read as follows:
``Sec. 4. Pledge of allegiance to the flag; manner of delivery
``The Pledge of Allegiance to the Flag: `I pledge allegiance to the
Flag of the United States of America, and to the Republic for which it
stands, one Nation under God, indivisible, with liberty and justice for
all.', should be rendered by standing at attention facing the flag with
the right hand over the heart. When not in uniform men should remove
any non-religious headdress with their right hand and hold it at the
left shoulder, the hand being over the heart. Persons in uniform should
remain silent, face the flag, and render the military salute.''.
(b) Codification.--In codifying this subsection, the Office of the
Law Revision Counsel shall show in the historical and statutory notes
that the 107th Congress reaffirmed the exact language that has appeared
in the Pledge for decades.
SEC. 3. REAFFIRMING THAT GOD REMAINS IN OUR MOTTO.
(a) Reaffirmation.--Section 302 of title 36, United States Code, is
amended to read as follows:
``Sec. 302. National motto
```In God we trust' is the national motto.''.
(b) Codification.--In codifying this subsection, the Office of the
Law Revision Counsel shall make no change in section 302, title 36,
United States Code, but shall show in the historical and statutory
notes that the 107th Congress reaffirmed the exact language that has
appeared in the Motto for decades.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Reaffirms: (1) the language of the Pledge of Allegiance to the Flag, including the phrase "one Nation under God"; and (2) the national motto "In God we trust."Modifies the manner in which the Pledge is to be delivered by stating that, when not in uniform, men should remove any non-religious headdress (currently, any headdress). | {"src": "billsum_train", "title": "A bill to reaffirm the reference to one Nation under God in the Pledge of Allegiance."} | 2,753 | 84 | 0.348073 | 0.989986 | 0.178897 | 2.72973 | 33.635135 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Containing and Managing Climate
Change Costs Efficiently Act''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to ensure that the imposition of limits on greenhouse
gas emissions will not significantly harm the economy of the
United States; and
(2) to establish a Carbon Market Efficiency Board to ensure
the implementation and maintenance of a stable, functioning,
and efficient market in tradeable permits to emit greenhouse
gases.
SEC. 3. ESTABLISHMENT OF CARBON MARKET EFFICIENCY BOARD.
(a) Establishment.--There is established a board, to be known as
the ``Carbon Market Efficiency Board'' (referred to in this Act as the
``Board'').
(b) Purposes.--The purposes of the Board are--
(1) to promote the achievement of the environmental
objectives (including any national mandatory greenhouse gas
emissions cap and reduction targets) of the United States;
(2) to observe the national greenhouse gas emission market
and evaluate periods during which the cost of permits provided
under Federal law might pose significant harm to the economy;
(3) to conduct observation during the 2-year period
following the establishment of a market program for permits
under Federal law, and to provide temporary, short-term relief
at any time at which the program is determined to pose a
significant harm to the economy using the cost relief measures
prescribed under section 5; and
(4) to submit to the President and Congress quarterly
reports--
(A) describing the status of each greenhouse gas
emission market established under Federal law, the
economic effects of the markets, regional, industrial,
and consumer responses to the markets, any corrective
measures that should be carried out to relieve
excessive costs of the markets, and plans to compensate
for those measures;
(B) that are timely and succinct to ensure regular
monitoring of market trends; and
(C) that are prepared independently by the Board.
(c) Membership.--
(1) Composition.--The Board shall be composed of 7 members,
to be appointed by the President, by and with the advice and
consent of the Senate.
(2) Requirements.--In appointing members of the Board under
paragraph (1), the President shall--
(A) ensure fair representation of the financial,
agricultural, industrial, and commercial sectors, and
the geographical regions, of the United States; and
(B) appoint not more than 1 member from each such
geographical region.
(3) Compensation.--
(A) In general.--A member of the Board shall be
compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level II of
the Executive Schedule under section 5313 of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the
performance of the duties of the Board.
(B) Chairperson.--The Chairperson of the Board
shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for level I of the Executive Schedule under section
5312 of title 5, United States Code, for each day
(including travel time) during which the member is
engaged in the performance of the duties of the Board.
(4) Prohibitions.--
(A) Conflicts of interest.--An individual employed
by, or holding any official relationship (including any
shareholder) with, any entity engaged in the
generation, transmission, distribution, or sale of
energy, or an individual who has any pecuniary interest
in the generation, transmission, distribution, or sale
of energy, shall not be appointed to the Board under
this subsection.
(B) No other employment.--A member of the Board
shall not hold any other employment during the term of
service of the member.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--The term of a member of the Board
shall be 14 years, except that the members first
appointed to the Board shall be appointed for terms in
a manner that ensures that--
(i) the term of not more than 1 member
shall expire during any 2-year period; and
(ii) no member serves a term of more than
14 years.
(B) Oath of office.--A member shall take the oath
of office of the Board by not later than 15 days after
the date on which the member is appointed under
subsection (c)(1).
(C) Removal.--
(i) In general.--A member may be removed
from the Board on determination of the
President for cause.
(ii) Notification.--The President shall
submit to Congress a notification of any
determination by the President to remove a
member of the Board for cause under clause (i).
(2) Vacancies.--
(A) In general.--A vacancy on the Board--
(i) shall not affect the powers of the
Board; and
(ii) shall be filled in the same manner as
the original appointment was made.
(B) Service until new appointment.--A member of the
Board the term of whom has expired or otherwise been
terminated shall continue to serve until the date on
which a replacement is appointed under subparagraph
(A)(ii), as the President determines to be appropriate.
(e) Chairperson and Vice-Chairperson.--Of members of the Board, the
President shall appoint--
(1) 1 member to serve as Chairperson of the Board for a
term of 4 years; and
(2) 1 member to serve as Vice-Chairperson of the Board for
a term of 4 years.
(f) Meetings.--
(1) Initial meeting.--The Board shall hold the initial
meeting of the Board as soon as practicable after the date on
which all members have been appointed to the Board under
subsection (c)(1).
(2) Presiding officer.--A meeting of the Board shall be
presided over by--
(A) the Chairperson;
(B) in any case in which the Chairperson is absent,
the Vice-Chairperson; or
(C) in any case in which the Chairperson and Vice-
Chairperson are absent, a chairperson pro tempore, to
be elected by the members of the Board.
SEC. 4. DUTIES.
(a) Information Gathering.--
(1) Authority.--The Board shall collect and analyze
relevant market information to promote a full understanding of
the dynamics of each greenhouse gas emission market established
under Federal law.
(2) Information.--The Board shall gather such information
as the Board determines to be appropriate regarding the status
of the markets, including information relating to--
(A) permit allocation and availability;
(B) the price of permits;
(C) macro- and micro- economic effects of the
markets; and
(D) the success of the markets in achieving the
environmental objectives of the markets.
(b) Treatment as Primary Activity.--
(1) In general.--During the initial 2-year period of
operation of the Board, information gathering under subsection
(a) shall be the primary activity of the Board.
(2) Subsequent authority.--After the 2-year period
described in paragraph (1), the Board shall assume authority to
implement the cost-relief measures described in section 5(a).
(c) Study.--During the 2-year period beginning on the date on which
the initial greenhouse gas emission market established under Federal
law begins operation, the Board shall--
(1) conduct a study of other markets for tradeable permits
to emit covered greenhouse gases in the United States; and
(2) not later than 180 days after that date, submit to
Congress a report describing the status of the initial market,
specifically with respect to volatility within the market and
the average price of greenhouse gas permits during that 180-day
period.
(d) Employment of Cost Relief Measures.--
(1) In general.--If the Board determines that a greenhouse
gas emission market established under Federal law poses a
significant harm to the economy of the United States, the Board
shall carry out such cost relief measures relating to that
market as the Board determines to be appropriate under section
5(a).
(2) Initial period.--During the 2-year period beginning on
the date on which the initial greenhouse gas emission market
established under Federal law begins operation, if the Board
determines that the average daily closing price of greenhouse
gas permits during a 180-day period exceeds the upper range of
the estimate provided under section 6, the Board shall--
(A) increase the quantity of permits that covered
entities may borrow from the prescribed allocations of
the covered entities for future years; and
(B) take subsequent action as described in section
5(a)(2).
(3) Requirements.--Any action carried out pursuant to this
subsection shall be subject to the requirements of section
5(a)(3)(B).
(e) Reports.--The Board shall submit to the President and Congress
quarterly reports--
(1) describing the status of each greenhouse gas emission
market established under Federal law, the economic effects of
the markets, regional, industrial, and consumer responses to
the markets, any corrective measures that should be carried out
to relieve excessive costs of the markets, and plans to
compensate for those measures; and
(2) that are prepared independently by the Board, and not
in partnership with Federal agencies.
SEC. 5. POWERS.
(a) Cost Relief Measures.--
(1) In general.--Beginning on the day after the date of
expiration of the 2-year period described in section 4(b), the
Board may carry out 1 or more of the following cost relief
measures to ensure functioning, stable, and efficient markets
for tradeable permits to emit greenhouse gases:
(A) Increase the quantity of permits that covered
entities may borrow from the prescribed allocations of
the covered entities for future years.
(B) Expand the period during which a covered entity
may repay the allocating agency for a permit borrowed
as described in subparagraph (A).
(C) Lower the interest rate at which a permit may
be borrowed as described in subparagraph (A).
(D) Expand the total quantity of permits made
available to all covered entities at any given time by
borrowing against the total allowable quantity of
permits to be provided for future years.
(2) Subsequent actions.--On determination by the Board to
carry out a cost relief measure pursuant to paragraph (1), the
Board shall--
(A) allow the cost relief measure to be used only
during the applicable allocation year;
(B) exercise the cost relief measure incrementally,
and only as needed to avoid significant economic harm
during the applicable allocation year;
(C) specify the terms of the relief to be achieved
using the cost relief measure, including requirements
for entity-level or national market-level compensation
to be achieved by a specific date or within a specific
time period;
(D) in accordance with section 4(e), submit to the
President and Congress a report describing the actions
carried out by the Board and recommendations for the
terms under which the cost relief measure should be
authorized by Congress and carried out by Federal
entities; and
(E) evaluate, at the end of the applicable
allocation year, actions that need to be carried out
during subsequent years to compensate for any cost
relief measure carried out during the applicable
allocation year.
(3) Action on expansion of borrowing.--
(A) In general.--If the Board carries out a cost
relief measure pursuant to paragraph (1) that results
in the expansion of borrowing of permits under Federal
law, and if the average daily closing price of permits
for the 180-day period beginning on the date on which
borrowing is so expanded exceeds the upper range of the
estimate provided under section 6, the Board shall
increase the quantity of permits available for the
applicable allocation year in accordance with this
paragraph.
(B) Requirements.--An increase in the quantity of
permits under subparagraph (A) shall--
(i) apply to all covered entities;
(ii) be allocated in accordance with the
applicable formulas and procedures established
under this Act;
(iii) be equal to not more than 5 percent
of the total quantity of permits otherwise
available for the applicable allocation year
under this Act;
(iv) remain in effect only for the
applicable allocation year;
(v) specify the date by which the increase
shall be repaid by covered entities through a
proportionate reduction of permits available
for subsequent allocation years; and
(vi) require the repayment under clause (v)
to be made by not later than the later of--
(I) the date that is 15 years after
the date on which the increase is
provided; and
(II) the date on which the
subsequent applicable phase of
greenhouse gas reductions takes effect
under this Act.
(b) Assessments.--Not more frequently than semiannually, the Board
may levy on participants in any permit trading system established under
Federal law, in proportion to the capital stock and surplus of the
participants, an assessment sufficient to pay the estimated expenses of
the Board and the salaries of members of and employees of the Board
during the 180-day period beginning on the date on which the assessment
is levied, taking into account any deficit carried forward from the
preceding 180-day period.
(c) Limitations.--Nothing in this section gives the Board the
authority--
(1) to consider or prescribe entity-level petitions for
relief from the costs of a permit allocation or trading program
established under Federal law;
(2) to carry out any investigative or punitive process
under the jurisdiction of any Federal or State court;
(3) to interfere with, modify, or adjust any permit
allocation scheme established under Federal law; or
(4) to modify the goals of any limit on greenhouse gas
emissions.
SEC. 6. ESTIMATE OF COSTS TO ECONOMY OF LIMITING GREENHOUSE GAS
EMISSIONS.
The Director of the Congressional Budget Office, using economic and
scientific analyses, shall submit to Congress a report that describes
the projected price range at which greenhouse gas permits are expected
to trade during the initial 2-year period of the initial greenhouse gas
emission market established under Federal law.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Containing and Managing Climate Change Costs Efficiently Act - Establishes the Carbon Market Efficiency Board to: (1) analyze market information to promote understanding of the dynamics of each federal greenhouse gas (GHG) emission market; (2) gather information regarding the status of the markets; and (3) carry out cost relief measures if it determines that a federal GHG market poses significant harm to the U.S. economy.
Requires the Board, during the two-year period beginning on the date the initial federally established GHG market begins operation: (1) to study other markets for tradeable permits to emit covered GHGs; and (2) if it determines that the average daily closing price of GHG permits during a 180-day period exceeds the upper range of an estimate, to increase the quantity of permits that covered entities may borrow from their prescribed allocations for future years and take specified subsequent action.
Requires the Board to report to the President and Congress on the status of each federal GHG market, the economic effects of the markets, regional, industrial, and consumer responses to the markets, corrective measures that should be carried out to relieve excessive costs of the markets, and plans to compensate for those measures.
Authorizes the Board to carry out cost relief measures to ensure functioning, stable, and efficient markets for tradeable permits to emit GHGs beginning on the day after the expiration of the initial two-year period. Sets forth requirements for the Board to follow in carrying out the cost relief measures.
Limits the Board's authority, including prohibiting the Board from prescribing entity-level petitions for relief from the costs of a federal permit allocation or trading program.
Requires the Director of the Congressional Budget Office (CBO) to report to Congress on the projected price range at which GHG permits are expected to trade during the initial two-year period of the market. | {"src": "billsum_train", "title": "A bill to provide for efficient containment and management of climate change costs."} | 3,051 | 402 | 0.677261 | 2.148761 | 0.837967 | 4.156425 | 8.251397 | 0.916201 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Track It to
Prevent It Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Improved climate assessments and dissemination and tracking of
results.
Sec. 5. Inclusion of letter of reprimands, nonpunitive letter of
reprimands and counseling statements.
Sec. 6. Service-wide 360 assessments.
Sec. 7. Health welfare inspections.
Sec. 8. Review of security of military installations, including
barracks and multi-family residences.
Sec. 9. Review of the Office of Diversity Management and Equal
Opportunity role in sexual harassment
cases.
Sec. 10. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the Department of Defense, 3,374 sexual
assault cases involving a member of the Armed Forces were
reported in fiscal year 2012, a 6 percent increase in the
number of reported cases in fiscal year 2011.
(2) However, approximately 26,000 members of the Armed
Forces made an anonymous report of a sexual assault in fiscal
year 2012, a substantial increase from fiscal year 2011.
(3) According to the Department of Defense, of the 6.1
percent of female members of the Armed Forces who experienced
``unwanted sexual contact'' in fiscal year 2012, 77 percent
also experienced sexual harassment and, of the 1.2 percent of
male members of the Armed Forces who experienced ``unwanted
sexual contact'' in fiscal year 2012, 52 percent also
experienced sexual harassment.
(4) Sixty-two percent of those members who experienced
unwanted sexual contact also perceived some form of social,
administrative, or professional retaliation.
(5) Climate assessments are required by law and commanders
at all levels must comply as it is their core responsibility to
create a safe and healthy environment for the unit.
(6) Trends in bad behavior and reoccurring actions that
harm the members of the unit, such as sexual harassment and
sexual assault, must be identified earlier through improved
performance assessments and better reporting by commanders at
all levels.
(7) According to a recent Government Accountability Office
report, two of the primary reasons why members decide not to
report sexual harassment and sexual assault incidents are
because they do not think anything will be done about the
incident if they report it and they think that reporting the
incident will adversely impact their military career.
(8) As long as commanders at any level continue to condone
or ignore certain types of sexual misconduct, this behavior
will continue to be prevalent in the military obstructing the
change in culture.
SEC. 3. DEFINITIONS.
In this Act
(1) The term ``sexual harassment'' has the meaning given
such term in Department of Defense Directive 1350.2, Department
of Defense Military Equal Opportunity Program.
(2) The term ``sexual assault'' means any of the offenses
described in section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice).
SEC. 4. IMPROVED CLIMATE ASSESSMENTS AND DISSEMINATION AND TRACKING OF
RESULTS.
(a) Improved Dissemination of Results in Chain of Command.--The
Secretary of Defense shall ensure that the results of command climate
assessments are provided to the relevant individual commander and to
the next higher level of command.
(b) Performance Tracking.--
(1) Evidence of compliance.--The Secretary of each military
department shall include in the performance evaluations and
assessments used by each Armed Force under the jurisdiction of
the Secretary a designated form where senior commanders can
indicate whether the commander has conducted the required
climate assessments.
(2) Effect of failure to conduct assessment.--If a
commander is found to not have conducted the required climate
assessments, the failure shall be noted in the commander's
performance evaluation and be considered a serious factor
during consideration for any subsequent promotion.
(c) Tracking System.--The Inspector General of the Department of
Defense shall develop a system to track whether commanders are
conducting command climate assessments.
(d) Unit Compliance Reports.--Working with the Inspector General of
the Department of Defense, unit commanders shall gather all the climate
assessments from the unit and develop a compliance report that, at a
minimum, shall include the following:
(1) A comprehensive overview of the concerns members of the
unit expressed in the climate assessments.
(2) Data showing how leadership is perceived in the unit.
(3) A detailed strategic plan on how leadership plans to
address the expressed concerns.
SEC. 5. INCLUSION OF LETTER OF REPRIMANDS, NONPUNITIVE LETTER OF
REPRIMANDS AND COUNSELING STATEMENTS.
The Secretary of Defense shall require commanders to include letter
of reprimands, nonpunitive letter of actions and counseling statements
involving substantiated cases of sexual harassment or sexual assault in
the performance evaluation report of a member of the Armed Forces for
the purpose of--
(1) providing commanders increased visibility of the
background information of members of the unit;
(2) identifying and preventing trends of bad behavior early
and effectively disciplining repeated actions which hinder
units from fostering a healthy climate; and
(3) preventing the transfer of sexual offenders.
SEC. 6. SERVICE-WIDE 360 ASSESSMENTS.
(a) Adoption of 360-Degree Approach.--The Secretary of each
military department shall develop an assessment program modeled after
the current Department of the Army Multi-Source Assessment and Feedback
(MSAF) Program, known in this section as the ``360-degree approach''.
(b) Report on Inclusion in Performance Evaluation Reports.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary of Defense shall submit to Congress a report containing the
results of an assessment of the feasibility of including the 360-degree
approach as part of the performance evaluation reports.
(c) Individual Counseling.--The Secretary of each military
department shall include individual counseling as part of the
performance evaluation process.
SEC. 7. HEALTH WELFARE INSPECTIONS.
The Secretary of each military department shall conduct health
welfare inspections on a monthly basis in order to ensure and maintain
security, military readiness, good order, and discipline of all units
of the Armed Forces under the jurisdiction of the Secretary. Results of
the Health Welfare Inspections shall be provided to both the commander
and senior commander.
SEC. 8. REVIEW OF SECURITY OF MILITARY INSTALLATIONS, INCLUDING
BARRACKS AND MULTI-FAMILY RESIDENCES.
(a) Review of Security Measures.--The Secretary of Defense shall
conduct a review of security measures on United States military
installations, specifically with regard to barracks and multi-family
residences on military installations, for the purpose of ensuring the
safety of members of the Armed Forces and their dependents who reside
on military installations.
(b) Elements of Study.--In conducting the review under subsection
(a), the Secretary of Defense shall--
(1) identify security gaps on military installations; and
(2) evaluate the feasibility and effectiveness of using 24-
hour electronic monitoring or placing security personnel at all
points of entry into barracks and multi-family residences on
military installation.
(c) Submission of Results.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
Congress a report containing the results of the study conducted under
subsection (a), including an estimate of the costs--
(1) to eliminate all security gaps identified under
subsection (b)(1); and
(2) to provide 24-hour security monitoring as evaluated
under subsection (b)(2).
SEC. 9. REVIEW OF THE OFFICE OF DIVERSITY MANAGEMENT AND EQUAL
OPPORTUNITY ROLE IN SEXUAL HARASSMENT CASES.
(a) Review Required.--The Secretary of Defense shall conduct a
review of the Office of Diversity Management and Equal Opportunity for
the purposes specified in subsection (b).
(b) Elements of Study.--In conducting the review under subsection
(a), the Secretary of Defense shall--
(1) identify and evaluate the resource and personnel gaps
in the Office;
(2) identify and evaluate the role of the Office in sexual
harassment cases; and
(3) evaluate how the Office works with the Sexual Assault
Prevention and Response Office to address sexual harassment in
the Armed Forces.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Defense
such sums as may be necessary to carry out this Act for fiscal year
2014. | Track It to Prevent It Act - Directs: (1) the Secretary of Defense to ensure that the results of command climate assessments are provided to the relevant individual commander and to the next higher level of command, (2) the Secretary of each military department to include in performance evaluations and assessments used by each Armed Force a designated form where senior commanders can indicate whether the commander has conducted the required climate assessments and to require that any failure to do so be noted in the commander's performance evaluation and considered a serious factor for any subsequent promotion, and (3) the Inspector General of the Department of Defense (DOD) to develop a system to track whether commanders are conducting such climate assessments. Requires unit commanders, working with the Inspector General, to gather all climate assessments from the unit and develop a compliance report that includes: (1) a comprehensive overview of the concerns members of the unit expressed, (2) data showing how leadership is perceived in the unit, and (3) a detailed strategic plan on how leadership plans to address the expressed concerns. Directs the Defense Secretary to require commanders to include letters of reprimand, non-punitive letters of actions, and counseling statements involving substantiated cases of sexual harassment or sexual assault in the performance evaluation report of a member of the Armed Forces for the purpose of: (1) providing commanders increased visibility of the background information of unit members, (2) identifying and preventing trends of bad behavior early and effectively disciplining repeated actions which hinder units from fostering a healthy climate, and (3) preventing the transfer of sexual offenders. Requires the Secretary of each military department to: (1) develop an assessment program modeled after the current Department of the Army Multi-Source Assessment and Feedback Program, (2) include individual counseling as part of the performance evaluation process, and (3) conduct health welfare inspections on a monthly basis and provide the results to both the commander and senior commander. Directs the Defense Secretary to: (1) conduct a review of security measures and identify security gaps on military installations; (2) evaluate the feasibility and effectiveness of using 24-hour electronic monitoring or placing security personnel at all points of entry into barracks and multi-family residences; and (3) conduct a review of the Office of Diversity Management and Equal Opportunity to identify and evaluate the resource and personnel gaps in the Office, identify and evaluate the Office's role in sexual harassment cases, and evaluate how the Office works with the Sexual Assault Prevention and Response Office to address sexual harassment in the Armed Forces. | {"src": "billsum_train", "title": "Track It to Prevent It Act"} | 1,900 | 524 | 0.579955 | 2.125761 | 0.830172 | 6.164659 | 3.536145 | 0.967871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Meth Free Families and Communities
Act''.
SEC. 2. ENHANCING HEALTH CARE PROVIDER AWARENESS OF METHAMPHETAMINE
ADDICTION.
Section 507(b) of the Public Health Service Act (42 U.S.C.
290bb(b)) is amended--
(1) by redesignating paragraphs (13) and (14) as paragraphs
(14) and (15), respectively; and
(2) by inserting after paragraph (12) the following:
``(13) collaborate with professionals in the addiction
field and primary health care providers to raise awareness
about how to--
``(A) recognize the signs of a substance abuse
disorder; and
``(B) apply evidence-based practices for screening
and treating individuals with or at-risk for developing
an addiction, including addiction to methamphetamine or
other drugs;''.
SEC. 3. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING
WOMEN.
Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``postpartum women treatment for substance
abuse'' and inserting ``parenting women treatment for
substance abuse (including treatment for addiction to
methamphetamine)'';
(B) in paragraph (1), by striking ``reside in'' and
inserting ``reside in or receive outpatient treatment
services from''; and
(C) in paragraph (2), by striking ``reside with the
women in'' and inserting ``reside with the women in, or
receive outpatient treatment services from,'';
(2) in subsection (d), by amending paragraph (2) to read as
follows:
``(2) Referrals for necessary hospital and dental
services.'';
(3) by amending subsection (h) to read as follows:
``(h) Accessibility of Program.--A funding agreement for an award
under subsection (a) for an applicant is that the program operated
pursuant to such subsection will be accessible to--
``(1) pregnant and parenting women in low-income
households; and
``(2) pregnant and parenting women in health disparity
populations.'';
(4) by amending subsection (m) to read as follows:
``(m) Allocation of Awards.--In making awards under subsection (a),
the Director shall give priority to any entity that agrees to use the
award for a program serving an area that--
``(1) is a rural area, an area designated under section 332
by the Administrator of the Health Resources and Services
Administration as a health professional shortage area with a
shortage of mental health professionals, or an area determined
by the Director to have a shortage of family-based substance
abuse treatment options; and
``(2) is determined by the Director to have high rates of
addiction to methamphetamine or other drugs.'';
(5) in subsection (p)--
(A) by striking ``October 1, 1994'' and inserting
``October 1, 2009'';
(B) by inserting ``In submitting reports under this
subsection, the Director may use data collected under
this section or other provisions of law.'' after
``biennial report under section 501(k).''; and
(C) by striking ``Each report under this subsection
shall include'' and all that follows and inserting
``Each report under this subsection shall, with respect
to the period for which the report is prepared, include
the following:
``(1) A summary of any evaluations conducted under
subsection (o).
``(2) Data on the number of pregnant and parenting women in
need of, but not receiving, treatment for substance abuse under
programs carried out pursuant to this section. Such data shall
include, but not be limited to, the number of pregnant and
parenting women in need of, but not receiving, treatment for
methamphetamine abuse under such programs, disaggregated by
State and tribe.
``(3) Data on recovery and relapse rates of women receiving
treatment for substance abuse under programs carried out
pursuant to this section, including data disaggregated with
respect to treatment for methamphetamine abuse.'';
(6) by redesignating subsections (q) and (r) as subsections
(r) and (s), respectively;
(7) by inserting after subsection (p) the following:
``(q) Methamphetamine Addiction.--In carrying out this section, the
Director shall expand, intensify, and coordinate efforts to provide
pregnant and parenting women treatment for addiction to methamphetamine
or other drugs.'';
(8) in subsection (r) (as so redesignated)--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) The term `health disparity population' means a
population in which there is a significant disparity in the
overall rate of disease incidence, prevalence, morbidity,
mortality, or survival rates in the population as compared to
the health status of the general population.''; and
(9) in subsection (s) (as so redesignated), by striking
``such sums as may be necessary to fiscal years 2001 through
2003'' and inserting ``$20,000,000 for fiscal year 2009,
$21,000,000 for fiscal year 2010, $22,050,000 for fiscal year
2011, $23,152,500 for fiscal year 2012, and $24,310,125 for
fiscal year 2013''.
SEC. 4. DRUG-FREE WORKPLACE INFORMATION CLEARINGHOUSE.
Section 515(b) of the Public Health Service Act (42 U.S.C. 290bb-
21(b)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) by redesignating paragraph (11) as paragraph (12); and
(3) by inserting after paragraph (10) the following:
``(11) develop a clearinghouse that provides information
and educational materials to employers and employees about drug
testing policies and programs; and''.
SEC. 5. STUDENT-DRIVEN METHAMPHETAMINE AWARENESS PROJECT.
Section 519E(c)(1) of the Public Health Service Act (42 U.S.C.
290bb-25e(c)(1)) is amended--
(1) by redesignating subparagraphs (B) through (G) as
subparagraphs (C) through (H), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) to develop, with the guidance of adult
mentors and professionals, a student-driven
methamphetamine awareness project such as a public
service announcement or a television, radio, or print
advertisement;''.
Passed the House of Representatives September 25, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Meth Free Families and Communities Act - (Sec. 2) Amends the Public Health Service Act to require the Director of the Center for Substance Abuse Treatment to collaborate with professionals in the addiction field and primary health care providers to raise awareness about how to: (1) recognize the signs of a substance abuse disorder; and (2) apply evidence-based practices for screening and treating individuals with, or at-risk for developing, an addiction.
(Sec. 3) Revises provisions governing a grant program for substance abuse residential treatment for pregnant and parenting women (currently, for postpartum women) to: (1) include treatment for addiction to methamphetamine, outpatient treatment services, and referrals for dental services; and (2) require programs to be accessible to pregnant and parenting women in low-income households and in health disparity populations.
Requires the Director to give grant priority to a program serving an area that: (1) is a rural area, an area with a shortage of mental health professionals, or an area with a shortage of family-based substance abuse treatment options; and (2) has high rates of addiction to methamphetamine or other drugs.
Requires the Director to: (1) include in biennial reports to Congress data on the number of pregnant and parenting women in need of, but not receiving, treatment for substance abuse and on recovery and relapse rates of women receiving such treatment; and (2) expand, intensify, and coordinate efforts to provide pregnant and parenting women treatment for addiction to methamphetamine or other drugs.
Reauthorizes appropriations for FY2009-FY2013 for the substance abuse program.
(Sec. 4) Requires the Director of the Office for Substance Abuse Prevention to develop a clearinghouse that provides information and educational materials to employers and employees about drug testing policies and programs.
(Sec. 5) Authorizes amounts made available for methamphetamine or inhalant prevention programs in schools and communities to be used to develop a student-driven methamphetamine awareness project. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for the establishment of a drug-free workplace information clearinghouse, to support residential methamphetamine treatment programs for pregnant and parenting women, to improve the prevention and treatment of methamphetamine addiction, and for other purposes."} | 1,555 | 447 | 0.688959 | 2.248443 | 0.854475 | 4.401042 | 3.721354 | 0.927083 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Expansion Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Across-the-board benefit increase.
Sec. 3. Computation of cost-of-living increases.
Sec. 4. Increase in minimum benefit for lifetime low earners based on
years in the workforce.
Sec. 5. Payroll tax on remuneration up to contribution and benefit base
and more than $250,000.
Sec. 6. Tax on net earnings from self-employment up to contribution and
benefit base and more than $250,000.
Sec. 7. Tax on investment gain.
SEC. 2. ACROSS-THE-BOARD BENEFIT INCREASE.
Section 215(a)(1)(B) of the Social Security Act (42 U.S.C.
415(a)(1)(B)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) For individuals who initially become eligible for
old-age or disability insurance benefits, or who die (before
becoming eligible for such benefits) in any calendar year after
2020, the amount determined under clause (i) of this
subparagraph for purposes of subparagraph (A)(i) for such
calendar year shall be increased by--
``(I) for calendar year 2021, 1 percent;
``(II) for each of calendar years 2022 through
2034, the percent determined under this clause for the
preceding year increased by 1 percentage point; and
``(III) for calendar year 2035 and each year
thereafter, 15 percent.''.
SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES.
(a) In General.--Section 215(i)(1) of the Social Security Act (42
U.S.C. 415(i)(1)) is amended by adding at the end the following new
subparagraph:
``(H) the term `Consumer Price Index' means the Consumer
Price Index for Elderly Consumers (CPI-E, as published by the
Bureau of Labor Statistics of the Department of Labor).''.
(b) Application to Pre-1979 Law.--
(1) In general.--Section 215(i)(1) of the Social Security
Act as in effect in December 1978, and as applied in certain
cases under the provisions of such Act as in effect after
December 1978, is amended by adding at the end the following
new subparagraph:
``(D) the term `Consumer Price Index' means the Consumer
Price Index for Elderly Consumers (CPI-E, as published by the
Bureau of Labor Statistics of the Department of Labor).''.
(2) Conforming change.--Section 215(i)(4) of the Social
Security Act (42 U.S.C. 415(i)(4)) is amended by inserting
``and by section 102 of the Social Security Expansion Act''
after ``1986''.
(c) No Effect on Adjustments Under Other Laws.--Section 215(i) of
the Social Security Act (42 U.S.C. 415(i)) is amended by adding at the
end the following:
``(6) Any provision of law (other than in this title, title VIII,
or title XVI) which provides for adjustment of an amount based on a
change in benefit amounts resulting from a determination made under
this subsection shall be applied and administered without regard to the
amendments made by section 102 of the Social Security Expansion Act.''.
(d) Publication of Consumer Price Index for Elderly Consumers.--The
Bureau of Labor Statistics of the Department of Labor shall prepare and
publish the index authorized by section 191 of the Older Americans
Amendments Act of 1987 (29 U.S.C. 2 note) for each calendar month,
beginning with July of the calendar year following the calendar year in
which this Act is enacted, and such index shall be known as the
``Consumer Price Index for Elderly Consumers''.
(e) Effective Date.--The amendments made by subsection (a) shall
apply to determinations made with respect to cost-of-living computation
quarters (as defined in section 215(i)(1)(B) of the Social Security Act
(42 U.S.C. 415(i)(1)(B))) ending on or after September 30 of the second
calendar year following the calendar year in which this Act is enacted.
SEC. 4. INCREASE IN MINIMUM BENEFIT FOR LIFETIME LOW EARNERS BASED ON
YEARS IN THE WORKFORCE.
(a) In General.--Section 215(a)(1) of the Social Security Act (42
U.S.C. 415(a)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D)(i) Effective with respect to the benefits of individuals who
become eligible for old-age insurance benefits or disability insurance
benefits (or die before becoming so eligible) after 2015, no primary
insurance amount computed under subparagraph (A) may be less than the
greater of--
``(I) the minimum monthly amount computed under
subparagraph (C); or
``(II) in the case of an individual who has more than 10
years of work (as defined in clause (iv)(I)), the alternative
minimum amount determined under clause (ii).
``(ii)(I) The alternative minimum amount determined under this
clause is the applicable percentage of \1/12\ of the annual dollar
amount determined under clause (iii) for the year in which the amount
is determined.
``(II) For purposes of subclause (I), the applicable percentage is
the percentage specified in connection with the number of years of
work, as set forth in the following table:
``If the number of years The applicable
of work is: percentage is:
11........................................... 6.25 percent
12........................................... 12.50 percent
13........................................... 18.75 percent
14........................................... 25.00 percent
15........................................... 31.25 percent
16........................................... 37.50 percent
17........................................... 43.75 percent
18........................................... 50.00 percent
19........................................... 56.25 percent
20........................................... 62.50 percent
21........................................... 68.75 percent
22........................................... 75.00 percent
23........................................... 81.25 percent
24........................................... 87.50 percent
25........................................... 93.75 percent
26........................................... 100.00 percent
27........................................... 106.25 percent
28........................................... 112.50 percent
29........................................... 118.75 percent
30 or more................................... 125.00 percent.
``(iii) The annual dollar amount determined under this clause is--
``(I) for calendar year 2016, the poverty guideline for
2015; and
``(II) for any calendar year after 2016, the annual dollar
amount for 2016 multiplied by the ratio of--
``(aa) the national average wage index (as defined
in section 209(k)(1)) for the second calendar year
preceding the calendar year for which the determination
is made, to
``(bb) the national average wage index (as so
defined) for 2014.
``(iv) For purposes of this subparagraph--
``(I) the term `year of work' means, with respect to an
individual, a year to which 4 quarters of coverage have been
credited based on such individual's wages and self-employment
income; and
``(II) the term `poverty guideline for 2015' means the
annual poverty guideline for 2015 (as updated annually in the
Federal Register by the Department of Health and Human Services
under the authority of section 673(2) of the Omnibus Budget
Reconciliation Act of 1981) as applicable to a single
individual.''.
(b) Recomputation.--Notwithstanding section 215(f)(1) of the Social
Security Act, the Commissioner of Social Security shall recompute
primary insurance amounts originally computed for months prior to
November 2014 to the extent necessary to carry out the amendments made
by this section.
(c) Conforming Amendment.--Section 209(k)(1) of such Act (42 U.S.C.
409(k)(1)) is amended by inserting ``215(a)(1)(E),'' after
``215(a)(1)(D),''.
SEC. 5. PAYROLL TAX ON REMUNERATION UP TO CONTRIBUTION AND BENEFIT BASE
AND MORE THAN $250,000.
(a) In General.--Paragraph (1) of section 3121(a) of the Internal
Revenue Code of 1986 is amended by inserting after ``such calendar
year.'' the following: ``The preceding sentence shall apply only to
calendar years for which the contribution and benefit base (as so
determined) is less than $250,000, and, for such calendar years, only
to so much of the remuneration paid to such employee by such employer
with respect to employment as does not exceed $250,000.''.
(b) Conforming Amendment.--Paragraph (1) of section 3121 of the
Internal Revenue Code of 1986 is amended by striking ``Act) to'' and
inserting ``Act), or in excess of $250,000, to''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 2015.
SEC. 6. TAX ON NET EARNINGS FROM SELF-EMPLOYMENT UP TO CONTRIBUTION AND
BENEFIT BASE AND MORE THAN $250,000.
(a) In General.--Paragraph (1) of section 1402(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) in the case of the tax imposed by section 1401(a),
the excess of--
``(A) that part of the net earnings from self-
employment which is in excess of--
``(i) an amount equal to the contribution
and benefit base (as determined under section
230 of the Social Security Act) which is
effective for the calendar year in which such
taxable year begins, minus
``(ii) the amount of the wages paid to such
individual during such taxable years; over
``(B) that part of the net earnings from self-
employment which is in excess of the sum of--
``(i) the excess of--
``(I) the net earning from self-
employment reduced by the excess (if
any) of subparagraph (A)(i) over
subparagraph (A)(ii), over
``(II) $250,000, reduced by such
contribution and benefit base, plus
``(ii) the amount of the wages paid to such
individual during such taxable year in excess
of such contribution and benefit base and not
in excess of $250,000; or''.
(b) Phaseout.--Subsection (b) of section 1402 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``Paragraph (1) shall apply only to taxable years beginning in calendar
years for which the contribution and benefit base (as determined under
section 230 of the Social Security Act) is less than $250,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to net earnings from self-employment derived, and remuneration
paid, after December 31, 2015.
SEC. 7. TAX ON INVESTMENT GAIN.
(a) In General.--Subsection (a) of section 1411 of the Internal
Revenue Code of 1986 is amended by striking ``3.8 percent'' each place
it appears and inserting ``10 percent''.
(b) Conforming Amendment.--The heading for chapter 2A of the
Internal Revenue Code of 1986 is amended by inserting ``AND SOCIAL
SECURITY'' after ``MEDICARE''.
(c) Trust Funds.--
(1) Federal old-age and survivors insurance trust fund.--
Subsection (a) of section 201 of the Social Security Act (42
U.S.C. 401) is amended--
(A) in paragraph (4), by striking the period at the
end and inserting ``; and'';
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) 62 percent of the taxes imposed under section 1411 of the
Internal Revenue Code of 1986, less the amounts specified in clause (3)
of subsection (b) of this section.''; and
(C) in the flush matter at the end--
(i) by striking ``clauses (3) and (4)''
each place it appears and inserting ``clauses
(3), (4), and (5)''; and
(ii) by striking ``clauses (1) and (2)''
and inserting ``clauses (1), (2), and (3)''.
(2) Federal disability insurance trust fund.--Subsection
(b) of such section is amended--
(A) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(B) by adding at the end the following new
paragraph:
``(3) 9 percent of the taxes imposed under section 1411 of the
Internal Revenue Code of 1986.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Social Security Expansion Act Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to: increase the primary insurance amount for all eligible beneficiaries, beginning in 2021; revise computation of cost-of-living adjustments to use the Consumer Price Index for Elderly Consumers; increase the special minimum primary insurance amount for lifetime low earners based on years in the workforce. Amends the Internal Revenue Code to: (1) apply employment and self-employment taxes to remuneration up to the contribution and benefit base and to remuneration in excess of $250,000; and (2) increase the tax on investment gain from 3.8% to 10% of the lesser of net investment income for such taxable year or the excess (if any) of the modified adjusted gross income for such taxable year, over the threshold amount, with 62% of such tax allocated to the Federal Old-Age and Survivors Insurance Trust Fund and 9% allocated to the Federal Disability Insurance Trust Fund. | {"src": "billsum_train", "title": "Social Security Expansion Act"} | 3,079 | 215 | 0.546324 | 1.540241 | 0.764259 | 2.765625 | 13.875 | 0.880208 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Compensation Cost-of-
Living Adjustment Act of 1999''.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
SEC. 3. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 1999, increase the dollar amounts in effect
for the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under sections 1115(1) of such title.
(3) Clothing allowance.--The dollar amount in effect under
section 1162 of such title.
(4) New dic rates.--The dollar amounts in effect under
paragraphs (1) and (2) of section 1311(a) of such title.
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title.
(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b) of
such title.
(7) Additional dic for disability.--The dollar amounts in
effect under sections 1311(c) and 1311(d) of such title.
(8) DIC for dependent children.--The dollar amounts in
effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--(1) The increase under subsection
(a) shall be made in the dollar amounts specified in subsection (b) as
in effect on November 30, 1999.
(2) Except as provided in paragraph (3), each such amount shall be
increased by the same percentage as the percentage by which benefit
amounts payable under title II of the Social Security Act (42 U.S.C.
401 et seq.) are increased effective December 1, 1999, as a result of a
determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2) shall,
if not a whole dollar amount, be rounded down to the next lower whole
dollar amount.
(d) Special Rule.--The Secretary of Veterans Affairs may adjust
administratively, consistent with the increases made under subsection
(a), the rates of disability compensation payable to persons within the
purview of section 10 of Public Law 85-857 (72 Stat. 1263) who are not
in receipt of compensation payable pursuant to chapter 11 of title 38,
United States Code.
SEC. 4. PUBLICATION OF ADJUSTED RATES.
At the same time as the matters specified in section 215(i)(2)(D)
of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section 215(i) of
such Act during fiscal year 2000, the Secretary of Veterans Affairs
shall publish in the Federal Register the amounts specified in
subsection (b) of section 3, as increased pursuant to that section.
SEC. 5. DISABILITY COMPENSATION RATE AMENDMENTS.
Section 1114 is amended--
(1) by striking ``$95'' in subsection (a) and inserting
``$96'';
(2) by striking ``$182'' in subsection (b) and inserting
``$184'';
(3) by striking ``$279'' in subsection (c) and inserting
``$282'';
(4) by striking ``$399'' in subsection (d) and inserting
``$404'';
(5) by striking ``$569'' in subsection (e) and inserting
``$576'';
(6) by striking ``$717'' in subsection (f) and inserting
``$726'';
(7) by striking ``$905'' in subsection (g) and inserting
``$916'';
(8) by striking ``$1,049'' in subsection (h) and inserting
``$1,062'';
(9) by striking ``$1,181'' in subsection (i) and inserting
``$1,196'';
(10) by striking ``$1,964'' in subsection (j) and inserting
``$1,989'';
(11) by striking ``$2,443'' and ``$3,426'' in subsection
(k) and inserting ``$2,474'' and ``$3,470'', respectively;
(12) by striking ``$2,443'' in subsection (l) and inserting
``$2,474'';
(13) by striking ``$2,694'' in subsection (m) and inserting
``$2,729'';
(14) by striking ``$3,066'' in subsection (n) and inserting
``$3,105'';
(15) by striking ``$3,426'' each place it appears in
subsections (o) and (p) and inserting ``$3,470'';
(16) by striking ``$1,471'' and ``$2,190'' in subsection
(r) and inserting ``$1,490'' and ``$2,218'', respectively; and
(17) by striking ``$2,199'' in subsection (s) and inserting
``$2,227''.
SEC. 6. RATE AMENDMENTS FOR ADDITIONAL COMPENSATION FOR DEPENDENTS.
Section 1115(1) is amended--
(1) by striking ``$114'' in clause (A) and inserting
``$115'';
(2) by striking ``$195'' in clause (B) and inserting
``$197'';
(3) by striking ``$78'' in clause (C) and inserting
``$79'';
(4) by striking ``$92'' in clause (D) and inserting
``$93'';
(5) by striking ``$215'' in clause (E) and inserting
``$217''; and
(6) by striking ``$180'' in clause (F) and inserting
``$182''.
SEC. 7. RATE AMENDMENT FOR CLOTHING ALLOWANCE FOR CERTAIN DISABLED
VETERANS.
Section 1162 is amended by striking ``$528'' and inserting
``$534''.
SEC. 8. RATE AMENDMENTS FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR
SURVIVING SPOUSES.
(a) New Law Rates.--Section 1311(a) is amended--
(1) by striking ``$850'' in paragraph (1) and inserting
``$861''; and
(2) by striking ``$185'' in paragraph (2) and inserting
``$187''.
(b) Old Law Rates.--The table in section 1311(a)(3) is amended to
read as follows:
Monthly Monthly
``Pay grade rate Pay grade rate
E-1...................... $861 W-4........ $1,030
E-2...................... 861 O-1........ 909
E-3...................... 861 O-2........ 940
E-4...................... 861 O-3........ 1,004
E-5...................... 861 O-4........ 1,062
E-6...................... 861 O-5........ 1,170
E-7...................... 890 O-6........ 1,318
E-8...................... 940 O-7........ 1,424
E-9...................... \1\980 O-8........ 1,561
W-1...................... 909 O-9........ 1,672
W-2...................... 946 O-10....... \2\1,834
W-3...................... 974
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 1302 of
this title, the surviving spouse's rate shall be $1,057.
``\2\If the veteran served as Chairman or Vice Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 1302 of this title, the surviving spouse's rate
shall be $1,966.''.
(c) Additional DIC for Children.--Section 1311(b) is amended by
striking ``$215'' and inserting ``$217''.
(d) Aid and Attendance Allowance.--Section 1311(c) is amended by
striking ``$215'' and inserting ``$217''.
(e) Housebound Rate.--Section 1311(d) is amended by striking
``$104'' and inserting ``$105''.
SEC. 9. RATE AMENDMENTS FOR DEPENDENCY AND INDEMNITY COMPENSATION FOR
CHILDREN.
(a) DIC for Orphan Children.--Section 1313(a) is amended--
(1) by striking ``$361'' in paragraph (1) and inserting
``$365'';
(2) by striking ``$520'' in paragraph (2) and inserting
``$526'';
(3) by striking ``$675'' in paragraph (3) and inserting
``$683''; and
(4) by striking ``$675'' and ``$132'' in paragraph (4) and
inserting ``$683'' and ``$133'', respectively.
(b) Supplemental DIC for Disabled Adult Children.--Section 1314 is
amended--
(1) by striking ``$215'' in subsection (a) and inserting
``$217'';
(2) by striking ``$361'' in subsection (b) and inserting
``$365''; and
(3) by striking ``$182'' in subsection (c) and inserting
``$184''.
SEC. 10. EFFECTIVE DATE.
The amendments made by this Act shall take effect on November 30,
1999. | Veterans' Compensation Cost-of-Living Adjustment Act of 1999 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 1999, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children.
Requires each such increase to be the same percentage as the increase provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date, and to be published at the same time the latter increases are published.
Revises codified amounts to reflect the December 1, 1998, cost-of-living adjustment to the veterans' compensation rates. | {"src": "billsum_train", "title": "Veterans' Compensation Cost-of-Living Adjustment Act of 1999"} | 2,463 | 156 | 0.618296 | 1.783079 | 0.757262 | 2.582734 | 15.208633 | 0.928058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building a Stronger America Act''.
SEC. 2. DEVELOPMENT OF SCIENCE PARKS.
(a) Finding.--Section 2 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3701) is amended by adding at the end
the following:
``(12) It is in the best interests of the Nation to
encourage the formation of science parks to promote the
clustering of innovation through high technology activities.''.
(b) Definition.--Section 4 of such Act (15 U.S.C. 3703) is amended
by adding at the end the following:
``(14) `Business or industrial park' means a primarily for-
profit real estate venture of businesses or industries which do
not necessarily reinforce each other through supply chain or
technology transfer mechanisms.
``(15) `Science park'--
``(A) means a group of interrelated companies and
institutions, including suppliers, service providers,
institutions of higher education, start-up incubators,
and trade associations that--
``(i) cooperate and compete with each
other;
``(ii) are located in a specific area or
region that promotes real estate development,
technology transfer, and partnerships between
such companies and institutions;
``(B) includes a science park, research park,
technology park, research and development park,
research and technology park, and science and
technology park; and
``(C) does not include a business or industrial
park.
``(16) `Science park infrastructure' means facilities that
support the daily economic activity of a science park.''.
(c) Science Parks.--The Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3701 et seq.) is amended by adding at the end the
following:
``SEC. 24. SCIENCE PARKS.
``(a) Development of Plans for Construction of Science Parks.--
``(1) In general.--The Secretary shall award grants for the
development of feasibility studies and plans for the
construction of new or expansion of existing science parks.
``(2) Limitation on amount of grants.--The amount of a
grant awarded under this subsection may not exceed $750,000.
``(3) Award.--
``(A) Competition required.--The Secretary shall
award any grant under this subsection pursuant to a
full and open competition.
``(B) Geographic dispersion.--The Secretary is
encouraged to divide the grants awarded under this
subsection among low, medium, and high population
density States.
``(C) Advertising.--The Secretary shall advertise
any competition under this paragraph in the Commerce
Business Daily.
``(D) Selection criteria.--The Secretary shall
publish the criteria to be utilized in any competition
under this paragraph for the selection of recipients of
grants under this subsection, which shall include
requirements relating to--
``(i) the number of jobs to be created at
the science park each year during its first 5
years;
``(ii) the funding to be required to
construct or expand the science park during its
first 5 years;
``(iii) the amount and type of cost
matching by the applicant;
``(iv) the types of businesses and research
entities expected in the science park and
surrounding community;
``(v) letters of intent by businesses and
research entities to locate in the science
park;
``(vi) the expansion capacity of the
science park during a 25-year period;
``(vii) the quality of life at the science
park for employees at the science park;
``(viii) the capability to attract a well
trained workforce to the science park;
``(ix) the management of the science park;
``(x) expected risks in the construction
and operation of the science park;
``(xi) risk mitigation;
``(xii) transportation and logistics;
``(xiii) physical infrastructure, including
telecommunications; and
``(xiv) ability to collaborate with other
science parks throughout the world.
``(4) Authorization of appropriations.--There are
authorized to be appropriated $7,500,000 for each of the fiscal
years 2008 through 2012 to carry out this subsection.
``(b) Loan Guarantees for Science Park Infrastructure.--
``(1) In general.--The Secretary may guarantee up to 80
percent of the loan amount for loans exceeding $10,000,000 for
projects for the construction of science park infrastructure.
``(2) Limitations on guarantee amounts.--The maximum amount
of loan principal guaranteed under this subsection may not
exceed--
``(A) $50,000,000 with respect to any single
project; and
``(B) $500,000,000 with respect to all projects.
``(3) Selection of guarantee recipients.--The Secretary
shall select recipients of loan guarantees under this
subsection based upon the ability of the recipient to
collateralize the loan amount through bonds, equity, property,
and other such criteria as the Secretary shall prescribe.
Entities receiving a grant under subsection (a) are not
eligible for a loan guarantee during the period of such grant.
``(4) Terms and conditions for loan guarantees.--The loans
guaranteed under this subsection shall be subject to such terms
and conditions as the Secretary may prescribe, except that--
``(A) the final maturity of such loans made or
guaranteed may not exceed the lesser of--
``(i) 30 years and 32 days; or
``(ii) 90 percent of the useful life of any
physical asset to be financed by such loan;
``(B) a loan made or guaranteed under this
subsection may not be subordinated to another debt
contracted by the borrower or to any other claims
against the borrowers in the case of default;
``(C) a loan may not be guaranteed under this
subsection unless the Secretary determines that the
lender is responsible and that adequate provision is
made for servicing the loan on reasonable terms and
protecting the financial interest of the United States;
``(D) a loan may not be guaranteed under this
subsection if--
``(i) the income from such loan is excluded
from gross income for purposes of chapter 1 of
the Internal Revenue Code of 1986; or
``(ii) the guarantee provides significant
collateral or security, as determined by the
Secretary, for other obligations the income
from which is so excluded;
``(E) any guarantee provided under this subsection
shall be conclusive evidence that--
``(i) the guarantee has been properly
obtained;
``(ii) the underlying loan qualified for
such guarantee; and
``(iii) absent fraud or material
misrepresentation by the holder, the guarantee
is presumed to be valid, legal, and
enforceable;
``(F) the Secretary shall prescribe explicit
standards for use in periodically assessing the credit
risk of new and existing direct loans or guaranteed
loans;
``(G) the Secretary may not extend credit
assistance unless the Secretary has determined that
there is a reasonable assurance of repayment; and
``(H) new loan guarantees may not be committed
except to the extent that appropriations of budget
authority to cover their costs are made in advance, as
required under section 504 of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661c).
``(5) Payment of losses.--
``(A) In general.--If, as a result of a default by
a borrower under a loan guaranteed under this
subsection, after the holder has made such further
collection efforts and instituted such enforcement
proceedings as the Secretary may require, the Secretary
determines that the holder has suffered a loss, the
Secretary shall pay to such holder the percentage of
such loss specified in the guarantee contract. Upon
making any such payment, the Secretary shall be
subrogated to all the rights of the recipient of the
payment. The Secretary shall be entitled to recover
from the borrower the amount of any payments made
pursuant to any guarantee entered into under this
section.
``(B) Enforcement of rights.--The Attorney General
shall take such action as may be appropriate to enforce
any right accruing to the United States as a result of
the issuance of any guarantee under this section.
``(C) Forbearance.--Nothing in this section may be
construed to preclude any forbearance for the benefit
of the borrower which may be agreed upon by the parties
to the guaranteed loan and approved by the Secretary,
if budget authority for any resulting subsidy costs (as
defined under the Federal Credit Reform Act of 1990) is
available.
``(D) Management of property.--Notwithstanding any
other provision of law relating to the acquisition,
handling, or disposal of property by the United States,
the Secretary may complete, recondition, reconstruct,
renovate, repair, maintain, operate, or sell any
property acquired by the Secretary pursuant to the
provisions of this section.
``(6) Review.--The Comptroller General of the United States
shall, not later than 2 years after the date of the enactment
of this section--
``(A) conduct a review of the subsidy estimates for
the loan guarantees under this subsection; and
``(B) submit to Congress a report on the review
conducted under this paragraph.
``(7) Termination.--A loan may not be guaranteed under this
subsection after September 30, 2012.
``(8) Authorization of appropriations.--There are
authorized to be appropriated--
``(A) $35,000,000 for the cost, as defined in
section 502(5) of the Federal Credit Reform Act of
1990, of guaranteeing $500,000,000 of loans under this
subsection; and
``(B) $6,000,000 for administrative expenses for
fiscal year 2008, and such sums as are necessary for
administrative expenses in subsequent years.
``(c) National Academy of Sciences Evaluation.--
``(1) In general.--The Secretary shall enter into an
agreement with the National Academy of Sciences under which the
Academy shall evaluate, every 3 years, the activities under
this section.
``(2) Tri-annual report.--Under the agreement entered into
under paragraph (1), the Academy shall submit to the Secretary
a report on its evaluation of science park development under
that paragraph. Each report may include such recommendations as
the Academy considers appropriate for additional activities to
promote and facilitate the development of science parks in the
United States.
``(d) Tri-Annual Report.--Not later than March 31 of every third
year, the Secretary shall submit to Congress a report on the activities
under this section during the preceding 3 years, including any
recommendations made by the National Academy of Sciences under
subsection (c)(2) during such period. Each report may include such
recommendations for legislative or administrative action as the
Secretary considers appropriate to further promote and facilitate the
development of science parks in the United States.
``(e) Rulemaking.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall prescribe regulations to
carry out this section in accordance with Office of Management and
Budget Circular A-129, `Policies for Federal Credit Programs and Non-
Tax Receivables'.''.
SEC. 3. INTERNATIONAL PARTNERSHIP STUDY.
The Director of the National Science Foundation shall enter into an
arrangement with the National Academy of Sciences for a study of the
successes of international partnerships among governments, industry,
and academia in advancing the capabilities of science and technology in
conjunction with a corresponding increase in business opportunities.
Not later than 18 months after the date of enactment of this Act, the
Director shall transmit to the Congress a report on the results of such
study. | Building a Stronger America Act - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to direct the Secretary of Commerce to award grants for the development of feasibility studies and plans for the construction of new or expansion of existing science parks.
Allows the Secretary to guarantee up to 80% of the loan amount for loans exceeding $10 million for projects for the construction of such infrastructure.
Directs the Secretary to enter into an agreement with the National Academy of Sciences (NAS) under which NAS shall evaluate, every three years, such development.
Requires the Director of the National Science Foundation (NSF) to enter into an agreement with NAS to study the successes of international partnerships among governments, industry, and academia in advancing the capabilities of science and technology in conjunction with a corresponding increase in business opportunities. | {"src": "billsum_train", "title": "To provide grants and loan guarantees for the development and construction of science parks to promote the clustering of innovation through high technology activities."} | 2,534 | 172 | 0.562395 | 1.586672 | 0.889944 | 5.25 | 15.570513 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Award Program
Reauthorization Act of 2009''.
SEC. 2. CONGRESSIONAL AWARD PROGRAM.
(a) Implementation and Presentation.--Section 102 of the
Congressional Award Act (2 U.S.C. 802) is amended--
(1) in the matter following subsection (b)(5), by striking
``under paragraph (3)''; and
(2) in subsection (c), in the second sentence, by striking
``during'' and inserting ``in connection with''.
(b) Terms of Appointment and Reappointments.--Section 103 of the
Congressional Award Act (2 U.S.C. 803) is amended by striking
subsection (b) and inserting the following:
``(b) Terms of Appointed Members; Reappointment.--
``(1) Appointed members of the Board shall continue to serve at
the pleasure of the officer by whom they are appointed, and (unless
reappointed under paragraph (2)) shall serve for a term of 4 years.
``(2)(A) Subject to the limitations in subparagraph (B),
members of the Board may be reappointed, except that no member may
serve more than 2 full consecutive terms. Members may be
reappointed to 2 full consecutive terms after being appointed to
fill a vacancy on the Board.
``(B) Members of the Board shall not be subject to the
limitation on reappointment in subparagraph (A) during their period
of service as Chairman of the Board and may be reappointed to an
additional full term after termination of such Chairmanship.
``(3)(A) Notwithstanding paragraph (1) or (2), the term of each
member of the Board shall begin on October 1 of the even numbered
year which would otherwise apply with one-half of the Board
positions having terms which begin in each even numbered year.
``(B) Subparagraph (A) shall apply to appointments made to the
Board on or after the date of enactment of the Congressional Award
Program Reauthorization Act of 2009.''.
(c) Requirements Regarding Financial Operations.--Section 104(c) of
the Congressional Award Act (2 U.S.C. 804(c)) is amended--
(1) in paragraph (1), in the third sentence, by striking ``, in
any calendar year,'' and inserting ``in any fiscal year''; and
(2) by striking paragraph (2) and inserting the following:
``(2)(A) The Comptroller General of the United States shall
determine for each fiscal year whether the Director has
substantially complied with paragraph (1). The findings made by the
Comptroller General under the preceding sentence shall be included
in the reports submitted under section 107(b).
``(B) If the Director fails to substantially comply with
paragraph (1), the Board shall instruct the Director to take such
actions as may be necessary to correct such deficiencies, and shall
remove and replace the Director if such deficiencies are not
promptly corrected.''.
(d) Funding and Expenditures.--Section 106(a) of the Congressional
Award Act (2 U.S.C. 806(a)) is amended by striking paragraph (1) and
inserting the following:
``(1) the Board shall carry out its functions and make
expenditures with--
``(A) such resources as are available to the Board from
sources other than the Federal Government; and
``(B) funds awarded in any grant program administered by a
Federal agency in accordance with the law establishing that
grant program.''.
(e) Statewide Congressional Award Councils.--Section 106(c) of the
Congressional Award Act (2 U.S.C. 806(c)) is amended by striking
paragraph (4) and inserting the following:
``(4) Each Statewide Council established under this section may
receive contributions, and use such contributions for the purposes
of the Program. The Board shall adopt appropriate financial
management methods in order to ensure the proper accounting of
these funds. Each Statewide Council shall comply with subsections
(a), (d), (e), and (h) governing the Board.''.
(f) Contracting and Use of Funds for Scholarships.--Section 106 of
the Congressional Award Act (2 U.S.C. 806) is amended--
(1) in subsection (d), by inserting ``to be'' after
``expenditure is''; and
(2) in subsection (e)(1)(A), by inserting ``or for
scholarships'' after ``local program''.
(g) Nonprofit Corporation.--Section 106 of the Congressional Award
Act (2 U.S.C. 806) is amended by striking subsection (i) and inserting
the following:
``(i)(1) The Board shall provide for the incorporation of a
nonprofit corporation to be known as the Congressional Award Foundation
(together with any subsidiary nonprofit corporations determined
desirable by the Board, collectively referred to in this title as the
`Corporation') for the sole purpose of assisting the Board to carry out
the Congressional Award Program, and shall delegate to the Corporation
such duties as it considers appropriate, including the employment of
personnel, expenditure of funds, and the incurrence of financial or
other contractual obligations.
``(2) The articles of incorporation of the Congressional Award
Foundation shall provide that--
``(A) the members of the Board of Directors of the Foundation
shall be the members of the Board, with up to 24 additional voting
members appointed by the Board, and the Director who shall serve as
a nonvoting member; and
``(B) the extent of the authority of the Foundation shall be
the same as that of the Board.
``(3) No director, officer, or employee of any corporation
established under this subsection may receive compensation, travel
expenses, or benefits from both the Corporation and the Board.''.
(h) Termination.--
(1) In general.--Section 108 of the Congressional Award Act (2
U.S.C. 808) is amended by striking ``October 1, 2009'' and
inserting ``October 1, 2013''.
(2) Effective date.--This subsection shall take effect as of
October 1, 2009.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Congressional Award Program Reauthorization Act of 2009 - (Sec. 2) Amends the Congressional Award Act to revise requirements for appointment and reappointment of members of the Congressional Award Board, especially the limitation of service on the Board to two consecutive terms.
Exempts a member from the two-term limit during a period of service as Board Chairman. Permits reappointment of such individual to an additional full term after termination of such Chairmanship.
Requires a Board member's term to begin on October 1 of the even numbered year, with one-half of the Board positions having terms which begin in each even numbered year.
Changes from calendar to fiscal year the annual period for which the Director is required to ensure that the Board's liabilities do not exceed its assets.
Requires the Board, if the Comptroller General finds that the Director has not substantially complied with such duty, to: (1) instruct the Director to take such necessary actions to correct any deficiencies (as under current law); and (2) remove and replace the Director if they are not promptly corrected. Repeals the requirement that, upon a Director's failure to correct such deficiencies, the Board take necessary action to prepare for the orderly cessation of Board activities.
Allows the Board to accept funds to carry out its functions and make expenditures that are awarded in any grant program administered by a federal agency. (Currently the Board is prohibited from using federal resources.)
Repeals the limitation on contributions to Statewide Congressional Award Councils to public monetary and in-kind contributions for Program purposes (thus allowing private contributions as well).
Allows the donation of funds or other resources to restrict their use to scholarships.
Names the nonprofit corporation the Board is required to establish to assist it in carrying out the Program the Congressional Award Foundation. Repeals the requirement that the corporation be private. Treats the Foundation together with any subsidiary nonprofit corporations as the collective Corporation to which appropriate duties shall be delegated, including the employment of personnel, expenditure of funds, and the incurrence of financial or other contractual obligations.
Allows the Congressional Award Board (which as under current law shall be members of the Board of Directors of the Foundation) to appoint up to 24 additional voting members to the Foundation Board. Makes the Congressional Award Program Director serve as a nonvoting member of the Foundation Board.
Extends the Congressional Award Board until October 1, 2013. | {"src": "billsum_train", "title": "A bill to reauthorize the Congressional Award Act (2 U.S.C. 801 et seq.), and for other purposes."} | 1,406 | 530 | 0.598482 | 1.988236 | 0.738118 | 2.911447 | 2.75378 | 0.833693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Access Preservation Act
of 1998''.
SEC. 2. REVISION OF PER BENEFICIARY LIMIT.
(a) In General.--
(1) In general.--Section 1861(v)(1)(L) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)) (as amended by section
4602(c) of the Balanced Budget Act of 1997) is amended--
(A) by amending clause (v) to read as follows:
``(v) For services furnished by home health agencies for cost
reporting periods beginning on or after October 1, 1998, the Secretary
shall provide for an interim system of limits. Payment shall not exceed
the costs determined under the preceding provisions of this
subparagraph or, if lower, the product of--
``(I) the agency-specific per beneficiary annual limitation
(as determined under clause (viii)) (which is calculated based
50 percent on the national average of all payments under this
title for home health services per person served during
calendar year 1994 and 50 percent on the average of all
payments under this title for home health services per person
served in the agency's census division in calendar year 1994);
and
``(II) the agency's unduplicated census count of patients
(entitled to benefits under this title) for the cost reporting
period subject to the limitation.''; and
(B) by adding at the end the following:
``(viii) For purposes of clause (v)(I), the agency-specific per
beneficiary annual limitation is the following amount (adjusted by the
area wage index applicable under section 1886(d)(3)(E) and determined
in the manner described in clause (iii)):
``(I) For an agency located in the New England census
division (Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont), $4,019.50.
``(II) For an agency located in the Middle Atlantic census
division (New Jersey, New York, and Pennsylvania), $3,523.50.
``(III) For an agency located in the East North Central
census division (Illinois, Indiana, Michigan, Ohio, and
Wisconsin), $3,644.00.
``(IV) For an agency located in the West North Central
census division (Iowa, Kansas, Minnesota, Montana, Nebraska,
North Dakota, and South Dakota), $3,443.50.
``(V) For an agency located in the South Atlantic census
division (Delaware, the District of Columbia, Florida, Georgia,
Maryland, North Carolina, South Carolina, Virginia, and West
Virginia), $4,041.00.
``(VI) For an agency located in the East South Central
census division (Alabama, Kentucky, Mississippi, and
Tennessee), $4,672.50.
``(VII) For an agency located in the West South Central
census division (Arkansas, Louisiana, Oklahoma, and Texas),
$4,946.50.
``(VIII) For an agency located in the Mountain census
division (Arizona, Colorado, Idaho, Montana, Nevada, New
Mexico, Utah, and Wyoming), $4,033.00.
``(IX) For an agency located in the Pacific census division
(Alaska, California, Hawaii, Oregon, and Washington),
$3,939.00.''.
(2) Conforming amendments.--Section 1861(v)(1)(L)(vi) of
the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(vi)) (as
added by section 4602(c) of the Balanced Budget Act of 1997) is
amended--
(A) by striking ``For services'' and inserting ``In
the case of services''; and
(B) by striking ``the following rules apply''
through ``For beneficiaries'' and inserting ``for
beneficiaries''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1998.
SEC. 3. INCREASED PAYMENTS FOR HOME HEALTH AGENCIES THAT PROVIDE
SERVICES TO CERTAIN BENEFICIARIES.
(a) Estimate.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall estimate the amount of
savings (if any) to the Medicare Program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) resulting from the
provisions in this Act for each fiscal year beginning after fiscal year
1998 and before the first fiscal year in which the prospective payment
system for home health agencies (established by section 1895 of such
Act (42 U.S.C. 1395fff)) applies. Each such estimate shall be made not
later than the first day of the fiscal year, except that in the case of
fiscal year 1999, such estimate shall be made not later than the 30th
day after the date of enactment of this Act.
(b) Increased Payments.--
(1) In general.--If the Secretary estimates that there will
be savings to the Medicare Program pursuant to subsection (a)
in a fiscal year, the Secretary shall prescribe rules under
which the amount of payments to a home health agency otherwise
made for such year under the Medicare Program is increased by a
specific amount (determined by the Secretary in regulations)
for each beneficiary that has been a patient of such agency for
at least 120 consecutive days during such year. The total
amount of increased payments made under this section in a
fiscal year shall equal the estimated savings for such year.
(2) Determination of increased payment.--Not later than
October 1 of each year (beginning in 1998), the Secretary shall
establish the increased payment amount for purposes of
paragraph (1) that is applicable for the fiscal year beginning
on such date. In the case of fiscal year 1999, the Secretary
shall establish such increased payment amount by not later than
the 30th day after the date of enactment of this Act.
(c) Heightened Scrutiny of Certain Claims.--The Secretary shall
establish procedures to provide heightened scrutiny of claims for
reimbursement under the Medicare Program for items and services
provided to beneficiaries described in subsection (b)(1).
SEC. 4. INCREASE IN PER-VISIT COST LIMITS.
(a) In General.--Section 1861(v)(1)(L)(i)(IV) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)(i)(IV)) (as added by section
4602 of the Balanced Budget Act of 1997) is amended by striking ``105
percent'' and inserting ``108 percent''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 1998.
SEC. 5. UPDATE ON IMPLEMENTATION OF PROSPECTIVE PAYMENT SYSTEM FOR HOME
HEALTH AGENCIES.
Not later than 90 days after the date of enactment of this Act, and
every 90 days thereafter until the prospective payment system for home
health agencies (established by section 1895 of the Social Security Act
(42 U.S.C. 1395fff)) is implemented, the Secretary of Health and Human
Services shall meet with the staff of the appropriate committees of
Congress to provide an informal update regarding the progress of the
Secretary in implementing such payment system. | Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, in order to mandate a new interim system, as of October 1, 1998, with a revised formula and specific amounts for the agency-specific per beneficiary annual limitation, according to the census division in which an agency is located.
Directs the Secretary of Health and Human Services to: (1) estimate the amount of savings (if any) to Medicare resulting from this Act for each fiscal year beginning after FY 1998 and before the first fiscal year in which the prospective payment system (PPS) for home health agencies applies; (2) prescribe rules for increased payments to such an agency, if there will be estimated savings; and (3) establish procedures to provide heightened scrutiny of claims for reimbursement under Medicare for items and services provided to certain agency beneficiaries.
Amends SSA title XVIII to provide for a three percent increase in per visit cost limits for cost reporting periods beginning on or after October 1, 1997.
Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the PPS above. | {"src": "billsum_train", "title": "Home Health Access Preservation Act of 1998"} | 1,666 | 273 | 0.58981 | 1.759528 | 0.765322 | 3.480769 | 5.5 | 0.903846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DSHEA Full Implementation and
Enforcement Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 158,000,000 Americans regularly consume dietary
supplements to maintain and improve their health.
(2) Consumer expenditures on dietary supplements reached a
reported $17,100,000,000 in 2000, double the amount spent in
1994.
(3) According to a recent report issued by the Food and
Drug Administration (in this Act referred to as the ``FDA'')
the use of dietary supplements is likely to grow due to factors
such as the aging of the baby boom generation, increased
interest in self-sufficiency, and advances in science that are
uncovering new relationships between diet and disease.
(4) In 1994, the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417) (in this Act referred to as
``DSHEA'') was enacted. This Act balanced continued consumer
access to vitamins, minerals, and other dietary supplements,
increased scientific research on the benefits and risks of
dietary supplements, public education on dietary supplements,
and needed consumer protections.
(5) DSHEA requires that claims made on dietary supplement
labels, packaging, and accompanying material be truthful, non-
misleading, and substantiated. Manufacturers are prohibited
from making claims that products are intended to diagnose,
treat, mitigate, cure, or prevent a disease.
(6) DSHEA provides for good manufacturing practice
standards setting requirements for potency, purity, sanitary
conditions, and recordkeeping for dietary supplements.
(7) DSHEA requires that manufacturers submit adequate
information as to the safety of any new ingredients contained
in dietary supplements before those products can be sold.
(8) The FDA has updated and expanded its system for the
reporting, collection, and analysis of dietary supplement
adverse events reports.
(9) DSHEA provides the FDA with a number of authoritites to
remove unsafe dietary supplements from the marketplace.
(10) DSHEA created the Office of Dietary Supplements within
the National Institutes of Health to expand research and
consumer information about the health effects of dietary
supplements.
(11) The FDA has not adequately used its authority to
enforce DSHEA.
(12) The FDA needs adequate resources to appropriately
implement and enforce DSHEA. Congress has appropriated
additional funds over the last several years beyond those
requested in the President's budget to implement and enforce
DSHEA, reaching $9,700,000 in fiscal year 2003.
(13) However, according to the FDA, full implementation of
DSHEA would require substantial additional resources. The FDA
asserts that between $24,000,000 and $65,000,000 per year will
be needed to fully implement DSHEA.
SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)--
(1) $20,000,000 for fiscal year 2004;
(2) $30,000,000 for fiscal year 2005;
(3) $40,000,000 for fiscal year 2006;
(4) $50,000,000 for fiscal year 2007; and
(5) $65,000,000 for fiscal year 2008.
(b) Appropriation of Funds for Fiscal Year 2004.--There are
appropriated, out of any money in the Treasury not otherwise
appropriated, to carry out the Dietary Supplement Health and Education
Act of 1994 (Public Law 103-417), the amendments made by such Act, and
all applicable regulatory requirements for dietary supplements under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
$20,000,000 for fiscal year 2004.
(c) Office of Dietary Supplements.--There are authorized to be
appropriated and there are appropriated, out of any money in the
Treasury not otherwise appropriated, for expanded research and
development of consumer information on dietary supplements by the
Office of Dietary Supplements at the National Institutes of Health--
(1) $30,000,000 for fiscal year 2004; and
(2) such sums as may be necessary for each of the fiscal
years 2005 through 2008.
(d) Use of Funds.--The Food and Drug Administration shall fully and
appropriately use the funds appropriated in subsections (b) and (c) and
pursuant to subsection (a) to regulate dietary supplements.
SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY
SUPPLEMENTS.
(a) In General.--Not later than January 31, 2004, and annually
thereafter, the Secretary of Health and Human Services shall submit a
report to Congress on the implementation and enforcement of the Dietary
Supplement Health and Education Act of 1994 (Public Law 103-417).
(b) Contents.--The report under subsection (a) shall include the
following:
(1) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
dietary supplement regulation over the prior fiscal year.
(2) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
administering adverse event reporting systems as they relate to
dietary supplement regulation over the prior fiscal year.
(3) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to
enforcement of dietary supplement labeling and claims
requirements over the prior fiscal year and an explanation of
their activities.
(4) The total funding and number of full-time equivalent
personnel in the Food and Drug Administration dedicated to good
manufacturing practices inspections of dietary supplement
manufacturers over the prior fiscal year and an explanation of
their activities.
(5) The number of good manufacturing practices inspections
of dietary supplement manufacturers by the Food and Drug
Administration over the prior fiscal year and a summary of the
results.
(6) The number of new ingredient reviews and safety reviews
related to dietary supplements and the results of those
reviews.
(7) An explanation of all enforcement actions taken by the
Food and Drug Administration and the Department of Health and
Human Services related to dietary supplements over the prior
fiscal year, including the number and type of actions.
(8) The number of dietary supplement claims for which the
Food and Drug Administration requested substantiation from the
manufacturer over the prior fiscal year, and the agency's
response.
(9) The number of dietary supplement claims determined to
be false, misleading, or nonsubstantiated by the Food and Drug
Administration over the prior fiscal year.
(10) The research and consumer education activities
supported by the Office of Dietary Supplements of the National
Institutes of Health.
(11) Any recommendations for administrative or legislative
actions regarding the regulation of dietary supplements.
(12) Any other information regarding the regulation of
dietary supplements determined appropriate by the Secretary of
Health and Human Services or the Commissioner of Food and
Drugs. | DSHEA Full Implementation and Enforcement Act of 2003 - Authorizes appropriations for FY 2004 through 2008: (1) to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA) and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (FFDCA); and (2) for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements (ODS) at the National Institutes of Health (NIH). Makes appropriations: (1) for FY 2004, to carry out DSHEA and all applicable regulatory requirements for dietary supplements under FFDCA; and (2) for FY 2004 through 2008, for expanded research and development of consumer information on dietary supplements by ODS at NIH.
Requires the Food and Drug Administration to fully and appropriately use such funds to regulate dietary supplements.
Directs the Secretary of Health and Human Services to report annually to Congress on the implementation and enforcement of the DSHEA. | {"src": "billsum_train", "title": "A bill to ensure that the goals of the Dietary Supplement Health and Education Act of 1994 are met by authorizing appropriations to fully enforce and implement such Act and the amendments made by such Act, and for other purposes."} | 1,505 | 216 | 0.637696 | 1.781752 | 0.94915 | 4.826087 | 7.793478 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secret Service Authorization and
Technical Modification Act of 2005''.
SEC. 2. INTERFERENCE WITH NATIONAL SPECIAL SECURITY EVENTS.
(a) In General.--Section 1752 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) willfully and knowingly to enter or remain in any
posted, cordoned off, or otherwise restricted area of a
building or grounds where the President or other person
protected by the Secret Service is or will be temporarily
visiting;'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) willfully and knowingly to enter or remain in any
posted, cordoned off, or otherwise restricted area of a
building or grounds so restricted in conjunction with an event
designated as a special event of national significance;'';
(D) in paragraph (3), as redesignated by
subparagraph (B)--
(i) by inserting ``willfully, knowingly,
and'' before ``with intent to impede or
disrupt'';
(ii) by striking ``designated'' and
inserting ``described''; and
(iii) by inserting ``or (2)'' after
``paragraph (1)'';
(E) in paragraph (4), as redesignated by
subparagraph (B)--
(i) by striking ``designated or
enumerated'' and inserting ``described''; and
(ii) by inserting ``or (2)'' after
``paragraph (1)''; and
(F) in paragraph (5), as redesignated by
subparagraph (B)--
(i) by striking ``designated or
enumerated'' and inserting ``described''; and
(ii) by inserting ``or (2)'' after
``paragraph (1)'';
(2) by amending subsection (b) to read as follows:
``(b) Violation of this section, and attempts or conspiracies to
commit such violations, shall be punishable by--
``(1) a fine under this title or imprisonment for not more
than 10 years, or both, if the offense is committed while in
possession of a deadly or dangerous weapon, or results in
bodily injury; and
``(2) a fine under this title or imprisonment for not more
than one year, or both, in any other case.''; and
(3) by striking subsection (d) and redesignating
subsections (e) and (f) as subsections (d) and (e),
respectively.
(b) Clerical Amendment.--(1) The heading of such section is amended
to read as follows:
``Sec. 1752. Restricted building or grounds''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 84 of such title is amended to read as
follows:
``1752. Restricted building or grounds.''.
SEC. 3. FALSE CREDENTIALS TO NATIONAL SPECIAL SECURITY EVENTS.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(6), by inserting ``or a sponsoring
entity of an event designated as a special event of national
significance'' after ``States'';
(2) in subsection (c)(1), by inserting ``or a sponsoring
entity of an event designated as a special event of national
significance'' after ``States'';
(3) in subsection (d)(3), by inserting ``a sponsoring
entity of an event designated as a special event of national
significance,'' after ``political subdivision of a State,'';
and
(4) in each of subsections (d)(4)(B) and (d)(6)(B), by
inserting ``a sponsoring entity of an event designated by the
President as a special event of national significance,'' after
``political subdivision of a State,''.
SEC. 4. FORENSIC AND INVESTIGATIVE SUPPORT OF MISSING AND EXPLOITED
CHILDREN CASES.
Section 3056(f) of title 18, United States Code, is amended by
striking ``officers and agents of the Secret Service are'' and
inserting ``the Secret Service is''.
SEC. 5. TRANSFER OF THE UNIFORMED DIVISION, UNITED STATES SECRET
SERVICE.
(a) In General.--Chapter 203 of title 18, United States Code, is
amended by inserting after section 3056 the following:
``Sec. 3056A. Powers, authorities, and duties of United States Secret
Service Uniformed Division
``(a) There is hereby created and established a permanent police
force, to be known as the `United States Secret Service Uniformed
Division'. Subject to the supervision of the Secretary of Homeland
Security, the United States Secret Service Uniformed Division shall
perform such duties as the Director, United States Secret Service, may
prescribe in connection with the protection of the following:
``(1) The White House in the District of Columbia.
``(2) Any building in which Presidential offices are
located.
``(3) The Treasury Building and grounds.
``(4) The President, the Vice President (or other officer
next in the order of succession to the Office of President),
the President-elect, the Vice President-elect, and their
immediate families.
``(5) Foreign diplomatic missions located in the
metropolitan area of the District of Columbia.
``(6) The temporary official residence of the Vice
President and grounds in the District of Columbia.
``(7) Foreign diplomatic missions located in metropolitan
areas (other than the District of Columbia) in the United
States where there are located twenty or more such missions
headed by full-time officers, except that such protection shall
be provided only--
``(A) on the basis of extraordinary protective
need;
``(B) upon request of the affected metropolitan
area; and
``(C) when the extraordinary protective need arises
at or in association with a visit to--
``(i) a permanent mission to, or an
observer mission invited to participate in the
work of, an international organization of which
the United States is a member; or
``(ii) an international organization of
which the United States is a member;
except that such protection may also be provided for
motorcades and at other places associated with any such
visit and may be extended at places of temporary
domicile in connection with any such visit.
``(8) Foreign consular and diplomatic missions located in
such areas in the United States, its territories and
possessions, as the President, on a case-by-case basis, may
direct.
``(9) Visits of foreign government officials to
metropolitan areas (other than the District of Columbia) where
there are located twenty or more consular or diplomatic
missions staffed by accredited personnel, including protection
for motorcades and at other places associated with such visits
when such officials are in the United States to conduct
official business with the United States Government.
``(10) Former Presidents and their spouses, as provided in
section 3056(a)(3) of title 18.
``(11) An event designated under section 3056(e) of title
18 as a special event of national significance.
``(12) Major Presidential and Vice Presidential candidates
and, within 120 days of the general Presidential election, the
spouses of such candidates, as provided in section 3056(a)(7)
of title 18.
``(13) Visiting heads of foreign states or foreign
governments.
``(b)(1) Under the direction of the Director of the Secret Service,
members of the United States Secret Service Uniformed Division are
authorized to--
``(A) carry firearms;
``(B) make arrests without warrant for any offense against
the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to be
arrested has committed or is committing such felony; and
``(C) perform such other functions and duties as are
authorized by law.
``(2) Members of the United States Secret Service Uniformed
Division shall possess privileges and powers similar to those of the
members of the Metropolitan Police of the District of Columbia.
``(c) Members of the United States Secret Service Uniformed
Division shall be furnished with uniforms and other necessary
equipment.
``(d) In carrying out the functions pursuant to paragraphs (7) and
(9) of subsection (a), the Secretary of Homeland Security may utilize,
with their consent, on a reimbursable basis, the services, personnel,
equipment, and facilities of State and local governments, and is
authorized to reimburse such State and local governments for the
utilization of such services, personnel, equipment, and facilities. The
Secretary of Homeland Security may carry out the functions pursuant to
paragraphs (7) and (9) of subsection (a) by contract. The authority of
this subsection may be transferred by the President to the Secretary of
State. In carrying out any duty under paragraphs (7) and (9) of
subsection (a), the Secretary of State is authorized to utilize any
authority available to the Secretary under title II of the State
Department Basic Authorities Act of 1956.''.
(b) Amendment to Table of Sections.--The table of sections at the
beginning of chapter 203 of title 18, United States Code, is amended by
inserting after the item relating to section 3056 the following new
item:
``3056A. Powers, authorities, and duties of United States Secret
Service Uniformed Division.''.
(c) Conforming Repeal to Effectuate Transfer.--Chapter 3 of title
3, United States Code, is repealed.
(d) Conforming Amendments to Laws Affecting District of Columbia.--
(1) Section 1537(d) of title 31, United States Code, is amended--
(A) by striking ``and the Executive Protective Service''
and inserting ``and the Secret Service Uniformed Division'';
and
(B) by striking ``their protective duties'' and all that
follows and inserting ``their protective duties under sections
3056 and 3056A of title 18.''
(2) Section 204(e) of the State Department Basic Authorities Act
(sec. 6-1304(e), D.C. Official Code) is amended by striking ``section
202 of title 3, United States Code, or section 3056'' and inserting
``sections 3056 or 3056A''.
(3) Section 214(a) of the State Department Basic Authorities Act
(sec. 6-1313(a), D.C. Official Code) is amended by striking ``sections
202(8) and 208 of title 3'' and inserting ``section 3056A(a)(7) and (d)
of title 18''.
(e) Additional Conforming Amendments.--Title 12, United States
Code, section 3414, ``Special procedures'', is amended by striking ``3
U.S.C. 202'' in subsection (a)(1)(B) and inserting ``18 U.S.C. 3056A''.
(f) The State Department Basic Authorities Act of 1956 is amended--
(1) in the first sentence of section 37(c) (22 U.S.C.
2709(c)), by striking ``section 202 of title 3, United States
Code, or section 3056 of title 18, United States Code'' and
inserting ``section 3056 or 3056A of title 18, United States
Code'';
(2) in section 204(e) (22 U.S.C. 4304(e)), by striking
``section 202 of title 3, United States Code, or section 3056
of title 18, United States Code'' and inserting ``section 3056
or 3056A of title 18, United States Code''; and
(3) in section 214(a) (22 U.S.C. 4314(a)), by striking
``sections 202(7) and 208 of title 3, United States Code'' and
inserting ``subsections (a)(7) and (d) of section 3056A of
title 18, United States Code''.
(g) Section 8D(a)(1)(F) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``section 202 of title 3'' and
inserting ``section 3056A of title 18''.
(h) Section 8I(a)(1)(E) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by striking ``section 202 of title 3'' and
inserting ``section 3056A of title 18''.
SEC. 6. SAVINGS PROVISIONS.
(a) Retirement Benefits.--This Act does not affect the retirement
benefits of current employees or annuitants that existed on the day
before the effective date of this Act.
(b) Authority of Secretary of State.--This Act does not affect any
Executive Order transferring to the Secretary of State the authority of
section 208 of title 3 (now section 3056A(d) of title 18) in effect on
the day before the effective date of this Act.
SEC. 7. MAINTENANCE AS DISTINCT ENTITY.
Section 3056 of title 18, United States Code, is amended by adding
the following at the end of the section:
``(g) The United States Secret Service shall be maintained as a
distinct entity within the Department of Homeland Security and shall
not be merged with any other Department function. No personnel and
operational elements of the United States Secret Service shall report
to an individual other than the Director of the United States Secret
Service, who shall report directly to the Secretary of Homeland
Security without being required to report through any other official of
the Department.''.
SEC. 8. EXEMPTIONS FROM THE FEDERAL ADVISORY COMMITTEE ACT.
(a) Advisory Committee Regarding Protection of Major Presidential
and Vice Presidential Candidates.--Section 3056(a)(7) of title 18,
United States Code, is amended by inserting ``The committee shall not
be subject to the Federal Advisory Committee Act (5 U.S.C. App.).''
after ``other members of the Committee.''.
(b) Electronic Crimes Task Forces.--Section 105 of Public Law 107-
56 (18 U.S.C. 3056 note) is amended by inserting ``The electronic
crimes task forces shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).'' after ``financial payment systems.''. | Secret Service Authorization and Technical Modification Act of 2005 - Amends the federal criminal code to revise prohibitions on entering or remaining in areas the President or other person protected by the Secret Service is visiting. Prohibits willfully and knowingly entering or remaining in such an area that is restricted in conjunction with a special event of national significance, with intent to impede or disrupt business or access or to engage in violence. (Repeals provisions: (1) prohibiting willfully and knowingly entering or remaining, with such intent, in facilities designated by the Secretary of the Treasury as temporary residences and offices of the President, his staff, and other persons protected by the Secret Service; and (2) authorizing the Secretary to make such designations.) Specifies penalties for violations.
Revises prohibitions involving false or fraudulent identification documents to cover false documents that appear to represent a sponsoring entity of a special event of national significance.
Modifies the duties of the United States Secret Service Uniformed Division to include protection of: (1) any officer next in the order of succession to the Office of President after the Vice President, the President-elect, the Vice President-elect, and their immediate families; (2) former Presidents and their spouses; (3) a special event of national significance; (4) major presidential and vice presidential candidates and, within 120 days of the general presidential election, their spouses; and (5) visiting heads of foreign states or foreign governments. Specifies the authority of members of the Division to carry firearms and to make arrests without warrants for certain offenses.
Authorizes the Secretary of Homeland Security to carry out functions related to the protection of foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) where 20 or more such missions are located, and visits of foreign government officials to such areas, by contract or by using the services, personnel, equipment, and facilities of state and local governments on a reimbursable basis.
Requires the Secret Service to be maintained as a distinct entity within the Department of Homeland Security with its members reporting only to its Director. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, with respect to certain activities of the Secret Service, and for other purposes."} | 3,295 | 445 | 0.551716 | 1.623375 | 0.74053 | 4.002488 | 7.49005 | 0.883085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lovelace Respiratory Research
Institute Land Conveyance Act''.
SEC. 2. DEFINITION.
In this Act:
(1) Institute.--The term ``Institute'' means the Lovelace
Respiratory Research Institute, a nonprofit organization
chartered under the laws of the State of New Mexico.
(2) Map.--The term ``map'' means the map entitled
``Lovelace Respiratory Research Institute Land Conveyance'' and
dated March 18, 2008.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Energy, with respect to
matters concerning the Department of Energy;
(B) the Secretary of the Interior, with respect to
matters concerning the Department of the Interior; and
(C) the Secretary of the Air Force, with respect to
matters concerning the Department of the Air Force.
(4) Secretary of energy.--The term ``Secretary of Energy''
means the Secretary of Energy, acting through the Administrator
for the National Nuclear Security Administration.
SEC. 3. CONVEYANCE OF LAND.
(a) In General.--Notwithstanding section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) and subject to valid existing rights and
this Act, the Secretary of Energy, in consultation with the Secretary
of the Interior and the Secretary of the Air Force, may convey to the
Institute, on behalf of the United States, all right, title, and
interest of the United States in and to the parcel of land described in
subsection (b) for research, scientific, or educational use.
(b) Description of Land.--The parcel of land referred to in
subsection (a)--
(1) is the approximately 135 acres of land identified as
``Parcel A'' on the map;
(2) includes any improvements to the land described in
paragraph (1); and
(3) excludes any portion of the utility system and
infrastructure reserved by the Secretary of the Air Force under
subsection (d).
(c) Other Federal Agencies.--The Secretary of the Interior and the
Secretary of the Air Force shall complete any real property actions,
including the revocation of any Federal withdrawals of the parcel
conveyed under subsection (a) and the parcel described in section 4(a),
that are necessary to allow the Secretary of Energy to--
(1) convey the parcel under subsection (a); or
(2) transfer administrative jurisdiction under section 4.
(d) Reservation of Utility Infrastructure and Access.--The
Secretary of the Air Force may retain ownership and control of--
(1) any portions of the utility system and infrastructure
located on the parcel conveyed under subsection (a); and
(2) any rights of access determined to be necessary by the
Secretary of the Air Force to operate and maintain the
utilities on the parcel.
(e) Restrictions on Use.--
(1) Authorized uses.--The Institute shall allow only
research, scientific, or educational uses of the parcel
conveyed under subsection (a).
(2) Reversion.--
(A) In general.--If, at any time, the Secretary of
Energy, in consultation with the Secretary of the Air
Force, determines, in accordance with subparagraph (B),
that the parcel conveyed under subsection (a) is not
being used for a purpose described in paragraph (1)--
(i) all right, title, and interest in and
to the entire parcel, or any portion of the
parcel not being used for the purposes, shall
revert, at the option of the Secretary, to the
United States; and
(ii) the United States shall have the right
of immediate entry onto the parcel.
(B) Requirements for determination.--Any
determination of the Secretary under subparagraph (A)
shall be made on the record and after an opportunity
for a hearing.
(f) Costs.--
(1) In general.--The Secretary of Energy shall require the
Institute to pay, or reimburse the Secretary concerned, for any
costs incurred by the Secretary concerned in carrying out the
conveyance under subsection (a), including any survey costs
related to the conveyance.
(2) Refund.--If the Secretary concerned collects amounts
under paragraph (1) from the Institute before the Secretary
concerned incurs the actual costs, and the amount collected
exceeds the actual costs incurred by the Secretary concerned to
carry out the conveyance, the Secretary concerned shall refund
to the Institute an amount equal to difference between--
(A) the amount collected by the Secretary
concerned; and
(B) the actual costs incurred by the Secretary
concerned.
(3) Deposit in fund.--
(A) In general.--Amounts received by the United
States under this subsection as a reimbursement or
recovery of costs incurred by the Secretary concerned
to carry out the conveyance under subsection (a) shall
be deposited in the fund or account that was used to
cover the costs incurred by the Secretary concerned in
carrying out the conveyance.
(B) Use.--Any amounts deposited under subparagraph
(A) shall be available for the same purposes, and
subject to the same conditions and limitations, as any
other amounts in the fund or account.
(g) Contaminated Land.--In consideration for the conveyance of the
parcel under subsection (a), the Institute shall--
(1) take fee title to the parcel and any improvements to
the parcel, as contaminated;
(2) be responsible for undertaking and completing all
environmental remediation required at, in, under, from, or on
the parcel for all environmental conditions relating to or
arising from the release or threat of release of waste
material, substances, or constituents, in the same manner and
to the same extent as required by law applicable to privately
owned facilities, regardless of the date of the contamination
or the responsible party;
(3) indemnify the United States for--
(A) any environmental remediation or response costs
the United States reasonably incurs if the Institute
fails to remediate the parcel; or
(B) contamination at, in, under, from, or on the
land, for all environmental conditions relating to or
arising from the release or threat of release of waste
material, substances, or constituents;
(4) indemnify, defend, and hold harmless the United States
from any damages, costs, expenses, liabilities, fines,
penalties, claim, or demand for loss, including claims for
property damage, personal injury, or death resulting from
releases, discharges, emissions, spills, storage, disposal, or
any other acts or omissions by the Institute and any officers,
agents, employees, contractors, sublessees, licensees,
successors, assigns, or invitees of the Institute arising from
activities conducted on the parcel conveyed under subsection
(a); and
(5) reimburse the United States for all legal and attorney
fees, costs, and expenses incurred in association with the
defense of any claims described in paragraph (4).
(h) Contingent Environmental Response Obligations.--If the
Institute does not undertake or complete environmental remediation as
required by subsection (g) and the United States is required to assume
the responsibilities of the remediation, the Secretary of Energy shall
be responsible for conducting any necessary environmental remediation
or response actions with respect to the parcel conveyed under
subsection (a).
(i) No Additional Compensation.--Except as otherwise provided in
this Act, no additional consideration shall be required for conveyance
of the parcel to the Institute under subsection (a).
(j) Access and Utilities.--On conveyance of the parcel under
subsection (a), the Secretary of the Air Force shall, on behalf of the
United States and subject to any terms and conditions as the Secretary
determines to be necessary (including conditions providing for the
reimbursement of costs), provide the Institute with--
(1) access for employees and invitees of the Institute
across Kirtland Air Force Base to the parcel conveyed under
that subsection; and
(2) access to utility services for the land and any
improvements to the land conveyed under that subsection.
(k) Additional Term and Conditions.--The Secretary of Energy, in
consultation with the Secretary of the Interior and Secretary of the
Air Force, may require any additional terms and conditions for the
conveyance under subsection (a) that the Secretaries determine to be
appropriate to protect the interests of the United States.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) In General.--After the conveyance under section 3(a) has been
completed, the Secretary of Energy shall, on request of the Secretary
of the Air Force, transfer to the Secretary of the Air Force
administrative jurisdiction over the parcel of approximately 7 acres of
land identified as ``Parcel B'' on the map, including any improvements
to the parcel.
(b) Removal of Improvements.--In concurrence with the transfer
under subsection (a), the Secretary of Energy shall, on request of the
Secretary of the Air Force, arrange and pay for removal of any
improvements to the parcel transferred under that subsection. | Lovelace Respiratory Research Institute Land Conveyance Act - Directs the Secretary of Energy to convey specified land identified as Parcel A (including any improvements) to the Lovelace Respiratory Research Institute in New Mexico only for research, scientific, or educational use.
Requires the Secretaries of the Interior and Air Force to complete any real property actions, including the revocation of any federal withdrawals of Parcels A and B, that are necessary to allow the Secretary to convey Parcel A or to transfer administrative jurisdiction over Parcel B to the Secretary of the Air Force.
Authorizes the Secretary of the Air Force to retain ownership and control of: (1) portions of the utility system and infrastructure on Parcel A; and (2) rights of access determined to be necessary to operate and maintain the utilities on such parcel.
Requires the Institute to pay or reimburse costs incurred in the conveyance of Parcel A, including related survey costs.
Instructs the Institute to take fee title to Parcel A and any improvements, as contaminated. Makes the Institute responsible for completing all environmental remediation required with respect to such parcel for all environmental conditions related to or arising from contamination.
Directs the Secretary of the Air Force to provide the Institute with: (1) access for employees and invitees of the Institute across Kirtland Air Force Base to Parcel A; and (2) access to utility services for such parcel.
Requires the Secretary of Energy to arrange and pay for the removal of any improvements made to Parcel B. | {"src": "billsum_train", "title": "To authorize the conveyance of certain public land in the State of New Mexico owned or leased by the Department of Energy, and for other purposes."} | 1,938 | 322 | 0.669883 | 2.161544 | 0.81708 | 4.010563 | 6.528169 | 0.947183 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saffron Revolution Support Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Beginning on August 19, 2007, hundreds of thousands of
citizens of Burma, including thousands of Buddhist monks and
students, participated in peaceful demonstrations against
rapidly deteriorating living conditions and the violent and
repressive policies of the State Peace and Development Council
(SPDC), the ruling military junta in Burma, to--
(A) demand the release of all political prisoners,
including Nobel Peace Prize laureate Aung San Suu Kyi;
and
(B) urge the SPDC to engage in meaningful dialogue
to pursue national reconciliation.
(2) The SPDC, in a display of brutal barbarism, violently
confronted unarmed demonstrators, killing, injuring, and
imprisoning citizens, including several thousand Buddhist
monks, and continued to forcefully restrict peaceful forms of
public expression.
(3) The Department of State's 2006 Reports on Human Rights
Practices found that the SPDC--
(A) routinely restricts freedoms of speech, press,
assembly, association, religion, and movement;
(B) traffics in persons;
(C) discriminates against women and ethnic
minorities;
(D) forcibly recruits child soldiers and child
labor; and
(E) commits other serious violations of human
rights, including extrajudicial killings, custodial
deaths, disappearances, rape, torture, abuse of
prisoners and detainees, and the imprisonment of
citizens arbitrarily for political motives.
(4) Aung San Suu Kyi has been arbitrarily imprisoned or
held under house arrest for more than 12 years.
(5) The President announced on September 25, 2007, that the
United States would tighten economic sanctions against Burma,
and block property and interests in property of certain senior
leaders of the SPDC, individuals who provide financial backing
for the SPDC, and individuals responsible for violations of
human rights and for impeding the transition to democracy in
Burma.
(6) The President also announced on September 25, 2007,
that the United States would impose an expanded visa ban on
individuals--
(A) responsible for violations of human rights; and
(B) who aid, abet, or benefit from the SPDC's
efforts to impede the efforts of the people of Burma to
transition to democracy and ensure respect for human
dignity.
(7) The Total Oil Corporation of France and the Chevron
Corporation of the United States own a significant stake in
Burma's Yadana natural gas field and pipeline and generate
millions of dollars in revenue that help the repressive junta
government maintain its grasp on power.
(8) Burma is home to approximately 60 percent of the
world's native teak reserves. More than one quarter of the
world's internationally traded teak originates from Burma, and
hardwood sales, mainly of teak, represent more than 11 percent
of Burma's official foreign exchange earnings.
(9) Burma officially exports tens of millions of dollars
worth of rubies, sapphires, pearls, jade, and other precious
stones each year and the SPDC owns a majority stake in all
mining operations within the borders of Burma.
(10) On October 11, 2007, the United Nations Security
Council, with the consent of China, issued a statement
condemning the violence in Burma, urging the release of all
political prisoners, and calling on the SPDC to enter into a
United Nations-mediated dialogue with its political opposition.
(11) The leaders of the SPDC will have a greater incentive
to cooperate with diplomatic efforts by the United Nations, the
Association of Southeast Asian Nations, and China if they come
under targeted economic pressure that denies them access to
personal wealth and sources of revenue.
SEC. 3. DEFINITIONS.
In this Act:
(1) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent account'', and
``payable-through account'' have the meanings given the terms
in section 5318A(e)(1) of title 31, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives.
(3) Person.--The term ``person'' means--
(A) an individual, corporation, company, business
association, partnership, society, trust, any other
nongovernmental entity, organization, or group; and
(B) any successor, subunit, or subsidiary of any
person described in subparagraph (A).
(4) SPDC.--The term ``SPDC'' means the State Peace and
Development Council.
(5) United states person.--The term ``United States
person'' means--
(A) an individual who is a citizen of the United
States or who owes permanent allegiance to the United
States; and
(B) a person that is organized under the laws of
the United States, any State or territory thereof, or
the District of Columbia, if individuals described in
subparagraph (A) own, directly or indirectly, more than
50 percent of the outstanding capital stock or other
beneficial interest in such entity.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) condemn the continued repression carried out by the
SPDC;
(2) support the legitimate democratic aspirations of the
people of Burma;
(3) provide all appropriate support and assistance to aid a
transition to democracy in Burma; and
(4) hold accountable individuals responsible for the
repression of peaceful political activity in Burma.
SEC. 5. SANCTIONS.
(a) List of Officials of the SPDC.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of--
(A) officials of the SPDC who play or have played a
direct and substantial role in the repression of
peaceful political activity in Burma or in the
commission of other human rights abuses, including any
current or former officials of the security services
and judicial institutions of the SPDC; and
(B) any other Burmese persons who provide
substantial economic and political support for the
SPDC.
(2) Updates.--The President shall regularly update and
submit the list required by paragraph (1).
(b) Sanctions.--
(1) Visa ban.--A person included on the list required under
subsection (a) shall be ineligible for a visa to enter the
United States.
(2) Financial sanctions.--
(A) Blocked property.--No property or interest in
property belonging to a person described in
subparagraph (C) may be transferred, paid, exported,
withdrawn, or otherwise dealt with, if--
(i) the property is located in the United
States or within the possession or control of a
United States person, including the overseas
branch of a United States person; or
(ii) after the date of the enactment of
this Act, the property comes within the
possession or control of a United States
person.
(B) Financial transactions.--No United States
person may engage in a financial transaction with a
person described in subparagraph (C).
(C) Person described.--A person described in this
subparagraph is one of the following:
(i) The SPDC.
(ii) A person included on the list required
under subsection (a).
(iii) An immediate family member of a
person included on the list required under
subsection (a), if the President determines
that the person included on the list--
(I) for purposes of subparagraph
(A), effectively controls the property;
or
(II) for purposes of subparagraph
(B), would benefit from a financial
transaction.
(c) Authority for Additional Banking Sanctions.--
(1) In general.--The Secretary of the Treasury may, in
consultation with the Secretary of State, the Attorney General
of the United States, and the Chairman of the Board of
Governors of the Federal Reserve System, prohibit or impose
conditions on the opening or maintaining in the United States
of a correspondent account or payable-through account by any
financial institution (as that term is defined in section 5312
of title 31, United States Code) or financial agency that is
organized under the laws of a State, territory, or possession
of the United States, for or on behalf of a foreign banking
institution, if the Secretary determines that the account might
be used--
(A) by a foreign banking institution that holds
property or an interest in property belonging to a
person on the list required under subsection (a); or
(B) to conduct a transaction on behalf of a person
on the list required under subsection (a).
(2) Authority to define terms.--The Secretary of the
Treasury may, by regulation, further define the terms used in
paragraph (1) for purposes of this section, as the Secretary
deems appropriate.
(d) Termination of Sanctions.--The sanctions imposed under
subsection (b) or (c) shall apply until the President determines and
certifies to the appropriate congressional committees that the SPDC
has--
(1) unconditionally released all political prisoners,
including Aung San Suu Kyi and other members of the National
League for Democracy;
(2) entered into a substantive dialogue with democratic
forces led by the National League for Democracy and the ethnic
minorities of Burma on transitioning to democratic government
under the rule of law; and
(3) allowed humanitarian access to populations affected by
armed conflict in all regions of Burma.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 6. PROHIBITION ON IMPORTATION OF BURMESE GEMS, HARDWOODS, AND
OTHER ITEMS.
Section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003
(50 U.S.C. 1701 note) is amended by striking ``a product of Burma.''
and inserting ``produced, mined, manufactured, grown, or assembled in
Burma, including--
``(A) any gemstone or rough unfinished geological
material mined or extracted from Burma, whether
imported as a loose item or as a component of a
finished piece of jewelry; and
``(B) any teak or other hardwood timber, regardless
of the country in which such hardwood timber is milled,
sawn, or otherwise processed, whether imported in
unprocessed form or as a part or component of finished
furniture or another wood item.''.
SEC. 7. PROHIBITION ON INVESTMENT BY UNITED STATES PERSONS IN BURMA.
(a) In General.--Notwithstanding any other provision of law, no
United States person may invest in Burma.
(b) Applicability.--The prohibition on investment under subsection
(a) includes a prohibition on--
(1) investments in Burma based on investment agreements
reached prior to May 20, 1997;
(2) approval or other facilitation by a United States
person of an investment by a foreign person if the investment
would violate the prohibition in subsection (a) if made by a
United States person; and
(3) payments to the SPDC by a United States person related
to divesting assets in Burma to comply with subsection (a).
(c) Penalties.--The Secretary of the Treasury may impose a penalty
under section 206 of the International Emergency Economic Powers Act
(50 U.S.C. 1705) on a United States person that violates the
prohibition under subsection (a).
SEC. 8. GRANTS TO ESTABLISH DATABASE OF HUMAN RIGHTS ABUSES.
The Secretary of State may award grants to nongovernmental
organizations, universities, and other organizations to establish a
searchable Internet database that contains evidence of human rights
abuses carried out by the SPDC or persons associated with the SPDC.
SEC. 9. SUPPORT FOR DEMOCRACY IN BURMA.
(a) In General.--The President is authorized to use all available
resources to assist Burmese democracy activists who are dedicated to
nonviolent opposition to the SPDC in their efforts to promote freedom,
democracy, and human rights in Burma.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $20,000,000 to the Secretary of State for each of the
fiscal years 2008 and 2009 for the following purposes:
(1) Aid to democracy activists in Burma.
(2) Aid to individuals and groups conducting democracy
programming outside of Burma targeted at a transition to
democracy inside Burma.
(3) The expansion of radio and television broadcasting into
Burma.
(4) Support for individuals and groups compiling evidence
of--
(A) the SPDC's efforts to repress peaceful
political activity; and
(B) the commission of other human rights abuses by
the SPDC.
SEC. 10. SENSE OF CONGRESS ON USE OF INTELLIGENCE ASSETS.
It is the sense of Congress that the Director of National
Intelligence should utilize appropriate intelligence resources to
identify persons responsible for--
(1) the crackdown sponsored by the SPDC against peaceful
protestors that began August 19, 2007; and
(2) ongoing gross abuses of human rights against civilians
in Burma.
SEC. 11. REPORT ON MILITARY AID TO BURMA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report containing a list of
countries that provide military aid to Burma and describing the
military aid provided by each such country.
(b) Military Aid Defined.--For the purposes of this section, the
term ``military aid'' includes--
(1) the provision of weapons, military vehicles, and
military aircraft;
(2) the provision of military training; and
(3) conducting joint military exercises.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex. | Saffron Revolution Support Act of 2007 - States that it is U.S. policy to: (1) support the democratic aspirations of Burma's people; (2) condemn the repression carried out by the State Peace and Development Council (SPDC); and (3) hold accountable individuals responsible for the repression of peaceful political activity in Burma.
Directs the President to submit to the appropriate congressional committees a list of: (1) SPDC officials who play or have played a substantial role in political repression in Burma or in the commission of human rights abuses; and (2) other Burmese SPDC supporters.
Subjects persons so identified to U.S. entry prohibition and financial sanctions (blocked property, financial transaction prohibitions, and banking sanctions). Terminates such prohibitions upon a presidential certification to the committees that the SPDC has: (1) released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; (2) entered into a dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma.
Amends the the Burmese Freedom and Democracy Act of 2003 to prohibit the importation into the United States of Burmese gems, teak, or other hardwood timber.
Prohibits any U.S. person (as defined by this Act) from investing in Burma.
Authorizes: (1) the Secretary of State to award grants to nongovernmental organizations, universities, and other organizations to establish an Internet database of SPDC human rights abuses; and (2) the President to assist nonviolent democracy activists in their efforts to promote freedom, democracy, and human rights in Burma.
Directs the Secretary to report to the appropriate committees respecting countries that provide military aid to Burma. | {"src": "billsum_train", "title": "A bill to impose sanctions on officials of the State Peace and Development Council in Burma, to prohibit the importation of gems and hardwoods from Burma, to support democracy in Burma, and for other purposes."} | 3,138 | 410 | 0.645154 | 2.354521 | 0.73925 | 4.37037 | 8.108262 | 0.940171 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unredeemed U.S. Savings Bond Return
Act of 2006''.
SEC. 2. PROGRAM TO REUNITE BONDHOLDERS WITH MATURED UNREDEEMED FEDERAL
SAVINGS BONDS.
(a) Owner Location and Claims.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury shall
prescribe regulations providing that States may enter into
owner location and claims agreements with the Secretary for the
purposes of locating owners of specified unredeemed savings
bonds, identifying such owners to the Secretary, and processing
and verifying claims for the redemption of such savings bonds.
Such regulations shall provide 1 year (beginning with the date
of publication of such regulations) for the agency with
responsibility for administration of unclaimed property to
enter into an owner location and claims agreement with the
Secretary. If no such agreement is entered into during such
year, such agency or the chief executive of the State shall
have 6 months (beginning at the end of such 1-year period) to
enter into such an agreement with the Secretary. If, at the end
of such 6-month period, no agreement has been entered into, the
Secretary shall conduct owner location and claims processing
with respect to such State.
(2) Owner location and claims agreements.--Each owner
location and claims agreement shall be substantially the same
for each State and shall provide for the following with respect
to specified unredeemed savings bonds assigned for processing
to such State:
(A) Provision of records to states.--The Secretary
shall provide the State or its representative such
records with respect to such bonds as the Secretary
determines are necessary or appropriate to carry out
the purposes of this section.
(B) Written notification to bondholders of
record.--The State or its representative shall mail to
each owner of record of such a bond, with respect to
whom an address suitable for the delivery of mail is
determined under subsection (b), a written notification
regarding the existence of such bond and that such bond
is no longer earning interest.
(C) Additional notification efforts;
restrictions.--The State or its representative shall
make such additional efforts to locate the owners of
such bonds as the Secretary may provide. The Secretary
may provide for such restrictions on efforts utilized
to locate such owners as the Secretary determines
appropriate, including any restrictions on the use of
commercial locator services.
(D) Claims processing and verification.--The State
or its representative shall receive, process, and
verify claims for such bonds and shall transmit to the
Secretary verified claims.
(E) Reunification payments to states.--Subject to
the limitation of subsection (c)(4)(B), the Secretary
shall direct the Federal depositary referred to in
subsection (c) to pay the State a fee each month equal
to 25 percent of the amount paid under subsection
(c)(3) during the preceding month with respect to bonds
verified by such State. Any fee otherwise payable under
this subparagraph shall be reduced by the amount of any
payment made under subparagraph (F).
(F) Advance payment of state administrative
costs.--Subject to the limitation of subsection
(c)(4)(B), the Secretary shall, upon request from the
State, direct the Federal depositary referred to in
subsection (c) to pay the State such amount as the
Secretary determines reasonable for the estimated cost
of the State to carry out activities pursuant to this
subsection. The aggregate amount paid to the State
under this subparagraph may not exceed 5 percent of the
aggregate amount which would be paid from the
redemption account if all the specified unredeemed
savings bonds assigned to the State were redeemed.
(b) Examination of Bond Records; Establishment of Database.--Not
later than 90 days after the date of the enactment of this Act, the
Secretary shall enter into a cooperative agreement (within the meaning
of section 6305 of title 31, United States Code) with the State
coordinator which provides for the following with respect to the
specified unredeemed savings bonds:
(1) Access to bond records.--The Secretary shall provide
the State coordinator with full access to records related to
such bonds.
(2) Compilation of information.--The State coordinator
shall compile relevant information with respect to such bonds
and make the results of such compilation available to the
Secretary for the Secretary's review and concurrence.
(3) Assignment of bonds to states for processing.--The
State coordinator shall make a recommendation to the Secretary
regarding to which State each bond should be assigned for
processing under subsection (a). Such recommendation shall be
based on the registered owner's address of record as determined
in accordance with Government Auditing Standards for relevance,
competence, and sufficiency. The Secretary shall make the final
determination regarding the State to which each bond is
assigned for processing after taking into account the
recommendation of the State coordinator. Such determination by
the Secretary shall be conclusive and shall not be subject to
judicial review.
(4) Searchable database.--After the Secretary concurs with
the information compiled under paragraph (2), the State
coordinator shall establish a searchable database which
includes such information with respect to each bond and the
State to which each bond is assigned for processing. The State
coordinator shall update the information contained in such
database (including information indicating which bonds have
been redeemed) in such manner as the Secretary may provide.
(c) Agreement With Federal Depositary.--Not later than 90 days
after the date of the enactment of this Act, the Secretary shall enter
into an agreement with a Federal depositary which provides for the
following:
(1) Transfer of funds.--The Secretary shall transfer to the
Federal depositary the excess of--
(A) the aggregate amount payable upon redemption of
each specified unredeemed savings bond, over
(B) the amount of tax withheld under subsection (d)
with respect to such bond.
(2) Separate account; investment of funds.--The Federal
depositary shall establish and maintain a separate account (the
reunification account) which shall consist of amounts
transferred under paragraph (1) and any earnings thereon. The
Federal depositary shall invest amounts in such account in
accordance with such standards as may be specified by the
Secretary.
(3) Payments on redeemed bonds.--The Secretary shall notify
the Federal depositary of any redemption of a specified
unredeemed savings bond. The Federal depositary shall, promptly
after notification by the Secretary, make the appropriate
payment from the redemption account with respect to such
redemption as directed by the Secretary and notify the State
coordinator that such bond has been redeemed. The amount of any
payment under this paragraph with respect to the redemption of
any bond (determined without regard to this sentence) shall be
reduced by the amount of the tax withheld under subsection (d)
with respect to such bond.
(4) Use of earnings for administrative expenses, etc.--
(A) In general.--The Federal depositary shall make
the following payments as directed by the Secretary:
(i) Fees of federal depositary.--Payment of
reasonable fees of the Federal depositary for
services provided by the Federal depositary.
(ii) Expense of bond examination, etc.--
Payment to the State coordinator designated
under subsection (b) for reasonable costs in
carrying out such subsection.
(iii) Reunification payments to states.--
Payment of the administrative and reunification
payments described in subparagraphs (E) and (F)
of subsection (a)(2).
(iv) Administrative costs of treasury.--
Payment to the Secretary, not in excess of
$5,000,000 for any fiscal year, for the
administrative costs of the Department of the
Treasury in carrying out this Act.
(v) Account excess transferred to general
fund.--Payment to the general fund of the
Treasury of such amounts as the Secretary
determines, from time to time, are in excess of
those necessary to provide for the payments
from the reunification account which are
required under this Act (other than this
clause).
(B) Administrative costs limited to reunification
account earnings.--No payment may be made under
subparagraph (A) if such payment would result in the
balance of the reunification account being less than
the excess of--
(i) the aggregate amounts transferred under
paragraph (1), over
(ii) the aggregate payments made from such
account under paragraph (3).
(d) Withholding of Tax on Unclaimed Interest.--
(1) In general.--The Secretary shall deduct and withhold
from any amount transferred under subsection (c)(1) with
respect to any bond a tax in an amount equal to 33 percent of
the amount which, if such bond were redeemed, would constitute
interest.
(2) Treatment in same manner as wage withholding.--Except
as otherwise provided by the Secretary, for purposes of section
3403 and 3404 of the Internal Revenue Code of 1986 and for
purposes of so much of subtitle F of such Code (except section
7205 of such Code ) as relates to chapter 24 of such Code,
payments to any person under subsection (c)(3) with respect to
any bond subject to withholding under this subsection shall be
treated as if such payments were wages paid by an employer to
an employee.
(e) Report to Congress.--The Secretary shall annually report to the
Congress regarding the program established under this section. Such
report shall include a description of the actions taken under this
section and the amount and number of bonds redeemed pursuant to the
program during the preceding fiscal year. The report for fiscal year
2016 shall include the recommendations of the Secretary regarding the
steps which should be taken with respect to any specified unredeemed
savings bonds still outstanding and the balance of the reunification
account.
(f) Definitions.--For purposes of this section:
(1) Reunification account.--The term ``reunification
account'' means the account established under subsection
(c)(2).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(3) Specified unredeemed savings bonds.--The term
``specified unredeemed savings bond'' means each outstanding
series E bond, except that such bond shall not be treated as a
specified unredeemed savings bond until the later of--
(A) the end of the 1-year period beginning on the
date that such bond ceases to accrue interest, or
(B) the date of the enactment of this Act.
(4) State.--The term ``State'' includes the District of
Columbia and any territory or possession of the United States.
(5) State coordinator.--The term ``State coordinator''
means the eligible entity which is determined by the Secretary,
after consultation with the States, to be best suited to carry
out the activities described in subsection (b). For purposes of
the preceding sentence, the term ``eligible entity'' means any
State (including any representative of a State) or the National
Association of Unclaimed Property Administrators.
(g) Conforming Amendment.--Subsection (b) of section 1324 of title
31, United States Code, is amended by striking ``and'' at the end of
paragraph (1), by striking the period at the end of paragraph (2) and
inserting ``; and'', and by adding at the end the following new
paragraph:
``(3) refunds due from the credit provision of section
2(d)(2) of the Unredeemed U.S. Savings Bond Return Act of
2006.''. | Unredeemed U.S. Savings Bond Return Act of 2006 - Instructs the Secretary of the Treasury to prescribe regulations authorizing states to enter into owner location and claims agreements with the Secretary in order to: (1) locate owners of specified unredeemed savings bonds; (2) identify such owners; and (3) process and verify claims for the redemption of such savings bonds. | {"src": "billsum_train", "title": "To establish a program to reunite bondholders with matured unredeemed Federal savings bonds."} | 2,447 | 76 | 0.672201 | 1.766752 | 0.862664 | 4.014493 | 33.405797 | 0.942029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest USA Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
United States Direct Investment Administration established
under section 4.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Finance and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce and the Committee on Ways and Means of the House of
Representatives.
(3) Critical high-technology industries.--The term
``critical high-technology industries'' means industries
involved in technology--
(A) the development of which will--
(i) provide a wide array of economic,
environmental, energy, and defense-related
returns for the United States; and
(ii) ensure United States economic,
environmental, energy, and defense-related
welfare; and
(B) in which the United States has an abiding
interest in creating or maintaining secure domestic
sources.
(4) Department.--The term ``Department'' means the
Department of Commerce.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for United States Direct
Investment described in section 4(a).
(6) United states direct investment promotion committee.--
The term ``United States Direct Investment Promotion
Committee'' means the Interagency United States Direct
Investment Promotion Committee established under section 7.
(7) WTO agreement.--The term ``WTO Agreement'' means the
Agreement establishing the World Trade Organization entered
into on April 15, 1994.
SEC. 3. RELATION TO CFIUS.
The provisions of this Act shall not affect the implementation or
application of section 721 of the Defense Production Act of 1950 (50
U.S.C. App. 2170) and the activities of the Committee on Foreign
Investment in the United States (or any successor committee).
SEC. 4. ESTABLISHMENT OF UNITED STATES DIRECT INVESTMENT
ADMINISTRATION.
(a) In General.--There is established in the Department of Commerce
a United States Direct Investment Administration, which shall be headed
by an Under Secretary of Commerce for United States Direct Investment.
The Under Secretary shall be appointed by the President, by and with
the advice and consent of the Senate, and shall be compensated at the
rate of pay provided for a position at level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(b) Deputy Under Secretary.--There shall be in the Administration a
Deputy Under Secretary for United States Direct Investment, who shall
be appointed by the President, by and with the advice of the Senate,
and shall be compensated at the rate of pay provided for a position at
level IV of the Executive Schedule under section 5315 of title 5,
United States Code.
(c) Staff.--The Under Secretary may appoint such additional
personnel to serve in the Administration as the Under Secretary
determines necessary.
(d) Duties.--The Under Secretary, in cooperation with the Economics
and Statistics Administration and other offices at the Department,
shall--
(1) collect and analyze data related to the flow of direct
investment in the United States and throughout the world, as
described in section 5;
(2) submit to the appropriate congressional committees an
annual United States Direct Investment Report, as described in
section 6;
(3) develop and publish an annual United States Direct
Investment Agenda;
(4) assume responsibility as the lead agency for advocating
and implementing strategic policies that will increase direct
investment in the United States; and
(5) coordinate with the President regarding implementation
of section 721 of the Defense Production Act of 1950 (50 U.S.C.
App. 2170) and the activities of the Committee on Foreign
Investment in the United States (or any successor committee).
(e) Conforming Amendments.--
(1) Section 5314 of title 5, United States Code, is amended
by adding at the end the following: ``Under Secretary of
Commerce for United States Direct Investment.''.
(2) Section 5315 of title 5, United States Code, is amended
by adding at the end the following: ``Deputy Under Secretary of
Commerce for United States Direct Investment.''.
SEC. 5. ANNUAL DIRECT INVESTMENT REPORT.
(a) Annual Direct Investment Report.--Not later than October 1,
2008, and annually thereafter, the Under Secretary shall submit a
report on the data identified and the analysis described in subsection
(b) for the preceding calendar year (which shall be known as the
``Annual Direct Investment Report''). The Report shall be submitted to
the President and the appropriate congressional committees.
(b) Data Identification.--
(1) In general.--The data identified and analysis for the
Report described in subsection (a) means the data identified
and analyzed by the Under Secretary of Commerce, in cooperation
with the Economic and Statistics Administration and other
offices at the Department and with the assistance of other
departments and agencies, including the Office of the United
States Trade Representative, for the preceding calendar year
regarding the following:
(A) Policies, programs, and practices at the State
and regional level designed to attract direct
investment.
(B) The amount of direct investment attracted in
each such State and region.
(C) Policies, programs, and practices in foreign
countries designed to attract direct investment, and
the amount of direct investment attracted in each such
foreign country.
(D) A comparison of the levels of direct investment
attracted in the United States and in foreign
countries, including a matrix of inputs affecting the
level of direct investment.
(E) Specific sectors in the United States and in
foreign countries in which direct investments are being
made, including the specific amounts invested in each
sector, with particular emphasis on critical high-
technology industries.
(F) Trends in direct investment, with particular
emphasis on critical high-technology industries.
(G) The best policy and practices at the Federal,
State, and regional levels regarding direct investment
policy, with specific reference to programs and
policies that have the greatest potential to increase
direct investment in the United States and enhance
United States competitive advantage relative to foreign
countries. Particular emphasis should be given to
attracting direct investment in critical high-
technology industries.
(H) Policies, programs, and practices in foreign
countries designed to attract direct investment that
are not in compliance with the WTO Agreement and the
agreements annexed to that Agreement.
(2) Certain factors taken into account in making
analysis.--In making any analysis under paragraph (1), the
Under Secretary shall take into account--
(A) the relative impact of policies, programs, and
practices of foreign governments on United States
commerce;
(B) the availability of information to document the
effect of policies, programs, and practices;
(C) the extent to which such act, policy, or
practice is subject to international agreements to
which the United States is a party; and
(D) the impact trends in direct investment have had
on--
(i) the competitiveness of United States
industries in the international economy, with
particular emphasis on critical high-technology
industries;
(ii) the value of goods and services
exported from and imported to the United
States;
(iii) employment in the United States, in
particular high-wage employment; and
(iv) the provision of health care,
pensions, and other benefits provided by
companies based in the United States.
(c) Assistance of Other Agencies.--
(1) Furnishing of information.--The head of each department
or agency of the executive branch of the Government, including
any independent agency, is authorized and directed to furnish
to the Under Secretary, upon request, such data, reports, and
other information as is necessary for the Under Secretary to
carry out the functions under this Act.
(2) Restrictions on release or use of information.--Nothing
in this subsection shall authorize the release of information
to, or the use of information by, the Under Secretary in a
manner inconsistent with law or any procedure established
pursuant thereto.
(3) Personnel and services.--The head of any department,
agency, or instrumentality of the United States may detail such
personnel and may furnish such services, with or without
reimbursement, as the Under Secretary may request to assist in
carrying out the functions of the Under Secretary.
(d) Annual Revisions and Updates.--The Under Secretary shall
annually revise and update the Report described in subsection (a).
SEC. 6. ANNUAL DIRECT INVESTMENT AGENDA.
(a) In General.--Not later than October 1, 2008, and annually
thereafter, the Under Secretary shall submit an agenda based on the
data and analysis described in section 5 for the preceding calendar
year, to the President and the appropriate congressional committees.
The agenda shall be known as the ``Annual Direct Investment Agenda''
and shall include--
(1) an evaluation of the research and development program
expenditures being made in the United States with particular
emphasis to critical high-technology industries considered
essential to United States economic security and necessary for
long-term United States economic competitiveness in world
markets; and
(2) proposals that identify the policies, programs, and
practices in foreign countries and that the United States
should pursue that--
(A) encourage direct investment in the United
States that will enhance the country's competitive
advantage relative to foreign countries, with
particular emphasis on critical high-technology
industries;
(B) enhance the viability of the manufacturing
sector in the United States;
(C) increase opportunities for high-wage jobs and
promote high levels of employment;
(D) encourage economic growth; and
(E) increase opportunities for the provision of
health care, pensions, and other benefits provided by
companies based in the United States.
(b) Submission.--To the extent practical, the Under Secretary shall
submit the Annual Direct Investment Agenda concurrently with the Annual
Direct Investment Report.
(c) Consultation With Congress on Annual Direct Investment
Agenda.--The Under Secretary shall keep the appropriate congressional
committees currently informed with respect to the Annual Direct
Investment Agenda and implementation of the Agenda. After the
submission of the Agenda, the Under Secretary shall also consult
periodically with, and take into account the views of, the appropriate
congressional committees regarding implementation of the Agenda.
SEC. 7. UNITED STATES DIRECT INVESTMENT PROMOTION COMMITTEE.
(a) Establishment.--The President shall establish and the Under
Secretary shall assume lead responsibility for an Interagency United
States Direct Investment Promotion Committee. The functions of the
Committee shall be to--
(1) coordinate all United States Government activities
related to the promotion of direct investment in the United
States;
(2) advocate and implement strategic policies, programs,
and practices that will increase direct investment in the
United States;
(3) train United States Government officials to pursue
strategic policies, programs, and practices that will increase
direct investment in the United States;
(4) consult with business, labor, State, regional, and
local government officials on strategic policies, programs, and
practices that will increase direct investment in the United
States;
(5) develop and publish materials that can be used by
Federal, State, regional, and local government officials to
increase direct investment in the United States;
(6) create and maintain a database of direct investment
opportunities in the United States;
(7) create and maintain an interactive website that can be
used to access direct investment opportunities in different
sectors and geographical areas of the United States, with
particular emphasis on critical high-technology industries;
(8) coordinate direct investment marketing activities with
State Economic Development Agencies; and
(9) host regular meetings and discussions with State,
regional, and local economic development officials to consider
best policy practices to increase direct investment in the
United States.
(b) Members.--The Committee shall be composed of the following:
(1) The Secretary of Commerce.
(2) The United States Trade Representative.
(3) Members of the United States International Trade
Commission.
(4) The Secretary of the Treasury.
(5) Members of the National Economic Council.
(6) The Secretary of Agriculture.
(7) Such other officials as the President determines to be
necessary.
SEC. 8. DESIGNATION OF ADDITIONAL RENEWAL COMMUNITIES.
Section 1400E of the Internal Revenue Code of 1986 (relating to
designation of renewal communities) is amended by adding at the end the
following new subsection:
``(h) Additional Designations Permitted.--
``(1) In general.--In addition to the areas designated
under subsection (a), the Under Secretary of Commerce for
United States Direct Investment, after consultation with the
Secretary of the Treasury, may designate in the aggregate an
additional 10 nominated areas as renewal communities under this
section, subject to the availability of eligible nominated
areas.
``(2) Period designations may be made and take effect.--A
designation may be made under this subsection after the date of
the enactment of this subsection and before the date which is 5
years after such date of enactment. Subject to subparagraphs
(B) and (C) of subsection (b)(1), a designation made under this
subsection shall remain in effect during the period beginning
with such designation and ending on the date which is 8 years
after such designation.
``(3) Application of rules.--Except as otherwise provided
in paragraph (1), the rules of this section shall apply to
designations under this subsection.''. | Invest USA Act of 2007 - Establishes in the Department of Commerce a United States Direct Investment Administration, headed by an Under Secretary of Commerce for United States Direct Investment.
Requires the Under Secretary to collect, analyze, and report annually to the President and the appropriate congressional committees: (1) on specified data about direct investment in each state and region; and (2) an agenda based on such data and analysis.
Requires the President to establish, and the Under Secretary to assume lead responsibility for, an Interagency United States Direct Investment Promotion Committee.
Amends the Internal Revenue Code (relating to designation of renewal communities) to authorize the Under Secretary to designate an additional 10 nominated areas as renewal communities. | {"src": "billsum_train", "title": "A bill to establish in the Department of Commerce an Under Secretary for United States Direct Investment, and for other purposes."} | 2,816 | 152 | 0.496815 | 1.333963 | 0.720408 | 4.434783 | 20.376812 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation for Tomorrow's Workforce
Act''.
SEC. 2. INNOVATION FUND.
Section 114 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2324) is amended--
(1) in subsection (d), by adding at the end the following:
``(6) Innovation.--
``(A) Grant program.--To identify and support
innovative strategies and activities to improve career
and technical education and align workforce skills with
labor market needs, the Secretary may award grants, by
using early-phase, mid-phase, and expansion grants, to
eligible entities to--
``(i) create, develop, implement, or take
to scale evidence-based, field-initiated
innovations, including through a pay for
success initiative to improve student outcomes
in career and technical education, which may
include activities that--
``(I) improve career and technical
education outcomes of students served
by eligible entities under this title;
``(II) improve career and technical
education teacher effectiveness;
``(III) improve the transition of
students from secondary education to
postsecondary education,
apprenticeships, or employment;
``(IV) improve the incorporation of
comprehensive work-based learning into
career and technical education;
``(V) increase the effective use of
technology within career and technical
education programs;
``(VI) support new models for
integrating academic content, career
and technical education, and pre-
apprenticeship and apprenticeship
content in such programs;
``(VII) support the development and
enhancement of innovative delivery
models for career and technical
education;
``(VIII) work with industry to
design and implement courses or
programs of study aligned to labor
market needs in new or emerging fields;
``(IX) integrate science,
technology, engineering, and
mathematics fields, including computer
science education, with career and
technical education;
``(X) support innovative approaches
to career and technical education by
redesigning the high school experience
for students, which may include
evidence-based transitional support
strategies for students who have not
met postsecondary education eligibility
requirements;
``(XI) improve career and technical
education concentrator employment
outcomes in nontraditional fields; or
``(XII) support the use of career
and technical education programs and
career and technical programs of study
in a coordinated strategy to address
identified employer needs and workforce
shortages, such as shortages in the
early childhood, elementary school, and
secondary school education workforce;
and
``(ii) rigorously evaluate such
innovations.
``(B) Matching funds.--
``(i) Matching funds required.--Except as
provided under clause (ii), to receive a grant
under this paragraph, an eligible entity shall
demonstrate that matching funds will be
provided, through cash or in-kind
contributions, from public or private sources
in an amount equal to not less than 25 percent
of the funds provided under such grant.
``(ii) Exception.--The Secretary may waive
the matching fund requirement under clause (i)
if the eligible entity demonstrates exceptional
circumstances.
``(C) Application.--To receive a grant under this
paragraph, an eligible entity shall submit to the
Secretary, at such time as the Secretary may require,
an application that--
``(i) identifies and designates the agency,
institution, or school responsible for the
administration and supervision of the program
assisted under this paragraph;
``(ii) provides an assurance that matching
funds will be obtained before implementation of
the grant;
``(iii) describes how the eligible entity
will use the grant funds, including how such
funds will directly benefit students, including
special populations, served by the eligible
entity; and
``(iv) describes how the program assisted
under this paragraph will be coordinated with
the activities carried out under section 124 or
135.
``(D) Priority.--In awarding grants under this
paragraph, the Secretary shall give priority to
applications from eligible entities that will
predominantly serve students from low-income families.
``(E) Geographic diversity.--In awarding grants
under this paragraph for a fiscal year, the Secretary
shall award not less than 25 percent of the total
amount of funds available for such fiscal year to
eligible entities proposing to fund career and
technical education activities that serve--
``(i) a local educational agency with an
urban-centric district locale code of 32, 33,
41, 42, or 43, as determined by the Secretary;
``(ii) an institution of higher education
primarily serving one or more areas served by
such a local educational agency;
``(iii) a consortium of such local
educational agencies or such institutions of
higher education;
``(iv) a partnership between--
``(I) an educational service agency
or a nonprofit organization; and
``(II) such a local educational
agency or such an institution of higher
education; or
``(v) a partnership between--
``(I) a grant recipient described
in clause (i) or (ii); and
``(II) a State educational agency.
``(F) Uses of funds.--An eligible entity that is
awarded a grant under this paragraph shall use the
grant funds in a manner consistent with subparagraph
(A)(i).
``(G) Evaluation.--Each eligible entity receiving a
grant under this paragraph shall--
``(i) provide for an independent evaluation
of the activities carried out using such grant;
and
``(ii) submit to the Secretary an annual
report that includes--
``(I) a description of how funds
received under this paragraph were
used;
``(II) the performance of the
eligible entity with respect to, at a
minimum, the performance indicators
described in section 113(a)(2), as
applicable, and disaggregated by--
``(aa) subgroups of
students described in section
1111(c)(2)(B) of the Elementary
and Secondary Education Act of
1965 (20 U.S.C. 6311(c)(2)(B)),
as amended by the Every Student
Succeeds Act (Public Law 114-
95);
``(bb) special populations;
and
``(cc) as appropriate, each
career and technical education
program and career and
technical education program of
study; and
``(III) a quantitative analysis of
the effectiveness of the project
carried out under this paragraph.
``(H) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means a consortium that meets the
following requirements:
``(I) The consortium includes one
or more of the following:
``(aa) A local educational
agency.
``(bb) An educational
service agency.
``(cc) An area career and
technical education school.
``(dd) A postsecondary
educational institution
receiving funds under this Act.
``(ee) A State educational
agency.
``(ff) The Bureau of Indian
Education.
``(gg) A State
apprenticeship agency or
apprenticeship sponsor.
``(II) The consortium may also
include regional, State, or local
public or private organizations or
employers, including community-based
organizations.
``(III) The consortium is led by an
entity, or partnership of entities,
described in subclause (I) and
identified as the leader of the
eligible entity in its application
submitted under subparagraph (C).
``(ii) Pay for success initiative.--The
term `pay for success initiative' has the
meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(I) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be
necessary to carry out this paragraph.''; and
(2) in subsection (e), by inserting ``(except for
subsection (d)(6))'' after ``section''.
SEC. 3. OPEN EDUCATION RESOURCES.
(a) State Leadership Activities.--Section 124(c) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c))
is amended--
(1) in paragraph (16)(B), by striking ``and'';
(2) in paragraph (17), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(18) making all forms of instructional content widely
available, which may include use of open educational
resources;''.
(b) Local Uses of Funds.--Section 135(c) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2355) is
amended--
(1) in paragraph (19)(D), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (20) as paragraph (22); and
(3) by inserting after paragraph (19) the following:
``(20) to make all forms of instructional content widely
available, which may include use of open educational
resources;''.
SEC. 4. PAY-FOR-SUCCESS.
(a) State Leadership Activities.--Section 124(c) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)),
as amended by section 3, is further amended by adding at the end the
following:
``(19) supporting pay for success initiatives (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965); and''.
(b) Local Uses of Funds.--Section 135(c) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2355(c)), as
amended by section 3, is further amended by inserting after paragraph
(20) the following:
``(21) to support pay for success initiatives (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965); and''.
SEC. 5. WORK-BASED LEARNING OPPORTUNITIES AND APPRENTICESHIPS.
(a) State Leadership Activities.--Section 124(c) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)),
as amended by sections 3 and 4, is further amended by adding at the end
the following:
``(20) providing or supporting work-based learning
opportunities, which may include employer-led training
resulting in a recognized credential and apprenticeship
programs.''.
(b) Local Uses of Funds.--Section 135(b)(3) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2355(b)(3)) is
amended by striking ``which may include work-based learning
experiences'' and inserting ``which may include work-based learning
opportunities, such as employer-led training resulting in a recognized
credential and apprenticeship programs''. | Innovation for Tomorrow's Workforce Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to authorize the Department of Education to award early-phase, mid-phase, or expansion grants to eligible entities, including local educational agencies and area career and technical education (CTE) schools, to: create, develop, implement, or take to scale evidence-based, field initiated innovations, including through a pay for success initiative to improve CTE student outcomes; and evaluate such innovations rigorously. Funding under the Act may be used by eligible agencies for state leadership activities and by eligible recipients for local uses to support CTE programs to: make all forms of instructional content widely available, which may include the use of open educational resources; and support pay for success initiatives. Funding under the Act may also be used by eligible agencies for state leadership activities to provide or support work-based learning opportunities for students, which may include employer-led training resulting in recognized credential and apprenticeship programs for such students. Funds received for local use shall be used for such activities. | {"src": "billsum_train", "title": "Innovation for Tomorrow's Workforce Act"} | 2,431 | 223 | 0.680242 | 1.92706 | 0.987 | 3.386792 | 10.877358 | 0.924528 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Organ Procurement Organization
Certification Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Organ procurement organizations play an important role
in the effort to increase organ donation in the United States.
(2) The current process for certification and
recertification of organ procurement organizations conducted by
the Department of Health and Human Services has created a level
of uncertainty that is interfering with organ procurement
organization effectiveness in raising the level of organ
donation.
(3) The General Accounting Office, the Institute of
Medicine, and the Harvard School of Public Health have
identified substantial limitations in the organ procurement
organization certification and recertification process and have
recommended changes in that process.
(4) The limitations in the recertification process
include--
(A) an exclusive reliance on population-based
measures of performance that do not account for the
potential in the population for organ donation and do
not permit consideration of other outcome and process
standards that would more accurately reflect the
relative capability and performance of each organ
procurement organization;
(B) an immediate decertification of organ
procurement organizations solely on the basis of the
performance measures, without an appropriate
opportunity to file and a grace period to pursue a
corrective action plan; and
(C) a lack of due process to appeal to the
Secretary of Health and Human Services for
recertification on either substantive or procedural
grounds.
(5) The Secretary of Health and Human Services has the
authority under section 1138(b)(1)(A)(ii) of the Social
Security Act to extend the period for recertification of an
organ procurement organization from 2 to 4 years on the basis
of its past practices in order to avoid the inappropriate
disruption of the Nation's organ system.
(6) The Secretary of Health and Human Services can use the
extended period for recertification of all organ procurement
organizations to--
(A) develop improved performance measures that
would reflect organ donor potential and interim
outcomes, and to test these measures to ensure that
they accurately measure performance differences among
the organ procurement organizations; and
(B) improve the overall certification process by
incorporating process as well as outcome performance
measures, and developing equitable processes for
corrective action plans and appeals.
SEC. 3. CERTIFICATION AND RECERTIFICATION OF ORGAN PROCUREMENT
ORGANIZATIONS.
(a) In General.--Section 1138(b) of the Social Security Act (42
U.S.C. 1320b-8(b)) is amended--
(1) in paragraph (1)(A)(ii) by striking ``within the
previous 2 years (4 years if the Secretary determines
appropriate for an organization on the basis of its past
practices) as meeting the standards to be a qualified organ
procurement organization (as so described);'' and inserting
``under paragraph (2) within the previous 4 years;'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Not later than January 1, 2002, the Secretary shall set forth
in regulations the process and performance standards by which an
organization shall be certified or recertified as a qualified organ
procurement organization consistent with the following:
``(A) Certification or recertification of such an
organization shall be made not more frequently than once every
4 years.
``(B) Performance standards applicable for certification or
recertification of an organization shall use--
``(i) outcome and process performance measures that
are based on empirical evidence of organ donor
potential and other related factors in each service
area of qualified organ procurement organizations, and
``(ii) multiple outcome measures, which may or may
not be based on empirical evidence.
``(C)(i) In the case of a certified qualified organ
procurement organization that the Secretary determines does not
meet the performance standards for recertification, the
organization may submit to the Secretary a corrective action
plan.
``(ii) If the Secretary approves the corrective action plan
submitted under clause (i), the Secretary shall provide for an
additional 3-year period during which such organization shall
implement the corrective action plan. An organization
implementing a corrective action plan shall be treated as being
certified by the Secretary during such 3-year period.
The Secretary shall develop and implement appropriate procedures for an
organization to appeal a decision of the Secretary to deny
certification or recertification of an organization under this
paragraph.''.
(b) Transition Rule.--In the case of an organization that on
January 1, 2000, has in effect a certification or recertification by
the Secretary of Health and Human Services as a qualified organ
procurement organization under section 1138(b)(1)(A)(ii) of the Social
Security Act (42 U.S.C. 1320b-8(b)(1)(A)(ii)), such certification or
recertification shall remain in effect until the earlier of January 1,
2002, or the date on which the Secretary publishes a final rule
implementing the provisions of 1138(b)(2), as added by subsection (a)
of this Act. | Requires the Secretary of Health and Human Services to set forth in regulations the process and performance standards by which an organization shall be so certified or recertified consistent with the following: (1) certification or recertification shall be made no more frequently than once every four years; (2) performance standards shall use outcome and process measures that are based on empirical evidence of organ donor potential and other related factors in each service area of qualified organ procurement organizations and multiple outcome measures, which may or may not be based on empirical evidence.
Authorizes a certified qualified organ procurement organization that does not meet such performance standards to submit a corrective action plan to the Secretary. Provides an additional three-year period for an organization to implement an approved plan and treats such organization as certified during such period.
Requires the Secretary to implement procedures for appeals of decisions to deny certification or recertification. | {"src": "billsum_train", "title": "Organ Procurement Organization Certification Act of 2000"} | 1,102 | 187 | 0.588915 | 1.695027 | 0.826251 | 4.154762 | 6.172619 | 0.940476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Archives 75th Anniversary
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The year 2010 commemorates the 75th Anniversary of the
opening of the National Archives Building, which houses the
Declaration of Independence, the Constitution, and the Bill of
Rights (known collectively as the Charters of Freedom).
(2) The National Archives and Records Administration has,
over the course of its history, established itself as public
trust on which our democracy depends and has proven itself to
be a vital and invaluable resource within the Federal
Government.
(3) The National Archives and Records Administration has
expanded its role as the nation's recordkeeper and raised its
public profile as democracy's beacon.
(4) The National Archives and Records Administration serves
American democracy by ensuring that the people can discover,
use, and trust the records of our government.
(5) The National Archives and Records Administration
fulfills this role by--
(A) preserving for the American people and their
public servants the records of our Federal Government;
(B) ensuring continuing access to the essential
documentation of the rights of American citizens and
the actions of their Government; and
(C) promoting democracy, civic education, and
historical understanding of our national experience.
(6) In 1935, the National Archives Building was opened on
the Washington Mall, featuring a grand rotunda designed for the
display of the Declaration of Independence, the Constitution,
and the Bill of Rights.
SEC. 3. COIN SPECIFICATIONS.
(a) In General.--The Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall mint and issue such number
of $1 coins as the Secretary may determine to be appropriate, in the
quantities described in section 4, 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 AND QUANTITIES OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the National Archives Building and
shall honor the National Archives and Records Administration as
a public trust on which our democracy depends and of the
Charters of Freedom that the Administration enshrines for
posterity.
(2) Obverse.--The obverse of the coins minted under this
Act shall be representative of the 75th Anniversary of the
National Archives Building.
(3) Reverse.--
(A) Declaration of independence.--Not more than
350,000 of the $1 coins minted under this Act shall
feature an image of the Declaration of Independence.
(B) United states constitution.--Not more than
350,000 of the $1 coins minted under this Act shall
feature an image of the Constitution of the United
States.
(C) Bill of rights.--Not more than 350,000 of the
$1 coins minted under this Act shall feature an image
of the Bill of Rights.
(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 ``2010''; 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 the Foundation for the National
Archives; 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) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2010, and
ending on December 31, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Promotion Consultation.--The Secretary shall--
(1) consult with the National Archives and Records
Administration to determine the feasibility of providing a role
for the National Archives and Records Administration in the
promotion, advertising, and marketing of the coins minted under
this Act; and
(2) if the Secretary determines that such action would be
beneficial to the sale of coins minted under this Act, enter
into a memorandum of agreement with the National Archives and
Records Administration to carry out the role established under
paragraph (1).
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 received by the Secretary from the sale of
coins issued under this Act shall be paid by the Secretary to, and
divided equally between, the Foundation for the National Archives and
the National Archives and Records Administration Trust Fund to be used
for the purpose of supporting public programs, educational outreach
activities, and archival programs of the National Archives and Records
Administration.
(c) Audits.--The Foundation for the National Archives and the
National Archives and Records Administration Trust Fund 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 Fund
under subsection (b). | National Archives 75th Anniversary Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $1 coins whose design: (1) is emblematic of the National Archives Building; and (2) honors the National Archives and Records Administration as a public trust on which American democracy depends and of the Charters of Freedom that the Administration enshrines for posterity.
Requires the obverse of the coins to be representative of the 75th Anniversary of the National Archives Building.
Requires such coins to feature an image of: (1) the Declaration of Independence; (2) the Constitution of the United States; and (3) the Bill of Rights.
Declares that: (1) only one U.S. Mint facility may be used to strike any particular combination of denomination and quality of such coins; and (2) the coins may be issued only during calendar 2010.
Prescribes guidelines for coin sales and a coin surcharge. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the 75th Anniversary of the opening of the National Archives Building, and for other purposes."} | 1,515 | 194 | 0.589229 | 1.80342 | 0.809042 | 3.634831 | 7.893258 | 0.926966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Cost Containment Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The intolerably high number of Americans without
adequate health insurance has resulted in major part from the
high cost of health insurance premiums.
(2) By eliminating the full tax deductibility of most
medical expenses, the Federal Government has effectively
increased the cost of health insurance. This same misguided
policy has increased the cost of regular maintenance of one's
own health through regular physician visits. This policy of the
Federal Government, therefore, has both discouraged the
purchase of health insurance and exposed taxpayers to greater
expense because individuals are more likely to develop chronic
illnesses and more likely to go without insurance to pay for
critical care.
(3) Excessive, wasteful, and abusive litigation in medical
care liability suits throughout the United States has also
significantly contributed to the high cost of health care in
America. The enormous sums and valuable time that hospitals and
physicians lose because of needless litigation amount to a huge
tax on health care for all Americans. Even more expensive is
the huge and thoroughly unnecessary cost of so-called
``defensive medicine''. Because of the ubiquitous threat of
lawsuits, doctors and other health care providers all too often
prescribe unnecessary tests, studies, and procedures simply to
protect themselves--not their patients. Reforming the abuses of
our civil litigation system in medical cases is therefore an
essential step in controlling health care costs.
(4) Noneconomic damages in medical cases should be
eliminated. Payment of huge money damages for conceptually
elusive measure of loss such as ``pain and suffering'' and
``inconvenience'' has proven to be unworkable. Our society
simply cannot afford it. Money damages should be limited to
repayment of actual monetary losses such as medical expenses,
out-of-pocket costs, lost future earnings, and other
traditional measures of actual damages.
(5) Punitive damages in medical care liability suits are
meant to punish malefactors rather than provide a windfall to
attorneys and random litigants. The existence of this potential
windfall (always unrelated to the actual damages suffered in
any case) creates a perverse incentive for even more litigation
against ``deep pockets'' doctors, hospitals, and health care
providers. Punitive damages should, therefore, be paid over to
community hospitals to offset the cost of indigent care. This
will end one of the most significant incentives for abusive and
unnecessary litigation that drives up medical costs. Even more
importantly, it will reduce the cost of health care for the
poor and taxpayers alike.
(6) Medical care liability suits should be decided on their
merits. But in recent years, the vast majority of medical care
liability suits have been decided without a single day of
trial, when parties realize that they cannot afford the
lawyers' costs and other expenses of obtaining their day in
court. This has led all too often to economic blackmail, in
which innocent parties--hospitals, physicians, nurses, other
health care workers--are forced to settle for large amounts
even though they should, in fact, be held harmless by our legal
system. Patients with meritorious medical malpractice cases
find their recoveries substantially reduced by attorneys' fees.
Health care providers victimized by groundless litigation must
often pay enormous fees simply to prove they are blameless. To
redress this inequity, the loser in a medical case should pay
the costs and attorneys' fees of the winner. This will end
another perverse incentive in the present system for
unnecessary litigation that drives up health care costs.
(7) By reducing the cost of health care and by making
health insurance more affordable, millions more Americans will
be able to obtain needed health coverage. This, in turn, will
increase the size of insurance risk pools, further reducing the
cost of necessary insurance for all Americans.
SEC. 3. RESTORATION OF THE FULL DEDUCTIBILITY OF MEDICAL EXPENSES.
Section 213(a) of the Internal Revenue Code of 1986 (relating to
the treatment of medical and dental expenses) is amended to read as
follows:
``(a) Allowance of Deduction.--There shall be allowed as a
deduction the expenses paid during the taxable year, not compensated
for by insurance or otherwise, for medical care of the taxpayer, the
taxpayer's spouse, or a dependent (as defined in section 152).''.
SEC. 4. ATTORNEYS' FEES IN MEDICAL CARE LIABILITY SUITS.
(a) Awarding Attorneys' Fees and Other Costs to Prevailing Party.--
The nonprevailing party in a medical care liability suit shall pay to
the prevailing party in such suit its litigation expenses under the
action (including attorneys' fees and fees paid to expert witnesses,
but not including court fees, filing fees, or other expenses paid
directly to the court). The amount to be paid for such litigation
expenses shall not exceed the litigation expenses of the nonprevailing
party in such medical care liability suit. If the nonprevailing party
receives attorney services under a contingent fee agreement, the amount
of the attorneys' fees paid under this subsection shall not exceed the
reasonable value of those services, determined without regard to the
contingent nature of the fee arrangement.
(b) Definition of Prevailing Party.--The term `prevailing party'
means a party to a medical care liability suit who obtains a favorable
final judgment (other than by settlement) on all or a portion of the
claims asserted in the action.
SEC. 5. ELIMINATION OF NONECONOMIC DAMAGES IN MEDICAL CARE LIABILITY
SUITS.
(a) Scope of Prohibition.--Noneconomic damages may not be imposed
in a medical care liability suit. Compensatory damages may be awarded
as in any other type of action.
(b) Definition of Noneconomic Damages.--The term `noneconomic
damages' means damages for pain, suffering, inconvenience, or any other
nonpecuniary loss, but does not include punitive damages.
SEC. 6. PUNITIVE DAMAGES TO BE REDIRECTED TO COMMUNITY HOSPITALS TO PAY
FOR INDIGENT CARE.
(a) Local Government to Receive Moneys on Behalf of Hospitals.--Any
punitive damages imposed in a medical care liability suit shall be paid
to the county, parish, or comparable unit of local government in which
the action is brought and which has primary responsibility for payment
for indigent health services in its jurisdiction.
(b) Use of Moneys.--A county, parish, or comparable unit of local
government which receives moneys under subsection (a) shall use it
toward payment of its unreimbursed expenses incurred in providing
health care to individuals entitled to medical assistance under titles
XVIII and XIX of the Social Security Act.
SEC. 7. APPLICABILITY.
(a) Applicability.--This Act shall apply with respect to any
medical care liability suit brought in any State or Federal court,
except that this Act shall not apply to a claim or action for damages
arising from a vaccine-related injury or death to the extent that title
XXI of the Public Health Service Act applies to the action.
(b) Effect on State Law.--This Act supersedes State law only to the
extent that State law differs from any provision of law established by
or under this Act. Any issue that is not governed by any provision of
law established by or under this Act shall be governed by otherwise
applicable State or Federal law.
(c) Federal Court Jurisdiction Not Established on Federal Question
Grounds.--Nothing in this Act shall be construed to establish any
jurisdiction in the district courts of the United States over medical
care liability suits on the basis of sections 1331 or 1337 of title 28,
United States Code.
(d) Definition of Medical Care Liability Suit.--The term `medical
care liability suit' means an action for damages arising out of the
provision of (or the failure to provide) health care services.
SEC. 8. EFFECTIVE DATE.
This Act shall apply with respect to claims accruing or suits
brought on or after the first day of January of the calendar year
following the date of the enactment of this Act. | Health Care Cost Containment Act - Amends the Internal Revenue Code to allow individuals to deduct the full amount of unreimbursed medical and dental expenses. (Current law allows a deduction for such expenses that exceed a certain percentage of adjusted gross income.)
Requires the losing party in a medical care liability suit to pay limited amounts of the winning party's litigation expenses.
Prohibits noneconomic damages (other than punitive damages) in such suits.
Requires punitive damages to be paid to the unit of local government having primary responsibility for paying for indigent health services. Requires those amounts to be used for care for individuals entitled to assistance under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
Applies this Act to any medical care liability suit in any State or Federal court, except vaccine-related matters. Supersedes inconsistent State laws. | {"src": "billsum_train", "title": "Health Care Cost Containment Act"} | 1,805 | 209 | 0.458404 | 1.454896 | 0.795427 | 2.359281 | 9.832335 | 0.838323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connect The Nation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The deployment and adoption of broadband services and
information technology has resulted in enhanced economic
development and public safety for communities across the
Nation, improved health care and educational opportunities, and
a better quality of life for all Americans.
(2) Continued progress in the deployment and adoption of
broadband and other advanced information services is vital to
ensuring that our Nation remains competitive and continues to
create business and job growth.
(3) The Federal Government should also recognize and
encourage complementary state efforts to improve the quality
and usefulness of broadband data and should encourage and
support the partnership of the public and private sectors in
the continued growth of broadband services and information
technology for the residents and businesses of the Nation.
SEC. 3. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.
(a) Purposes.--The purposes of any grant under subsection (b) are--
(1) to ensure that all citizens and businesses in a State
have access to affordable and reliable broadband service;
(2) to achieve improved technology literacy, increased
computer ownership, and home broadband use among such citizens
and businesses;
(3) to establish and empower local grassroots technology
teams in each State to plan for improved technology use across
multiple community sectors; and
(4) to establish and sustain an environment ripe for
broadband services and information technology investment.
(b) Establishment of State Broadband Data and Development Grant
Program.--
(1) In general.--The Secretary of Commerce shall award
grants, taking into account the results of the peer review
process under subsection (d), to eligible entities for the
development and implementation of statewide initiatives to
identify and track the availability and adoption of broadband
services within each State.
(2) Competitive basis.--Any grant under subsection (b)
shall be awarded on a competitive basis.
(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an eligible entity shall--
(1) submit an application to the Secretary of Commerce, at
such time, in such manner, and containing such information as
the Secretary may require; and
(2) contribute matching non-Federal funds in an amount
equal to not less than 20 percent of the total amount of the
grant.
(d) Peer Review.--
(1) In general.--The Secretary shall by regulation require
appropriate technical and scientific peer review of
applications made for grants under this section.
(2) Review procedures.--The regulations required under
paragraph (1) shall require that any technical and scientific
peer review group--
(A) be provided a written description of the grant
to be reviewed;
(B) provide the results of any review by such group
to the Secretary of Commerce; and
(C) certify that such group will enter into
voluntary nondisclosure agreements as necessary to
prevent the unauthorized disclosure of confidential and
propriety information provided by broadband service
providers in connection with projects funded by any
such grant.
(e) Use of Funds.--A grant awarded to an eligible entity under
subsection (b) shall be used--
(1) to provide a baseline assessment of broadband service
deployment in each State;
(2) to identify and track--
(A) areas in each State that have low levels of
broadband service deployment;
(B) the rate at which residential and business
adopt broadband service and other related information
technology services; and
(C) possible suppliers of such services;
(3) to identify barriers to the adoption by individuals and
businesses of broadband service and related information
technology services, including whether or not--
(A) the demand for such services is absent; and
(B) the supply for such services is capable of
meeting the demand for such services;
(4) to create and facilitate in each county or designated
region in a State a local technology planning team--
(A) with members representing a cross section of
the community, including representatives of business,
telecommunications labor organizations, K-12 education,
health care, libraries, higher education, community-
based organizations, local government, tourism, parks
and recreation, and agriculture; and
(B) which shall--
(i) benchmark technology use across
relevant community sectors;
(ii) set goals for improved technology use
within each sector; and
(iii) develop a tactical business plan for
achieving its goals, with specific
recommendations for online application
development and demand creation;
(5) to work collaboratively with broadband service
providers and information technology companies to encourage
deployment and use, especially in unserved and underserved
areas, through the use of local demand aggregation, mapping
analysis, and the creation of market intelligence to improve
the business case for providers to deploy;
(6) to establish programs to improve computer ownership and
Internet access for unserved and underserved populations;
(7) to collect and analyze detailed market data concerning
the use and demand for broadband service and related
information technology services;
(8) to facilitate information exchange regarding the use
and demand for broadband services between public and private
sectors; and
(9) to create within each State a geographic inventory map
of broadband service, which shall--
(A) identify gaps in such service through a method
of geographic information system mapping of service
availability at the census block level; and
(B) provide a baseline assessment of statewide
broadband deployment in terms of households with high-
speed availability.
(f) Participation Limit.--For each State, an eligible entity may
not receive a new grant under this section to fund the activities
described in subsection (d) within such State if such organization
obtained prior grant awards under this section to fund the same
activities in that State in each of the previous 4 consecutive years.
(g) Report.--Each recipient of a grant under subsection (b) shall
submit a report on the use of the funds provided by the grant to the
Secretary of Commerce.
(h) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
non-profit organization that is selected by a State to work in
partnership with State agencies and private sector partners in
identifying and tracking the availability and adoption of
broadband services within each State.
(2) Nonprofit organization.--The term ``nonprofit
organization'' means an organization--
(A) described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code;
(B) no part of the net earnings of which inures to
the benefit of any member, founder, contributor, or
individual;
(C) that has an established competency and proven
record of working with public and private sectors to
accomplish widescale deployment and adoption of
broadband services and information technology; and
(D) the board of directors of which is not composed
of a majority of individuals who are also employed by,
or otherwise associated with, any Federal, State, or
local government or any Federal, State, or local
agency.
(3) Broadband service.--The term ``broadband service''
means any service that connects to the public Internet that
provides a data transmission-rate equivalent to at least 200
kilobits per second, or 200,000 bits per second, or any
successor transmission-rate established by the Federal
Communications Commission, in at least 1 direction.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of fiscal
years 2008 through 2012.
(j) No Regulatory Authority.--Nothing in this Act shall be
construed as giving any public or private entity established or
affected by this Act any regulatory jurisdiction or oversight authority
over providers of broadband services or information technology. | Connect The Nation Act - Provides for grants to develop and implement statewide initiatives to identify and track the availability and adoption of broadband services within each state. | {"src": "billsum_train", "title": "A bill to promote the deployment and adoption of telecommunications services and information technologies, and for other purposes."} | 1,630 | 34 | 0.586623 | 1.35719 | 0.743308 | 4.827586 | 55.482759 | 0.965517 |
SECTION. 1. MINIMUM WAGE.
Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C.
206(a)(1)) is amended to read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $5.15 an hour beginning September 1, 1997,
``(B) $5.48 an hour during the year beginning April
1, 2000,
``(C) $5.81 an hour during the year beginning April
1, 2001, and
``(D) $6.15 an hour beginning April 1, 2002;''.
SEC. 2. EXEMPTION FOR COMPUTER PROFESSIONALS.
Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)) is amended by amending paragraph (17) to read as follows:
``(17) any employee who is a computer systems, network, or
database analyst, designer, developer, programmer, software
engineer, or other similarly skilled worker--
``(A) whose primary duty is--
``(i) the application of systems or network
or database analysis techniques and procedures,
including consulting with users, to determine
hardware, software, systems, network, or
database specifications (including functional
specifications);
``(ii) the design, configuration,
development, integration, documentation,
analysis, creation, testing, securing, or
modification of, or problem resolution for,
computer systems, networks, databases, or
programs, including prototypes, based on and
related to user, system, network, or database
specifications, including design specifications
and machine operating systems;
``(iii) the management or training of
employees performing duties described in clause
(i) or (ii); or
``(iv) a combination of duties described in
clauses (i), (ii), or (iii) the performance of
which requires the same level of skills; and
``(B) who, in the case of an employee who is
compensated on an hourly basis, is compensated at a
rate of not less than $27.63 an hour.
For purposes of paragraph (17), the term `network' includes the
Internet and intranet networks and the world wide web. An
employee who meets the exemption provided by paragraph (17)
shall be considered an employee in a professional capacity
pursuant to paragraph (1);''.
SEC. 3. EXEMPTION FOR CERTAIN SALES EMPLOYEES.
(a) Amendment.--Section 13(a) of the Fair Labor Standards Act of
1938 (29 U.S.C. 213(a)), as amended by section 2, is amended by adding
at the end the following:
``(18) any employee employed in a sales position if--
``(A) the employee has specialized or technical
knowledge related to products or services being sold;
``(B) the employee's--
``(i) sales are predominantly to persons or
entities to whom the employee's position has
made previous sales; or
``(ii) position does not involve initiating
sales contacts;
``(C) the employee has a detailed understanding of
the needs of those to whom the employee is selling;
``(D) the employee exercises discretion in offering
a variety of products and services;
``(E) the employee receives--
``(i) base compensation, determined without
regard to the number of hours worked by the
employee, of not less than an amount equal to
one and one-half times the minimum wage in
effect under section 6(a)(1) multiplied by
2,080; and
``(ii) in addition to the employee's base
compensation, compensation based upon each sale
attributable to the employee;
``(F) the employee's aggregate compensation based
upon sales attributable to the employee is not less
than 40 percent of one and one-half times the minimum
wage multiplied by 2,080;
``(G) the employee receives a rate of compensation
based upon each sale attributable to the employee which
is beyond sales required to reach the compensation
required by subparagraph (F) which rate is not less
than the rate on which the compensation required by
subparagraph (F) is determined; and
``(H) the rate of annual compensation or base
compensation for any employee who did not work for an
employer for an entire calendar year is prorated to
reflect annual compensation which would have been
earned if the employee had been compensated at the same
rate for the entire calendar year;''.
(b) Construction.--The amendment made by subsection (a) may not be
construed to apply to individuals who are employed as route sales
drivers.
SEC. 4. EXEMPTION FOR FUNERAL DIRECTORS.
Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C.
213(a)), as amended by section 3, is amended by adding after paragraph
(18) the following:
``(19) any employee employed as a licensed funeral director
or a licensed embalmer.''. | (Sec. 2) Revises an exemption from FLSA minimum wage and overtime compensation requirements for certain computer professionals to include computer network and database analysts, and computer systems, network, and database designers and developers.
(Sec. 3) Exempts from FLSA minimum wage and overtime compensation requirements any employee in a sales position, if: (1) the employee has specialized or technical knowledge related to products or services being sold; (2) the employee's sales are predominantly to persons who are entities to whom the employee has made previous sales or the employee's position does not involve initiating sales contacts; (3) the employee has a detailed understanding of customers' needs and exercises discretion in offering a variety of products and services; (4) the employee receives a base compensation at a specified minimum rate and additional compensation based on sales attributable to the employee; (5) the employee's aggregate compensation based upon sales reaches a specified minimum level; and (6) the rate of annual compensation or base compensation for an employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year. Makes such exemption inapplicable to individuals employed as route sales drivers.
(Sec. 4) Exempts licensed funeral directors and licensed embalmers from FLSA minimum wage and overtime compensation requirements. | {"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to increase the minimum wage, and for other purposes."} | 1,113 | 302 | 0.48899 | 1.626692 | 0.737438 | 3.856089 | 3.859779 | 0.889299 |
SECTION 1. SIMPLIFIED TAX.
(a) In General.--Subtitle A of the Internal Revenue Code of 1986 is
amended to read as follows:
``Subtitle A--Income Taxes
``Chapter 1. Computation of taxable income.
``Chapter 2. Determination of tax liability.
``Chapter 3. Exempt organizations.
``Chapter 4. Withholding.
``CHAPTER 1--COMPUTATION OF TAXABLE INCOME
``Sec. 101. Nonbusiness taxable income defined.
``Sec. 102. Business receipts defined.
``Sec. 103. Cost of business inputs defined.
``Sec. 104. Cost of capital equipment, structures, and land defined.
``Sec. 105. Business taxable income defined.
``SEC. 101. NONBUSINESS TAXABLE INCOME DEFINED.
``(a) In General.--For purposes of this title, the term
`nonbusiness taxable income' means--
``(1) all compensation, and
``(2) any income other than compensation from whatever
source derived.
``(b) Compensation.--Compensation means all cash amounts paid by an
employer or received by an employee, including wages, salaries,
pensions, bonuses, prizes, and awards.
``(c) Certain Items Included.--Compensation includes--
``(1) the cash equivalent of any financial instrument
conveyed to an employee, measured as market value at the time
of conveyance; and
``(2) workman's compensation and other payments for
injuries or other compensation for damages.
``(d) Certain Items Excluded.--
``(1) Compensation.--Compensation excludes--
``(A) reimbursements to a taxpayer by an employer
for business expenses paid by the taxpayer in
connection with performance of services as an employee;
``(B) goods and services provided to employees by
employers, including but not limited to medical
benefits, insurance, meals, housing, recreational
facilities, and other fringe benefits; and
``(C) wages, salaries, and other payments for
services performed outside the United States.
``(2) Other income.--No gain from the sale or exchange of
the principal residence of a taxpayer shall be included in
income described in subsection (a)(2).
``SEC. 102. BUSINESS RECEIPTS DEFINED.
``Business receipts are the receipts of a business from the sale or
exchange of products or services produced in or passing through the
United States. Business receipts include--
``(1) gross revenue, excluding sales and excise taxes, from
the sale or exchange of goods and services;
``(2) fees, commissions, and similar receipts, if not
reported as compensation;
``(3) gross rents;
``(4) royalties;
``(5) gross receipts from the sale of plant, equipment, and
land;
``(6) the market value of goods, services, plant,
equipment, or land provided to its owners or employees;
``(7) the market value of goods, services, and equipment
delivered from the United States to points outside the United
States, if not included in sales; and
``(8) the market value of goods and services provided to
depositors, insurance policyholders, and others with a
financial claim upon the business, if not included in sales.
``SEC. 103. COST OF BUSINESS INPUTS DEFINED.
``(a) In General.--The cost of business inputs is the cost of
purchases of goods, services, and materials required for business
purposes.
``(b) Certain Items Included.--The cost of business inputs
includes--
``(1) the actual amount paid for goods, services, and
materials, whether or not resold during the year;
``(2) the market value of business inputs brought into the
United States; and
``(3) the actual cost, if reasonable, of travel and
entertainment expenses for business purposes.
``(c) Certain Items Excluded.--The cost of business inputs excludes
purchases of goods and services provided to employees or owners, unless
these are included in business receipts.
``SEC. 104. COST OF CAPITAL EQUIPMENT, STRUCTURES, AND LAND DEFINED.
``The cost of capital equipment, structures, and land includes any
purchases of these items for business purposes. In the case of
equipment brought into the United States, the cost is the market value
at time of entry into the United States.
``SEC. 105. BUSINESS TAXABLE INCOME DEFINED.
``Business taxable income is business receipts less the cost of
business inputs, less compensation paid to employees, and less the cost
of capital equipment, structures, and land.
``CHAPTER 2--DETERMINATION OF TAX LIABILITY
``Sec. 201. Personal allowance.
``Sec. 202. Nonbusiness tax.
``Sec. 203. Business tax.
``SEC. 201. PERSONAL ALLOWANCE.
``(a) In General.--The personal allowance of a taxpayer for any
taxable year is an amount equal to the sum of the allowance amounts for
the taxpayer, the spouse of the taxpayer if filing jointly, and each
dependent of the taxpayer.
``(b) Allowance Amount.--The allowance amount for any individual is
$4,000. Each year the allowance amount for taxable years beginning in
such year shall be the amount in effect for the preceding year,
increased by the proportional increase during the preceding year in the
Consumer Price Index.
``(c) Special Rules.--For purposes of this chapter--
``(1) a taxpayer is considered married if he was married at
the end of the year or if the taxpayer's spouse died during the
year,
``(2) a taxpayer is a head of a household if the taxpayer
is not married at the end of the year, and maintains as the
taxpayer's home a household which is the principal home of a
dependent of the taxpayer, and
``(3) a dependent is a son, stepson, daughter,
stepdaughter, mother, or father of the taxpayer, for whom the
taxpayer provides more than half support for a taxable year.
``SEC. 202. NONBUSINESS TAX.
``(a) In General.--There is hereby imposed a tax on the nonbusiness
taxable income of every person for each taxable year (reduced by the
amount of the personal allowance under section 201) a tax equal to--
``(1) 15 percent of so much of such income as does not
exceed the limit, plus
``(2) 25 percent of so much of such income as exceeds the
limit.
``(b) Limit.--For purposes of subsection (a)--
``(1) the limit for married taxpayers filing jointly, heads
of household, and surviving spouses is $100,000, and
``(2) the limit for any other taxpayer is $50,000.
``SEC. 203. BUSINESS TAX.
``(a) Business Defined.--Each sole proprietorship, partnership, and
corporation constitutes a business. Any organization or individual not
specifically exempt under chapter 3, with business receipts, is a
business.
``(b) Computation of Tax.--Each business will pay a tax of 19
percent of its business taxable income, or zero if business taxable
income is negative.
``(c) Filing Units.--A business may file any number of business tax
returns for its various subsidiaries or other units, provided that all
business receipts are reported in the aggregate, and provided that each
expenditure for business inputs is reported on no more than one return.
``(d) Carryforward of Losses.--When business taxable income is
negative, the negative amount may be used to offset positive taxes in
future years. The amount carried forward from one year to the next is
augmented according to an interest rate equal to the average daily
yield on 3-month Treasury Bills during the first year. There is no
limit to the amount or the duration of the carryforward.
``CHAPTER 3--EXEMPT ORGANIZATIONS
``Sec. 301. Exempt organizations.
``SEC. 301. EXEMPT ORGANIZATIONS.
``Organizations exempt from the business tax are--
``(1) State and local governments, and their subsidiary
units; and
``(2) educational, religious, charitable, philanthropic,
cultural, and community service organizations that do not
return income to individual or corporate owners.
``CHAPTER 4--WITHHOLDING
``Sec. 401. Withholding.
``SEC. 401. WITHHOLDING.
``Each employer, including exempt organizations, will withhold from
the wages, salaries, and pensions of its employees, and remit to the
Internal Revenue Service, an amount computed in the manner prescribed
in tables published by the Secretary. Every employee will receive a
credit against tax for the amount withheld.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1993. | Amends the Internal Revenue Code to provide for a simplified income tax. Allows a personal allowance of $4,000 for the taxpayer, spouse (if filing jointly), and each dependent. Adjusts such amount for inflation each year.
Imposes a nonbusiness tax on each person (reduced by the amount of the personal allowance) of 15 percent of income that does not exceed the limit, plus 25 percent of income that exceeds the limit. Specifies that limit as: (1) $100,000 for married taxpayers filing jointly, heads of household, and surviving spouses; and (2) $50,000 for any other taxpayer.
Imposes a tax on each business of 19 percent of taxable income, or zero if such income is negative. Allows the carryforward of losses.
Specifies tax-exempt organizations as: (1) State and local governments; and (2) educational, religious, charitable, philanthropic, cultural, and community service organizations that do not return income to individual or corporate owners.
Provides for tax withholding. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a simplified tax on all income, and for other purposes."} | 2,059 | 217 | 0.404529 | 1.049666 | 0.569945 | 3.674877 | 9.1133 | 0.916256 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Routine HIV
Screening Coverage Act of 2012''.
(b) Findings.--Congress finds the following:
(1) HIV/AIDS continues to infect and kill thousands of
Americans, more than 30 years after the first cases were
reported.
(2) It has been estimated that approximately 1.7 million
Americans have been infected with HIV since the beginning of
the epidemic and over 600,000 of them have died.
(3) The HIV/AIDS epidemic has disproportionately impacted
African-Americans, Latino-Americans, and other racial and
ethnic minorities.
(4) It has been estimated that 20 percent of those infected
with HIV in the United States do not know they are infected.
(5) The Centers for Disease Control and Prevention has
determined that increasing the proportion of people who know
their HIV status is an essential component of comprehensive
HIV/AIDS treatment and prevention efforts and that early
diagnosis is critical in order for people with HIV/AIDS to
receive life-extending therapy.
(6) The Centers for Disease Control and Prevention
recommends routine HIV screening in health care settings for
all patients aged 13-64, regardless of risk.
(7) Some health plans do not cover routine HIV screening,
but only cover HIV tests for patients with known or perceived
risk factors for HIV/AIDS and patients who demonstrate symptoms
of AIDS.
(8) Not all individuals who have been infected with HIV
fall into high-risk categories or demonstrate symptoms of AIDS.
(9) If health plans covered routine HIV screenings, health
providers would be more likely to recommend routine HIV
screening for their patients.
(10) Section 2713 of the Public Health Service Act (42
U.S.C. 300gg-13), as amended by section 1001 of the Patient
Protection and Affordable Care Act (Public Law 111-148),
requires that health plans cover preventive health services
without imposing cost sharing requirements.
(11) Routine HIV screening is a preventive health service.
(12) Requiring health plans to cover routine HIV screening
as a preventive health service without imposing cost sharing
requirements could play a critical role in preventing the
spread of HIV and allowing infected individuals to receive
effective treatment.
SEC. 2. COVERAGE FOR ROUTINE HIV SCREENING UNDER GROUP HEALTH PLANS,
HEALTH INSURANCE COVERAGE, AND FEHBP.
(a) Group Health Plans.--
(1) Public health service act amendments.--Subpart II of
part A of title XXVII of the Public Health Service Act is
amended by inserting the following new section after section
2719A:
``SEC. 2719B. COVERAGE FOR ROUTINE HIV SCREENING.
``(a) In General.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage--
``(1) shall provide coverage for routine HIV screening; and
``(2) shall not impose terms and conditions (including cost
sharing requirements) with respect to such screening that are
less favorable for a participant or beneficiary than the terms
and conditions applicable to items and services described in
section 2713(a).
``(b) Prohibitions.--A group health plan and a health insurance
issuer offering group or individual health insurance coverage shall
not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan or coverage, solely for the purpose of avoiding the
requirements of this section;
``(2) deny coverage for routine HIV screening on the basis
that--
``(A) there are no known risk factors for HIV
present; or
``(B) the screening is not--
``(i) clinically indicated;
``(ii) medically necessary; or
``(iii) pursuant to a referral or
recommendation by any health care provider;
``(3) provide monetary payments, rebates, or other benefits
to individuals to encourage such individuals to accept less
than the minimum protections available under this section;
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided care
to an individual participant or beneficiary in accordance with
this section; or
``(5) provide incentives (monetary or otherwise) to a
provider to induce such provider to provide care to an
individual participant or beneficiary in a manner inconsistent
with this section.
``(c) Rules of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
of a group health plan or health insurance coverage to undergo HIV
screening.
``(d) Preemption.--Nothing in this section shall be construed to
preempt any State law in effect on the date of enactment of this
section with respect to health insurance coverage that requires
coverage of at least the coverage of HIV screening otherwise required
under this section.''.
(2) Inclusion of notice in uniform coverage documents.--
Section 2715(b)(3)(B) of the Public Health Service Act (42
U.S.C. 300gg-15) is amended--
(A) in clause (i), by striking ``and'' at the end;
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) the coverage for routine HIV
screening required under section 2719B; and''.
(3) Routine hiv screening defined through consultation
process.--Section 2791(d) is amended by adding at the end the
following new paragraph:
``(22) Routine hiv screening.--The term `routine HIV
screening' shall have the meaning given such term by the
Secretary. In defining such term, the Secretary shall consult
with the Office of National AIDS Policy, the Centers for
Disease Control and Prevention, health care professionals with
expertise in HIV treatment and prevention, advocates for people
living with HIV, and other qualified individuals.''.
(4) Conforming amendments.--
(A) ERISA.--Section 715(a)(1) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1185d(a)(1)) is amended by inserting ``and the Routine
HIV Screening Coverage Act of 2012'' after ``Patient
Protection and Affordable Care Act''.
(B) IRC.--Section 9815(a)(1) of the Internal
Revenue Code of 1986 is amended by inserting ``and the
Routine HIV Screening Coverage Act of 2012'' after
``Patient Protection and Affordable Care Act''.
(b) Application Under Federal Employees Health Benefits Program
(FEHBP).--Section 8902 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(p) A contract may not be made or a plan approved which does not
comply with the requirements of section 2719B of the Public Health
Service Act.''.
(c) Effective Date.--This section and the amendments made by this
section shall be effective for plan years beginning on or after the
date that is 1 year after the date of the enactment of this Act. | Routine HIV Screening Coverage Act of 2012 - Amends the Public Health Service Act, the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for routine HIV screening under terms and conditions no less favorable than for other routine preventive health services. Prohibits such a plan from taking specified actions to avoid the requirements of this Act.
Requires inclusion of a notice of such screening coverage in the uniform summary of benefits and coverage explanation provided by the group health plan or health insurance issuer.
Defines "routine HIV screening" as having the meaning given the term by the Secretary of Health and Human Services (HHS) after consultation with the the Office of National AIDS Policy, the Centers for Disease Control and Prevention (CDC), health care professionals, and other qualified individuals.
Applies requirements of this Act to health insurance coverage offered under the Federal Employees Health Benefits Program. | {"src": "billsum_train", "title": "To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and title 5, United States Code, to require individual and group health insurance coverage and group health plans and Federal employees health benefit plans to provide coverage for routine HIV screening."} | 1,593 | 213 | 0.532671 | 1.398221 | 0.803135 | 3.190476 | 7.592593 | 0.89418 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Extradition
Enforcement Act of 1999''.
SEC. 2. ANNUAL REPORT ON EXTRADITION EFFORTS BETWEEN THE UNITED STATES
AND FOREIGN GOVERNMENTS.
(a) Annual Report.--
(1) In general.--Not later than January 1 of each year, the
Secretary of State, in conjunction with the Attorney General,
shall prepare and submit to the Congress an annual report on
efforts between the United States and the governments of
foreign countries to extradite to the United States individuals
described in paragraph (2) during the preceding year.
(2) Individuals described.--An individual described in this
paragraph is an individual who is being held in custody by the
government of a foreign country (or who is otherwise known to
be in the foreign country), and with respect to which a
competent authority of the United States--
(A) has charged with a major extraditable offense
described in paragraph (3);
(B) has found guilty of committing a major
extraditable offense described in paragraph (3); or
(C) is seeking extradition in order to complete a
judicially pronounced penalty of deprivation of liberty
for a major extraditable offense described in paragraph
(3).
(3) Major extraditable offenses described.--A major
extraditable offense described in this paragraph is an offense
of murder, attempted murder, manslaughter, aggravated assault,
kidnapping, abduction, or other false imprisonment, or rape.
(b) Additional Requirements.--The annual report required under
subsection (a) shall also include the following:
(1) The aggregate number of individuals described in
subsection (a)(2) who are being held in custody by all
governments of foreign countries (or are otherwise known to be
in the foreign countries) during the preceding year.
(2) With respect to each individual described in subsection
(a)(2), the reasons why the individual has not been extradited
to the United States and the specific actions the United States
has taken to obtain extradition.
SEC. 3. SANCTIONS AGAINST FOREIGN GOVERNMENTS THAT ARE UNCOOPERATIVE IN
EXTRADITION EFFORTS WITH THE UNITED STATES.
(a) Prohibition on Development and Security Assistance.--
(1) Prohibition.--Development assistance and security
assistance may not be provided to a foreign government that the
President identifies under subsection (d) as uncooperative in
extradition efforts with the United States.
(2) Definitions.--In this subsection:
(A) Development assistance.--The term ``development
assistance'' means assistance under chapter 1 of part I
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.).
(B) Security assistance.--The term ``security
assistance'' means assistance under--
(i)(I) chapter 2 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2311 et seq.); and
(II) chapter 5 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.); and
(ii) the Arms Export Control Act (22 U.S.C.
2751 et seq.).
(b) Opposition to Multilateral Assistance.--The President shall
instruct the United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) to use the voice, vote, and
influence of the United States to oppose any proposal to provide any
kind of assistance that would primarily benefit a foreign government
that the President identifies under subsection (d) as uncooperative in
extradition efforts with the United States.
(c) Denial of Visas.--No consular officer shall issue a visa to,
and the Attorney General shall exclude from the United States, any
alien who the Secretary of State determines is a high-ranking official
of the government of a country that the President identifies under
subsection (d) as uncooperative in extradition efforts with the United
States.
(d) Identification and Report.--
(1) Identification.--The President shall identify on an
annual basis those foreign governments that are uncooperative
in extradition efforts with the United States. In making an
identification with respect to a foreign government under this
paragraph, the President shall take into account information in
the annual report required under section 2 and the following:
(A) The extent to which the foreign government has
a policy to refuse to extradite to the United States
its citizens who are charged with, or found guilty of
committing, major extraditable offenses described in
section 2(a)(3), by such other countries.
(B) Whether or not the foreign government, upon
request by competent authorities of the United States,
has failed to extradite to the United States during the
preceding year 1 or more citizens of the United States
who are described in section 2(a)(2).
(C) Whether or not the foreign government, upon
request by competent authorities of the United States
(and in accordance with subsection (f), if applicable),
has failed to extradite to the United States during the
preceding 2-year period 5 or more individuals
(involving unrelated extradition requests) described in
section 2(a)(2).
(D) The extent to which corruption in the foreign
government jeopardizes the extradition process of that
country.
(2) Report.--Not later than March 1 of each year, the
President shall prepare and transmit to the Congress a report
containing a list of the foreign governments identified under
paragraph (1).
(e) Waiver by President.--
(1) Waiver.--The President may waive the prohibition on
development assistance and security assistance under subsection
(a), the requirement to oppose multilateral assistance under
subsection (b), or the denial of visas under subsection (c),
with respect to a foreign government if the President
determines and certifies to the Congress that it is in the
vital national interests of the United States to do so.
(2) Congressional review.--Notwithstanding paragraph (1),
if, not later than 60 calendar days after receipt of a
certification of the President with respect to a foreign
government under paragraph (1), a joint resolution is enacted
disapproving the certification, then--
(A) funds may not be obligated or expended for
development assistance or security assistance for the
foreign country in accordance with subsection (a);
(B) the requirement to oppose multilateral
assistance under subsection (b) shall apply; and
(C) the requirement to deny visas for high-ranking
officials of the government of that country under
subsection (c) shall apply.
(f) Formal Complaint Procedures Relating to Denial of Extradition
Requests.--The Attorney General shall establish procedures under which
a competent authority of a State, which is requesting extradition of 1
or more individuals from a foreign country as described in subsection
(d)(1)(C) and with respect to which the foreign country has failed to
comply with such request, may submit to the Attorney General a formal
complaint for purposes of determining whether or not the country has
failed to extradite to the United States during the preceding 2-year
period 5 or more individuals (involving unrelated extradition requests)
in accordance with such subsection (d)(1)(C).
SEC. 4. CRIMINAL PENALTIES.
(a) Increased Penalty for Flight To Avoid Prosecution.--Section
1073 of title 18, United States Code, is amended by striking ``five
years'' and inserting ``15 years''.
(b) Transfers to Persons Resisting Extradition.--
(1) Generally.--Chapter 49 of title 18, United States Code,
is amended by adding at the end the following:
``Sec. 1075. Transfers to persons resisting extradition
``Whoever knowingly transfers from the United States anything of
value to a person who is in a foreign place with the intent to assist
that person in resisting extradition to the United States shall be
fined under this title or imprisoned not more than 10 years, or both.''
(2) Clerical amendment.--The table of sections at the
beginning of chapter 49 of title 18, United States Code, is
amended by adding at the end the following new item:
``1075. Transfers to persons resisting extradition.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendment made by this Act, shall be
construed to affect any provision of an extradition treaty between the
United States and a foreign government. | Prohibits the provision of development and security assistance to, or the issuance of a visa to any alien who is a high-ranking official of, a government of a country uncooperative in extradition efforts with the United States. Provides for the waiver of such prohibitions if it is in the vital national interests of the United States.
Directs the Attorney General to establish procedures under which a State, which is requesting extradition of one or more individuals from a foreign country failing to comply with such request, may file a formal complaint with the Attorney General for purposes of determining whether or not such country has failed to extradite to the United States during the preceding two- year period five or more individuals (involving unrelated extradition requests) in accordance with this Act.
Amends Federal criminal law to increase the criminal penalty for individuals who flee to avoid prosecution or give testimony in the United States. Imposes both civil and criminal penalties for persons who knowingly transfer from the United States anything of value to a person in a foreign country with the intent to assist such person in resisting extradition to the United States. | {"src": "billsum_train", "title": "International Extradition Enforcement Act of 1999"} | 1,920 | 245 | 0.548194 | 1.532525 | 0.551684 | 4.038462 | 8.057692 | 0.903846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independence Hall Commemorative Coin
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Two hundred years ago, in 1793, George Washington was
sworn in to his second term as President of the United States
of America in the Senate chamber of Congress Hall in
Philadelphia, Pennsylvania;
(2) For 150 years, the historic buildings in Philadelphia,
Pennsylvania, known as Congress Hall, the Old City Hall, and
Independence Hall (which housed the Liberty Bell, the symbol of
the heritage of free people in the United States) were under
the occasional care of local government units.
(3) Later, the Federal Government, through the National
Park Service, assumed responsibility for the preservation and
maintenance of these and other related historic sites for
present and future generations of Americans.
(4) In recent years, financial exigencies and the increased
responsibilities of the National Park Service have prevented
the Federal Government from meeting the capital needs of these
historic sites.
(5) The minting and issuance of a United States coin is an
appropriate way to commemorate these historic buildings and to
aid in funding their necessary maintenance and preservation.
SEC. 3. COIN SPECIFICATIONS.
(a) One Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall issue not more
than 1,000,000 $1 coins, which shall weigh 26.73 grams, have a
diameter of 1.500 inches, and shall contain 90 percent silver
and 10 percent copper.
(2) Design.--The design of the coins issued under this Act
shall be emblematic of the national shrines of liberty and
shall show the Liberty Bell on one side and Independence Hall
on the other side. On each such coin there shall be a
designation of the value of the coin, an inscription of the
year ``1994'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(b) Legal Tender.--The coins issued under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 5. SELECTION OF DESIGN.
The design for the coins authorized by this Act shall be selected
by the Secretary after consultation with the Commission of Fine Arts.
As required by section 5135 of title 31, United States Code, the design
shall also be reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF THE COINS.
(a) Quality of Coins.--The coins authorized under this Act may be
issued in uncirculated and proof qualities.
(b) Mint Facility.--Not more than 1 facility of the United States
Mint may be used to strike any particular quality of the coins minted
under this Act.
(c) Period of Authority.--The coins authorized under this Act may
be minted beginning 30 days after the date of enactment of this Act and
for a period of not more than 1 year after such date.
SEC. 7. SALE OF THE COINS.
(a) Sale Price.--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 provided in subsection (d) with respect to such
coins, and the cost of designing and issuing such coins (including
labor, materials, dies, use of machinery, overhead expenses, marketing,
and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales at a
reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins authorized under this Act prior to the issuance of such
coins. Sales under this subsection shall be at a reasonable discount.
(d) Surcharge Required.--All sales shall include a surcharge of $7
per coin.
SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
No provision of law governing procurement or public contracts shall
be applicable to the procurement of goods or services necessary for
carrying out the provisions of this Act. Nothing in this section shall
relieve any person entering into a contract under the authority of this
Act from complying with any law relating to equal employment
opportunity.
SEC. 9. DISTRIBUTION OF SURCHARGES.
Of the total surcharges collected by the Secretary from the sale of
the coins issued under this Act--
(1) 50 percent shall be returned to the United States
Treasury for purposes of reducing the national debt; and
(2) 50 percent shall be promptly paid by the Secretary to
the Independence Hall Preservation Fund to assist the Fund's
efforts to--
(A) create an endowment fund to finance capital
improvements in Independence National Historic Park;
(B) fund capital replacement projects for the
buildings in Independence National Historic Park; and
(C) meet such other needs as the Directors of the
Independence Hall Preservation Fund deem appropriate to
foster and increase respect and admiration for
Independence National Historic Park.
SEC. 10. AUDITS.
The Comptroller General of the United States shall have the right
to examine such books, records, documents, and other data of the
Independence Hall Preservation Fund as may be related to the
expenditure of amounts paid under section 9.
SEC. 11. NUMISMATIC PUBLIC ENTERPRISE FUND.
The coins issued under this Act are subject to the provisions of
section 5134 of title 31, United States Code, relating to the
Numismatic Public Enterprise Fund.
SEC. 12. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take all
actions necessary to ensure that the issuance of the coins authorized
by this Act shall result in no net cost to the United States
Government.
(b) Adequate Security for Payment Required.--No coin shall be
issued under this Act unless the Secretary has received--
(1) full payment therefore;
(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. | Independence Hall Commemorative Coin Act - Directs the Secretary of the Treasury to mint a specified number of one-dollar silver coins emblematic of the national shrines of liberty, showing the Liberty Bell on one side and Independence Hall on the other.
Mandates that 50 percent of the surcharges collected be distributed to: (1) the Treasury; and (2) the Independence Hall Preservation Fund to assist its efforts to meet certain funding needs of the Independence National Historic Park. | {"src": "billsum_train", "title": "Independence Hall Commemorative Coin Act"} | 1,404 | 95 | 0.520405 | 1.463413 | 0.894648 | 3.366667 | 14.566667 | 0.877778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Daniel Pearl Freedom of the Press
Act of 2009''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Acts of violence against journalists and media
personnel continue to rise in frequency, with very few of the
attacks resulting in prosecution.
(2) According to the 2008 Annual Report by the Committee to
Protect Journalists, in 2008 at least 41 journalists were
killed in connection with their work, and 125 were imprisoned.
(3) Reflecting the rise in influence of Internet reporting,
an increasing number of online editors, bloggers, and web-based
reporters are being imprisoned and websites are being closed
because of official censorship.
(4) The United States and the international community agree
that the safety and independence of journalists and the media
are a matter of pressing international concern. On December 10,
1948, the United Nations General Assembly adopted the Universal
Declaration of Human Rights. Article 19 of the Universal
Declaration of Human Rights states that ``Everyone has the
right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and
regardless of frontiers.''.
(b) Purposes.--The purposes of this Act are to--
(1) highlight and promote the work and accomplishments of
journalists and media organizations that promote freedom of
opinion and expression worldwide;
(2) draw attention to the conditions in countries in which
journalists are killed, imprisoned, kidnapped, threatened, or
censored;
(3) offer protection for these individuals and media
organizations by identifying to the international community
those countries where journalists are at the highest risk; and
(4) emphasize the significance of including freedom of the
press as enshrined in article 19 of the Universal Declaration
of Human Rights as a factor in United States foreign policy.
SEC. 3. ANNUAL REPORT ON THE PROMOTION OF FREEDOM OF THE PRESS
WORLDWIDE.
(a) Report.--The Secretary of State shall annually submit to
Congress a report regarding the promotion of freedom of the press
worldwide. The report shall be entitled the ``Annual Report on the
Status of Freedom of the Press Worldwide''.
(b) Preparation.--The Secretary shall prepare the Annual Report
with the assistance of the Bureau of Democracy, Human Rights and Labor.
(c) Contents.--The Annual Report shall contain the following
information:
(1) A description of the status of freedom of the press in
each country, including initiatives in favor of freedom of the
press and efforts to improve or preserve, as appropriate, the
independence of the media, together with an assessment of
progress made as a result of those efforts.
(2) An identification of countries in which there were
violations of freedom of the press, including direct physical
attacks, imprisonment, indirect sources of pressure, and
censorship by governments, military, intelligence, or police
forces, criminal groups, or armed extremist or rebel groups.
(3) In countries where there are particularly severe
violations of freedom of the press, the annual report shall
address the following:
(A) Whether government authorities of each such
country participate in, facilitate, or condone such
violations of the freedom of the press.
(B) What steps the government of each such country
has taken to preserve the safety and independence of
the media, and to ensure the prosecution of those
individuals who attack or murder journalists.
(d) Organization.--The Annual Report shall be organized in three
parts, as follows:
(1) Part I shall consist of the identification of countries
(and the associated assessment of their efforts) under
subsection (c)(1).
(2) Part II shall consist of the identification of
countries (and the associated assessment of their efforts)
under subsection (c)(2).
(3) Part III shall consist of the identification of
countries (and the associated assessment of their efforts)
under subsection (c)(3).
(e) Time for Submission.--The Secretary shall submit the Annual
Report on May 3 of each year, declared by the United Nations General
Assembly as World Press Freedom Day, or the first day thereafter on
which either House of Congress is in session.
(f) Unclassified Form.--The Annual Report shall be submitted in
unclassified form.
SEC. 4. FREEDOM OF THE PRESS GRANT PROGRAM.
(a) In General.--The Secretary of State shall administer a grant
program with the aim of promoting freedom of the press worldwide. The
grant program shall be administered by the Department of State's Bureau
of Democracy, Human Rights and Labor as part of the Human Rights
Democracy Fund (HRDF).
(b) Amounts and Time.--Grants may be awarded to nonprofit and
international organizations in amounts ranging from $70,000 to $150,000
annually. Grants may span multiple years, up to five years.
(c) Purpose.--Grant proposals should promote and broaden press
freedoms by strengthening the independence of journalists and media
organizations, promoting a legal framework for freedom of the press, or
through providing regionally and culturally relevant training and
professionalization of skills to meet international standards in both
traditional and digital media.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of State
$2,000,000 for each of fiscal years 2010 to 2014 to carry out this Act.
SEC. 6. DEFINITIONS.
In this Act:
(1) Annual report.--The term ``Annual Report'' means the
Annual Report on the Status of Freedom of the Press Worldwide
required under subsection (a).
(2) Media organization.--The term ``media organization''
means a group or organization that gathers and disseminates
news and information to the public (through any medium of mass
communication) in a foreign country in which the group or
organization is located, except that the term does not include
a group or organization that is primarily an agency or
instrumentality of the government of such foreign country. The
term includes an individual who is an agent or employee of such
group or organization who acts within the scope of such agency
or employment.
(3) Secretary.--The term ``Secretary'' means the Secretary
of State. | Daniel Pearl Freedom of the Press Act of 2009 - Directs the Secretary of State, with the assistance of the Bureau of Democracy, Human Rights and Labor, to provide Congress with an "Annual Report on the Status of Freedom of the Press Worldwide."
Sets forth Report provisions.
Directs the Secretary to administer a grant program to promote freedom of the press worldwide, which shall be administered by the Department's Bureau of Democracy, Human Rights and Labor as part of the Human Rights Democracy Fund. | {"src": "billsum_train", "title": "To highlight and promote freedom of the press worldwide."} | 1,334 | 102 | 0.537101 | 1.440959 | 0.312343 | 6.134021 | 13.226804 | 0.917526 |
SECTION 1. PURPOSES AND DEFINITIONS.
(a) Purposes.--The purposes of this Act are--
(1) to direct the conveyance of approximately 44 acres,
more or less, of Federally owned land administered by the
Agricultural Research Service to the City of Ames, Iowa; and
(2) to authorize the use of the funds derived from the
conveyance to purchase replacement land and for other purposes
relating to the National Animal Disease Center.
(b) Definitions.--In this Act:
(1) City.--The term ``City'' means the City of Ames, Iowa,
and its assigns.
(2) Property.--The term ``Property'' means approximately 44
acres, more or less, of the Federally owned land comprising
part of the National Animal Disease Center, which--
(A) was acquired by the United States in 1951
within sec. 1, T. 83 N., R. 24 W., Fifth Principal
Meridian; and
(B) is generally located on 13th Street in the
City.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 2. PROPERTY CONVEYANCE.
(a) In General.--On receipt of the consideration and cost
reimbursement provided in this Act, the Secretary shall convey and
quitclaim to the City, all rights, title, and interests of the United
States in the Property subject to easements and rights of record and
such other reservations, terms, and conditions as the Secretary may
prescribe.
(b) Consideration.--
(1) In general.--As consideration for the conveyance
authorized by this Act, the City shall pay to the Secretary an
amount in cash equal to the market value of the Property.
(2) Appraisal.--
(A) In general.--To determine the market value of
the Property, the Secretary shall have the Property
appraised for the highest and best use of the Property
in conformity with the Uniform Appraisal Standards for
Federal Land Acquisitions developed by the Interagency
Land Acquisition Conference.
(B) Requirements.--The appraisal shall be subject
to review and approval by the Secretary, and the
approved appraisal shall at all times be the Property
of the United States.
(c) Corrections.--With the agreement of the City, the Secretary may
make minor corrections or modifications to the legal description of the
Property or configure the Property to facilitate conveyance.
(d) Costs.--
(1) In general.--Except as provided in paragraph (2), the
City shall at closing pay or reimburse the Secretary, as
appropriate, for the reasonable transaction and administrative
costs incurred by the Secretary associated with the conveyance
authorized by this Act, including personnel costs directly
attributable to the transaction, and the transactional costs of
appraisal, survey, title review, hazardous substances
examination, and closing costs.
(2) Attorneys fees.--The City and the Secretary shall each
bear their own attorneys fees.
(e) Hazardous Materials.--
(1) In general.--For the conveyance authorized by this Act,
the Secretary shall meet disclosure requirements for hazardous
substances, but shall otherwise not be required to remediate or
abate those substances or any other hazardous pollutants,
contaminants, or waste that might be present on the Property at
the time of closing.
(2) Lead-based paint or asbestos-containing building
materials.--
(A) In general.--Notwithstanding any provision of
law relating to the mitigation or abatement of lead-
based paint or asbestos-containing building materials
and except as provided in subparagraph (B), the
Secretary shall not be required to mitigate or abate
any lead-based paint or asbestos-containing building
materials present on the Property at the time of
closing.
(B) Requirements.--If the Property has lead-based
paint or asbestos-containing building materials, the
Secretary shall--
(i) provide notice to the City of the
presence of the lead-based paint or asbestos-
containing building materials; and
(ii) obtain written assurance from the City
that the City will comply with applicable
Federal, State, and local laws relating to the
management of the lead-based paint and
asbestos-containing building materials.
(f) Other Terms.--The Secretary and the City may agree on such
additional terms as may be mutually acceptable and that are not
inconsistent with the provisions of this Act.
SEC. 3. RECEIPTS.
(a) In General.--The Secretary shall deposit all funds received
from the conveyance authorized under this Act, including the market
value consideration and the reimbursement for costs, into the Treasury
of the United States to be credited to the appropriation for the
Agricultural Research Service.
(b) Use of Funds.--Notwithstanding any limitation in applicable
appropriation Acts for the Department of Agriculture or the
Agricultural Research Service, all funds deposited into the Treasury
pursuant to subsection (a) shall--
(1) be available to the Secretary until expended, without
further appropriation, for the acquisition of land and
interests in land and other related purposes of the National
Animal Disease Center; and
(2) be considered to authorize the acquisition of land for
the purposes of section 11 of the Act of August 3, 1956 (7
U.S.C. 428a).
SEC. 4. STATUTORY PAY-AS-YOU-GO LANGUAGE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives July 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Requires conveyance of approximately 44 acres of federally owned land administered by the Agricultural Research Service which comprises part of the National Animal Disease Center (the property) in the city of Ames, Iowa, to the city of Ames and its assigns.
Requires the city: (1) to pay to the Secretary of Agriculture (USDA) the market value of the property, to be determined by an appraisal; and (2) at closing, to pay or reimburse the reasonable transaction and administrative costs associated with the conveyance incurred by the Secretary.
Requires the city and the Secretary to bear their own attorneys fees.
Requires the Secretary to meet disclosure requirements for hazardous substances, but to otherwise not be required to remediate or abate such substances or any other hazardous pollutants, contaminants, or waste that might be present on the property at the time of closing.
Bars requiring the Secretary to mitigate or abate any lead-based paint or asbestos-containing building materials present on the property at the time of closing. Sets forth the procedure the Secretary shall follow if the property has such paint or building materials present on it at that time.
Requires the deposit of funds received from the conveyance into the Treasury to be credited to the Agricultural Research Service and to be: (1) used for the acquisition of land and interests and other related purposes of the National Animal Disease Center; and (2) considered to authorize the acquisition of land as may be necessary for the USDA to carry out its work. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to convey certain Federally owned land located in Story County, Iowa."} | 1,261 | 312 | 0.578568 | 2.034035 | 0.791051 | 4.393103 | 4.006897 | 0.924138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Officer Dale Claxton Bulletproof
Police Protective Equipment Act of 2001''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) Officer Dale Claxton of the Cortez, Colorado, Police
Department was shot and killed by bullets that passed through
the windshield of his police car after he stopped a stolen
truck, and his life may have been saved if his police car had
been equipped with bullet-resistant equipment;
(2) the number of law enforcement officers who are killed
in the line of duty would significantly decrease if every law
enforcement officer in the United States had access to
additional bullet-resistant equipment;
(3) according to studies, between 1990 and 2000, 1,700 law
enforcement officers in the United States were shot and killed
in the line of duty;
(4) the Federal Bureau of Investigation estimates that the
risk of fatality to law enforcement officers while not wearing
bullet-resistant equipment, such as an armor vest, is 14 times
higher than for officers wearing an armor vest; and
(5) the Executive Committee for Indian Country Law
Enforcement Improvements reports that violent crime in Indian
country has risen sharply despite a decrease in the national
crime rate, and has concluded that there is a ``public safety
crisis in Indian country''.
(b) Purpose.--The purpose of this Act is to save lives of law
enforcement officers by helping State, local, and tribal law
enforcement agencies provide officers with bullet-resistant equipment
and video cameras.
SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET-RESISTANT
EQUIPMENT.
(a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
(1) by striking the part designation and part heading and
inserting the following:
``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT
``Subpart A--Grant Program for Armor Vests'';
(2) by striking ``this part'' each place that term appears
and inserting ``this subpart''; and
(3) by adding at the end the following:
``Subpart B--Grant Program for Bullet-Resistant Equipment
``SEC. 2511. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to purchase bullet-resistant equipment for use by State,
local, and tribal law enforcement officers.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the purchase of bullet-resistant equipment
for law enforcement officers in the jurisdiction of the
grantee.
``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1) has the greatest need for bullet-resistant equipment
based on the percentage of law enforcement officers in the
department who do not have access to a vest;
``(2) has a violent crime rate at or above the national
average as determined by the Federal Bureau of Investigation;
or
``(3) has not received a block grant under the Local Law
Enforcement Block Grant program described under the heading
`State and Local Law Enforcement Assistance' of the Departments
of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2001 (Public Law 106-553).
``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated 0.25
percent.
``(e) Maximum Amount.--A qualifying State, unit of local
government, or Indian tribe may not receive more than 5 percent of the
total amount appropriated in each fiscal year for grants under this
section, except that a State, together with the grantees within the
State may not receive more than 20 percent of the total amount
appropriated in each fiscal year for grants under this section.
``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(g) Allocation of Funds.--At least half of the funds available
under this subpart shall be awarded to units of local government with
fewer than 100,000 residents.
``SEC. 2512. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of
enactment of this subpart, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program, described
under the heading `State and Local Law Enforcement Assistance' of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2001 (Public Law 106-553), during a fiscal
year in which it submits an application under this subpart shall not be
eligible for a grant under this subpart unless the chief executive
officer of such unit of local government certifies and provides an
explanation to the Director that the unit of local government
considered or will consider using funding received under the block
grant program for any or all of the costs relating to the purchase of
bullet-resistant equipment, but did not, or does not expect to use such
funds for such purpose.
``SEC. 2513. DEFINITIONS.
``In this subpart--
``(1) the term `equipment' means windshield glass, car
panels, shields, and protective gear;
``(2) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(3) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
``(4) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(5) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.''.
(b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
``(23) There are authorized to be appropriated to carry out
part Y--
``(A) $25,000,000 for each of fiscal years 2002
through 2004 for grants under subpart A of that part;
and
``(B) $40,000,000 for each of fiscal years 2002
through 2004 for grants under subpart B of that
part.''.
SEC. 4. SENSE OF CONGRESS.
In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of Congress that entities receiving the assistance should, in expending
the assistance, purchase only American-made equipment and products.
SEC. 5. TECHNOLOGY DEVELOPMENT.
Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
``(e) Bullet-Resistant Technology Development.--
``(1) In general.--The Institute is authorized to--
``(A) conduct research and otherwise work to
develop new bullet-resistant technologies (i.e.,
acrylic, polymers, aluminized material, and transparent
ceramics) for use in police equipment (including
windshield glass, car panels, shields, and protective
gear);
``(B) inventory bullet-resistant technologies used
in the private sector, in surplus military property,
and by foreign countries; and
``(C) promulgate relevant standards for, and
conduct technical and operational testing and
evaluation of, bullet-resistant technology and
equipment, and otherwise facilitate the use of that
technology in police equipment.
``(2) Priority.--In carrying out this subsection, the
Institute shall give priority in testing and engineering
surveys to law enforcement partnerships developed in
coordination with high-intensity drug trafficking areas.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
fiscal years 2002 through 2004.''. | Officer Dale Claxton Bulletproof Police Protective Equipment Act of 2001 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States, local governments, and Indian tribes to purchase bullet resistant equipment for use by law enforcement officers.Sets forth provisions regarding permissible uses of grant funds, preferential consideration, minimum and maximum allocations, matching funds, awards to local governmental units with fewer than 100,000 residents, and application requirements.Expresses the sense of Congress that entities receiving assistance under this Act should purchase only American-made equipment and products.Authorizes the National Institute of Justice (NIJ) to: (1) conduct research and otherwise work to develop new bullet resistant technologies for use in police equipment; (2) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; and (3) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment.Directs NIJ to give priority in testing and engineering surveys to law enforcement partnerships developed in coordination with high intensity drug trafficking areas. | {"src": "billsum_train", "title": "A bill to establish a matching grant program to help State and local jurisdictions purchase bullet-resistant equipment for use by law enforcement departments."} | 2,263 | 254 | 0.561369 | 1.820081 | 0.765529 | 4.484716 | 9.126638 | 0.930131 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``More Border Patrol Agents Now Act of
2006''.
SEC. 2. BORDER PATROL AGENT ENHANCEMENT.
(a) Plan.--In order to address the recruitment and retention
challenges faced by the United States Border Patrol, the Secretary of
Homeland Security shall, not later than six months after the date of
the enactment of this Act, submit to the Committee on Homeland Security
and the Committee on Government Reform of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a plan to determine how the Border Patrol can better recruit and
retain Border Patrol agents with the appropriate skills and training to
effectively carry out its mission and responsibilities.
(b) Contents.--The plan shall include, at a minimum, the following
components:
(1) A strategy for the utilization of the recruitment
authority provided under subsection (b), as well as any other
strategies the Secretary determines to be important in
recruiting well-qualified Border Patrol agents.
(2) A strategy for the utilization of the retention
authority provided under subsection (b), as well as any other
strategies the Secretary determines to be important in
retaining well-qualified Border Patrol agents.
(3) An assessment of the impact that current pay levels for
Border Patrol agents has on the Department's ability to recruit
and retain Border Patrol agents, especially in high cost-of-
living areas.
(4) An assessment of whether increased flexibility in the
Department's ability to transfer Border Patrol agents between
duty stations would improve employee morale and enhance the
Department's ability to recruit and retain well-qualified
Border Patrol agents.
SEC. 3. RECRUITMENT AND RETENTION BONUSES FOR BORDER PATROL AGENT
ENHANCEMENT.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following new section:
``Sec. 9702. Border Patrol agent enhancement
``(a) Recruitment Bonuses for Border Patrol Agents.--
``(1) In general.--In order to carry out the plan described
in section 2(a) of the More Border Patrol Agents Now Act of
2006, the Secretary of Homeland Security may pay a bonus to an
individual to recruit a sufficient number of Border Patrol
agents.
``(2) Bonus amount.--
``(A) In general.--The amount of a bonus under this
subsection shall be determined by the Secretary, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved as of the beginning of the
period of service referred to in paragraph (3)(A).
``(B) Lump-sum.--A bonus under this subsection
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(3) Service agreements.--Payment of a bonus under this
section shall be contingent upon the individual entering into a
written service agreement with the United States Border Patrol.
The agreement shall include--
``(A) the period of service the individual shall be
required to complete in return for the bonus; and
``(B) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of such termination.
``(4) Limitation on eligibility.--A bonus under this
section may not be paid to recruit an individual for--
``(A) a position to which an individual is
appointed by the President, by and with the advice and
consent of the Senate;
``(B) a position in the Senior Executive Service as
a noncareer appointee (as defined in section 3132(a));
or
``(C) a position which has been excepted from the
competitive service by reason of its confidential,
policy-determining, policy-making, or policy-advocating
character.
``(5) Termination.--The authority to pay bonuses under this
subsection shall terminate five years after the date of the
enactment of this section.
``(b) Retention Bonuses for Border Patrol Agents.--
``(1) In general.--In order to carry out the plan described
in section 2(a) of the More Border Patrol Agents Now Act of
2006, the Secretary of Homeland Security may pay a retention
bonus to a Border Patrol agent.
``(2) Service agreement.--Payment of a bonus under this
subsection is contingent upon the employee entering into a
written service agreement with the United States Border Patrol
to complete a period of service with the Border Patrol. Such
agreement shall include--
``(A) the period of service the employee shall be
required to complete in return for the bonus; and
``(B) the conditions under which the agreement may
be terminated before the agreed-upon service period has
been completed, and the effect of such termination.
``(3) Bonus amount.--
``(A) In general.--The amount of a bonus under this
subsection shall be determined by the Secretary, but
may not exceed 25 percent of the annual rate of basic
pay of the position involved as of the beginning of the
period of service referred to in paragraph (2)(A).
``(B) Lump-sum.--A bonus under this subsection
shall be paid in the form of a lump-sum payment and
shall not be considered to be part of basic pay.
``(4) Limitation.--A bonus under this subsection may not be
based on any period of service which is the basis for a
recruitment bonus under subsection (a).
``(5) Termination of authority.--The authority to grant
bonuses under this subsection shall expire five years after the
date of the enactment of this section.
``(c) Waiver Authority Relating to Reemployed Annuitants.--
``(1) In general.--In order to help address the challenges
faced by the United States Border Patrol, the Secretary of
Homeland Security may appoint annuitants to positions within
the United States Border Patrol in accordance with succeeding
provisions of this subsection.
``(2) Exclusion from offset.--An annuitant serving in a
position within the United States Border Patrol pursuant to an
appointment made under paragraph (1)--
``(A) shall not be subject to the provisions of
section 8344 or 8468, as the case may be; and
``(B) shall not, for purposes of subchapter III of
chapter 83 or chapter 84, be considered an employee.
``(3) Limitations.--
``(A) Appointments.--The authority to make any
appointments under paragraph (1) shall terminate five
years after the date of the enactment of this
subsection.
``(B) Exclusion.--The provisions of paragraph (2)
shall not, in the case of any annuitant appointed under
paragraph (1), remain in effect--
``(i) with respect to more than five years
of service (in the aggregate); nor
``(ii) with respect to any service
performed after the end of the ten-year period
beginning on the date of the enactment of this
subsection.
``(4) Definition.--For purposes of this subsection, the
term `annuitant' has the meaning given such term by section
8331 or 8401, as the case may be.''.
(b) Conforming Amendment.--The table of contents for chapter 97 of
title 5, United States Code, is amended by adding at the end the
following:
``9702. Border Patrol agent enhancement.''. | More Border Patrol Agents Now Act of 2006 - Directs the Secretary of Homeland Security to submit to the House Committees on Homeland Security and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a plan to determine how the Border Patrol can better recruit and retain agents with the appropriate skills and training. Requires such plan to include: (1) recruitment and retention strategies; and (2) assessments of the impact of pay levels and duty station transfer opportunities upon recruitment and retention.
Amends federal law to authorize the Secretary (for five years) to pay a: (1) bonus to an individual to recruit Border Patrol agents; and (2) retention bonus to Border Patrol agents.
Authorizes the Secretary (for five years) to appoint annuitants to Border Patrol positions. | {"src": "billsum_train", "title": "To recruit and retain Border Patrol agents."} | 1,641 | 161 | 0.696705 | 1.914711 | 0.735974 | 3.642384 | 10.18543 | 0.927152 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Occupancy Furniture
Flammability Act'' or ``SOFFA''.
SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STANDARD AS A FEDERAL
STANDARD.
(a) Definitions.--In this section--
(1) the term ``bedding product'' means--
(A) an item that is used for sleeping or sleep-
related purposes; or
(B) any component or accessory with respect to an
item described in subparagraph (A), without regard to
whether the component or accessory, as applicable, is
used--
(i) alone; or
(ii) along with, or contained within, that
item;
(2) the term ``California standard'' means the standard set
forth by the Bureau of Electronic and Appliance Repair, Home
Furnishings and Thermal Insulation of the Department of
Consumer Affairs of the State of California in Technical
Bulletin 117-2013, entitled ``Requirements, Test Procedure and
Apparatus for Testing the Smolder Resistance of Materials Used
in Upholstered Furniture'', originally published June 2013, as
in effect on the date of enactment of this Act;
(3) the terms ``foundation'' and ``mattress'' have the
meanings given those terms in section 1633.2 of title 16, Code
of Federal Regulations, as in effect on the date of enactment
of this Act; and
(4) the term ``upholstered furniture''--
(A) means an article of seating furniture that--
(i) is intended for indoor use;
(ii) is movable or stationary;
(iii) is constructed with a contiguous
upholstered--
(I) seat; and
(II)(aa) back; or
(bb) arm;
(iv) is--
(I) made or sold with a cushion or
pillow, without regard to whether that
cushion or pillow, as applicable, is
attached or detached with respect to
the article of furniture; or
(II) stuffed or filled, or able to
be stuffed or filled, in whole or in
part, with any material, including a
substance or material that is hidden or
concealed by fabric or another
covering, including a cushion or pillow
belonging to, or forming a part of, the
article of furniture; and
(v) together with the structural units of
the article of furniture, any filling material,
and the container and covering with respect to
those structural units and that filling
material, can be used as a support for the body
of an individual, or the limbs and feet of an
individual, when the individual sits in an
upright or reclining position;
(B) includes an article of furniture that is
intended for use by a child; and
(C) does not include--
(i) a mattress;
(ii) a foundation;
(iii) any bedding product; or
(iv) furniture that is used exclusively for
the purpose of physical fitness and exercise.
(b) Adoption of Standard.--
(1) In general.--Beginning on the date that is 180 days
after the date of enactment of this Act, and except as provided
in paragraph (2), the California standard shall be considered
to be a flammability standard promulgated by the Consumer
Product Safety Commission under section 4 of the Flammable
Fabrics Act (15 U.S.C. 1193).
(2) Testing and certification.--A fabric, related material,
or product to which the California standard applies as a result
of paragraph (1) shall not be subject to section 14(a) of the
Consumer Product Safety Act (15 U.S.C. 2063(a)).
(c) Preemption.--
(1) In general.--Notwithstanding section 16 of the
Flammable Fabrics Act (15 U.S.C. 1203) and section 231 of the
Consumer Product Safety Improvement Act of 2008 (15 U.S.C. 2051
note), and except as provided in subparagraphs (B) and (C) of
paragraph (2), no State or any political subdivision of a State
may establish or continue in effect any provision of a
flammability law, regulation, code, standard, or requirement
that is designed to protect against the risk of occurrence of
fire, or to slow or prevent the spread of fire, with respect to
upholstered furniture.
(2) Preservation of certain state law.--Nothing in this Act
or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be
construed to preempt or otherwise affect--
(A) any State or local law, regulation, code,
standard, or requirement that--
(i) concerns health risks associated with
upholstered furniture; and
(ii) is not designed to protect against the
risk of occurrence of fire, or to slow or
prevent the spread of fire, with respect to
upholstered furniture;
(B) sections 1374 through 1374.3 of title 4,
California Code of Regulations (except for subsections
(b) and (c) of section 1374 of that title), as in
effect on the date of enactment of this Act; or
(C) the California standard. | Safer Occupancy Furniture Flammability Act or SOFFA This bill adopts a state flammability standard established by California as a federal standard to protect against the risk of upholstered-furniture flammability. | {"src": "billsum_train", "title": "Safer Occupancy Furniture Flammability Act"} | 1,151 | 52 | 0.483737 | 1.24221 | 0.723585 | 2.40625 | 32.375 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Financial Choice and
Capital Markets Protection Act of 2015''.
SEC. 2. TREATMENT OF MONEY MARKET FUNDS UNDER THE INVESTMENT COMPANY
ACT OF 1940.
The Investment Company Act of 1940 (15 U.S.C. 80a et seq.) is
amended by adding at the end the following:
``SEC. 66. MONEY MARKET FUNDS.
``(a) Election To Be Treated as Money Market Fund.--Notwithstanding
any other provision of this title, any open-end investment company (or
a separate series thereof) may elect, in its registration statement
filed under section 8, to be a money market fund and may compute the
current price per share, for purposes of distribution or redemption and
repurchase, of any redeemable security issued by the company using the
amortized cost method of valuation, or the penny-rounding method of
pricing, regardless of whether its shareholders are limited to natural
persons, if--
``(1) the company or series has as its objective the
generation of income and preservation of capital through
investment in short-term, high-quality debt securities;
``(2) the company or series elects to maintain a stable net
asset value per share or stable price per share, by virtue of
the amortized cost valuation method, as that term is defined in
section 270.2a-7(a)(2) of title 17, Code of Federal
Regulations, as in effect on the date of enactment of this
section, and in accordance with the requirements specified with
respect to the use of the amortized cost valuation method as
set forth in that section, as in effect on the date of
enactment of this section, or the penny-rounding pricing
method, as that term is defined in section 270.2a-7(a)(21) of
title 17, Code of Federal Regulations, as in effect on the date
of enactment of this section, and in accordance with the
requirements specified with respect to the use of the penny-
rounding pricing method as set forth in that section, as in
effect on the date of enactment of this section, the board of
directors of the company has determined, in good faith, that--
``(A) it is in the best interests of the company or
series, and its shareholders, to do so; and
``(B) the money market fund will continue to use
such method or methods only as long as the board of
directors believes that the resulting share price
fairly reflects the market-based net asset value per
share of the company or series; and
``(3) the company or series agrees to comply with such
quality, maturity, diversification, and liquidity requirements,
including reasonable procedural and recordkeeping requirements
and provisions relating to liquidity fees and restrictions on
redemptions, as the Commission, by rule or regulation or order,
may prescribe or has prescribed as necessary or appropriate in
the public interest or for the protection of investors to the
extent that such requirements and provisions are not
inconsistent with this section.
``(b) Prohibition Against Federal Government Bailouts of Money
Market Funds.--
``(1) Definitions.--In this subsection--
``(A) the term `covered Federal assistance' means
Federal assistance used for the purpose of--
``(i) making any loan to, or purchasing any
stock, equity interest, or debt obligation of,
any money market fund;
``(ii) guaranteeing any loan or debt
issuance of any money market fund; or
``(iii) entering into any assistance
arrangement (including tax breaks), loss
sharing, or profit sharing with any money
market fund; and
``(B) the term `Federal assistance' means--
``(i) insurance or guarantees by the
Federal Deposit Insurance Corporation;
``(ii) transactions involving the Secretary
of the Treasury; or
``(iii) the use of any advances from any
Federal Reserve credit facility or discount
window that is not part of a program or
facility with broad-based eligibility
established in unusual or exigent
circumstances.
``(2) Prohibition.--Notwithstanding any other provision of
law (including regulations), covered Federal assistance may not
be provided directly to any money market fund.
``(c) Disclosure of the Prohibition Against Federal Government
Bailouts of Money Market Funds.--No principal underwriter of a
redeemable security issued by a money market fund nor any dealer shall
offer or sell any such security to any person unless the prospectus of
the money market fund and any advertising or sales literature for such
fund prominently discloses the prohibition against direct covered
Federal assistance as described in subsection (b). The Commission may,
after consultation with and taking into account the views of the Board
of Governors of the Federal Reserve System, the Federal Deposit
Insurance Corporation, and the Department of the Treasury, adopt rules
and regulations, and issue orders consistent with the protection of
investors, prescribing the manner in which the disclosure under this
subsection shall be provided.
``(d) Continuing Obligation To Meet Requirements of This Title.--A
company that elects to be a money market fund in accordance with
subsection (a) or is otherwise a money market fund operating in
accordance with the rules and regulations of the Commission applicable
to money market funds shall remain subject to the provisions of this
title and the rules and regulations of the Commission thereunder that
would otherwise apply to a registered open-end company, as long as
those provisions do not conflict with the provisions of this
section.''. | Consumer Financial Choice and Capital Markets Protection Act of 2015 This bill amends the Investment Company Act of 1940 to authorize any open-end investment company to elect, in its registration statement, to be a money market fund and to compute the current price per share, for purposes of distribution or redemption and repurchase, of any redeemable security issued by the company using the amortized cost method of valuation or the penny-rounding method of pricing, regardless of whether its shareholders are limited to natural persons, if: the company's objective is the generation of income and preservation of capital through investment in short-term, high-quality debt securities; the company elects to maintain a stable net asset value per share or stable price per share, by virtue of such methods, and the board of directors of the company has determined in good faith that it is in the best interests of the company and its shareholders to do so and that the money market fund will continue to use such method(s) only as long as the board believes that the resulting share price fairly reflects the market-based net asset value per share of the company; and the company agrees to comply with such quality, maturity, diversification, and liquidity requirements as the Securities and Exchange Commission (SEC) prescribes as necessary or appropriate in the public interest or for the protection of investors, if consistent with this Act. The bill prohibits covered federal assistance from being provided directly to any money market fund. The bill defines: (1) "covered federal assistance " as federal assistance used for the purpose of making any loan to, or purchasing any stock, equity interest, or debt obligation of, any money market fund, guaranteeing any loan or debt issuance of any money market fund, or entering into any assistance arrangement, loss sharing, or profit sharing with any money market fund; and (2) "federal assistance" as insurance or guarantees by the Federal Deposit Insurance Corporation, transactions involving the Secretary of the Treasury, or the use of any advances from any Federal Reserve credit facility or discount window that is not part of a program or facility with broad-based eligibility established in unusual or exigent circumstances. No principal underwriter of a redeemable security issued by a money market fund nor any dealer shall offer or sell any such security to any person unless the prospectus of the money market fund and any advertising or sales literature for such fund prominently discloses such prohibition against direct covered federal assistance. A company that elects to be a money market fund shall remain subject to the provisions of this Act and SEC rules and regulations that would otherwise apply to a registered open-end company, if consistent with this Act. | {"src": "billsum_train", "title": "Consumer Financial Choice and Capital Markets Protection Act of 2015"} | 1,213 | 561 | 0.656032 | 2.26772 | 0.762846 | 6.494208 | 2.200772 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National September 11 Memorial and
Museum Act of 2011''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) on September 11, 2001, the United States was attacked
and our world was changed forever when terrorists murdered
nearly 3,000 innocent people at the World Trade Center, at the
Pentagon, and in a field in Shanksville, Pennsylvania, in the
largest terrorist attack ever committed in the United States;
(2) millions of people from every State and every country
have visited Ground Zero to pay their respects;
(3) established in 2003, the National September 11 Memorial
and Museum at the World Trade Center Foundation, Inc., a
nonprofit organization described in section 501(c)(3) of the
Internal Revenue Code of 1986, has been dedicated to raising
funds for and overseeing the design, construction, and
operation of the Memorial and Museum at the World Trade Center
site;
(4) the Memorial will ensure that future generations never
forget the thousands of people who were killed by the terrorist
attack on September 11th, 2001, in New York, Pennsylvania, and
Virginia, as well as those who died in the terrorist bombing at
the World Trade Center on February 26, 1993;
(5) the Memorial--
(A) will further recognize the thousands who
survived the terrorist attacks and all who demonstrated
extraordinary compassion in the aftermath;
(B) will ensure, through educational programs, that
the history of September 11, 2011, and the implications
of that day, continue to be told, especially to the
youth of the United States; and
(C) will be a resource to the more than 600
September 11 Memorials being established throughout the
United States;
(6) the Memorial is scheduled to open on the 10th
anniversary of the terrorist attacks, while the Museum is
scheduled to open in 2012;
(7) it is projected that the Memorial will be one of the
most visited venues in the United States, with millions of
visitors each year, reflecting the enormous impact the
terrorist attacks had on the United States and the world;
(8) throughout the history of the United States, Congress
has stepped forward to authorize operating funds, in public and
private partnership with private donors, for memorials and
museums of national significance;
(9) the Memorial is a true public and private partnership,
recognized as a public charity under the Internal Revenue Code
of 1986; and
(10) of the funds raised for the Memorial and Museum--
(A) nearly 60 percent have come from over 300,000
private donations; and
(B) 40 percent have come from public sources.
(b) Purpose.--The purpose of this Act is to promote the purposes of
the Memorial, including--
(1) remembering and honoring the thousands of innocent men,
women, and children murdered by terrorists in the horrific
attacks of February 26, 1993, and September 11, 2001;
(2) respecting the site made sacred through tragic loss;
(3) recognizing--
(A) the endurance of the individuals who survived
the terrorist attacks;
(B) the courage of the individuals who risked their
lives to save others; and
(C) the compassion of the individuals who supported
the people of the United States in our darkest hours;
(4) ensuring, through educational programs, that the
history of September 11, 2001, and the implications of that day
continue to be told, especially to the youth of the United
States; and
(5) ensuring that the Memorial will be a resource to the
more than 600 September 11 Memorials being established
throughout the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Board of Directors
of the National September 11 Memorial and Museum at the World
Trade Center Foundation, Inc.
(2) Memorial.--The term ``Memorial'' means The National
September 11 Memorial and Museum at the World Trade Center in
New York City, New York.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. DONATION OF MEMORIAL.
(a) In General.--The Secretary may accept from the Board the
donation of title to the Memorial, subject to--
(1) any terms and conditions that the Secretary and the
Board may mutually agree to;
(2) the approval of the donation by the Governor of the
State of New York, the Governor of the State of New Jersey, and
the Mayor of the City of New York; and
(3) the requirement that title to the Memorial be in a form
satisfactory to the Secretary.
(b) Technical and Financial Assistance.--
(1) In general.--The Secretary may provide technical and
financial assistance to the Board relating to the operation of
the Memorial.
(2) Consultation.--The Secretary may consult with, and seek
technical assistance from, the Secretary of Defense, Secretary
of Education, Secretary of Homeland Security, Secretary of
Housing and Urban Development, and Administrator of General
Services in providing assistance to the Board under paragraph
(1).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act not
more than $20,000,000 for fiscal year 2013 and each fiscal year
thereafter, subject to the requirement that any funds appropriated to
carry out this Act shall be matched with funds from non-Federal
sources. | National September 11 Memorial and Museum Act of 2011- Authorizes the Secretary of the Interior to accept from the Board of Directors of the National September 11 Memorial and Museum at the World Trade Center Foundation, Inc., the donation of title to the National September 11 Memorial and Museum at the World Trade Center in New York City, New York.
Requires approval of the donation by the governor of New York, the governor of New Jersey, and the mayor of New York City.
Authorizes the Secretary to: (1) provide technical and financial assistance to the Board that is related to the operation of the Memorial; and (2) consult with and seek technical assistance from the Secretaries of Defense (DOD), Education, Homeland Security (DHS), Housing and Urban Development (HUD), and the Administrator of General Services (GSA) in providing such technical and financial assistance to the Board. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to accept from the Board of Directors of the National September 11 Memorial and Museum at the World Trade Center Foundation, Inc., the donation of title to The National September 11 Memorial and Museum at the World Trade Center, and for other purposes."} | 1,123 | 179 | 0.523325 | 1.58285 | 0.654729 | 4.150289 | 6.560694 | 0.936416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Tampering of Prescription Pills
Act of 2013''.
SEC. 2. ABUSE-DETERRENT TECHNOLOGY.
(a) Definition.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ss) The term `abuse-deterrent drug' means a drug that--
``(1) contains as an active moiety a controlled substance
that has been classified as opium, an opiate, or a derivative
thereof, as such terms are defined or used in section 102 of
the Controlled Substances Act;
``(2) has been formulated for oral administration; and
``(3)(A) exhibits physicochemical properties (demonstrated
by in vitro, in vivo, or other testing, or some combination
thereof, as determined appropriate by the Secretary) that make
product manipulation significantly more difficult or
ineffective in altering the characteristics of the drug for
purposes of misuse or abuse when compared to drugs without such
properties; or
``(B) contains one or more additional active or inactive
ingredients that are intended to deter abuse through potential
pharmacological effects, the effectiveness of which has been
demonstrated by at least one adequate and well-controlled
investigation.''.
(b) Required Information in Application for Approval of Brand Name
Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(b)) is amended by adding at the end the following:
``(7) Abuse-deterrent drugs.--If an application submitted
under this subsection is potentially subject to refusal under
subsection (d)(7), the application shall include such
information as the Secretary determines necessary to
demonstrate that the application is not subject to such
refusal.''.
(c) Approval of New Brand Name Drugs.--Section 505(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended--
(1) by inserting ``(7)(A) such drug has been formulated for
oral administration; (B) such drug contains as an active moiety
a controlled substance that has been classified as opium, an
opiate, or a derivative thereof, as such terms are defined or
used in section 102 of the Controlled Substances Act; (C) such
drug is not an abuse-deterrent drug; and (D) the Secretary has
previously approved pursuant to an application submitted under
subsection (b) or (j) a drug that (i) contains the same active
moiety; (ii) is an abuse-deterrent drug, and (iii) has not been
discontinued from marketing; or'' after ``(6) the application
failed to contain the patent information prescribed by
subsection (b); or'';
(2) by striking ``(7) based on fair'' and inserting ``(8)
based on fair'';
(3) by striking ``clauses (1) through (6)'' and inserting
``paragraphs (1) through (7)''; and
(4) by inserting ``The Secretary may issue an order
approving an application, even if paragraph (7) applies, upon a
finding that paragraphs (1) through (6) and paragraph (8) do
not apply and that such approval is necessary either to prevent
or alleviate a drug shortage or to otherwise address a
significant unmet public health need.'' before ``As used in
this subsection and subsection (e)''.
(d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)) is amended--
(1) in paragraph (2)--
(A) subparagraph (A)--
(i) in clause (vii), by striking ``and'' at
the end;
(ii) in clause (viii), by striking the
period at the end and inserting ``; and'';
(iii) by inserting after clause (viii) the
following:
``(ix) if the listed drug is an abuse-deterrent drug due to
its physicochemical properties, information from comparative in
vitro, in vivo, or other testing, or some combination thereof,
as appropriate based on the type of data submitted for the
listed drug, that demonstrates the new drug resists
manipulation or the effect of manipulation to a degree at least
comparable to the listed drug.''; and
(iv) in the continuation text at the end of
the subparagraph, by striking ``clauses (i)
through (viii)'' and inserting ``clauses (i)
through (ix)'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) that the listed drug is an abuse-deterrent drug and
one or more of the new drug's active moieties differ in any
material respect (in amount or otherwise) from those of the
listed drug.'';
(2) in paragraph (5), by adding at the end the following:
``(G) If a drug has been approved pursuant to an application
submitted under paragraph (2), and thereafter the listed drug referred
to in the application becomes an abuse-deterrent drug, the drug so
approved shall not be considered to be bioequivalent to, or to have the
same therapeutic effect as, the listed drug (as described in paragraph
(2)(A)(iv)) unless and until the drug so approved has been found by the
Secretary to meet the requirements of paragraph (2)(A)(ix).''; and
(3) in paragraph (6)--
(A) by striking ``(6) If a drug'' and inserting
``(6)(A) If a drug'';
(B) by striking ``(A) for the'' and inserting ``(i)
for the'';
(C) by striking ``(B) if the'' and inserting ``(ii)
if the''; and
(D) by adding at the end the following:
``(B) For purposes of this paragraph and paragraph (7)(C), a
withdrawal or suspension of a drug formulated for oral administration
shall be considered to have been for safety or effectiveness reasons
if--
``(i) the approval of a listed drug, which is not an abuse-
deterrent drug, is withdrawn or suspended, or a listed drug,
which is not an abuse-deterrent drug, is withdrawn from sale;
and
``(ii) the Secretary has previously approved pursuant to an
application under subsection (b) a drug that--
``(I) is in the same dosage form;
``(II) contains the same controlled substance as an
active moiety;
``(III) is an abuse-deterrent drug; and
``(IV) has not been discontinued from marketing.''.
(e) Withdrawal of Previously Approved Brand Name and Generic
Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(e)) is amended--
(1) by inserting ``or (6)(A) the drug contains as an active
moiety a controlled substance that has been classified as
opium, an opiate, or a derivative thereof, as such terms are
defined or used in section 102 of the Controlled Substances
Act; (B) the drug is formulated for oral administration; (C)
the drug is not an abuse-deterrent drug; and (D) the Secretary
has previously approved pursuant to an application submitted
under subsection (b) or (j) a drug that contains the same
active moiety, is an abuse-deterrent drug, and has not been
discontinued from marketing'' before ``: Provided,''; and
(2) by adding at the end the following: ``The Secretary may
waive the application of paragraph (6) of the first sentence of
this subsection in the case of a drug intended for use in a
special needs population. In withdrawing (under paragraph (6)
of the first sentence of this subsection) the approval of an
application with respect to any drug, the Secretary shall, on a
case-by-case basis, delay the effective date of such withdrawal
for a period deemed sufficient by the Secretary to give the
sponsor an opportunity to obtain approval under this section
for a formulation of the drug meeting the criteria described in
paragraph (2) of the definition of a `abuse-deterrent drug' in
section 201(ss).''.
(f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the
following:
``(D) Beginning 60 days after the date of the enactment of the Stop
Tampering of Prescription Pills Act of 2013, the Secretary shall--
``(i) include in the list under subparagraph (A) a list of
each drug or category of drugs which the Secretary has found to
be abuse-deterrent drugs; and
``(ii) update the list under subparagraph (A)--
``(I) to remove from the list of abuse-deterrent
drugs any drug the Secretary later determines is not an
abuse-deterrent drug; and
``(II) as required by subparagraph (C) to reflect
the application of paragraph (6)(B) to drugs that are
withdrawn or suspended.''. | Stop Tampering of Prescription Pills Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act to prescribe new drug application requirements for abuse-deterrent drugs: (1) containing as an active moiety (the part of the drug that makes it work the way it does) a controlled substance classified as opium, an opiate, or a derivative; (2) formulated for oral administration; (3) exhibiting physicochemical properties making them significantly more difficult or ineffective in altering the drug's characteristics for purposes of misuse or abuse; and (4) containing one or more additional ingredients intended to deter abuse through potential pharmacological effects. Requires the Secretary to refuse a new drug application for any new (brand name) drug containing opium, an opiate, or a derivative as an active moiety that is not abuse-deterrent if an abuse-deterrent drug containing the same active moiety has been approved and has not been discontinued from marketing. Authorizes the Secretary to approve an application failing to meet such requirements, however, if approval is necessary to prevent or alleviate a drug shortage or otherwise address a significant unmet public health need. Requires an abbreviated new (generic) drug application for an abuse-deterrent drug to include testing information demonstrating that the generic drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Authorizes the Secretary to deny approval of a generic application if the listed drug is abuse-deterrent and one or more of the generic drug's active moieties differ in any material respect from those of the listed drug. Declares that an approved generic drug shall not be considered bioequivalent to, or as having the same therapeutic effect as, a listed drug if the listed drug becomes abuse-deterrent unless and until the generic drug demonstrates that it resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Prescribes requirements governing when a drug which is not abuse-deterrent may have its approval withdrawn or suspended. | {"src": "billsum_train", "title": "Stop Tampering of Prescription Pills Act of 2013"} | 2,232 | 471 | 0.705916 | 2.326921 | 0.854297 | 3.857143 | 5.285714 | 0.915344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Royalty Collection Reform Act of
1997''.
SEC. 2. TRANSFER OF OIL AND GAS ROYALTY AUDITING FUNCTIONS; ENSURING
RECEIPT OF ROYALTIES BY UNITED STATES GOVERNMENT.
(a) Transfer of Functions.--There are transferred from the
Secretary of the Interior to the Secretary of the Treasury the
functions of the Secretary of the Interior relating to auditing and
reconciling oil and gas production activities on lease sites on Federal
and Indian lands, including all functions of the Secretary of the
Interior under the Federal Oil and Gas Royalty Management Act of 1982
(30 U.S.C. 1711).
(b) Ensuring Receipt of Royalties.--Section 101 of the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C. 1701) is amended by
adding at the end the following new subsection:
``(d) In implementing this Act and in performing under other
Federal laws functions relating to auditing and reconciling oil and gas
production activities on lease sites on Federal and Indian lands, the
Secretary shall exercise all available authorities to ensure that the
Government of the United States receives all amounts of oil and gas
royalties to which it is entitled.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Federal Oil and Gas Royalty Management Act of 1982.--
(1) Section 3(15) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1702(3)) is amended to read
as follows:
``(15) `Secretary' means the Secretary of the Treasury,
except that in sections 111(e), 114, 303, and 304 the term
means the Secretary of the Interior;''.
(2) Section 106 of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1716) is amended by inserting
``or the Department of the Treasury'' after ``Interior''.
(3) Section 108(b) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1718(b)) is amended in the
first sentence by inserting ``of the Treasury or the Secretary
of the Interior'' after ``Secretary''.
(4) Section 108(c) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1718(c)) is amended by
inserting ``of the Treasury and the Secretary of the Interior''
after ``Secretary''.
(5) Section 101(c)(2) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1711(c)(2)) is amended to
read as follows:
``(2) The Secretary may enter into contracts or other appropriate
arrangements with independent certified public accountants, or other
entities, that have knowledge of the financial practices and applicable
accounting procedures of oil and gas producers, to undertake audits of
accounts and records of any lessee or operator relating to the lease of
oil or gas. Selection of such independent certified accountants and
entities shall be by competitive bidding in accordance with title III
of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.), except that the Secretary may not enter into a
contract or other arrangement with any independent certified public
accountant or other entity to audit a lessee or operator if such lessee
or operator is a primary audit client of such certified public
accountant or other entity.''.
SEC. 4. REFERENCES.
Any reference in any other Federal law, Executive order, rule,
regulation, or delegation of authority, or any document of or
pertaining to a function transferred by this Act--
(1) to the Secretary of the Interior or to an officer of
the Department of the Interior is deemed to refer to the
Secretary of the Treasury; or
(2) to an office or agency of the Department of the
Interior is deemed to refer to the Department of the Treasury.
SEC. 5. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, the Secretary of the Treasury
may, for purposes of performing the functions transferred by this Act,
exercise all authorities under any other provision of law that were
available with respect to the performance of that function to the
Secretary of the Interior or any other officer of the Department of the
Interior immediately before the effective date of the transfer of the
function under this Act.
SEC. 6. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Secretary of the
Interior, any officer or employee of the Department of the
Interior, or any other Government official, or by a court of
competent jurisdiction, in the performance of any function that
is transferred by this Act, and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to their
terms as in effect on such effective date),
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary of the Treasury, any other authorized
official, a court of competent jurisdiction, or operation of law.
(b) Proceedings.--This Act shall not affect any proceedings or any
application for any benefits, service, license, permit, certificate, or
financial assistance pending on the date of the enactment of this Act
before regarding a function transferred by this Act, but such
proceedings and applications shall be continued. Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this Act had not been
enacted, and orders issued in any such proceeding shall continue in
effect until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or by
operation of law. Nothing in this subsection shall be considered to
prohibit the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this Act had not
been enacted.
(c) Suits.--This Act shall not affect suits commenced before the
date of the enactment of this Act, and in all such suits, proceeding
shall be had, appeals taken, and judgments rendered in the same manner
and with the same effect as if this Act had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of the Interior or the Secretary
of the Interior, or by or against any individual in the official
capacity of such individual as an officer or employee of the Department
of the Interior, shall abate by reason of the enactment of this Act.
(e) Continuance of Suits.--If any Government officer in the
official capacity of such officer is party to a suit with respect to a
function of the officer, and under this Act such function is
transferred to any other officer or office, then such suit shall be
continued with the other officer or the head of such other office, as
applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except as
otherwise provided by this Act, any statutory requirements relating to
notice, hearings, action upon the record, or administrative or judicial
review that apply to any function transferred by this Act shall apply
to the exercise of such function by the head of the Federal agency, and
other officers of the agency, to which such function is transferred by
this Act.
SEC. 7. TRANSFER OF ASSETS.
(a) In General.--Except as otherwise provided in this Act, so much
of the property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available, or to be
made available in connection with a function transferred to the
Secretary of the Treasury by this Act shall be available to the
Secretary of the Treasury at such time or times as the Director of the
Office of Management and Budget directs for use in connection with the
function transferred.
(b) Personnel.--The Director of the Office of Management and Budget
shall provide to the Secretary of the Treasury such personnel
acquisition authority as the Secretary determines to be adequate to
carry out functions transferred to the Secretary of the Treasury under
this Act.
(c) Transition Plan.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of the Treasury and the Secretary
of the Interior shall jointly prepare and submit to the Congress a plan
ensuring orderly transition in the performance of functions and
transfer of assets in accordance with this Act within not later than 1
year after that date of enactment.
SEC. 8. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or otherwise
provided in this Act, the Secretary of the Treasury may delegate any of
the functions so transferred under this Act to such officers and
employees of the Department of the Treasury as the Secretary may
designate, and may authorize successive redelegations of such functions
as may be necessary or appropriate. No delegation of functions under
this section or under any other provision of this Act shall relieve the
official to whom a function is transferred under this Act of
responsibility for the administration of the function.
SEC. 9. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET
WITH RESPECT TO FUNCTIONS TRANSFERRED.
(a) Determinations.--If necessary, the Director shall make any
determination of the functions that are transferred under this Act.
(b) Incidental Transfers.--The Director, at such time or times as
the Director shall provide, may make such determinations as may be
necessary with regard to the functions transferred by this Act, and to
make such additional incidental dispositions of personnel, assets,
liabilities, grants, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be made available
in connection with such functions, as may be necessary to carry out the
provisions of this Act. The Director shall provide for the termination
of the affairs of all entities terminated by this Act and for such
further measures and dispositions as may be necessary to effectuate the
purposes of this Act.
SEC. 10. DEFINITIONS.
For purposes of this Act--
(1) the term ``Director'' means the Director of the Office
of Management and Budget;
(2) the term ``function'' includes any duty, obligation,
power, authority, responsibility, right, privilege, activity,
or program; and
(3) the term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof. | Royalty Collection Reform Act of 1997 - Transfers from the Secretary of the Interior to the Secretary of the Treasury the functions of reconciling and auditing oil and gas production activities on lease sites on Federal and Indian lands (including all functions under the Federal Oil and Gas Royalty Management Act of 1982).
Amends the Act to make technical and conforming amendments. | {"src": "billsum_train", "title": "Royalty Collection Reform Act of 1997"} | 2,430 | 79 | 0.624542 | 1.48398 | 1.005215 | 6.253731 | 33.014925 | 0.940299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of State Review Act''.
SEC. 2. ESTABLISHMENT OF DEPARTMENT OF STATE REVIEW PANEL.
(a) Findings.--The Congress makes the following findings:
(1) The Department of State, established in 1789, is
responsible for representing the worldwide interests of the
United States and its citizens and for advancing the policies
of the United States.
(2) The Department operates 257 posts in more than 180
countries throughout the world, has approximately 21,500 full-
time personnel, and has a budget of approximately
$8,000,000,000.
(3) There have been dramatic changes in the world in which
the Department must function, including changes in technology,
changes in religious, ethnic, and regional conflicts, and
changes in economic, political, and military relationships.
Moreover, the world has witnessed the spread of weapons of mass
destruction and the spread of terrorism. Yet, there has been
little change in the organization and structure of the
Department or its posts throughout the world.
(4) The Department and all United States diplomatic efforts
should be the subject of a comprehensive review by an
independent panel to assess how the Department can best fulfill
its mission in the 21st century and meet the challenges of a
rapidly changing world.
(b) Establishment.--Not later than September 1, 2004, there shall
be established a nonpartisan independent panel to be known as the
Department of State Review Panel (in this section referred to as the
``Panel''). The Panel shall have the duties set forth in this section.
(c) Membership.--
(1) Composition and qualifications.--The Panel shall be
composed of ten members who are individuals in the private
sector who are recognized experts in matters relating to
foreign affairs and the national security of the United States.
(2) Appointment.--Members of the Panel shall be appointed
as follows:
(A) Three members appointed by the Speaker of the
House of Representatives.
(B) Three members appointed by the Majority Leader
of the Senate.
(C) Two members appointed by the Minority Leader of
the House of Representatives.
(D) Two members appointed by the Minority Leader of
the Senate.
(3) Chairperson.--The Panel shall have a chairperson who
shall be selected by the members of the panel from among the
members.
(d) Report.--Not later than 12 months after the appointment of the
last member to the Panel, the Panel shall prepare and submit to the
Congress a comprehensive report. The report shall include the
following:
(1) A review of current structures of the Department of
State and related agencies, including the organization and
operation of the embassies and consulates of the United States
abroad, to determine how best to efficiently and effectively--
(A) represent the interests of the United States
throughout the world;
(B) advance the policies of the United States;
(C) cooperate and integrate with other government
agencies and departments, including the Department of
Defense, the Department of Homeland Security, the
Department of the Treasury, the Department of Commerce,
the Office of the United States Trade Representative,
the Agency for International Development, the Drug
Enforcement Agency, and the intelligence agencies of
the United States; and
(D) meet the anticipated roles and missions of such
entities in the future.
(2) Recommendations on any structural reorganization at the
Department of State and United States embassies and consulates,
including the following:
(A) Whether any geographical desks should be added,
combined, or eliminated, including an examination of
whether an ``American Affairs'' desk should be
established within the Office of the Under Secretary
for Political Affairs.
(B) Whether any of the positions of Under or
Assistant Secretary of State should be combined or
eliminated, or any additional positions of Under or
Assistant Secretary of State should be created,
including an examination of whether a senior level
position should be established to analyze and assess
future challenges for the Department, and if needed,
whether the position should be an Under or Assistant
Secretary of State.
(C) Whether a military attache should be stationed
at each embassy and whether a member of any other
Federal agency should be stationed at all or specific
embassies worldwide.
(3) Suggestions for changes in organization and process to
ensure that the efforts of the United States to communicate
effectively with other governments and engage in public
diplomacy are successful.
(4) Suggestions for changes in structures to better
formulate and implement the foreign policy of the United
States.
(5) An independent assessment of the challenges the
Department of State may face through the year 2020 and beyond.
(6) A comprehensive review of how the Department of State,
the embassies and consulates of the United States, and
diplomatic and other personnel and delegations are organized to
handle efficiently future risks, including any recommended
structural or internal changes that may be necessary to meet
future challenges to the national interest of the United
States.
(7) The planning assumptions used in the review conducted
by the Panel, including assumptions relating to cooperation,
communication with allies, levels of risk, real-time
situational awareness, and instantaneous communication.
(8) An examination of the forward presence and pre-
positioning necessary by the Department of State for
negotiation and conflict deterrence in response to anticipated
threats and conflicts.
(9) An examination of the current information
infrastructure and technologies at the Department of State and
recommendations on how these technologies should be updated,
changed, or replaced for optimum utilization by the year 2008
and beyond.
(10) An examination of ways the Department of State
develops scenarios that may require a Department response, and
recommendations for improving this process to incorporate
nontraditional threat planning scenarios and input from other
Federal agencies and nongovernmental organizations.
(11) Recommendations regarding future personnel policies of
the Department of State, including the following:
(A) Whether an anticipated need exists for
additional personnel who possess certain language
skills, functional skills, and educational background.
(B) Whether the Department of State should examine
nontraditional recruitment and training efforts,
including policies related to lateral transfers of
personnel from other government agencies or the private
sector, to meet Department of State needs.
(e) Information From Federal Agencies.--The Panel may secure
directly from the Department of State and from any other Federal agency
such information as the Panel considers necessary to carry out its
duties under this section. The head of the agency concerned shall
ensure that information requested by the Panel under this subsection is
promptly provided.
(f) Personnel Matters.--
(1) Compensation of members.--Each member of the Panel
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Panel.
(2) Travel expenses.--The members of the Panel shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Panel.
(3) Executive director and staff.--Without regard to the
civil service laws and regulations, the chairperson of the
Panel may appoint and terminate an executive director and a
staff of not more than four additional individuals, none of
whom may be current employees of the Department of State or
members of the Foreign Service, if the Panel determines that an
executive director and staff are necessary in order for the
Panel to perform its duties effectively. The employment of an
executive director shall be subject to confirmation by the
Panel.
(4) Compensation of executive director.--The chairperson
may fix the compensation of the executive director without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(5) Detail of government employees.--Any Federal Government
employee may be detailed to the Panel without reimbursement,
and such detail shall be without interruption or loss of civil
or foreign service status or privilege. The Secretary shall
ensure that sufficient personnel are detailed to the Panel to
enable the Panel to carry out its duties effectively.
(6) Travel conditions.--To the maximum extent practicable,
the members and employees of the Panel shall travel on
government aircraft, ships, vehicles, or other conveyances when
travel is necessary in the performance of a duty of the Panel,
except that no such aircraft, ship, vehicle, or other
conveyance may be scheduled primarily for the transportation of
any such member or employee when the cost of commercial
transportation is less expensive.
(g) Administrative Provisions.--
(1) Use of mail.--The Panel may use the United States mails
and obtain printing and binding services in the same manner and
under the same conditions as other departments and agencies of
the Federal Government.
(2) Administrative and support services.--The Secretary of
State shall furnish the Panel any administrative and support
services requested by the Panel.
(3) Gifts and donations.--The Panel may accept, use, and
dispose of gifts or donations of services or property.
(4) Contractual authority.--The Panel may enter into such
contracts as necessary for technical support and analysis,
provided that the duration of such contracts does not exceed
120 days and that the total amount spent on all such contracts
does not exceed $500,000.
(h) Payment of Panel Expenses.--The compensation, travel expenses,
and per diem allowances of members and employees of the Panel shall be
paid out of funds available to the Department of State for the payment
of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department. The other
expenses of the Panel shall be paid out of funds available to the
Department for the payment of similar expenses incurred by the
Department.
(i) Sunset Provision.--The Panel shall terminate six months after
the submission of a final report to the Congress under subsection (d). | Department of State Review Act - Requires establishment of a nonpartisan independent Department of State Review Panel, which shall report to Congress on its review of the following matters concerning Department of State organization and operations: (1) current Department structures and possible reorganization; (2) changes to ensure effective diplomacy and implementation of U.S. foreign policy; (3) challenges through the year 2020 and beyond; (4) efficient handling of future risks; (5) planning assumptions; (6) positioning necessary for negotiation and conflict deterrence; (7) information infrastructure and technology; (8) the process of developing scenarios; and (9) future personnel policies. | {"src": "billsum_train", "title": "To establish an independent nonpartisan review panel to assess how the Department of State can best fulfill its mission in the 21st century and meet the challenges of a rapidly changing world."} | 2,146 | 131 | 0.498498 | 1.406405 | 0.652296 | 2.306452 | 17.258065 | 0.919355 |
SECTION 1. COMMEMORATIVE COINS IN HONOR OF THE FOUNDING OF BILOXI,
MISSISSIPPI.
(a) Coin Specifications.--The Secretary of the Treasury (hereafter
in this section referred to as the ``Secretary'') shall mint and issue
each of the following coins:
(1) $10 gold coins.--Not more than 100,000 $10 coins, each
of which shall--
(A) weigh 16.718 grams;
(B) have a diameter of 1.06 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, each
of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(3) Half dollar clad coins.--Not more than 750,000 half
dollar coins each of which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this section shall be
legal tender, as provided in section 5103 of title 31, United States
Code.
(c) Sources of Bullion.--The Secretary shall obtain gold and silver
for minting coins under this section pursuant to the authority of the
Secretary under other provisions of law, including authority relating
to the use of silver stockpiles established under the Strategic and
Critical Materials Stockpiling Act, as applicable.
(d) Design of Coins.--
(1) Design requirements.--
(A) In general.--The design of the coins minted
under this section shall be emblematic of the landing
of Pierre LeMoyne Sieur D'Iberville on the shores of
present day Biloxi, Mississippi, on February 13, 1699.
(B) Designation and inscriptions.--On each coin
minted under this section there shall be--
(i) a designation of the value of the coin;
(ii) an inscription of the year 1999; and
(iii) inscriptions of the words
``Liberty'', ``In God We Trust'', ``United
States of America'', and ``E Pluribus Unum''.
(2) Selection.--The design for the coins minted under this
section shall be--
(A) selected by the Secretary after consultation
with the Board of Directors of the Biloxi Tricentennial
Commission and the Commission of Fine Arts; and
(B) reviewed by the Citizens Commemorative Coin
Advisory Committee.
(e) Period for Issuance of Coins.--The Secretary may issue coins
minted under this section only during the period beginning on January
1, 1999, and ending on December 31, 1999.
(f) Sale of Coins.--
(1) Sale price.--The coins issued under this section shall
be sold by the Secretary at a price equal to the sum of--
(A) the face value of the coins;
(B) the surcharge provided in paragraph (4) with
respect to such coins; and
(C) the cost of designing and issuing the coins
(including labor, materials, dies, use of machinery,
overhead expenses, marketing, and shipping).
(2) Bulk sales.--The Secretary shall make bulk sales of the
coins issued under this section at a reasonable discount.
(3) Prepaid orders.--
(A) In general.--The Secretary shall accept prepaid
orders for the coins minted under this section before
the issuance of such coins.
(B) Discount.--Sale prices with respect to prepaid
orders under subparagraph (A) shall be at a reasonable
discount.
(4) Surcharges.--All sales shall include a surcharge of--
(A) $35 per coin for the $10 coin;
(B) $10 per coin for the $1 coin; and
(C) $1 per coin for the half dollar coin.
(g) General Waiver of Procurement Regulations.--
(1) In general.--Except as provided in paragraph (2), no
provision of law governing procurement or public contracts
shall be applicable to the procurement of goods and services
necessary for carrying out this section.
(2) Equal employment opportunity.--Paragraph (1) does not
relieve any person entering into a contract under the authority
of this section from complying with any law relating to equal
employment opportunity.
(h) Treatment as Numismatic Items.--For purposes of sections 5134
and 5136 of title 31, United States Code, all coins minted under this
subsection shall be considered to be numismatic items.
(i) Distribution of Surcharges.--
(1) In general.--Subject to section 5134 of title 31,
United States Code, all surcharges received by the Secretary
from the sale of coins issued under this section shall be
promptly paid by the Secretary--
(A) to the Biloxi Tricentennial Commission, Inc.,
for the purpose of planning and implementing the 1999
Tricentennial Celebration in Biloxi, Mississippi; and
(B) upon dissolution of the Biloxi Tricentennial
Commission, Inc., to Biloxi First, Inc., for the
purpose of funding educational projects directly
related to local history instruction for students in
the public school system in Biloxi, Mississippi.
(2) Audits.--The Comptroller General of the United States
shall have the right to examine such books, records, documents,
and other data of the Biloxi Tricentennial Commission, Inc.,
and Biloxi First, Inc., as may be related to the expenditures
of amounts paid under paragraph (1).
(j) Financial Assurances.--The Secretary shall take such actions as
may be necessary to ensure that minting and issuing coins under this
section will not result in any net cost to the United States
Government. | Instructs the Secretary of the Treasury to mint and issue the following coins emblematic of the landing of Pierre LeMoyne Sieur D'Iberville on the shores of present day Biloxi, Mississippi, on February 13, 1699: (1) ten-dollar gold coins; (2) one-dollar silver coins; and (3) half dollar clad coins.
Mandates payment of surcharges collected from coin sales to: (1) the Biloxi Tricentennial Commission, Inc., for planning and implementing the 1999 Tricentennial Celebration in Biloxi, Mississippi; and (2) the Biloxi First, Inc., upon Commission dissolution, for educational projects directly related to local history instruction for Biloxi public school students. | {"src": "billsum_train", "title": "A bill to authorize the minting and issuance of a commemorative coin in honor of the founding of Biloxi, Mississippi."} | 1,311 | 153 | 0.565734 | 1.892197 | 0.702112 | 4.384615 | 8.815385 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoration of Parental Rights and
State Sovereignty Act of 2015''.
SEC. 2. RESTORATION OF STATE SOVEREIGNTY OVER PUBLIC EDUCATION AND
PARENTAL RIGHTS OVER THE EDUCATION OF THEIR CHILDREN.
Part E of title IX of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the
following:
``Subpart 3--Restoration of State Sovereignty Over Public Education and
Parental Rights Over the Education of Their Children
``SEC. 9541. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT
EXPRESSLY WAIVE.
``(a) Retention of Rights and Authorities.--No officer, employee,
or other authority of the Secretary shall enforce against an authority
of a State, nor shall any authority of a State have any obligation to
obey, any requirement imposed as a condition of receiving assistance
under a grant program established under this Act, nor shall such
program operate within a State, unless the legislature of that State
shall have by law expressly approved that program and, in doing so,
have waived the State's rights and authorities to act inconsistently
with any requirement that might be imposed by the Secretary as a
condition of receiving that assistance.
``(b) Amendment of Terms of Receipt of Federal Financial
Assistance.--An officer, employee, or other authority of the Secretary
may release assistance under a grant program established under this Act
to a State only after the legislature of the State has by law expressly
approved the program (as described in subsection (a)). This approval
may be accomplished by a vote to affirm a State budget that includes
the use of such Federal funds and any such State budget must expressly
include any requirement imposed as a condition of receiving assistance
under a grant program established under this Act so that by approving
the budget, the State legislature is expressly approving the grant
program and, in doing so, waiving the State's rights and authorities to
act inconsistently with any requirement that might be imposed by the
Secretary as a condition of receiving that assistance.
``(c) Special Rule for States With Biennial Legislatures.--In the
case of a State with a biennial legislature--
``(1) during a year in which the State legislature does not
meet, subsections (a) and (b) shall not apply; and
``(2) during a year in which the State legislature meets,
subsections (a) and (b) shall apply, and, with respect to any
grant program established under this Act during the most recent
year in which the State legislature did not meet, the State may
by law expressly disapprove the grant program, and, if such
disapproval occurs, an officer, employee, or other authority of
the Secretary may not release any additional assistance to the
State under that grant program.
``(d) Definition of State Authority.--As used in this section, the
term `authority of a State' includes any administering agency of the
State, any officer or employee of the State, and any local government
authority of the State.
``(e) Effective Date.--This section applies in each State beginning
on the 90th day after the end of the first regular session of the
legislature of that State that begins 5 years after the date of the
enactment of the Restoration of Parental Rights and State Sovereignty
Act of 2015 and shall continue to apply in subsequent years until
otherwise provided by law.
``SEC. 9542. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.
``Notwithstanding any formula reallocations stipulated under this
Act, any funds under this Act not allocated to a State because a State
did not affirmatively agree to the receipt of such funds shall not be
reallocated among the States.
``SEC. 9543. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.
``In this Act, the term `State with a biennial legislature' means a
State the legislature of which meets every other year.
``SEC. 9544. INTENT OF CONGRESS.
``It is the intent of Congress that other than the terms and
conditions expressly approved by State law under the terms of this
subpart, control over public education and parental rights to control
the education of their children are vested exclusively within the
autonomous zone of independent authority reserved to the States and
individual Americans by the United States Constitution, other than the
Federal Government's undiminishable obligation to enforce minimum
Federal standards of equal protection and due process.''.
SEC. 3. TABLE OF CONTENTS.
The table of contents in section 2 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting
after the item relating to subpart 2 of part E of title IX the
following:
``subpart 3--restoration of state sovereignty over public education and
parental rights over the education of their children
``9541. States to retain rights and authorities they do not expressly
waive.
``9542. Dedication of savings to deficit reduction.
``9543. Definition of State with biennial legislature.
``9544. Intent of Congress.''. | Restoration of Parental Rights and State Sovereignty Act of 2015 Amends the Elementary and Secondary Education Act of 1965 (ESEA) to prohibit the Secretary of Education from forcing a state to satisfy any requirement imposed as a condition of receiving assistance under an ESEA grant program. Prohibits the Secretary from releasing assistance to a state under an ESEA grant program unless the state's legislature has by law expressly approved the program. Allows that approval to be accomplished by a vote to affirm a state budget that includes the use of such federal funds, but requires that budget to expressly include any requirement imposed as a condition on the state's receipt of those funds. Prohibits ESEA funds that are not allocated to a state due to the state's failure to affirmatively agree to their receipt from being reallocated among the other states. Expresses the intent of Congress that control over public education and parental rights to control their children's education is vested exclusively within the authority reserved to the states and individual Americans by the Constitution, except when states expressly approve federal terms or conditions on educational assistance or the federal government is obliged to enforce minimum federal equal protection or due process standards. | {"src": "billsum_train", "title": "Restoration of Parental Rights and State Sovereignty Act of 2015"} | 1,218 | 263 | 0.616353 | 1.772418 | 0.882409 | 3.722222 | 4.87037 | 0.87963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Policy
Coordination Act of 1995''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Committee'' means the Advisory Committee on
Telecommunications Policy established under section 10.
(2) The term ``Office'' means the Office of
Telecommunications Policy established in section 3.
(3) The term ``Deputy Director'' means the Deputy Director
of the Office appointed under section 5(b).
(4) The term ``Director'' means the Director of the Office
appointed under section 5(a).
SEC. 3. ESTABLISHMENT.
There is hereby established in the Executive Office of the
President the Office of Telecommunications Policy.
SEC. 4. FUNCTIONS.
(a) In General.--The Office, acting through the Director, shall--
(1) take such action as may be necessary to provide for the
preparation of national telecommunications policy options;
(2) serve as the principal advisor to the President in
matters relating to telecommunications issues and policies;
(3) act as the arbiter of disputes and differences which
may arise between or among Government agencies in connection
with the development and implementation of national
telecommunications policies;
(4) communicate the views of Government agencies, as well
as the views of the President, with respect to
telecommunications matters to the Federal Communications
Commission, and communicate the views of the President and
Government agencies (other than the Commission) to the
Congress;
(5) monitor the development of new telecommunications
technologies, study the effects of new telecommunications
facilities, services, and systems, and make recommendations to
the President and to the Congress with respect to the
introduction of new technologies into the national economy; and
(6) perform such other functions vested in the President
relating to telecommunications as the President may delegate to
the Office.
(b) Effect on FCC Authority.--The authority of the Office under
this Act shall not affect the authority of the Federal Communications
Commission under the Communications Act of 1934 or the Satellite
Communications Act of 1962.
(c) Presidential Regulations.--The functions of the Office under
subsection (a) (3) and (4), and the corresponding obligations of other
agencies affected thereunder, shall be in accordance with regulations
which the President shall prescribe.
SEC. 5. DIRECTOR AND STAFF; ORGANIZATION OF OFFICE.
(a) Director.--The head of the Office shall be the Director, who
shall be appointed by the President, by and with the advice and consent
of the Senate. The Director shall be paid at a rate equal to the rate
of basic pay which is payable from time to time for level II of the
Executive Schedule under section 5313 of title 5, United States Code.
(b) Deputy Director.--The Office shall have a Deputy Director, who
shall be appointed by the President, by and with the advice and consent
of the Senate. The Deputy Director shall be paid at a rate equal to the
rate of basic pay which is payable from time to time for level IV of
the Executive Schedule under section 5315 of title 5, United States
Code. The Deputy Director shall perform such duties and exercise such
powers as the Director may prescribe. The Deputy Director shall act
for, and exercise the powers of, the Director during any absence or
disability of the Director or during any vacancy in the office of
Director.
(c) Staff.--(1)(A) The Director may appoint not more than two full-
time professional staff members who shall perform such duties as the
Director may direct. The Deputy Director may appoint not more than one
such staff member who shall perform such duties as the Deputy Director
may direct.
(B) The appointments specified in subparagraph (A) may be made
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service. Such staff member
may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating
to classification and General Schedule pay rates. The Director may fix
the compensation of not more than one such staff member at a rate not
in excess of the maximum rate payable from time to time for grade GS-18
of the General Schedule under section 5332 of title 5, United States
Code. The remaining staff members appointed under subparagraph (A) may
be compensated at a rate fixed by the Director or the Deputy Director,
as the case may be, not in excess of the maximum rate payable from time
to time for grade GS-16 of the General Schedule under section 5332 of
title 5, United States Code.
(2) The Director may appoint and fix the pay of such clerical and
other support personnel as the Director considers desirable. Such
personnel shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(d) Organization.--The Director may organize the personnel of the
Office into such bureaus, divisions, or offices as the Director may
consider necessary.
SEC. 6. AUTHORITY AND FUNCTIONS OF DIRECTOR.
(a) In General.--The Director shall exercise all the executive and
administrative functions of the Office.
(b) Additional Authority.--The Director--
(1) may obtain services as authorized in section 3109 of
title 5, United States Code, at rates not to exceed the daily
rate prescribed for GS-18 of the General Schedule under section
5332 of title 5, United States Code, for persons employed
intermittently in Federal Government service;
(2) may delegate to the Deputy Director, or to any other
employee of the Office, any authority of the Director
established in this Act;
(3) shall prescribe such rules as may be necessary to carry
out the provisions of this Act;
(4) shall distribute business among any personnel appointed
under section 5(c)(2), and among any bureaus, divisions, or
offices established under section 5(d);
(5) shall administer the use and expenditure of funds
available to the Office;
(6) shall coordinate and organize the work of the Office in
order to promote prompt and efficient disposition of all
matters within the jurisdiction of the Office; and
(7) shall assure appropriate consumer representation in
connection with the development of policy by the Office.
SEC. 7. ADVISORY COMMITTEE.
(a) Establishment.--The Director shall establish an advisory
committee to be known as the Advisory Committee on Telecommunications
Policy.
(b) Membership.--The Committee shall consist of members appointed
by the Director from the general public, including representatives of--
(1) various segments of the telecommunications industry,
(2) labor organizations involved in such industry, and
(3) public interest and consumer organizations.
(c) Functions.--The Committee shall provide advice and
recommendations to the Director on matters referred to it by the
Director and on such other matters relating to the functions of the
Director as it considers appropriate. Consistent with otherwise
applicable law, the Committee may make public any advice or
recommendations it has provided to the Director under this subsection.
SEC. 8. ANNUAL REPORTS; FCC REPORTS.
(a) Duty To Submit.--The Director shall, not later than the 15th
day of February following the end of each fiscal year, commencing with
the first complete fiscal year following the effective date provided
for in section 9, make a report to the President for submission to the
Congress relating to the activities of the Office during the preceding
fiscal year.
(b) Contents.--Each report made by the Director under subsection
(a) shall--
(1) describe actions taken by the Office in connection with
the preparation of national telecommunications policies in
accordance with section 4(1);
(2) identify and analyze emerging trends in
telecommunications; and
(3) include such other information as the Director
considers appropriate.
(c) Commission Response to Office Views.--In any case in which the
Office submits views to the Federal Communications Commission under
section 4(a)(4) and the Commission takes any final action after such
submittal which is inconsistent with such views, the Commission shall,
within twenty days of such final action is taken, submit a report to
the President and to the Congress setting forth the reasons therefor.
SEC. 9. EFFECTIVE DATE.
The provisions of this Act shall take effect ninety days after the
date of the enactment of this Act. | Telecommunications Policy Coordination Act of 1995 - Establishes an Office of Telecommunications Policy (OTP) in the Executive Office of the President. Directs OTP to: (1) prepare national telecommunications policy options; (2) serve as the principal advisor to the President on telecommunications issues; (3) arbitrate telecommunications policy disputes among Federal agencies; (4) communicate the views of the agencies and the President concerning telecommunications policy to the Federal Communications Commission (FCC) and the Congress; and (5) monitor developments in telecommunications technology. Requires the Director of OTP to: (1) establish an Advisory Committee on Telecommunications Policy; and (2) report to the President and the Congress annually on OTP activities and on emerging trends in telecommunications.
Requires the FCC to report to the President and the Congress on its reasons for taking any final action which is inconsistent with views received from OTP. | {"src": "billsum_train", "title": "Telecommunications Policy Coordination Act of 1995"} | 1,829 | 201 | 0.619452 | 1.626128 | 0.870531 | 2.959538 | 10.121387 | 0.867052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoration of Freedom of
Information Act of 2003''.
SEC. 2. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL INFORMATION.
Title II of the Homeland Security Act of 2002 (Public Law 107-296)
is amended by striking subtitle B and inserting the following:
``Subtitle B--Protection of Voluntarily Furnished Confidential
Information
``SEC. 211. PROTECTION OF VOLUNTARILY FURNISHED CONFIDENTIAL
INFORMATION.
``(a) Definitions.--In this section:
``(1) Critical infrastructure.--The term `critical
infrastructure' has the meaning given that term in section
1016(e) of the USA PATRIOT ACT of 2001 (42 U.S.C. 5195c(e)).
``(2) Furnished voluntarily.--
``(A) Definition.--The term `furnished voluntarily'
means a submission of a record that--
``(i) is made to the Department in the
absence of authority of the Department
requiring that record to be submitted; and
``(ii) is not submitted or used to satisfy
any legal requirement or obligation or to
obtain any grant, permit, benefit (such as
agency forbearance, loans, or reduction or
modifications of agency penalties or rulings),
or other approval from the Government.
``(B) Benefit.--In this paragraph, the term
`benefit' does not include any warning, alert, or other
risk analysis by the Department.
``(b) In General.--Notwithstanding any other provision of law, a
record pertaining to the vulnerability of and threats to critical
infrastructure (such as attacks, response, and recovery efforts) that
is furnished voluntarily to the Department shall not be made available
under section 552 of title 5, United States Code, if--
``(1) the provider would not customarily make the record
available to the public; and
``(2) the record is designated and certified by the
provider, in a manner specified by the Department, as
confidential and not customarily made available to the public.
``(c) Records Shared With Other Agencies.--
``(1) In general.--
``(A) Response to request.--An agency in receipt of
a record that was furnished voluntarily to the
Department and subsequently shared with the agency
shall, upon receipt of a request under section 552 of
title 5, United States Code, for the record--
``(i) not make the record available; and
``(ii) refer the request to the Department
for processing and response in accordance with
this section.
``(B) Segregable portion of record.--Any reasonably
segregable portion of a record shall be provided to the
person requesting the record after deletion of any
portion which is exempt under this section.
``(2) Disclosure of independently furnished records.--
Notwithstanding paragraph (1), nothing in this section shall
prohibit an agency from making available under section 552 of
title 5, United States Code, any record that the agency
receives independently of the Department, regardless of whether
or not the Department has a similar or identical record.
``(d) Withdrawal of Confidential Designation.--The provider of a
record that is furnished voluntarily to the Department under subsection
(b) may at any time withdraw, in a manner specified by the Department,
the confidential designation.
``(e) Procedures.--The Secretary shall prescribe procedures for--
``(1) the acknowledgement of receipt of records furnished
voluntarily;
``(2) the designation, certification, and marking of
records furnished voluntarily as confidential and not
customarily made available to the public;
``(3) the care and storage of records furnished
voluntarily;
``(4) the protection and maintenance of the confidentiality
of records furnished voluntarily; and
``(5) the withdrawal of the confidential designation of
records under subsection (d).
``(f) Effect on State and Local Law.--Nothing in this section shall
be construed as preempting or otherwise modifying State or local law
concerning the disclosure of any information that a State or local
government receives independently of the Department.
``(g) Report.--
``(1) Requirement.--Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the committees of Congress
specified in paragraph (2) a report on the implementation and
use of this section, including--
``(A) the number of persons in the private sector,
and the number of State and local agencies, that
furnished voluntarily records to the Department under
this section;
``(B) the number of requests for access to records
granted or denied under this section; and
``(C) such recommendations as the Comptroller
General considers appropriate regarding improvements in
the collection and analysis of sensitive information
held by persons in the private sector, or by State and
local agencies, relating to vulnerabilities of and
threats to critical infrastructure, including the
response to such vulnerabilities and threats.
``(2) Committees of congress.--The committees of Congress
specified in this paragraph are--
``(A) the Committees on the Judiciary and
Governmental Affairs of the Senate; and
``(B) the Committees on the Judiciary and
Government Reform and Oversight of the House of
Representatives.
``(3) Form.--The report shall be submitted in unclassified
form, but may include a classified annex.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents for the Homeland Security Act of 2002 (Public
Law 107-296) is amended by striking the matter relating to subtitle B
of title II and inserting the following:
``Subtitle B--Protection of Voluntarily
Furnished Confidential
Information.
``Sec. 211. Protection of Voluntarily
Furnished Confidential
Information.''. | Restoration of Freedom of Information Act of 2003 - Amends the Homeland Security Act of 2002 to prohibit a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security from being made available to the public under the Freedom of Information Act if: (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider as confidential and not customarily made available to the public. Prohibits other Federal agencies in receipt of such a record furnished to the Department from making the record publicly available. Allows a provider to withdraw the confidential designation of a record at any time. | {"src": "billsum_train", "title": "A bill to amend the Homeland Security Act of 2002 (Public Law 107-296) to provide for the protection of voluntarily furnished confidential information, and for other purposes."} | 1,343 | 146 | 0.605878 | 1.603283 | 0.811845 | 5.053435 | 9.175573 | 0.946565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fighting Medicare Fraud Act of
2016''.
SEC. 2. PERMISSIVE EXCLUSION FROM FEDERAL HEALTH PROGRAMS EXPANDED TO
CERTAIN INDIVIDUALS WITH PRIOR INTEREST IN SANCTIONED
ENTITIES AND ENTITIES AFFILIATED WITH SANCTIONED
ENTITIES.
Paragraph (15) of section 1128(b) of the Social Security Act (42
U.S.C. 1320a-7(b)) is amended to read as follows:
``(15) Individuals and entities affiliated with a
sanctioned entity.--(A) Any of the following:
``(i) Any individual who--
``(I) is a person with an ownership or
control interest in a sanctioned entity or an
affiliated entity of such sanctioned entity (or
was a person with such an ownership or control
interest at the time of any of the conduct that
formed a basis for the conviction or exclusion
described in subparagraph (B)); and
``(II) knows or should have known (as
defined in section 1128A(i)(7)) (or knew or
should have known) of such conduct.
``(ii) Any individual who is an officer or managing
employee (as defined in section 1126(b)) of a
sanctioned entity or affiliated entity of such
sanctioned entity (or was such an officer or managing
employee at the time of any of the conduct that formed
a basis for the conviction or exclusion described in
subparagraph (B)).
``(iii) Any affiliated entity of a sanctioned
entity.
``(B) For purposes of this paragraph, the term `sanctioned
entity' means an entity--
``(i) that has been convicted of any offense
described in subsection (a) of this section or in
paragraph (1), (2), or (3) of this subsection; or
``(ii) that has been excluded from participation
under a program under title XVIII or under a State
health care program.
``(C) For purposes of subparagraph (A), the term
`affiliated entity' means, with respect to a sanctioned entity,
an entity that is (or was at the time of any of the conduct
that formed the basis for the conviction or exclusion described
in subparagraph (B)) affiliated with such sanctioned entity,
and includes an entity--
``(i) that is a person with an ownership or control
interest in such sanctioned entity (or was such a
person with respect to such sanctioned entity at the
time of any conduct that formed the basis for the
conviction described in subparagraph (B));
``(ii) with respect to which a sanctioned entity is
a person with an ownership or control interest in such
entity (or was such a person with respect to such
entity at the time of any conduct that formed the basis
for the conviction described in subparagraph (B));
``(iii) with respect to which a person with an
ownership or control interest in such entity also has
such an interest in such sanctioned entity; or
``(iv) with respect to which a person who is an
officer or managing employee (as defined in section
1126(b)) of such entity also is such an officer or
managing employee of such sanctioned entity.
``(D) For purposes of this paragraph, the term `person with
an ownership or control interest' has the meaning given such
term in section 1124(a)(3).''.
SEC. 3. CRIMINAL PENALTY FOR ILLEGAL DISTRIBUTION OF MEDICARE,
MEDICAID, OR CHIP BENEFICIARY IDENTIFICATION OR PROVIDER
NUMBERS.
Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-7b(b))
is amended by adding at the end the following:
``(5) Whoever knowingly and with the intent to defraud purchases,
sells or distributes, or arranges for the purchase, sale, or
distribution of two or more beneficiary identification numbers or
unique health identifier for a health care provider under title XVIII,
title XIX, or title XXI shall be imprisoned for not more than 15 years
or fined under title 18, United States Code (or, if greater, an amount
equal to the monetary loss to the Federal and any State government as a
result of such acts), or both.''.
SEC. 4. REPORTS ON INCIDENCES OF FRAUD AND ABUSE UNDER MEDICARE PARTS C
AND D.
(a) In General.--Section 1857(d) of the Social Security Act (42
U.S.C. 1395w-27(d)) is amended by adding at the end the following new
paragraph:
``(7) Report on incidences of fraud and abuse.--
``(A) In general.--A contract under this section
with an MA organization offering an MA plan shall
provide that such MA organization report to the
Secretary (or to any person or organization designated
by the Secretary for such purpose) any instances of
fraud or abuse related to the payment or delivery of
health benefits under such contract not later than 60
days after such organization identifies such instance.
``(B) Guidance.--Not later than 90 days after the
date of the enactment of this paragraph, the Secretary,
in consultation with the Inspector General of the
Department of Health and Human Services and the
Attorney General, shall issue to MA organizations (and
PDP sponsors) guidance for defining the terms `fraud'
and `abuse' for purposes of subparagraph (A).''.
(b) Conforming Amendment to Part D.--Section 1860D-12(b)(3)(C) of
the Social Security Act (42 U.S.C. 1395w-112(b)(3)(C)) is amended by
inserting before the period at the end the following: ``, except in
applying paragraph (7) of such section any reference to an MA
organization, with respect to an MA plan, shall be deemed a reference
to a PDP sponsor or MA organization, with respect to a prescription
drug plan or MA-PD plan''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to plan years beginning on or after the date
of the enactment of this Act. | Fighting Medicare Fraud Act of 2016 This bill amends title XI (General Provisions) of the Social Security Act (SSAct) to expand the authority of the Centers for Medicare & Medicaid Services (CMS) to exclude from participation in federal health programs certain affiliates of a sanctioned entity. (A "sanctioned entity" is one that has been convicted of one of several specified crimes or excluded from participation under either Medicare or a state health care program.) The bill also establishes criminal penalties for the illegal purchase, sale, or distribution of two or more federal health program beneficiary or provider numbers. In addition, the bill amends title XVIII (Medicare) of the SSAct to require Medicare Advantage organizations to report instances of fraud or abuse to CMS within 60 days. | {"src": "billsum_train", "title": "Fighting Medicare Fraud Act of 2016"} | 1,483 | 202 | 0.484494 | 1.476089 | 0.705483 | 1.993007 | 8.664336 | 0.748252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Denali National Park Improvement
Act''.
SEC. 2. KANTISHNA HILLS MICROHYDRO PROJECT; LAND EXCHANGE.
(a) Definitions.--In this section:
(1) Appurtenance.--The term ``appurtenance'' includes--
(A) transmission lines;
(B) distribution lines;
(C) signs;
(D) buried communication lines;
(E) necessary access routes for microhydro project
construction, operation, and maintenance; and
(F) electric cables.
(2) Kantishna hills area.--The term ``Kantishna Hills
area'' means the area of the Park located within 2 miles of
Moose Creek, as depicted on the map.
(3) Map.--The term ``map'' means the map entitled
``Kantishna Hills Micro-Hydro Area'', numbered 184/80,276, and
dated August 27, 2010.
(4) Microhydro project.--
(A) In general.--The term ``microhydro project''
means a hydroelectric power generating facility with a
maximum power generation capability of 100 kilowatts.
(B) Inclusions.--The term ``microhydro project''
includes--
(i) intake pipelines, including the intake
pipeline located on Eureka Creek, approximately
\1/2\ mile upstream from the Park Road, as
depicted on the map;
(ii) each system appurtenance of the
microhydro projects; and
(iii) any distribution or transmission
lines required to serve the Kantishna Hills
area.
(5) Park.--The term ``Park'' means the Denali National Park
and Preserve.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Permits for Microhydro Projects.--
(1) In general.--The Secretary may issue permits for
microhydro projects in the Kantishna Hills area.
(2) Terms and conditions.--Each permit under paragraph (1)
shall be--
(A) issued in accordance with such terms and
conditions as are generally applicable to rights-of-way
within units of the National Park System; and
(B) subject to such other terms and conditions as
the Secretary determines to be necessary.
(3) Completion of environmental analysis.--Not later than
180 days after the date on which an applicant submits an
application for the issuance of a permit under this subsection,
the Secretary shall complete any analysis required by the
National Environment Policy Act of 1969 (42 U.S.C. 4321 et
seq.) of any proposed or existing microhydro projects located
in the Kantishna Hills area.
(c) Land Exchange.--
(1) In general.--For the purpose of consolidating ownership
of Park and Doyon Tourism, Inc. lands, including those lands
affected solely by the Doyon Tourism microhydro project, and
subject to paragraph (4), the Secretary may exchange Park land
near or adjacent to land owned by Doyon Tourism, Inc., located
at the mouth of Eureka Creek in sec. 13, T.16 S., R. 18 W.,
Fairbanks Meridian, for approximately 18 acres of land owned by
Doyon Tourism, Inc., within the Galena patented mining claim.
(2) Map availability.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(3) Timing.--The Secretary shall seek to complete the
exchange under this subsection by not later than February 1,
2015.
(4) Applicable laws; terms and conditions.--The exchange
under this subsection shall be subject to--
(A) the laws (including regulations) and policies
applicable to exchanges of land administered by the
National Park Service, including the laws and policies
concerning land appraisals, equalization of values, and
environmental compliance; and
(B) such terms and conditions as the Secretary
determines to be necessary.
(5) Equalization of values.--If the tracts proposed for
exchange under this subsection are determined not to be equal
in value, an equalization of values may be achieved by
adjusting the quantity of acres described in paragraph (1).
(6) Administration.--The land acquired by the Secretary
pursuant to the exchange under this subsection shall be
administered as part of the Park.
SEC. 3. DENALI NATIONAL PARK AND PRESERVE NATURAL GAS PIPELINE.
(a) Definitions.--In this section:
(1) Appurtenance.--
(A) In general.--The term ``appurtenance'' includes
cathodic protection or test stations, valves, signage,
and buried communication and electric cables relating
to the operation of high-pressure natural gas
transmission.
(B) Exclusions.--The term ``appurtenance'' does not
include compressor stations.
(2) Park.--The term ``Park'' means the Denali National Park
and Preserve in the State of Alaska.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Permit.--The Secretary may issue right-of-way permits for--
(1) a high-pressure natural gas transmission pipeline
(including appurtenances) in nonwilderness areas within the
boundary of Denali National Park within, along, or near the
approximately 7-mile segment of the George Parks Highway that
runs through the Park; and
(2) any distribution and transmission pipelines and
appurtenances that the Secretary determines to be necessary to
provide natural gas supply to the Park.
(c) Terms and Conditions.--A permit authorized under subsection
(b)--
(1) may be issued only--
(A) if the permit is consistent with the laws
(including regulations) generally applicable to utility
rights-of-way within units of the National Park System;
(B) in accordance with section 1106(a) of the
Alaska National Interest Lands Conservation Act (16
U.S.C. 3166(a)); and
(C) if, following an appropriate analysis prepared
in compliance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the route of the
right-of-way is the route through the Park with the
least adverse environmental effects for the Park; and
(2) shall be subject to such terms and conditions as the
Secretary determines to be necessary.
SEC. 4. DESIGNATION OF THE WALTER HARPER TALKEETNA RANGER STATION.
(a) Designation.--The Talkeetna Ranger Station located on B Street
in Talkeetna, Alaska, approximately 100 miles south of the entrance to
Denali National Park, shall be known and designated as the ``Walter
Harper Talkeetna Ranger Station''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Talkeetna Ranger
Station referred to in subsection (a) shall be deemed to be a reference
to the ``Walter Harper Talkeetna Ranger Station''. | . Denali National Park Improvement Act - Authorizes the Secretary of the Interior to issue permits for specified microhydro projects in the Kantishna Hills area within the Denali National Park and Preserve (the Park) in Alaska. Defines "microhydro project" as a hydroelectric power generating facility with a maximum power generation capability of 100 kilowatts and includes any distribution or transmission lines required to serve such area. Requires the Secretary, within 180 days after submission of a permit application, to complete any analysis required by the National Environmental Policy Act of 1969 respecting any proposed or existing microhydro projects in the area. Directs the Secretary to exchange Park land near or adjacent to land owned by Doyon Tourism, Inc., located at the mouth of Eureka Creek for approximately 18 acres of land owned by Doyon Tourism within the Galena patented mining claim. Instructs the Secretary to seek to complete such exchange by February 2015. Permits an equalization of any unequal values of the tracts proposed for exchange by adjusting the quantity of the acreage owned by Doyon Tourism. Requires the land acquired by the Secretary to be administered as part of the Park. Authorizes the Secretary to issue right-of-way permits, subject to certain terms and conditions, for: (1) a high-pressure natural gas transmission pipeline (including appurtenances) in nonwilderness areas within the boundary of the Park within, along, or near the approximately seven-mile segment of the George Parks Highway that runs through the Park; and (2) any distribution and transmission pipelines and appurtenances that the Secretary determines to be necessary to provide natural gas supply to the Park. Designates the Talkeetna Ranger Station that is on B Street in Talkeetna, Alaska, and that is approximately 100 miles south of the entrance to the Park, as the Walter Harper Talkeetna Ranger Station. | {"src": "billsum_train", "title": "Denali National Park Improvement Act"} | 1,618 | 435 | 0.623253 | 2.200923 | 0.818924 | 5.028986 | 3.898551 | 0.930435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American History Achievement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the 2001 National Assessment of Educational Progress
assessment in United States history had the largest percentage
of students scoring below basic of any subject that was tested,
including mathematics, science, and reading; and
(2) in the 2001 National Assessment of Educational Progress
assessment in United States history--
(A) 33 percent of students in grade 4 scored below
basic, 36 percent of students in grade 8 scored below
basic, and 57 percent of students in grade 12 scored
below basic;
(B) 92 percent of students in grade 12 could not
explain the most important cause of the Great
Depression after reading a paragraph delineating 4
significant reasons;
(C) 91 percent of students in grade 8 could not
``list two issues that were important in causing the
Civil War'' and ``list the Northern and Southern
positions on each of these issues'';
(D) 95 percent of students in grade 4 could not
list ``two reasons why the people we call `pioneers'
moved west across the United States'';
(E) 73 percent of students in grade 4 could not
identify the Constitution from among 4 choices as ``the
document that contains the basic rules used to run the
United States government'';
(F) 75 percent of students in grade 4 could not
identify ``the three parts of the federal (national)
government of the United States'' out of 4 possible
choices;
(G) 94 percent of students in grade 8 could not
``give two reasons why it can be useful for a country
to have a constitution''; and
(H) 91 percent of students in grade 12 were unable
to ``explain two ways that democratic society benefits
from citizens actively participating in the political
process''.
SEC. 3. AMENDMENT TO THE NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS
AUTHORIZATION ACT.
Section 303(b) of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)) is amended--
(1) in paragraph (2)(D), by inserting ``(with a priority in
conducting assessments in history not less frequently than once
every 4 years)'' after ``subject matter''; and
(2) in paragraph (3)(A)--
(A) in clause (iii)--
(i) by inserting ``except as provided in
clause (v),'' before ``may conduct''; and
(ii) by striking ``and'' after the
semicolon;
(B) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(v) shall conduct trial State academic
assessments of student achievement in United
States history in grades 8 and 12 in not less
than 10 States representing geographically
diverse regions of the United States.''.
SEC. 4. NATIONAL ASSESSMENT GOVERNING BOARD.
Section 302(e)(1) of the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9621(e)(1)) is amended--
(1) in subparagraph (I), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (J) as subparagraph (K);
(3) in the flush matter at the end, by striking
``subparagraph (J)'' and inserting ``subparagraph (K)''; and
(4) by inserting after subparagraph (I) the following:
``(J) in consultation with the Commissioner for
Education Statistics, identify and select the States
that will participate in the trial State academic
assessments described in section 303(b)(3)(A)(v);
and''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 303(b)(3) of the National Assessment of Educational
Progress Authorization Act (20 U.S.C. 9622(b)(3)) is amended by adding
at the end the following:
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out subparagraph
(A)(v) $5,000,000 for each of fiscal years 2005 and
2006 and such sums as may be necessary for each
succeeding fiscal year.''.
SEC. 6. CONFORMING AMENDMENT.
Section 113(a)(1) of the Education Sciences Reform Act of 2002 (20
U.S.C. 9513(a)(1)) is amended by striking ``section 302(e)(1)(J)'' and
inserting ``section 302(e)(1)(K)''. | American History Achievement Act - Amends the National Assessment of Educational Progress Authorization Act (NAEPAA) to direct the Commissioner for Education Statistics to: (1) give a priority to conducting national assessments of student achievement in history at least once every four years in grades 4, 8, and 12; and (2) conduct trial State academic assessments of student achievement in U.S. history in grades 8 and 12 in not less than ten States representing geographically diverse regions of the United States.
Directs the National Assessment of Educational Progress governing board to select the States to participate in, and authorizes appropriations for, such trial State assessments in U.S. history. | {"src": "billsum_train", "title": "A bill to amend the National Assessment of Educational Progress Authorization Act to require State academic assessments of student achievement in United States history, and for other purposes."} | 1,043 | 136 | 0.498009 | 1.415162 | 0.716323 | 3.311475 | 7.57377 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Lands Against Narcotics
Trafficking Act of 2013'' or the ``PLANT Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2012, well over 900,000 marijuana plants were
eradicated from 471 sites on National Forest lands in 20 States
from Hawaii to Virginia. This represents just part of total
eradication efforts on public lands.
(2) Across Federal land management agency holdings
including U.S. Fish and Wildlife, the U.S. National Park
Service, the U.S. Bureau of Land Management, and the U.S.
Forest Service, marijuana grows have commonly been found in
excess of 1,000 plants per cultivation site and some have
included more than 200,000 plants.
(3) As a result of these grow sites, public and private
lands are being destroyed by chemical contamination and
alteration of watersheds; diversion of natural water courses;
elimination of native vegetation; wildfire hazards; poaching of
wildlife; and harmful disposal of garbage, non-biodegradable
material litter, and human waste. In many cases the damage is
being done to watersheds where millions of dollars in Federal
and State funds have been spent to improve conditions for
threatened fish and wildlife species.
(4) Research has found that listed and candidate species
under the Endangered Species Act like the Pacific fisher and
Northern Spotted Owl have been killed by poisons and hazardous
substances at marijuana cultivation sites, increasing pressure
on legal land users to undertake conservation measures.
(5) State and Federal fish and wildlife officials have
found that environmentally destructive practices resulting from
illegal marijuana cultivation, including the removal of timber
and vegetation, can lead to excess river and stream
sedimentation in areas needed by salmon and other protected
fish populations.
(6) Timber companies, farmers, and ranchers in northwest
California report that illegal marijuana cultivation on private
lands has caused significant damage to livestock, agriculture,
and natural resources.
(7) A single 2011 operation titled Operation Full Court
Press in Mendocino National Forest (CA) located 56 cultivation
sites and interdicted 32 firearms, 1,510 pounds of processed
marijuana, more than 468,950 plants and resulted in 102
arrests. The operation also removed 23 tons of trash, over a
ton of fertilizer, 57 pounds of poison, 22 miles of irrigation
piping, 13 man-made dams, and 120 propane tanks.
(8) Basic reclamation of marijuana cultivation sites can
cost well over $15,000 per site. Citizen volunteer groups,
concerned with the extent of environmental damage to local
forests, have relationships with law enforcement to reclaim and
clean up cultivation sites.
SEC. 3. DIRECTION TO UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements to ensure that the
guidelines provide for additional penalties otherwise applicable to
persons convicted of offenses under section 401(a) of the Controlled
Substances Act (21 U.S.C. 841(a)) while on Federal property or
intentionally trespassing on the property of another if the offense
involves any of the following:
(1) The use of a poison, chemical, or hazardous substance
for the unlawful production of a controlled substance that--
(A) creates a serious hazard to humans, wildlife,
or domestic animals;
(B) degrades or harms the environment or natural
resources; or
(C) pollutes an aquifer, spring, stream, river, or
body of water.
(2) The diversion, redirection, obstruction, draining, or
impoundment of an aquifer, spring, river, or body of water for
the unlawful production of a controlled substance.
(3) The substantial removal of vegetation or clear cutting
of timber for the unlawful production of a controlled
substance.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) assure reasonable consistency with other relevant
directives and with other sentencing guidelines; and
(2) assure that the guidelines adequately meet the purposes
and kind of sentencing available under sections 3553(a)(2) and
3553(a)(3) of title 18, United States Code.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in the Act shall be construed to apply with respect to the
legal use of authorized pesticides, herbicides, fertilizers, chemicals,
or hazardous substances. | Protecting Lands Against Narcotics Trafficking Act of 2013 or the PLANT Act - Directs the U.S. Sentencing Commission to review and amend the federal sentencing guidelines to ensure that they provide for additional penalties applicable to persons convicted of Controlled Substances Act offenses of manufacturing, distributing, dispensing, or possessing with intent to distribute a controlled substance or a counterfeit substance while on federal property or intentionally trespassing on the property of another, if the offense involves: the use of a poison, chemical, or hazardous substance for the unlawful production of a controlled substance that: (1) creates a serious hazard to humans, wildlife, or domestic animals; (2) degrades or harms the environment or natural resources; or (3) pollutes an aquifer, spring, stream, river, or body of water; the diversion, redirection, obstruction, draining, or impoundment of an aquifer, spring, river, or body of water for the unlawful production of a controlled substance; or the substantial removal of vegetation or clear cutting of timber for the unlawful production of a controlled substance. | {"src": "billsum_train", "title": "PLANT Act"} | 1,006 | 253 | 0.428853 | 1.347766 | 0.605267 | 6.049261 | 4.463054 | 0.945813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equifax Consumer Protection and Data
Empowerment Act of 2018''.
SEC. 2. CREDIT LOCKS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605B (15 U.S.C. 1681c-2)
the following:
``SEC. 605C. PROTECTION OF CREDIT INFORMATION OF CONSUMERS.
``(a) Secure, Convenient, Accessible, and Cost-Free File Locks for
Consumers.--
``(1) In general.--Subject to paragraph (2), each consumer
reporting agency described in section 603(p) shall provide to
any consumer a secure, convenient, accessible, and cost-free
method that, with the express authorization of the consumer,
allows that consumer reporting agency to release, or prevents
that consumer reporting agency from releasing, any information
in the file of the consumer for the purpose of--
``(A) the marketing or extension of credit or
insurance; or
``(B) opening any financial account.
``(2) Prohibitions.--With respect to the method described
in paragraph (1)--
``(A) the method may not be used by the consumer
reporting agency that provides the method, or by any
other person, to collect any information on a consumer
that is not necessary for the purposes of preventing
the release of information described in that paragraph;
``(B) no information collected under the method may
be used for any purpose other than a purpose described
in subparagraph (A);
``(C) in offering the method, a credit reporting
agency described in section 603(p) may not require a
consumer to--
``(i) waive any rights of the consumer; or
``(ii) indemnify the credit reporting
agency with respect to any liabilities that
arise from offering the method; and
``(D) the method may not be used by any person to
market or advertise any product or service.
``(3) Release of information.--Nothing in this subsection
shall affect the ability of a person with whom a consumer has
an account, contract, or debtor-creditor relationship to obtain
information regarding the consumer for the purposes of
reviewing the account or collecting on the account.
``(b) Regulations.--Not later than 18 months after the date of
enactment of this section, the Bureau shall prescribe regulations
carrying out this section.''.
(b) Table of Contents Amendment.--The table of contents for the
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by
inserting after the item relating to section 605B the following:
``605C. Protection of credit information of consumers.''.
SEC. 3. PERMISSIBLE PURPOSES OF CREDIT REPORTS; DISCLOSURE TO
CONSUMERS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended--
(1) in section 604 (15 U.S.C. 1681b)--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking ``Subject to
subsection (c), any'' and inserting
``Any''; and
(II) by striking ``a consumer
report'' and inserting ``information
from the file of a consumer'';
(ii) in paragraph (3)--
(I) by striking subparagraphs (A)
and (C);
(II) by redesignating subparagraph
(B) as subparagraph (A);
(III) by redesignating
subparagraphs (D) through (G) as
subparagraphs (B) through (E),
respectively; and
(IV) in subparagraph (D), as so
redesignated, by striking
``information--'' and all that follows
through the period at the end of clause
(ii) and inserting the following:
``information to review an account to
determine whether the consumer
continues to meet the terms of the
account; or''; and
(iii) by adding at the end the following:
``(7) Pursuant to the express authorization of a consumer,
subject to the method provided under section 605C(a) in the
case of a consumer reporting agency described in section
603(p).'';
(B) by striking subsection (c); and
(C) by redesignating subsections (d) through (g) as
subsections (c) through (f), respectively;
(2) in section 609(a)(1) (15 U.S.C. 1681g(a)(1)), by
striking ``request, except that--'' and all that follows
through the period at the end of subparagraph (B) and inserting
the following: ``request, without regard to whether the
information is held by a parent, subsidiary, or affiliate of
the consumer reporting agency.'';
(3) in section 612(a)(1)(A) (15 U.S.C. 1681j(a)(1)(A)), by
striking ``once during any 12-month period''; and
(4) in section 615 (15 U.S.C. 1681m)--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively.
(b) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Bureau of Consumer Financial Protection
shall issue regulations carrying out section 609(a)(1) of the Fair
Credit Reporting Act (15 U.S.C. 1681g(a)(1)), as amended by subsection
(a)(2).
(c) Technical and Conforming Amendments.--
(1) Consumer financial protection act of 2010.--Section
1002(12)(F) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5481(12)(F)) is amended--
(A) by striking ``615(e)'' and inserting
``615(d)''; and
(B) by striking ``1681m(e)'' and inserting
``1681m(d)''.
(2) Fair credit reporting act.--The Fair Credit Reporting
Act (15 U.S.C. 1681 et seq.) is amended--
(A) in section 603 (15 U.S.C. 1681a)--
(i) in subsection (d)(3), in the matter
preceding subparagraph (A), by striking
``section 604(g)(3)'' and inserting ``section
604(f)(3)''; and
(ii) in subsection (k)(1)(B)--
(I) in clause (iii), by striking
``section 604(a)(3)(D)'' and inserting
``section 604(a)(3)(B)''; and
(II) in clause (iv)(I), by striking
``section 604(a)(3)(F)(ii)'' and
inserting ``section 604(a)(3)(D)'';
(B) in section 621 (15 U.S.C. 1681s)--
(i) in subsection (b)(1), in the matter
preceding subparagraph (A), by striking
``persons who furnish information to such
agencies, and users of information that are
subject to section 615(d)'' and inserting ``and
persons who furnish information to such
agencies''; and
(ii) in subsection (e)(1), in the first
sentence, by striking ``615(e)'' and inserting
``615(d)'';
(C) in section 623(c)(3) (15 U.S.C. 1681s-2(c)(3)),
by striking ``subsection (e)'' and inserting
``subsection (d)''; and
(D) in section 625(b) (15 U.S.C. 1681t(b))--
(i) in paragraph (1)--
(I) in subparagraph (A), by
striking ``subsection (c) or (e) of
section 604'' and inserting ``section
604(d)'';
(II) by striking subparagraph (D);
(III) by redesignating
subparagraphs (E) through (I) as
subparagraphs (D) through (H),
respectively; and
(IV) in subparagraph (H), as so
redesignated, by striking ``section
615(h)'' and inserting ``section
615(g)''; and
(ii) in paragraph (5)(F), by striking
``(e), (f), and (g)'' and inserting ``(d), (e),
and (f)''.
SEC. 4. ENHANCEMENT OF FRAUD ALERT PROTECTIONS.
(a) In General.--Section 605A of the Fair Credit Reporting Act (15
U.S.C. 1681c-1) is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (h) as
subsections (a) through (g), respectively;
(3) in subsection (a), as so redesignated--
(A) in the subsection heading, by striking
``Extended'' and inserting ``Fraud''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``submits an identity theft
report'' and inserting ``asserts in good faith
a suspicion that the consumer has been or is
about to become a victim of fraud or related
crime, including identity theft, or has been or
will be harmed by the unauthorized disclosure
of the financial or personally identifiable
information of the consumer,'';
(ii) in subparagraph (A), by striking ``7-
year'' and inserting ``10-year'';
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraph (C) as
subparagraph (B);
(v) in subparagraph (B), as so
redesignated--
(I) by striking ``extended''; and
(II) by striking the period at the
end and inserting ``; and''; and
(vi) by adding at the end the following:
``(C) upon the expiration of the period described
in subparagraph (A), or a subsequent 10-year period,
and in response to a direct request by the consumer or
such representative, continue the fraud alert for an
additional period of 10 years if the consumer or such
representative submits an identity theft report.'';
(4) in subsection (b), as so redesignated--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (1) and (3) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly;
(C) in the matter preceding subparagraph (A), as so
redesignated, by striking ``Upon the direct request''
and inserting the following:
``(1) In general.--Upon the direct request''; and
(D) by adding at the end the following:
``(2) Access to free reports.--If a consumer reporting
agency includes an active duty alert in the file of an active
duty military consumer, the consumer reporting agency shall--
``(A) disclose to the active duty military consumer
that the active duty military consumer may request a
free copy of the file of the active duty military
consumer under section 612(d) during each 1-year period
beginning on the date on which the activity duty
military alert is requested and ending on the date of
the last day that the active duty alert applies to the
file of the active duty military consumer; and
``(B) not later than 3 business days after the date
on which the active duty military consumer makes a
request described in subparagraph (A), provide to the
active duty military consumer all disclosures required
to be made under section 609, without charge to the
active duty military consumer.'';
(5) by amending subsection (c), as so redesignated, to read
as follows:
``(c) Procedures.--Each consumer reporting agency described in
section 603(p) shall establish and make available to the public on the
Internet website of the consumer reporting agency policies and
procedures to comply with this section, including policies and
procedures--
``(1) that inform consumers of the availability of fraud
alerts, active duty alerts, or the method provided under
section 605C(a), as applicable;
``(2) that allow consumers to request fraud alerts and
active duty alerts in a simple and easy manner; and
``(3) for asserting in good faith a suspicion that the
consumer has been or is about to become a victim of fraud or
related crime, including identity theft, or has been or will be
harmed by the unauthorized disclosure of the financial or
personally identifiable information of the consumer, for a
consumer requesting a fraud alert.'';
(6) in subsection (d), as so redesignated, by striking
paragraphs (1), (2), and (3) and inserting the following:
``(1) paragraphs (1)(A), (1)(C), and (2) of subsection (a),
in the case of a referral under subsection (a)(1)(B); and
``(2) subsection (b)(1)(A), in the case of a referral under
subsection (b)(1)(B).'';
(7) in subsection (f), as so redesignated, by inserting
``or has been or will be harmed by the unauthorized disclosure
of the financial or personally identifiable information of the
consumer,'' after ``identity theft,''; and
(8) in subsection (g), as so redesignated--
(A) in paragraph (1)--
(i) in the paragraph heading, by striking
``initial'' and inserting ``fraud alerts'';
(ii) in subparagraph (A), by striking
``initial''; and
(iii) in subparagraph (B)(i), by striking
``an initial'' and inserting ``a''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``extended'' and inserting ``fraud'';
(ii) in subparagraph (A), in the matter
preceding clause (i), by striking ``extended''
and inserting ``fraud''; and
(iii) in subparagraph (B), by striking ``an
extended'' and inserting ``a''.
(b) Technical and Conforming Amendment.--Section 612(d) of the Fair
Credit Reporting Act (15 U.S.C. 1681j(d)) is amended by striking
``subsections (a)(2) and (b)(2) of section 605A, as applicable'' and
inserting ``section 605A(a)(2)''. | Equifax Consumer Protection and Data Empowerment Act of 2018 This bill amends the Fair Credit Reporting Act to revise the consumer protection duties of consumer reporting agencies. Credit reporting agencies must provide a cost-free method for consumers to control the release of their information for certain purposes. The bill limits the purposes for which a consumer reporting agencies may provide a consumer's information to a third party. For example, consumer reporting agencies may not provide consumer information to a third party for a credit or insurance transaction not initiated by the consumer. The bill revises the requirements for fraud alerts provided by consumer reporting agencies, including by extending the length of all alerts to 10 years and expanding access to free reports. | {"src": "billsum_train", "title": "Equifax Consumer Protection and Data Empowerment Act of 2018"} | 3,405 | 152 | 0.552341 | 1.539277 | 0.739786 | 1.669173 | 22.278195 | 0.81203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Anti-Semitism Act of
2010''.
SEC. 2. REPORTS.
Section 4 of the Global Anti-Semitism Review Act of 2004 (Public
Law 108-332) is amended to read as follows:
``SEC. 4. REPORTS AND BRIEFS.
``(a) Reports.--Not later than one year after the date of the
enactment of this Act and not later than December 31 of each even-
numbered year thereafter, the Secretary of State shall submit to
Congress a report on acts of anti-Semitism in countries around the
world, including a description of--
``(1) acts of anti-Semitic physical violence against, and
anti-Semitic harassment of, Jewish people, and acts of anti-
Semitic violence against, and anti-Semitic vandalism of, Jewish
community institutions, such as schools, synagogues, or
cemeteries, that occurred in each country, including a
description of emerging issues and key trends;
``(2) anti-Semitic incitement and discourse, including
instances of propaganda in government and nongovernment media,
and including anti-Semitic incitement and discourse couched as
expression against the State of Israel, that occur in each
country, including a description of emerging issues and key
trends;
``(3) the responses of the government of each country to
the acts, incitement, and discourse referred to in paragraphs
(1) and (2), including the willingness of leading government
officials to publicly condemn such acts, incitement, and
discourse;
``(4) the actions taken by the government of each country
to enact, enforce, and prosecute laws relating to anti-
Semitism, including the provision to law enforcement,
prosecutorial, and other bodies of training and resources
relating to monitoring and combating anti-Semitism;
``(5) government monitoring, collecting data on, and
publicly reporting the acts, incitement, and discourse referred
to in paragraphs (1) and (2), and fulfillment or non-
fulfillment of governmental obligations or commitments to such
monitoring, collecting, and reporting; and
``(6) the promotion by the government of each country of
anti-bias and tolerance education directed specifically to
countering anti-Semitism, including Holocaust education and
commemoration.
``(b) Briefs.--Not later than year after the date of the enactment
of this Act and not later than December 31 of each year thereafter, the
Ambassador at Large for Monitoring and Combating Anti-Semitism shall
brief Congress on United States policies to monitor and combat anti-
Semitism in countries around the world, including a description of--
``(1) United States advocacy within intergovernmental
organizations of policies to address anti-Semitism in the
member states of such organizations, including technical and
other assistance, training, and cooperation offered, and United
States diplomacy to counter anti-Semitism within
intergovernmental organizations and forums that promote anti-
Semitism or provide it with a platform;
``(2) United States advocacy in bilateral relations with
countries around the world of policies to address anti-
Semitism, including technical assistance and other assistance,
training, and cooperation offered;
``(3) United States contributions to support specific
initiatives to monitor and combat anti-Semitism in countries
around the world;
``(4) United States outreach to Jewish communities in
countries around the world, including Jewish communities in
countries where such communities are endangered, vulnerable to,
or subject to anti-Semitic violence, harassment, vandalism,
incitement, or discourse;
``(5) United States advocacy to encourage countries around
the world to implement commitments to monitor and combat anti-
Semitism;
``(6) incorporation by the Department of State of
monitoring and combating anti-Semitism into the Department's
public diplomacy program, including the International Visitors
Program; and
``(7) Department of State training on issues relating to
monitoring and combating anti-Semitism, including training at
the Foreign Service Institute, being provided to chiefs of
mission, human rights officers, other Foreign Service officers,
the staff of the Office to Monitor and Combat Anti-Semitism,
the staff of the Office of International Religious Freedom, and
other officers and staff of the Department of State and other
departments and agencies as needed.''.
SEC. 3. OFFICE TO MONITOR AND COMBAT ANTI-SEMITISM.
Section 59 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2731) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)--
(i) in the heading, by striking ``Special
Envoy'' and inserting ``Ambassador at Large'';
and
(ii) by striking ``Special Envoy'' and
```Special Envoy''' and inserting ``Ambassador
at Large'' and ```Ambassador at Large''',
respectively; and
(B) by amending subparagraph (B) to read as
follows:
``(B) Appointment of ambassador at large.--The
President shall appoint the Ambassador at Large, by and
with the advice and consent of the Senate.'';
(2) in subsection (c), by striking ``Special Envoy'' each
place it appears and inserting ``Ambassador at Large''; and
(3) by adding at the end the following new subsection:
``(d) Funding.--The Secretary of State shall provide the Ambassador
at Large with funds for the hiring of staff for the Office (which staff
shall be distinct from the staff of the Office of International
Religious Freedom or any other office or bureau of the Department of
State) to assist the Ambassador at Large in carrying out the provisions
of this section, including sufficient staff to coordinate and assist in
the preparation of reports required under section 4(a) of the Global
Anti-Semitism Review Act of 2004 (Public Law 108-332), for the conduct
of investigations by the Office, and for any necessary travel.''.
SEC. 4. TRAINING FOR FOREIGN SERVICE OFFICERS.
Section 708(a) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``the Ambassador at Large for
Monitoring and Combating Anti-Semitism appointed under
section 59 of the State Department Basic Authorities
Act of 1956,'' before ``the Ambassador at Large for
International Religious Freedom'';
(B) by striking ``January 1, 1999'' and inserting
``January 1, 2012''; and
(C) by inserting ``human rights officers, the staff
of the Office to Monitor and Combat Anti-Semitism,
other staff of the Office of International Religious
Freedom, and other officers and staff of the Department
of State and other Federal departments and agencies as
needed'' after ``chiefs of mission,'';
(2) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively; and
(3) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) instruction on anti-Semitism, including various
aspects and manifestations of anti-Semitism, and on legal, law
enforcement, and prosecutorial issues relevant to monitoring
and combating anti-Semitism;''. | Combating Anti-Semitism Act of 2010 - Amends the Global Anti-Semitism Review Act of 2004 to revise substantive and periodic reporting provisions.
Amends the State Department Basic Authorities Act of 1956 to provide that the Office to Monitor and Combat anti-Semitism shall be headed by the Ambassador at Large for Monitoring and Combating anti-Semitism. (The Office is currently headed by the Special Envoy for Monitoring and Combating anti-Semitism.)
Amends the Foreign Service Act of 1980 to include in Foreign Service officer training after January 1, 2012, instruction on anti-Semitism and on legal and law enforcement issues relevant to monitoring and combating anti-Semitism. | {"src": "billsum_train", "title": "To amend the Global Anti-Semitism Review Act of 2004 and the State Department Basic Authorities Act of 1956 to provide for additional reporting and briefing on anti-Semitism around the world and on Department of State actions to monitor and combat anti-Semitism, funding the Office to Monitor and Combat Anti-Semitism, training for Foreign Service Officers and other employees and staff of the Department of State, and for other purposes."} | 1,673 | 165 | 0.564108 | 1.544842 | 0.771694 | 4.736 | 12.2 | 0.912 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Antitrust Enforcement Act
of 2009''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO RAIL CARRIERS.
(a) Mergers and Acquisitions.--The last undesignated paragraph of
section 7 of the Clayton Act (15 U.S.C. 18) is amended by inserting
``(excluding transactions involving a rail carrier as defined in
section 10102 of title 49 of the United States Code)'' after ``Surface
Transportation Board''.
(b) Vesting of Authority in Antitrust Agencies.--Section 11(a) of
the Clayton Act (15 U.S.C. 21(a)) is amended by inserting ``(excluding
a rail carrier as defined in section 10102 of such title)'' after
``Code''.
(c) Injunctions.--The proviso in section 16 of the Clayton Act (15
U.S.C. 26) is amended by inserting ``, except against a rail carrier
(as defined in section 10102 of such title)'' after ``Code''.
(d) Federal Trade Commission Authority.--Section 5(a)(2) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by adding
at the end the following:
``For purposes of this paragraph with respect to unfair methods of
competition, the term `common carriers' excludes a rail carrier as
defined in section 10102 of title 49 of the United States Code.''.
SEC. 3. TERMINATION OF ANTITRUST EXEMPTIONS IN TITLE 49.
(a) In General.--Section 10706 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) beginning in the 3d sentence of paragraph
(2)(A) by striking ``, and the Sherman Act (15 U.S.C.
1, et seq.),'' and all that follows through ``However,
the'' and inserting ``. The'',
(B) in paragraph (3)(B)--
(i) by striking ``(i)'', and
(ii) by striking clause (ii),
(C) in paragraph (4)--
(i) by striking the 2d sentence, and
(ii) in the 3d sentence by striking
``However, the'' and inserting ``The'', and
(D) in paragraph (5)(A) by striking ``, and the
antitrust laws set forth in paragraph (2) of this
subsection do not apply to parties and other persons
with respect to making or carrying out the agreement'',
(2) in subsection (d) by striking the last sentence, and
(3) by striking subsection (e) and inserting the following:
``(e) Nothing in this section exempts an agreement approved, or
submitted for approval, under subsection (a) from the application of
the antitrust laws (as defined in subsection (a) of the 1st section of
the Clayton Act, but including section 5 of the Federal Trade
Commission Act to the extent such section 5 applies to unfair methods
of competition).
``(f) In reviewing any agreement submitted for approval under
subsection (a), the Board shall take into account, among any other
considerations, the impact of such agreement on shippers, consumers,
and affected communities. The Board shall make findings regarding such
impact, which shall be--
``(1) made part of the administrative record;
``(2) submitted to any other reviewing agency for
consideration in making its determination; and
``(3) available in any judicial review of the Board's
decision regarding such agreement.''.
(b) Combinations.--Section 11321 of title 49, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``The authority'' and inserting
``Subject to subsection (c), the authority'', and
(B) in the 3d sentence by striking ``is exempt from
the antitrust laws and from all other law,'' and
inserting ``is exempt from all other law (except the
laws referred to in subsection (c)),'', and
(2) by adding at the end the following:
``(c) Nothing in this subchapter exempts a transaction described in
subsection (a) from the application of the antitrust laws (as defined
in subsection (a) of the 1st section of the Clayton Act, but including
section 5 of the Federal Trade Commission Act to the extent such
section 5 applies to unfair methods of competition). The preceding
sentence shall not apply to any transaction relating to the pooling of
railroad cars approved by the Surface Transportation Board or its
predecessor agency pursuant to section 11322.
``(d) In reviewing any transaction described in subsection (a), the
Board shall take into account, among any other considerations, the
impact of the transaction on shippers and affected communities.''.
(c) Conforming Amendments.--
(1) Heading.--The heading for section 10706 of title 49,
United States Code, is amended to read as follows: ``Rate
agreements''.
(2) Analysis of sections.--The analysis of sections of
chapter 107 of such title is amended by striking the item
relating to section 10706 and insert the following:
``10706. Rate agreements.''.
SEC. 4. CLARIFICATIONS REGARDING APPLICABILITY OF REGULATORY DOCTRINES.
(a) Filed Rate Doctrine.--The antitrust laws shall apply to a rail
carrier (as defined in section 10102 of title 49 of the United States
Code), without regard to whether such rail carrier filed a rate or
whether a complaint challenging a rate is filed.
(b) Doctrine of Primary Jurisdiction.--In any civil action under
the antitrust laws against a rail carrier (as defined in section 10102
of title 49 of the United States Code), the district court shall retain
the discretion to defer to the jurisdiction of the Surface
Transportation Board.
(c) Definition.--For purposes of subsections (a) and (b), the term
``antitrust laws'' has the meaning given it in subsection (a) of the
1st section of the Clayton Act (15 U.S.C. 12(a)), but includes section
5 of the Federal Trade Commission Act to the extent such section 5
applies to unfair methods of competition.
SEC. 5. EFFECTIVE DATE.
(a) In General.--Except as provided in subsections (b) and (c),
this Act and the amendments made by this Act shall take effect on the
date of enactment of this Act.
(b) Limitation.--No civil action under the antitrust laws may be
filed with respect to any conduct or activity, including any agreement
or provision thereof, that--
(1) concluded or terminated before the expiration of the
180-day period beginning on the date of the enactment of this
Act, and
(2) was exempted by statute from the antitrust laws as the
result of an order of the Interstate Commerce Commission or the
Surface Transportation Board issued before the date of the
enactment of this Act.
(c) Exclusion.--No civil action under the antitrust laws may be
filed for the purpose of dissolving or otherwise undoing any merger,
acquisition, or transfer of control consummated before the date of the
enactment of this Act that was exempted by statute from the antitrust
laws as the result of an order described in subsection (b)(2).
(d) Definition.--For purposes of subsections (b) and (c), the term
``antitrust laws'' has the meaning given it in subsection (a) of the
1st section of the Clayton Act (15 U.S.C. 12(a)), but includes section
5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition. | Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to remove an exemption from coverage under the federal antitrust laws with respect to mergers and acquisitions involving rail carriers. Removes from the Surface Transportation Board (STB) the authority to enforce federal antitrust laws with respect to rail carriers (thus vesting such authority in the federal antitrust agencies). Removes: (1) the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws; and (2) the rail carrier exemption from the Federal Trade Commission (FTC) prohibition against unfair methods of competition.
Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements. Requires the STB, when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record.
Makes federal antitrust laws applicable to rail carriers regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed. Provides that, in any civil action against a rail carrier, the U.S. district court shall retain the discretion to defer to the jurisdiction of the STB.
Sets forth an effective date for this Act as the date of enactment, but provides a 180-day grace period for conduct that was exempted under the antitrust laws before such date of enactment. | {"src": "billsum_train", "title": "To amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads."} | 1,790 | 331 | 0.565369 | 1.624075 | 0.728067 | 2.52518 | 5.669065 | 0.856115 |
SECTION 1. ADJUSTMENT OF STATUS FOR CERTAIN PERSIAN GULF EVACUEES.
(a) In General.--The Attorney General shall adjust the status of
each alien referred to in subsection (b) to that of an alien lawfully
admitted for permanent residence if the alien--
(1) applies for such adjustment;
(2) has been physically present in the United States for at
least 1 year and is physically present in the United States on
the date the application for such adjustment is filed;
(3) is admissible to the United States as an immigrant,
except as provided in subsection (c); and
(4) pays a fee (determined by the Attorney General) for the
processing of such application.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided in subsection (a) shall apply to the following aliens:
(1) Waddah Al-Zireeni, Enas Al-Zireeni, and Anwaar Al-
Zireeni.
(2) Salah Abu-El-Jibat, Ghada Salameh, and Tareq Abu-El-
Jibat.
(3) Jehad Mustafa, Amal Mustafa, and Raed Mustafa.
(4) Shaher M. Abed and Laila Abed.
(5) Zaid Khan and Nadira Khan.
(6) Rawhi Abu Tabanja, Basima Abu Tabanja, and Mohammed Abu
Tabanja.
(7) Reuben D'Silva, Anne D'Silva, Natasha D'Silva, and
Agned D'Silva.
(8) Ali H. Alkhaleel and Fatin A. Alkhaleel.
(9) Abbas I. Bhikhapurwala, Nafisa Bhikhapurwala, and
Tasnim Bhikhapurwala.
(10) Fayez Ezzir, Abeer Ezzir, Sharif Ezzir, and Mohammed
Ezzir.
(11) Issam Musleh, Nadia Khader, and Duaa Musleh.
(12) Ahmad Khalil, Mona Khalil, and Sally Khalil.
(13) Husam Al-Khadrah and Kathleen Al-Khadrah.
(14) Nawal M. Hajjawi.
(15) Isam S. Naser and Samar I. Naser.
(16) Amalia Arsua.
(17) Feras Taha, Bernardina Lopez-Taha, and Yousef Taha.
(18) Mahmoud M. El-Essa and Nadia El-Essa.
(19) Emad Jawwad.
(20) Mohammed Alawamleh, Zainab Abueljebain, and Nizar
Alawamleh.
(21) Yacoub Ibrahim and Wisam Ibrahim.
(22) Tareq Shehadah and Inas Shehadah.
(23) Basim Al-Ali and Nawal Al-Ali.
(24) Hael Basheer Atari and Hana'a Al Mughrabi.
(25) Fahim N. Mahmoud, Firnal A. Rizeq, Alla Mahmoud, and
Ahmed Mahmoud.
(26) Tareq A. Attari.
(27) Ahmad M. Mobaslat, Abeer Shehadeh, and Alaa Mobaslat.
(28) Mohammed A. Shayib, Zahra M. Ajaoui, Najat El-Shayib,
Rime El-Shayib, and Ramzi El-Shayib.
(29) Awwad Al-Habli, Saosan Y. Dardas, Sara Al-Habli,
Yasmin Al-Habli, Hala Al-Habli, and Ibraheem Al-Habli.
(30) Maamoun Ahmad and Sanaa Hakkani.
(31) Azmi A. Mukahal, Wafa Mukahal, Yasmin A. Mukahal, and
Ahmad A. Mukahal.
(32) Nabil El-Hawwash, Amal M. Shawish, and Ishaq El-
Hawwash.
(33) Sameeh Elsharif, Sahar Elsharif, and Sarah Elsharif.
(34) Samir Ghalayini, Ismat F. Abujaber, and Wasef
Ghalayini.
(35) Iman Mallah, Rana Mallah, and Muhanad Mallah.
(36) Mohssen Mahmoud and Alia Al Rafie.
(37) Nijad Abdelrahman, Najwa Abdalla, and Faisal
Abdelrahman.
(38) Nezam Mahdawi, Sohad Mahdawi, and Bassam Mahdawi.
(39) Khalid S. Mahmoud and Fawzieh Mahmoud.
(40) Wael Saymeh, Zatelhimma Al Sahafie, Duaa Saymeh, and
Ahmad Saymeh.
(41) Ahmed M. Naji.
(42) Sesinando P. Suaverdez, Cynthia Suaverdez, Maria
Cristina Suaverdez, and Sesinando Suaverdez II.
(43) Thabet Said, Hanan Said, and Yasmin Said.
(44) Hani Salem, Manal Salem, Tasnim Salem, and Suleiman
Salem.
(45) Ihsan Adwan, Hanan Adwan, Maha Adwan, Nada Adwan, Reem
Adwan, and Lina Adwan.
(46) Ziyad Al Ajjouri and Dima Al Ajjouri.
(47) Essam Taha.
(48) Mohamed Suleiman and Salam Suleiman.
(49) Salwa S. Beshay, Alexan L. Basta, Rehan Lamai, and
Sherif Lamai.
(50) Latifeh Hussin, Sameer Hussin, Anas Hussin, Ahmed
Hussin, Ayman Hussin, and Assma Hussin.
(51) Fadia Shaat, Bader Shaat, Dalia Shaat, Abdul Azim
Shaat, Farah Shaat, and Rawan Shaat.
(52) Bassam Barqawi and Amal Barqawi.
(53) Nabil A. Maswadeh.
(54) Nizam I. Wattar and Mohamad El Wattar.
(55) Wael F. Shbib and Ektimal Shbib.
(56) Reem Salman and Rasha Salman.
(57) Khalil A. Awadalla and Eman K. Awadalla.
(58) Nabil Alyadak, Majeda Sheta, Iman Alyadak, and Wafa
Alyadak.
(59) Mohammed Ariqat, Hitaf Ariqat, Ruba Ariqat, Rania
Ariqat, and Reham Ariqat.
(60) Hazem A. Al-Masri and Maha H. Al-Masri.
(61) Tawfiq M. Al-taher and Rola T. Al-Taher.
(62) Nadeem Mirza.
(c) Waiver of Certain Grounds for Inadmissibility.--The provisions
of subsection (e) and paragraphs (4), (5), and (7)(A) of subsection (a)
of section 212 of the Immigration and Nationality Act shall not apply
to adjustment of status under this Act and the Attorney General may
waive any other provision of section 212 of the Immigration and
Nationality Act (other than paragraph (2)(C) and subparagraphs (A),
(B), (C), or (E) of paragraph (3)) with respect to such an adjustment
for humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Date of Approval.--Upon the approval of an application for
adjustment of status under this section, the Attorney General shall
create a record of the alien's admission as an alien lawfully admitted
for permanent residence as of the date of the alien's parole or other
admission into the United States.
(e) Offset in Number of Visas Available.--Upon each granting to an
alien of the status of having been lawfully admitted for permanent
residence under this section, the Secretary of State shall instruct the
proper officer to reduce by 1, during the current or next following
fiscal year, the total number of immigrant visas that are made
available to natives of the country of the alien's birth under section
203(a) of the Immigration and Nationality Act or, if applicable, the
total number of immigrant visas that are made available to natives of
the country of the alien's birth under section 202(e) of such Act.
(f) Temporary Stay of Removal and Work Authorization.--The Attorney
General--
(1) shall refrain from deporting or removing from the
United States an alien who is eligible for adjustment of status
under this section, but who is not yet lawfully admitted for
permanent residence; and
(2) shall authorize such an alien to engage in employment
in the United States. | Directs the Attorney General to adjust the status of specified Persian Gulf evacuees to permanent resident. | {"src": "billsum_train", "title": "For the relief of certain Persian Gulf evacuees."} | 2,103 | 24 | 0.412697 | 1.212994 | 0.372863 | 2.235294 | 87.352941 | 0.823529 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Arab League's trade boycott of the State of Israel
is inconsistent with World Trade Organization's (WTO) principle
of nondiscrimination.
(2) Trade boycotts of the State of Israel are a barrier to
better relations between Israel and nations of the Arab League.
(3) It has been the long-standing policy of the United
States to oppose the enforcement of trade boycotts of Israel.
(4) Many members of the World Trade Organization continue
to enforce the primary trade boycott of the State of Israel.
Other WTO members continue to enforce the secondary and
tertiary trade boycott of the State of Israel.
(5) Taxpayers are required to report requests to
participate in or cooperate with an international boycott.
Section 999 of the Internal Revenue Code of 1986 requires the
Secretary of the Treasury to keep a list of countries which
require or may require participation in, or cooperation with, a
trade boycott of Israel. Currently, the list of countries which
require or may require participation in a trade boycott of
Israel includes Kuwait, Lebanon, Libya, Qatar, Saudi Arabia,
Syria, the United Arab Emirates, and the Republic of Yemen.
(6) In 2005, during negotiations for the accession of the
Kingdom of Saudi Arabia to the World Trade Organization (WTO),
the United States received assurances from the Kingdom of Saudi
Arabia that, upon accession, ``WTO rules will apply between
Saudi Arabia and all current members'' which includes Israel.
Further, the United States received assurances that ``Saudi
Arabia is legally obligated to provide most-favored nation
treatment to all WTO Members, including Israel. Any government
sanctioned activity on the Boycott [of Israel] would be a
violation of Saudi Arabia's obligations and subject to dispute
settlement. This legal obligation cannot be changed.''.
(7) The United States Trade Representative reports annually
on the Arab League's trade boycott of Israel under the National
Trade Estimate report but that reporting on trade boycotts of
Israel can be improved through additional reporting
requirements.
(8) Greater transparency and more comprehensive reporting
will assist United States taxpayers in complying with United
States law and policy regarding trade boycotts of Israel.
(9) Improved reporting will enhance efforts to end all
trade boycotts of Israel and allow progress on ending such
boycotts to be better measured.
(10) Taking steps to improve transparency with respect to
the boycott of Israel can serve the United States goal of the
elimination of the trade boycott of Israel. Fostering increased
trade and investment ties between Israel and the countries of
the greater Middle East can encourage stronger ties and greater
understanding among the peoples of the Middle East.
SEC. 2. STATEMENT OF POLICY.
Congress reaffirms its opposition to trade boycotts of Israel and
calls on the President to take stronger steps to end all trade boycotts
of Israel.
SEC. 3. NATIONAL TRADE ESTIMATE REPORTING REQUIREMENT.
Section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)) is
amended by adding at the end the following:
``(4) Report on the boycott of israel.--
``(A) In general.--The United States Trade
Representative shall include in each report submitted
under paragraph (1) a list of each country that
participates in any trade boycott of Israel. With
respect to each country identified as participating in
a formal or informal trade boycott of the State of
Israel, the United States Trade Representative shall
report on a country-specific basis the following:
``(i) Whether the country is a participant
in the Arab League boycott or any other boycott
of Israel including any boycott sponsored by
the Arab League or the Organization of Islamic
Conference.
``(ii) Whether any officials of the
boycotting country have attended any Arab
League or Organization of the Islamic
Conference boycott meetings in any official or
unofficial capacity during the year preceding
the submission of the report.
``(iii) Whether the boycotting country
maintains a government office with
responsibility for enforcement of a boycott of
Israel.
``(iv) Whether the boycotting country has
laws enforcing a boycott of Israel or otherwise
prohibiting Israeli origin goods from entering
its territories and a summary of those laws.
``(v) Whether the boycotting country has
recently changed its domestic boycott laws or
regulations with respect to either
strengthening or eliminating the boycott.
``(vi) Whether a country's laws or
practices with respect to a boycott of Israel
are of a nature that they may lead a taxpayer
to reasonably conclude that the taxpayer would
be required to report a request to participate
in or cooperate with the boycott to the
Secretary of the Treasury pursuant to section
999 of the Internal Revenue Code of 1986.
``(vii) Whether a country encourages or
otherwise condones, through government-
sponsored actions, an unofficial boycott of
goods of Israeli origin, including consumer
marketing campaigns directed against the
purchase of goods of Israeli origin.
``(viii) Whether a country's formal or
informal boycott practices have had an
identifiable impact on United States exports of
goods that have Israeli content.
``(ix) Whether a country's formal or
informal boycott practices have had an
identifiable impact on United States businesses
with operations or investments in Israel.
``(B) Other information.--The United States Trade
Representative shall include in the National Trade
Estimate a report on any steps taken by the United
States at the World Trade Organization or other
international fora to end the trade boycott of the
State of Israel.''. | Reaffirms congressional opposition to trade boycotts of Israel and calls on the President to take stronger steps to end all trade boycotts of Israel.
Amends the Trade Act of 1974 to direct the United States Trade Representative to include in: (1) the annual trade barrier report a list of each country (and specified boycott-related information about such country) that participates in any trade boycott of Israel; and (2) the National Trade Estimate a report on U.S. steps taken at the World Trade Organization (WTO) or other international fora to end the trade boycott of Israel. | {"src": "billsum_train", "title": "To enhance the reporting requirements on the status of the Arab League trade boycott of Israel and other trade boycotts of Israel."} | 1,189 | 122 | 0.524178 | 1.436032 | 0.586007 | 4.836364 | 10.572727 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban Poisonous Additives Act of
2009''.
SEC. 2. BAN ON USE OF BISPHENOL A IN FOOD AND BEVERAGE CONTAINERS.
(a) Treatment of Bisphenol A as Adulterating the Food or
Beverage.--For purposes of applying section 402(a)(6) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)(6)), a food container
(which for purposes of this Act includes a beverage container) that is
composed, in whole or in part, of bisphenol A, or that can release
bisphenol A into food (as defined for purposes of the Federal Food,
Drug, and Cosmetic Act), shall be treated as a container described in
such section (relating to containers composed, in whole or in part, of
a poisonous or deleterious substance which may render the contents
injurious to health).
(b) Effective Dates.--
(1) Reusable food containers.--
(A) Definition.--In this Act, the term ``reusable
food container'' means a reusable food container that
does not contain a food item when it is introduced or
delivered for introduction into interstate commerce.
(B) Applicability.--Subsection (a) shall apply to
reusable food containers on the date that is 180 days
after the date of enactment of this Act.
(2) Other food containers.--Subsection (a) shall apply to
food containers that are packed with a food and introduced or
delivered for introduction into interstate commerce on or after
the date that is 180 days after the date of enactment of this
Act.
(c) Waiver.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), after public
notice and opportunity for comment, may grant to any facility
(as that term is defined in section 415 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 350d)) a waiver of the
treatment described in subsection (a) for a certain type of
food container, as used for a particular food product, if such
facility--
(A) demonstrates that it is not technologically
feasible to replace bisphenol A in such type of
container for such particular food product; and
(B) submits to the Secretary a plan and timeline
for removing bisphenol A from such type of container
for that food product.
(2) Applicability.--A waiver granted under paragraph (1)
shall constitute a waiver of the treatment described in
subsection (a) for any facility that manufactures, processes,
packs, holds, or sells the particular food product for which
the waiver was granted.
(3) Labeling.--Any product for which the Secretary grants
such a waiver shall display a prominent warning on the label
that the container contains bisphenol A, in a manner that the
Secretary shall require, which manner shall ensure adequate
public awareness of potential health effects associated with
bisphenol A.
(4) Duration.--
(A) Initial waiver.--Any waiver granted under
paragraph (1) shall be valid for not longer than 1 year
after the applicable effective date in subsection (b).
(B) Renewal of waiver.--The Secretary may renew any
waiver granted under subparagraph (A) for a period of
not more than 1 year.
(d) List of Substances That Are Generally Recognized as Safe.--
(1) Review.--The Secretary, acting through the Commissioner
of Food and Drugs, shall, not later than 1 year after enactment
of this Act and not less than once every 5 years thereafter,
review--
(A) the substances that are generally recognized as
safe, listed in part 182 of title 21, Code of Federal
Regulations (or any successor regulations);
(B) the direct food substances affirmed as
generally recognized as safe, listed in part 184 of
title 21, Code of Federal Regulations (or any successor
regulations); and
(C) the indirect food substances affirmed as
generally recognized as safe, listed in part 186 of
title 21, Code of Federal Regulations (or any successor
regulations).
(2) Public comment.--In conducting the review described in
paragraph (1), the Secretary shall provide public notice and
opportunity for comment.
(3) Remedial action.--If, after conducting the review
described in paragraph (1), the Secretary determines that, with
regard to a substance listed in such part 182, 184, or 186, new
scientific evidence, including scientific evidence showing that
the substance causes reproductive or developmental toxicity in
humans or animals, supports--
(A) banning a substance;
(B) altering the conditions under which a substance
may be introduced into interstate commerce; or
(C) imposing restrictions on the types of products
for which the substance may be used,
the Secretary shall remove such substance from the list of
substances, direct food substances, or indirect food substances
generally recognized as safe, as appropriate, and shall take
other remedial action, as necessary.
(4) Definition.--In this Act, the term ``reproductive or
developmental toxicity'' has the meaning given such term in
section 409(h)(6) of the Federal Food, Drug, and Cosmetic Act,
as amended by section 3.
(e) Savings Provision.--Nothing in this Act shall affect the right
of a State, political subdivision of a State, or Indian tribe to adopt
or enforce any regulation, requirement, liability, or standard of
performance that is more stringent than a regulation, requirement,
liability, or standard of performance under this Act or that--
(1) applies to a product category not described in this
Act; or
(2) requires the provision of a warning of risk, illness,
or injury associated with the use of food containers composed
of bisphenol A.
SEC. 3. AMENDMENTS TO SECTION 409 OF THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT.
Subsection (h) of section 409 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 348(h)(1)) is amended--
(1) in paragraph (1)--
(A) by striking ``manufacturer or supplier for a
food contact substance may'' and inserting
``manufacturer or supplier for a food contact substance
shall'';
(B) by inserting ``(A)'' after ``notify the
Secretary of'';
(C) by striking ``, and of'' and inserting ``;
(B)''; and
(D) by striking the period after ``subsection
(c)(3)(A)'' and inserting ``; (C) the determination of
the manufacturer or supplier that no adverse health
effects result from low dose exposures to the food
contact substance; and (D) the determination of the
manufacturer or supplier that the substance has not
been shown, after tests which are appropriate for the
evaluation of the safety of food contact substances, to
cause reproductive or developmental toxicity in humans
or animals.''; and
(2) by striking paragraph (6) and inserting the following:
``(6) In this section--
``(A) the term `food contact substance' means any
substance intended for use as a component of materials
used in manufacturing, packing, packaging,
transporting, or holding food if such use is not
intended to have any technical effect in such food; and
``(B) the term `reproductive or developmental
toxicity' means biologically adverse effects on the
reproductive systems of female or male humans or
animals, including alterations to the female or male
reproductive system development, the related endocrine
system, fertility, pregnancy, pregnancy outcomes, or
modifications in other functions that are dependent on
the integrity of the reproductive system.''. | Ban Poisonous Additives Act of 2009 - Treats any food container that is composed, in whole or in part, of bisphenol A or that can release bisphenol A into food as a container that is composed of a poisonous or deleterious substance for purposes of the Federal Food, Drug, and Cosmetic Act. Bans the use of such containers. Allows the Secretary of Health and Human Services to grant a waiver of such ban for one year (renewable for an additional year) under specified circumstances. Requires any product for which the Secretary grants a waiver to display a prominent warning on its label of the potential health effects associated with bisphenol A.
Directs the Commissioner of Food and Drugs to periodically review substances listed in federal regulations and generally recognized as safe. Requires any such substances that are shown by new scientific evidence to cause reproductive or developmental toxicity in humans or animals to be banned or otherwise restricted.
Amends the Federal Food, Drug, and Cosmetic Act to require (currently, permits) a manufacturer or supplier of a food contact substance to notify the Secretary of the identity, intended use, and safety of any such substance and of determinations as to the health effects of such substance. | {"src": "billsum_train", "title": "To ban the use of bisphenol A in food containers, and for other purposes."} | 1,704 | 263 | 0.653539 | 1.897591 | 0.926342 | 3.340708 | 6.973451 | 0.90708 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Small Business Investment and
Promotion Act of 2007''.
SEC. 2. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES,
FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by inserting after section 45N the following new
section:
``SEC. 45O. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND
FISHERMEN TO OFFSET HIGH FUEL COSTS.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
the excessive fuel cost credit determined under this section is an
amount equal to the excessive fuel cost paid or incurred by the
taxpayer during the taxable year for any creditable fuel used in any
trade or business of the taxpayer.
``(b) Excessive Fuel Cost.--For purposes of this section--
``(1) In general.--The term `excessive fuel cost' means,
with respect to any creditable fuel, the excess (if any) of--
``(A) the amount paid or incurred by the taxpayer
for such fuel, over
``(B) the adjusted base price for such fuel.
``(2) Adjusted base price.--
``(A) In general.--The term `adjusted base price'
means, with respect to any creditable fuel, the amount
determined by the Secretary to be the applicable Labor
Day 2004 price for such fuel adjusted for inflation.
``(B) Applicable price.--The applicable Labor Day
2004 price for any fuel is the average price for such
fuel for the region in which the taxpayer purchased
such fuel (as determined using data of the Energy
Information Agency of the Department of Energy).
``(C) Inflation adjustment.--The inflation
adjustment shall be determined under the principles of
section 1(f); except that, the Secretary shall use
estimates of the monthly Consumer Price Index (as
defined in such section) where possible to more closely
reflect current inflation.
``(c) Eligible Taxpayer.--For purposes of this section--
``(1) In general.--The term `eligible taxpayer' means any
person engaged in a trade or business if--
``(A) such trade or business is--
``(i) a farming business (as defined in
section 263A(e)(4)), or
``(ii) commercial fishing (as defined in
section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1802)), or
``(B) such person is a small business.
``(2) Small business.--The term `small business' means a
trade or business that employs an annual average of not more
than 50 employees.
``(3) Creditable fuel.--The term `creditable fuel' means--
``(A) gasoline,
``(B) diesel fuel,
``(C) heating oil, and
``(D) natural gas.
``(d) Adjustment of Standard Mileage Rate.--An eligible taxpayer
may elect, in lieu of the credit under this section, a standard mileage
allowance under section 162 equal to 60 cents for each mile traveled
during the period described in subsection (e). The Secretary shall
modify the standard mileage rate under the preceding sentence to the
extent that 60 cents does not accurately reflect that value of the
credit under this section.
``(e) Application of Section.--This section shall apply to fuels
purchased during the 2-year period beginning on the date of the
enactment of this section.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (30), by striking the period at the end of paragraph (31)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(32) in the case of an eligible taxpayer (as defined in
section 45O(c)), the excessive fuel cost credit determined
under section 45O(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45N the following new
item:
``Sec. 45O. Temporary credit for small businesses, farmers, and
fishermen to offset high fuel costs''.
(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. PERMANENT EXTENSION OF RESEARCH CREDIT.
(a) In General.--Section 41 of the Internal Revenue Code of 1986
(relating to credit for increasing research activities) is amended by
striking subsection (h).
(b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such
Code is amended by striking subparagraph (D).
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 4. TREATMENT OF QUALIFIED RESTAURANT PROPERTY, QUALIFIED RETAIL
IMPROVEMENT PROPERTY, AND CERTAIN SYSTEMS INSTALLED IN
NONRESIDENTIAL BUILDINGS AS 15-YEAR PROPERTY FOR PURPOSES
OF DEPRECIATION DEDUCTION.
(a) Qualified Restaurant Property.--Clause (v) of section
168(e)(3)(E) of the Internal Revenue Code of 1986 (defining 15-year
property) is amended by striking ``placed in service before January 1,
2008''.
(b) Qualified Retail Improvement Property and Certain Systems
Installed in Nonresidential Buildings.--
(1) 15-year recovery period.--Subparagraph (E) of section
168(e)(3) of the Internal Revenue Code of 1986 (relating to 15-
year property) is amended by striking ``and'' at the end of
clause (vii), by striking the period at the end of clause
(viii) and inserting a comma, and by adding at the end the
following new clauses:
``(ix) any qualified retail improvement
property, and
``(x) any property--
``(I) which is part of a heating,
ventilation, air conditioning, or
commercial refrigeration system,
``(II) which is installed on or in
a building which is nonresidential real
property, and
``(III) the original use of which
commences with the taxpayer.''.
(2) Definition.--Section 168(e) of such Code (relating to
classification of property) is amended by adding at the end the
following new paragraph:
``(8) Qualified retail improvement property.--
``(A) In general.--The term `qualified retail
improvement property' means any improvement to an
interior portion of a building which is nonresidential
real property if--
``(i) such portion is open to the general
public,
``(ii) such portion is used by a trade or
business that sells tangible personal property
or services to the general public,
``(iii) such trade or business employs an
annual average of not more than 50 employees,
and
``(iv) such improvement is placed in
service more than 3 years after the date the
building was first placed in service.
``(B) Certain improvements not included.--Such term
shall not include any improvement for which the
expenditure is attributable to--
``(i) the enlargement of the building,
``(ii) any elevator or escalator, or
``(iii) the internal structural framework
of the building.''.
(3) Requirement to use straight line method.--Paragraph (3)
of section 168(b) of such Code (relating to applicable
depreciation method) is amended by adding at the end the
following new subparagraphs:
``(I) Qualified retail improvement property
described in subsection (e)(8).
``(J) Property described in subsection
(e)(3)(E)(x).''.
(4) Alternative system.--The table contained in section
168(g)(3)(B) of such Code (relating to special rule for certain
property assigned to classes) is amended by inserting after the
item relating to subparagraph (E)(viii) the following new
items:
``(E)(ix).................................................. 39
(E)(x)..................................................... 25''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 5. AUTHORIZATIONS.
(a) Advanced Technology Program.--There are authorized to be
appropriated to the Secretary of Commerce for the Advanced Technology
Program under section 28 of the National Institute of Standards and
Technology Act (15 U.S.C. 278n) $145,000,000 for fiscal year 2008 and
$150,000,000 for fiscal year 2009.
(b) SCORE.--There are authorized to be appropriated for the Service
Corps of Retired Executives (SCORE) under section 8(b)(1)(B) of the
Small Business Act (15 U.S.C. 637(b)(1)(B) $8,000,000 for fiscal year
2008 and $8,500,000 for fiscal year 2009.
(c) Small Business Development Centers.--There are authorized to be
appropriated for small business development centers under section 21 of
the Small Business Act (15 U.S.C. 648) $140,000,000 fiscal year 2008
and $142,500,000 for fiscal year 2009.
(d) Manufacturing Extension Partnership.--There are authorized to
be appropriated to the Secretary of Commerce for the Manufacturing
Extension Partnership program under sections 25 and 26 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k and 278l)
$120,000,000 for fiscal year 2008 and $125,000,000 for fiscal year
2009.
(e) Women's Business Centers.--There are authorized to be
appropriated for the Women's Business Center Program under section 29
of the Small Business Act (15 U.S.C. 656) $15,500,000 for fiscal year
2008 and $16,000,000 for fiscal year 2009.
SEC. 6. SENSE OF CONGRESS ON FUNDING FOR SMALL BUSINESS PROGRAMS.
(a) Funding for 7(a) Loan Program.--It is the sense of Congress
that Congress should appropriate $79,000,000 for offsetting the cost of
borrowers participating in the loan program under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
(b) Funding for Other Programs.--It is the sense of Congress that
Congress should appropriate funds for the Advanced Technology Program,
the Service Corps of Retired Executives, the Small Business Development
Centers, the Manufacturing Extension Partnership, and the Women's
Business Center Program at the levels authorized under section 4 of
this Act.
SEC. 7. SMALL BUSINESS CONTRACTING GOAL.
(a) Application to Contracts Performed Overseas.--Section 15(g)(1)
of the Small Business Act (15 U.S.C.) is amended in the second sentence
by inserting ``(including awards for contracts performed outside the
United States)'' after ``all prime contract awards''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal years beginning after September 30, 2007. | Small Business Investment and Promotion Act of 2007 - Amends the Internal Revenue Code to: (1) provide to small business owners and operators of farming or commercial fishing businesses a temporary credit for excessive fuel costs paid or incurred in the operation of such business; (2) make permanent the credit for increasing research activities; and (3) treat as 15-year property for purposes of the depreciation deduction qualified restaurant property, qualified retail improvement property, and certain systems installed in nonresidential buildings.
Authorizes appropriations for FY2008-FY2009 for: (1) the Advanced Technology Program; (2) the Service Corps of Retired Executives (SCORE); (3) small business development centers; (4) the Manufacturing Extension Partnership program; and (5) the Women's Business Centers program.
Expresses the sense of Congress calling for appropriate funding for the above programs and the Small Business Act's 7(a) loan program.
Amends the Small Business Act to include awards for contracts performed outside the United States within the federal government's small business contracting goal. | {"src": "billsum_train", "title": "To provide support for small business concerns, and for other purposes."} | 2,669 | 219 | 0.445998 | 1.233875 | 0.67987 | 3.009852 | 11.004926 | 0.91133 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save American Jobs Through L Visa
Reform Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Testimony given at a February 4, 2004, hearing of the
Committee on International Relations of the House of
Representatives indicated that there is widespread abuse by
companies subcontracting to other companies nonimmigrants who
obtained status under the Immigration and Nationality Act by
satisfying the requirements for intracompany transferees with
``specialized knowledge''. Such testimony included that of two
United States citizens displaced from their jobs by such
nonimmigrants.
(2) Further evidence of abuse was indicated by such
citizens citing cases, including their own, where a citizen's
employment was terminated after the citizen trained such
intracompany transferees to perform the citizen's job.
(3) This testimony also indicated that significant numbers
of intracompany transferees admitted to the United States due
to claimed possession of ``specialized knowledge'' do not, in
fact, possess that prerequisite ``specialized knowledge'' at
the time of entry into the United States.
(4) Employers have used the intracompany transferee visa
program to fill thousands of positions in the United States.
57,245 such visas were issued in fiscal year 2003, at the same
time as United States unemployment in information technology
specialities increased. The admission of intracompany
transferees with ``specialized knowledge'' therefore flooded a
job market which had already become highly competitive due to
job losses.
(5) Consular officers overseas continue to document
pervasive fraud in intracompany transferee nonimmigrant visa
petitions filed in certain countries. In China, for example,
recent statistics provided by the United States Embassy in
Beijing to a visiting congressional staff delegation in
February 2004 reported an intracompany transferee nonimmigrant
visa fraud rate of about 40 percent, in petitions received
since fiscal year 2000, with similar fraud rates reported for
other areas of China as well.
SEC. 3. ELIMINATION OF NONIMMIGRANT VISAS FOR INTRACOMPANY TRANSFEREES
WITH SPECIALIZED KNOWLEDGE.
(a) In General.--Section 101(a)(15)(L) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(L)) is amended by striking
``managerial, executive, or involves specialized knowledge,'' and
inserting ``managerial or executive,''.
(b) Conforming Amendments.--Section 214(c)(2) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
(1) by amending subparagraph (D) to read as follows:
``(D) The period of authorized admission for a nonimmigrant
admitted under section 101(a)(15)(L) shall not exceed 7 years.''; and
(2) by striking subparagraph (B) and redesignating
subparagraphs (C) through (E) as subparagraphs (B) through (D),
respectively.
SEC. 4. IMPOSITION OF ANNUAL NUMERICAL LIMITATION.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by section 3 of this Act, is further amended by
adding at the end the following:
``(E) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
(beginning with fiscal year 2005) under section 101(a)(15)(L) may not
exceed 35,000. The numerical limitation in the preceding sentence shall
apply only to principal aliens and not to the spouses or children of
such aliens. The provisions of subsection (g)(3) shall apply to visas
subject to this subparagraph in the same manner as such provisions
apply to visas subject to subsection (g)(1).''.
SEC. 5. REMOVAL OF INTRACOMPANY TRANSFEREES FROM CLASSES OF ALIENS NOT
PRESUMED TO BE IMMIGRANTS.
Section 214(b) of the Immigration and Nationality Act (8 U.S.C.
1184(b)) is amended by striking ``subparagraph (L) or (V) of section
101(a)(15),'' and inserting ``section 101(a)(15)(V),''.
SEC. 6. SENSE OF CONGRESS REGARDING PAYMENT OF PREVAILING WAGE.
It is the sense of the Congress that employers of nonimmigrants
described in section 101(a)(15)(L) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(L)) should pay such nonimmigrants wages that
are at least the greater of--
(1) the actual wage level paid by the employer to all other
individuals with similar experience and qualifications for the
specific employment in question; or
(2) the prevailing wage level for the occupational
classification in the area of employment.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to nonimmigrant visas issued,
or nonimmigrant status provided, under section 101(a)(15)(L) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after
such date. Such amendment shall not be construed as--
(1) invalidating any visa issued under such section before
such date; or
(2) otherwise affecting any alien provided nonimmigrant
status under such section before such date. | Save American Jobs Through L Visa Reform Act of 2004 - Amends the Immigration and Nationality Act to eliminate specialized knowledge as a basis for obtaining an L (intracompany transferee) nonimmigrant visa.
Imposes an annual numerical limitation of 35,000 on the number of L visas that may be issued to principal aliens.
Removes L nonimmigrants from those classes of aliens that are not presumed to be immigrants (and thus requires L nonimmigrants to establish their entitlement to nonimmigrant status at the time of applying for a visa or admission).
Expresses the sense of Congress that employers should pay L nonimmigrants the greater of the actual wage level paid to similarly qualified individuals for the specific employment in question or the prevailing wage level for the occupational classification in the area of employment. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to eliminate the \"specialized knowledge\" basis for obtaining nonimmigrant status as an intracompany transferee, to impose an annual numerical limitation on nonimmigrant visas for such transferees, and for other purposes."} | 1,273 | 181 | 0.488893 | 1.510901 | 0.728226 | 2.636364 | 7.048951 | 0.888112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Safety and Toxicology
Modernization Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Preclinical testing serves a fundamental role in
characterizing the potential risks and benefits associated with
regulated medicines and products.
(2) Critical gaps remain in the understanding of the
relationship between patient response and preclinical findings.
(3) Serious, rare, and unexpected adverse events may be
observed in clinical trials or postapproval, particularly
toxicology effects not identified in animals that may harm
human organs.
(4) Patient efficacy, safety, dosage information, and
speedier access to new medicines will benefit from models that
are more predictive than animals and that mimic key elements of
human organs.
(5) A 2011 report by the Food and Drug Administration,
entitled ``Advancing Regulatory Science at FDA'', prioritized
toxicology testing and the development of models of human
adverse response as one of the areas of regulatory science
where new or enhanced engagement by the agency is essential to
the continued success of the public health and regulatory
mission of the Food and Drug Administration.
(6) The Food and Drug Administration's 2016 draft
commitment letter concerning the reauthorization of fees
relating to drugs under part 2 of subchapter C of chapter VII
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g et
seq.) proposes a process to add new preclinical models that
will not be finalized until at least 2021.
(7) Peer-reviewed data is readily available to illustrate
the benefits of commercially available human tissue models to
improve the drug discovery process by replicating key elements
of living human tissue.
(8) The Food and Drug Administration should take immediate
steps to validate new models, including three-dimensional human
tissue models, that improve regulatory decisionmaking in
preclinical, clinical, labeling, and postmarket safety and
efficacy testing, or other uses by product sponsors.
SEC. 3. GUIDANCE WITH RESPECT TO THREE-DIMENSIONAL HUMAN TISSUE MODELS.
(a) In General.--Not later than December 31, 2018, the Secretary of
Health and Human Services, acting through the Commissioner of Food and
Drugs, shall issue guidance addressing--
(1) the development and use of novel tools for toxicology
and efficacy testing, including three-dimensional human tissue
models; and
(2) the use of three-dimensional human tissue models for
preclinical, clinical, and postmarket safety and efficacy
testing, labeling, or other uses by product sponsors.
(b) Periodic Updates.--The Secretary shall periodically update the
guidance issued under subsection (a).
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to prohibit or limit the use
of three-dimensional human tissue models by product sponsors with
respect to--
(1) obtaining approval or licensure of a drug or biological
product, including a combination product, under section 505 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or
section 351 of the Public Health Service Act (42 U.S.C. 262);
or
(2) meeting the requirements of a regulatory decision
issued by the Secretary of Health and Human Services.
SEC. 5. DEFINITIONS.
In this Act:
(1) Biological product.--The term ``biological product''
has the meaning given such term in section 351(i) of the Public
Health Service Act (42 U.S.C. 262(i)).
(2) Combination product.--The term ``combination product''
means a combination product described in section 503(g) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)).
(3) Drug.--The term ``drug'' has the meaning given such
term in section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321).
(4) Three-dimensional human tissue model.--The term
``three-dimensional human tissue model'' means a three-
dimensional model that--
(A) approximates human tissue composition and
physiology using spatially controlled deposition of
adult human cells or cell-containing materials in user-
defined, geometric patterns;
(B) can be used to detect toxicity that is not
identifiable in animal models;
(C) can be used to test the efficacy of a drug that
is not possible or not able to be sufficiently tested
in an animal model; and
(D) can predict toxicity in clinical testing or
detect toxicity in known clinical failures. | Patient Safety and Toxicology Modernization Act of 2016 This bill requires the Food and Drug Administration to issue and periodically update guidance on: (1) novel tools for testing the toxicology and efficacy of medications, and (2) three-dimensional human tissue models. | {"src": "billsum_train", "title": "Patient Safety and Toxicology Modernization Act of 2016"} | 1,018 | 53 | 0.610318 | 1.493289 | 0.93533 | 3.163265 | 18.77551 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sports Antitrust Reform Act of
1996''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL SPORTS.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the
end the following new section:
``SEC. 27. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL SPORTS.
``(a) Definitions.--For purposes of this section--
``(1) the term `home territory' means the geographic
metropolitan area within which a member team operates and plays
the majority of its home games;
``(2) the term `interested party' includes, with respect to
a member team--
``(A) any political subdivision of a State that
provides, or has provided, financial assistance,
including tax abatement, for facilities (including a
stadium or arena) in which the member team plays;
``(B) a representative of the political subdivision
with jurisdiction over the geographic area in which the
stadium or arena of the member team is located;
``(C) a member team;
``(D) the owner or operator of a stadium or arena
of a member team; and
``(E) any other person who is determined to be an
affected party by the sports league of the member team;
``(3) the term `member team' means a team of professional
athletes--
``(A) organized to play professional football,
basketball, or hockey; and
``(B) that is a member of a professional sports
league;
``(4) the term `person' means any individual, partnership,
corporation, or unincorporated association, any combination or
association thereof, or any State or political subdivision of a
State;
``(5) the term `professional sports league' means an
association that--
``(A) is composed of 2 or more member teams;
``(B) regulates the contests and exhibitions of its
member teams; and
``(C) has been engaged in competition in a
particular sport for a period of more than 7 years; and
``(6) the terms `stadium' and `arena' mean the principal
physical facility within which a member team has played the
majority of its home games.
``(b) Establishment of Rule.--
``(1) In general.--Subject to the requirements set forth in
this section, any professional sports league may establish a
rule--
``(A) authorizing the membership of that league to
decide whether or not a member team of that league may
be relocated outside of the home territory of that
member team; and
``(B) requiring that any person seeking to change
the home territory of that member team obtain the
approval of the appropriate professional sports league.
``(2) Inapplicability of antitrust laws.--Notwithstanding
any other provision of law, the antitrust laws shall not apply
to the enforcement or application by a professional sports
league of any rule established pursuant to paragraph (1).
``(c) Procedural Requirements.--
``(1) Request for approval.--
``(A) In general.--Not later than 210 days before
the commencement of the season in which a member team
proposes to play in a new location, any person seeking
to change the home territory of that member team shall
submit a request for approval of the proposed change to
the appropriate professional sports league.
``(B) Requirements.--Each request for approval
submitted under subparagraph (A) shall--
``(i) be in writing;
``(ii) be delivered in person or by
certified mail to each interested party by not
later than 30 days after submission to the
appropriate professional sports league under
subparagraph (A);
``(iii) be made available by the date
specified in clause (ii) to the news media;
``(iv) be published by the date specified
in clause (iii) in 1 or more newspapers of
general circulation within the home territory
of the member team; and
``(v) contain--
``(I) an identification of the
proposed location of the member team;
``(II) a summary of the reasons for
the change in home territory based on
the criteria described in paragraph
(2)(B); and
``(III) the date on which the
proposed change would become effective.
``(2) Procedures.--
``(A) Establishment.--Each professional sports
league shall establish rules and procedures for
approving or disapproving requests submitted under
paragraph (1), that shall--
``(i) include criteria to be considered by
the professional sports league in approving or
disapproving such requests; and
``(ii) be made available upon request to
any interested party.
``(B) Criteria to be considered.--The criteria
described in subparagraph (A)(i) shall include--
``(i) the extent to which fan loyalty to
and support for the member team has been
demonstrated during the tenure of the member
team in the home territory;
``(ii) the degree to which the member team
has engaged in good faith negotiations with
appropriate persons concerning the terms and
conditions under which the member team would
continue to play its games in the home
territory of the member team;
``(iii) the degree to which the ownership
or management of the member team has
contributed to any circumstance that might
demonstrate the need for the relocation of the
member team;
``(iv) the extent to which the member team
has, directly or indirectly, received public
financial support by means of any publicly
financed playing facility, special tax
treatment, or any other form of public
financial support;
``(v) the adequacy of the stadium or arena
of the member team, and the willingness of the
stadium or arena authority and the local
government to remedy any deficiencies in the
stadium or arena;
``(vi) whether the member team has incurred
net operating losses, exclusive of depreciation
or amortization, sufficient to threaten the
continued financial viability of the member
team;
``(vii) whether any other member team in
the professional sports league is located in
the home territory of the member team;
``(viii) whether the member team proposes
to relocate to a territory in which no other
member team in the professional sports league
is located;
``(ix) whether the stadium or arena
authority, if public, is opposed to the
relocation; and
``(x) any other criteria considered to be
appropriate by the professional sports league.
``(3) Hearings.--In determining whether to approve or
disapprove a proposed request submitted under paragraph (1),
the professional sports league shall--
``(A) conduct a hearing at which interested parties
shall be afforded an opportunity to submit written
testimony and exhibits; and
``(B) keep a written record of that hearing and any
testimony and exhibits submitted under subparagraph
(A).
``(d) Judicial Review.--
``(1) In general.--A decision by a professional sports
league to approve or disapprove a request submitted under
paragraph (1) may only be reviewed in a civil action filed by
an interested party in accordance with this subsection.
``(2) Venue.--
``(A) In general.--Except as provided in
subparagraph (B), an action under this subsection may
be filed only in the United States District Court for
the District of Columbia.
``(B) Exception.--If the home territory of the
member team or the proposed home territory of the
member team is located within a 50-mile radius of the
District of Columbia, an action under this subsection
may be filed only in the United States District Court
for the Southern District of New York.
``(3) Time.--
``(A) Filing.--An action under this subsection
shall be filed not later than 14 days after the date of
the formal vote of the professional sports league
approving or disapproving the proposed relocation.
``(B) Review.--Not later than 30 days after the
filing of the action in accordance with subparagraph
(A), the district court shall issue an order with
respect to that action.
``(4) Standard of review.--The scope of judicial review in
any action under this subsection shall be limited to a
determination of whether--
``(A) in deciding whether to approve or disapprove
a proposed relocation, the professional sports league
failed to comply with this section; and
``(B) the decision of the professional sports
league to approve or disapprove a proposed relocation
was arbitrary or capricious.
``(5) Relief granted by court.--
``(A) In general.--In any action under this
subsection, if the district court makes a determination
described in subparagraph (A) or (B) of paragraph (4),
the court shall--
``(i) remand the matter for further
consideration by the professional sports
league; and
``(ii) enjoin any relocation of the member
team at issue until the professional sports
team has reconsidered the matter in accordance
with the order of the court under this
paragraph.
``(B) Limitation.--The court may not grant any
relief in any action under this subsection other than
enjoining or approving enforcement of the decision by
the professional sports league to approve or disapprove
a request submitted under paragraph (1).''. | Sports Antitrust Reform Act of 1996 - Amends the Clayton Act to: (1) authorize a professional sports league to establish a rule authorizing the league membership to decide whether or not a member team may be relocated outside of its home territory and requiring anyone seeking to change the home territory of that member team to obtain the league's approval; and (2) make the antitrust laws inapplicable to any such rule.
Sets forth requirements regarding: (1) requests for relocation approval; (2) procedures for approving or disapproving requests (including criteria to be considered, such as the extent to which fan loyalty and support for the member team have been demonstrated, the extent to which the member team has received public financial support, and whether the stadium or arena authority (if public) is opposed to the relocation); (3) hearings; and (4) judicial review. | {"src": "billsum_train", "title": "Sports Antitrust Reform Act of 1996"} | 2,093 | 180 | 0.581542 | 1.491387 | 0.744941 | 2.923977 | 11.707602 | 0.935673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Lease Fairness Act''.
SEC. 2. INCREASED REVENUE SHARING WITH STATES FOR LEASES WITHIN 3 MILES
OF THE COAST LINE.
(a) Leases for Activities Authorized in OCS Lands Act.--Section
8(g)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)(2))
is amended by inserting after ``27 percent of those revenues,'' the
following: ``or, for leases entered into after the date of enactment of
the Offshore Lease Fairness Act, 50 percent of those revenues,''
(b) Leases for Energy-Related Activities.--Section 8(p)(2)(B) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(2)(B)) is
amended by inserting after ``27 percent of the revenues received by the
Federal Government as a result of payments under this section'' the
following: ``, or, for any lease, easement, or right-of-way granted
after the date of enactment of the Offshore Lease Fairness Act, 50
percent of those revenues,''.
SEC. 3. INCREASED REVENUE SHARING WITH STATES FOR LEASES BEYOND 3 MILES
OF THE COAST LINE.
(a) Definition of New Outer Continental Shelf Revenues.--Section
102 of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432; 43 U.S.C. 1331 note) is amended--
(1) by redesignating paragraphs (9) through (11) as
paragraphs (10) through (12), respectively;
(2) by inserting after paragraph (8) the following new
paragraph:
``(9) New outer continental shelf revenues.--
``(A) In general.--The term `new outer Continental
Shelf revenues' means all rentals, royalties, bonus
bids, and other sums received by the United States from
leases entered into after the period described in
paragraph (10)(A)(i) for areas on the outer Continental
Shelf (as defined in section 2(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(a)).
``(B) Exclusions.--The term `new outer Continental
Shelf revenues' does not include revenues and other
amounts described in paragraph (10)(B).''; and
(3) in subparagraph (A) of paragraph (10) (as redesignated
by paragraph (1) of this subsection)--
(A) in clause (i), by striking ``due and payable to
the United States'' and all that follows through ``on
or after the date of enactment of this Act'' and
inserting ``received by the United States from leases
entered into in the period beginning on December 20,
2006, and ending on the date of enactment of the
Offshore Lease Fairness Act''; and
(B) in clause (ii), by striking ``on or after the
date of enactment of this Act'' and inserting ``in the
period described in clause (i)''.
(b) Disposition of New Outer Continental Shelf Revenues.--The Gulf
of Mexico Energy Security Act of 2006 (Public Law 109-432; 43 U.S.C.
1331 note) is amended by adding at the end the following new sections:
``SEC. 106. DISPOSITION OF NEW OUTER CONTINENTAL SHELF REVENUES.
``(a) Disposition of Revenues.--Notwithstanding section 9 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the
other provisions of this section, for fiscal year 2010 and each fiscal
year thereafter--
``(1) 50 percent of new outer Continental Shelf revenues
shall be deposited in the general fund of the Treasury; and
``(2) 50 percent of new outer Continental Shelf revenues
shall be deposited in a special account in the Treasury, and
the Secretary of the Treasury shall disburse such amount to
coastal States under subsection (b).
``(b) Allocation Among Coastal States.--The amount made available
under subsection (a)(2) shall be allocated to coastal States using
rules substantially similar to the rules in paragraphs (1) and (2) of
section 105(b), except that--
``(1) references in such paragraphs to Gulf producing
States shall be treated as references to coastal States; and
``(2) new outer Continental Shelf revenues from leases in
the Gulf of Mexico, the Atlantic Ocean, the Pacific Ocean, and
the Arctic Ocean may only be allocated to States that are in,
or that border on, the Gulf of Mexico, the Atlantic Ocean, the
Pacific Ocean, and the Arctic Ocean, respectively.
``SEC. 107. TIMING AND ADMINISTRATION OF DISPOSITION OF REVENUES.
``(a) Timing.--Amounts required to be deposited under sections
105(a)(2) and 106(a)(2) for a fiscal year shall be made available in
accordance with those sections for the subsequent fiscal year.
``(b) Administration.--Amounts made available under sections
105(a)(2) and 106(a)(2) shall--
``(1) be made available, without further appropriation, in
accordance with this section;
``(2) remain available until expended; and
``(3) be in addition to any amounts appropriated under--
``(A) the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.);
``(B) the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 4601-4 et seq.); or
``(C) any other provision of law.''.
(c) Conforming Amendment.--Section 105 of the Gulf of Mexico Energy
Security Act of 2006 (Public Law 109-432; 43 U.S.C. 1331 note) is
amended--
(1) by striking subsections (c) and (e); and
(2) by redesignating subsections (d) and (f) as subsections
(c) and (d), respectively. | Offshore Lease Fairness Act - Amends the Outer Continental Shelf Lands Act to increase from 27% to 50% the revenues: (1) shared with states from leases within three miles of the coast line entered into after enactment of this Act; and (2) from energy-related activities for any lease, easement, or right-of-way granted after enactment of this Act.
Amends the Gulf of Mexico Energy Security Act of 2006 to redefine current qualified Outer Continental Shelf revenues as sums received by the United States from leases entered into between December 20, 2006, and the date of enactment of this Act.
Requires for FY2010 and each ensuing fiscal year that new outer Continental Shelf revenues be deposited: (1) 50% into the general fund of the Treasury; and (2) 50% into a special account in the Treasury for disbursement to coastal states by the Secretary of the Treasury.
Restricts allocation of new outer Continental Shelf revenues from leases in the Gulf of Mexico, the Atlantic Ocean, the Pacific Ocean, and the Arctic Ocean to states that are in, or border on, such specified geographical areas.
Prescribes requirements for the timing and administration of the disposition of revenues. | {"src": "billsum_train", "title": "To amend the Outer Continental Shelf Lands Act and the Gulf of Mexico Energy Security Act of 2006 to increase the percentage of revenues from new offshore leases that will be shared with coastal States to 50 percent."} | 1,412 | 257 | 0.646545 | 1.783173 | 0.812977 | 4.776824 | 5.055794 | 0.905579 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health Care
Infrastructure Investment Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Moratorium on delayed payments under contracts that provide for
the disbursement of funds.
Sec. 3. Establishment of the Health Care Infrastructure Commission.
Sec. 4. Study and final recommendations; timetable for implementation
of advanced informational infrastructure.
Sec. 5. Application of advanced informational infrastructure to the
FEHBP.
Sec. 6. Authorization of appropriations.
SEC. 2. MORATORIUM ON DELAYED PAYMENTS UNDER CONTRACTS THAT PROVIDE FOR
THE DISBURSEMENT OF FUNDS.
(a) Moratorium.--Section 1842(c)(3) (42 U.S.C. 1395u(c)(3)) is
repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 3. ESTABLISHMENT OF THE HEALTH CARE INFRASTRUCTURE COMMISSION.
(a) Establishment.--There is established within the Department of
Health and Human Services a Health Care Infrastructure Commission (in
this section referred to as the ``Commission'') to coordinate the
expertise and programs within and among departments and agencies of the
Federal Government for the purposes of designing and implementing an
advanced informational infrastructure for the administration of Federal
health benefits programs.
(b) Duties.--The Commission shall--
(1) establish an advanced informational infrastructure for
the administration of Federal health benefits programs which
consists of an immediate claim, administration, payment
resolution, and data collection system (in this section
referred to as the ``system'') that is initially for use by
carriers to process claims submitted by providers and suppliers
under part B of the medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395j et seq.) after conducting
the study under section 4(a)(1);
(2) implement such system in accordance with the final
recommendations published under subsection (a)(2) of section 4
and the timetable set forth under subsection (b) of such
section; and
(3) carry out such other matters as the Secretary of Health
and Human Services (in this section referred to as the
``Secretary''), in consultation with the other members of the
Commission, may prescribe.
(c) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 7 members as follows:
(A) The Secretary, who shall be the chairperson of
the Commission.
(B) One shall be appointed from the National
Aeronautics and Space Administration by the
Administrator.
(C) One shall be appointed from the Defense
Advanced Research Projects Agency by the Director.
(D) One shall be appointed from the National
Science Foundation by the Director.
(E) One shall be appointed from the Office of
Science and Technology Policy by the Director.
(F) One shall be appointed from the Department of
Veterans Affairs by the Secretary.
(G) One shall be appointed from the Office of
Management and Budget by the Director.
(2) Requirements.--Each of the members appointed under
subparagraphs (B) through (G) of paragraph (1) shall--
(A) have been appointed as an officer or employee
of the agency by the President by and with the advice
and consent of the Senate; and
(B) be an expert in advanced information
technology.
(3) Deadline for initial appointment.--The members of the
Commission shall be appointed by not later than 3 months after
the date of enactment of this Act.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the chairperson, except that it shall meet--
(A) not less than 4 times each year; or
(B) on the written request of a majority of its
members.
(2) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(e) Compensation.--Each member of the Commission shall serve
without compensation in addition to that received for the services of
such member as an officer or employee of the United States.
(f) Staff.--
(1) in general.--The chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties.
(2) Compensation.--The chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(3) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(g) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
(h) Termination.--The Commission shall terminate on the date on
which the system is fully implemented under section 4(b)(3).
SEC. 4. STUDY AND FINAL RECOMMENDATIONS; TIMETABLE FOR IMPLEMENTATION
OF ADVANCED INFORMATIONAL INFRASTRUCTURE.
(a) Study and Final Recommendations.--
(1) Study.--The Commission shall conduct a study during the
3-year period beginning on the date of enactment of this Act on
the design and construction of an immediate claim,
administration, payment resolution, and data collection system
(in this section referred to as the ``system'') that--
(A) immediately advises each provider and supplier
of coverage determinations;
(B) immediately notifies each provider or supplier
of any incomplete or invalid claim, including--
(i) the identification of any missing
information;
(ii) the identification of any coding
errors; and
(iii) information detailing how the
provider or supplier may develop a claim under
such system;
(C) allows for proper completion and resubmission
of each claim identified as incomplete or invalid under
subparagraph (B);
(D) allows for immediate automatic processing of
clean claims (as defined in section 1842(c)(2)(B)(i) of
the Social Security Act (42 U.S.C. 1395u(c)(2)(B)(i))
so that a provider or supplier may provide a written
explanation of medical benefits, including an
explanation of costs and coverage to any beneficiary
under part B of the medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395j et seq.) at
the point of care; and
(E) allows for electronic payment of claims to each
provider and supplier, including payment through
electronic funds transfer, for each claim for which
payment is not made on a periodic interim payment basis
under such part.
(2) Final recommendations.--
(A) Publication.--Not later than 3 years after the
date of enactment of this Act, the chairperson of the
Commission shall publish in the Federal Register final
recommendations that reflect input from each interested
party, including providers and suppliers, insurance
companies, and health benefits management concerns
using a process similar to the process used for
developing standards under section 1172(c) of the
Social Security Act (42 U.S.C. 1320d-1(c)).
(B) Considerations.--In developing the final
recommendations to be published under subparagraph (A),
the Commission shall--
(i) make every effort to design system
specifications that are flexible, scalable, and
performance-based; and
(ii) ensure that strict security measures--
(I) guard system integrity;
(II) protect the privacy of
patients and the confidentiality of
personally identifiable health
insurance data used or maintained under
the system; and
(III) apply to any network service
provider used in connection with the
system.
(b) Timetable.--The timetable set forth under this subsection is as
follows:
(1) Initial implementation.--Not later than 5 years after
the date of enactment of this Act, the system shall support--
(A) 50 percent of queries regarding coverage
determinations;
(B) 30 percent of determinations regarding
incomplete or invalid claims; and
(C) immediate processing at the point of care of 40
percent of clean claims submitted by providers and
suppliers under part B of the medicare program.
(2) Intermediate implementation.--Not later than 7 years
after the date of enactment of this Act, the system shall
support--
(A) 70 percent of queries regarding coverage
determinations;
(B) 50 percent of determinations regarding
incomplete or invalid claims; and
(C) immediate processing at the point of care of 60
percent of clean claims submitted by providers and
suppliers under part B of the medicare program.
(3) Full implementation.--Not later than 10 years after the
date of enactment of this Act, the system shall support--
(A) 90 percent of queries regarding coverage
determinations;
(B) 60 percent of determinations regarding
incomplete or invalid claims; and
(C) immediate processing at the point of care of 40
percent of the total number of claims submitted by
providers and suppliers under part B of the medicare
program.
SEC. 5. APPLICATION OF ADVANCED INFORMATIONAL INFRASTRUCTURE TO THE
FEHBP.
(a) In General.--The Office of Personnel Management (in this
section referred to as the ``Office'') shall--
(1) adapt the immediate claim, administration, payment
resolution, and data collection system established under
section 3 (in this section referred to as the ``system'') for
use under the Federal employees health benefits program under
chapter 89 of title 5, United States Code; and
(2) require that carriers (as defined in section 8901(7) of
such Code) participating in such program use the system to
satisfy certain minimum requirements for claim submission,
processing, and payment in accordance with the timetable set
forth in subsection (b).
(b) Timetable.--The timetable set forth in this subsection is as
follows:
(1) Initial implementation.--Not later than 5 years after
the date of enactment of this Act, the Office shall require
that carriers use the system to process not less than--
(A) 50 percent of queries regarding coverage
determinations;
(B) 30 percent of determinations of incomplete or
invalid claims; and
(C) immediate processing at the point of care of 10
percent of the total number of claims.
(2) Intermediate implementation.--Not later than 7 years
after the date of enactment of this Act, the Office shall
require that carriers use the system to support not less than--
(A) 70 percent of queries regarding coverage
determinations;
(B) 50 percent of determinations regarding
incomplete or invalid claims; and
(C) immediate processing at the point of care of 20
percent of the total number of claims.
(3) Full implementation.--Not later than 10 years after the
date of enactment of this Act, the Office shall require that
carriers use the system to support not less than--
(A) 90 percent of queries regarding coverage
determinations;
(B) 60 percent of determinations of incomplete or
invalid claims; and
(C) immediate processing of 35 percent of the total
number of claims.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are appropriated to the Health Care
Infrastructure Commission established under section 3, out of any funds
in the Treasury that are not otherwise appropriated, such sums as may
be necessary to carry out the provisions of this Act.
(b) Availability.--Any sums appropriated under subsection (a) shall
remain available until the termination of the Health Care
Infrastructure Commission under section 3(h). | Establishes within the Department of Health and Human Services a Health Care Infrastructure Commission to: (1) coordinate the expertise and programs within and among Federal agencies for the purposes of designing and implementing an advanced informational infrastructure for the administration of Federal health benefits programs; and (2) conduct a study on the design and construction of an immediate claim, administration, payment resolution, and data collection system meeting certain requirements.
Directs the Office of Personnel Management to: (1) adapt such system for use under the Federal Employees Health Benefits Program (FEHBP); and (2) require that carriers participating in FEHBP use the system to satisfy certain minimum requirements for claim submission, processing, and payment in accordance with the specified timetable.
Makes appropriations to the Health Care Infrastructure Commission. | {"src": "billsum_train", "title": "Health Care Infrastructure Investment Act of 2000"} | 2,702 | 160 | 0.634837 | 1.741735 | 0.852657 | 5.166667 | 16.54 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Entrepreneur and
Microenterprise Assistance Act''.
SEC. 2. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act is
amended by inserting after section 364 (7 U.S.C. 2006f) the following:
``SEC. 365. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM.
``(a) Definitions.--In this section:
``(1) Economically disadvantaged microentrepreneur.--The
term `economically disadvantaged microentrepreneur' means an
owner, majority owner, or developer of a microenterprise that
has the ability to compete in the private sector but has been
impaired because of diminished capital and credit
opportunities, as compared to other microentrepreneurs in the
industry.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(3) Intermediary.--The term `intermediary' means a
private, nonprofit entity that provides assistance--
``(A) to a microenterprise development
organization; or
``(B) for a microenterprise development program.
``(4) Low-income individual.--The term low-income
individual means an individual with an income (adjusted for
family size) of not more than the greatest of--
``(A) 80 percent of median income of an area;
``(B) 80 percent of the statewide non-metropolitan
area median income; or
``(C) 80 percent of the national median income.
``(5) Microcredit.--The term `microcredit' means a business
loan or loan guarantee of not more than $50,000 that is
provided to a rural entrepreneur.
``(6) Microenterprise.--The term `microenterprise' means--
``(A) a sole proprietorship; or
``(B) a business entity with not more than 10 full-
time-equivalent employees.
``(7) Microenterprise development organization.--
``(A) In general.--The term `microenterprise
development organization' means a private, nonprofit
entity that--
``(i) provides training and technical
assistance to rural entrepreneurs; and
``(ii) facilitates access to capital or
another service described in subsection (b) for
rural entrepreneurs.
``(B) Inclusions.--The term `microenterprise
development organization' includes an organization
described in subparagraph (A) with a demonstrated
record of delivering services to economically
disadvantaged microentrepreneurs, or an effective plan
to develop a program to deliver microenterprise
services to rural entrepreneurs effectively, as
determined by the Secretary.
``(8) Microenterprise development program.--The term
`microenterprise development organization' means a program
administered by an organization serving a rural area.
``(9) Microentrepreneur.--The term `microentrepreneur'
means the owner, operator, or developer of a microenterprise.
``(10) Program.--The term `program' means the rural
entrepreneur and microenterprise program established under
subsection (b)(1).
``(11) Qualified organization.--The term `qualified
organization' means--
``(A) a microenterprise development organization or
microenterprise development program that has a
demonstrated record of delivering microenterprise
services to rural entrepreneurs, or an effective plan
to develop a program to deliver microenterprise
services to rural entrepreneurs effectively, as
determined by the Secretary.
``(B) an intermediary that has a demonstrated
record of delivery assistance to microenterprise
development organizations or microenterprise
development programs;
``(C) a microenterprise development organization or
microenterprise development program that serves rural
entrepreneurs;
``(D) an Indian tribe, the tribal government of
which certifies to the Secretary that no
microenterprise development organization or
microenterprise development program exists under the
jurisdiction of the Indian tribe;
``(E) a group of 2 or more organizations or Indian
tribes described in any of subparagraphs (A) through
(D) that agree to act jointly as a qualified
organization under this section; or
``(F) for purposes of subsection (b), a public
college or university.
``(12) Rural area.--The term `rural area' means any
community that is rural in character and has a population of
not more than 25,000 individuals.
``(13) Rural capacity building service.--The term `rural
capacity building service' means a service provided to an
organization that--
``(A) is, or is in the process of becoming, a
microenterprise development organization or
microenterprise development program; and
``(B) serves rural areas for the purpose of
enhancing the ability of the organization to provide
training, technical assistance, and other related
services to rural entrepreneurs.
``(14) Rural entrepreneur.--The term `rural entrepreneur'
means a microentrepreneur, or prospective microentrepreneur--
``(A) the principal place of business of which is
in a rural area; and
``(B) that is unable to obtain sufficient training,
technical assistance, or microcredit elsewhere, as
determined by the Secretary.
``(15) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Rural Business-Cooperative
Service.
``(16) Tribal government.--The term `tribal government'
means the governing body of an Indian tribe.
``(b) Rural Entrepreneurship and Microenterprise Program.--
``(1) Establishment.--The Secretary shall establish a rural
entrepreneurship and microenterprise program.
``(2) Purpose.--The purpose of the program shall be to
provide low-income individuals and moderate-income individuals
with--
``(A) the skills necessary to establish new small
businesses in rural areas; and
``(B) continuing technical and financial assistance
as individuals and business starting or operating small
businesses.
``(3) Grants.--
``(A) In general.--The Secretary may make a grant
under the program to a qualified organization--
``(i) to provide training, operational
support, or a rural capacity building service
to a qualified organization to assist the
qualified organization in developing
microenterprise training, technical assistance,
market development assistance, and other
related services, primarily for business with 5
or fewer full-time-equivalent employees;
``(ii) to assist in researching and
developing the best practices in delivering
training, technical assistance, and microcredit
to rural entrepreneurs; and
``(iii) to carry out such other projects
and activities as the Secretary determines to
be consistent with the purposes of this
section.
``(B) Subgrants.--Subject to such regulations as
the Secretary may promulgate, a qualified organization
that receives a grant under this paragraph may use the
grant to provide assistance to other qualified
organizations, such as small or emerging qualified
organizations.
``(C) Diversity.--In making grants under this
paragraph, the Secretary shall ensure, to the maximum
extent practicable, that grant recipients include
qualified organizations--
``(i) of varying sizes; and
``(ii) that serve racially- and ethnically-
diverse populations.
``(D) Cost sharing.--
``(i) Federal share.--The Federal share of
the cost of a project carried out using funds
from a grant made under this paragraph shall be
75 percent.
``(ii) Form of non-federal share.--The non-
Federal share of the cost of a project
described in clause (i) may be provided--
``(I) in cash (including through
fees, grants (including community
development block grants), and gifts);
or
``(II) in kind.
``(4) Rural microloan program.--
``(A) Establishment.--In carrying out the program,
the Secretary may carry out a rural microloan program.
``(B) Purpose.--The purpose of the rural microloan
program shall be to provide technical and financial
assistance to sole proprietorships and small businesses
located in rural areas with a particular focus on those
businesses with 5 or fewer full-time equivalent
employees.
``(C) Authority of secretary.--In carrying out the
rural microloan program, the Secretary may--
``(i) make direct loans to qualified
organizations for the purpose of making short-
term, fixed interest rate microloans to
startup, newly established, and growing rural
microbusiness concerns; and
``(ii) in conjunction with those loans,
provide grants in accordance with subparagraph
(E) to those qualified organizations for the
purpose of providing intensive marketing,
management, and technical assistance to small
business concerns that are borrowers under this
paragraph.
``(D) Loan duration; interest rates; conditions.--
``(i) Loan duration.--A loan made by the
Secretary under this paragraph shall be for a
term of 20 years.
``(ii) Applicable interest rates.--A loan
made by the Secretary under this paragraph to a
qualified organization shall bear an annual
interest rate of at least 1 percent.
``(iii) Deferral of interest and
principal.--The Secretary may permit the
deferral of payments, for principal and
interest, on a loan made under this paragraph
for a period of not more than 2 years,
beginning on the date on which the loan was
made.
``(E) Grant amounts.--
``(i) In general.--Except as otherwise
provided in this section, each qualified
organization that receives a loan under this
paragraph shall be eligible to receive a grant
to provide marketing, management, and technical
assistance to small business concerns that are
borrowers or potential borrowers under this
subsection.
``(ii) Maximum amount of grant for
microenterprise development organizations.--
Each microenterprise development organization
that receives a loan under this paragraph shall
receive an annual grant in an amount equal to
not more than 25 percent of the total
outstanding balance of loans made to the
microenterprise development organization under
this paragraph, as of the date of provision of
the grant.
``(iii) Matching requirement.--
``(I) In general.--As a condition
of any grant made to a qualified
organization under this subparagraph,
the Secretary shall require the
qualified organization to match not
less than 15 percent of the total
amount of the grant.
``(II) Sources.--In addition to
cash from non-Federal sources, a
matching share provided by the
qualified organization may include
indirect costs or in-kind contributions
funded under non-Federal programs.
``(c) Administrative Expenses.--Not more than 10 percent of
assistance received by a qualified organization for a fiscal year under
this section may be used to pay administrative expenses.
``(d) Funding.--
``(1) In general.--Not later than 30 days after the date of
enactment of this Act, and on October 1, 2008, and each October
1 thereafter through October 1, 2012, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $50,000,000, to remain available until expended.
``(2) Allocation of funds.--Of the amount made available by
paragraph (1) for each fiscal year--
``(A) not less than $30,000,000 shall be available
for use in carrying out subsection (b)(3); and
``(B) not less than $20,000,000 shall be available
for use in carrying out subsection (b)(4), of which not
more than $7,000,000 shall be used to support direct
loans.
``(C) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this section the funds transferred under
paragraph (1), without further appropriation.''. | Rural Entrepreneur and Microenterprise Assistance Act - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture to establish a rural entrepreneur and microenterprise (sole proprietorship or business entity with not more than 10 full-time employees) program to help low- and moderate- income individuals acquire: (1) necessary skills to establish small rural businesses; and (2) technical and financial assistance.
Authorizes the Secretary to carry out a related rural microloan program to provide technical and financial assistance to sole proprietorships and small rural businesses with a particular focus on businesses with five or fewer full-time employees. | {"src": "billsum_train", "title": "A bill to amend the Consolidated Farm and Rural Development Act to establish a rural entrepreneur and microenterprise assistance program."} | 2,769 | 138 | 0.607817 | 1.500575 | 0.606622 | 3.359649 | 21.184211 | 0.938596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Health Centers Investment
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) An estimated 35,000,000 Americans have no regular
source of health care, and lack access to the most basic health
services.
(2) Access to health care is especially difficult for those
Americans who live in medically underserved rural communities
or inner city neighborhoods, who lack public or private health
insurance coverage and the ability to pay directly for care, or
who are members of other vulnerable groups, including
individuals who are homeless or are migrant farm workers.
(3) The consequences of poor access to health care is
evidenced in elevated infant and childhood mortality rates,
dangerously low childhood immunization rates, overutilization
of hospital emergency rooms or other inappropriate providers of
primary care services, and hospitalization rates for
preventable conditions that are significantly higher than the
national average.
(4) Community health centers, which serve more than
16,000,000 needy Americans in more than 5,000 communities
across the country, provide an effective and proven model for
extending access to all medically underserved Americans.
(5) Numerous independent studies confirm that these health
centers have compiled a remarkable record of achievement in
providing care of superior quality, with exceptional cost-
effectiveness and efficiency, saving billions of dollars for
both taxpayers and private payers.
(6) Over the past 5 years, with strong bipartisan support
from the Congress and encouragement by the Executive Branch,
nearly 900 underserved communities were funded to establish or
expand a health center, offering care to almost 5,000,000 more
needy individuals. Yet during that same period, another 800
communities were approved for a health center but were not
funded, because not enough funding was available for them, and
there are thousands more underserved communities across America
that need a health center but do not have one today.
(7) Furthermore, the existing, currently funded health
centers have experienced reduced Federal grant support over the
past 2 years, jeopardizing their ability to be sustained and
meet the needs of the growing number of uninsured in their
service areas. Growing new health centers without supporting
existing ones is a failed policy that will ultimately weaken
this valuable resource for the most disadvantaged Americans.
(8) Critical to the growth of new and existing health
centers is having a sufficient supply of primary care health
professionals to staff them. Currently, health centers rely on
the National Health Service Corps for over 20 percent of their
physician workforce. Yet, fewer than half of all Corps
placements are made to health centers, even though they are one
of the strongest cords in the health care safety net.
(9) According to published research, health centers in the
last year experienced a 15 percent physician vacancy rate and a
19 percent dentist vacancy rate nationally. In rural areas,
vacancy rates were higher, 19 percent for physicians and 27
percent for dentists.
(10) Adequate reimbursement for the services that health
centers provide is another pressing need if health centers are
to fulfill their mission. While health centers provide care to
more than 1,000,000 medically underserved Medicare
beneficiaries, their Medicare payments are subject to an
arbitrary payment cap that is now 15 years old and adversely
affects more than three-quarters of all health centers, causing
annual revenue losses in excess of $50,000,000 nationally.
SEC. 3. COMMUNITY HEALTH CENTERS.
(a) Funding.--To carry out the program authorized under section 330
of the Public Health Service Act (42 U.S.C. 254b), there are authorized
to be appropriated, and there are appropriated--
(1) for fiscal year 2008, $2,563,000,000;
(2) for fiscal year 2009, $2,863,000,000;
(3) for fiscal year 2010, $3,263,000,000;
(4) for fiscal year 2011, $3,663,000,000;
(5) for fiscal year 2012, $4,163,000,000;
(6) for fiscal year 2013, $4,663,000,000;
(7) for fiscal year 2014, $5,263,000,000; and
(8) for fiscal year 2015, $5,863,000,000.
(b) Use of Funds.--In each of the fiscal years described in
subsection (a), amounts appropriated under such section shall be used
in accordance with the following priorities:
(1) Fiscal year 2008.--With respect to fiscal year 2008:
(A) First priority shall be given to providing
continuing operating grants to all health centers that
received operating grants under section 330 of the
Public Health Service Act (42 U.S.C. 254b) during the
previous fiscal year, and which continue to meet all
eligibility requirements for the receipt of funding
under such section.
(B) Second priority shall be given to providing an
adjustment (not to exceed $100,000,000 for all health
centers) in the amount of each operating grant awarded
to a health center pursuant to subparagraph (A) to
account for--
(i) the increased cost of providing
services through each such health center based
on the average increase in costs per encounter
reported by all health centers during the most
recent reporting period for which such
information is available prior to the beginning
of the fiscal year; and
(ii) the change in the number of users
reported by each such health center during the
most recent reporting period for which such
information is available prior to the beginning
of the fiscal year;
(C) Third priority shall be given to providing
initial operating grants (or expanded operating grants,
as the case may be) to all eligible applicants for New
Access Point or Expanded Medical Capacity grants during
fiscal years 2002 through 2007 (not to exceed
$225,000,000 for all such grantees), that--
(i) received a score of ``Fully
Acceptable'' or better from an Objective Review
Committee established by the Health Resources
and Services Administration during that period;
and
(ii) did not receive funding because of a
lack of available appropriated funds during
that period to permit the funding of such
applications.
(D) Fourth priority shall be given to providing
initial operating grants (or expanded operating grants,
as the case may be) to all eligible applicants for New
Access Point or Expanded Medical Capacity grants during
fiscal year 2008, that received a score of ``Fully
Acceptable'' or better from an Objective Review
Committee established by the Health Resources and
Services Administration during that fiscal year,
subject to the availability of appropriations.
Notwithstanding any funding criteria that may otherwise
be utilized in the selection of grantees under the
programs described in this subparagraph, the criteria
to be used for the approval of applications under this
subparagraph shall ensure an equitable geographic
distribution with respect to the service areas of the
grantees that receive such assistance.
(E)(i) Fifth priority shall be given to supporting
the planning and development of new health centers (not
to exceed $25,000,000 for all such support) in
communities that demonstrate need for a health center
under section 330 of the Public Health Service Act (42
U.S.C. 254b), including counties, other eligible
geographic or governmental subdivisions such as cities,
towns, neighborhoods, or groups of such subdivisions in
contiguous areas.
(ii) Funds made available under clause (i) shall be
used to award grants in accordance with section 330(c)
of the Public Health Service Act (42 U.S.C. 254b(c)),
particularly to entities that will serve medically
underserved areas identified through the use of
criteria including the distance of the area from other
sources of primary medical or dental care, the lack of
access to existing primary health care practices among
the population of the community, the lack of acceptance
of Medicaid beneficiaries among existing primary health
care practices in the community, significant
disparities in health status, the percentage of
uninsured and underinsured, and other measures that
indicate barriers to appropriate primary health care.
(iii) Of the amount made available for grants under
clause (i), not more than $20,000,000 may be used to
provide support to health center networks (as defined
in section 330(e)(1)(C) of the Public Health Service
Act (42 U.S.C. 254b(e)(1)(C)), or to organizations that
represent all health centers in a State, and that have
established or have made a commitment to establishing
Statewide systems of health centers that will ensure
the presence of health centers in all underserved areas
in that State.
(iv) Notwithstanding any funding criteria that may
otherwise be utilized in awarding grants of the type
described in this subparagraph, the criteria used for
the approval of applications under this subparagraph
shall ensure an equitable geographic distribution with
respect to the service areas of the grantees that
receive such assistance.
(2) Succeeding fiscal years.--For fiscal year 2009, and for
each succeeding fiscal year, funds shall be distributed under
this section in accordance with the priorities described in
subparagraphs (A), (B), (D), and (E) of paragraph (1).
SEC. 4. NATIONAL HEALTH SERVICE CORPS.
(a) Funding.--To carry out the programs authorized under sections
331 through 338G of the Public Health Service Act (42 U.S.C. 254d-
254p), there are authorized to be appropriated, and there are
appropriated--
(1) for fiscal year 2008, $150,000,000;
(2) for fiscal year 2009, $175,000,000;
(3) for fiscal year 2010, $200,000,000;
(4) for fiscal year 2011, $225,000,000;
(5) for fiscal year 2012, $250,000,000;
(6) for fiscal year 2013, $275,000,000;
(7) for fiscal year 2014, $300,000,000; and
(8) for fiscal year 2015, $325,000,000.
(b) Assignment of Personnel.--
(1) In general.--Section 333(a)(3) of the Public Health
Service Corps (42 U.S.C. 254f(a)(3)) is amended to read as
follows:
``(3)(A) In approving applications for assignment of members of the
Corps, the Secretary shall not discriminate against application from
entities that are not receiving Federal financial assistance under this
Act.
``(B) In approving such applications, the Secretary shall--
``(i) give preference to applications in which a nonprofit
entity or public entity shall provide a site to which Corps
members may be assigned; and
``(ii) give the highest preference to applications--
``(I) from entities described in clause (i) that
are federally qualified health centers as defined in
section 1905(l)(2)(B) of the Social Security Act; and
``(II) from entities described in clause (i) that
primarily serve racial and ethnic minority and other
health disparity populations with annual incomes at or
below twice those set forth in the most recent poverty
guidelines issued by the Secretary pursuant to section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)).''.
(2) Priorities in assignment of corps personnel.--Section
333A of the Public Health Service Act (42 U.S.C. 254f-1) is
amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1), (2),
and (3) as paragraphs (2), (3), and (4),
respectively; and
(ii) by inserting before paragraph (2) (as
so redesignated) the following:
``(1) give preference to applications as set forth in
subsection (a)(3) of section 333;''; and
(B) by striking ``subsection (a)(1)'' each place
such appears and inserting ``subsection (a)(2)''.
(3) Conforming amendment.--Section 338I(c)(3)(B)(ii) of the
Public Health Service Act (42 U.S.C. 254q-1(c)(3)(B)(ii)) is
amended by striking ``section 333A(a)(1)'' and inserting
``section 333A(a)(2)''.
(c) Revision of Scholarship Limitation.--Section 338H(b) of the
Public Health Service Act (42 U.S.C. 254q(b)) is amended to read as
follows:
``(b) Scholarships.--Of the amount appropriated under subsection
(a) for a fiscal year, the Secretary shall obligate not less than 40
percent for the purpose of awarding contracts for scholarships under
this subpart (including scholarships to individuals from disadvantaged
backgrounds).''.
SEC. 5. MEDICARE.
(a) Coverage for FQHC Ambulatory Services.--Section 1861(aa)(3) of
the Social Security Act (42 U.S.C. 1395x(aa)(3)) is amended to read as
follows:
``(3) The term `Federally qualified health center services' means--
``(A) services of the type described in subparagraphs (A)
through (C) of paragraph (1), and such other services furnished
by a Federally qualified health center for which payment may
otherwise be made under this title if such services were
furnished by a health care provider or health care professional
other than a Federally qualified health center; and
``(B) preventive primary health services that a center is
required to provide under section 330 of the Public Health
Service Act;
when furnished to an individual as a patient of a Federally qualified
health center.''.
(b) Per Visit Payment Requirements for FQHCs.--Section
1833(a)(3)(A) of the Social Security Act (42 U.S.C. 1395l(a)(3)(A)), is
amended by adding ``(which regulations may not limit the per visit
payment amount, or a component of such amount, for services described
in section 1832(a)(2)(D)(ii))'' after ``the Secretary may prescribe in
regulations''.
(c) Effective Date.--The amendments made by this section shall
apply to services provided on or after January 1, 2007. | Community Health Centers Investment Act - Authorizes appropriations for FY2008-FY2015 for: (1) primary health care centers for underserved populations; and (2) the National Health Service Corps. Establishes priorities for the use of such funds and the assignment of Corps personnel.
Amends the Public Health Service Act to increase amounts available for the National Health Corps Scholarship program (including scholarships to individuals from disadvantaged backgrounds).
Amends title XVIII (Medicare) of the Social Security Act to prohibit limitations on the per visit payment amount, or a component of such amount, for federally qualified health centers. | {"src": "billsum_train", "title": "A bill to increase Federal support for Community Health Centers and the National Health Service Corps in order to ensure access to health care for millions of Americans living in medically-underserved areas."} | 3,046 | 132 | 0.443586 | 1.217071 | 0.549638 | 3.40708 | 24.566372 | 0.911504 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Non-Prescription Drug Modernization
Act of 2007''.
SEC. 2. AMENDING OR REPEALING MONOGRAPHS.
Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the
following:
``SEC. 568. AMENDING OR REPEALING MONOGRAPHS.
``(a) Good Cause.--In applying section 553 of title 5, United
States Code, to any amendment to or repeal of a monograph established
pursuant to section 330.10 of title 21, Code of Federal Regulations (or
any successor regulation), good cause (as such term is used in
subsections (b) and (d) of such section 553) is deemed to exist, and
notice and public procedure are deemed to be unnecessary (as such term
is used in subsection (b) of such section 553), for purposes of making
such amendment or repeal if--
``(1) there is a finding--
``(A) by the Secretary that the category of drugs
or the specific drug involved is associated with a
significant risk; or
``(B) by the Secretary, after holding a meeting of
an advisory committee of the Food and Drug
Administration to evaluate the category of drugs or the
specific drug involved, that such category of drugs or
specific drug lacks evidence of effectiveness; and
``(2) such amendment or repeal is based, in whole or in
part, on such finding.
``(b) Subsequent Comment Period.--After the amendment or repeal of
a monograph in accordance with subsection (a), the Secretary may
provide a period for public comments on the amendment or repeal and may
make additional changes with respect to the monograph to reflect
comments received, if determined appropriate by the Secretary.''.
SEC. 3. EXPANSION OF FDA'S AUTHORITY TO REGULATE DRUG ADVERTISING.
(a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended--
(1) in section 303(g)(1), by striking ``With respect to''
and all that follows through ``section 351 of the Public Health
Service Act,'' and inserting ``With respect to a person who is
a holder of an approved application under section 505 or under
section 351 of the Public Health Service Act, or a person who
is the manufacturer of a drug marketed pursuant to a monograph
established pursuant to section 330.10 of title 21, Code of
Federal Regulations (or any successor regulation),''; and
(2) in section 502(n)--
(A) by striking the term ``prescription drug'' each
place such term appears and inserting ``drug''; and
(B) by striking ``subject to section 503(b)(1)''.
(b) Regulations.--The Commissioner of Food and Drugs shall
promulgate such revisions to the regulations under section 502(n) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) as may be
necessary to carry out the amendments made by subsection (a).
(c) Transitional Provisions.--
(1) False or misleading advertisements.--During the period
beginning on the date of the enactment of this Act and ending
on the effective date of the regulations required by subsection
(b), a drug other than a prescription drug is deemed to be
misbranded under section 502(n) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352(n)) if any advertisement or other
descriptive printed matter issued or caused to be issued by the
manufacturer, packer, or distributer with respect to that drug
is false or misleading.
(2) Definitions.--The terms used in this subsection have
the meanings applicable to those terms in section 502(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)).
SEC. 4. IDENTIFICATION AND REPORT ON MONOGRAPHS.
(a) Identification.--
(1) In general.--The Commissioner of Food and Drugs (in
this section referred to as the ``Commissioner'') shall
identify each monograph established pursuant to section 330.10
of title 21, Code of Federal Regulations, that may require
further review to determine whether the monograph is in need of
amendment or repeal.
(2) Public comments.--To assist in the identification of
such monographs, the Commissioner shall give interested
persons, including medical societies and other entities with
expertise on drugs, an opportunity to submit comments.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Commissioner shall submit a report to the Congress
identifying any monographs that, as determined by the Commissioner, may
require further review to determine whether such monographs are in need
of amendment or repeal. Such report shall include--
(1) an assessment of the resources necessary to conduct
such review and make such amendments or repeals;
(2) a summary of the comments received under subsection
(a)(2); and
(3) a listing of the monographs that, as recommended in
such comments, are in need of amendment or repeal and the basis
for such recommendations.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act and the amendments made by this Act, there
are authorized to be appropriated such sums as may be necessary. | Non-Prescription Drug Modernization Act of 2007 - Amends the Federal Food, Drug, and Cosmetic Act to authorize: (1) the amendment or repeal of an over-the-counter drug monograph without notice and public procedure if there is a finding by the Secretary of Health and Human Services that a category of drugs or a specific drug is associated with a significant risk or that such drugs lack evidence of effectiveness; and (2) the Food and Drug Administration (FDA) to regulate over-the-counter drug advertisements.
Directs the Commissioner of Food and Drugs to identify over-the-counter drug monographs that may require amendment or repeal and to report the findings to Congress. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to provide for the amendment or repeal of monographs, to expand the Food and Drug Administration's authority to regulate drug advertising, and for other purposes."} | 1,269 | 145 | 0.538841 | 1.460131 | 0.622496 | 2.766917 | 8.203008 | 0.887218 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Medical Service Safety
Improvement Act of 2009''.
SEC. 2. INCREASING SAFETY FOR HELICOPTER AND FIXED-WING EMERGENCY
MEDICAL SERVICE OPERATORS AND PATIENTS.
(a) Compliance Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of enactment of this Act,
helicopter and fixed-wing aircraft certificate holders
providing emergency medical services shall comply with part 135
of title 14, Code of Federal Regulations, if there is a medical
crew on board, without regard to whether there are patients on
board.
(2) Exception.--If a certificate holder described in
paragraph (1) is operating under instrument flight rules or is
carrying out training therefor--
(A) the weather minimums and duty and rest time
regulations under such part 135 of such title shall
apply; and
(B) the weather reporting requirement at the
destination shall not apply until such time as the
Administrator of the Federal Aviation Administration
determines that portable, reliable, and accurate
ground-based weather measuring and reporting systems
are available.
(b) Implementation of Flight Risk Evaluation Program.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to create a standardized checklist of risk
evaluation factors based on Notice 8000.301, which was
issued by the Administration on August 1, 2005; and
(B) to require helicopter and fixed-wing aircraft
emergency medical service operators to use the
checklist created under subparagraph (A) to determine
whether a mission should be accepted.
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it such
initiation.
(c) Comprehensive Consistent Flight Dispatch Procedures.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to require that helicopter and fixed-wing
emergency medical service operators formalize and
implement performance-based flight dispatch and flight
following procedures; and
(B) to develop a method to assess and ensure that
such operators comply with the requirements described
in subparagraph (A).
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it such
initiation.
(d) Improving Situational Awareness.--Not later than one year after
the date of enactment of this Act, any helicopter or fixed-wing
aircraft used for emergency medical service shall have on board a
device that performs the function of a terrain awareness and warning
system and a means of displaying that information that meets the
requirements of the applicable Federal Aviation Administration
Technical Standard Order or other guidance prescribed by the
Administrator.
(e) Improving the Data Available on Air Medical Operations.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall require each certificate holder for
helicopters and fixed-wing aircraft used for emergency medical
service operations to report not later than 1 year after the
date of enactment of this Act and annually thereafter on--
(A) the number of aircraft and helicopters used to
provide air ambulance services, the registration number
of each of these aircraft or helicopters, and the base
location of each of these aircraft or helicopters;
(B) the number of flights and hours flown by each
such aircraft or helicopter used by the certificate
holder to provide such services during the reporting
period; and
(C) the number of flights and the purpose of each
flight for each aircraft or helicopter used by the
certificate holder to provide such services during the
reporting period.
(2) Report to Congress.--The Administrator of the Federal
Aviation Administration shall report to Congress on the
information received pursuant to paragraph (1) of this
subsection no later than 18 months after the date of enactment
of this Act.
(f) Improving the Data Available to NTSB Investigators at Crash
Sites.--
(1) Study.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a report that indicates the
availability, survivability, size, weight, and cost of devices
that perform the function of recording voice communications and
flight data information on existing and new helicopters and
existing and new fixed-wing aircraft used for emergency medical
service operations.
(2) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations that require
devices that perform the function of recording voice
communications and flight data information on board aircraft
described in paragraph (1). | Air Medical Service Safety Improvement Act of 2009 - Requires helicopter and fixed-wing aircraft certificate holders providing emergency medical services, if there is a medical crew on board, without regard to whether there are patients on board, to comply with federal safety operating requirements governing commuter and on demand operations as well as persons on board aircraft. Prescribes other requirements for such certificate holders when operating under instrument flight rules or carrying out training.
Requires the Administrator of the Federal Aviation Administration (FAA) to initiate a rulemaking to: (1) create a standardized checklist of risk evaluation factors which shall be used by helicopter and fixed-wing aircraft emergency medical service operators to determine whether a mission should be accepted; (2) require such operators to implement and comply with performance-based flight dispatch and flight-following procedures; and (3) develop a method to assess and ensure that such operators comply with the latter requirements.
Requires, not later than one year after enactment of this Act, helicopter or fixed-wing aircraft used for emergency medical service to have on board a terrain awareness and warning system device, and a means of displaying its information, that meet FAA guidelines.
Requires the Administrator to: (1) require certificate holders for helicopters and fixed-wing aircraft used for emergency medical service operations to report annually on the number of such aircraft used, and number of flights and hours flown, to provide air ambulance services; (2) issue a report on the availability, survivability, and costs of devices that record voice communications and flight data information on existing and new helicopters and fixed-wing aircraft used for emergency medical service operations; and (3) issue regulations to require such devices on board such aircraft. | {"src": "billsum_train", "title": "A bill to increase the safety of the crew and passengers in air ambulances."} | 1,036 | 358 | 0.711858 | 2.021338 | 0.828267 | 4.11747 | 2.921687 | 0.930723 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1975, title XX of the Social Security Act (42
U.S.C. 1397 et seq.), commonly referred to as the Social
Services Block Grant (in this section referred to as ``SSBG''),
has authorized funding for social services to ensure that at-
risk children and families, the elderly, and physically and
mentally disabled individuals remain stable, independent, and
economically self sufficient. In 1981, Congress and the Reagan
Administration converted SSBG into a block grant designed to
give maximum flexibility to States to serve these fundamental
purposes.
(2) Funds provided under the SSBG focus cost-effective
support at the community level that prevents the need for
inappropriate institutional care which is more costly for
Federal and State programs such as the medicaid, medicare, and
the social services disability benefits programs.
(3) The SSBG helps to further the goals set forth in the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Public Law 104-193; 110 Stat. 2105) by supporting
Temporary Assistance to Needy Families (TANF) and support-
related programs such as on-the-job training, child care,
transportation, counseling, and other services that facilitate
long-term family stability and economic self sufficiency.
(4) The SSBG provides essential funding to many States for
child welfare services that support the goals of the Adoption
and Safe Families Act of 1997 (Public Law 105-89; 111 Stat.
2115) to promote a safe family environment and encourage
adoption to move children into stable and permanent families.
(5) The SSBG helps promote independent living for
vulnerable and low-income elderly individuals by supporting
home care services, including home-delivered meals, adult
protective services, adult day care, and other essential case
management services provided in every State.
(6) It is reported that 820,000 older Americans are abused
and neglected in this country each year. There are additional
concerns about the under reporting of elderly abuse and
neglect. The SSBG supports adult protective services that
prevent widespread abuse and neglect of older Americans and
help more than 651,000 elderly individuals in 31 States.
(7) More than 570,000 disabled individuals receive a range
of community-based services and supports nationwide. The SSBG
provides significant resources to fill the funding gaps in the
developmental disabilities system by supporting such services
as early intervention and crisis intervention, adult day care,
respite care, transportation, employment training, and
independent living services in 38 States.
(8) The SSBG supports essential mental health and related
services to ensure that vulnerable adults and children receive
early intervention to prevent more serious and costly mental
health crises in the future. Such services include the
provision of counseling to almost 400,000 adults and children,
case management services for nearly 900,000 families, and the
provision of information and referral assistance to more than
1,300,000 individuals.
(9) There are nearly 3,000,000 reports of child abuse and
neglect each year. There are currently over 300,000 children in
the American foster care system. The SSBG enables the provision
of child protective services to 1,300,000 children, adoption
services to over 150,000 children and families, and prevention
and intervention services to more than 700,000 families.
(10) The SSBG has been eroded by more than $1,000,000,000
over the last 6 years resulting in cuts in services in many
States and local communities.
(11) Temporary Assistance to Needy Families (TANF) block
grants cannot be used to make up cuts to the SSBG because a
large percentage of SSBG funds are used for the elderly,
disabled, and other populations that are ineligible for TANF
funds.
(12) The 104th Congress made a commitment to the SSBG in
the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 by authorizing the program at $2,380,000,000
through fiscal year 2002 and returning the authorization for
the program to $2,800,000,000 in fiscal year 2003 and each
succeeding fiscal year.
SEC. 2. RESTORATION OF AUTHORITY TO TRANSFER UP TO 10 PERCENT OF TANF
FUNDS TO THE SOCIAL SERVICES BLOCK GRANT FOR FISCAL YEAR
2002.
(a) In General.--Section 404(d)(2)(B) of the Social Security Act
(42 U.S.C. 604(d)(2)(B)) is amended to read as follows:
``(B) Applicable percent.--For purposes of
subparagraph (A), the applicable percent is--
``(i) 10 percent in the case of fiscal year
2001; and
``(ii) 10 percent in the case of fiscal
year 2002.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 3. RESTORATION OF FUNDS FOR THE SOCIAL SERVICES BLOCK GRANT.
(a) In General.--Section 2003(c) of the Social Security Act (42
U.S.C. 1397b(c)) is amended by striking paragraphs (10) and (11) and
inserting the following:
``(10) $1,775,000,000 for the fiscal year 2000;
``(11) $1,725,000,000 for the fiscal year 2001; and
``(12) $2,380,000,000 for the fiscal year 2002.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2001.
SEC. 4. REQUIREMENT TO SUBMIT ANNUAL REPORT ON STATE ACTIVITIES.
(a) In General.--Section 2006(c) of the Social Security Act (42
U.S.C. 1397e(c)) is amended by adding at the end the following: ``The
Secretary shall compile the information submitted by the States and
submit that information to Congress on an annual basis.''.
(b) Effective Date.--The amendment made by subsection (a) applies
to information submitted by States under section 2006 of the Social
Security Act (42 U.S.C. 1397e) with respect to fiscal year 2000 and
each fiscal year thereafter. | Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to restore the authority of States to transfer up to ten percent of TANF funds to carry out State programs pursuant to SSA title XX (Block Grants to States for Social Services) for FY 2002.Amends SSA title XX to: (1) restore funds to States and territories for FY 2001 and 2002; and (2) require the Secretary of Health and Human Services to compile information on State activities carried out under SSA title XX and report it annually to Congress. | {"src": "billsum_train", "title": "To amend titles IV and XX of the Social Security Act to restore funding for the Social Services Block Grant, and restore for fiscal year 2002 the ability of States to transfer up to 10 percent of funds from the program of block grants to States for temporary assistance for needy families to carry out activities under the Social Services Block Grant."} | 1,328 | 136 | 0.432032 | 1.175481 | 0.491989 | 1.732143 | 10.651786 | 0.803571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Price Gouging Prevention
Act''.
SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM
DISTILLATES DURING EMERGENCIES.
(a) Unconscionable Pricing.--
(1) In general.--It shall be unlawful for any person to
sell, at wholesale or at retail in an area and during a period
of an energy emergency, gasoline or any other petroleum
distillate covered by a proclamation issued under paragraph (2)
at a price that--
(A) is unconscionably excessive; and
(B) indicates the seller is taking unfair advantage
of the circumstances related to an energy emergency to
increase prices unreasonably.
(2) Energy emergency proclamation.--
(A) In general.--The President may issue an energy
emergency proclamation for any area within the
jurisdiction of the United States, during which the
prohibition in paragraph (1) shall apply. The
proclamation shall state the geographic area covered,
the gasoline or other petroleum distillate covered, and
the time period that such proclamation shall be in
effect.
(B) Duration.--The proclamation--
(i) may not apply for a period of more than
30 consecutive days, but may be renewed for
such consecutive periods, each not to exceed 30
days, as the President determines appropriate;
and
(ii) may include a period of time not to
exceed 1 week preceding a reasonably
foreseeable emergency.
(3) Factors considered.--In determining whether a person
has violated paragraph (1), there shall be taken into account,
among other factors--
(A) whether the amount charged by such person for
the applicable gasoline or other petroleum distillate
at a particular location in an area covered by a
proclamation issued under paragraph (2) during the
period such proclamation is in effect--
(i) grossly exceeds the average price at
which the applicable gasoline or other
petroleum distillate was offered for sale by
that person during the 30 days prior to such
proclamation;
(ii) grossly exceeds the price at which the
same or similar gasoline or other petroleum
distillate was readily obtainable in the same
area from other competing sellers during the
same period;
(iii) reasonably reflected additional
costs, not within the control of that person,
that were paid, incurred, or reasonably
anticipated by that person, or reflected
additional risks taken by that person to
produce, distribute, obtain, or sell such
product under the circumstances; and
(iv) was substantially attributable to
local, regional, national, or international
market conditions; and
(B) whether the quantity of gasoline or other
petroleum distillate the person produced, distributed,
or sold in an area covered by a proclamation issued
under paragraph (2) during a 30-day period following
the issuance of such proclamation increased over the
quantity that that person produced, distributed, or
sold during the 30 days prior to such proclamation,
taking into account usual seasonal demand variations.
(b) False Pricing Information.--It shall be unlawful for any person
to report to a Federal agency information related to the wholesale
price of gasoline or other petroleum distillates with actual knowledge
or knowledge fairly implied on the basis of objective circumstances
that such information is false or misleading.
(c) Definitions.--As used in this section--
(1) the term ``wholesale'', with respect to sales of
gasoline or other petroleum distillates, means either truckload
or smaller sales of gasoline or petroleum distillates where
title transfers at a product terminal or a refinery, and dealer
tank wagon sales of gasoline or petroleum distillates priced on
a delivered basis to retail outlets; and
(2) the term ``retail'', with respect to sales of gasoline
or other petroleum distillates, includes all sales to end users
such as motorists as well as all direct sales to other end
users such as agriculture, industry, residential, and
commercial consumers.
(d) Construction.--As described in this section, a sale of gasoline
or other petroleum distillate does not include a transaction on a
futures market.
SEC. 3. 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 gasoline and other
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 with actual knowledge or knowledge fairly implied on
the basis of objective circumstances shall be subject to the
following penalties:
(A) Price gouging; unjust profits.--Any person who
violates section 2(a) 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.--Any person who violates
section 2(b) shall be subject to a civil penalty of not
more than $1,000,000.
(2) Method.--The penalties provided by paragraph (1) shall
be obtained in the same manner as civil penalties obtained
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 court shall take into consideration, among
other factors, 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. 4. CRIMINAL PENALTIES.
(a) In General.--In addition to any penalty applicable under
section 3, any person who violates section 2 shall be fined under title
18, United States Code--
(1) if a corporation, not to exceed $150,000,000; and
(2) if an individual not to exceed $2,000,000, or
imprisoned for not more than 10 years, or both.
(b) Enforcement.--The criminal penalty provided by subsection (a)
may be imposed only pursuant to a criminal action brought by the
Attorney General or other officer of the Department of Justice.
SEC. 5. 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 3(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, involving a retail sale.
(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) 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. 6. LOW INCOME ENERGY ASSISTANCE.
Amounts collected in fines and penalties under section 3 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, the 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. 7. 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.
Passed the House of Representatives May 23, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Federal Price Gouging Prevention Act - (Sec. 2) Makes it unlawful during a period proclaimed by the President as an energy emergency to sell gasoline or any other petroleum distillate at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of the circumstances of an emergency to increase prices unreasonably.
Authorizes the President to issue an energy emergency proclamation and to cite the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that it shall be in effect.
Limits such proclamation to a period of up to 30 consecutive days, but authorizes renewals of up to 30 days.
Authorizes a proclamation to include a period of up to one week preceding a reasonably foreseeable emergency.
Sets forth factors to be considered in determining whether a violation of this Act has occurred.
Declares unlawful any false or misleading reporting to a federal agency of price information with actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that such information is false or misleading.
Exempts from this Act a sale of gasoline or other petroleum distillate transaction on a futures market.
(Sec. 3) Empowers the Federal Trade Commission (FTC) and state attorneys general to enforce this Act.
Subjects any person who violates this Act to specified civil and criminal penalties.
States that the criminal penalty may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice.
(Sec. 5) Provides that a state, as parens patriae, may bring a civil action in federal district court to enforce the unconscionable pricing prohibition of this Act, or to impose the civil penalties authorized by this Act, whenever the state's attorney general has reason to believe that the interests of state residents have been or are being threatened or adversely affected by a violation of this Act, or a regulation under it, which involves a retail sale.
(Sec. 6) Requires fines and penalties collected under this Act to be deposited in a separate Consumer Relief Trust Fund in the Treasury to provide assistance under the Low Income Home Energy Assistance (LIHEAP) Program administered by the Secretary of Health and Human Services.
(Sec. 7) Declares that nothing in this Act preempts state law. | {"src": "billsum_train", "title": "To protect consumers from price-gouging of gasoline and other fuels, and for other purposes."} | 2,402 | 521 | 0.683331 | 2.318238 | 0.769913 | 4.148649 | 4.907658 | 0.941441 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Claims Licensing Advancement for
Interstate Matters Act'' or the ``CLAIM Act''.
SEC. 2. STATE FLEXIBILITY IN MULTISTATE ADJUSTER LICENSING REFORMS.
(a) In General.--Section 4 shall take effect upon the expiration of
the 4-year period beginning on the date of the enactment of this Act
unless, before the expiration of such period, those States that license
independent claims adjusters have enacted--
(1) uniform laws and regulations governing the licensure of
individuals and entities authorized to adjust insurance claims
within the State; and
(2) reciprocity laws and regulations governing the
licensure of nonresident individuals and entities authorized to
adjust insurance claims within those States.
(b) Uniformity Required.--States shall be deemed to have
established the uniformity necessary to comply with subsection (a)(1)
if the States--
(1) establish uniform criteria regarding the integrity,
personal qualifications, education, training, and experience of
licensed independent claims adjusters for--
(A) property and casualty insurance;
(B) workers compensation insurance; and
(C) such other lines as a State may choose to
regulate.
(2) establish uniform continuing education requirements for
licensed independent claims adjusters for each line of
insurance under paragraph (1) that a State chooses to regulate;
(3) establish uniform ethics course requirements for
licensed independent claims adjusters in conjunction with the
continuing education requirements under paragraph (2);
(4) do not impose any requirement upon any independent
claims adjuster to be licensed or otherwise qualified to do
business as a nonresident that has the effect of limiting or
conditioning that independent claims adjuster's activities
because of its residence or place of operations; and
(5) utilize a uniform license application.
(c) Reciprocity Required.--States shall be deemed to have
established the reciprocity required to comply with subsection (a)(2)
if the following conditions are met:
(1) Administrative licensing procedures.--Each State that
licenses independent claims adjusters permits an independent
claims adjuster that has a license for adjusting insurance
claims in their home State to receive a license to adjust
insurance claims in those other States as a nonresident to the
same extent that such independent claims adjuster is permitted
to adjust insurance claims in their home State without
satisfying any additional requirements other than submitting--
(A) a request for licensure utilizing the uniform
license application;
(B) a copy of, or evidence of, a valid license held
by the adjuster in their home State (unless such
information is available in the National Insurance
Producer Registry Producer Database); and
(C) the payment of any requisite fee to the
appropriate authority.
(2) Continuing education requirements.--Each State that
licenses an independent claims adjuster accepts an insurance
claims adjuster's satisfaction of their home State's continuing
education requirements for licensed insurance claims adjusters
to satisfy the State's own continuing education requirements.
(3) No limiting nonresident requirements.--A State does not
impose any requirement upon any independent claims adjuster to
be licensed or otherwise qualified to do business as a
nonresident that has the effect of limiting or conditioning
that independent claims adjuster's activities because of its
residence or place of operations.
(4) Reciprocal reciprocity.--Each of the States that
satisfies paragraphs (1), (2), and (3) grants reciprocity to
residents of all of the other States that satisfy such
paragraphs.
(d) Determination.--
(1) Determination.--A State shall be considered to be in
compliance with subsection (a) for purposes of this Act if the
Department of the Treasury, Office of General Counsel
determines that, before the expiration of the 4-year period
beginning on the date of the enactment of this Act, the State
is in compliance with the requirements under such subsection.
(2) Continued review.--With respect to any State that the
Department of the Treasury, Office of General Counsel has
determined to be in compliance with the requirements of
subsection (a), the Department of the Treasury, Office of
General Counsel shall continue to review and determine such
State's compliance with the requirements of subsection (a) on
an annual basis. If the Department of the Treasury, Office of
General Counsel determines at any time that a State no longer
is in compliance with the requirements of subsection (a),
section 4 shall apply with respect to such State.
(3) Judicial review.--The appropriate United States
District Court shall have exclusive jurisdiction over any
challenge arising under this section. The court shall apply the
standards set forth in section 706 of title 5, United States
Code, in reviewing any such challenge.
SEC. 3. STATE AUTHORITIES.
Nothing in this Act shall be construed to--
(1) require a State that does not have licensing
requirements for independent claims adjusters to adopt any such
requirements;
(2) subject to section 2, limit the right of a State to
establish licensing fees or enforce its laws regarding the
adjusting of insurance claims, provided that such State fee is
uniform regardless of the State of residence of the licensee in
that State; or
(3) affect the jurisdiction and authority of a State
insurance regulator to prescribe and enforce its insurance
laws, rules, and regulations regulating independent claims
adjuster activity in its jurisdiction.
SEC. 4. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING.
In the case of any State that requires and issues licenses for
independent claims adjusters but is not in compliance with section 2,
after the expiration of the 4-year period beginning on the date of the
enactment of this Act, an independent claims adjuster may apply to the
National Association of Agents and Brokers for Membership for the
purpose of licensure in each such State not in compliance with section
2, provided that such independent claims adjuster pays the requisite
fees, including licensing fees. For purposes of this provision, upon
such date an independent claims adjuster shall be determined to be a
person that negotiates policies of insurance and offers advice,
counsel, opinions or services related to insurance, as such terms are
used in section 334(5) of Public Law 106-102, as amended by section
202(a) of Public Law 114-1 (15 U.S.C. 6764(5); 129 Stat. 27).
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Home state.--
(A) Actual.--The term ``home State'' means, with
respect to an independent claims adjuster, the State in
which the adjuster maintains his, her, or its principal
place of residence or business and is licensed upon
having passed an exam as an independent claims
adjuster.
(B) Designated.--If the State in which an
independent claims adjuster maintains his or her
principal place of residence or business does not issue
an independent claims adjuster license or require an
examination as a condition for such licensure for the
line or lines of authority sought, such term means any
other State in which the independent claims adjuster is
so licensed upon having passed an exam and that is
designated by such adjuster as his or her home State.
(2) Independent claims adjuster.--The term ``independent
claims adjuster'' means an individual, other than a public
adjuster, who undertakes on behalf of insurers or self-insurers
to investigate, evaluate, and negotiate the resolution of the
amount of a property, casualty, liability, disability, or
workers' compensation claim, loss, or damage on behalf of an
insurance policy or insurer or as a third-party on behalf of a
self-insurer. Such term includes company or staff adjusters,
who are individuals, other than a public adjuster, employed by
property casualty insurers and undertake to investigate,
evaluate, and negotiate the resolution of a property, casualty,
liability, disability, or workers' compensation claim, loss, or
damage on behalf of an insurance policy or insurer.
(3) Public adjuster.--The term ``public adjuster'' means
any person who, for compensation or any other thing of value,
on behalf of the insured acts, aids, advertises, or solicits
business to ascertain, determine, negotiate, or settle the
amount of a claim, loss, or damage, solely in relation to first
party claims arising under contracts that insure the real or
personal property of the insured.
(4) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(5) State law.--The term ``State law'' includes all laws,
decisions, rules, regulations, or other State action of any
State having the effect of law; and a law of the United States
applicable only to the District of Columbia shall be treated as
a State law rather than as a law of the United States. | Claims Licensing Advancement for Interstate Matters Act or the CLAIM Act This bill authorizes an independent insurance claims adjuster to apply to the National Association of Registered Agents and Brokers for Membership for the purpose of licensure in any state that requires a license for such adjusters that is not among such states that have enacted, within four years of this Act's enactment: (1) uniform laws and regulations governing the licensure of individuals and entities authorized to adjust claims within the state, and (2) reciprocity laws and regulations governing the licensure of nonresident individuals and entities authorized to adjust such claims within those states. The Department of the Treasury must annually determine a state's continued compliance with such requirements. | {"src": "billsum_train", "title": "CLAIM Act"} | 1,968 | 160 | 0.707619 | 2.043635 | 0.688473 | 4.238462 | 14.115385 | 0.930769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Company Acountability Act''.
SEC. 2. ENERGY TAX REBATE.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application in the case of
abatements, credits, and refunds) is amended by adding at the end the
following new section:
``SEC. 6430. ENERGY TAX REBATE.
``(a) General Rule.--Except as otherwise provided in this section,
each individual shall be treated as having made a payment against the
tax imposed by chapter 1 for the taxable year beginning in 2006 in an
amount equal to $500.
``(b) Remittance of Payment.--The Secretary shall remit to each
taxpayer the payment described in subsection (a) not later than 30 days
after the date of the enactment of this section.
``(c) Certain Persons Not Eligible.--This section shall not apply
to--
``(1) any individual who did not have any adjusted gross
income for the preceding taxable year or whose adjusted gross
income for such preceding taxable year exceeded $120,000,
``(2) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for the taxable
year beginning in 2006,
``(3) any estate or trust, or
``(4) any nonresident alien individual.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting before the period ``, or enacted
by the Oil Company Acountability Act''.
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 6430. Energy tax rebate.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL
COMPANIES.
(a) General Rule.--Notwithstanding any other provision of law, if a
taxpayer is an applicable integrated oil company for its last taxable
year ending in calendar year 2005, the taxpayer shall--
(1) increase, effective as of the close of such taxable
year, the value of each historic LIFO layer of inventories of
crude oil, natural gas, or any other petroleum product (within
the meaning of section 4611) by the layer adjustment amount,
and
(2) decrease its cost of goods sold for such taxable year
by the aggregate amount of the increases under paragraph (1).
If the aggregate amount of the increases under paragraph (1) exceed the
taxpayer's cost of goods sold for such taxable year, the taxpayer's
gross income for such taxable year shall be increased by the amount of
such excess.
(b) Layer Adjustment Amount.--For purposes of this section--
(1) In general.--The term ``layer adjustment amount''
means, with respect to any historic LIFO layer, the product
of--
(A) $18.75, and
(B) the number of barrels of crude oil (or in the
case of natural gas or other petroleum products, the
number of barrel-of-oil equivalents) represented by the
layer.
(2) Barrel-of-oil equivalent.--The term ``barrel-of-oil
equivalent'' has the meaning given such term by section
29(d)(5) (as in effect before its redesignation by the Energy
Tax Incentives Act of 2005).
(c) Application of Requirement.--
(1) No change in method of accounting.--Any adjustment
required by this section shall not be treated as a change in
method of accounting.
(2) Underpayments of estimated tax.--No addition to the tax
shall be made under section 6655 of the Internal Revenue Code
of 1986 (relating to failure by corporation to pay estimated
tax) with respect to any underpayment of an installment
required to be paid with respect to the taxable year described
in subsection (a) to the extent such underpayment was created
or increased by this section.
(d) Applicable Integrated Oil Company.--For purposes of this
section, the term ``applicable integrated oil company'' means an
integrated oil company (as defined in section 291(b)(4) of the Internal
Revenue Code of 1986) which has an average daily worldwide production
of crude oil of at least 500,000 barrels for the taxable year and which
had gross receipts in excess of $1,000,000,000 for its last taxable
year ending during calendar year 2005. For purposes of this subsection
all persons treated as a single employer under subsections (a) and (b)
of section 52 of the Internal Revenue Code of 1986 shall be treated as
1 person and, in the case of a short taxable year, the rule under
section 448(c)(3)(B) shall apply.
SEC. 4. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
(relating to credit for taxes of foreign countries and of possessions
of the United States) is amended by redesignating subsection (m) as
subsection (n) and by inserting after subsection (l) the following new
subsection:
``(m) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a large integrated oil company to a foreign
country or possession of the United States for any period shall
not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply
the proper treatment of any such amount not in excess
of the amount determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or possession.
``(4) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States. | Oil Company Accountability Act - Amends the Internal Revenue Code to: (1) grant individual taxpayers with adjusted gross incomes of not more than $120,000 a $500 tax rebate in 2006; (2) require large integrated oil companies to make certain adjustments to the value of their LIFO inventories of crude oil, natural gas, or other petroleum products; and (3) deny a foreign tax credit to large integrated oil companies designated as dual capacity taxpayers for amounts paid to a foreign country which does not have a generally applicable income tax and from which such oil companies receive an economic benefit. Defines "large integrated oil companies" as companies with annual gross receipts in excess of $1 billion and average daily worldwide crude oil production of at least 500,000 barrels. | {"src": "billsum_train", "title": "A bill to provide an immediate Federal income tax rebate to help taxpayers with higher fuel costs, and for other purposes."} | 1,930 | 157 | 0.547498 | 1.515242 | 0.668869 | 2.386207 | 11.772414 | 0.868966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yemen Security and Humanity Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Yemen, a country that has been plagued by violence and
insurgency for many years, has been locked in a devastating
civil war since 2015.
(2) In April 2017, the World Food Programme announced that
Yemen is on the brink of ``full-scale famine'' and classified
approximately 7,000,000 Yemenis, including 2,200,000 children,
as ``severely food insecure''.
(3) Although many factors account for the famine conditions
in Yemen, including years of government mismanagement,
corruption, and natural disasters, the World Food Programme
indicates that the impact of the conflict--including the
destruction of public services, infrastructure, transport, and
Yemen's economy--is having a significant impact on Yemen's food
insecurity.
(4) According to the United Nations International
Children's Emergency Fund, a Yemeni child dies every ten
minutes, on average, from malnutrition, diarrhea, or
respiratory tract infections.
(5) Disease, war, and desperate poverty in Yemen threaten
United States core values and strategic priorities for
combating global terror.
(6) According to the January 2014 ``Worldwide Threat
Assessment of the US Intelligence Community''--
(A) a ``[l]ack of adequate food will be a
destabilizing factor in countries important to US
national security that do not have the financial or
technical abilities to solve their internal food
security problems''; and
(B) ``[f]ood and nutrition insecurity in weakly
governed countries might also provide opportunities for
insurgent groups to capitalize on poor conditions,
exploit international food aid, and discredit
governments for their inability to address basic
needs''.
(7) Yemen imports 90 percent of its food, a majority of
which enters the country through the port of Hodeida, currently
a Houthi-controlled city.
(8) In response to the August 2015 bombing of the port of
Hodeida, the United States Agency for International Development
funded, in part, the replacement of port cranes destroyed in
the bombing, though the replacements have not been delivered
because of current conditions on the ground despite being
essential to accelerate the rapid delivery of food from the
port.
(9) Relief organizations are concerned that the closure of
the port of Hodeida for any reason could further exacerbate
famine in Yemen because the majority of humanitarian aid enters
the country through that port.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) effectively addressing the famine conditions in Yemen
is in the national security interests of the United States;
(2) interventions supported by the United States to advance
national security should also consider the impact of military
engagement on humanitarian operations in such regions; and
(3) bureaucratic procedures with respect to humanitarian
aid must be urgently improved and expedited to allow for an
expansion of the scale of the humanitarian operations providing
such aid.
SEC. 4. COORDINATION IN FAMINE-RISK AREAS.
Section 5(a) of the Global Food Security Act of 2016 (22 U.S.C.
9304(a)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) in paragraph (17), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(18) facilitate coordination between the United States
Agency for International Development, the United Nations Office
for the Coordination of Humanitarian Affairs, and United States
military personnel, with respect to famine-risk areas.''.
SEC. 5. UNITED STATES SECURITY AND HUMANITARIAN SUPPORT STRATEGY FOR
YEMEN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Defense, in coordination with the Administrator of the United States
Agency for International Development, shall jointly submit to Congress
a comprehensive report on United States security and humanitarian
interests in Yemen, including each of the following:
(1) The strategic objectives of the United States in Yemen,
including humanitarian support to civilian populations under
threat of famine, and the criteria for determining the success
of such objectives.
(2) A description of efforts to coordinate civilian and
military efforts with respect to Yemen.
(3) A description of the diplomatic strategy with respect
to regional partners seeking to end the civil war in Yemen. | Yemen Security and Humanity Act This bill expresses the sense of Congress that: (1) addressing the famine conditions in Yemen is in U.S. national security interests, (2) U.S.-supported interventions to advance national security should consider the impact of military engagement on humanitarian operations, and (3) bureaucratic procedures with respect to humanitarian aid must be improved. The Global Food Security Act of 2016 is amended to include in the U.S. global comprehensive food security strategy, with respect to famine-risk areas, coordination among the U.S. Agency for International Development, the United Nations Office for the Coordination of Humanitarian Affairs, and the U.S. military. The Department of State and the Department of Defense shall jointly report to Congress regarding U.S. security and humanitarian interests in Yemen, including: (1) U.S. strategic objectives, including humanitarian support to famine-threatened civilian populations; (2) efforts to coordinate civilian and military efforts; and (3) the diplomatic strategy with respect to regional partners seeking to end Yemen's civil war. | {"src": "billsum_train", "title": "Yemen Security and Humanity Act"} | 992 | 222 | 0.49497 | 1.554742 | 0.790296 | 3.953125 | 4.895833 | 0.911458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Ocean Observation System
Integration and Implementation Act of 2005''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To gain a better understanding of the marine
environment and marine processes important to coastal and
fishery management, marine operations, environmental
prediction, and other appropriate activities.
(2) To authorize the establishment of an observation system
to collect data on environmental variables in coastal ocean
waters of the United States to meet regional and national
information requirements and support an integrated national
ocean observing system.
(3) To more effectively predict and mitigate impacts of
natural hazards such as tsunamis, hurricanes, coastal erosion,
and fluctuating water levels in the Great Lakes, and conserve
healthy and restore degraded coastal ecosystems.
(4) To enable the sustainable use of ocean and coastal
resources.
(5) To ensure that a broad-based multisector constituency
is included in the development of the System, including local,
State, tribal, and Federal agencies, private companies,
nongovernmental organizations, and academic institutions.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Oceanic and Atmospheric Administration.
(2) Coastal waters of the united states.--The term
``coastal waters of the United States'' means waters of coastal
and estuarine areas of United States, waters of the Great Lakes
and the exclusive economic zone of the United States, including
bays, lagoons, fjords, tidal wetlands, and other semienclosed
bodies of water that are connected to ocean waters.
(3) Council.--The term ``Council'' means the National Ocean
Research Leadership Council.
(4) Panel.--The term ``Panel'' means the Ocean and Research
Advisory Panel.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administration.
(6) System.--The term ``System'' means the Coastal Ocean
Observation System established by the Secretary under section
4.
SEC. 4. ESTABLISHMENT OF COASTAL OCEAN OBSERVATION SYSTEM.
(a) Requirement.--The Secretary, in consultation with the Council,
shall establish within the Administration a Coastal Ocean Observation
System to support coastal and fishery management activities and an
integrated national ocean observation system.
(b) Components and Functions.--The System shall--
(1) consist of components of the Administration and other
Federal agencies and non-Federal entities designated as units
under section 5;
(2) transmit such data to users including, as appropriate,
in real time or near real time;
(3) produce forecasts and other appropriate products
representing ocean conditions and processes; and
(4) manage the collected data in accordance with best
practices for archiving and future use.
SEC. 5. DESIGNATION OF UNITS AND STANDARDS.
(a) In General.--The Secretary may, in consultation with the
Council, designate as a unit of the System to carry out the purposes of
this Act any Federal agency or non-Federal entity that operates marine
sensors and other devices that collect remotely sensed and in situ
observation data in the ocean and coastal waters of the United States
in a routine manner, including continuous observations.
(b) Criteria for Designation.--The Secretary may not designate an
agency or other entity as a unit of the System unless the Secretary
certifies, in consultation with the Council, that the entity has
adequate technical expertise to operate and sustain the technology in
the unit, and collect and distribute data in accordance with standards
and protocols established under subsection (c).
(c) Data Standards, Protocols, and Systems.--The Secretary shall--
(1) establish, in consultation with the Council and the
Panel, standards, and protocols for the collection,
availability, and distribution by units of the System of data
regarding coastal waters of the United States; and
(2) establish management, quality control, and assessment
systems for such data collection, availability, and
distribution.
SEC. 6. COORDINATION AND ACTIVITIES OF THE SYSTEM.
(a) In General.--The Secretary shall, in consultation with the
Council, coordinate those observation activities of units of the System
that are conducted with respect to the coastal waters of the United
States, as necessary to collect data to carry out the purposes of this
Act.
(b) Included Activities.--The Secretary shall, in consultation with
the Council, ensure that--
(1) data collection activities of the System include all of
the relevant coastal ocean observations necessary to carry out
the purposes of this Act; and
(2) data collected through the System is useful for
developing forecast models to support coastal and fishery
management, safe and efficient marine navigation, weather and
climate prediction, and other appropriate activities.
(c) Prevention Competition With Private Sector and Duplication of
Effort.--The Secretary shall ensure that data collection activities
conducted through the System--
(1) do not compete with private sector activities; and
(2) minimize duplication of effort.
SEC. 7. CIVIL LIABILITY.
For purposes of determining civil liability under section 2671 of
title 28, United States Code, any unit of the System that is designated
by the Secretary under section 5, and any employee thereof, shall be
treated as an instrumentality of the United States with respect to any
act or omission committed by any such unit or employee in fulfilling
the purposes of this Act.
SEC. 8. DATA AVAILABILITY AND PRODUCTS.
The Secretary shall--
(1) work with the Panel and user groups to ensure the
development of viable end-use products of the System to support
coastal and fishery management activities and other appropriate
activities;
(2) in consultation with the Council, develop a data
management and communication system by which all data collected
by the System regarding coastal waters of the United States are
integrated and available; and
(3) in conjunction with Federal, State, and local agencies,
and academic institutions, use data collected by the System to
develop forecast models to support and improve coastal and
fishery management, safe and efficient marine navigation,
weather and climate prediction, and other appropriate
activities.
SEC. 9. PILOT PROJECTS.
(a) Requirement.--The Secretary, in consultation with the Council,
shall carry out pilot projects to determine the effectiveness of
collecting and integrating coastal ocean observation data to support
the Coastal Ocean Observation System established under this Act.
(b) Included Projects.--The pilot projects shall--
(1) test the integration of data among multiple Federal
agencies and non-Federal entities that operate marine sensors
and other devices to collect or use coastal ocean observation
data;
(2) produce operational applications relevant to the
purposes of this Act;
(3) demonstrate potential economic and societal benefits of
the System; and
(4) advance research and development of useful technologies
and applications.
SEC. 10. PROCESS FOR TRANSITION FROM RESEARCH TO OPERATION.
The Secretary, in consultation with the Council, shall formulate a
process by which--
(1) funding is made available for research on new
technologies for collecting data regarding coastal waters of
the United States;
(2) such technologies are tested in pilot projects,
including--
(A) accelerated research into biological and
chemical sensing techniques and satellite sensors for
collecting such data; and
(B) developing technologies to improve all aspects
of the System, especially the timeliness and accuracy
of its predictive models and the usefulness of its
information products; and
(3) technology that has been demonstrated to be useful for
the System is incorporated into use by the System.
SEC. 11. CONTRACTS AND GRANTS.
The Secretary may enter into contracts or cooperative agreements
with, or make grants to, units of the System to carry out observation
activities with respect to coastal waters of the United States.
SEC. 12. IMPLEMENTATION PLAN.
Not later than 12 months after the date of the enactment of this
Act, the Secretary shall submit to the Congress and the Council a plan
for implementation of this Act, including for--
(1) coordinating activities of the Secretary under this Act
with other Federal agencies; and
(2) distributing, to units of the System, funds available
to carry out this Act.
SEC. 13. REPORT TO CONGRESS.
(a) Requirement.--Not later than two years after the date of the
enactment of this Act and every two years thereafter, the Secretary
shall transmit to the Congress a report on progress made in
implementing this Act.
(b) Contents.--The report shall include the following:
(1) A description of activities carried out under this Act.
(2) An evaluation of the effectiveness of the System.
(3) Benefits of the System to users of data products
resulting from the System (including the general public,
industry, scientists, resource managers, emergency responders,
policy makers, and educators).
(4) Recommendations concerning--
(A) modifications to the System; and
(B) funding levels for the System in subsequent
fiscal years.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act there are authorized to be appropriated to
the Secretary--
(1) $25,000,000 for fiscal year 2005;
(2) $30,000,000 for fiscal year 2006;
(3) $35,000,000 for fiscal year 2007; and
(4) $40,000,000 for fiscal year 2008. | Coastal Ocean Observation System Integration and Implementation Act of 2005 - Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a Coastal Ocean Observation System (System) to support coastal and fishery management activities and an integrated national ocean observation system. Authorizes the Secretary to: (1) designate as a unit of the System any Federal agency or non-Federal entity that operates marine sensors that collect observation data in U.S. ocean and coastal waters; and (2) coordinate such units' activities.
Requires the Secretary to develop: (1) viable end-use products of the System to support coastal and fishery management activities; (2) a data management and communication system by which all System collected data regarding U.S. coastal waters are integrated and available; and (3) forecast models using collected data to support and improve coastal and fishery management, safe and efficient marine navigation, weather and climate prediction, and other appropriate activities.
Requires the Secretary to carry out pilot projects to determine the effectiveness of collecting and integrating coastal ocean observation data to support the System. | {"src": "billsum_train", "title": "To authorize the Secretary of Commerce to establish a coastal ocean observation system."} | 2,002 | 238 | 0.645983 | 1.772579 | 0.921271 | 5.08134 | 9.239234 | 0.956938 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Fraud Prevention Act of
2009''.
SEC. 2. SCHEMES TO DEFRAUD ALIENS.
(a) Amendments to Title 18.--
(1) In general.--Chapter 47 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1041. Schemes to defraud aliens
``(a) In General.--Any person who willfully and knowingly executes
a scheme or artifice, in connection with any matter that is authorized
by or arises under Federal immigration laws or any matter the offender
willfully and knowingly claims or represents is authorized by or arises
under Federal immigration laws, to--
``(1) defraud any person; or
``(2) obtain or receive money or anything else of value
from any person by means of false or fraudulent pretenses,
representations, promises,
shall be fined under this title, imprisoned not more than 5 years, or
both.
``(b) Misrepresentation.--Any person who willfully, knowingly, and
falsely represents that such person is an attorney or an accredited
representative (as that term is defined in section 1292.1 of title 8,
Code of Federal Regulations or any successor regulation to such
section) in any matter arising under Federal immigration laws shall be
fined under this title, imprisoned not more than 5 years, or both.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 18, United States Code, is amended by adding after
the item related to section 1040 the following:
``1041. Schemes to defraud aliens.''.
(b) Investigation of Schemes To Defraud Aliens.--The Attorney
General and the Secretary of Homeland Security shall use the Executive
Office of Immigration Review to detect and investigate individuals who
are in violation of section 1041 of title 18, United States Code, as
added by subsection (a)(1).
SEC. 3. NOTICE AND OUTREACH.
(a) Notice to Aliens in Immigration Proceedings.--
(1) In general.--Subparagraph (E) of section 239(a)(1) of
the Immigration and Nationality Act (8 U.S.C. 1229(a)(1)) is
amended to read as follows:
``(E)(i) The alien may be represented by counsel
and the alien will be provided--
``(I) a period of time to secure counsel
under subsection (b)(1); and
``(II) a current list of counsel prepared
under subsection (b)(2).
``(ii) A description of who may represent the alien
in the proceedings, including a notice that immigration
consultants, visa consultants, and other unauthorized
individuals may not provide that representation.''.
(2) List of disciplined practitioners.--Subsection (b) of
section 239 of the Immigration and Nationality Act (8 U.S.C.
1229) is amended--
(A) by redesignating paragraph (3) as paragraph
(6); and
(B) by inserting after paragraph (2) the following
new paragraphs:
``(3) List of disciplined practitioners.--The Attorney
General shall provide for lists (updated no less often than
quarterly) of persons who are prohibited for providing
representation in immigration proceedings.
``(4) Foreign language materials.--The materials required
to be provided to an alien under this subsection shall be
provided in appropriate languages, including English and
Spanish.
``(5) Oral notification.--At the earliest possible
opportunity, an immigration judge shall orally advise an alien
in a removal proceeding of the information described in
paragraphs (2) and (3).''.
(b) Outreach to Immigrant Communities.--
(1) Authority to conduct.--The Attorney General, through
the Director of the Executive Office for Immigration Review,
and the Secretary of Homeland Security shall carry out a
program to educate aliens regarding who may provide legal
services and representation to aliens in immigration
proceedings through cost-effective outreach to immigrant
communities.
(2) Purpose.--The purpose of the program authorized under
paragraph (1) is to prevent aliens from being subjected to
fraud by immigration consultants, visa consultants, and other
individuals who are not authorized to provide legal services or
representation to aliens.
(3) Availability.--The Attorney General and the Secretary
of Homeland Security shall make information regarding fraud by
immigration consultants, visa consultants, and other
individuals who are not authorized to provide legal services or
representation to aliens available--
(A) at appropriate offices that provide services or
information to aliens; and
(B) through Internet websites that are--
(i) maintained by the Attorney General or
the Secretary; and
(ii) intended to provide information
regarding immigration matters to aliens.
(4) Foreign language materials.--Any educational materials
used to carry out the program authorized under paragraph (1)
shall be made available to immigrant communities in appropriate
languages, including English and Spanish. | Immigration Fraud Prevention Act of 2009 - Amends the federal criminal code to subject a person to fine, imprisonment, or both, who: (1) willfully and knowingly executes a scheme in connection with any federal immigration law-related matter to defraud a person, or to obtain money or anything else of value from a person by means of false or fraudulent pretenses, representations, or promises; or (2) willfully, knowingly, and falsely represents that such person is an attorney or an accredited representative in any federal immigration law-related matter.
Directs the Attorney General and the Secretary of Homeland Security to: (1) use the Executive Office of Immigration Review to investigate such immigration fraud crimes; and (2) educate immigrant communities about who may provide legal services and representation in immigration proceedings.
Amends the Immigration and Nationality Act to require that: (1) aliens in removal proceedings be provided with a description of who may represent them, including notice that immigration consultants, visa consultants, and other unauthorized individuals may not provide such representation; and (2) the Attorney General provide for lists of persons who are prohibited from providing representation in immigration proceedings. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide penalties for individuals who engage in schemes to defraud aliens and for other purposes."} | 1,081 | 239 | 0.658075 | 1.987254 | 0.849426 | 3.696429 | 4.441964 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer Awareness
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) breast cancer is the most common cancer among women of
the United States, except for skin cancers;
(2) today, about 1 in 8, or 12 percent of, women in the
United States will develop invasive breast cancer, which is an
increase from 1 in 11, or 9 percent of, women in 1975;
(3) breast cancer is the second leading cause of cancer
death in women;
(4) the chance of dying from breast cancer is about 1 in
36;
(5) thanks to earlier detection, increased awareness, and
improved treatment, death rates from breast cancer have
decreased since 1989;
(6) there is a strong interest among the people of the
United States to do more to tackle breast cancer;
(7) the National Cancer Institute estimates that
$18,100,000,000 was spent in the United States on breast cancer
care in 2014;
(8) finding a cure for breast cancer is a goal of the
United States Government;
(9) the National Institutes of Health dedicated an
estimated $674,000,000 for breast cancer research in fiscal
year 2014;
(10) in fiscal year 2014, the Breast Cancer Research
Program of the Department of Defense received $120,000,000;
(11) while the National Institutes of Health and the
Department of Defense program on breast cancer research remain
the largest funders of breast cancer research in the United
States, funding for the National Cancer Institute was reduced
by nearly $66,000,000 between 2011 and 2013;
(12) the funding level for the Department of Defense Breast
Cancer Research Program has remained consistent since 2012, but
this amount represents a 20-percent decrease from 2011 funding
levels;
(13) additional private sector support for breast cancer
research will help find cures for breast cancer even faster;
(14) it is estimated that, in the United States, 231,840
women will be diagnosed with, and 40,290 women will die of,
breast cancer in 2015;
(15) on average, every 13 minutes a woman dies of breast
cancer in the United States;
(16) due to disease type and lack of adequate care,
African-American women have the highest death rates of all
racial and ethnic groups overall and are at least 44-percent
more likely to die of breast cancer than women of other racial
and ethnic groups;
(17) breast cancer used to be considered a disease of aging
but recent trends show that more aggressive forms of the
disease have been increasingly diagnosed in younger women;
(18) breast cancer is the most frequently diagnosed cancer
among nearly every racial and ethnic group, including African-
American, American Indian/Alaska Native, Asian/Pacific
Islander, and Hispanic/Latina women;
(19) clinical advances resulting from research have led to
increased survival rates from breast cancer;
(20) since 1990, death rates from breast cancer have
dropped more than 34 percent;
(21) it is estimated that there will be 2,350 new cases of
invasive breast cancer and 440 breast cancer deaths among men
in the United States in 2015;
(22) at this time there are more than 3,100,000 breast
cancer survivors in the United States;
(23) it is estimated that breast cancer costs
$12,500,000,000 in lost productivity;
(24) the losses of productivity due to breast cancer will
increase with the projected growth rate and aging of the
population of the United States if cancer mortality rates stay
constant in the future;
(25) there is a better chance of survival, and there are
more treatment options available, with early stage detection
through mammograms and clinical breast exams;
(26) breast cancer is the most common cancer in women
worldwide, with an estimated 1,700,000 new cases of breast
cancer among women worldwide in 2012;
(27) the Breast Cancer Research Foundation (hereafter in
this Act referred to as ``BCRF'') is considered one of the most
efficient cancer research charities;
(28) of every dollar donated to BCRF, 91 cents goes to
research and awareness programs, 88 cents towards research and
3 cents towards awareness;
(29) founded in 1993, BCRF has raised more than
$500,000,000 to fuel discoveries in tumor biology, genetics,
prevention, treatment, survivorship, and metastasis, making
BCRF one of the largest private funders of breast cancer
research in the world; and
(30) in 2014 and 2015, BCRF committed $58,600,000 in
research, including $11,600,000 to the international Evelyn H.
Lauder Founder's Fund focused on metastasis, to support the
work of more than 220 researchers at leading medical
institutions across 6 continents, including 25 States and 14
countries.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 gold coins,
which shall--
(A) have a diameter of 0.850 inches; and
(B) be made of ``pink gold'', which contains not
less than 75-percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90-percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the fight against breast cancer.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the face value of the coin;
(B) an inscription of the year ``2018''; 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 selected by the Secretary based on the winning design from a
juried, compensated design competition described under subsection (c).
(c) Design Competition.--
(1) In general.--The Secretary shall hold a competition and
provide compensation for the winner of the competition to
design the obverse and reverse of the coins minted under this
Act. The competition shall be judged by an expert jury chaired
by the Secretary and consisting of 3 members from the Citizens
Coinage Advisory Committee who shall be elected by the
Committee and 3 members from the Commission of Fine Arts who
shall be elected by the Commission.
(2) Proposals.--As part of the competition described in
this subsection, the Secretary may accept proposals from
artists, engravers of the United States Mint, and members of
the general public, and any designs submitted for the design
review process described herein shall be anonymized until a
final selection is made.
(3) Accompanying designs; preference for physical
designs.--The Secretary shall encourage 3-dimensional designs
to be submitted as part of the proposals, and the jury shall
give a preference for proposals that are accompanied by a 3-
dimensional physical design instead of, or in addition to, an
electronic design.
(4) Compensation.--The Secretary shall determine
compensation for the winning design under this subsection,
which shall be not less than $5,000. The Secretary shall take
into account this compensation amount when determining the sale
price described in section 6(a).
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2018.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
the coins; and
(3) the cost of designing and issuing the coins,
including--
(A) labor;
(B) materials;
(C) dies;
(D) use of machinery;
(E) overhead expenses;
(F) marketing; and
(G) 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 the
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar 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 to the Breast Cancer Research Foundation, New York, New York,
for the purpose of furthering research funded by the Foundation.
(c) Audits.--The surcharge recipient under subsection (b) shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under that
subsection.
(d) Limitations.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, at the time of the issuance, the issuance of
the coin would result in the number of commemorative coin programs
issued during that year to exceed the commemorative coin program
restriction under section 5112(m)(1) of title 31, United States Code
(as in effect on the date of the enactment of this Act). The Secretary
may issue guidance to carry out this subsection. | Breast Cancer Awareness Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 gold coins (to be made of "pink gold" containing at least 75% gold), 400,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the fight against breast cancer. Treasury shall: select the design for the coins based upon the winning design from a juried, compensated design competition following certain specifications; and issue the coins only during the one-year period beginning on January 1, 2018. All such coin sales must include the following surcharges: $35 per $5 gold coin, $10 per $1 dollar silver coin, and $5 per half-dollar coin. The Treasury shall pay received surcharges promptly to the Breast Cancer Research Foundation according to a specified distribution formula. | {"src": "billsum_train", "title": "Breast Cancer Awareness Commemorative Coin Act"} | 2,392 | 178 | 0.427288 | 1.281875 | 0.604897 | 2.831325 | 13.698795 | 0.86747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Slamming Prevention and Consumer
Protection Act of 1997''.
TITLE I--IMPROVED COMMUNICATIONS ACT REMEDIES FOR SLAMMING
SEC. 101. COMPLETION AND ENFORCEMENT OF FCC RULES.
Section 258 of the Communications Act of 1984 (47 U.S.C. 258) is
amended by adding at the end the following:
``(c) Subscriber Changes.--The Commission's regulations under this
section shall require any carrier that submits or executes a change in
a subscriber's selection of a provider of telephone exchange service or
telephone toll service in violation of the verification procedures
prescribed by the Commission shall refund to the subscriber (or
discharge the subscriber from liability for) any charges imposed for
such service by such carrier during the 3-month period after the change
in the subscriber's selection is effected.
``(d) Negative Option Selection Prohibited.--The Commission's
regulations under this section shall prohibit any change in selection,
or any verification of a change in selection, without the affirmative
request of the subscriber. A subscriber's failure to refuse a change in
selection, or failure to refuse to verify a change in selection, shall
not be deemed to be an affirmative request.
``(e) Completion of Rulemaking.--The Commission shall complete all
actions necessary, including any reconsideration, to prescribe rules to
implement and enforce this section within two years after the date of
enactment of the Telecommunications Act of 1996.
``(f) Private Right of Action.--
``(1) In general.--A subscriber whose selection of a
provider of telephone exchange service or telephone toll
service is changed in violation of the procedures prescribed
under subsection (a) may, within one year after the change, if
otherwise permitted by the laws or rules of court of a State,
bring in an appropriate court of that State an action--
``(A) for an order to revoke the change;
``(B) for an award of damages in an amount equal to
the greater of--
``(i) the actual monetary loss resulting
from the change; or
``(ii) an amount not to exceed $500; or
``(C) for relief under both subparagraphs (A) and
(B).
In any such action in which the plaintiff substantially
prevails the court may assess reasonable costs, including
attorneys' fees, against the defendant.
``(2) Increased award.--If the court finds that the
defendant executed the change in willful and knowing violation
of the procedures prescribed under subsection (a), the court
may, in its discretion, increase the amount of the award under
paragraph (1) to an amount equal to not more than three times
the maximum amount awardable under subparagraph (B) of that
paragraph.
``(g) No Preemption of State Law.--Nothing in this section shall
preempt the availability of relief under State law for unauthorized
changes of providers of intrastate telephone exchange service or
telephone toll service.''.
TITLE II--REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
CONNECTION WITH SLAMMING
SEC. 201. FEDERAL TRADE COMMISSION REGULATIONS.
(a) In General.--
(1) Regulations required.--The Commission shall prescribe
rules in accordance with this subsection to prohibit unfair and
deceptive acts and practices in any advertisement for or
solicitation of any change in a subscriber's selection of a
provider of telephone exchange service or telephone toll
service. Such rules shall require that the person offering or
soliciting any change in the subscriber's selection of the
provider of a telephone exchange service or telephone toll
service--
(A) clearly and conspicuously disclose--
(i) that the offer or solicitation seeks
authority to change the subscriber's selection
of the provider of a telephone exchange service
or telephone toll service; and
(ii) the cost of the use of telephone
exchange service or telephone toll service,
including the total cost or the cost per minute
and any other fees for that service, including
any cost imposed for changing the subscriber's
selection of service providers;
(B) not submit or execute a change in a
subscriber's selection of the provider of any telephone
exchange service or telephone toll service in violation
of the verification procedures prescribed by the
Federal Communications Commission pursuant to section
258 of the Communications Act of 1934;
(C) in the case of an advertisement or solicitation
which offers a prize or award or a service or product
at no cost or for a reduced cost, clearly and
conspicuously disclose the odds of being able to
receive such prize, award, service, or product at no
cost or reduced cost, or, if such odds are not
calculable in advance, disclose the factors determining
such odds; and
(D) comply with such additional standards as the
Commission may prescribe to prevent unfair or abusive
practices.
(2) Access to information.--The Commission shall by rule
require a common carrier that uses any person other than an
employee of such carrier to solicit changes in the provider of
any telephone exchange service or telephone toll service to
make available to the Commission any contracts, records, and
financial information maintained by such carrier relating to
the use of such person to make such solicitations.
(3) Evasions.--The rules issued by the Commission under
this section shall include provisions to prohibit unfair or
deceptive acts or practices that evade such rules or undermine
the rights provided to telephone exchange service or telephone
toll service subscribers under this title.
(4) Treatment of rules.--A rule issued under this
subsection shall be treated as a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(b) Rulemaking.--The Commission shall prescribe the rules under
subsection (a) within 270 days after the date of enactment of this Act.
Such rules shall be prescribed in accordance with section 553 of title
5, United States Code.
(c) Enforcement.--Any violation of any rule prescribed under
subsection (a) shall be treated as a violation of a rule respecting
unfair or deceptive acts or practices under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of
such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be
subject to the jurisdiction of the Commission for purposes of this
title.
SEC. 202. ACTIONS BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in a pattern or practice which
violates any rule of the Commission under section 201(a), the State may
bring a civil action on behalf of its residents in an appropriate
district court of the United States to enjoin such pattern or practice,
to enforce compliance with such rule of the Commission, to obtain
damages on behalf of their residents, or to obtain such further and
other relief as the court may deem appropriate.
(b) Notice.--The State shall serve prior written notice of any
civil action under subsection (a) upon the Commission and provide the
Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State shall
serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so intervening, to
be heard on all matters arising therein, and (3) to file petitions for
appeal.
(c) Venue.--Any civil action brought under this section in a
district court of the United States may be brought in the district
wherein the defendant is found or is an inhabitant or transacts
business or wherein the violation occurred or is occurring, and process
in such cases may be served in any district in which the defendant is
an inhabitant or wherever the defendant may be found.
(d) Investigatory Powers.--For purposes of bringing any civil
action under this section, nothing in this Act shall prevent the
attorney general 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) Effect on State Court Proceedings.--Nothing contained in this
section shall prohibit an authorized State official from proceeding in
State court on the basis of an alleged violation of any general civil
or criminal antifraud statute of such State.
(f) Limitation.--Whenever the Commission has instituted a civil
action for violation of any rule or regulation under this Act, no State
may, during the pendency of such action instituted by the Commission,
subsequently institute a civil action against any defendant named in
the Commission's complaint for violation of any rule as alleged in the
Commission's complaint.
(g) Actions by Other State Officials.--
(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any general civil or criminal
statute of such State.
(2) In addition to actions brought by an attorney general
of a State under subsection (a), such an action may be brought
by officers of such State who are authorized by the State to
bring actions in such State for protection of consumers and who
are designated by the Commission to bring an action under
subsection (a) against persons that the Commission has
determined have or are engaged in a pattern or practice which
violates a rule of the Commission under section 201(a).
SEC. 203. ADMINISTRATION AND APPLICABILITY OF TITLE.
(a) In General.--Except as otherwise provided in section 202, this
title shall be enforced by the Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which
is outside the jurisdiction of that Act shall be affected by this Act,
except for purposes of this title.
(b) Actions by the Commission.--The Commission shall prevent any
person from violating a rule of the Commission under section 201 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this title. Any person who violates such rule shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this title.
SEC. 204. DEFINITIONS.
For purposes of this title:
(1) The terms ``telephone exchange service'' and
``telephone toll service'' have the meaning provided in section
3 of the Communications Act of 1934.
(2) The term ``attorney general'' means the chief legal
officer of a State.
(3) The term ``State'' means any State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, and any territory or possession of the United
States.
(4) The term ``Commission'' means the Federal Trade
Commission. | TABLE OF CONTENTS:
Title I: Improved Communications Act Remedies for Slamming
Title II: Regulation of Unfair and Deceptive Acts and
Practices in Connection with Slamming
Slamming Prevention and Consumer Protection Act of 1997 -
Title I: Improved Communications Act Remedies for Slamming
- Amends the Communications Act of 1934 to require any telephone exchange carrier that submits or executes a change in a subscriber's selection of a provider of telephone exchange or toll service in violation of subscriber verification requirements prescribed by the Federal Communications Commission (FCC) to refund to such subscriber any charges imposed for such service during the three-month period after such change is effected. Prohibits any change in selection, or verification of such a change, without the affirmative request of the subscriber. Requires the FCC to complete rulemaking for enforcement of such verification requirements within two years after the enactment of the Telecommunications Act of 1996.
Provides a private right of action for any subscriber whose service is changed in violation of such requirements. Authorizes the appropriate State court to increase damage awards by up to three times the maximum allowable award for willful and knowing violations.
Title II: Regulation of Unfair and Deceptive Acts and Practices in Connection With Slamming
- Directs the Federal Trade Commission (FTC) to prescribe rules to prohibit unfair and deceptive acts and practices in any advertisement for or solicitation of any change in a subscriber's selection of a service provider. Requires a carrier to clearly and conspicuously disclose that the offer seeks to change the subscriber's service provider, as well as the total cost for such new service.
Permits States to bring civil actions on behalf of residents to enjoin unlawful exchange practices, to enforce carrier compliance with FTC rules, or to obtain damages or other appropriate relief. | {"src": "billsum_train", "title": "Slamming Prevention and Consumer Protection Act of 1997"} | 2,560 | 422 | 0.671557 | 2.08178 | 0.863508 | 3.59824 | 6.824047 | 0.894428 |
SECTION 1. FINDINGS.
Congress finds that--
(1) Ukraine allows its citizens the right and opportunity
to emigrate, free of anything more than a nominal tax on
emigration or on the visas or other documents required for
emigration and free of any tax, levy, fine, fee, or other
charge on any citizens as a consequence of the desire of such
citizens to emigrate to the country of their choice;
(2) Ukraine has been found to be in full compliance with
the freedom of emigration requirements under title IV of the
Trade Act of 1974 since 1997;
(3) since reestablishing independence in 1991, Ukraine has
taken important steps toward the creation of democratic
institutions and a free-market economy and, as a participating
state of the Organization for Security and Cooperation in
Europe (OSCE), is committed to developing a system of
governance in accordance with the principles regarding human
rights and humanitarian affairs that are set forth in the Final
Act of the Conference on Security and Cooperation in Europe
(also known as the ``Helsinki Final Act'') and successive
documents;
(4) the people of Ukraine deserve praise for demonstrating
a deep commitment to democracy and through peaceful civil
action demanding a process that achieved a fair election in
Ukraine's most recent Presidential runoff;
(5) Ukraine has made progress toward meeting international
commitments and standards in the most recent Presidential
runoff elections, including in the implementation of Ukraine's
new elections laws;
(6) as a participating state of the Organization for
Security and Co-operation in Europe (OSCE), Ukraine is
committed to addressing issues relating to its national and
religious minorities and to adopting measures to ensure that
persons belonging to national minorities have full equality
both individually and communally;
(7) Ukraine has enacted legislation providing protection
against incitement to violence against persons or groups based
on national, racial, ethnic, or religious discrimination,
including anti-Semitism, and has committed itself, including
through a letter to the President of the United States, to
ensuring freedom of religion and combating racial and ethnic
intolerance and hatred;
(8) Ukraine has engaged in efforts to combat ethnic and
religious intolerance by cooperating with various United States
nongovernmental organizations;
(9) Ukraine is continuing the restitution of religious
properties, including religious and communal properties
confiscated from national and religious minorities during the
Soviet era, is facilitating the revival of those minority
groups, and remains committed to developing a legislative
framework for completing this process, as promised in a letter
to the President of the United States;
(10) Ukraine has received normal trade relations treatment
since concluding a bilateral trade agreement with the United
States that entered into force on June 23, 1992;
(11) Ukraine's accession to the World Trade Organization
would be a welcome step, recognizing that many issues remain to
be resolved, including commitments relating to access of United
States agricultural products, protection of intellectual
property rights, tariff and excise tax reductions for goods
(including automobiles), trade in services, elimination of
export incentives for industrial goods, and reform of customs
procedures and other non-tariff barriers;
(12) Ukraine has enacted protections reflecting
internationally recognized labor rights;
(13) as a participating state of the OSCE, Ukraine has
committed itself to respecting freedom of the press, and the
new administration has affirmed this commitment;
(14) Ukraine has stated its desire to pursue a course of
Euro-Atlantic integration with a commitment to ensuring
democracy and prosperity for its citizens; and
(15) Ukraine has participated with the United States in its
peacekeeping operations in Europe and has provided important
cooperation in the global struggle against international
terrorism.
SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF 1974
TO UKRAINE.
(a) Presidential Determinations and Extension of Unconditional and
Permanent Nondiscriminatory Treatment.--Notwithstanding any provision
of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
President may--
(1) determine that such title should no longer apply to
Ukraine; and
(2) after making a determination under paragraph (1) with
respect to Ukraine, proclaim the extension of unconditional and
permanent nondiscriminatory treatment (permanent normal trade
relations treatment) to the products of that country.
(b) Termination of Application of Title IV.--On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of Ukraine, chapter 1 of
title IV of the Trade Act of 1974 shall cease to apply to that country.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the United States remain fully
committed to a multifaceted engagement with Ukraine, including by--
(1) encouraging Ukraine to continue to meet its commitments
as a participating member of the OSCE and welcoming further
progress on implementing policy--
(A) of providing for the free emigration of its
citizens;
(B) of safeguarding religious liberty throughout
Ukraine;
(C) of enforcing existing Ukrainian laws at the
national and local levels to combat ethnic, religious,
and racial discrimination and violence;
(D) of expanding the restitution of religious and
communal properties, including establishing a legal
framework for the completion of such restitution in the
future;
(E) of meeting international standards of
democracy, including implementation of newly adopted
election laws;
(F) of creating a more independent legal and
judicial system, governed by the rule of law, and free
of political interference and corruption; and
(G) of respecting media freedoms fully, including
by prohibiting physical harm to and intimidation of
journalists;
(2) supporting Ukraine's efforts to make further market-
oriented reforms, to pursue a policy of Euro-Atlantic
integration, to join the WTO, and to combat corruption;
(3) supporting Ukraine's efforts to make substantial and
meaningful progress in enacting and enforcing the protection of
intellectual property rights; and
(4) working with Ukraine to ensure quick resolution of
trade disputes that may arise, particularly in the intellectual
property, poultry, and other agricultural sectors.
SEC. 4. CONTINUED ENJOYMENT OF RIGHTS UNDER THE JUNE 23, 1992,
BILATERAL TRADE AGREEMENT.
(a) Finding.--Congress finds that the trade agreement between the
United States and Ukraine that entered into force on June 23, 1992,
remains in force between the 2 countries and provides the United States
with important rights, including the right to use specific safeguard
rules to respond to import surges from Ukraine.
(b) Applicability of Safeguard.--Section 421 of the Trade Act of
1974 (19 U.S.C. 2451) shall apply to Ukraine to the same extent as such
section applies to the People's Republic of China, so long as the trade
agreement described in subsection (a) remains in force.
SEC. 5. EXERCISE OF CONGRESSIONAL OVERSIGHT OVER WTO ACCESSION
NEGOTIATIONS.
(a) Notice of Agreement on Accession to WTO by Ukraine.--Not later
than 5 days after the date on which the United States has entered into
a bilateral agreement with Ukraine on the terms of accession by Ukraine
to the World Trade Organization, the President shall so notify
Congress, and the President shall transmit to Congress, not later than
15 days after that agreement is entered into, a report that sets forth
the provisions of that agreement.
(b) Congressional Oversight Resolution.--
(1) Introduction.--If a Congressional Oversight Resolution
is introduced in the House of Representatives or the Senate
during the 30-day period (not counting any day which is
excluded under section 154(b) of the Trade Act of 1974 (19
U.S.C. 2194(b)), beginning on the date on which the President
first notifies Congress under subsection (a) of the agreement
referred to in that subsection, that Congressional Oversight
Resolution shall be considered in accordance with this
subsection.
(2) Congressional oversight resolution.--In this
subsection, the term ``Congressional Oversight Resolution''
means only a joint resolution of the two Houses of Congress,
the matter after the resolving clause of which is as follows:
``That it is the sense of the Congress that the agreement
between the United States and Ukraine on the terms of accession
by Ukraine to the World Trade Organization, of which Congress
was notified on ________, does not adequately advance the
interests of the United States.'', with the blank space being
filled with the appropriate date.
(3) Procedures for considering resolutions.--
(A) Introduction and referral.--A Congressional
Oversight Resolution--
(i) in the House of Representatives--
(I) may be introduced by any Member
of the House;
(II) shall be referred to the
Committee on Ways and Means and, in
addition, to the Committee on Rules;
and
(III) may not be amended by either
Committee; and
(ii) in the Senate--
(I) may be introduced by any Member
of the Senate;
(II) shall be referred to the
Committee on Finance; and
(III) may not be amended.
(B) Committee discharge and floor consideration.--
The provisions of subsections (c) through (f) of
section 152 of the Trade Act of 1974 (19 U.S.C. 2192
(c) through (f)) (relating to committee discharge and
floor consideration of certain resolutions in the House
and Senate) apply to a Congressional Oversight
Resolution to the same extent as such subsections apply
to resolutions under such section.
(c) Rules of House of Representatives and Senate.--Subsection (b)
is enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and the
procedures described in such subsection supersede other rules
only to the extent that they are inconsistent with such other
rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House. | Authorizes the President to extend unconditional and permanent nondiscriminatory (permanent normal trade relations) treatment to the products of the Ukraine.
Expresses the sense of Congress regarding full commitment of the United States to a multifaceted engagement with Ukraine.
Applies to Ukraine to the same extent as to the People's Republic of China, so long as the 1992 trade agreement between the United States and Ukraine remains in force, the requirement of the Trade Act of 1974 that the President proclaim increased duties or other import restrictions with respect to any product of Ukraine being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to U.S. producers of a like or directly competitive product.
Sets forth procedures with respect to: (1) notification by the President to Congress regarding U.S. entry into a bilateral agreement with Ukraine on the terms of accession by Ukraine to the World Trade Organization; (2) a congressional oversight resolution regarding such agreement; and (3) procedures for consideration of the resolution. | {"src": "billsum_train", "title": "A bill to authorize the extension of unconditional and permanent nondiscriminatory treatment (permanent normal trade relations treatment) to the products of Ukraine, and for other purposes."} | 2,240 | 214 | 0.432738 | 1.315105 | 0.644766 | 3.685279 | 10.629442 | 0.873096 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Better Health Centers Act
of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Many health care experts believe that lack of access to
basic health services is our Nation's single most pressing
health care problem. Nearly 50,000,000 Americans do not have
access to a primary care provider, whether they are insured or
not. In addition, 43,000,000 Americans lack health insurance
and have difficulty accessing care due to the inability to pay
for such care.
(2) Health centers, including community health centers,
migrant health centers, health centers for the homeless, and
public housing health centers, address the health care access
problem by providing primary care services in thousands of
rural and urban medically-underserved communities throughout
the United States.
(3) Health centers provide basic health care services to
nearly 14,000,000 Americans each year, including nearly
9,000,000 minorities, 850,000 farmworkers, and 750,000 homeless
individuals.
(4) Studies show that health centers provide high-quality
and cost-effective health care. The average yearly cost for a
health center patient is approximately $1.25 per day.
(5) One of the most effective ways to address America's
health care access problem is by dramatically expanding access
to health centers, as both the Senate and the President have
proposed.
(6) Many existing health centers operate in facilities that
desperately need renovation or modernization. Thirty percent of
health centers are located in buildings that are more than 30
years old, with 12 percent of such centers operating out of
facilities that are more than 50 years old. In a recent survey
of health centers in 11 States, 2/3 of those centers identified
a need to improve, expand, or replace their current facility.
An extrapolation based on this survey indicates there may be as
much as $1,200,000,000 in unmet capital needs in our Nation's
health centers.
(7) Dramatically increasing access to health centers
requires building new facilities in communities that have
access problems and lack a health center.
(8) Health centers often do not have the means to pay for
capital improvements or new facilities. While most health
centers raise some funds through private donations, it is
difficult to raise sufficient amounts for capital needs without
a middle- and upper-class donor base similar to other nonprofit
organizations like universities and hospitals.
(9) Health centers have a limited ability to support loan
payments. Due to an increasing number of uninsured patients and
the fact that many health care reimbursements are less than the
cost of care, health centers rarely have more than minimal
positive operating margins. Yet lenders are rarely willing to
take risks on nonprofit organizations without these positive
margins.
(10) While the Federal Government currently provides grants
to health centers to assist with operational expenses used to
provide care to a medically-underserved population, there is no
authority to provide grants to assist health centers to meet
capital needs, such as construction of new facilities or
modernization, expansion, or replacement of existing buildings.
(11) To assist health centers with their mission of
providing health care to the medically underserved, the Federal
Government should supplement local efforts to meet the capital
needs of health centers.
SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Health Care Facility Grants and Loan Guarantees.--Subpart I of
part D of title III of the Public Health Service Act (42 U.S.C. 254b et
seq.) is amended by adding at the end the following:
``SEC. 330L. HEALTH CARE FACILITY GRANTS AND LOAN GUARANTEES.
``(a) Eligible Health Center Defined.--In this section, the term
`eligible health center' means a health center that receives--
``(1) a grant, on or after the date of enactment of this
section, under subsection (c)(1)(A), (e)(1)(A), (f), (g), (h),
or (i) of section 330; or
``(2) a subgrant, on or after the date of enactment of this
section, from a grant awarded under such provision of law.
``(b) Grant Program Authorized.--
``(1) In general.--The Secretary may award grants to
eligible health centers to pay for the costs described in
paragraph (2).
``(2) Use of funds.--An eligible health center that
receives a grant under paragraph (1) may use the grant funds
to--
``(A) modernize, expand, and replace existing
facilities at such center;
``(B) construct new facilities at such center; and
``(C) acquire and lease facilities and equipment
(including paying the costs of amortizing the principal
of, and paying the interest on, loans for such
facilities and equipment) to support or further the
operation of such center.
``(3) Limitation.--
``(A) In general.--Subject to subparagraph (B), the
Federal share of a grant awarded under paragraph (1) to
expand an existing, or construct a new, facility shall
not exceed 90 percent of the total cost of the project
(including interest payments) proposed by the eligible
health center.
``(B) Exception.--The Federal share maximum under
subparagraph (A) shall not apply if--
``(i) the total cost of the project
proposed by the eligible health center is less
than $750,000; or
``(ii) the Secretary waives such maximum
upon a showing of good cause.
``(b) Facility Loan Guarantees.--
``(1) In general.--
``(A) In general.--The Secretary shall establish a
program under which the Secretary may guarantee not
less than 90 percent of the principal and interest on
the total amount of loans made to an eligible health
center by non-Federal lenders in order to pay for the
costs associated with a capital needs project described
in subparagraph (B).
``(B) Projects.--Capital needs projects under this
subsection include--
``(i)(I) acquiring, leasing, modernizing,
expanding, or replacing existing facilities;
``(II) constructing new facilities; or
``(III) purchasing or leasing equipment; or
``(ii) the costs of refinancing loans made
for any of the projects described in clause
(i).
``(C) Not a federal subsidy.--Any loan guarantee
issued pursuant to this subsection shall not be deemed
a Federal subsidy for any other purpose.
``(2) Authority for loan guarantee program.--With respect
to the program established under paragraph (1), the Secretary
shall assume such authority--
``(A) as the Secretary has under paragraphs (2) and
(4) of section 330; and
``(B) under section 1620 as the Secretary
determines is necessary and appropriate.
``(3) Definitions.--In this subsection:
``(A) Facilities.--The term `facilities' means a
building or buildings used by a health center, in whole
or in part, to provide services permitted under section
330 and for such other purposes as are not specifically
prohibited under such section as long as such use
furthers the objectives of the health center.
``(B) Non-federal lender.--The term `non-Federal
lender' means any entity other than an agency or
instrumentality of the Federal Government authorized by
law to make loans, including a federally-insured bank,
a lending institution authorized or licensed to make
loans by the State in which it is located, and a State
or municipal bonding authority or such authority's
designee.
``(c) Evaluation.--Not later than 3 years after the date of
enactment of this section, the Secretary shall prepare a report
containing an evaluation of the programs authorized under this section.
Such report shall include recommendations on how this section can be
improved to better help health centers meet such centers' capital needs
in order to expand access to health care in the United States.
``(d) Authorization.--For the purpose of carrying out this section,
the Secretary shall use no more than 5 percent of any funds
appropriated pursuant to section 330(s) (the subsection relating to
authorization of appropriations). In addition, funds appropriated for
fiscal years 1997 and 1998 under the Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Acts
of 1997 and 1998, which were made available for loan guarantees for
loans made by non-Federal lenders for construction, renovation, and
modernization of medical facilities that are owned and operated by
health centers and which have not been expended, shall be made
available for loan guarantees under this section.''.
(b) Authorization of Appropriations.--Section 330(s) of the Public
Health Service Act (the subsection relating to authorization of
appropriations) is amended by striking ``this section'' and inserting
``this section and section 330L''. | Building Better Health Centers Act of 2003 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to provide loan guarantees or make grants to eligible health centers for expansion, new construction, or equipment purchase or lease.Makes certain unexpended funds appropriated for FY's 1997 and 1998 under the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts of 1997 and 1998, which were made available for loan guarantees for loans made by non-Federal lenders for building costs associated with medical facilities owned and operated by health centers, available for loan guarantees under this Act. | {"src": "billsum_train", "title": "A bill to amend part D of title III of the Public Health Service Act to authorize grants and loan guarantees for health centers to enable the centers to fund capital needs projects, and for other purposes."} | 1,980 | 138 | 0.464194 | 1.364922 | 0.603671 | 5.694915 | 15.677966 | 0.949153 |
PROCEDURES.
(a) In General.--Section 7123 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(c) Availability of Dispute Resolutions.--
``(1) In general.--The procedures prescribed under
subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide that a taxpayer may request
mediation or arbitration in any case unless the Secretary has
specifically excluded the type of issue involved in such case
or the class of cases to which such case belongs as not
appropriate for resolution under such subsection. The Secretary
shall make any determination that excludes a type of issue or a
class of cases public within 5 working days and provide an
explanation for each determination.
``(2) Independent mediators.--
``(A) In general.--The procedures prescribed under
subsection (b)(1) shall provide the taxpayer an
opportunity to elect to have the mediation conducted by
an independent, neutral individual not employed by the
Internal Revenue Service Office of Appeals.
``(B) Cost and selection.--
``(i) In general.--Any taxpayer making an
election under subparagraph (A) shall be
required--
``(I) to share the costs of such
independent mediator equally with the
Internal Revenue Service Office of
Appeals, and
``(II) to limit the selection of
the mediator to a roster of recognized
national or local neutral mediators.
``(ii) Exception.--Clause (i)(I) shall not
apply to any taxpayer who is an individual or
who was a small business in the preceding
calendar year if such taxpayer had an adjusted
gross income that did not exceed 250 percent of
the poverty level, as determined in accordance
with criteria established by the Director of
the Office of Management and Budget, in the
taxable year preceding the request.
``(iii) Small business.--For purposes of
clause (ii), the term `small business' has the
meaning given such term under section
41(b)(3)(D)(iii).
``(3) Availability of process.--The procedures prescribed
under subsection (b)(1) and the pilot program established under
subsection (b)(2) shall provide the opportunity to elect
mediation or arbitration at the time when the case is first
filed with the Office of Appeals and at any time before
deliberations in the appeal commence.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 9. EXTENSION OF TIME FOR CONTESTING IRS LEVY.
(a) Extension of Time for Return of Property Subject to Levy.--
Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is
amended by striking ``9 months'' and inserting ``3 years''.
(b) Period of Limitation on Suits.--Subsection (c) of section 6532
of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (1) by striking ``9 months'' and inserting
``3 years'', and
(2) in paragraph (2) by striking ``9-month'' and inserting
``3-year''.
(c) Effective Date.--The amendments made by this section shall
apply to--
(1) levies made after the date of the enactment of this
Act, and
(2) levies made on or before such date if the 9-month
period under section 6343(b) of the Internal Revenue Code of
1986 (without regard to this section) has not expired as of
such date.
SEC. 10. WAIVER OF INSTALLMENT AGREEMENT FEE.
(a) In General.--Section 6159 of the Internal Revenue Code of 1986
is amended by redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new subsection:
``(f) Waiver of Installment Agreement Fee.--The Secretary shall
waive the fees imposed on installment agreements under this section for
any taxpayer with an adjusted gross income that does not exceed 250
percent of the poverty level, as determined in accordance with criteria
established by the Director of the Office of Management and Budget, and
who has agreed to make payments under the installment agreement by
electronic payment through a debit instrument.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 11. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF SPOUSAL
RELIEF AND COLLECTION CASES.
(a) Petitions for Spousal Relief.--
(1) In general.--Subsection (e) of section 6015 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Suspension of running of period for filing petition
in title 11 cases.--In the case of a person who is prohibited
by reason of a case under title 11, United States Code, from
filing a petition under paragraph (1)(A) with respect to a
final determination of relief under this section, the running
of the period prescribed by such paragraph for filing such a
petition with respect to such final determination shall be
suspended for the period during which the person is so
prohibited from filing such a petition, and for 60 days
thereafter.''.
(2) Effective date.--The amendment made by this subsection
shall apply to petitions filed under section 6015(e) of the
Internal Revenue Code of 1986 after the date of the enactment
of this Act.
(b) Collection Proceedings.--
(1) In general.--Subsection (d) of section 6330 of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``appeal such determination to the
Tax Court'' in paragraph (1) and inserting ``petition
the Tax Court for review of such determination'',
(B) by striking ``Judicial review of
determination'' in the heading of paragraph (1) and
inserting ``Petition for review by tax court'',
(C) by redesignating paragraph (2) as paragraph
(3), and
(D) by inserting after paragraph (1) the following
new paragraph:
``(2) Suspension of running of period for filing petition
in title 11 cases.--In the case of a person who is prohibited
by reason of a case under title 11, United States Code, from
filing a petition under paragraph (1) with respect to a
determination under this section, the running of the period
prescribed by such subsection for filing such a petition with
respect to such determination shall be suspended for the period
during which the person is so prohibited from filing such a
petition, and for 30 days thereafter.''.
(2) Conforming amendment.--Subsection (c) of section 6320
of such Code is amended by striking ``(2)(B)'' and inserting
``(3)(B)''.
(3) Effective date.--The amendments made by this subsection
shall apply to petitions filed under section 6330 of the
Internal Revenue Code of 1986 after the date of the enactment
of this Act.
SEC. 12. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES.
(a) In General.--Paragraph (1) of section 7482(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``or'' at the end of subparagraph (E),
(2) by striking the period at the end of subparagraph
(F)(ii) and inserting a comma, and
(3) by inserting after subparagraph (F) the following new
subparagraphs:
``(G) in the case of a petition under section
6015(e), the legal residence of the petitioner, or
``(H) in the case of a petition under section 6320
or 6330--
``(i) the legal residence of the petitioner
if the petitioner is an individual, and
``(ii) the principal place of business or
principal office or agency if the petitioner is
an entity other than an individual.''.
(b) Effective Date.--The amendments made by this section shall
apply to petitions filed after the date of enactment of this Act.
SEC. 13. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED
DISCLOSURES OF INFORMATION.
(a) In General.--Paragraphs (1), (2), (3), and (4) of section
7213(a) of the Internal Revenue Code of 1986 are each amended by
striking ``$5,000'' and inserting ``$10,000''.
(b) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act.
SEC. 14. DE NOVO TAX COURT REVIEW OF CLAIMS FOR EQUITABLE INNOCENT
SPOUSE RELIEF.
(a) In General.--Subparagraph (A) of section 6015(e)(1) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new flush sentence:
``Any review of a determination by the Secretary with
respect to a claim for equitable relief under
subsection (f) shall be reviewed de novo by the Tax
Court.''.
(b) Effective Date.--The amendment made by this section shall apply
to petitions filed or pending before the Tax Court on and after the
date of the enactment of this Act.
SEC. 15. BAN ON RAISING NEW ISSUES ON APPEAL.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES
IN AN INTERNAL APPEAL.
``(a) In General.--In reviewing an appeal of any determination
initially made by the Internal Revenue Service, the Internal Revenue
Service Office of Appeals may not consider or decide any issue that is
not within the scope of the initial determination.
``(b) Certain Issues Deemed Outside of Scope of Determination.--For
purposes of subsection (a), the following matters shall be considered
to be not within the scope of a determination:
``(1) Any issue that was not raised in a notice of
deficiency or an examiner's report which is the subject of the
appeal.
``(2) Any deficiency in tax which was not included in the
initial determination.
``(3) Any theory or justification for a tax deficiency
which was not considered in the initial determination.
``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in
addition to any limitations in effect on the date of the enactment of
this section on the right of a taxpayer to raise an issue, theory, or
justification on an appeal from a determination initially made by the
Internal Revenue Service that was not within the scope of the initial
determination.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Prohibition on Internal Revenue Service raising new issues
in an internal appeal.''.
(c) Effective Date.--The amendments made by this section shall
apply to matters filed or pending with the Internal Revenue Service
Office of Appeals on or after the date of the enactment of this Act.
SEC. 16. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL
RESIDENCES.
(a) In General.--Section 7403(a) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``In any case'' and inserting the
following:
``(1) In general.--In any case'', and
(2) by adding at the end the following new paragraph:
``(2) Limitation with respect to principal residence.--
``(A) In general.--Paragraph (1) shall not apply to
any property used as the principal residence of the
taxpayer (within the meaning of section 121) unless the
Secretary of the Treasury makes a written determination
that--
``(i) all other property of the taxpayer,
if sold, is insufficient to pay the tax or
discharge the liability, and
``(ii) such action will not create an
economic hardship for the taxpayer.
``(B) Delegation.--For purposes of this paragraph,
the Secretary of the Treasury may not delegate any
responsibilities under subparagraph (A) to any person
other than--
``(i) the Commissioner of Internal Revenue,
or
``(ii) a district director or assistant
district director of the Internal Revenue
Service.''.
(b) Effective Date.--The amendments made by this section shall
apply to actions filed after the date of the enactment of this Act.
SEC. 17. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR
MISCONDUCT.
(a) Termination of Unemployment for Inappropriate Review of Tax-
Exempt Status.--Section 1203(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by striking ``and'' at the end of paragraph (9), by striking the period
at the end of paragraph (10) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(11) in the case of any review of an application for tax-
exempt status by an organization described in section 501(c) of
the Internal Revenue Code of 1986, developing or using any
methodology that applies disproportionate scrutiny to any
applicant based on the ideology expressed in the name or
purpose of the organization.''.
(b) Mandatory Unpaid Administrative Leave for Misconduct.--
Paragraph (1) of Section 1203(c) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by adding at the end the following new sentence: ``Notwithstanding the
preceding sentence, if the Commissioner of Internal Revenue takes a
personnel action other than termination for an act or omission
described in subsection (b), the Commissioner shall place the employee
on unpaid administrative leave for a period of not less than 30
days.''.
(c) Limitation on Alternative Punishment.--Paragraph (1) of section
1203(c) of the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner''
and inserting ``Except in the case of an act or omission described in
subsection (b)(3)(A), the Commissioner''.
SEC. 18. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE
ORGANIZATIONS.
(a) In General.--Section 7428(a)(1) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (C) and
by adding at the end the following new subparagraph:
``(E) with respect to the initial classification or
continuing classification of an organization described
in section 501(c)(4) which is exempt from tax under
section 501(a), or''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to pleading filed after the date of the enactment of
this Act.
SEC. 19. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX
ADMINISTRATION.
(a) Review.--Subsection (k)(1) of section 8D of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) shall--
``(i) review any criteria employed by the
Internal Revenue Service to select tax returns
(including applications for recognition of tax-
exempt status) for examination or audit,
assessment or collection of deficiencies,
criminal investigation or referral, refunds for
amounts paid, or any heightened scrutiny or
review in order to determine whether the
criteria discriminates against taxpayers on the
basis of race, religion, or political ideology;
and
``(ii) consult with the Internal Revenue
Service on recommended amendments to such
criteria in order to eliminate any
discrimination identified pursuant to the
review described in clause (i); and''; and
(4) in subparagraph (E), as so redesignated, by striking
``and (C)'' and inserting ``(C), and (D)''.
(b) Semiannual Report.--Subsection (g) of such section is amended
by adding at the end the following new paragraph:
``(3) Any semiannual report made by the Treasury Inspector
General for Tax Administration that is required pursuant to
section 5(a) shall include--
``(A) a statement affirming that the Treasury
Inspector General for Tax Administration has reviewed
the criteria described in subsection (k)(1)(D) and
consulted with the Internal Revenue Service regarding
such criteria; and
``(B) a description and explanation of any such
criteria that was identified as discriminatory by the
Treasury Inspector General for Tax Administration.''. | Small Business Taxpayer Bill of Rights Act of 2015 Amends the Internal Revenue Code to: (1) allow businesses with average annual gross receipts of not more than $50 million that prevail in an administrative or court proceeding involving the determination, collection, or refund of tax, interest, or penalty to recover their costs incurred in such proceedings; (2) increase the amount of civil damages against Internal Revenue Service (IRS) officers or employees for reckless, intentional, or negligent disregard of internal revenue laws and extend from two to five years the period for bringing a claim for damages; (3) increase the penalties against federal officers or employees for unlawful acts in connection with internal revenue laws and for unauthorized disclosures or inspections of tax returns; and (4) allow a taxpayer whose interest abatement claim does not exceed $50,000 to elect to bring a small tax case petition in U.S. Tax Court. Prohibits ex parte communications between officers in the IRS Office of Appeals and other IRS employees with respect to matters pending before such officers and employees. Authorizes new alternative dispute resolution procedures for taxpayer disputes with the IRS. Extends to three years: (1) the period in which taxpayer property that has been wrongfully levied upon may be returned, and (2) the period for bringing suit against the United States for a wrongful tax levy. Authorizes the waiver of the fee for establishing an installment agreement for payment of tax for certain low-income taxpayers who agree to make electronic debit payments. Allows a taxpayer seeking review of a claim for innocent spouse relief or of a collection case in U.S. Tax Court a 60-day suspension of the period for filing a petition for such review when the U.S. Bankruptcy Court has issued an automatic stay in a bankruptcy case involving the taxpayer's claim. Allows de novo review in U.S. Tax Court of any determination by the IRS with respect to a claim for equitable innocent spouse relief. Prohibits the IRS Office of Appeals from considering or deciding any new issue in an internal appeal that is not within the scope of the initial determination made in a taxpayer's case. Prohibits the imposition of a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer. Requires the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization. Authorizes a court to issue a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization. Requires the Inspector General for Tax Administration of the Department of the Treasury to: (1) review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology; and (2) consult with the IRS on recommended amendments to such criteria. | {"src": "billsum_train", "title": "Small Business Taxpayer Bill of Rights Act of 2015"} | 3,933 | 686 | 0.454761 | 1.410541 | 0.607328 | 2.392679 | 5.728785 | 0.821963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Whistleblower Improvement Act of
2011''.
SEC. 2. AMENDMENTS TO THE SECURITIES EXCHANGE ACT OF 1934.
(a) Exclusion of Certain Compliance Officers and Internal Reporting
as a Condition of Award.--Section 21F of the Securities Exchange Act of
1934 (15 U.S.C. 78u-6) is amended--
(1) in subsection (b), by redesignating paragraph (2) as
paragraph (3) and inserting after paragraph (1) the following:
``(2) Internal reporting required.--In the case of a
whistleblower who is an employee providing information relating
to misconduct giving rise to the violation of the securities
laws that was committed by his or her employer or another
employee of the employer, to be eligible for an award under
this section, the whistleblower, or any person obtaining
reportable information from the whistleblower, shall--
``(A) first report the information described in
paragraph (1) to his or her employer before reporting
such information to the Commission; and
``(B) report such information to the Commission not
later than 180 days after reporting the information to
the employer.''; and
(2) in subsection (c)(2)--
(A) in subparagraph (C), by striking ``or'' at the
end; and
(B) by redesignating subparagraph (D) as
subparagraph (F) and inserting after subparagraph (C)
the following:
``(D) to any whistleblower who fails to first
report the information described in subsection (b)(1)
that is the basis for the award to his or her employer
before reporting such information to the Commission, in
the case where the misconduct giving rise to the
violation of the securities laws was committed by such
employer or an employee of the employer, unless the
whistleblower alleges and the Commission determines
that the employer lacks either a policy prohibiting
retaliation for reporting potential misconduct or an
internal reporting system allowing for anonymous
reporting, or the Commission determines in a
preliminary investigation not exceeding 30 days that
internal reporting was not a viable option for the
whistleblower based on--
``(i) evidence that the alleged misconduct
was committed by or involved the complicity of
the highest level of management; or
``(ii) other evidence of bad faith on the
part of the employer;
``(E) to any whistleblower who has legal,
compliance, or similar responsibilities for or on
behalf of an entity and has a fiduciary or contractual
obligation to investigate or respond to internal
reports of misconduct or violations or to cause such
entity to investigate or respond to the misconduct or
violations, if the information learned by the
whistleblower during the course of his or her duties
was communicated to such a person with the reasonable
expectation that such person would take appropriate
steps to so respond; and''.
(b) Elimination of Minimum Award Requirement.--Subsection (b)(1) of
such section is amended--
(1) by striking ``shall'' and inserting ``may''; and
(2) by striking ``in an aggregate amount equal to--'' and
all that follows and inserting ``an amount determined by the
Commission but not more than 30 percent, in total, of what has
been collected of the monetary sanctions imposed in the action
or related actions.''.
(c) Exclusion of Whistleblowers Found Culpable.--Subsection
(c)(2)(B) of such section is amended by inserting ``, is found civilly
liable, or is otherwise determined by the Commission to have committed,
facilitated, participated in, or otherwise been complicit in misconduct
related to such violation'' after ``violation''.
(d) Rule of Construction Relating to Other Workplace Policies.--
Subsection (h)(1) of such section is amended by adding at the end the
following:
``(D) Rule of construction.--Nothing in this
paragraph shall be construed as prohibiting or
restricting any employer from enforcing any established
employment agreements, workplace policies, or codes of
conduct against a whistleblower, and any adverse action
taken against a whistleblower for any violation of such
agreements, policies, or codes shall not constitute
retaliation for purposes of this paragraph, provided
such agreements, policies, or codes are enforced
consistently with respect to other employees who are
not whistleblowers.''.
(e) Notification to Employer.--Paragraph (2) of subsection (h) of
such section is amended--
(1) in the paragraph heading, by striking
``confidentiality'' and inserting ``Notification to employer
and confidentiality'';
(2) by redesignating subparagraph (A) through (D) as
subparagraphs (B) through (E), respectively;
(3) by inserting a new subparagraph (A) as follows:
``(A) Notification of investigation.--
``(i) Notification required.--Prior to
commencing any enforcement action relating in
whole or in part to any information reported to
it by a whistleblower, the Commission shall
notify any entity that is to be subject to such
action of information received by the
Commission from a whistleblower who is an
employee of such entity to enable the entity to
investigate the alleged misconduct and take
remedial action, unless the Commission
determines in the course of a preliminary
investigation of the alleged misconduct, not
exceeding 30 days, that such notification would
jeopardize necessary investigative measures and
impede the gathering of relevant facts, based
on--
``(I) evidence that the alleged
misconduct was committed by or involved
the complicity of the highest level
management of the entity; or
``(II) other evidence of bad faith
on the part of the entity.
``(ii) Good faith.--Where an entity
notified under clause (i) responds in good
faith, which may include conducting an
investigation, reporting results of such an
investigation to the Commission, and taking
appropriate corrective action, the Commission
shall treat the entity as having self-reported
the information and its actions in response to
such notification shall be evaluated in
accordance with the Commission's policy
statement entitled `Report of Investigation
Pursuant to Section 21(a) of the Securities
Exchange Act of 1934 and Statement of the
Relationship of Cooperation to Agency
Enforcement Decisions'.''; and
(4) in the heading of subparagraph (B) (as redesignated by
paragraph (3)), by striking ``in general'' and inserting
``Confidentiality''.
SEC. 3. AMENDMENTS TO THE COMMODITY EXCHANGE ACT.
(a) Exclusion of Certain Compliance Officers and Internal Reporting
as a Condition of Award.--Section 23 of the Commodity Exchange Act (7
U.S.C. 26) is amended--
(1) in subsection (b), by redesignating paragraph (2) as
paragraph (3) and inserting after paragraph (1) the following:
``(2) Internal reporting required.--In the case of a
whistleblower who is an employee providing information relating
to misconduct giving rise to the violation of the securities
laws that was committed by his or her employer or another
employee of the employer, to be eligible for an award under
this section, the whistleblower, or any person obtaining
reportable information from the whistleblower, shall--
``(A) first reported the information described in
paragraph (1) to his or her employer before reporting
such information to the Commission; and
``(B) report such information to the Commission not
later than 180 days after reporting the information to
the employer.''; and
(2) in subsection (c)(2)--
(A) in subparagraph (C), by striking ``or'' at the
end; and
(B) by redesignating subparagraph (D) as
subparagraph (F) and inserting after subparagraph (C)
the following:
``(D) to any whistleblower who fails to first
report the information described in subsection (b)(1)
that is the basis for the award to his or her employer
before reporting such information to the Commission, in
the case where the misconduct giving rise to the
violation of the securities laws was committed by such
employer or an employee of the employer, unless the
whistleblower alleges and the Commission determines
that the employer lacks either a policy prohibiting
retaliation for reporting potential misconduct or an
internal reporting system allowing for anonymous
reporting, or the Commission determines in a
preliminary investigation not exceeding 30 days that
internal reporting was not a viable option for the
whistleblower based on--
``(i) evidence that the alleged misconduct
was committed by or involved the complicity of
the highest level of management; or
``(ii) other evidence of bad faith on the
part of the employer;
``(E) to any whistleblower who has legal,
compliance, or similar responsibilities for or on
behalf of an entity and has a fiduciary or contractual
obligation to investigate or respond to internal
reports of misconduct or violations or to cause such
entity to investigate or respond to the misconduct or
violations, if the information learned by the
whistleblower on the course of his or her duties was
communicated to such a person with the reasonable
expectation that such person would take appropriate
steps to so respond; and''.
(b) Cap on Award in Certain Circumstances and Elimination of
Minimum Award Requirement.--Subsection (b)(1) of such section is
amended--
(1) by striking ``shall'' and inserting ``may''; and
(2) by striking ``in an aggregate amount equal to--'' and
all that follows and inserting ``in an amount determined by the
Commission but not more than 30 percent, in total, of what has
been collected of the monetary sanctions imposed in the action
or related actions.''.
(c) Exclusion of Whistleblowers Found Culpable.--Subsection
(c)(2)(B) of such section is amended by inserting ``, is found civilly
liable, or is otherwise determined by the Commission to have committed,
facilitated, participated in, or been complicit in misconduct related
to such a violation'' after ``violation''.
(d) Rule of Construction Relating to Other Workplace Policies.--
Subsection (h)(1) of such section is amended by adding at the end the
following:
``(D) Rule of construction.--Nothing in this
paragraph shall be construed as prohibiting or
restricting any employer from enforcing any established
employment agreements, workplace policies, or codes of
conduct against a whistleblower, and any adverse action
taken against a whistleblower for any violation of such
agreements, policies, or codes shall not constitute
retaliation for purposes of this paragraph, provided
such agreements, policies, or codes are enforced
consistently with respect to other employees who are
not whistleblowers.''.
(e) Notification to Employer.--Paragraph (2) of subsection (h) of
such section is amended--
(1) in the paragraph heading, by striking
``confidentiality'' and inserting ``Notification to employer
and confidentiality'';
(2) by redesignating subparagraph (A) through (D) as
subparagraphs (B) through (E), respectively;
(3) by inserting a new subparagraph (A) as follows:
``(A) Notification to employer.--
``(i) Notification required.--Prior to
commencing any enforcement action relating in
whole or in part to any information reported to
it by a whistleblower, the Commission shall
promptly notify any entity that is to be
subject to such enforcement of information
received by the Commission from a whistleblower
who is an employee of such entity to enable the
entity to investigate the alleged misconduct
and take remedial action, unless the Commission
determines in the course of a preliminary
investigation not exceeding 30 days of the
alleged misconduct, that such notification
would jeopardize necessary investigative
measures and impede the gathering of relevant
facts, based on--
``(I) evidence that the alleged
misconduct was committed by or involved
the complicity of the highest level
management of the entity; or
``(II) other evidence of bad faith
on the part of the entity.
``(ii) Good faith.--Where an entity
notified under clause (i) responds in good
faith, which may include conducting an
investigation, reporting results of such an
investigation to the Commission, and taking
appropriate corrective action, the Commission
shall treat the entity as having self-reported
the information and its actions in response to
such notification shall be evaluated
accordingly.''; and
(4) in the heading of subparagraph (B) (as redesignated by
paragraph (3)), by striking ``in general'' and inserting
``Confidentiality''.
SEC. 4. STUDY.
The Comptroller General shall conduct a study to determine what
impact, if any, the whistleblower incentives program established under
section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6)
and section 23 of the Commodity Exchange Act (7 U.S.C. 26) has had on
shareholder value. The Comptroller General shall transmit to Congress a
report on the study not later than 18 months after the date of
enactment of this Act. | Whistleblower Improvement Act of 2011 - Amends the Securities Exchange Act of 1934 and the Commodity Exchange Act to require a whistleblower employee, as a prerequisite to eligibility for a whistleblower award, to: (1) first report information relating to misconduct to his or her employer before reporting it to the Securities and Exchange Commission (SEC), and (2) report such information to the SEC within 180 days after reporting it to the employer.
Prohibits a whistleblower award to any whistleblower who fails to report the relevant information to his or her employer first, unless: (1) the employer lacks either a policy prohibiting retaliation for reporting potential misconduct or an internal reporting system allowing for anonymous reporting, or (2) the SEC determines that internal reporting was not a viable option.
Prohibits a whistleblower award to any whistleblower who has legal or compliance responsibilities and a fiduciary or contractual obligation to investigate internal reports of misconduct or violations if the information learned by the whistleblower during the course of his or her duties was communicated with the reasonable expectation that such person would take appropriate steps to respond.
Makes the whistleblower award discretionary instead of mandatory. Repeals the minimum award requirement.
Prohibits an award to a whistleblower found civilly liable or determined by the SEC to have been complicit in misconduct related to the pertinent violation.
Requires the SEC to notify the pertinent entity before commencing any enforcement action relating to information reported by a whistleblower, unless such notification would jeopardize investigative measures and impede the gathering of relevant facts.
Directs the Comptroller General to study what impact, if any, the whistleblower incentives program has had upon shareholder value. | {"src": "billsum_train", "title": "To amend the Securities Exchange Act of 1934 and the Commodity Exchange Act to modify certain provisions relating to whistleblower incentives and protection."} | 2,960 | 392 | 0.645793 | 2.097984 | 0.955133 | 3.519355 | 8.658065 | 0.93871 |
SECTION 1. GRANT OF FEDERAL CHARTER TO MILITARY OFFICERS ASSOCIATION OF
AMERICA.
(a) Grant of Charter.--Part B of subtitle II of title 36, United
States Code, is amended by inserting after chapter 1403 the following
new chapter:
``CHAPTER 1404--MILITARY OFFICERS ASSOCIATION OF AMERICA
``Sec.
``140401. Organization.
``140402. Purposes.
``140403. Membership.
``140404. Governing body.
``140405. Powers.
``140406. Restrictions.
``140407. Tax-exempt status required as condition of charter.
``140408. Records and inspection.
``140409. Service of process.
``140410. Liability for acts of officers and agents.
``140411. Annual report.
``140412. Definition.
``Sec. 140401. Organization
``(a) Federal Charter.--Military Officers Association of America
(in this chapter, the `corporation'), a nonprofit organization that
meets the requirements for a veterans service organization under
section 501(c)(19) of the Internal Revenue Code of 1986 and is
organized under the laws of the Commonwealth of Virginia, is a
federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with the provisions of this chapter, the charter granted by subsection
(a) shall expire.
``Sec. 140402. Purposes
``(a) General.--The purposes of the corporation are as provided in
its bylaws and articles of incorporation and include--
``(1) to inculcate and stimulate love of the United States
and the flag;
``(2) to defend the honor, integrity, and supremacy of the
Constitution of the United States and the United States
Government;
``(3) to advocate military forces adequate to the defense
of the United States;
``(4) to foster the integrity and prestige of the Armed
Forces;
``(5) to foster fraternal relations between all branches of
the various Armed Forces from which members are drawn;
``(6) to further the education of children of members of
the Armed Forces;
``(7) to aid members of the Armed Forces and their family
members and survivors in every proper and legitimate manner;
``(8) to present and support legislative proposals that
provide for the fair and equitable treatment of members of the
Armed Forces, including the National Guard and Reserves,
military retirees, family members, survivors, and veterans; and
``(9) to encourage recruitment and appointment in the Armed
Forces.
``Sec. 140403. Membership
``Eligibility for membership in the corporation, and the rights and
privileges of members of the corporation, are as provided in the bylaws
of the corporation.
``Sec. 140404. Governing body
``(a) Board of Directors.--The composition of the board of
directors of the corporation, and the responsibilities of the board,
are as provided in the articles of incorporation and bylaws of the
corporation.
``(b) Officers.--The positions of officers of the corporation, and
the election of the officers, are as provided in the articles of
incorporation and bylaws.
``Sec. 140405. Powers
``The corporation has only those powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 140406. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member of the corporation during the life of
the charter granted by this chapter. This subsection does not prevent
the payment of reasonable compensation to an officer or employee of the
corporation or reimbursement for actual necessary expenses in amounts
approved by the board of directors.
``(c) Loans.--The corporation may not make a loan to a director,
officer, employee, or member of the corporation.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
``(e) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the Commonwealth of
Virginia.
``Sec. 140407. Tax-exempt status required as condition of charter
``If the corporation fails to maintain its status as an
organization exempt from taxation under the Internal Revenue Code of
1986, the charter granted under this chapter shall terminate.
``Sec. 140408. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of the members, board of
directors, and committees of the corporation having any of the
authority of the board of directors of the corporation; and
``(3) at the principal office of the corporation, a record
of the names and addresses of the members of the corporation
entitled to vote on matters relating to the corporation.
``(b) Inspection.--A member entitled to vote on any matter relating
to the corporation, or an agent or attorney of the member, may inspect
the records of the corporation for any proper purpose at any reasonable
time.
``Sec. 140409. Service of process
``The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which it
carries on activities.
``Sec. 140410. Liability for acts of officers and agents
``The corporation is liable for any act of any officer or agent of
the corporation acting within the scope of the authority of the
corporation.
``Sec. 140411. Annual report
``The corporation shall submit to Congress an annual report on the
activities of the corporation during the preceding fiscal year. The
report shall be submitted at the same time as the report of the audit
required by section 10101(b) of this title. The report may not be
printed as a public document.
``Sec. 140412. Definition
``In this chapter, the term `State' includes the District of
Columbia and the territories and possessions of the United States.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
subtitle II of title 36, United States Code, is amended by inserting
after the item relating to chapter 1403 the following new item:
``1404. Military Officers Association of America... 140401''. | Grants a federal charter to the Military Officers Association of America (a nonprofit corporation and incorporated under the laws of the Commonwealth of Virginia). | {"src": "billsum_train", "title": "To amend title 36, United States Code, to grant a Federal charter to the Military Officers Association of America, and for other purposes."} | 1,496 | 31 | 0.53227 | 1.267624 | 0.360704 | 4.074074 | 50.962963 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement Act''.
SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES.
Nothing in this Act shall be construed to affect--
(1) the right of an individual or State to receive any
child support payment; or
(2) the obligation of an individual to pay child support.
SEC. 3. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT PAYMENTS.
(a) In General.--Section 108 of the Internal Revenue Code of 1986
(relating to discharge of indebtedness income) is amended by adding at
the end the following new subsection:
``(h) Unpaid Child Support Payments.--
``(1) In general.--For purposes of this chapter, any
taxable unpaid child support payments of a taxpayer for any
taxable year shall be treated as amounts includible in gross
income of the taxpayer for the taxable year by reason of the
discharge of indebtedness of the taxpayer.
``(2) Taxable unpaid child support payments.--For purposes
of this subsection, the term `taxable unpaid child support
payments' means payments--
``(A) which were applicable child support payments
which the taxpayer was required to pay under a support
instrument for the support of a child of the taxpayer,
and
``(B) with respect to which the notice requirements
of paragraph (3) are met.
``(3) Notice requirements.--
``(A) In general.--During January of the second
calendar year following a calendar year in which there
begins a taxable year for which a deduction allowed
under section 166(f) was claimed, the eligible taxpayer
shall send a notice (in such form as the Secretary may
prescribe) to the individual who failed to make
payments which contains--
``(i) the amount of the applicable child
support payments for such taxable year, and
``(ii) notice that the individual is
required to include such amount in gross income
for the taxable year beginning in the preceding
calendar year.
``(B) Notice by secretary.--If notice cannot be
provided under subparagraph (A) because the address is
not known to the eligible taxpayer, the Secretary shall
send such notice if the address is available to the
Secretary.
``(C) Address unknown.--If notice cannot be
provided under subparagraph (A) or (B) because there is
no known address, no income shall be included in gross
income for any taxable year beginning before the
calendar year preceding the calendar year in which such
notice may be sent.
``(4) Subsequent payments.--If any payment required to be
included in gross income under paragraph (1) is subsequently
made, the amount of such payment shall be allowed as a
deduction for the taxable year in which such payment is made.
``(5) Definitions.--For purposes of this subsection, the
terms `applicable child support payments' and `eligible
taxpayer' have the meanings given such terms by section
166(f).''
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 4. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT
PAYMENTS.
(a) In General.--Section 166 of the Internal Revenue Code of 1986
(relating to deduction for bad debts) is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
``(f) Unpaid Child Support Payments.--
``(1) In general.--In the case of any eligible taxpayer who
has any applicable child support payments remaining unpaid as
of the close of the taxable year--
``(A) subsections (a) and (d) shall not apply to
such payments, and
``(B) there shall be allowed as a deduction for
such taxable year an amount equal to the amount of such
payments.
``(2) Per child limitation on deduction.--The aggregate
amount allowable as a deduction for any taxable year under
paragraph (1) with respect to any child for whom applicable
child support payments are required to be paid shall not exceed
$10,000.
``(3) Eligible taxpayer.--For purposes of this subsection,
the term `eligible taxpayer' means an individual--
``(A) whose adjusted gross income for the taxable
year does not exceed $50,000,
``(B) with respect to whom the amount of applicable
child support payments remaining unpaid as of the close
of the taxable year is equal to or greater than $500, and
``(C) who meets the identification requirements of
paragraph (5).
``(4) Applicable child support payment.--
``(A) In general.--The term `applicable child
support payment' means, with respect to any taxable
year of the eligible taxpayer--
``(i) any periodic payment of a fixed
amount, or
``(ii) any payment of a medical or
educational expense, insurance premium, or
other similar item,
which is required to be paid to such taxpayer during
such taxable year by an individual under a support
instrument meeting the requirements of paragraph (8)
for the support of any qualifying child of such
individual.
``(B) Qualifying child.--For purposes of this
paragraph, the term `qualifying child' means a child of
an eligible individual with respect to whom a deduction
is allowable under section 151 for the taxable year (or
would be so allowable but for paragraph (2) or (4) of
section 152(e)).
``(C) Payments must be delinquent for at least
entire year.--Any payment described in subparagraph (A)
which is required to be made by an individual to an
eligible taxpayer shall not be treated as an applicable
unpaid child support payment if at least half of the
payments which are required to be paid to the eligible
taxpayer during the 12-month period ending on the last
day of the taxable year are paid. In the case of the
1st taxable year to which this subsection applies to
payments from any individual, the preceding sentence
shall be applied by substituting `24-month' for `12-
month'.
``(D) Coordination with tanf.--The term `applicable
child support payment' shall not include any amount the
right to which is described in section 408(a)(3) of the
Social Security Act and which has been assigned to a
State.
``(5) Identification requirements.--The requirements of
this paragraph are met if the eligible taxpayer includes on the
return claiming the deduction under this subsection the name,
address, and taxpayer identification number of--
``(A) each child with respect to whom child support
payments to which this subsection applies are required
to be paid, and
``(B) the individual who was required to make such
child support payments.
In the case of a failure to provide the information under
subparagraph (B), the preceding sentence shall not apply if the
eligible taxpayer certifies that any such information is not
known.
``(6) Cost-of-living adjustments.--In the case of any
taxable year beginning after 2000, the $10,000 amount in
paragraph (2), the $50,000 amount in paragraph (3)(A), and the
$500 amount in paragraph (3)(B) shall each be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins by substituting `calendar year
1999' for `calendar year 1992' in subparagraph (B)
thereof.
``(7) Subsequent payments.--If any payment with respect to
which a deduction was allowed under paragraph (1) is
subsequently made, such payment shall be included in gross
income of the eligible taxpayer for the taxable year in which
paid. This paragraph shall not apply to any amount if an
individual has assigned the right to receive such amount to a
State (and the State does not pay such amount to such
individual).
``(8) Support instrument.--For purposes of this subsection,
a support instrument meets the requirements of this paragraph
if it is--
``(A) a decree of divorce or separate maintenance
or a written instrument incident to such a decree,
``(B) a written separation agreement, or
``(C) a decree (not described in subparagraph (A))
of a court or administrative agency requiring a parent
to make payments for the support or maintenance of 1 or
more children of such parent.''
(b) Deduction for Nonitemizers.--Section 62(a) of such Code is
amended by inserting after paragraph (17) the following new paragraph:
``(18) Unpaid child support payments.--The deduction
allowed by section 166(f).''
(c) Conforming Amendment.--Section 166(d)(2) of such Code is
amended by striking ``or'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, or'' and by
adding at the end thereof the following new subparagraph:
``(C) a debt which is an applicable child support
payment under subsection (f).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 5. REDUCTION OF FEDERAL DEBT.
Net revenues received in the Treasury pursuant to this Act shall be
applied, as provided in appropriation Acts, solely to the retirement of
outstanding public debt obligations of the United States and may not be
obligated or expended for any other purpose, notwithstanding any other
provision of law that does not specifically refer to this section. | Child Support Enforcement Act - Prohibits construing this Act to affect: (1) the right of an individual or State to receive child support payments; or (2) the obligation of an individual to pay child support.
Amends the Internal Revenue Code to require that taxable child support payments the taxpayer is required to pay and that are unpaid be treated as included in gross income by reason of discharge of indebtedness.
Allows a taxpayer entitled to receive such payments a deduction for unpaid payments. Allows the deduction for those who do not itemize deductions.
Requires that net revenues received in the Treasury under this Act be applied, as provided in appropriations Acts, solely to the retirement of outstanding public debt. | {"src": "billsum_train", "title": "Child Support Enforcement Act"} | 2,191 | 157 | 0.596809 | 1.441801 | 0.743855 | 4.404412 | 14.823529 | 0.889706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Federal
Marijuana Policy Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1971, Congress created the National Commission on
Marihuana and Drug Abuse, led by Governor Raymond P. Shafer,
known as the Shafer Commission.
(2) The Shafer Commission undertook a comprehensive review
of the nature and scope of marijuana use, its effects, the
relationship of marijuana use to other behavior, and the
efficacy of existing law.
(3) The final report of the Shafer Commission recommended
that marijuana be decriminalized.
(4) Since the Shafer Commission, the Federal Government has
expanded its ``War on Drugs'' and continued to prohibit the use
of marijuana.
(5) The District of Columbia and 18 States have legalized
and regulated the use of marijuana for medicinal purposes.
(6) Since 1973, 15 States have decriminalized marijuana for
personal use, in some cases based on the Shafer Commission
recommendations.
(7) Since 1973, 2 States have legalized and regulated
marijuana for personal use.
(8) Since the Shafer Commission, the Federal Government has
not undertaken a similar review of its policy toward marijuana.
(9) The Federal Government must reconcile its prohibition
of marijuana with the laws of the States where marijuana is
legal for some purposes and the likelihood that more States
will follow in this path.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the National
Commission on Federal Marijuana Policy (in this Act referred to as the
``Commission'').
SEC. 4. DUTIES.
The Commission shall undertake a comprehensive review of the state
and efficacy of current policies of the Federal Government toward
marijuana in light of the growing number of States in which marijuana
is legal for medicinal or personal use, including--
(1) how Federal policy should interact with State laws that
make marijuana legal for medicinal or personal use;
(2) the cost of marijuana prohibition and potential State
and Federal regulation of marijuana, as well as the potential
revenue generated by taxation of marijuana;
(3) the impact of Federal banking and tax laws on
businesses operating in compliance with State laws related to
marijuana;
(4) the health impacts, both benefits and risks, related to
marijuana use, and in comparison to alcohol and tobacco use;
(5) the domestic and international public safety effects of
marijuana prohibition and the impact that regulation and
control of marijuana has on public safety;
(6) the impact of marijuana prohibition on criminal
justice, including any racial disparities, and the collateral
consequences of prosecution for marijuana possession, including
lack of access to housing, education, and employment;
(7) recommending the appropriate placement of marijuana in
the schedule of the Controlled Substances Act (21 U.S.C. 801 et
seq.); and
(8) the effects of marijuana prohibition or future
regulation and control of marijuana on international
relationships and treaty obligations.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 13
members appointed as follows:
(1) Five individuals appointed by the President, one of
whom the President shall designate as a co-chair of the
Commission.
(2) Two individuals appointed by the Speaker of the House
of Representatives, one of whom the Speaker shall designate as
a co-chair of the Commission only if the Speaker is not of the
same political party of the President.
(3) Two individuals appointed by the minority leader of the
House of Representatives, one of whom the minority leader shall
designate as a co-chair of the Commission only if the minority
leader is not of the same political party of the President.
(4) Two individuals appointed by the majority leader of the
Senate.
(5) Two individuals appointed by the minority leader of the
Senate.
(b) Qualifications.--The members of the Commission shall be
individuals with distinguished reputations for integrity and
nonpartisanship who are nationally recognized for expertise, knowledge,
or experience in one or more of the following areas:
(1) Criminal justice.
(2) Public health.
(3) Social policy.
(4) Economics.
(5) International law.
(c) Disqualification.--An individual may not be appointed as a
member of the Commission if--
(1) the individual possesses a personal financial interest
in the discharge of the duties of the Commission; or
(2) the individual holds public office, serves as an
employee of a political party, is a public official or
candidate for office, or has filed and is running as a
candidate for election for public office.
(d) Terms.--Members shall be appointed for the life of the
Commission.
(e) Appointment.--Members of the Commission shall be appointed not
later than 45 days after the date of the enactment of this Act.
(f) Vacancies.--Any vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner in which the original
appointment was made. If vacancies in the Commission occur on any day
after 45 days after the date of the enactment of this Act, a quorum
shall consist of a majority of the members of the Commission.
(g) Basic Pay.--
(1) In general.--Members shall each be entitled to receive
the daily equivalent of level V of the Executive Schedule for
each day (including travel time) during which they are engaged
in the actual performance of duties vested in the Commission.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
SEC. 6. POWERS.
(a) Meetings.--
(1) In general.--The Commission shall meet at the call of
either of the co-chairs or a majority of its members.
(2) First meeting.--The Commission shall hold its first
meeting on the date that is 60 days after the date of enactment
of this Act, or not later than 30 days after the date on which
funds are made available for the Commission, whichever is
later.
(3) Quorum.--Seven members of the Commission shall
constitute a quorum for purposes of conducting business, except
that 2 members of the Commission shall constitute a quorum for
purposes of receiving testimony.
(4) Open to the public.--Meetings of the Commission shall
be open to the public. Interested persons shall be permitted to
appear at meetings and present oral or written statements on
the subject matter of the meeting. The Commission may
administer oaths or affirmations to any person appearing before
it.
(5) Notice.--Meetings of the Commission shall be preceded
by timely public notice in the Federal Register of the time,
place, and subject of the meeting.
(b) Public Hearings.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission shall hold hearings in--
(1) at least 2 States in which marijuana is legal for
medicinal purposes;
(2) at least 2 States in which marijuana is legal for
personal use; and
(3) at least 2 States in which marijuana is not legal for
any purpose.
(c) Commission Panels.--The Commission may establish panels
composed of less than the full membership of the Commission, but any
findings or determinations of such panels are not considered findings
and determinations of the Commission unless approved by the Commission.
(d) Delegation.--Any member, agent, or staff of the Commission may,
if authorized by the co-chairs of the Commission, take any action which
the Commission is authorized to take pursuant to this Act.
(e) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission.
SEC. 7. ADMINISTRATION.
(a) Director.--The Commission may appoint a Director to be paid the
rate of basic pay for level V of the Executive Schedule.
(b) Staff Appointment and Compensation.--With the approval of the
Commission, the Director may appoint and fix the pay of additional
personnel as the Director considers appropriate. Such personnel may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and General
Schedule pay rates, except that an individual so appointed may not
receive pay in excess of level V of the Executive Schedule.
(c) Experts and Consultants.--With the approval of the Commission,
the Director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(d) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission. Any such detail
shall not interrupt or otherwise affect the civil service status or
privileges of the Federal employee.
(e) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon the request of a co-
chair of the Commission, the head of that department or agency shall
furnish that information to the Commission.
(f) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(g) Contracts.--The Commission is authorized to enter into
contracts with Federal and State agencies, private firms, institutions,
and individuals for the conduct of activities necessary to the
discharge of its duties and responsibilities. A contract, lease, or
other legal agreement entered into by the Commission may not extend
beyond the date of the termination of the Commission.
(h) Gifts.--Subject to existing law, the Commission may accept,
use, and dispose of gifts or donations of services or property.
(i) Administrative Assistance.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to carry
out its responsibilities under this Act. These administrative services
may include human resource management, budget, leasing, accounting, and
payroll services.
SEC. 8. REPORT.
Not later than 1 year after the date on which funds first become
available to carry out this Act, the Commission shall submit to the
President and Congress, and make available to the public, a report
containing the findings, conclusions, and recommendations of the
Commission.
SEC. 9. TERMINATION.
The Commission shall terminate 60 days after the date of the
submission of the report required under section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$10,000,000 to carry out the purposes of this Act.
(b) Limitation on Use.--Funds appropriated under this Act may not
be used for international travel. | National Commission on Federal Marijuana Policy Act of 2013 - Establishes the National Commission on Federal Marijuana Policy to undertake a comprehensive review of current policies of the federal government toward marijuana in light of the growing number of states in which marijuana is legal for medicinal or personal use. Requires such review to include: (1) how federal policy should interact with state laws that make marijuana legal for such use; (2) the cost of the prohibition and potential regulation of marijuana and the potential revenue generated by taxation of marijuana; (3) the impact of federal banking and tax laws on businesses operating in compliance with state laws related to marijuana; (4) the health impacts related to marijuana use, and in comparison to alcohol and tobacco use; (5) the public safety effects and impact of the prohibition, and the regulation and control, of marijuana; (6) the impact of marijuana prohibition on criminal justice and the collateral consequences of prosecution for marijuana possession; (7) recommendations for the appropriate placement of marijuana in the schedule of the Controlled Substances Act; and (8) the effects of the prohibition or future regulation and control of marijuana on international relationships and treaty obligations. | {"src": "billsum_train", "title": "National Commission on Federal Marijuana Policy Act of 2013"} | 2,406 | 235 | 0.688697 | 1.944027 | 0.997959 | 6.353982 | 10.159292 | 0.99115 |
SECTION 1. ADDITIONAL MONITORING AND ACCOUNTABILITY FOR THE TROUBLED
ASSET RELIEF PROGRAM.
Section 114 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5224) is amended by adding at the end the following new
subsection:
``(c) Additional Monitoring and Accountability.--
``(1) Electronic database.--
``(A) In general.--The Secretary shall establish an
electronic database to monitor the use of funds
distributed under this title.
``(B) Sources of data.--The database established
under subparagraph (A) shall include data from the
following sources, to the extent such data is
available, usable, and relevant to determining the
effectiveness of the Troubled Asset Relief Program:
``(i) Regulatory data from any government
source.
``(ii) Filing data from any government
agency receiving regular and structured
filings.
``(iii) Public records.
``(iv) News filings, press releases, and
other forms of publicly available data.
``(v) Data collected under subparagraph
(C)(v).
``(vi) All other information that is
required to be reported under this title by
institutions receiving financial assistance or
procurement contracts under this title.
``(C) Administration and use of database.--The
Secretary shall--
``(i) ensure that the database uses
accurate data structures and taxonomies to
allow for easy cross-referencing, compiling,
and reporting of numerous data elements;
``(ii) ensure that the database provides
for filtering of data content to allow users to
screen for the events most relevant to
identifying waste, fraud, and abuse, such as
management changes and material corporate
events;
``(iii) ensure that the database provides
geospatial analysis capabilities;
``(iv) make the database available to the
Comptroller General of the United States and to
the Special Inspector General and the
Congressional Oversight Panel established under
sections 121 and 125, respectively, to provide
them with access to current information on the
status of the funds distributed under this
title, including funds distributed through
procurement contracts;
``(v) collect from each Federal agency on
at least a daily basis all data that is
relevant to determining the effectiveness of
the Troubled Asset Relief Program in
stimulating prudent lending and strengthening
bank capital, including regulatory filings and
data generated by the use of internal models,
financial models, and analytics; and
``(vi) compare the data in the database
with other appropriate data to identify
activities inconsistent with the goals of this
title.
``(2) Meeting tarp goals.--
``(A) Determination by secretary;
recommendations.--If the Secretary determines that a
recipient's use of funds distributed under this title
is not meeting the goals of this title, the Secretary
shall, in coordination with the appropriate Federal
agencies, develop recommendations for better meeting
such goals, and such agencies shall provide such
recommendations to such recipient.
``(B) Future uses of funds.--If the Secretary
determines that the use of funds described in
subparagraph (A) does not meet the goals of this title
within a reasonable time after the recommendations
communicated under such subparagraph, the Secretary
shall modify the permitted uses of funds distributed
under this title to avoid similar problems in the
future.
``(3) Public access to database.--The Secretary shall,
subject to paragraph (4), adopt rules and procedures for public
access to the database created by this subsection.
``(4) Prohibition against disclosure of certain
information.--
``(A) Prohibition.--A person or entity shall not
disclose to the public information collected under this
subsection that is prohibited from disclosure by any
Federal or State law or regulation or by private
contract or that is considered to be proprietary.
``(B) Protection of information.--The Secretary
shall implement reasonable measures to prevent the
disclosure of information in violation of subparagraph
(A).
``(C) Criminal liability for disclosure.--A Federal
officer or employee, or a contractor of any Federal
agency or employee of such contractor, who
intentionally discloses to the public or intentionally
causes to be disclosed to the public information
prohibited from disclosure by subparagraph (A), knowing
that such information is prohibited from disclosure,
shall be fined under title 18, United States Code, or
imprisoned for not more than 1 year, or both.
``(5) Regulations and procedures.--The Secretary shall, in
consultation with the appropriate Federal agencies, promulgate
regulations and establish any other procedures necessary to
carry out this subsection.
``(6) Implementation deadlines.--
``(A) Contract services.--Not later than 30 days
after the date of the enactment of this subsection, the
Secretary shall issue a request for proposal and award
contract services as required by this subsection.
``(B) Operation of database.--The Secretary shall
ensure that the database described in paragraph (1)(A)
is operational not later than 180 days after the date
of the enactment of this subsection.''.
SEC. 2. REDUCING TARP FUNDS TO OFFSET COSTS OF PROGRAM CHANGES.
Section 115(a)(3) of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5225(a)(3)) is amended by striking ``$700,000,000,000,
as such amount is reduced by $1,259,000,000,, as such amount is reduced
by $1,244,000,000, outstanding at any one time'' and inserting
``$700,000,000,000, as such amount is reduced by $1,293,000,000,
outstanding at any one time''.
Passed the House of Representatives December 2, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Secretary of the Treasury to: (1) establish an electronic database using data from specified sources to monitor the use of Troubled Asset Relief Program (TARP) funds by institutions receiving financial assistance or procurement contracts; and (2) make such database available to the Special Inspector General of TARP, the Comptroller General, and the Congressional Oversight Panel in order to provide them with access to current information on the status of funds distributed under TARP, including funds distributed through procurement contracts.
Requires the Secretary to: (1) collect from each federal agency any regulatory filings, internal models, financial models, and analytics associated with the financial assistance on at least a daily basis in order to determine the effectiveness of TARP in stimulating prudent lending and strengthening bank capital; and (2) compare the data in such database with any other data in order to identify activities inconsistent with TARP goals.
Requires the Secretary, if a recipient's use of TARP funds is not meeting TARP goals, to develop, in coordination with federal agencies, recommendations for better meeting such goals.
Directs the Secretary, furthermore, to modify permitted uses of TARP funds if such goals are not met within a reasonable time after the recommendations are communicated.
Directs the Secretary to: (1) adopt rules and procedures for public access to the electronic database created by this Act; and (2) implement measures to protect confidential or proprietary information. Subjects intentional disclosure of such information to criminal penalties.
Requires the Secretary to: (1) issue a request for proposal and award contract services to implement this Act within 30 days after enactment; and (2) ensure that the electronic database is operational within 180 days after the date of enactment of this Act.
Modifies the reduction of TARP funds to offset the costs of program changes. | {"src": "billsum_train", "title": "To amend the Emergency Economic Stabilization Act of 2008 to provide for additional monitoring and accountability of the Troubled Asset Relief Program."} | 1,255 | 399 | 0.638837 | 2.166737 | 0.781868 | 2.892265 | 3.212707 | 0.91989 |
SECTION 1. SMALL BUSINESS AND AGRICULTURAL PRODUCER ENERGY EMERGENCY
DISASTER LOAN PROGRAM.
(a) Small Business Producer Energy Emergency Disaster Loan
Program.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by adding at the end the following new paragraph:
``(4) Energy emergency disaster loans.--
``(A) Authority.--The Administrator may make or
guarantee a loan to a small business concern that the
Administrator determines has suffered or is likely to
suffer substantial economic injury as a result of a
significant increase in the price of heating oil,
natural gas, gasoline, transportation fuel, propane, or
kerosene.
``(B) Interest rates.--Any loan or guarantee
extended pursuant to this paragraph shall be made at
the same interest rate as an economic injury loan made
or guaranteed under paragraph (2).
``(C) Limitation.--
``(i) In general.--No loan may be made or
guaranteed under this paragraph if the total
amount outstanding and committed to the
borrower under this subsection would exceed
$1,500,000.
``(ii) Exception.--The Administrator may
waive the limitation under clause (i) for a
borrower if the Administrator determines that
the borrower constitutes a major source of
employment in its surrounding area.
``(D) Declarations of disaster.--No assistance
shall be available under this paragraph unless--
``(i) the President or the Administrator
has made a declaration of a disaster area by
reason of a significant increase in the price
of heating oil, natural gas, gasoline,
transportation fuel, propane, or kerosene; or
``(ii) the Governor of a State in which a
significant increase in the price of heating
oil, natural gas, gasoline, transportation
fuel, propane, or kerosene has occurred
certifies to the Administrator that small
business concerns have suffered economic injury
as a result of such increase and are in need of
financial assistance that is not otherwise
available on reasonable terms in that State.
``(E) Conversion to renewable or alternative energy
sources.--Notwithstanding any other provision of law, a
small business concern receiving a loan under this
paragraph may use the loan to convert from the use of
heating oil, natural gas, gasoline, propane, or
kerosene to a renewable or alternative energy source,
including agricultural and municipal solid waste,
geothermal energy, cogeneration, solar energy, wind
energy, or fuel cells.
``(F) Definitions.--In this paragraph, the
following definitions apply:
``(i) The term `base price index' means the
moving average of the closing unit price on the
New York Mercantile Exchange for heating oil,
natural gas, gasoline, transportation fuel, or
propane for the 10 days, in each of the most
recent 2 preceding years, which correspond to
the trading days described in clause (ii).
``(ii) The term `current price index' means
the moving average of the closing unit price on
the New York Mercantile Exchange, for the 10
most recent trading days, for contracts to
purchase heating oil, natural gas, gasoline,
transportation fuel, or propane during the
subsequent calendar month, commonly known as
the `front month'.
``(iii) The term `significant increase'
means--
``(I) with respect to the price of
heating oil, natural gas, gasoline,
transportation fuel, or propane, an
increase of the current price index
over the base price index by not less
than 40 percent; and
``(II) with respect to the price of
kerosene, any increase which the
Administrator, in consultation with the
Secretary of Energy, determines to be
significant.''.
(b) Effective Date.--The amendment made by this Act shall apply
with respect to economic injury suffered on or after the date of the
enactment of this Act. | Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to make or guarantee a loan to a small business that has suffered, or is likely to suffer, substantial economic injury as a result of a significant increase in the price of heating oil, natural gas, gasoline, transportation fuel, propane, or kerosene. Prohibits such a loan or guarantee if the total amount outstanding and committed to the borrower would exceed $1.5 million (with an exception).
Prohibits any such assistance unless there has been a declaration of a disaster in the area or the governor of the state involved has certified that small businesses have suffered economic injury as a result of the price increases.
Allows a small business to use assistance funds to convert to a renewable or alternative energy source. | {"src": "billsum_train", "title": "To amend the Small Business Act to establish an energy emergency disaster loan program."} | 874 | 179 | 0.65952 | 1.932962 | 0.852373 | 3.909091 | 5.214286 | 0.87013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EHR Regulatory Relief Act''.
SEC. 2. 90-DAY EHR REPORTING PERIOD FOR DETERMINATION OF WHETHER AN
ELIGIBLE PROFESSIONAL OR ELIGIBLE HOSPITAL IS A
MEANINGFUL EHR USER.
(a) For an Eligible Professional for the 2016 EHR Reporting Period
for the 2018 Payment Adjustment.--Section 1848(a)(7)(E)(ii) of the
Social Security Act (42 U.S.C. 1395w-4(a)(7)(E)(ii)) is amended by
adding at the end the following new sentence: ``For the EHR reporting
period with respect to 2018 or additional years, such term shall also
include a 90-day EHR reporting period, in addition to any period (or
periods) specified by the Secretary.''.
(b) Continuation of 90-Day EHR Reporting Period Under MIPS.--
Section 1848(o)(5)(B) of the Social Security Act (42 U.S.C. 1395w-
4(o)(5)(B)) is amended by adding at the end the following new sentence:
``For purposes of determining a performance period under subsection
(q)(4) with respect to the performance category described in subsection
(q)(2)(A)(iv), and for purposes of the performance period described in
paragraph (2)(D), for years as the Secretary determines appropriate,
such term shall also include a 90-day EHR performance period, in
addition to any period (or periods) specified by the Secretary.''.
(c) For an Eligible Hospital for the 2016 EHR Reporting Period and
Subsequent Reporting Periods and Payment Adjustments for Fiscal Year
2018 and Subsequent Fiscal Years.--Section 1886(b)(3)(B)(ix)(IV) of the
Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ix)(IV)) is amended by
adding at the end the following new sentence: ``For the EHR reporting
period with respect to fiscal year 2018 and each subsequent fiscal
year, such term shall also include a 90-day EHR reporting period (or
periods) specified by the Secretary.''.
SEC. 3. REMOVING THE ALL-OR-NOTHING APPROACH TO MEANINGFUL USE.
(a) For an Eligible Professional.--Section 1848(o)(2) of the Social
Security Act (42 U.S.C. 1395w-4(o)(2)) is amended by adding at the end
the following new subparagraph:
``(E) Flexibility for meaningful use determinations
for eligible professionals.--In applying clauses (i),
(ii), and (iii) of subparagraph (A), the Secretary may
determine that an eligible professional is a meaningful
EHR user for the EHR reporting period for 2018 or
additional years as determined by the Secretary if such
eligible professional meets at least 70 percent (or a
portion between 50 and 70 percent) of the measures
established by the Secretary.''.
(b) For an Eligible Hospital.--Section 1886(n)(3) of the Social
Security Act (42 U.S.C. 1395ww(n)(3)) is amended by adding at the end
the following new paragraph:
``(D) Flexibility for meaningful use determinations
for eligible hospitals.--In applying clauses (i), (ii),
and (iii) of subparagraph (A), for purposes of
subsection (b)(3)(B)(ix) for an EHR reporting period
under such subsection with respect to fiscal years
after 2018, the Secretary shall determine that an
eligible hospital is a meaningful EHR user for the EHR
reporting period for such fiscal years using a
methodology specified by the Secretary through
rulemaking based on performance with respect to
objectives and measures established by the Secretary
that is met by an eligible hospital. Such methodology
shall allow an eligible hospital to be a meaningful EHR
user if they achieve 70 percent (or a portion between
50 and 70 percent) of such measures or if they achieve
a composite score (as determined by the Secretary
through rulemaking) based on such measures.''.
(c) Conforming Amendments.--The last sentence of each of sections
1848(o)(2)(A) and 1886(n)(3)(A) of the Social Security Act (42 U.S.C.
1395w-4(o)(2)(A), 1395ww(n)(3)(A)) are amended by striking ``by'' and
all that follows before the period at the end.
SEC. 4. EXTENDING FLEXIBILITY IN APPLYING HARDSHIP EXCEPTION FOR
MEANINGFUL USE.
(a) For an Eligible Professional for the 2016 EHR Reporting Period
for the 2018 Payment Adjustment.--Section 1848(a)(7)(B) of the Social
Security Act (42 U.S.C. 1395w-4(a)(7)(B)) is amended--
(1) by striking ``exception.--The Secretary'' and inserting
``exception.--
``(i) In general.--The Secretary'';
(2) in the first sentence of clause (i), as added by
paragraph (1)--
(A) by striking ``2017'' and inserting ``each of
2017 and 2018''; and
(B) by striking ``March 15, 2016'' and inserting
``the applicable date (as defined in clause (ii))'';
and
(3) by adding at the end the following new clause:
``(ii) Applicable date defined.--In this
subparagraph, the term `applicable date'
means--
``(I) with respect to the payment
adjustment under subparagraph (A) for
2017, March 15, 2016; and
``(II) with respect to the payment
adjustment under subparagraph (A) for
2018, March 15, 2017.''.
(b) For an Eligible Hospital for the 2016 and 2017 EHR Reporting
Periods and Payment Adjustments for Fiscal Years 2018 and 2019.--
Section 1886(b)(3)(B)(ix) of the Social Security Act (42 U.S.C.
1395ww(b)(3)(B)(ix)) is amended--
(1) in the first sentence of subclause (II)--
(A) by striking ``fiscal year 2017'' and inserting
``each of fiscal years 2017 through 2019''; and
(B) by striking ``April 1, 2016'' and inserting
``the applicable date (as defined in subclause (V))'';
and
(2) by adding at the end the following new subclause:
``(V) For purposes of this clause, the term `applicable date'
means--
``(aa) with respect to the payment reduction under
subclause (I) for fiscal year 2017, April 1, 2016;
``(bb) with respect to the payment reduction under
subclause (I) for fiscal year 2018, April 1, 2017; and
``(cc) with respect to the payment reduction under
subclause (I) for fiscal year 2019, April 1, 2018.''. | EHR Regulatory Relief Act This bill amends title XVIII (Medicare) of the Social Security Act to: establish a 90-day reporting period with respect to determining whether an eligible professional or hospital is a meaningful electronic health record (EHR) user, allow the Centers for Medicare & Medicaid Services (CMS) to determine that an eligible professional or hospital is a meaningful EHR user if the professional or hospital meets a specified percentage of the applicable measures established by CMS, and extend the applicability of the hardship exception with respect to meaningful EHR use. | {"src": "billsum_train", "title": "EHR Regulatory Relief Act"} | 1,656 | 127 | 0.546404 | 1.532926 | 0.546061 | 2.301887 | 12.084906 | 0.811321 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Price Comparison
for Savings Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Access to prescription drugs is important to all
Americans.
(2) Many individuals cannot afford to purchase the drugs
prescribed by their doctors. Others skip doses or split pills
contrary to their doctor's orders because they cannot afford to
refill their prescriptions.
(3) Individuals who use their limited financial resources
to obtain needed drugs may do so by foregoing other
expenditures important to their health and well-being.
(4) Among the objectives of the medicaid program set forth
in section 1901 of the Social Security Act (42 U.S.C. 1396) is
the objective to enable each State to furnish services to help
low-income families and aged, blind, or disabled individuals
``attain or retain capability for independence or self-care''.
(5) Some States, such as Maryland, have established
interactive Internet websites that use the usual and customary
price information reported by pharmacies participating in the
State's medicaid program to allow all residents of the State to
comparison shop for prescription drugs.
(6) Requiring all States to collect from pharmacies that
participate in the medicaid program the usual and customary
price for prescription drugs sold by the pharmacies and to
report that information to the Secretary of Health and Human
Services in order that a national, interactive Internet website
may be established and maintained for individuals to use to
comparison shop for prescription drugs is consistent with the
objectives of the medicaid program.
SEC. 3. STATE PLAN REQUIREMENT TO COLLECT AND REPORT USUAL AND
CUSTOMARY PRICES FOR COVERED OUTPATIENT DRUGS SOLD UNDER
THE MEDICAID PROGRAM.
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
amended--
(1) in paragraph (66), by striking ``and'' at the end;
(2) in paragraph (67), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (67), the following:
``(68) provide that the State shall--
``(A) require each retail pharmacy which receives
payments under the plan to report to the State
concurrent with the filling of a prescription for a
covered outpatient drug (as defined in section
1927(k)(2)) for an individual receiving medical
assistance under this title--
``(i) the usual and customary price (as
defined in section 1927(k)(10)) for the
strength, quantity, and dosage form of the
covered outpatient drug, as of the date the
prescription is filled; and
``(ii) the postal Zip Code in which the
retail pharmacy is located; and
``(B) submit the information reported under
subparagraph (A) to the Secretary on such frequent
basis as the Secretary shall require so as to allow for
monthly updates of the information posted on the
Internet website required to be established under
section 5 of the Prescription Drug Price Comparison for
Savings Act of 2004.''.
SEC. 4. USUAL AND CUSTOMARY PRICES FOR COVERED OUTPATIENT DRUGS.
(a) Definition.--Section 1927(k) of the Social Security Act (42
U.S.C. 1396r-8(k)) is amended by adding at the end the following:
``(10) Usual and customary price.--The term `usual and
customary price' means the price a retail pharmacy would charge
an individual who does not have health insurance coverage for
purchasing a specific strength, quantity, and dosage form of a
covered outpatient drug.''.
(b) Inclusion of Information in Annual Report to Congress.--Section
1927(i)(2)(E) of the Social Security Act (42 U.S.C. 1396r-8(i)(2)(E))
is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D), the following:
``(E) the range of usual and customary prices for
specific strengths, quantities, and dosage forms of
covered outpatient drugs, disaggregated by postal Zip
Code;''.
SEC. 5. REQUIREMENT TO ESTABLISH AND MAINTAIN PRESCRIPTION DRUG PRICE
COMPARISON WEBSITE.
(a) Authority.--Not later than 6 months after the date of enactment
of this Act, the Secretary shall establish and arrange for the
maintenance of an Internet website that is designed to allow an
individual to compare the usual and customary prices for a range of
strengths and quantities of covered outpatient drugs sold by retail
pharmacies that receive payments under the medicaid program for each
postal Zip Code that corresponds to an area of a State.
(b) Requirements.--The Internet website required to be established
and maintained under this section shall consist of--
(1) the information submitted to the Secretary in
accordance with section 1902(a)(68)(B) of the Social Security
Act (42 U.S.C. 1396a(a)(68)(B)) (as added by section 3(a)(3));
and
(2) such other information as the Secretary determines is
appropriate.
(c) Definitions.--In this section:
(1) Covered outpatient drug.--The term ``covered outpatient
drug'' has the meaning given that term in section 1927(k)(2) of
the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) State.--The term ``State'' has the meaning given that
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.). | Prescription Drug Price Comparison for Savings Act of 2004 - Requires the Secretary of Health and Human Services to establish and maintain an Internet website using the information supplied by participating pharmacies to allow an individual to compare for each zip code the usual and customary prices for a range of strengths and quantities of covered outpatient drugs sold by retail pharmacies that receive Medicaid payments.
Amends title XIX (Medicaid) of the Social Security Act to direct States to: (1) require a participating pharmacy, concurrent with filling a prescription for an individual receiving assistance under Medicaid, to report to the State its zip code and the usual and customary price for the covered outpatient drug as of the date the prescription is filled; and (2) submit this information to the Secretary to enable the Secretary to post monthly updates on the website. | {"src": "billsum_train", "title": "A bill to require the Secretary of Health and Human Services to establish and maintain an Internet website that is designed to allow consumers to compare the usual and customary prices for covered outpatient drugs sold by retail pharmacies that participate in the medicaid program for each postal Zip Code, and for other purposes."} | 1,326 | 173 | 0.616244 | 1.683 | 0.865455 | 3.780645 | 7.329032 | 0.954839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Tampering of Prescription Pills
Act of 2012''.
SEC. 2. TAMPER-RESISTANT TECHNOLOGY.
(a) Definition.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following:
``(ss) The term `tamper-resistant drug' means a drug that--
``(1) contains as an active moiety a controlled substance
that has been classified as opium, an opiate, or a derivative
thereof, as such terms are defined or used in section 102 of
the Controlled Substances Act;
``(2) has been formulated for oral administration; and
``(3)(A) exhibits physicochemical properties (demonstrated
by in vitro, in vivo, or other testing, or some combination
thereof, as determined appropriate by the Secretary) that make
product manipulation significantly more difficult or
ineffective in altering the characteristics of the drug for
purposes of misuse or abuse when compared to drugs without such
properties; or
``(B) contains one or more additional active or inactive
ingredients that are intended to deter abuse through potential
pharmacological effects, the effectiveness of which has been
demonstrated by at least one adequate and well-controlled
investigation.''.
(b) Required Information in Application for Approval of Brand Name
Drugs.--Section 505(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(b)) is amended by adding at the end the following:
``(7) Tamper-resistant drugs.--If an application submitted
under this subsection is potentially subject to refusal under
subsection (d)(7), the application shall include such
information as the Secretary determines necessary to
demonstrate that the application is not subject to such
refusal.''.
(c) Approval of New Brand Name Drugs.--Section 505(d) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is amended--
(1) by inserting ``(7)(A) such drug has been formulated for
oral administration; (B) such drug contains as an active moiety
a controlled substance that has been classified as opium, an
opiate, or a derivative thereof, as such terms are defined or
used in section 102 of the Controlled Substances Act; (C) such
drug is not a tamper-resistant drug; and (D) the Secretary has
previously approved pursuant to an application submitted under
subsection (b) or (j) a drug that (i) contains the same active
moiety; (ii) is a tamper-resistant drug, and (iii) has not been
discontinued from marketing; or'' after ``(6) the application
failed to contain the patent information prescribed by
subsection (b); or'';
(2) by striking ``(7) based on fair'' and inserting ``(8)
based on fair'';
(3) by striking ``clauses (1) through (6)'' and inserting
``paragraphs (1) through (7)''; and
(4) by inserting ``The Secretary may issue an order
approving an application, even if paragraph (7) applies, upon a
finding that paragraphs (1) through (6) and paragraph (8) do
not apply and that such approval is necessary either to prevent
or alleviate a drug shortage or to otherwise address a
significant unmet public health need.'' before ``As used in
this subsection and subsection (e)''.
(d) Generic Drugs.--Section 505(j) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)) is amended--
(1) in paragraph (2)--
(A) subparagraph (A)--
(i) in clause (vii), by striking ``and'' at
the end;
(ii) in clause (viii), by striking the
period at the end and inserting ``; and'';
(iii) by inserting after clause (viii) the
following:
``(ix) if the listed drug is a tamper-resistant drug due to
its physicochemical properties, information from comparative in
vitro, in vivo, or other testing, or some combination thereof,
as appropriate based on the type of data submitted for the
listed drug, that demonstrates the new drug resists
manipulation or the effect of manipulation to a degree at least
comparable to the listed drug.''; and
(iv) in the continuation text at the end of
the subparagraph, by striking ``clauses (i)
through (viii)'' and inserting ``clauses (i)
through (ix)'';
(B) in subparagraph (C)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) that the listed drug is a tamper-resistant drug and
one or more of the new drug's active moieties differ in any
material respect (in amount or otherwise) from those of the
listed drug.'';
(2) in paragraph (5), by adding at the end the following:
``(G) If a drug has been approved pursuant to an application
submitted under paragraph (2), and thereafter the listed drug referred
to in the application becomes a tamper-resistant drug, the drug so
approved shall not be considered to be bioequivalent to, or to have the
same therapeutic effect as, the listed drug (as described in paragraph
(2)(A)(iv)) unless and until the drug so approved has been found by the
Secretary to meet the requirements of paragraph (2)(A)(ix).''; and
(3) in paragraph (6)--
(A) by striking ``(6) If a drug'' and inserting
``(6)(A) If a drug'';
(B) by striking ``(A) for the'' and inserting ``(i)
for the'';
(C) by striking ``(B) if the'' and inserting ``(ii)
if the''; and
(D) by adding at the end the following:
``(B) For purposes of this paragraph and paragraph (7)(C), a
withdrawal or suspension of a drug formulated for oral administration
shall be considered to have been for safety or effectiveness reasons
if--
``(i) the approval of a listed drug, which is not a tamper-
resistant drug, is withdrawn or suspended, or a listed drug,
which is not a tamper-resistant drug, is withdrawn from sale;
and
``(ii) the Secretary has previously approved pursuant to an
application under subsection (b) a drug that--
``(I) is in the same dosage form;
``(II) contains the same controlled substance as an
active moiety;
``(III) is a tamper-resistant drug; and
``(IV) has not been discontinued from marketing.''.
(e) Withdrawal of Previously Approved Brand Name and Generic
Drugs.--Section 505(e) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(e)) is amended--
(1) by inserting ``or (6)(A) the drug contains as an active
moiety a controlled substance that has been classified as
opium, an opiate, or a derivative thereof, as such terms are
defined or used in section 102 of the Controlled Substances
Act; (B) the drug is formulated for oral administration; (C)
the drug is not a tamper-resistant drug; and (D) the Secretary
has previously approved pursuant to an application submitted
under subsection (b) or (j) a drug that contains the same
active moiety, is a tamper-resistant drug, and has not been
discontinued from marketing'' before ``: Provided,''; and
(2) by adding at the end the following: ``The Secretary may
waive the application of paragraph (6) of the first sentence of
this subsection in the case of a drug intended for use in a
special needs population. In withdrawing (under paragraph (6)
of the first sentence of this subsection) the approval of an
application with respect to any drug, the Secretary shall, on a
case-by-case basis, delay the effective date of such withdrawal
for a period deemed sufficient by the Secretary to give the
sponsor an opportunity to obtain approval under this section
for a formulation of the drug meeting the criteria described in
paragraph (2) of the definition of a `tamper-resistant drug' in
section 201(ss).''.
(f) Listed Drugs.--Section 505(j)(7) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(7)) is amended by adding at the end the
following:
``(D) Beginning 60 days after the date of the enactment of the Stop
Tampering of Prescription Pills Act of 2012, the Secretary shall--
``(i) include in the list under subparagraph (A) a list of
each drug or category of drugs which the Secretary has found to
be tamper-resistant drugs; and
``(ii) update the list under subparagraph (A)--
``(I) to remove from the list of tamper-resistant
drugs any drug the Secretary later determines is not a
tamper-resistant drug; and
``(II) as required by subparagraph (C) to reflect
the application of paragraph (6)(B) to drugs that are
withdrawn or suspended.''. | Stop Tampering of Prescription Pills Act of 2012 - Amends the Federal Food, Drug, and Cosmetic Act to prescribe new drug application requirements for tamper-resistant drugs: (1) containing as an active moiety (the part of the drug that makes it work the way it does) a controlled substance classified as opium, an opiate, or a derivative; (2) formulated for oral administration; (3) exhibiting physicochemical properties making them significantly more difficult or ineffective in altering the drug's characteristics for purposes of misuse or abuse; and (4) containing one or more additional ingredients intended to deter abuse through potential pharmacological effects.
Requires the Secretary to refuse a new drug application for any new (brand name) drug containing opium, an opiate, or a derivative as an active moiety that is not tamper-resistant if a tamper-resistant drug containing the same active moiety has been approved and has not been discontinued from marketing. Authorizes the Secretary to approve an application failing to meet such requirements, however, if approval is necessary to prevent or alleviate a drug shortage or otherwise address a significant unmet public health need.
Requires an abbreviated new (generic) drug application for a tamper-resistant drug to include testing information demonstrating that the generic drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. Authorizes the Secretary to deny approval of a generic application if the listed drug is tamper-resistant and one or more of the generic drug's active moieties differ in any material respect from those of the listed drug.
Declares that an approved generic drug shall not be considered bioequivalent to, or as having the same therapeutic effect as, a listed drug if the listed drug becomes tamper-resistant unless and until the generic drug demonstrates that it resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug.
Prescribes requirements governing when a drug which is not tamper-resistant may have its approval withdrawn or suspended. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to incentivize the development of tamper-resistant drugs."} | 2,250 | 480 | 0.710384 | 2.292054 | 0.884932 | 3.816754 | 5.230366 | 0.91623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montgomery GI Bill Enhancement Act
of 2007''.
SEC. 2. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER
THE MONTGOMERY GI BILL.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
``(a)(1) Notwithstanding any other provision of this chapter,
during the one-year period beginning on the date of the enactment of
this section, a qualified individual (described in subsection (b)) may
make an irrevocable election under this section to become entitled to
basic educational assistance under this chapter.
``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Homeland Security shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
``(b) A qualified individual referred to in subsection (a) is an
individual who meets each of the following requirements:
``(1) The individual first became a member of the Armed
Forces or first entered on active duty as a member of the Armed
Forces before July 1, 1985.
``(2) The individual has served on active duty without a
break in service since the date the individual first became
such a member or first entered on active duty as such a member
and continues to serve on active duty for some or all of the
one-year period referred to in subsection (a).
``(3) The individual, before applying for benefits under
this section, has completed the requirements of a secondary
school diploma (or equivalency certificate) or has successfully
completed (or otherwise received academic credit for) the
equivalent of 12 semester hours in a program of education
leading to a standard college degree.
``(4) The individual, when discharged or released from
active duty, is discharged or released therefrom with an
honorable discharge.
``(c)(1) Subject to the succeeding provisions of this subsection,
with respect to a qualified individual who makes an election under this
section to become entitled to basic educational assistance under this
chapter--
``(A) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced is
$2,700; and
``(B) to the extent that basic pay is not so reduced before
the qualified individual's discharge or release from active
duty as specified in subsection (b)(4), at the election of the
qualified individual--
``(i) the Secretary concerned shall collect from
the qualified individual; or
``(ii) the Secretary concerned shall reduce the
retired or retainer pay of the qualified individual by,
an amount equal to the difference between $2,700 and the total
amount of reductions under subparagraph (A), which shall be
paid into the Treasury of the United States as miscellaneous
receipts.
``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an
election under this section, for the qualified individual to pay that
Secretary the amount due under paragraph (1).
``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
``(d) With respect to qualified individuals referred to in
subsection (c)(1)(B), no amount of educational assistance allowance
under this chapter shall be paid to the qualified individual until the
earlier of the date on which--
``(1) the Secretary concerned collects the applicable
amount under clause (i) of such subsection; or
``(2) the retired or retainer pay of the qualified
individual is first reduced under clause (ii) of such
subsection.
``(e) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice of the opportunity under this section to elect
to become entitled to basic educational assistance under this
chapter.''.
(b) Conforming Amendments.--Section 3017(b)(1) of such title is
amended--
(1) in subparagraphs (A) and (C), by striking ``or
3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and
(2) in subparagraph (B), by inserting ``or 3018D(c)'' after
``under section 3018C(e)''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by inserting after the item
relating to section 3018C the following new item:
``3018D. Opportunity for certain active-duty personnel to enroll.''. | Montgomery GI Bill Enhancement of 2007 - Authorizes certain members of the Armed Forces to make an irrevocable election during the one-year period beginning on enactment of this Act to become entitled to basic educational assistance under the Montgomery GI Bill.
Requires a reduction in basic pay of those members electing such educational assistance or, if the member is discharged or released from active duty prior to such reduction, the collection of specified amounts from the member or an equivalent reduction in retired or retainer pay.
Provides for notice of the opportunity created by this Act to elect educational assistance under the Montgomery GI Bill. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide for certain servicemembers to become eligible for educational assistance under the Montgomery GI Bill."} | 1,113 | 136 | 0.577918 | 1.426524 | 0.618376 | 3.184211 | 9.157895 | 0.868421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CT Colonography Screening for
Colorectal Cancer Act of 2015''.
SEC. 2. COVERAGE OF COMPUTED TOMOGRAPHY COLONOGRAPHY SCREENING AS A
COLORECTAL CANCER SCREENING TEST UNDER MEDICARE.
(a) In General.--Section 1861(pp)(1) of the Social Security Act (42
U.S.C. 1395x(pp)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Screening computed tomography
colonography.''.
(b) Frequency Limits and Payment.--Section 1834(d) of such Act (42
U.S.C. 1395m(d)) is amended by adding at the end the following new
paragraph:
``(4) Screening computed tomography colonography.--
``(A) Fee schedule.--With respect to a colorectal
cancer screening test consisting of screening computed
tomography colonography, subject to subparagraph (B),
payment under section 1848 shall be consistent with
payment under such section for similar or related
services.
``(B) Payment limit.--In the case of screening
computed tomography colonography, payment under this
part shall not exceed such amount as the Secretary
specifies, based upon rates recognized for diagnostic
computed tomography colonography.
``(C) Facility payment limit.--Notwithstanding any
other provision of this title, in the case of an
individual who receives screening computed tomography
colonography--
``(i) in computing the amount of any
applicable coinsurance, the computation of such
coinsurance shall be based upon the fee
schedule under which payment is made for the
services; and
``(ii) the amount of such coinsurance shall
not exceed 25 percent of the payment amount
under the fee schedule described in
subparagraph (A).
``(D) Frequency limit.--No payment may be made
under this part for a colorectal cancer screening test
consisting of a screening computed tomography
colonography--
``(i) if the individual is under 50 years
of age; or
``(ii)(I) in the case of individuals at
high risk for colorectal cancer, if the
procedure is performed within the 23 months
after a previous screening computed tomography
colonography or a previous screening
colonoscopy; or
``(II) in the case of an individual who is
not at high risk for colorectal cancer, if the
procedure is performed within the 119 months
after a previous screening colonoscopy or
within the 59 months after a previous screening
flexible sigmoidoscopy or a previous screening
computed tomography colonography.''.
(c) Conforming Frequency Limits for Other Colorectal Cancer
Screening Tests.--
(1) Screening flexible sigmoidoscopy.--Paragraph (2)(E)(ii)
of section 1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) is amended by inserting ``or screening computed
tomography colonography'' after ``previous screening flexible
sigmoidoscopy''.
(2) Screening colonoscopy.--Paragraph (3)(E) of such
section is amended--
(A) by inserting ``or screening computed tomography
colonography'' after ``23 months after a previous
screening colonoscopy''; and
(B) by inserting ``or screening computed tomography
colonography'' after ``screening flexible
sigmoidoscopy''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2017.
SEC. 3. EXEMPTION OF SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY FROM
SPECIAL RULE ON PAYMENT FOR IMAGING SERVICES.
(a) In General.--Section 1848(b)(4)(B) of the Social Security Act
(42 U.S.C. 1395w-4(b)(4)(B)) is amended by inserting ``and screening
computed tomography colonography'' after ``diagnostic and screening
mammography''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items and services furnished on or after January 1, 2017.
SEC. 4. REPORTS ON THE STATUS OF COVERING COMPUTED TOMOGRAPHY
COLONOGRAPHY AS A COLORECTAL CANCER SCREENING TEST UNDER
MEDICARE.
(a) Preliminary Report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit a preliminary report to Congress on the status of coverage
of computed tomography colonography as a colorectal cancer screening
test under the Medicare program under title XVIII of the Social
Security Act, including the extent to which such coverage as required
by the amendments made by sections 2 and 3 has been implemented.
(b) Annual Report.--Not later than September 30 of each fiscal year
during the 5-year period beginning with fiscal year 2018, the Secretary
shall submit to the Congress, a status report on the following:
(1) The impact of screening computed tomography
colonography on the change in colorectal cancer screening
compliance of Medicare beneficiaries.
(2) The various utilization rates with respect to Medicare
beneficiaries for each available colorectal cancer screening
option before and after the availability of and coverage of
screening computed tomography colonography under the Medicare
program pursuant to the enactment of this Act, including--
(A) by initial CRC screening performed with respect
to a Medicare beneficiary per year, including the age
of the beneficiary when the initial screening was
performed; and
(B) by follow-on screening performed, whereby the
analysis demonstrates to what extent screening computed
tomography colonography was used as a substitute for a
previous screening procedure.
(3) Access to screening computed tomography colonography by
Medicare beneficiaries, especially in rural areas or
underserved populations, before and after the date of
implementation of coverage of such screening benefit under the
Medicare program pursuant to the enactment of this Act.
(4) Recommendations for such legislation and administrative
action as the Secretary determines appropriate to implement
this Act. | CT Colonography Screening for Colorectal Cancer Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) provide Medicare coverage for screening computed tomography colonography (CTC) as a colorectal cancer screening test, and (2) exclude screening CTC from a special Medicare payment rule applicable to certain imaging services. | {"src": "billsum_train", "title": "CT Colonography Screening for Colorectal Cancer Act of 2015"} | 1,492 | 89 | 0.600446 | 1.401913 | 0.81303 | 2.6875 | 18.015625 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care OverUse Reform Today Act
(HealthCOURT Act) of 2009''.
SEC. 2. ESTABLISHMENT OF PERFORMANCE-BASED QUALITY MEASURES.
Not later than January 1, 2010, the Secretary of Health and Human
Services shall submit to Congress a proposal for a formalized process
for the development of performance-based quality measures that could be
applied to physicians' services under the Medicare program under title
XVIII of the Social Security Act. Such proposal shall be in concert and
agreement with the Physician Consortium for Performance Improvement and
shall only utilize measures agreed upon by each physician specialty
organization.
SEC. 3. AFFIRMATIVE DEFENSE BASED ON COMPLIANCE WITH BEST PRACTICE
GUIDELINES.
(a) Selection and Issuance of Best Practices Guidelines.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
provide for the selection and issuance of best practice
guidelines (each in this subsection referred to as a
``guideline'') in accordance with paragraphs (2) and (3).
(2) Development process.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall enter
into a contract with a qualified physician consensus-building
organization (such as the Physician Consortium for Performance
Improvement), in concert and agreement with physician specialty
organizations, to develop guidelines for treatment of medical
conditions for application under subsection (b). Under the
contract, the organization shall take into consideration any
endorsed performance-based quality measures described in
section 2. Under the contract and not later than 18 months
after the date of the enactment of this Act, the organization
shall submit best practice guidelines for issuance as
guidelines under paragraph (3).
(3) Issuance.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
issue, by regulation, after notice and opportunity for
public comment, guidelines that have been recommended
under paragraph (2) for application under subsection
(b).
(B) Limitation.--The Secretary may not issue
guidelines unless they have been approved or endorsed
by qualified physician consensus-building organization
involved and physician specialty organizations.
(C) Dissemination.--The Secretary shall broadly
disseminate the guidelines so issued.
(b) Limitation on Damages.--
(1) Limitation on noneconomic damages.--In any health care
lawsuit, no noneconomic damages may awarded with respect to
treatment that is within a guideline issued under subsection
(a).
(2) Limitation on punitive damages.--In any health care
lawsuit, no punitive damages may be awarded against a health
care practitioner based on a claim that such treatment caused
the claimant harm if--
(A) such treatment was subject to the quality
review by a qualified physician consensus-building
organization;
(B) such treatment was approved in a guideline that
underwent full review by such organization, public
comment, approval by the Secretary, and dissemination
as described in subparagraph (a); and
(C) such medical treatment is generally recognized
among qualified experts (including medical providers
and relevant physician specialty organizations) as
safe, effective, and appropriate.
(c) Use.--
(1) Introduction as evidence.--Guidelines under subsection
(a) may not be introduced as evidence of negligence or
deviation in the standard of care in any civil action unless
they have previously been introduced by the defendant.
(2) No presumption of negligence.--There would be no
presumption of negligence if a participating physician does not
adhere to such guidelines.
(d) Construction.--Nothing in this section shall be construed as
preventing a State from--
(1) replacing their current medical malpractice rules with
rules that rely, as a defense, upon a health care provider's
compliance with a guideline issued under subsection (a); or
(2) applying additional guidelines or safe-harbors that are
in addition to, but not in lieu of, the guidelines issued under
subsection (a).
SEC. 4. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE TRIBUNALS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399T. STATE GRANTS TO CREATE ADMINISTRATIVE HEALTH CARE
TRIBUNALS.
``(a) In General.--The Secretary may award grants to States for the
development, implementation, and evaluation of administrative health
care tribunals that comply with this section, for the resolution of
disputes concerning injuries allegedly caused by health care providers.
``(b) Conditions for Demonstration Grants.--To be eligible to
receive a grant under this section, a State shall submit to the
Secretary an application at such time, in such manner, and containing
such information as may be required by the Secretary. A grant shall be
awarded under this section on such terms and conditions as the
Secretary determines appropriate.
``(c) Representation by Counsel.--A State that receives a grant
under this section may not preclude any party to a dispute before an
administrative health care tribunal operated under such grant from
obtaining legal representation during any review by the expert panel
under subsection (d), the administrative health care tribunal under
subsection (e), or a State court under subsection (f).
``(d) Expert Panel Review and Early Offer Guidelines.--
``(1) In general.--Prior to the submission of any dispute
concerning injuries allegedly caused by health care providers
to an administrative health care tribunal under this section,
such allegations shall first be reviewed by an expert panel.
``(2) Composition.--
``(A) In general.--The members of each expert panel
under this subsection shall be appointed by the head of
the State agency responsible for health. Each expert
panel shall be composed of no fewer than 3 members and
not more than 7 members. At least one-half of such
members shall be medical experts (either physicians or
health care professionals).
``(B) Licensure and expertise.--Each physician or
health care professional appointed to an expert panel
under subparagraph (A) shall--
``(i) be appropriately credentialed or
licensed in 1 or more States to deliver health
care services; and
``(ii) typically treat the condition, make
the diagnosis, or provide the type of treatment
that is under review.
``(C) Independence.--
``(i) In general.--Subject to clause (ii),
each individual appointed to an expert panel
under this paragraph shall--
``(I) not have a material familial,
financial, or professional relationship
with a party involved in the dispute
reviewed by the panel; and
``(II) not otherwise have a
conflict of interest with such a party.
``(ii) Exception.--Nothing in clause (i)
shall be construed to prohibit an individual
who has staff privileges at an institution
where the treatment involved in the dispute was
provided from serving as a member of an expert
panel merely on the basis of such affiliation,
if the affiliation is disclosed to the parties
and neither party objects.
``(D) Practicing health care professional in same
field.--
``(i) In general.--In a dispute before an
expert panel that involves treatment, or the
provision of items or services--
``(I) by a physician, the medical
experts on the expert panel shall be
practicing physicians (allopathic or
osteopathic) of the same or similar
specialty as a physician who typically
treats the condition, makes the
diagnosis, or provides the type of
treatment under review; or
``(II) by a health care
professional other than a physician, at
least two medical experts on the expert
panel shall be practicing physicians
(allopathic or osteopathic) of the same
or similar specialty as the health care
professional who typically treats the
condition, makes the diagnosis, or
provides the type of treatment under
review, and, if determined appropriate
by the State agency, an additional
medical expert shall be a practicing
health care professional (other than
such a physician) of such a same or
similar specialty.
``(ii) Practicing defined.--In this
paragraph, the term `practicing' means, with
respect to an individual who is a physician or
other health care professional, that the
individual provides health care services to
individual patients on average at least 2 days
a week.
``(E) Pediatric expertise.--In the case of dispute
relating to a child, at least 1 medical expert on the
expert panel shall have expertise described in
subparagraph (D)(i) in pediatrics.
``(3) Determination.--After a review under paragraph (1),
an expert panel shall make a determination as to the liability
of the parties involved and compensation.
``(4) Acceptance.--If the parties to a dispute before an
expert panel under this subsection accept the determination of
the expert panel concerning liability and compensation, such
compensation shall be paid to the claimant and the claimant
shall agree to forgo any further action against the health care
providers involved.
``(5) Failure to accept.--If any party decides not to
accept the expert panel's determination, the matter shall be
referred to an administrative health care tribunal created
pursuant to this section.
``(e) Administrative Health Care Tribunals.--
``(1) In general.--Upon the failure of any party to accept
the determination of an expert panel under subsection (d), the
parties shall have the right to request a hearing concerning
the liability or compensation involved by an administrative
health care tribunal established by the State involved.
``(2) Requirements.--In establishing an administrative
health care tribunal under this section, a State shall--
``(A) ensure that such tribunals are presided over
by special judges with health care expertise;
``(B) provide authority to such judges to make
binding rulings, rendered in written decisions, on
standards of care, causation, compensation, and related
issues with reliance on independent expert witnesses
commissioned by the tribunal;
``(C) establish gross negligence as the legal
standard for the tribunal;
``(D) allow the admission into evidence of the
recommendation made by the expert panel under
subsection (d); and
``(E) provide for an appeals process to allow for
review of decisions by State courts.
``(f) Review by State Court After Exhaustion of Administrative
Remedies.--
``(1) Right to file.--If any party to a dispute before a
health care tribunal under subsection (e) is not satisfied with
the determinations of the tribunal, the party shall have the
right to file their claim in a State court of competent
jurisdiction.
``(2) Forfeit of awards.--Any party filing an action in a
State court in accordance with paragraph (1) shall forfeit any
compensation award made under subsection (e).
``(3) Admissibility.--The determinations of the expert
panel and the administrative health care tribunal pursuant to
subsections (d) and (e) with respect to a State court
proceeding under paragraph (1) shall be admissible into
evidence in any such State court proceeding.
``(g) Definition.--In this section, the term `health care provider'
has the meaning given such term for purposes of part A of title VII.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated for any fiscal year such sums as may be necessary for
purposes of making grants to States under this section.''.
SEC. 5. SENSE OF CONGRESS REGARDING HEALTH INSURER LIABILITY.
It is the sense of Congress that a health insurance issuer should
be liable for damages for harm caused when it makes a decision as to
what care is medically necessary and appropriate. | Health Care OverUse Reform Today Act (HealthCOURT Act) of 2009 - Directs the Secretary of Health and Human Services (HHS) to propose to Congress a formalized process for the development of performance-based quality measures that could be applied to physicians' services under title XVIII (Medicare) of the Social Security Act. Requires the proposal: (1) to be in concert and agreement with the Physician Consortium for Performance Improvement; and (2) utilize only measures agreed upon by each physician specialty organization.
Directs the Secretary to: (1) provide for the selection and issuance of best practice guidelines for treatment of medical conditions; and (2) contract with a qualified physician consensus-building organization (such as the Physician Consortium for Performance Improvement), in concert and agreement with physician specialty organizations, to develop such guidelines.
Prohibits the award of any noneconomic damages in any health care lawsuit with respect to treatment that is within an issued guideline.
Prohibits the award of punitive damages against a health care practitioner in such a lawsuit based on a claim that medical treatment caused the claimant harm if the treatment: (1) was subject to quality review by a qualified physician consensus-building organization; (2) was approved in a guideline that underwent full review by such organization, public comment, the Secretary's approval, and dissemination; and (3) is generally recognized among qualified experts as safe, effective, and appropriate.
Amends the Public Health Service Act to authorize the Secretary to award grants to states for the development, implementation, and evaluation of administrative health care tribunals for the resolution of disputes concerning injuries allegedly caused by health care providers.
Expresses the sense of Congress that a health insurance issuer should be liable for damages for a harm caused when it makes a decision as to what care is medically necessary and appropriate. | {"src": "billsum_train", "title": "To establish Medicare performance-based quality measures, to establish an affirmative defense in medical malpractice actions based on compliance with best practices guidelines, and to provide grants to States for administrative health care tribunals."} | 2,650 | 389 | 0.743118 | 2.393574 | 0.933735 | 5.225989 | 6.892655 | 0.971751 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Income Gasoline Assistance
Program Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to create new emergency assistance
programs to assist families receiving assistance under part A of title
IV of the Social Security Act and low-income working families to meet
the increasing price of gasoline.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered activities.--The term ``covered activities''
means--
(A) work activities;
(B) education directly related to employment; or
(C) activities related to necessary scheduled
medical treatment.
(2) Gasoline.--The term ``gasoline'' has the meaning given
the term in section 4082 of the Internal Revenue Code of 1986.
(3) Household.--The term ``household'' has the meaning
given the term in section 2603 of the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8622).
(4) Poverty level; state median income.--The terms
``poverty level'' and ``State median income'' have the meanings
given the terms in section 2603 of the Low-Income Home Energy
Assistance Act of 1981.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(6) State.--The term ``State'' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
(7) Work activities.--The term ``work activities'' has the
meaning given the term in section 407(d) of the Social Security
Act (42 U.S.C. 607(d)).
SEC. 4. EMERGENCY ASSISTANCE PROGRAMS.
The Secretary shall make grants to States, from allotments made
under section 5, to enable the States to establish emergency assistance
programs and to provide, through the programs, payments to eligible
households to enable the households to purchase gasoline.
SEC. 5. STATE ALLOTMENTS.
From the funds appropriated under section 12 for a fiscal year and
remaining after the reservation made in section 11, the Secretary shall
allot to each State an amount that bears the same relation to such
remainder as the amount the State receives under section 675B of the
Community Services Block Grant Act (42 U.S.C. 9906) for that year bears
to the amount all States receive under that section for that year.
SEC. 6. STATE APPLICATIONS.
(a) In General.--To be eligible to receive a grant under this Act,
a State shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
(b) Contents.--At a minimum, the application shall contain--
(1) information designating a State agency to carry out the
emergency assistance program in the State, which shall be--
(A) the State agency specified in the State plan
submitted under section 402 of the Social Security Act
(42 U.S.C. 602); or
(B) the State agency designated under section
676(a) of the Community Services Block Grant Act (42
U.S.C. 9908(a)); and
(2) information describing the emergency assistance program
to be carried out in the State.
SEC. 7. ELIGIBLE HOUSEHOLDS.
(a) In General.--To be eligible to receive a payment from a State
under this Act, a household shall submit an application to the State at
such time, in such manner, and containing such information as the State
may require.
(b) Contents.--The applicant shall include in the application
information demonstrating that--
(1) 1 or more individuals in the applicant's household
individually drive not less than 30 miles per day, or not less
than 150 miles per week, to or from covered activities; and
(2)(A)(i) 1 or more individuals in that household were
receiving assistance (including services) under the State
program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) within the 24-month period ending
on the date of submission of the application; and
(ii) no individual in that household is receiving that
assistance, as of the date of submission of the application;
(B)(i) 1 or more individuals in that household are
receiving assistance (including services) under that State
program; and
(ii) such individuals are engaged in work activities and
are meeting the other requirements of that part A that are
applicable to recipients of such assistance;
(C) the household meets the eligibility requirements of
section 2605(b)(2)(A) of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8624(b)(2)(A)), other than clause (i) of
that section; or
(D) the household income for the household does not exceed
the greater of--
(i) an amount equal to 150 percent of the poverty
level for the State involved; or
(ii) an amount equal to 60 percent of the State
median income.
(c) Rule.--For purposes of subsection (b)(2)(D), a State--
(1) may not exclude a household from eligibility for a
fiscal year solely on the basis of household income if such
income is less than 110 percent of the poverty level for such
State; but
(2) may give priority to those households with the highest
gasoline costs or needs in relation to household income.
SEC. 8. PROGRAM REQUIREMENTS.
(a) Determination of Trigger Amount.--
(1) Determination of gasoline.--The Secretary of Health and
Human Services, in consultation with the Secretary of Energy,
shall determine a grade of gasoline for which price
determinations will be made under this subsection, which shall
be a type of gasoline that has a specified octane rating or
other specified characteristic.
(2) Determination of calculation.--The Secretary of Health
and Human Services, in consultation with the Secretary of
Energy, shall determine a method for calculating the average
per gallon price of the covered grade of gasoline in each
State.
(3) Baseline.--The Secretary of Health and Human Services,
in consultation with the Secretary of Energy, shall calculate,
in accordance with paragraph (2), the average per gallon price
of the covered grade of gasoline in each State for January,
2000.
(4) Trigger and release prices.--The Secretary of Health
and Human Services, in consultation with the Secretary of
Energy, shall calculate--
(A) the trigger price for each State by multiplying
the price calculated under paragraph (3) by 115
percent; and
(B) the release price for each State by multiplying
the price calculated under paragraph (3) by 110
percent.
(b) Payments.--
(1) Availability.--
(A) Monthly price calculation.--The Secretary of
Health and Human Services, in consultation with the
Secretary of Energy, shall calculate, in accordance
with subsection (a)(2), the average per gallon price of
the covered grade of gasoline in each State for each
month.
(B) Determination.--If the Secretary of Health and
Human Services, in consultation with the Secretary of
Energy, determines that the price in a State calculated
under subparagraph (A) for a month--
(i) is more than the trigger price for the
State, the State shall provide payments in
accordance with this subsection for the
following month; and
(ii) is less than the release price for the
State, the State shall suspend provision of the
payments, not earlier than 30 days after the
date of the determination, for the following
month.
(2) General authority.--Except as provided in subsection
(c), the State shall use funds received through a grant made
under section 4 (including a grant increased under section
11(2)) and any funds made available to the State under section
404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to
make payments under this Act to eligible households.
(3) Period.--An eligible household with an application
approved under section 7 may receive payments under this Act
for not more than 3 months. The household may submit additional
applications under section 7, and may receive payments under
this Act for not more than 3 months for each such application
approved by the State.
(4) Amount.--The State shall make the payments in amounts
of not less than $25, and not more than $75, per month. The
State may determine the amount of the payments on a sliding
scale, taking into consideration the household income of the
eligible households.
(c) State Administration.--The State may use not more than 10
percent of the funds described in subsection (b)(2) to pay for the cost
of administering this Act.
(d) Definitions.--In this section:
(1) Covered grade.--The term ``covered grade'' means the
grade of gasoline determined under subsection (a)(1).
(2) Release price.--The term ``release price'' means the
release price calculated under subsection (a)(4)(B).
(3) Trigger price.--The term ``trigger price'' means the
trigger price calculated under subsection (a)(4)(A).
SEC. 9. TREATMENT OF BENEFITS.
(a) Income or Resources.--Notwithstanding any other law, the value
of any payment provided under this Act shall not be treated as income
or resources for purposes of--
(1) any other Federal or federally assisted program that
bases eligibility, or the amount of benefits, on need; or
(2) the Internal Revenue Code of 1986.
(b) TANF Assistance.--For purposes of part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.), a payment provided under
this Act shall not be considered to be assistance provided by a State
under that part, regardless of whether the State uses funds made
available under section 404(d)(4) of the Social Security Act (42 U.S.C.
604(d)(4)) to make payments under this Act. The period for which such
payments are provided under this Act shall not be considered to be part
of the 60-month period described in section 408(a)(7) of the Social
Security Act (42 U.S.C. 608(a)(7)).
SEC. 10. AUTHORITY TO USE FUNDS FOR TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES.
Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is
amended--
(1) in paragraph (3)(A), by striking ``paragraph (1)'' and
inserting ``paragraph (1) or (4)''; and
(2) by adding at the end the following:
``(4) Other state programs.--A State may use funds from any
grant made to the State under section 403(a) for a fiscal year
to carry out a State program pursuant to the Low-Income
Gasoline Assistance Program Act.''.
SEC. 11. DISCRETIONARY ACTIVITIES BY THE SECRETARY.
The Secretary of Health and Human Services may reserve not more
than 5 percent of the funds appropriated under section 12 for a fiscal
year--
(1) to pay for the cost of administering this Act; and
(2) to increase the cost of a grant made to a State under
section 4, in any case in which the Secretary determines that
emergency conditions relating to gasoline prices exist in that
State.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $500,000,000 for fiscal year 2002 and each subsequent
fiscal year.
(b) Availability.--Any sums appropriated under subsection (a) for a
fiscal year shall remain available until the end of the succeeding
fiscal year. | Low-Income Gasoline Assistance Program Act - Directs the Secretary of Health and Human Services to make grants to enable States to establish emergency assistance programs to make certain payments to eligible households for the purchase of gasoline.Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to authorize a State to use funds from any grant made to the State under the TANF program for a fiscal year to carry out such a State low-income gasoline assistance program pursuant to this Act. | {"src": "billsum_train", "title": "A bill to provide emergency assistance for families receiving assistance under part A of title IV of the Social Security Act and low-income working families."} | 2,613 | 120 | 0.542701 | 1.300389 | 0.595372 | 3.4 | 23.5 | 0.96 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``O&C Lands
Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Modifications to sales authority.
Sec. 4. Modifications to exchange authority.
Sec. 5. Administration of lands acquired in geographic area;
redesignation of public domain lands.
Sec. 6. O&C Lands Protection Fund.
Sec. 7. Timber and surface resource revenue distribution.
Sec. 8. Relationship to Umpqua Land Exchange authority.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) O&C lands.--The term ``O&C lands'' means the lands that
revested in the United States under the Act of June 9, 1916
(Chapter 137; 39 Stat. 218), and that are managed by the
Secretary of the Interior through the Bureau of Land Management
under the Act of August 28, 1937 (43 U.S.C. 1181a et seq.).
(2) Public domain lands.--The term ``public domain lands''
has the meaning given the term ``public lands'' in the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), other than O&C lands.
(3) Geographic area.--The term ``geographic area'' means
all lands in the State of Oregon located within the boundaries
of the Bureau of Land Management's Medford District, Roseburg
District, Eugene District, Salem District, Coos Bay District,
and Klamath Resource Area of the Lakeview District, as those
districts and that resource area were constituted on January 1,
1998.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. MODIFICATIONS TO SALES AUTHORITY.
(a) Limitations on Acreage Sold.--Subject to subsection (b)(2) and
notwithstanding any other sales authority of the Secretary, the
Secretary may not sell more than a maximum combined total of 640 acres
of O&C lands and public domain lands within the geographic area during
each fiscal year, and may not sell more than a maximum combined total
of 6,400 acres of O&C lands and public domain lands within the
geographic area during any continuous 15-year period beginning after
the date of enactment of this Act.
(b) Limitation on Lands To Be Sold.--Notwithstanding any other
sales authority of the Secretary, the Secretary may not sell any O&C
lands or public domain lands within the geographic area that are
located within--
(1) a congressionally designated wilderness area;
(2) the national wild and scenic river system; or
(3) an area designated by the Secretary under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
to be an area of critical environmental concern.
(c) Price; Procedures.--Notwithstanding any other sales authority
of the Secretary, the Secretary shall make all sales of O&C lands and
public domain lands within the geographic area--
(1) at a price that is not less than the fair market value
of the lands sold, as determined by the Secretary; and
(2) by competitive public bidding, under procedures
established by the Secretary that ensure adequate notice to
owners of land adjoining the land proposed for sale, to local
governments in the vicinity of the land proposed for sale, and
to the State of Oregon.
(d) Acquisition of Lands.--
(1) In general.--The Secretary may use amounts in the O&C
Lands Protection Fund established by section 6 to purchase from
willing sellers non-Federal lands located within the geographic
area that are contiguous to other O&C lands or public domain
lands.
(2) Priority of lands for acquisition.--In acquiring lands
under this subsection, the Secretary may give first priority to
satisfying the need, if any, for acquisition of lands adjacent
to streams, riparian areas, or wildlife corridors within the
geographic area that are used by species that are listed as
threatened species or endangered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 4. MODIFICATIONS TO EXCHANGE AUTHORITY.
(a) Limitations on Acreage Exchanged.--Subject to the provisions of
this section and notwithstanding any other exchange authority of the
Secretary, the Secretary may not exchange out of Federal ownership more
than a maximum combined total of 480 acres of O&C lands and public
domain lands within the geographic area during each fiscal year for
non-Federal lands referred to in subsection (c), and may not exchange
out of Federal ownership more than a maximum combined total of 4,800
acres of O&C lands and public domain lands within the geographic area
during any continuous 15-year period beginning after the date of
enactment of this Act.
(b) Limitation on Federal Lands To Be Exchanged.--Notwithstanding
any other exchange authority of the Secretary, the Secretary may not
exchange out of Federal ownership any O&C lands or public domain lands
within the geographic area that are located within--
(1) a congressionally designated wilderness area;
(2) the national wild and scenic river system; or
(3) an area designated by the Secretary under the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)
to be an area of critical environmental concern.
(c) Limitation on Non-Federal Lands Acquired.--Notwithstanding any
other exchange authority of the Secretary, all non-Federal lands
acquired by the Secretary in an exchange for O&C lands or public domain
lands within the geographic area must be located within the geographic
area and contiguous with other O&C lands or public domain lands.
(d) Procedures.--The Secretary shall establish procedures for
exchanges out of Federal ownership of O&C lands and public domain lands
within the geographic area, including--
(1) procedures for valuing the lands exchanged; and
(2) procedures that ensure adequate notice of proposed
exchanges to local governments in the vicinity of all lands to
be exchanged and to the State of Oregon.
(e) Requirements for Value of Exchanged Lands.--Notwithstanding any
other exchange authority of the Secretary, the Secretary may not
exchange out of Federal ownership O&C lands or public domain lands
within the geographic area if the fair market value of the lands
received by the United States in the exchange--
(1) is less than 75 percent of the fair market value of the
lands conveyed by the United States in the exchange; or
(2) is greater than 125 percent of the fair market value of
the lands conveyed by the United States in the exchange.
(f) Equalization Payments.--The Secretary, as necessary to ensure
that the total value received by the United States in an exchange out
of Federal ownership of O&C lands or public domain lands within the
geographic area is equal to the total value conveyed by the United
States in the exchange, shall--
(1) use amounts in the O&C Lands Protection Fund
established by section 3(c) to pay, to the person from whom
lands are acquired by the United States in the exchange, the
difference between the value of the lands received by the
United States and the value of the lands conveyed by the United
States; or
(2) require that person to pay that difference to the
United States.
SEC. 5. ADMINISTRATION OF LANDS ACQUIRED IN GEOGRAPHIC AREA;
REDESIGNATION OF PUBLIC DOMAIN LANDS.
(a) Acquired Lands.--All lands in the geographic area acquired by
the United States after the date of the enactment of this Act shall for
all purposes have the same status, be administered, and be otherwise
treated as lands that were revested in the United States pursuant to
the Act of June 9, 1916 (Chapter 137; 39 Stat. 218) and managed by the
Secretary under the Act of August 28, 1937 (43 U.S.C. 1181 et seq.).
(b) Redesignation of Public Domain Lands for Treatment as Revested
Lands.--
(1) In general.--The Secretary--
(A) before the 180th day of each fiscal year, shall
determine whether there has been a net reduction in the
number of acres of O&C lands during the preceding
fiscal year as a result of disposal of lands by the
United States under any provision of law; and
(B) if the Secretary determines that there was such
a reduction, shall within 90 days after that
determination designate a number of acres of public
domain lands within the geographic area, equal to the
number of acres of that reduction, for treatment as O&C
lands under paragraph (3).
(2) Lands designated.--The Secretary shall designate under
paragraph (1)(B) public domain lands that are stocked with
timber in volumes per acre that are not less than the average
volumes per acre found on the O&C lands and public domain lands
in the geographic area that were disposed of during the
preceding fiscal year.
(3) Treatment of redesignated lands.--Lands designated by
the Secretary under paragraph (1)(B) shall for all purposes
have the same status, be administered, and be otherwise treated
as lands that were revested in the United States pursuant to
the Act of June 9, 1916 (Chapter 136; 39 Stat. 218) and managed
by the Secretary under the Act of August 28, 1937 (43 U.S.C.
1181a et seq.).
(4) Notification of congress.--The Secretary shall, before
the end of each fiscal year, notify the Congress of each
redesignation of lands under this subsection in that fiscal
year.
SEC. 6. O&C LANDS PROTECTION FUND.
(a) In General.--There is established in the Treasury a separate
account to be known as the O&C Lands Protection Fund.
(b) Contents.--The O&C Lands Protection Fund shall consist of all
amounts received by the United States as--
(1) proceeds from sales of O&C lands and public domain
lands within the geographic area; or
(2) equalization payments under section 4(f).
(c) Use.--Amounts in the O&C Lands Protection Fund shall be
available to the Secretary, without fiscal year limitation or further
appropriation, solely for--
(1) purchasing lands under section 3(d);
(2) making equalization payments under section 4(f); and
(3) making distributions under subsection (d) of this
section.
(d) Distributions From Fund.--All amounts in the O&C Lands
Protection Fund on January 1, 2013, and on January 1 of each 15th year
thereafter, shall be distributed as follows:
(1) 5 percent shall be paid to the State of Oregon as
provided in the fifth proposition of section 4 of the Act of
February 14, 1859 (Chapter XXXIII; 11 Stat. 383), as in effect
on the date of the enactment of this Act.
(2) 50 percent shall be deposited in the general fund of
the Treasury of the United States.
(3) 45 percent shall be distributed to the 18 Oregon
counties within which the geographic area is located, by
payment to each of the counties in the same proportion as
payments are made from the Oregon and California land-grant
fund under section 201(a) of the Act of August 28, 1937
(Chapter 876; 43 U.S.C. 1181f(a)).
SEC. 7. TIMBER AND SURFACE RESOURCE REVENUE DISTRIBUTION.
(a) In General.--Notwithstanding any other provision of law, all
revenue received by the United States as proceeds from the sale of
timber and other surface resources from public domain lands within the
geographic area shall be distributed as follows:
(1) 5 percent shall be paid to the State of Oregon as
provided in section 3 of the Act of July 31, 1947 (Chapter 406;
30 U.S.C. 603), popularly known as the Materials Act of 1947,
and the fifth proposition of section 4 of the Act of February
14, 1859 (Chapter XXXIII; 11 Stat. 383), as in effect on the
date of the enactment of this Act.
(2) 50 percent shall be deposited in the Salmon Habitat
Restoration Fund established by subsection (b).
(3) 45 percent shall be distributed to the 18 Oregon
counties within which the geographic area is located, by
payment to each of the counties in the same proportion as
payments are made from the Oregon and California land-grant
fund under section 201(a) of the Act of August 28, 1937
(Chapter 876; 43 U.S.C. 1181f(a)).
(b) Salmon Habitat Restoration.--
(1) In general.--There is established in the Treasury as a
separate account the Salmon Habitat Restoration Fund, which
shall consist of amounts deposited under subsection (a)(2).
(2) Use.--Amounts in the account shall be available to the
Secretary without fiscal year limitation or further
appropriation--
(A) solely for the purpose of stream habitat
restoration and fisheries enhancement projects on O&C
lands and public domain lands within the geographic
area, for so long as any species of salmonoid fish
within the geographic area is listed as a threatened
species or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(B) thereafter for use within the geographic area
for maintenance and development of campgrounds and
other recreation areas on O&C lands or public domain
lands.
SEC. 8. RELATIONSHIP TO UMPQUA LAND EXCHANGE AUTHORITY.
Nothing in this Act shall be construed to limit the authority of
the Secretary to continue to study and implement the Umpqua Land
Exchange Project in accordance with the provisions set forth in the
Memorandum of Understanding between the Umpqua Land Exchange Project
and the Association of O&C Counties dated February 19, 1998. | O&C Lands Protection Act - Establishes specified limitations on the sale and exchange out of Federal ownership by the Secretary of the Interior of O&C and public domain lands within the Bureau of Land Management's (BLM) Medford, Roseburg, Eugene, Salem, and Coos Bay districts and the Klamath Resource Area of the Lakeview District (geographic area) in Oregon. Defines "O&C lands" as certain lands originally granted in Oregon for purposes of establishing railroad and telegraph lines that revested in the United States.
(Sec. 3) Bars the Secretary from selling or exchanging out of Federal ownership any O&C or public domain lands within the geographic area located within: (1) a congressionally designated wilderness area; (2) the national wild and scenic river system; or (3) an area designated to be of critical environmental concern.
Sets forth provisions regarding prices and procedures for making such land sales.
Authorizes the Secretary to: (1) use the O&C Lands Protection Fund (established by this Act) to purchase non-Federal lands located within the geographic area that are contiguous to other O&C or public domain lands; and (2) give first priority to acquiring lands adjacent to streams, riparian areas, or wildlife corridors within such area used by endangered or threatened species.
(Sec. 4) Sets forth procedures for exchanges as well as requirements for the value of exchanged lands.
(Sec. 5) Directs the Secretary to: (1) determine annually whether there has been a net reduction in the acreage of O&C lands during the preceding fiscal year as a result of disposal of lands by the United States; (2) designate an equivalent number of acres of public domain lands within the geographic area for treatment as O&C lands, if there was a reduction; and (3) designate such public domain lands that are stocked with timber in volumes per acre that are not less than the average volumes found on the O&C lands and public domain lands in the area that were disposed of during the preceding fiscal year.
(Sec. 6) Establishes the O&C Lands Protection Fund to be available for purchasing lands, making equalization payments, and making distributions to the State of Oregon and the counties within the geographic area.
(Sec. 7) Allocates revenues received by the United States from the sale of timber and other surface resources from public domain lands within such area to the State of Oregon, the affected counties, and the Salmon Habitat Restoration Fund.
Establishes the Salmon Habitat Restoration Fund for specified activities within the geographic area. | {"src": "billsum_train", "title": "O&C Lands Protection Act"} | 3,173 | 583 | 0.687535 | 2.328508 | 0.774723 | 4.425101 | 5.595142 | 0.927126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continued Free Association with
Palau Act of 2012''.
SEC. 2. APPROVAL OF AGREEMENT.
Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by
adding at the end the following:
``SEC. 105. COMPACT 15TH ANNIVERSARY SECTION 432 REVIEW AGREEMENT.
``(a) In General.--The Agreement and appendices signed by the
United States and the Republic of Palau on September 3, 2010 (in this
section referred to as the `Agreement'), in connection with section 432
of the Compact of Free Association between the Government of the United
States of America and the Government of Palau (48 U.S.C. 1931 note;
Public Law 99-658) (in this section referred to as the `Compact of Free
Association'), are approved--
``(1) except for the extension of Article X of the
Agreement Regarding Federal Programs and Services, and
Concluded Pursuant to Article II of Title Two and section 232
of the Compact of Free Association; and
``(2) subject to the provisions of this section.
``(b) Funding Provisions.--
``(1) Infrastructure maintenance.--The amounts to be
provided by the United States and Palau in fiscal year 2011
under section 2(a) of the Agreement shall be provided in fiscal
year 2013, in addition to the amounts otherwise to be provided
under that section in that fiscal year.
``(2) Fiscal consolidation fund.--The amounts to be
provided by the United States under section 3 of the Agreement
in fiscal years 2011 and 2012 shall be provided in fiscal years
2012 and 2013, respectively, and the amount so provided by the
United States under that section in fiscal year 2012 shall be
reduced by $411,000.
``(3) Infrastructure projects.--The amounts to be provided
by the United States under section 5 of the Agreement in fiscal
years 2011 through 2016 shall be provided in fiscal years 2012
through 2017, respectively.
``(c) Approval of Amendments to Compact Subsidiary Agreements.--
Congress consents to the amendments to the Compact subsidiary
agreements referred to in sections 7 and 8 of the Agreement .
``(d) Application of Related Law.--Section 105(f)(1)(B)(ix) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix) shall be applied by substituting `2024' for `2009'.
``(e) Authorization of Appropriations.--
``(1) Postal services.--There are authorized to be
appropriated to the Department of the Interior $1,500,000 for
each of fiscal years 2012 through 2024 for postal services
related to Palau, the Federated States of Micronesia, and the
Marshall Islands, to remain available until expended. The
Department of the Interior may transfer funds made available
pursuant to this paragraph to the United States Postal Service
so long as domestic postage may be used for mail to Palau, the
Federated States of Micronesia, and the Marshall Islands.
``(2) Continuation of other appropriations.--Appropriations
to the Federal entities referred to in paragraphs (1), (3), and
(4) of section 221(a) of the Compact of Free Association, and
the successors to such Federal entities, to which
appropriations have been made available in fiscal year 2011,
may be made through fiscal year 2024 to carry out the purposes
of those paragraphs, and shall remain available until expended.
``(3) Full faith and credit.--Section 236 of the Compact
applies to the commitments of the United States under sections
1, 2(a), 3, 4(a), and 5 of the Compact Review Agreement, and to
the amounts necessary to conduct the audits required by
Appendix D to the Compact Review Agreement, to the same extent
as such section 236 applies to the Compact. Section 215 of the
Compact shall be applied to such commitments and amounts by
substituting `2011' for `1981'.
``(f) Oversight and Report to Appropriate Congressional
Committees.--
``(1) Finding.--The Congress finds that the Government of
Palau is eligible for certain United States domestic programs.
``(2) Annual report.--
``(A) Report.--The Secretary of the Interior,
because of the Secretary's jurisdiction with respect to
the administration of financial assistance under the
Compact, shall, not later than March 1 of each year,
submit to the Committee on Energy and Natural Resources
of the Senate and to the Committee on Foreign Affairs
and the Committee on Natural Resources of the House of
Representatives, a report on the use and effectiveness
of financial, technical, and other assistance provided
to Palau under any United States domestic program
described in paragraph (1).
``(B) Consultation.--In preparing each report
required by subparagraph (A) with respect to a domestic
program, the Secretary of the Interior shall consult
with the Federal agency or agencies with jurisdiction
over that domestic program.''.
SEC. 3. OFFSETS.
(a) Repeal of Prior Authorization for Civil Administration of Trust
Territory of the Pacific Islands.--Section 3 of the Act of June 30,
1954 (68 Stat. 330, 82 Stat. 1213, chapter 423) is repealed.
(b) Global Health Programs.--Chapter 1 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at
the end the following:
``SEC. 136. LIMITATION ON USE OF FUNDS.
``(a) Limitation.--None of the funds made available to carry out
this chapter or chapter 10 for global health activities for fiscal year
2012 and each fiscal year thereafter through fiscal year 2024 may be
used to provide assistance to the People's Republic of China for such
activities.
``(b) Amount of Reduction.--The total amount that may be obligated
for global health activities for a fiscal year in subsection (a) is
$2,000,000 less than the total amount made available for such
activities for such fiscal year.
``(c) Applicability.--This section applies notwithstanding any
other provision of law enacted after the enactment of this section.''.
(c) Climate Change Funds.--Chapter 4 of part II of the Foreign
Assistance Act of 1961 (relating to the economic support fund) (22
U.S.C. 2346 et seq.) is amended by adding at the end the following:
``SEC. 535. LIMITATION ON USE OF FUNDS.
``(a) Limitation.--None of the funds made available to carry out
this chapter for climate change activities for fiscal year 2012 and
each fiscal year thereafter through fiscal year 2024 may be used to
provide assistance to the People's Republic of China for such
activities.
``(b) Amount of Reduction.--The total amount that may be obligated
for climate change activities for a fiscal year in subsection (a) is
$4,500,000 less than the total amount made available for such
activities for such fiscal year.
``(c) Applicability.--This section applies notwithstanding any
other provision of law enacted after the enactment of this section.''.
(d) Prohibition on Funding for Development Innovation Ventures
(DIV) Program.--Section 667 of the Foreign Assistance Act of 1961 (22
U.S.C. 2427) is amended by adding at the end the following:
``(c)(1) None of the funds made available for fiscal years 2012 and
2013 to the United States Agency for International Development may be
used for the Development Innovation Ventures (DIV) program or any
successor program.
``(2) The total amount that may be obligated by the United States
Agency for International Development for a fiscal year in subsection
(a) is $28,200,000 less than the total amount made available for such
Agency for such fiscal year.
``(3) This subsection applies notwithstanding any other provision
of law enacted after the enactment of this subsection.''.
(e) IMET.--Section 542 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347a) is amended--
(1) by striking ``There are authorized'' and inserting the
following:
``(a) In General.--There are authorized''; and
(2) by adding at the end the following:
``(b) Limitation on Use of Funds.--
``(1) Limitation.--None of the funds made available to
carry out this chapter for fiscal year 2012 and each fiscal
year thereafter through fiscal year 2024 may be used to provide
assistance to Argentina.
``(2) Amount of reduction.--The total amount that may be
obligated under this chapter for a fiscal year in subsection
(a) is $4,500,000 less than the total amount made available for
such activities for such fiscal year.
``(3) Applicability.--This subsection applies
notwithstanding any other provision of law enacted after the
enactment of this subsection.''.
(f) UNESCO.--Chapter 3 of part I of the Foreign Assistance Act of
1961 (22 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 308. LIMITATION ON USE OF FUNDS.
``(a) Limitation.--None of the funds made available for fiscal year
2012 and each fiscal year thereafter through fiscal year 2024 for
United States assessed contributions to the United Nations may be used
for such contributions to the United Nations Educational, Scientific
and Cultural Organization.
``(b) Amount of Reduction.--The total amount that may be obligated
for a fiscal year in subsection (a) for United States assessed
contributions to the United Nations is $4,500,000 less than the total
amount made available for such contributions for such fiscal year.
``(c) Applicability.--This section applies notwithstanding any
other provision of law enacted after the enactment of this section.''.
(g) United States Institute of Peace.--Section 1710 of the United
States Institute of Peace (22 U.S.C. 4609) is amended by adding at the
end the following:
``(e) Limitation on Obligation of Funds.--
``(1) Limitation.--The total amount that may be obligated
to carry out this title for fiscal year 2012 and each fiscal
year thereafter through fiscal year 2024 is $6,811,000 less
than the total amount made available for such purpose for such
fiscal year.
``(2) Applicability.--This subsection applies
notwithstanding any other provision of law enacted after the
enactment of this subsection.''. | Continued Free Association with Palau Act of 2012 - Approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau.
Extends funding for: (1) infrastructure maintenance and projects, (2) the Fiscal Consolidation Fund (at a reduced level for FY2012), and (3) specified federal entities.
Assents to specified amendments to the Compact subsidiary agreements.
Authorizes appropriations to the Department of the Interior for postal services related to Palau, the Federated States of Micronesia, and the Marshall Islands.
States that Congress finds that Palau is eligible for certain U.S. domestic programs.
Prohibits specified funds from being used for: (1) assistance to China or Argentina, (2) the development innovation ventures program, and (3) contributions to the United Nations Educational, Scientific and Cultural Organization (UNESCO). | {"src": "billsum_train", "title": "To approve the Agreement providing terms for a continuation of the free association between the United States and Palau, and for other purposes."} | 2,435 | 206 | 0.624139 | 1.843995 | 0.964351 | 4.236559 | 11.290323 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Rent Act of 2010''.
SEC. 2. RIGHT TO RENT HOME SUBJECT TO FORECLOSURE.
(a) Exercise of Right.--If, at any time after notice under
subsection (b) for an eligible mortgage is provided to the eligible
mortgagor and before the commencement of the 7-day period that ends on
the first date that the foreclosing creditor may first commence or
execute such foreclosure pursuant to such notice, the eligible
mortgagor under the eligible mortgage that is subject to such
foreclosure provides notice in accordance with section 3,
notwithstanding such foreclosure or any other interests in the
property, the eligible mortgagor may, at the sole option of the
eligible mortgagor, continue to occupy the foreclosed property during
the 5-year period that begins upon the commencement of such occupancy,
subject to the requirements of subsection (c).
(b) Limitation on Timing of Foreclosure; Notice of Default and
Right to Rent.--Notwithstanding any other provision of law or any
contract, a foreclosure of an eligible mortgage may not be commenced or
executed before the expiration of the 25-day period (not including
Saturdays, Sundays, and legal public holidays) beginning upon the
receipt, by the eligible mortgagor, of written notice provided by the
foreclosing creditor for the mortgage that--
(1) clearly states that--
(A) the eligible mortgagor is in default on the
mortgage; and
(B) foreclosure on the mortgage may or will be
commenced on account of such default;
(2) clearly states that the eligible mortgagor has the
right, notwithstanding foreclosure, to continue to occupy the
foreclosed property in accordance with this Act, and sets forth
the terms of such occupancy under subsections (a) and (c); and
(3) clearly identifies the first date, pursuant to this
section and any other provisions of law and contract, that such
foreclosure may be commenced.
(c) Terms of Periodic Tenancy.--Occupancy, by an eligible
mortgagor, of a foreclosed property pursuant to subsection (a) shall be
under a periodic month-to-month tenancy under which the owner of the
property may terminate the tenancy for material breach but shall have
no authority, at will, to terminate the tenancy during the occupancy
pursuant to subsection (a) if the mortgagor--
(1) timely pays to the owner of the foreclosed property
rent on a monthly basis in the amount of the fair market rent
for the property determined in accordance with section 4; and
(2) uses property as the principal residence of the
mortgagor.
SEC. 3. REQUIRED NOTICE.
With respect to an eligible mortgage for which notice under section
2(b) has been provided, notice in accordance with this section is
notice that--
(1) is made in writing;
(2) is submitted, by a means under which the act of
delivery is recorded, to--
(A) the court having jurisdiction and venue to
conduct the covered foreclosure proceeding for the
eligible mortgage or, in the case of nonjudicial
foreclosure, the court in which an action is brought
pursuant to section 5; and
(B) the foreclosing creditor; and
(3) states that the eligible mortgagor is exercising the
authority under section 2(a) to continue to occupy the
foreclosed property.
SEC. 4. DETERMINATION OF FAIR MARKET RENT.
(a) Initial Determination.--For purposes of this Act, the fair
market rent for a foreclosed property involved in a covered foreclosure
proceeding shall be the amount that is determined by an independent
appraiser who is licensed or certified, as applicable, to conduct
appraisals in the jurisdiction in which the property is located, who
shall be appointed for such purpose by the court conducting such
proceeding or hearing an action pursuant to section 5.
(b) Periodic Adjustments.--The fair market rent determined under
subsection (a) for a foreclosed property shall be adjusted annually to
reflect changes in the owners' equivalent rent of primary residence
component, for the appropriate city, region, or class of city, as
available, of the Consumer Price Index for All Urban Consumers of the
Bureau of Labor Statistics of the Department of Labor.
(c) Redetermination.--If the owner of a foreclosed property or the
eligible mortgagor under the eligible mortgage requests the court
described in subsection (a) to redetermine the fair market rent for a
foreclosed property determined pursuant to this section (as such amount
may have been adjusted pursuant to subsection (b)) and agrees to pay
any costs of such redetermination (including costs of the appraisal
involved), the court shall provide for redetermination of the fair
market rent for the foreclosed property in the manner provided under
subsection (a), except that no such redetermination shall be made
pursuant to a request under this subsection made before the expiration
of the 12-month period beginning upon the most recent redetermination
conducted at the request of the same party.
SEC. 5. NONJUDICIAL FORECLOSURE PROCEEDINGS.
In the case of any covered foreclosure proceeding that is not
conducted or administered by a court, the eligible mortgagor may bring
an action in an appropriate court of the State in which the foreclosed
property is located for a determination of fair market rent for the
foreclosed property for purposes of this Act, by filing notice in
accordance with section 3 with such court and otherwise complying with
the rules of such court.
SEC. 6. NO BAR TO FORECLOSURE.
This Act may not be construed to delay, or otherwise modify,
affect, or alter any right of a creditor under an eligible mortgage to
foreclose on the mortgage and to sell the foreclosed property in
connection with such foreclosure, except that the right of any owner of
the property to possession of the property shall be subject to the
leasehold interest established pursuant to section 2(c).
SEC. 7. RIGHT TO REINSTATEMENT.
This Act may not be construed to affect any right of any eligible
mortgagor to reinstatement of an eligible mortgage, including any right
established under contract or State law.
SEC. 8. JURISDICTION OF FEDERAL COURTS.
At the option of the eligible mortgagor, a proceeding under section
4 or 5 shall be removed to the appropriate district court of the United
States in accordance with section 1441 of title 28, United States Code.
SEC. 9. EFFECT ON STATE LAW.
(a) Foreclosure Laws.--This Act does not annul, alter, affect, or
exempt any person subject to the provisions of this Act from complying
with the laws of any State regarding foreclosure on residential
properties, except to the extent that such laws are inconsistent with
any provision of this Act, and then only to the extent of such
inconsistency.
(b) Landlord-Tenant Laws.--Nothing in this Act may be construed to
not annul, alter, affect, or exempt any such tenancy created pursuant
to section 2(c) from any applicable State or local laws regarding the
rights or responsibilities of landlords or tenants.
SEC. 10. OVERSIGHT BY HUD.
The Secretary of Housing and Urban Development shall--
(1) monitor compliance with the requirements under this
Act;
(2) make available, and provide, appropriate assistance to
eligible mortgagors in exercising their rights under this Act;
(3) conduct outreach activities appropriate to inform
eligible mortgagors of the provisions of this Act; and
(4) submit to the Congress, not less than annually, reports
describing the implementation of this Act, the extent to which
this Act is utilized by eligible mortgagors, and any issues
regarding such implementation or utilization.
SEC. 11. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Covered foreclosure proceeding.--The term ``covered
foreclosure proceeding'' means a foreclosure proceeding with
respect to an eligible mortgage, and includes any foreclosure
proceeding authorized under the law of the applicable State,
including judicial and non-judicial foreclosure proceedings.
(2) Eligible mortgagor.--The term ``eligible mortgagor''
means a mortgagor under an eligible mortgage.
(3) Eligible mortgage.--The term ``eligible mortgage''
means a first or subordinate mortgage--
(A) on a property that--
(i) is a single family property;
(ii) has been used as the principal
residence of the eligible mortgagor for a
period of not less than 2 years immediately
preceding the initiation of the covered
foreclosure proceeding involved; and
(iii) had a purchase price, at the time
purchased by the eligible mortgagor, that is
less than the median purchase price for
residences that are located in--
(I) the same metropolitan
statistical area; or
(II) if the property is not located
in a metropolitan statistical area or
information for the area is not
available, the same State; and
(B) that was originated before July 1, 2007.
For purposes of subparagraph (A)(iii), the median purchase
price of residences located within a metropolitan area or State
shall be determined according to information collected and made
available by the National Association of Realtors for such area
or State for the most recently completed month for which such
information is available.
(4) Foreclosed property.--The term ``foreclosed property''
means, with respect to a covered foreclosure proceeding, the
single family property that is subject to the eligible mortgage
being foreclosed under the proceeding.
(5) Foreclosing creditor.--The term ``foreclosing
creditor'' means, with respect to a covered foreclosure
proceeding, the creditor that is foreclosing the eligible
mortgage through such proceeding.
(6) Owner.--The term ``owner'' means, with respect to a
foreclosed property, the person who has title to the property
pursuant to the foreclosure proceeding for the property, and
any successor or assign of such person.
(7) Single family property.--The term ``single family
property'' means--
(A) a structure consisting of 1 to 4 dwelling
units;
(B) a dwelling unit in a multi-unit condominium
property together with an undivided interest in the
common areas and facilities serving the property; or
(C) a dwelling unit in a multi-unit project for
which purchase of stock or a membership interest
entitles the purchaser to permanent occupancy of that
unit.
SEC. 12. APPLICABILITY AND SUNSET.
(a) Applicability.--Subject to subsection (b), this Act shall apply
to any covered foreclosure proceeding that has not been finally
adjudicated as of the date of the enactment of this Act.
(b) Sunset.--This Act shall not apply to any foreclosure proceeding
commenced after the expiration of the 5-year period beginning on the
date of the enactment of this Act. | Right to Rent Act of 2010 - Grants eligible mortgagors subject to foreclosure proceedings the right to continue to occupy foreclosed properties subject to the payment of fair market rent for a period of five years that begins upon the commencement of occupancy of such property.
Instructs the Secretary of Housing and Urban Development to: (1) monitor compliance with this Act; (2) provide assistance to eligible mortgagors in exercising their rights under this Act; and (3) conduct outreach activities to inform eligible mortgagors of this Act. | {"src": "billsum_train", "title": "To allow homeowners of moderate-value homes who are subject to mortgage foreclosure proceedings to remain in their homes as renters."} | 2,487 | 117 | 0.574516 | 1.570542 | 0.557283 | 4.326531 | 22.183673 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Coal Power Initiative Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) reliable, affordable, increasingly clean electricity
will continue to power the growing United States economy;
(2) an increasing use of electrotechnologies, the desire
for continuous environmental improvement, a more competitive
electricity market, and concerns about rising energy prices add
importance to the need for reliable, affordable, increasingly
clean electricity;
(3) coal, which, as of the date of enactment of this Act,
accounts for more than \1/2\ of all electricity generated in
the United States, is the most abundant fossil energy resource
of the United States;
(4) coal comprises more than 85 percent of all fossil
resources in the United States and exists in quantities
sufficient to supply the United States for 250 years at current
usage rates;
(5) investments in electricity generating facility
emissions control technology over the past 30 years have
reduced the aggregate emissions of pollutants from coal-based
generating facilities by 21 percent, even as coal use for
electricity generation has nearly tripled; and
(6) continued environmental improvement in coal-based
generation through continued research, development,
demonstration, and commercial application toward an ultimate
goal of near-zero emissions is important and desirable.
SEC. 3. CLEAN COAL POWER INITIATIVE.
(a) In General.--The Secretary of Energy (in this Act referred to
as the ``Secretary'') shall carry out a program of research on and
development, demonstration, and commercial application of clean coal
technologies under--
(1) this Act;
(2) the Federal Nonnuclear Energy Research and Development
Act of 1974 (42 U.S.C. 5901 et seq.);
(3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801
et seq.); and
(4) title XIII of the Energy Policy Act of 1992 (42 U.S.C.
13331 et seq.).
(b) Conditions.--The research, development, demonstration, and
commercial application program described in subsection (a) shall be
designed to achieve cost and performance-based goals established by the
Secretary under section 4.
SEC. 4. COST AND PERFORMANCE-BASED GOALS.
(a) Review and Assessment.--The Secretary shall perform an
assessment that establishes measurable cost and performance-based goals
for 2005, 2010, 2015, and 2020 for the programs authorized by this Act.
Such assessment shall be based on the latest scientific and technical
knowledge, and shall also take into consideration, as appropriate, the
comparative environmental impacts (including emissions of greenhouse
gases) of the energy saved or produced by specific programs.
(b) Consultation.--In establishing the measurable cost and
performance-based goals under subsection (a), the Secretary shall
consult with the private sector, institutions of higher learning,
national laboratories, environmental organizations, professional and
technical societies, and any other persons as the Secretary considers
appropriate.
(c) Schedule.--The Secretary shall--
(1) issue and publish in the Federal Register a set of
draft measurable cost and performance-based goals for the
programs authorized by this Act for public comment--
(A) in the case of a program established before the
date of the enactment of this Act, not later than 120
days after the date of the enactment of this Act; and
(B) in the case of a program not established before
the date of the enactment of this Act, not later than
120 days after the date of establishment of the
program;
(2) not later than 60 days after the date of publication
under paragraph (1), after taking into consideration any public
comments received, transmit to the Congress and publish in the
Federal Register the final measurable cost and performance-
based goals; and
(3) update all such cost and performance-based goals on a
biennial basis.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Clean Coal Power Initiative.--Except as provided in subsection
(c), there are authorized to be appropriated to the Secretary to carry
out the Clean Coal Power Initiative under section 3 $200,000,000 for
each of the fiscal years 2002 through 2011, to remain available until
expended.
(b) Other Coal and Related Technologies Programs.--Except as
provided in subsection (c), there are authorized to be appropriated to
the Secretary $172,000,000 for fiscal year 2002, $179,000,000 for
fiscal year 2003, and $186,000,000 for fiscal year 2004, to remain
available until expended, for other coal and related technologies
research and development programs, which shall include--
(1) Innovations for Existing Plants;
(2) Integrated Gasification Combined Cycle;
(3) advanced combustion systems;
(4) Turbines;
(5) Sequestration Research and Development;
(6) innovative technologies for demonstration;
(7) Transportation Fuels and Chemicals;
(8) Solid Fuels and Feedstocks;
(9) Advanced Fuels Research; and
(10) Advanced Research.
(c) Limit on Use of Funds.--Notwithstanding subsections (a) and
(b), no funds may be used to carry out the activities authorized by
this Act after September 30, 2002, unless the Secretary has transmitted
to the Congress the report required by this subsection and 1 month have
elapsed since that transmission. The report shall include--
(1) with respect to subsection (a), a 10-year plan
containing--
(A) a detailed assessment of whether the aggregate
funding levels provided under subsection (a) are the
appropriate funding levels for that program;
(B) a detailed description of how proposals will be
solicited and evaluated, including a list of all
demonstration activities expected to be undertaken;
(C) a detailed list of technical milestones for
each coal and related technology that will be pursued;
(D) recommendations for a mechanism for recoupment
of Federal funding for successful commercial projects;
and
(E) a detailed description of how the program will
avoid problems enumerated in General Accounting Office
reports on the Clean Coal Technology Program, including
problems that have resulted in unspent funds and
projects that failed either financially or
scientifically;
(2) with respect to subsection (b), a plan containing--
(A) a detailed description of how proposals will be
solicited and evaluated, including a list of all
demonstration activities expected to be undertaken; and
(B) a detailed list of technical milestones for
each coal and related technology that will be pursued;
and
(3) a description of how the programs will be carried out
under subsection (a) and subsection (b) so as to complement
each other and not duplicate activities.
(d) Applicability.--Subsection (c) shall not apply to any program,
project, or activity begun before September 30, 2001.
SEC. 6. PROJECT CRITERIA.
(a) In General.--The Secretary shall not provide funding for any
research, development, demonstration, or commercial application of coal
and related technologies that do not advance efficiency, environmental
performance, and cost competitiveness well beyond the level of
technologies that are in operation or have been demonstrated as of the
date of the enactment of this Act.
(b) Technical Criteria for Clean Coal Power Initiative.--
(1) Sequestration and gasification.--(A) In allocating the
funds authorized under section 5(a), the Secretary shall ensure
that at least 80 percent of the funds are used only for
projects on carbon sequestration, or coal-based gasification
technologies, including gasification combined cycle,
gasification fuel cells, gasification coproduction and hybrid
gasification/combustion.
(B) The Secretary shall set technical milestones specifying
emissions levels that coal gasification projects must be
designed to and reasonably expected to achieve. The milestones
shall get more restrictive through the life of the program. The
milestones shall be designed to achieve by 2020 coal
gasification projects able--
(i) to remove 99 percent of sulfur dioxide;
(ii) to emit no more than .05 lbs of NOx per
million BTU;
(iii) to remove 95 percent of mercury; and
(iv) to achieve a thermal efficiency of 60 percent
(higher heating value).
(2) Other projects.--For projects not described in
paragraph (1), the Secretary shall set technical milestones
specifying emissions levels that the projects must be designed
to and reasonably expected to achieve. The milestones shall get
more restrictive through the life of the program. The
milestones shall be designed to achieve by 2010 projects able--
(A) to remove 97 percent of sulfur dioxide;
(B) to emit no more than .08 lbs of NOx per million
BTU;
(C) to remove 90 percent of mercury; and
(D) to achieve a thermal efficiency of 45 percent
(higher heating value).
(c) Financial Criteria.--The Secretary shall not provide a funding
award for any research, development, demonstration, or commercial
application of coal and related technologies unless the recipient of
the award has documented to the satisfaction of the Secretary that--
(1) the award recipient is financially viable without the
receipt of additional Federal funding;
(2) the recipient will provide sufficient information to
the Secretary for the Secretary to ensure that the award funds
are spent efficiently and effectively; and
(3) a market exists for the technology being demonstrated
or applied, as evidenced by statements of interest in writing
from potential purchasers of the technology.
(d) Federal Share.--The Federal share of the cost of a coal or
related technology project funded by the Secretary shall not exceed 50
percent. | Clean Coal Power Initiative Act of 2001 - Directs the Secretary of Energy to: (1) carry out programs of research on and development, demonstration, and commercial application of clean coal technologies, and other specified coal and related technologies; and (2) perform an assessment that establishes cost and performance goals for such programs for specified five-year periods. | {"src": "billsum_train", "title": "To authorize research, development, demonstration, and commercial application activities relating to clean coal technologies, and for other purposes."} | 2,051 | 70 | 0.557485 | 1.427911 | 1.216229 | 3.617647 | 28.926471 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White Bluffs Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The White Bluffs, located on the Columbia River from
river mile 354 to river mile 376 in the State of Washington,
are a scenic example of pristine landscapes that should be
protected.
(2) The White Bluffs have been eroding at a more rapid rate
since the construction of the Columbia Basin Project by the
Bureau of Reclamation.
(3) Federal and local officials have identified the erosive
action of the Columbia River and return flows associated with
the Columbia Basin Project as two of the factors contributing
to the movement of ancient landslide masses in the White Bluffs
area.
(4) The movement of large landslide masses of the White
Bluffs may change the course of the Columbia River to some
degree, damaging the opposite south shore and degrading the
quality of Columbia River water by slide debris and aggradation
of the Columbia River channel downstream, both of which could
endanger salmon spawning grounds of the Hanford Reach.
(5) The largest, closest source of Columbia Basin Project
water to the White Bluffs is the product of two canal
wasteways.
(6) These two canal wasteways can be modified to reduce the
standing water above the White Bluffs.
SEC. 3. ACTIONS BY BUREAU OF RECLAMATION TO PROTECT WHITE BLUFFS,
WASHINGTON.
(a) Wasteway Modifications.--The Secretary of the Interior, acting
through the Bureau of Reclamation--
(1) may construct a channel for the Wahluke Branch 10
Wasteway of the Columbia Basin Project, that will effectively
drain all standing water above the White Bluffs within the
Wahluke Slope Habitat Management Area, Washington; and
(2) may take such steps as are necessary to eliminate the
White Bluffs Wasteway.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior, to remain available
until expended--
(1) $4,000,000 to carry out subsection (a)(1); and
(2) $1,000,000 to carry out subsection (a)(2).
SEC. 4. STUDY OF THE WAHLUKE SLOPE.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of the Interior shall enter into an
agreement with the National Academy of Sciences to conduct a study of
the land use options for the land owned by the Department of Energy
within the Hanford Reservation known as Wahluke Slope in the State of
Washington.
(b) Study Contents.--The study under subsection (a) shall include
the following:
(1) Examination of the potential environmental, economic,
and cultural impacts of various land use options for the
Wahluke Slope region, such as agriculture (including grazing,
mining, and farming), industry, recreation, specific
preservation, and use as a buffer zone for the Department of
Energy's radioactive waste management efforts.
(2) Review of existing land use plans, environmental impact
studies, and scientific and technical literature.
(3) Convening of workshops, as necessary, to assess the
following impacts (positive or negative) for each option:
(A) The impact on current water rights, future
water needs, and water management alternatives.
(B) The impact on habitat and federally protected
species.
(C) The impact on the White Bluffs.
(D) The impact on the local economy.
(E) The Impact of existing archeological resources.
(c) Report.--
(1) In general.--Not later than 2 years after the date on
which the Secretary of the Interior enters into the agreement
under subsection (a), the National Academy of Sciences shall
submit a report concerning the study to the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(2) Use of previous studies.--The report under paragraph
(1) may be based in part on, but may not be limited to, the
work and scope of previous studies, including any of the
following:
(A) The Hanford Reach of the Columbia River
comprehensive conservation study and environmental
impact statement.
(B) The Hanford Reach protection and management
program's interim action plan.
(C) The study known as the ``Red Zone'' study.
(D) The Hanford remedial action and land use.
(E) The Wahluke 2000 proposal.
(F) The Nature Conservancy biological inventories.
(3) Requirement.--The report under paragraph (1) shall set
forth the findings, conclusions, and recommendations of the
National Academy of Sciences regarding future land use options,
including the need for any congressional action.
(d) Suspension of Changes in Management or Use of Wahluke Slope.--
No change may be made in the management or use of the Wahluke Slope
before the expiration of the one-year period beginning on the date of
the submission of the report under subsection (c).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $600,000 for the study
under this section. | Directs the Secretary to enter into an agreement with the National Academy of Sciences to study and report to specified congressional committees on the land use options for the Wahluke Slope. Prohibits any change in the management or use of the Slope until one year after submission of such report. Authorizes appropriations. | {"src": "billsum_train", "title": "White Bluffs Protection Act"} | 1,120 | 69 | 0.473 | 1.274891 | 0.459466 | 3.4 | 19.090909 | 0.890909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buyback Our Safety Act''.
SEC. 2. GUN BUYBACK GRANT PROGRAM.
(a) In General.--The Attorney General, through the Assistant
Attorney General for the Office of Justice Programs of the Department
of Justice, shall establish a gun buyback grant program under which the
Assistant Attorney General may make grants to law enforcement agencies
of States, units of local government, and Indian tribal governments to
assist in funding gun buyback programs carried out by such agencies.
(b) Gun Buyback Program Defined.--For purposes of this section, the
term ``gun buyback program'' means, with respect to a law enforcement
agency of a State, unit of local government, or Indian tribal
government, a program carried out by such agency under which guns are
purchased or surrendered to such agency.
(c) Applications.--A law enforcement agency described in subsection
(a) desiring a grant under this section shall submit to the Assistant
Attorney General for the Office of Justice Programs an application for
the grant, in accordance with subsection (d) and which shall be in such
form and contain such information as the Assistant Attorney General may
require.
(d) Requirements.--The Assistant Attorney General may make a grant
under this section to a law enforcement agency described in subsection
(a), with respect to a gun buyback program, only if the application
submitted under subsection (c) by such agency provides assurances
that--
(1) the law enforcement agency will adequately advertise
such program to the public;
(2) such program will be administered by law enforcement
personnel;
(3) all guns received through such program will remain in
the possession of law enforcement personnel;
(4) adequate safeguards will be established and followed to
prevent the occurrence of fraud in such program;
(5) the law enforcement agency will have in place a process
to test on site a gun purchased from an individual through such
program before payment is provided to such individual; and
(6) an adequate process will be in place to destroy all
guns received through such program.
(e) Matching Requirement.--
(1) In general.--Subject to paragraph (2), to be eligible
for a grant under this section, a law enforcement agency must
certify that the law enforcement agency will match all Federal
funds provided under such grant with an equal amount of cash or
in-kind goods or services from other non-Federal sources.
(2) Waiver.--The Assistant Attorney General for the Office
of Justice Programs may waive, wholly or in part, the matching
requirement under paragraph (1) with respect to a grant made
under this section to a law enforcement agency for a gun
buyback program if such program provides for obtaining only the
guns identified by the National Academy of Sciences pursuant to
subsection (f).
(f) National Academy of Sciences Standards.--The Attorney General,
through the Assistant Attorney General for the Office of Justice
Programs, shall enter into an arrangement with the National Academy of
Sciences to develop standards for identifying, and identify, guns that
are the most likely to be used in violent crimes and establish a
pricing scale for purchasing guns so identified through gun buyback
programs receiving grants under this section.
(g) Reports.--
(1) Reports required by grantees.--In the case of a law
enforcement agency described in subsection (a) receiving a
grant under this section with respect to a gun buyback program,
such agency shall submit to the Assistant Attorney General for
the Office of Justice Programs--
(A) not later than 90 days after receipt of such
grant and every 90 days thereafter during the period
for which the program is carried out, a report
including--
(i) the number and types of guns collected
and destroyed through such program during such
period; and
(ii) recommendations for improving future
gun buyback programs in the jurisdiction of
such agency; and
(B) not later than 90 days after the last day of
such program, a final report including the information
described in each of subclauses (I) and (II) of clause
(i) with respect to the duration of the program.
(2) Reports by the office of justice programs.--Not later
than one year after the date of the enactment of this section
and annually thereafter, the Assistant Attorney General for the
Office of Justice Programs shall submit to Congress a report
on--
(A) the number of gun buyback programs that
received funding under this section;
(B) the number of guns received through each such
gun buyback program;
(C) the total number of guns purchased through all
such gun buyback programs; and
(D) recommendations on improving the grant program
under this section and gun buyback programs.
(h) Definitions.--For purposes of this section:
(1) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
(2) Unit of local government.--The term ``unit of local
government'' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
(3) Violent crime.--The term ``violent crime'' means
murder, non-negligent manslaughter, forcible rape, robbery, and
aggravated assault, as reported by the Federal Bureau of
Investigation for purposes of the Uniform Crime Report.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for the period of
fiscal years 2018 through 2022. | Buyback Our Safety Act This bill authorizes the Department of Justice's Office of Justice Programs (OJP) to establish a gun buyback grant program for state, local, and tribal law enforcement agencies. The OJP must enter into an arrangement with the National Academy of Sciences to develop standards to identify the guns likely to be used in violent crimes and to establish a pricing scale for guns purchased through a gun buyback program. | {"src": "billsum_train", "title": "Buyback Our Safety Act"} | 1,239 | 93 | 0.531192 | 1.369961 | 0.788511 | 3.85 | 14.525 | 0.925 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``ILSA Enhancement
and Compliance Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996
Sec. 101. Multilateral regime.
Sec. 102. Imposition of sanctions.
Sec. 103. Description of sanctions.
Sec. 104. Termination of sanctions.
Sec. 105. Sunset.
Sec. 106. Definitions.
Sec. 107. Effective date.
TITLE II--OFFICE OF GLOBAL SECURITY RISK IN THE SECURITIES AND EXCHANGE
COMMISSION
Sec. 201. Establishment of office.
Sec. 202. Reports.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 16, 2003, the Under Secretary for Arms
Control and International Security, John R. Bolton, stated
before the Committee on International Relations of the House of
Representatives that: ``Without question, among rogue states,
those most aggressively seeking to acquire or develop weapons
of mass destruction and their means of delivery, and which are
therefore threats to our national security, are Iran and North
Korea, followed by Libya and Syria. It is also the case that
these states are among those we identify as state sponsors of
terrorism.''.
(2) In his statement before the International Atomic Energy
Agency (IAEA) of the United Nations on September 8, 2003,
United States Ambassador Kenneth Brill denounced Iran's
patterns of deception regarding its nuclear program by
declaring Iran to be ``working in secret, going back into the
1980s, to develop sophisticated nuclear facilities; stalling,
stonewalling, and on a number of occasions first providing the
IAEA false information, and then changing its story when the
original version was revealed to be inaccurate; and attempting
to cover up traces of its activities to avoid detection by the
Agency''.
(3) The Final Resolution of the Board of Governors of the
International Atomic Energy Agency on September 11, 2003, noted
with concern, ``that the agency environmental sampling at
Natanz has revealed the presence of two types of highly
enriched uranium, which requires additional work to enable the
Agency to arrive at a conclusion; that IAEA inspectors found
considerable modifications had been made to the premises at the
Kalaye Electric Company prior to inspections that may impact on
the accuracy of the environmental sampling; that some of Iran's
statements to the IAEA have undergone significant and material
changes, and that the number of outstanding issues has
increased since the report; and that despite the Board's
statement in June 2003 encouraging Iran as a confidence-
building measure, not to introduce nuclear material into its
pilot centrifuge enrichment cascade at Natanz, Iran has
introduced such material''.
(4) The Government of Iran, in a letter to the
International Atomic Energy Agency of August 19, 2003,
acknowledged that, in the early 1990s, there had been ``bench
scale'' uranium conversion experiments. Iran has indicated that
more time will be needed to find the people involved in these
experiments and to trace any other closed down facilities.
(5) Iranian authorities have stated that none of the
imported uranium had been processed and specifically, that it
had not been used in any centrifuge tests. It was observed,
however, during IAEA verification in March 2003, that some of
the UF<INF>6</INF> was in fact missing from the two small
cylinders.
(6)(A) Iranian authorities told the International Atomic
Energy Agency that the decision to launch a centrifuge
enrichment program had actually been taken in 1985 and that
Iran had received drawings of the centrifuge through a foreign
intermediary around 1987.
(B) The Iranian authorities described the program as having
consisted of three phases: activities during the first phase,
from 1985 until 1997, had been located mainly at the Atomic
Energy Organization of Iran (AEOI) premises in Tehran; during
the second phase, between 1997 and 2002, the activities had
been concentrated at the Kalaye Electric Company in Tehran;
during the third phase, 2002 to the present, the research and
development and assembly activities were moved to the Natanz
facility.
(7) In the August 19, 2003, letter from Iran, the
International Atomic Energy Agency was informed that, in the
past, apart from planned co-operation in laser fusion and laser
spectroscopy which never materialized, there had been a
research thesis on laser spectroscopy prepared by a university
student in co-operation with the laser division of the Atomic
Energy Organization of Iran. Such a study by the AEOI could
later prove to be relevant to the implementation of laser
enrichment programs in Iran.
(8) In September 2003, Britain, France, and Germany
nevertheless offered western technology to Iran if it stopped
its nuclear fuel enrichment program and accepted more intrusive United
Nations inspections of its nuclear facilities, all in defiance of the
United States efforts to achieve a united front to counter the
burgeoning Iranian nuclear program.
(9) European oil investment and credit provisions have
unquestionably helped the Iranian economy by enabling it to
build its nuclear program. The Iranians are boasting that as
much as $20,000,000,000 in oil agreements have been signed
between Iran and European Union countries since 1995.
(10) France's Totalfina formed a multi-billion dollar
consortium to develop Iranian oil fields of South Pars in 1995
and has been adding to its development ever since. Britain has
issued credit guarantees to back up its oil investments in Iran
as well.
(11) Germany is actively seeking to increase its exports to
Iran and in 2001 it quadrupled its export insurance to that
country. The French bank BNP Paribas has arranged
$2,230,000,000 in loans for Iran since 1990.
(12) Europe has also been actively seeking a European
Union-Iran trade pact, formally giving the go-ahead to pursue
investments in Iran.
(13) The Assistant Secretary of State for Nonproliferation,
John S. Wolf, in testimony before the Committee on Foreign
Relations of the Senate on March 19, 2003, stated that: ``Libya
has crossed the nuclear threshold and is among the list of
nuclear wannabees. These wannabees seek nuclear weapons
capabilities even though they are all parties to the [Treaty on
the Non-Proliferation of Nuclear Weapons].''.
(14) In testimony before the Select Committee on
Intelligence of the Senate on February 10, 2003, the Director
of Central Intelligence, George J. Tenet, remarked: ``Libya
clearly intends to reestablish its offensive chemical weapons
capability and has produced at least 100 tons of chemical
agents at its Rabta facility.''.
(15) In addition to manufacturing and possessing chemical
weapons, Libya has a history of employing them. According to
the Department of Defense, in 1987 Libya employed chemical
agents against troops from its neighboring country of Chad.
Libya has used missiles and aircraft in combat. Libya also
``fired SCUD missiles at an Italian island in 1987'', according
to the 2001 Department of Defense ``Proliferation: Threat and
Response'' Report.
(16) According to the same report, Libya may be capable of
producing small quantities of biological agents. And, ``with
the suspension of UN sanctions, Libya's ability to acquire
biological-related equipment and expertise will increase''.
(17) The Government of Libya continues to seek ballistic
missile delivery systems that could be used for chemical or
nuclear warfare. On October 31, 2002, the director of the
United States Missile Defense Agency, Lieutenant General Ronald
Kadish, stated: ``The Libyans have been pretty active in trying
to get missile capability, and not just short-range. They have
enough money to buy it . . . We worry a lot about Libya in the
Missile Defense Agency.''.
TITLE I--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996
SEC. 101. MULTILATERAL REGIME.
(a) Multilateral Negotiations.--Section 4(a) of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
(1) by inserting ``and Libya'' after ``Iran''; and
(2) by striking ``Iran's efforts'' and inserting ``the
efforts of both Iran and Libya''.
(b) Reports to Congress.--Section 4(b) of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as
follows:
``(b) Reports to Congress.--The President shall prepare and
transmit to the appropriate congressional committees not later than 6
months after the date of enactment of the ILSA Enhancement and
Compliance Act, and once every 6 months thereafter, a report on the
specific diplomatic efforts undertaken pursuant to subsection (a), the
results of these efforts, and a description of proposed diplomatic
efforts pursuant to such subsection. Each report shall include--
``(1) the countries that have agreed to undertake measures
to further the objectives of section 3 with respect to either
Iran or Libya;
``(2) a description of those measures, including--
``(A) government actions with respect to public or
private entities (or their subsidiaries) located in
their territories, that are engaged in Iran or Libya;
``(B) any decisions by the governments of these
countries to rescind or continue the provision of
credits, guarantees, or other governmental assistance
to these entities; and
``(C) actions taken in international fora to
further the objectives of section 3; and
``(3) the countries that have not agreed to undertake
measures to further the objectives of section 3 with respect to
Iran or Libya, and the reasons therefor.''.
(c) Suspension.--Section 4(c) of the Iran and Libya Sanctions Act
of 1996 (50 U.S.C. 1701 note) is amended to read as follows:
``(c) Suspension.--The President may suspend the application of
section 5(a) with respect to nationals of a country on a case by case
basis for a period of not more than 6 months, if the President
certifies to the appropriate congressional committees at least 30 days
before the suspension is to take effect that--
``(1) the suspension is vital to the national security of
the United States; and
``(2) the country has undertaken substantial measures,
including economic sanctions, to prevent the acquisition and
development of weapons of mass destruction by the Government of
Iran or Libya, as the case may be, and to carry out activities
described in section 2 of this Act.''.
(d) Investigations.--Section 4 of the Iran and Libya Sanctions Act
of 1996 (50 U.S.C. 1701 note) is amended by adding at the end the
following new subsection:
``(f) Investigations.--
``(1) In general.--Upon public or private disclosure of
activity related to investment in Iran or Libya as described in
this Act, the President shall direct the Secretary of the
Treasury to initiate an investigation into the possible
imposition of sanctions with respect to such activity and to
provide a recommendation to the President for such purposes.
``(2) Determination and notification.--Not later than 90
days after the date of the disclosure of activity described in
paragraph (1), the President shall make a determination whether
or not to impose sanctions with respect to the activity and
shall notify the appropriate congressional committees of the
basis for this determination.''.
SEC. 102. IMPOSITION OF SANCTIONS.
(a) Sanctions With Respect to Development of Petroleum Resources.--
Section 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is amended--
(1) in the heading, by striking ``to Iran'' and inserting
``to Development of Petroleum Resources'';
(2) by striking ``, with actual knowledge,''; and
(3) by striking ``Iran's ability to develop petroleum
resources in Iran'' and inserting ``the ability of Iran or
Libya to develop petroleum resources, as the case may be''.
(b) Sanctions With Respect to Development of Weapons of Mass
Destruction or Other Military Capabilities.--Section 5(b) of the Iran
and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to
read as follows:
``(b) Mandatory Sanctions With Respect to Development of Weapons of
Mass Destruction or Other Military Capabilities.--Notwithstanding any
other provision of law, the President shall impose 2 or more of the
sanctions described in paragraphs (1) through (6) of section 6 if the
President determines that a person has, on or after the date of the
enactment of this Act, exported, transferred, or otherwise provided to
Iran or Libya any goods, services, technology, or other items the
provision of which significantly and materially--
``(1) contributed to the ability of Iran or Libya to
acquire chemical, biological, or nuclear weapons or
destabilizing numbers and types of advanced conventional
weapons or enhanced the military or paramilitary capabilities
of Iran or Libya; or
``(2) contributed to the ability of Iran or Libya to
maintain its aviation capabilities.''.
(c) Persons Against Which the Sanctions Are To Be Imposed.--Section
5(c)(2) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701
note) is amended--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) is a private or government lender, insurer,
underwriter, re-insurer, or guarantor of the person
referred to in paragraph (1).''.
SEC. 103. DESCRIPTION OF SANCTIONS.
Paragraphs (1) through (6) of section 6 of the Iran and Libya
Sanctions Act 1996 (50 U.S.C. 1701 note) is amended by striking ``may''
each place it occurs and inserting ``shall''.
SEC. 104. TERMINATION OF SANCTIONS.
Section 8 of the Iran and Libya Sanctions Act 1996 (50 U.S.C. 1701
note) is amended--
(1) in subsection (a)--
(A) by striking the heading;
(B) in the introductory matter preceding paragraph
(1)--
(i) by inserting ``or Libya'' after
``Iran'' the first place it appears; and
(ii) by inserting ``or Libya, as the case
may be'' after ``Iran'' the second place it
appears;
(C) in paragraph (1)(C), by striking ``and'' at the
end;
(D) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(E) by adding at the end the following:
``(3) poses no threat to the national security of the
United States, its interests, or allies.''; and
(2) by striking subsection (b).
SEC. 105. SUNSET.
Section 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is hereby repealed.
SEC. 106. DEFINITIONS.
(a) Investment.--Section 14(9) of the Iran and Libya Sanctions Act
of 1996 (50 U.S.C. 1701 note) is amended in the last sentence by
striking ``does not include'' and inserting ``includes''.
(b) Person.--Section 14(14)(B) of the Iran and Libya Sanctions Act
of 1996 (50 U.S.C. 1701 note) is amended--
(1) by inserting after ``trust'' the following: ``,
financial institution, insurer, underwriter, re-insurer,
guarantors''; and
(2) by striking ``operating as a business enterprise''.
(c) Petroleum Resources.--Section 14(15) of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
(1) by striking ``and'' and inserting a comma; and
(2) by inserting ``, and petroleum by-products'' after
``resources''.
SEC. 107. EFFECTIVE DATE.
The amendments made by sections 102 and 103 shall apply to
investments made on or after the date of the enactment of this Act.
TITLE II--OFFICE OF GLOBAL SECURITY RISK IN THE SECURITIES AND EXCHANGE
COMMISSION
SEC. 201. ESTABLISHMENT OF OFFICE.
The Securities and Exchange Commission shall establish an Office of
Global Security Risk within the Division of Corporation Finance. The
duties of this office shall include, but will not be limited to:
(1) Establishing a process by which the Commission
identifies all issuers (as defined in section 2(a)(7) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7))) that are
operating in countries, particularly Iran and Libya, the
governments 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)), have repeatedly provided
support for acts of international terrorism.
(2) Ensuring that all issuers operating in countries
described in paragraph (1) are disclosing to investors the
nature of their operations in such countries.
(3) Implementing enhanced disclosure requirements based on
the asymmetric nature of the risk to corporate share value and
reputation stemming from business interests in these higher
risk countries.
(4) Coordinating with other government agencies to ensure
the sharing of relevant information across the Federal
Government.
(5) Initiating a global dialogue to ensure that foreign
corporations whose shares are traded in the United States are
properly disclosing their activities in countries described in
paragraph (1) to United States investors.
SEC. 202. REPORTS.
The Commission shall provide the appropriate Congressional
committees with quarterly reports on the activities of Office of Global
Security Risk established pursuant to section 201. | ILSA Enhancement and Compliance Act - Amends the Iran and Libya Sanctions Act of 1996 to urge the President to immediately commence diplomatic efforts to establish a multilateral sanctions regime against Libya (currently limited to Iran). Expands reporting requirements by the President to Congress to cover Libya and specified governmental actions and assistance with respect to Iran or Libya.
Authorizes the President to suspend the application of sanctions upon certification that: (1) the suspension is vital to national security; and (2) the country has undertaken substantial measures to prevent the acquisition and development of weapons of mass destruction by the Government of Iran or Libya.
Directs the President: (1) upon disclosure of specified activity related to investment in Iran or Libya, to direct the Secretary of the Treasury to initiate an investigation; and (2) to impose two or more of specified mandatory sanctions upon determining that a person has provided to Iran or Libya any goods, services, technology, or other items which significantly and materially contributed to their ability to acquire chemical, biological, or nuclear weapons or specified other capabilities.
Makes specified sanctions under the Act mandatory. Repeals the Act's sunset provision.
Directs the Securities and Exchange Commission to establish an Office of Global Security Risk to: (1) establish a process for identifying all issuers that are operating in countries (particularly Iran and Libya) whose governments have repeatedly provided support for acts of international terrorism; and (2) ensure and enhance issuer disclosures regarding operations, risks of operating, and activities in such countries. | {"src": "billsum_train", "title": "To amend the Iran and Libya Sanctions Act of 1996 to prevent the direct and indirect financing of the development of weapons of mass destruction programs by Iran and Libya, and for other purposes."} | 4,172 | 311 | 0.481264 | 1.55058 | 0.715882 | 3.806122 | 12.636054 | 0.908163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Country Educational
Empowerment Zone Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A unique legal and political relationship exists
between the United States and Indian tribes that is reflected
in article I, section 8, clause 3 of the Constitution, various
treaties, Federal statutes, Supreme Court decisions, executive
agreements, and course of dealing.
(2) Native Americans continue to rank at the bottom of
nearly every indicator of social and economic well-being in
America:
(A) Unemployment rates average near 50 percent in
Indian country and hover well over 90 percent on many
reservations.
(B) While the national poverty rate is only 11
percent, over 26 percent of all Native Americans live
in poverty.
(C) In addition, Native Americans have some of the
lowest levels of educational attainment in the United
States.
(3) Numerous external efforts at economic development in
Indian Country have proven unsuccessful. The most successful
efforts have been initiated from within the Native communities
themselves. Efforts that empower the communities and give them
the tools to make their own decisions should be encouraged and
pursued.
(4) Educational achievement continues to be a cyclical
obstacle to economic development in Indian Country. Businesses
are often unwilling to locate to Indian Country because of the
lack of an educated workforce. Over a quarter of all Americans
have a bachelors degree or higher. However, only 12 percent of
all Native Americans nationwide have such a degree, and only 6
percent of those who actually live in Indian Country have a
bachelors or higher. Once Natives are finally able to obtain
higher education, many are not able to return to their
communities because there are no jobs. There needs to be an
intervening factor to help break this damaging cycle.
SEC. 3. LOAN FORGIVENESS FOR EMPLOYMENT IN INDIAN COUNTRY.
Part B of title IV of the Higher Education Act of 1965 is amended
by inserting after section 428K (20 U.S.C. 1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR EMPLOYMENT IN INDIAN COUNTRY.
``(a) Purpose.--It is the purpose of this section--
``(1) to dramatically increase in the number of individuals
with higher education degrees working within and for Indian
country;
``(2) to facilitate economic growth and development in
Indian country, and promote Tribal sovereignty;
``(3) to encourage members of Indian tribes with higher
education degrees to return to Indian country;
``(4) to encourage the long-term retention of educated
individuals in Indian country; and
``(5) to encourage public service in Indian country, and to
encourage investment in Indian country through an increase in
the education level of the available workforce.
``(b) Program Authorized.--
``(1) In general.--From the funds appropriated under
subsection (g), the Secretary shall carry out a program of
assuming the obligation to repay, pursuant to subsection (c), a
loan made, insured, or guaranteed under this part or part D
(excluding loans made under sections 428B and 428C, or
comparable loans made under part D) for any borrower, who--
``(A) obtains or has obtained a bachelor's or
graduate degree from an institution of higher
education; and
``(B) obtains employment in Indian country.
``(2) Award basis; priority.--
``(A) Award basis.--Subject to subparagraph (B),
loan repayment under this section shall be on a first-
come, first-served basis, and subject to the
availability of appropriations.
``(B) Priorities.--The Secretary shall, by
regulation, establish a system for giving priority in
providing loan repayment under this section to
individual based on the following factors:
``(i) The level of poverty in the locality
within Indian country where the individual is
employed.
``(ii) Whether the individual is an
enrolled member of an Indian tribe.
``(iii) Whether such enrolled member is
performing employment in the Indian country of
the Indian tribe in which they are enrolled.
``(iv) The ratio of the individual's
student loan debt to the individual's annual
income.
``(v) Whether the individual's employer
will provide an additional amount or a matching
percentage for student loan repayment for the
individual.
``(3) Outreach.--The Secretary shall post a notice on a
Department Internet web site regarding the availability of loan
repayment under this section, and shall notify institutions of
higher education (including Tribal Colleges and Universities)
and the Bureau of Indian Affairs regarding the availability of
loan repayment under this section.
``(c) Qualified Loan Amounts.--
``(1) Percentages.--Subject to paragraph (2), the Secretary
shall assume or cancel the obligation to repay under this
section--
``(A) 15 percent of the amount of all loans made,
insured, or guaranteed after the date of enactment of
the Indian Country Educational Empowerment Zone Act to
a student under part B or D, for each of the first and
second years of employment in Indian country;
``(B) 20 percent of such total amount, for each of
the third and fourth years of such employment; and
``(C) 30 percent of such total amount, for the
fifth year of such employment.
``(2) Maximum.--The Secretary shall not repay or cancel
under this section more than--
``(A) for any student with a bachelor's degree, but
without a graduate degree, $20,000 in the aggregate of
loans made, insured, or guaranteed under parts B and D;
and
``(B) for any student with a graduate degree,
$20,000 of such loans for each year of employment.
``(3) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a loan made, insured, or
guaranteed under part B or D for a borrower who meets the
requirements of subsection (b)(1), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Additional Requirements.--
``(1) No refunding of previous payments.--Nothing in this
section shall be construed to authorize the refunding of any
repayment of a loan made under this part or part D.
``(2) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
``(3) Double benefits prohibited.--
``(A) Ineligibility of national service award
recipients.--No student borrower may, for the same
service, receive a benefit under both this section and
subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.).
``(B) Double forgiveness.--No student borrower may,
for the same service, receive a benefit under both this
section and section 428J, 428K, or 460 of this Act or
section 108 of the Indian Health Care Improvement Act
(25 U.S.C. 1616a).
``(4) Repayment to eligible lenders.--The Secretary shall
pay to each eligible lender or holder for each fiscal year an
amount equal to the aggregate amount of loans which are subject
to repayment pursuant to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require. Such application shall contain verification from the
employer of the employment in Indian country.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each year of
employment in Indian country. The borrower shall receive
forbearance while engaged in such employment unless the
borrower is in deferment while so engaged.
``(f) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2005, and such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(h) Definition of Indian Tribe.--In this section, the term
`Indian tribe' means any Indian tribe, band, nation, or other organized
group or community, including any Alaska Native village, which is
recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.''. | Indian Country Educational Empowerment Zone Act -Amends the Higher Education Act of 1965 to authorize the Secretary of the Interior to carry out a program of repaying the student loans for any borrower who obtains employment in Indian country. | {"src": "billsum_train", "title": "To facilitate economic growth and development and to promote Tribal sovereignty, by encouraging a dramatic increase in the number of individuals with higher education degrees working within and for Indian Country."} | 1,962 | 51 | 0.461163 | 1.220501 | 0.118309 | 3.775 | 46.15 | 0.925 |
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