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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Save Our Safety
Net Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Ensuring adequate physician payment for emergency department
visits.
Sec. 3. Ensuring adequate hospital outpatient fee schedule amounts for
clinic and emergency department visits.
Sec. 4. Permanent extension of adjustment to limit decline in payments
for certain hospitals under hospital
outpatient PPS.
Sec. 5. Fairness in the Medicare disproportionate share hospital (DSH)
adjustment for rural hospitals.
SEC. 2. ENSURING ADEQUATE PHYSICIAN PAYMENT FOR EMERGENCY DEPARTMENT
VISITS.
Section 1833 of the Social Security Act (42 U.S.C. 1395l) is
amended by adding at the end the following new subsection:
``(v) Save Our Safety Net Payments for Physicians' Services
Provided in an Emergency Department.--In the case of physicians'
services furnished to an individual covered under the insurance program
established by this part in an emergency department on or after January
1, 2006, in addition to the amount of payment that would otherwise be
made for such services under this part, there also shall be paid to the
physician or other person (or to an employer or entity in the cases
described in clause (A) of section 1842(b)(6)) from the Federal
Supplementary Insurance Trust Fund an amount equal to 10 percent of the
payment amount for the service under this part.''.
SEC. 3. ENSURING ADEQUATE HOSPITAL OUTPATIENT FEE SCHEDULE AMOUNTS FOR
CLINIC AND EMERGENCY DEPARTMENT VISITS.
(a) In General.--Section 1833(t) of the Social Security Act (42
U.S.C. 1395l(t)) is amended--
(1) in paragraph (3)(C)(ii), by striking ``paragraph
(8)(B)'' and inserting ``paragraphs (8)(B), (11)(B), and
(13)(A)(i)'';
(2) in paragraph (3)(C)(iii), by inserting ``(but not the
conversion factor computed under paragraph (13)(B))'' after
``this subparagraph'';
(3) in paragraph (3)(D)--
(A) in clause (i), by striking ``conversion factor
computed under subparagraph (C) for the year'' and
inserting ``applicable conversion factor computed under
subparagraph (C), paragraph (11)(B), or paragraph
(13)(B) for the year''; and
(B) in clause (ii), by inserting ``, paragraph
(9)(A), or paragraph (13)(C)'' after ``paragraph
(2)(C)'';
(4) in paragraph (9), by amending subparagraph (B) to read
as follows:
``(B) Budget neutrality adjustment.--
``(i) In general.--If the Secretary makes
revisions under subparagraph (A), then the
revisions for a year may not cause the
estimated amount of expenditures under this
part for the year to increase or decrease from
the estimated amount of expenditures under this
part (including expenditures attributable to
the special rules specified in paragraph (13))
that would have been made if the revisions had
not been made.
``(ii) Exemption from reduction.--The
relative payment weights determined under
paragraph (13)(C) and the conversion factor
computed under paragraph (13)(B) shall not be
reduced by any budget neutrality adjustment
made pursuant to this subparagraph.''; and
(5) by redesignating paragraphs (13) through (16) as
paragraphs (14) through (17), respectively, and by inserting
after paragraph (12) the following new paragraph:
``(13) Special rules for calculating medicare opd fee
schedule amount for clinic and emergency visits.--
``(A) In general.--In computing the medicare OPD
fee schedule amount under paragraph (3)(D) for covered
OPD services that are furnished on or after January 1,
2006, and classified within a group established or
revised under paragraph (2)(B) or (9)(A), respectively,
for clinic and emergency visits (as described in
subparagraph (D)), the Secretary shall--
``(i) substitute for the conversion factor
calculated under paragraph (3)(C) the
conversion factor calculated under subparagraph
(B); and
``(ii) substitute for the relative payment
weight established or revised under paragraph
(2)(C) or (9)(A), respectively, the relative
payment weight determined under subparagraph
(C) for such group.
``(B) Calculation of conversion factor.--For
purposes of subparagraph (A)(i), the conversion factor
calculated under this subparagraph is--
``(i) for services furnished during 2006,
an amount equal to the product of--
``(I) the conversion factor
specified for such year in the final
rule published on November 10, 2005,
increased by the percentage by which
such conversion factor is reduced for
such year pursuant to paragraph (2)(E),
and not taking into account any
subsequent amendments to such final
rule; and
``(II) 1.10; and
``(ii) for services furnished in a year
beginning on or after January 1, 2007, the
conversion factor computed under this
subparagraph for the previous year increased by
the OPD fee schedule increase factor specified
under paragraph (3)(C)(iv) for the year
involved.
``(C) Determination of relative payment weights.--
For purposes of subparagraph (A)(ii), the relative
payment weight determined under this subparagraph for a
covered OPD service that is classified within such a
group is--
``(i) for services furnished during 2006,
the relative payment weight specified for such
group for such period in the final rule
published November 10, 2005, and not taking
into account any subsequent amendments to such
final rule; and
``(ii) for services furnished in a year
beginning on or after January 1, 2007--
``(I) for ambulatory patient
classification group 0601 (relating to
mid-level clinic visits), or a
successor to such group, the relative
payment weight specified for such group
in the final rule referred to in clause
(i); and
``(II) for other ambulatory patient
classification groups described in
subparagraph (D), the relative payment
weight established or revised under
paragraph (2)(C) or (9)(A),
respectively, for such group for such
year (but without regard to any budget
neutrality adjustment under paragraph
(9)(B)).
``(D) Groups for clinic and emergency visits.--For
purposes of this paragraph, the groups established or
revised under paragraph (2)(B) or (9)(A), respectively,
for clinic and emergency visits are ambulatory patient
classification groups 0600, 0601, 0602, 0610, 0611,
0612, and 0620 as defined for purposes of the final
rule referred to in subparagraph (C)(i) (and any
successors to such groups).''.
(b) Limitation on Secretarial Authority.--Notwithstanding section
1833(t) of the Social Security Act (42 U.S.C. 1395l(t)), as amended by
subsection (a), the Secretary of Health and Human Services may not make
any adjustment under--
(1) paragraph (2)(F), (3)(C)(iii), (9)(B), or (9)(C) of
section 1833(t) of the Social Security Act (42 U.S.C.
1395l(t)); or
(2) any other provision of such section;
to ensure that the amendments made by subsection (a) do not cause the
estimated amount of expenditures under part B of title XVIII of such
Act (42 U.S.C. 1395j et seq.) to exceed the estimated amount of
expenditures that would have been made under such part but for such
amendments.
SEC. 4. PERMANENT EXTENSION OF ADJUSTMENT TO LIMIT DECLINE IN PAYMENTS
FOR CERTAIN HOSPITALS UNDER HOSPITAL OUTPATIENT PPS.
(a) In General.--Section 1833(t)(7)(D)(i) of the Social Security
Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 5105 of the
Deficit Reduction Act of 2005 (Public Law 109-171), is amended--
(1) in the clause heading--
(A) by striking ``Temporary'' and inserting
``Permanent''; and
(B) by striking ``Rural''
(2) by striking subclause (II);
(3) by striking ``(I) In the case'' and inserting ``In the
case'';
(4) by striking ``located in a rural area, for'' and
inserting ``, for''; and
(5) by striking ``furnished before January 1, 2006''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to covered OPD services furnished on or after January 1, 2006.
SEC. 5. FAIRNESS IN THE MEDICARE DISPROPORTIONATE SHARE HOSPITAL (DSH)
ADJUSTMENT FOR RURAL HOSPITALS.
Section 1886(d)(5)(F)(xiv)(II) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(F)(xiv)(II)) is amended--
(1) by striking ``or, in the case'' and all that follows
through ``subparagraph (G)(iv)''; and
(2) by inserting at the end the following new sentence:
``The preceding sentence shall not apply to any hospital with
respect to discharges occurring on or after October 1, 2006.''. | Save Our Safety Net Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require payment to a physician of an additional 10% for emergency department visits.
Prescribes special rules for calculating the Medicare hospital outpatient department (OPD) fee schedule amounts for clinic and emergency department visits.
Extends from temporary to permanent the current adjustment to payments (hold harmless provisions) for certain small rural and sole community hospitals under the OPD prospective payment system (PPS).
Eliminates the cap on the Medicare disproportionate share hospital (DSH) adjustment for payments to rural hospitals. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide fair payments for care provided in a hospital emergency department."} | 2,255 | 131 | 0.541159 | 1.420524 | 0.649292 | 2.530973 | 17.053097 | 0.849558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustainable States Act of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) local government leadership is critical in crafting and
implementing effective, long-term solutions to regionally
distinct challenges, such as--
(A) energy demand and supply;
(B) water resource management;
(C) waste production and management;
(D) pollution;
(E) environmental stewardship and conservation; and
(F) economic competitiveness, growth, and
development;
(2) State-specific municipal sustainability certification
programs provide a framework for constructive competition among
the municipalities of a State that accelerates the development
and demonstration of effective local solutions to those
challenges; and
(3) public-private partnerships are successful means of
sustaining the operation of municipal sustainability
certification programs, as evidenced by programs in the States
of Maryland and New Jersey.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Municipal sustainability certification program.--The
term ``municipal sustainability certification program'' means a
program established and carried out by a sustainable State
consortium that--
(A) determines a set of State-specific benchmarks
for use in evaluating sustainability; and
(B) certifies a municipality as sustainable based
on achievement of those benchmarks.
(3) Sustainable state consortium.--The term ``sustainable
State consortium'' means a partnership consisting of local
governments, a State, 1 or more public universities, and any
other municipal organizations, businesses, or nonprofit
organizations selected by the consortium that is formed to
establish a municipal sustainability certification program.
SEC. 4. GRANTS FOR MUNICIPAL SUSTAINABILITY CERTIFICATION PROGRAMS.
(a) Establishment.--
(1) In general.--There is established a program under which
the Administrator shall provide grants to sustainable State
consortia for use in establishing and carrying out municipal
sustainability certification programs.
(2) Flexible guidelines for award selection.--The
Administrator shall establish flexible guidelines that reflect
regional differences for use by sustainable State consortia in
establishing State-specific municipal sustainability
certification programs.
(3) Grants.--
(A) In general.--The Administrator shall provide
grants under this paragraph to sustainable State
consortia for use in establishing and carrying out
municipal sustainability certification programs.
(B) Eligibility.--Not more than 1 sustainable State
consortium per State may apply for and receive a grant
under this section.
(C) Number and term of grants.--The Administrator
shall determine the number and term of grants provided
under this section.
(D) Geographical distribution of grant funds.--The
Administrator shall provide grants under this section
in a manner that results in, to the maximum extent
practicable, a geographical balance of funds provided,
as determined by the Administrator.
(4) Data and reports.--The Administrator shall annually--
(A) collect and compile data from sustainable State
consortia with respect to municipal actions undertaken
to obtain municipal sustainability certification; and
(B) submit to Congress a concise report that
describes, for the year covered by the report,
municipal actions undertaken to obtain municipal
sustainability certification.
(5) State and local needs.--The Administrator shall
encourage sustainable State consortia--
(A) to establish certification standards beyond the
guidelines established by the Administrator;
(B) to otherwise adapt the administration of the
program established under this section to meet regional
or local needs; and
(C) to plan for public-private partnership
agreements that will sustain the operation of the
certification program of a State beyond the term of the
grant.
(b) Administration.--
(1) National leaders program.--As part of the program
established under this section, the Administrator shall
establish a national leaders program under which certified
municipalities may seek additional recognition for demonstrated
performance in meeting sustainability challenges.
(2) Fees.--The Administrator shall not charge fees for
certification, training, use of program tools, or any other
participation in the program established under this section.
(3) Web site.--The Administrator shall establish a Web site
that allows for interactive dialogue and collaboration among
community leaders and citizens engaged in municipal
sustainability certification.
(c) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
section.
(2) Other funding.--A sustainable State consortium or other
entity that receives a grant under this section may seek
additional foundation, nonprofit, private-sector, and other
sources of funding to support additional program elements and
municipal incentives that are in addition to the minimum
requirements for a grant under this section. | Sustainable States Act of 2010 - Establishes a program under which the Administrator of the Environmental Protection Agency (EPA) shall provide grants to sustainable state consortia (partnerships consisting of local governments, states, public universities, and other municipal organizations, businesses, or nonprofit organizations) to establish and carry out municipal sustainability certification programs. Defines "municipal sustainability certification program" as a program that: (1) determines a set of state-specific benchmarks for use in evaluating sustainability; and (2) certifies a municipality as sustainable based on achievement of those benchmarks.
Directs the Administrator to: (1) establish flexible guidelines that reflect regional differences for use by such consortia in establishing such programs; (2) annually compile data from such consortia and report to Congress on municipal actions undertaken to obtain municipal sustainability certification; (3) encourage such consortia to establish certification standards beyond the guidelines established by the Administrator, adapt the administration of the program to meet regional or local needs, and plan for public-private partnership agreements that will sustain the operation of the certification program of a state beyond the term of the grant; (4) establish a national leaders program under which certified municipalities may seek additional recognition for demonstrated performance in meeting sustainability challenges; and (5) establish a website that permits interactive dialogue and collaboration among community leaders and citizens engaged in municipal sustainability certification. | {"src": "billsum_train", "title": "A bill to establish a program under which the Administrator of the Environmental Protection Agency shall provide grants to eligible State consortia to establish and carry out municipal sustainability certification programs, and for other purposes."} | 1,013 | 287 | 0.755419 | 2.145716 | 1.062044 | 4.56705 | 3.659004 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Borrower's Protection Act of 2007''.
SEC. 2. MORTGAGE ORIGINATOR REQUIREMENTS.
The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by
inserting after section 129 the following new section:
``SEC. 129A. DUTIES OF MORTGAGE ORIGINATORS.
``(a) Definitions.--As used in this section--
``(1) the term `home mortgage loan' means an extension of
credit secured by or to be secured by a security interest in
the principal dwelling of the obligor;
``(2) the term `mortgage broker' means a person who, for
compensation or in anticipation of compensation, arranges or
negotiates, or attempts to arrange or negotiate, home mortgage
loans or commitments for such loans, or refers applicants or
prospective applicants to creditors, or selects or offers to
select creditors to whom requests for credit may be made;
``(3) the term `mortgage originator' means--
``(A) any creditor or other person, including a
mortgage broker, who, for compensation or in
anticipation of compensation, engages either directly
or indirectly in the acceptance of applications for
home mortgage loans, solicitation of home mortgage
loans on behalf of borrowers, negotiation of terms or
conditions of home mortgage loans on behalf of
borrowers or lenders, or negotiation of sales of
existing home mortgage loans to institutional or non-
institutional lenders; and
``(B) any employee or agent of a creditor or person
described in subparagraph (A);
``(4) the term `qualifying bond' means a bond equal to not
less than 1 percent of the aggregate value of all homes
appraised by an appraiser of real property in connection with a
home mortgage loan in the calendar year preceding the date of
the transaction, with respect to which--
``(A) the bond shall inure first to the benefit of
the homeowners who have claims against the appraiser
under this title or any other applicable provision of
law, and second to the benefit of originating creditors
that complied with their duty of good faith and fair
dealing in accordance with this title; and
``(B) any assignee or subsequent transferee or
trustee shall be a beneficiary of the bond, only if the
originating creditor qualified for such treatment; and
``(5) the term `rate spread mortgage transaction' means a
home mortgage loan that has an annual percentage rate of
interest that equals or exceeds the rate that would require
reporting under the Home Mortgage Disclosure Act (12 U.S.C.
2801 et seq.) as a rate spread loan, without regard to whether
such loan is otherwise subject to the Home Mortgage Disclosure
Act.
``(b) Standard of Care.--
``(1) Fiduciary relationship.--In the case of a home
mortgage loan, the mortgage broker shall be deemed to have a
fiduciary relationship with the consumer, and each such
mortgage broker shall be subject to all requirements for
fiduciaries otherwise applicable under State or Federal law.
``(2) Fair dealing.--Each mortgage originator shall, in
addition to the duties imposed by otherwise applicable
provisions of State or Federal law, with respect to each home
mortgage loan in which the mortgage originator is involved--
``(A) act with reasonable skill, care, and
diligence; and
``(B) act in good faith and with fair dealing in
any transaction, practice, or course of business
associated with the transaction.
``(c) Assessment of Ability to Repay.--
``(1) In general.--Each mortgage originator shall, before
entering into or otherwise facilitating any home mortgage loan,
verify the reasonable ability of the borrower to pay the
principal and interest on the loan, and any real estate taxes
and homeowners insurance fees and premiums.
``(2) Variable mortgage rates.--In the case of a home
mortgage loan with respect to which the applicable rate of
interest may vary, for purposes of paragraph (1), the ability
to pay shall be determined based on the maximum possible
monthly payment that could be due from the borrower during the
first 7 years of the loan term, which amount shall be
calculated by--
``(A) using the maximum interest rate allowable
under the loan; and
``(B) assuming no default by the borrower, a
repayment schedule which achieves full amortization
over the life of the loan.
``(3) Required verification documents.--
``(A) In general.--For purposes of paragraph (1), a
mortgage originator shall base a determination of the
ability to pay on--
``(i) documentation of the income and
financial resources of the borrower, including
tax returns, payroll receipts, bank records, or
other similarly reliable documents; and
``(ii) the debt-to-income ratio and
residual income of the borrower, as determined
under section 36.4337 of title 38 of the Code
of Federal Regulations, or any successor
thereto.
``(B) Limitation.--A statement provided by the
borrower of the income and financial resources of the
borrower, without other documentation referred to in
this paragraph, is not sufficient verification for
purposes of assessing the ability of the consumer to
pay.
``(d) Rate Spread Mortgages.--
``(1) Escrow account required.--In the case of a rate
spread mortgage transaction, the obligor shall be required to
make monthly payments into an escrow account established by the
mortgage originator for the purpose of paying taxes, hazard
insurance premiums, and, if applicable, flood insurance
premiums.
``(2) Exception.--This paragraph does not apply in any case
in which the mortgage originator reasonably believes that,
following the loan closing, the obligor will be required, or
will continue to be required, to make escrow payments described
in paragraph (1) on the property securing the loan in
connection with another loan secured by the same property.
``(3) Lender and broker liability.--In any case in which a
mortgage broker sells or delivers a rate spread mortgage loan
to a lender, the lender shall be liable for the acts,
omissions, and representations made by the mortgage broker in
connection with that mortgage loan.
``(e) Steering Prohibited.--
``(1) In general.--In connection with a home mortgage loan,
a mortgage originator may not steer, counsel, or direct a
consumer to rates, charges, principal amount, or prepayment
terms that are not reasonably advantageous to the consumer, in
light of all of the circumstances associated with the
transaction, including the characteristics of the property that
secures or will secure the extension of credit and the loan
terms for which the consumer qualifies.
``(2) Duties to consumers.--If unable to suggest, offer, or
recommend to a consumer a reasonably advantageous home loan, a
mortgage originator shall--
``(A) based on the information reasonably available
and using the skill, care, and diligence reasonably
expected for a mortgage originator, originate or
otherwise facilitate a reasonably advantageous home
mortgage loan by another creditor to a consumer, if
permitted by and in accordance with all otherwise
applicable law; or
``(B) disclose to a consumer--
``(i) that the creditor does not offer a
home mortgage loan that would be reasonably
advantageous to a consumer, but that other
creditors may offer such a loan; and
``(ii) the reasons that the products and
services offered by the mortgage originator are
not available to or reasonably advantageous for
the consumer.
``(3) Prohibited conduct.--In connection with a home
mortgage loan, a mortgage originator may not--
``(A) mischaracterize the credit history of a
consumer or the home loans available to a consumer;
``(B) mischaracterize or suborn mischaracterization
of the appraised value of the property securing the
extension of credit; or
``(C) if unable to suggest, offer, or recommend to
a consumer a reasonably advantageous home mortgage
loan, discourage a consumer from seeking a home
mortgage loan from another creditor or with another
mortgage originator.
``(4) Rule of construction.--Nothing in this subsection
shall be deemed to prohibit a mortgage originator from
providing a consumer with accurate, unbiased, general
information about home mortgage loans, underwriting standards,
ways to improve credit history, or any other matter relevant to
a consumer.
``(f) Good Faith and Fair Dealing in Appraisal Process.--
``(1) In general.--No mortgage originator may enter into a
home mortgage loan with respect to which the mortgage
originator has reason to believe that, with respect to the
appraisal of the value of the property securing the loan--
``(A) the appraiser failed to act in good faith and
fair dealing with respect to the consumer in connection
with the appraisal;
``(B) the appraisal was conducted other than in
accordance with all applicable State and Federal
standards required of certified appraisers, or was
otherwise not accurate and reasonable;
``(C) the appraiser had a direct or indirect
interest in the property or the transaction;
``(D) the appraiser charged, sought, or received
compensation for the appraisal, and the appraisal was
not covered by a qualifying bond; or
``(E) the appraisal order or any other
communication in any form includes the requested loan
amount or any estimate of value for the property to
serve as collateral, either express or implied.
``(2) Prohibited influence.--No mortgage originator may,
with respect to a home mortgage loan, in any way--
``(A) seek to influence an appraiser or otherwise
to encourage a targeted value in order to facilitate
the making or pricing of the home mortgage loan; or
``(B) select an appraiser on the basis of an
expectation that such appraiser would provide a
targeted value in order to facilitate the making or
pricing of the home mortgage loan.
``(3) Limitation on defenses.--It shall not be a defense to
enforcement of the requirements of this subsection that the
mortgage originator used another person in the appraisal
process or to review the appraisal process.
``(4) Notice of appraisal.--In any case in which an
appraisal is performed in connection with a home mortgage loan,
the mortgage originator shall provide a copy of the appraisal
report to an applicant for a home mortgage loan, whether credit
is granted, denied, or the application was withdrawn.''.
SEC. 3. CONFORMING AND CLERICAL AMENDMENTS.
The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 103(u) (15 U.S.C. 1602(u)), by striking
``disclosures required by section 129(a)'' and inserting
``provisions of section 129 and 129A'';
(2) in section 130 (15 U.S.C. 1640) by inserting ``or
129A'' after ``section 129'' each place that term appears; and
(3) in the table of sections for chapter 2 (15 U.S.C. 1631
et seq.), by inserting after the item relating to section 129
the following:
``129A. Duties of mortgage originators.''. | Borrower's Protection Act of 2007 - Amends the Truth in Lending Act to deem a mortgage broker, in the case of a home mortgage loan, to have a fiduciary relationship with the consumer. Subjects each such mortgage broker to all federal and state requirements for fiduciaries.
Requires each mortgage originator, in addition to the duties imposed by federal and state requirements, to act with respect to each home mortgage loan: (1) with reasonable skill, care, and diligence; and (2) in good faith and with fair dealing in any transaction, practice, or with associated course of business.
Requires a mortgage originator, before entering into or otherwise facilitating a home mortgage loan, to verify the borrower's reasonable ability to pay the principal and interest, real estate taxes, and homeowners insurance fees and premiums. Prescribes a formula for determining ability to pay variable mortgage rates.
Makes the lender liable for acts, omissions, and representations of a mortgage broker in connection with any rate spread mortgage loan the broker sells or delivers to the lender.
Prohibits a mortgage originator from steering a consumer to home mortgage loan rates, charges, principal amount, or prepayment terms not reasonably advantageous to the consumer.
Prescribes mortgage originator duties to consumers.
Prohibits specified mortgage originator conduct, especially entering into a home mortgage loan when the originator has reason to believe that the appraiser of the property securing the loan failed to act in good faith and fair dealing in its appraisal.
Prohibits a mortgage originator from: (1) seeking to influence an appraiser or otherwise to encourage a targeted value; or (2) selecting an appraiser on the expectation that the appraiser would provide a targeted value.
Requires the mortgage originator to provide a copy of the appraisal report to a home mortgage loan applicant, whether credit is granted, denied, or the application was withdrawn. | {"src": "billsum_train", "title": "A bill to establish on behalf of consumers a fiduciary duty and other standards of care for mortgage brokers and originators, and to establish standards to assess a consumer's ability to repay, and for other purposes."} | 2,527 | 424 | 0.601015 | 1.970912 | 0.759262 | 3.734637 | 6.477654 | 0.941341 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sierra National Forest Land Exchange
Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
parcels of land and improvements thereon comprising
approximately 160 acres and located in township 9 south, range
25 east, section 30, E\1/2\SW\1/4\ and W\1/2\ SE\1/4\, Mt.
Diablo Meridian, California.
(2) Non-federal land.--The term ``non-Federal land'' means
a parcel of land comprising approximately 80 acres and located
in township 8 south, range 26 east, section 29, N\1/2\NW\1/4\,
Mt. Diablo Meridian, California.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALIFORNIA.
(a) Exchange Authorized.--
(1) In general.--If, during the one-year period beginning
on the date of enactment of this Act, the owner of the non-
Federal land offers the United States the exchange of the non-
Federal land and a cash equalization payment of $50,000, the
Secretary shall convey, by quit claim deed, all right, title,
and interest of the United States in and to the Federal land.
The conveyance of the Federal land shall be subject to valid
existing rights and under such terms and conditions as the
Secretary may prescribe.
(2) Acceptable title.--Title to the non-Federal land shall
conform with the title approval standards of the Attorney
General applicable to Federal land acquisitions and shall be
acceptable to the Secretary.
(3) Correction and modification of legal descriptions.--The
Secretary, in consultation with the owner of the non-Federal
land, may make corrections to the legal descriptions of the
Federal land and non-Federal land. The Secretary and the owner
of the non-Federal land may make minor modifications to such
descriptions insofar as such modifications do not affect the
overall value of the exchange by more than five percent.
(b) Valuation of Land to Be Conveyed.--For purposes of this
section, during the period referred to in subsection (a)(1), the value
of the non-Federal land shall be deemed to be $200,000 and the value of
the Federal land shall be deemed to be $250,000.
(c) Administration of Land Acquired by United States.--Once
acquired, the Secretary shall manage the non-Federal land in accordance
with the Act of March 1, 1911 (commonly known as the Weeks Act; 16
U.S.C. 480 et seq.), and in accordance with the other laws and
regulations pertaining to National Forest System lands.
(d) Conditions on Conveyance of Federal Land.--The conveyance by
the Secretary under subsection (a) shall be subject to the following
conditions:
(1) That the recipient of the Federal land convey all 160
acres of the Federal land to the Sequoia Council of the Boy
Scouts of America not later than four months after the date on
which the recipient receives the Federal land from the
Secretary under subsection (a).
(2) That, as described in section 5, the owner of the
easement granted in section 4 have the right of first offer
regarding any reconveyance of the Federal land by the Sequoia
Council of the Boy Scouts of America.
(e) Disposition and Use of Cash Equalization Funds.--The Secretary
shall deposit the cash equalization payment received under subsection
(a) in the fund established by Public Law 90-171 (commonly known as the
Sisk Act; 16 U.S.C. 484a). The cash equalization payment shall be
available to the Secretary until expended, without further
appropriation, for the acquisition of lands and interests in lands for
the National Forest System in the State of California.
(f) Cost Collection Funds.--The owner of the non-Federal land shall
be responsible for all direct costs associated with processing the land
exchange under this section and shall pay the Secretary the necessary
funds, which shall be deposited in a cost collection account. Funds so
deposited shall be available to the Secretary until expended, without
further appropriation, for the cost associated with the land exchange.
Any funds remaining after completion of the land exchange, which are
not needed to cover expenses, shall be refunded to the owner of the
non-Federal land.
SEC. 4. GRANT OF EASEMENT IN CONNECTION WITH HYDROELECTRIC PROJECT NO.
67.
(a) Purpose.--A hydroelectric project, licensed pursuant to the
Federal Power Act (16 U.S.C. 791a et seq.) as Project No. 67, is
located on a majority of the Federal land authorized for exchange under
section 3. To protect the ability of the owner of Project No. 67 to
continue to operate and maintain that hydroelectric project under the
current and all future licenses or authorizations issued pursuant to
the Federal Power Act or any other applicable law, this section is
necessary.
(b) Easement Required.--Before conveying the Federal land under
section 3, the Secretary shall grant an easement, without
consideration, to the owner of Project No. 67 for the right to enter,
occupy, and use for hydroelectric power purposes the Federal land
currently within the licensed boundary for Project No. 67. The Project
No. 67 owner shall hold harmless the Secretary for any claims against
the owner due to the grant of easement.
(c) Required Terms and Conditions.--The easement granted under this
section shall provide the following: ``The United States of America,
hereinafter called `Grantor,' pursuant to a congressional
authorization, hereby grants, transfers, and conveys unto the [insert
name of Project No. 67 owner], its successors and assigns, hereinafter
called `Grantee,' all those certain exclusive easements and rights in,
on, under, over, along, and across certain real property described in
Exhibit A, attached hereto [attach description of real property subject
to the easement] and incorporated herein (the `Property'), for any
purpose or activity that Grantee deems convenient or necessary to the
creation, generation, transmission, or distribution of hydropower on
and off the Property, including, but not limited to, the right to
inundate the Property with water, reservoir management, and compliance
with legal obligations in accordance with the applicable Federal Energy
Regulatory Commission license and those non-exclusive easements and
rights to use, occupy, and enter the Property, and to allow others to
use, occupy, and enter the Property, for other purposes related to
hydropower and reservoir management and use, such as recreation by
Grantee or the public, and regulation of any activities on the Property
that may impact such purposes, at any time and from time to time.
Grantor further grants, transfers, and conveys unto the Grantee the
right of assignment, in whole or in part, to others, without
limitation. Grantee shall have the right to take such actions on the
Property as may be necessary to comply with all applicable laws, rules,
regulations, ordinances, orders and other governmental, regulatory, and
administrative authorities and requirements, or that may be necessary
for the economical entry, occupancy, and use of the Property for
hydropower purposes. Grantor, its successors and assigns, shall not
deposit or permit or allow to be deposited, earth, rubbish, debris or
any other substance or material on the Property, or so near thereto as
to constitute, in the opinion of Grantee, an interference or
obstruction to the hydropower and reservoir purposes. No other
easements, leases, or licenses shall be granted on, under or over the
Property by Grantor to any person, firm or corporation without the
previous written consent of Grantee, which consent shall not be
unreasonably withheld. The terms, covenants and conditions of this
Grant of Easement shall bind and inure to the benefit of the successors
and assigns of Grantor and the successors and assigns of Grantee.''.
SEC. 5. RIGHT OF FIRST OFFER FOR SUBSEQUENT CONVEYANCE OF FEDERAL LAND.
(a) Right of First Offer.--As a condition on the conveyance of the
Federal land under section 3 and its reconveyance to the Sequoia
Council of the Boy Scouts of America, as required by section 3(d)(1),
the Secretary shall require that the Council agree to provide the owner
of the easement granted under section 4 the right of first offer to
obtain the Federal land, or any portion thereof, that the Council ever
proposes to sell, transfer, or otherwise convey.
(b) Notice and Offer.--If the Council proposes to sell, transfer,
or otherwise convey the Federal land or a portion thereof, the Council
shall give the easement owner written notice specifying the terms and
conditions on which the conveyance is proposed and offering to convey
to the easement owner, on the same terms and conditions, the Federal
land or the portion thereof proposed for conveyance.
(c) Acceptance or Rejection of Offer.--Within 90 days after the
easement owner receives the notice required by subsection (b) and all
available documents necessary to perform reasonable due diligence on
the proposed conveyance, the easement owner shall either accept or
reject the offer. If the easement owner accepts the offer, the closing
of the sale shall be governed by the terms of the offer in the notice.
(d) Effect of Rejection.--If the hydropower easement owner rejects
an offer under subsection (b) or fails to respond to the offer before
the expiration of the 90-day period provided in subsection (c), the
Council may convey the property covered by the notice to any other
person on the same terms and conditions specified in the notice. If
those terms and conditions are subsequently altered in any way, then
the notice and offer shall again be made to the easement owner under
subsection (b). The rejection by the easement owner of one or more of
such
offers shall not affect its right of first offer as to any other
proposed conveyance by the Council.
Passed the House of Representatives November 18, 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Sierra National Forest Land Exchange Act of 2003 - Directs the Secretary of Agriculture to convey specified land in Mt. Diablo Meridian, California, in exchange for certain non-Federal land and a payment of $50,000, if the owner of such land: (1) offers to make such exchange during the year following enactment of this Act; and (2) agrees to convey the Federal land to the Sequoia Council of the Boy Scouts of America within four months of receiving it. Assigns values to the lands to be conveyed.
Directs the Secretary to: (1) manage the non-Federal land received in accordance with the Weeks Act and other laws and regulations pertaining to National Forest System lands; and (2) deposit the cash payment received into the fund established by the Sisk Act, to be expended for the acquisition of lands and interests in lands for the National Forest System in California. Makes the owner of the non-Federal land responsible for all direct costs associated with processing the land exchange. Grants an easement to the owner of a specified hydroelectric project located on Federal land authorized for exchange under this Act. Requires that the easement owner be given the right of first offer for any subsequent conveyance of the Federal land by the Sequoia Council as a condition of the initial conveyance to the Council. | {"src": "billsum_train", "title": "To provide for the exchange of land within the Sierra National Forest, California, and for other purposes."} | 2,314 | 294 | 0.591525 | 1.852742 | 0.70926 | 3.832 | 8.16 | 0.952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DSHEA Full Implementation and
Enforcement Act of 2004''.
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 2005;
(2) $30,000,000 for fiscal year 2006;
(3) $40,000,000 for fiscal year 2007;
(4) $50,000,000 for fiscal year 2008; and
(5) $65,000,000 for fiscal year 2009.
(b) Appropriation of Funds for Fiscal Year 2005.--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 2005.
(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 2005; and
(2) such sums as may be necessary for each of the fiscal
years 2006 through 2009.
(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, 2005, 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 2004 - Makes appropriations for FY 2005, and authorizes appropriations for FY 2005 through 2009: (1) to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA), the amendments made by DSHEA, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health.
Directs the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to: (1) fully and appropriately use such funds to regulate dietary supplements; and (2) report annually on DSHEA implementation and enforcement. | {"src": "billsum_train", "title": "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."} | 1,506 | 174 | 0.631606 | 1.803467 | 0.902122 | 4.072368 | 9.434211 | 0.940789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education for Tomorrow's Jobs Act''.
SEC. 2. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6312(b)(1)) is amended--
(1) in subparagraph (P), by striking ``and'' at the end;
(2) in subparagraph (Q), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(R) in the case of a local educational agency
that chooses to use subgrant funds under this part to
establish and carry out the program described in this
subparagraph, a description of how the local
educational agency will establish and carry out such
program, including a description of how the agency
will--
``(i) create a network of schools or
programs of study within schools that
meaningfully and coherently integrate a
rigorous academic curricula emphasizing--
``(I) real-world applications and
aligned with entrance requirements for
public institutions of higher education
in the State;
``(II) a career and technical
education component aligned with the
State's challenging academic standards
pursuant to section 1111(b)(1) and
organized around themes in high-pay,
high-growth, or high-skill industry or
industry sectors;
``(III) work-based learning
opportunities aligned with such
standards; and
``(IV) wraparound support services;
``(ii) ensure that the educational
experience of students participating in such
program is personalized through school-level
strategies such as cohort scheduling,
professional learning communities, and smaller
learning communities;
``(iii) provide a needs and resource
assessment demonstrating the local educational
agency's capacity to carry out the program;
``(iv) facilitate partnerships among the
local educational agency and schools
participating in the program, and institutions
of higher education, industry, community-based
organizations, parent organizations, and other
stakeholders, and solicit ongoing participation
of these groups on an advisory basis;
``(v) contract with not less than one
qualified intermediary with demonstrated
expertise in building, connecting, sustaining,
and measuring partnerships with employers,
institutions of higher education, community-
based organizations, parent organizations, and
other key external stakeholders;
``(vi) provide staff at schools
participating in the program and other
stakeholders high-quality and rigorous
professional development and technical
assistance;
``(vii) facilitate transitions from--
``(I) secondary schools that do not
award a diploma to secondary schools
that award a diploma; and
``(II) from secondary schools that
award a diploma to postsecondary
education;
``(viii) where appropriate, develop and
provide enabling policies including budgeting,
governance, curriculum, and scheduling
autonomies for the program;
``(ix) assure that students throughout the
local educational agency, including English
language learners and students with
disabilities, will be able to fully participate
in the school or program of study in which they
are enrolled and that student assignment to a
school or program of study will be conducted
without tracking students into the school or
program of study on the basis of their prior
academic achievement or membership in a group
of students specified under
1111(b)(2)(C)(v)(II), and when possible, based
upon the preference of the student or the
student's parent;
``(x) demonstrate how the program will be
sustainable; and
``(xi) provide for an ongoing and rigorous
evaluation of the program and disseminate best
practices.''. | Education for Tomorrow's Jobs Act - Amends part A of title I of the Elementary and Secondary Education Act of 1965 to require local educational agencies receiving subgrants under part A to describe how they will establish and carry out a school improvement program, including how they will:
create a network of schools or programs of study that integrate a rigorous curriculum emphasizing college and career readiness, and wraparound support services; use school-level strategies to personalize students' educational experience; demonstrate their capacity to implement and sustain their program; involve institutions of higher education, employers, community-based organizations, parent organizations, and other stakeholders in the school improvement process; provide school staff and other stakeholders with high-quality training and technical assistance; facilitate student transitions from secondary schools that do not award diplomas to secondary schools that do, and from the latter to postsecondary education; enable their program through policies that may include budgeting, governance, curriculum, and scheduling autonomies; place students, when possible, in a school or program of study that the student or their parents choose; assure that students are able to fully participate in their school or program of study and are not placed in a school or program of study on the basis of their prior academic achievement or status as a poor, minority, disabled, or limited English proficient student; and arrange for an ongoing and rigorous evaluation of their program, and disseminate best practices. | {"src": "billsum_train", "title": "To amend section 1112 of the Elementary and Secondary Education Act of 1965."} | 803 | 299 | 0.583945 | 1.861324 | 0.956433 | 2.681481 | 2.87037 | 0.874074 |
SECTION 1. COVERAGE OF CLASS III MEDICAL MOBILITY DEVICES.
(a) Covered Benefit.--Section 1861(s)(2) of the Social Security Act
(42 U.S.C. 1395x(s)(2)) is amended--
(1) in subparagraph (Z), by striking ``and'' at the end;
(2) in subparagraph (AA), by inserting ``and'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(BB) class III medical mobility devices (as defined in
subsection (ccc)(1)) furnished to a class III medical mobility-
device eligible individual (as defined in subsection
(ccc)(2));''.
(b) Definitions.--Section 1861 of such Act (42 U.S.C. 1395x) is
amended by adding at the end the following new subsection:
``Class III Medical Mobility Device; Class III Medical Mobility-Device
Eligible Individual
``(ccc)(1) The term `class III medical mobility device' means a
medical mobility device that has been approved as a class III medical
device pursuant to a premarket approval application under the Federal
Food, Drug, and Cosmetic Act and that--
``(A) is able, among other functions--
``(i) to ascend and descend stairs using a climbing
and descending function;
``(ii) to traverse different terrain and various
obstacles (including uneven terrain, curbs of 5 inches
in height, grass, gravel, and other soft surfaces)
using a 4-wheel drive function; and
``(iii) to provide mobility in a seated position at
an elevated height using a balance function;
``(B) has been prescribed for a class III medical mobility-
device eligible individual (as defined in paragraph (2)) by the
individual's treating physician (as defined in subsection
(r)(1)) for an approved indication of the class III medical
mobility device; and
``(C) is only dispensed after an assessment of the class
III medical mobility-device eligible individual has been
completed by a health care professional specified in paragraph
(3) who has successfully completed training in making such
assessments under standards specified by the Secretary in
consultation with representatives of appropriate industry and
medical organizations.
``(2) The term `class III medical mobility-device eligible
individual' means, with respect to a class III medical mobility device,
an individual who, at the time the prescription for the device is
written, meets each of the following requirements:
``(A) The individual has a functional limitation of
mobility that hinders the individual's ability to perform
mobility-related activities of daily living.
``(B) The use of the class III medical mobility device with
respect to the individual is for uses of the device that have
been approved by the Food and Drug Administration for the
device.
``(C) The individual demonstrates sufficient cognitive and
physical ability for the proper and safe operation of the
device (such as sufficient use of one upper extremity and the
ability to dial a push button telephone or operate a hand
operated joystick) under such medical standards as the
Secretary may specify.
``(D) The individual meets drivers licensing criteria
established in 1996 by the Epilepsy Foundation of America.
``(E) The individual is not a resident of an institution
that meets the requirements of subsection (e)(1) or section
1819(a)(1).
``(F) The individual has completed a comprehensive training
program (that meets standards developed by the Secretary in
consultation with appropriate industry representatives) on the
safe operation of the class III medical mobility device and its
functions.
``(G) The individual was initially entitled to benefits
under part A of this title by reason of section 226(b).
``(H) The residence of the individual--
``(i) has stairs that meet the conditions of use of
the class III medical mobility device for a stair as
indicated in the labeling of the device; and
``(ii) does not have a mechanical method to ascend
or descend such a stair or stairs (such as an elevator
or such other mechanical methods as the Secretary may
specify).
``(3) A health care professional specified in this paragraph is any
of the following:
``(A) A physician (as defined in subsection (r)(1)).
``(B) A physician assistant.
``(C) A nurse practitioner.
``(D) A qualified physical therapist.
``(E) A qualified occupational therapist.''.
(c) Conforming Amendments.--
(1) Provision of class iii medical mobility device only to
class iii medical mobility-device eligible individual; medical
necessity.--Section 1862 of such Act (42 U.S.C. 1395y) is
amended--
(A) in subsection (a)(1)--
(i) in subparagraph (M), by striking
``and'' at the end;
(ii) in subparagraph (N), by striking the
semicolon at the end and inserting ``, and'';
and
(iii) by inserting after subparagraph (N)
the following new subparagraph:
``(O) in the case of a class III medical mobility
device (as defined in paragraph (1) of section
1861(ccc)), which is furnished other than to a class
III medical mobility-device eligible individual (as
defined in paragraph (2) of such section);''; and
(B) by adding at the end the following new
subsection:
``(n) Clarification of Coverage of and Payment for All Functions of
Class III Medical Mobility Devices.--In the case of a class III medical
mobility device (as defined in section 1861(ccc)(1)) furnished to a
class III medical mobility-device eligible individual, each function of
such device, including the functions described in subparagraph (A) of
such section, are deemed for purposes of subsection (a)(1), to be
reasonable and necessary for the treatment of an illness or injury or
to improve the functioning of a malformed body member.''.
(2) Payment in connection covered items; purchase agreement
option; maintenance.--Section 1834(a) of such Act (42 U.S.C.
1395m(a)) is amended--
(A) in paragraph (1)(B)(ii), by inserting ``and
(22)'' after ``(7)'';
(B) in paragraph (13), by inserting before the
period at the end the following: ``, and also includes
a class III medical mobility device (as defined in
section 1861(ccc)(1))''; and
(C) by adding at the end the following new
paragraph:
``(22) Payment for class iii medical mobility devices.--
``(A) In general.--Subject to the subparagraph (B),
in the case of a class III medical mobility device (as
defined in section 1861(ccc)(1)), the provisions of
paragraph (7) (including the option for a purchase
agreement under subparagraph (A)(iii) of such
paragraph) shall apply to such device under this
paragraph in the same manner as those provisions apply
to a covered item under paragraph (7).
``(B) Payment for all functions of class iii
medical mobility devices.--In the case of a class III
medical mobility device, payment under this paragraph
for such device shall be made taking into account all
functions of such device, consistent with section
1862(n).''.
(3) Requirement for face-to-face encounter with a physician
and for written prescription.--Clause (iv) of section
1834(a)(1)(E) of such Act (42 U.S.C. 1395m(a)(1)(E)) is
amended--
(A) in the heading, by inserting ``and class iii
medical mobility devices'' after ``wheelchairs''; and
(B) by adding at the end the following: ``In the
case of a covered item consisting of a class III
medical mobility device (as defined in paragraph (1) of
section 1861(ccc)) for a class III medical mobility-
device eligible individual (as defined in paragraph (2)
of such section), payment may not be made for such item
under this part unless a physician (as defined in
section 1861(r)) has conducted such examination and
written such prescription for the item.''.
(d) Effective Date.--The amendments made by this section shall
apply to devices furnished on or after the date of the enactment of
this Act. | Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of certain medical mobility devices approved as a class III medical device pursuant to a premarket approval application under the Federal Food, Drug, and Cosmetic Act. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of certain medical mobility devices approved as class III medical devices."} | 1,923 | 56 | 0.508299 | 1.257633 | 0.822562 | 5.377778 | 38.822222 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATM Fee Disclosure Act of 1996''.
SEC. 2. ELECTRONIC FUND TRANSFER FEES.
(a) Disclosures Required.--The Electronic Fund Transfer Act (15
U.S.C. 1693 et seq.) is amended--
(1) by redesignating sections 918, 919, 920, and 921 as
sections 919, 920, 921, and 922, respectively; and
(2) by inserting after section 917 the following new
section:
``SEC. 918. FEES.
``(a) Disclosure of Point-of-Sale and Cash Withdrawal Fees.--In the
case of any electronic fund transfer which is initiated by a consumer
through the use of an electronic terminal, including a telephone
operated by the consumer, no fee may be imposed by any person in
connection with such transaction unless a notice is provided to the
consumer, in accordance with subsection (b), which clearly states the
following:
``(1) A fee will be imposed in connection with the
transaction.
``(2) The amount of any such fee.
``(3) The consumer may cancel the transaction without
paying the fee.
``(4) If the consumer does not elect to continue in the
manner necessary to effect the transaction after receiving this
notice, the transaction will be canceled without the imposition
of a fee by any person, including any person described in
subparagraph (B), (C), or (D) of subsection (d)(1) who would
have been involved in the transaction had the transaction been
completed.
``(b) Time and Location of Notice.--The notice required under
subsection (a) shall appear on the screen of the electronic terminal or
on a paper notice issued from the machine or, in the case of an
electronic fund transfer by a telephonic instrument, as a voice message
clearly audible to the consumer after the transaction is initiated and
before the consumer is irrevocably committed to completing the
transaction.
``(c) Prohibition on Fees Not Properly Disclosed or Explicitly
Assumed by Consumer.--No fee may be imposed by any person in connection
with any electronic fund transfer initiated by a consumer for which a
notice is required under subsection (a), unless--
``(1) the consumer receives such notice in accordance with
subsection (b); and
``(2) the consumer elects to complete the transaction, or
otherwise responds in the manner necessary to effect the
transaction, after receiving such notice.
``(d) Scope of Notice and Prohibition.--
``(1) In general.--The requirement of notice of fees under
subsection (a) and the prohibition on the imposition of fees
under subsection (c) shall apply with respect to any fee which
is or would be imposed in connection with any electronic fund
transfer to which such subsections apply by--
``(A) the person operating or owning the electronic
terminal or telephonic instrument at which the
transaction is initiated by the consumer (other than a
telephone operated by the consumer);
``(B) the financial institution holding the account
of the consumer;
``(C) any national, regional, or local network
utilized to effect the transaction; and
``(D) any other party involved in the electronic
fund transfer.
``(2) Transactions initiated by telephone.--In the case of
an electronic fund transfer initiated by a consumer through the
use of a telephone operated by the consumer, the electronic
terminal or telephonic instrument to which the consumer
connects through the use of such telephone shall be treated as
the electronic terminal or telephonic instrument at which the
electronic fund transfer is initiated for purposes of this
section.
``(e) Documentation.--Written documentation of the amount of any
fee imposed by any person in connection with any electronic fund
transfer for which notice is required under this subsection, and the
identity of any such person, shall be provided directly to the consumer
upon completion of such transfer.
``(f) Balance Inquiries.--For purposes of this section, the term
`electronic fund transfer' includes a transaction which involves a
balance inquiry initiated by a consumer in the same manner as an
electronic fund transfer, whether or not the consumer initiates a
transfer of funds in the course of the transaction.''.
(b) Conforming Amendment.--Section 906(a) of the Electronic Fund
Transfer Act (15 U.S.C. 1693d(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) The amount and type of any fee imposed in connection
with the transfer, including any fee information required to be
disclosed pursuant to section 918(e).''. | ATM Fee Disclosure Act of 1996 - Amends the Electronic Fund Transfer Act to prohibit imposition of a fee upon an electronic fund transfer initiated by a consumer from an electronic terminal (including a telephone) unless explicit disclosures are provided regarding the amount of any transaction fee and the consumer's option to cancel the transaction without paying the fee.
Mandates written documentation upon completion of the transfer of such fee amount and the identity of the person imposing it.
Includes within such electronic fund transfers, for purposes of this Act, a balance inquiry initiated by a consumer in the same manner as an electronic fund transfer regardless of whether the consumer initiates a transfer of funds in the course of the transaction. | {"src": "billsum_train", "title": "ATM Fee Disclosure Act of 1996"} | 1,084 | 147 | 0.64696 | 1.918008 | 0.773622 | 4.060606 | 7.659091 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Historic Barn Preservation
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) historic barns are--
(A) viable elements of food production in the
United States; and
(B) a vital component of the cultural heritage of
the United States;
(2) historic barns shed light on the earliest agricultural
achievements of the United States;
(3) historic barns are endangered by deterioration and
demolition; and
(4) the United States must--
(A) protect historic barns for continued
agricultural use so that future generations can
understand how the United States was built;
(B) keep records on the number, condition, and
variety of historic barns;
(C) develop better techniques to preserve and
protect historic barns; and
(D) take every step necessary to avoid further loss
of those national treasures.
SEC. 3. DEFINITIONS.
In this Act:
(1) Barn.--The term ``barn'' means a building (other than a
dwelling) on a farm, ranch, or other agricultural operation
for--
(A) housing animals;
(B) storing or processing crops;
(C) storing and maintaining agricultural equipment;
or
(D) serving an essential or useful purpose related
to agriculture on the adjacent land.
(2) Historic barn.--The term ``historic barn'' means a barn
that--
(A) is at least 50 years old;
(B) retains sufficient integrity of design,
materials, and construction to clearly identify the
barn as an agricultural building; and
(C) meets the criteria for listing on National,
State, or local registers or inventories of historic
structures.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Undersecretary of Rural
Development.
(4) Eligible applicant.--The term ``eligible applicant''
means--
(A) a State department of agriculture (or a
designee);
(B) a national or State nonprofit organization
that--
(i) is exempt from tax under section
501(c)(3) of the Internal Revenue Code of 1986;
and
(ii) has experience or expertise, as
determined by the Secretary, in the
identification, evaluation, rehabilitation,
preservation, or protection of historic barns;
and
(C) a State historic preservation office.
SEC. 4. HISTORIC BARN PRESERVATION PROGRAM.
(a) Establishment.--The Secretary shall establish a historic barn
preservation program--
(1) to assist States in developing a listing of historic
barns;
(2) to collect and disseminate information on historic
barns;
(3) to foster educational programs relating to the history,
construction techniques, rehabilitation, and contribution to
society of historic barns; and
(4) to sponsor and conduct research on--
(A) the history of barns; and
(B) best practices to protect and rehabilitate
historic barns from the effects of decay, fire, arson,
and natural disasters.
(b) Grants.--
(1) In general.--The Secretary may make grants to, or enter
into contracts or cooperative agreements with, eligible
applicants to carry out an eligible project under paragraph
(2).
(2) Eligible projects.--A grant under this subsection may
be made to an eligible entity for a project--
(A) to rehabilitate or repair a historic barn;
(B) to preserve a historic barn through--
(i) the installation of a fire protection
system, including fireproofing or fire
detection system and sprinklers; and
(ii) the installation of a system to
prevent vandalism; and
(C) to identify, document, and conduct research on
a historic barn to develop and evaluate appropriate
techniques or best practices for protecting historic
barns.
(3) Requirements.--An eligible applicant that receives a
grant for a project under this subsection shall comply with any
standards established by the Secretary of the Interior for
historic preservation projects.
SEC. 5. FUNDING.
There is authorized to be appropriated to carry out this Act,
$25,000,000 for the period of fiscal years 2002 through 2006, to remain
available until expended. | National Historic Barn Preservation Act of 2001 - Directs the Secretary of Agriculture to establish a historic barn preservation program. | {"src": "billsum_train", "title": "A bill to establish a national historic barn preservation program."} | 917 | 25 | 0.610465 | 1.356013 | 0.550711 | 2.904762 | 41.52381 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Acadia National Park Boundary
Clarification Act''.
SEC. 2. ACADIA NATIONAL PARK BOUNDARY CLARIFICATION.
(a) In General.--Section 101 of Public Law 99-420 (16 U.S.C. 341
note) is amended--
(1) in the first sentence, by striking ``In order to'' and
inserting the following:
``(a) Boundaries.--To'';
(2) in the second sentence--
(A) by striking ``The map'' and inserting the
following:
``(d) Availability of Maps.--The maps described in subsection (a)
and subsection (b)''; and
(B) by striking ``and it shall'' and inserting
``and shall''; and
(3) by inserting after subsection (a) (as so designated)
the following:
``(b) Schoodic Peninsula Addition.--The boundary of the Park is
confirmed to include approximately 1,441 acres of land and interests in
land, as depicted on the map entitled `Acadia National Park, Hancock
County, Maine, Schoodic Peninsula Boundary Revision', numbered 123/
129102, and dated July 10, 2015.
``(c) Ratification and Approval of Acquisitions of Land.--Congress
ratifies and approves--
``(1) effective as of September 26, 2013, the acquisition
by the United States of the land and interests in the land
described in subsection (b); and
``(2) effective as of the date on which the alteration
occurred, any alteration of the land or interests in the land
described in subsection (b) that is held or claimed by the
United States (including conversion of the land to fee simple
interest) that occurred after the date described in paragraph
(1).''.
SEC. 3. LIMITATION ON ACQUISITION OF LAND FOR ACADIA NATIONAL PARK.
(a) Limitation.--Except as provided in subsection (b), the
Secretary of the Interior (referred to in this Act as the
``Secretary'') may only acquire land or interests in land within the
boundary of Acadia National Park or outside the boundary of Acadia
National Park in Hancock or Knox County, Maine, in accordance with
Public Law 99-420 (16 U.S.C. 341 note).
(b) Exception.--The Secretary may conduct exchanges for land and
interests in land described in subsection (a) in accordance with
section 102901 of title 54, United States Code.
SEC. 4. SOLID WASTE MANAGEMENT.
Section 102(f) of Public Law 99-420 (16 U.S.C. 341 note) is
amended, in the second sentence, by striking ``toward the cost of
constructing'' through the period at the end of the sentence and
inserting the following: ``$350,000 to a regional consortium composed
of units of local government located on, or in the vicinity of, Mount
Desert Island, Maine, that is established for the purpose of improving
the management of the disposal and recycling of solid waste.''.
SEC. 5. ACADIA NATIONAL PARK ADVISORY COMMISSION.
(a) In General.--The Secretary shall reestablish and appoint
members to the Acadia National Park Advisory Commission in accordance
with section 103 of Public Law 99-420 (16 U.S.C. 341 note).
(b) Conforming Amendment.--Section 103 of Public Law 99-420 (16
U.S.C. 341 note) is amended by striking subsection (f).
SEC. 6. REPEAL OF CERTAIN PROVISIONS RELATING TO ACADIA NATIONAL PARK.
The following are repealed:
(1) Section 3 of the Act of February 26, 1919 (40 Stat.
1178, chapter 45).
(2) The first section of the Act of January 19, 1929 (45
Stat. 1083, chapter 77).
SEC. 7. MODIFICATION OF USE RESTRICTION.
The Act of August 1, 1950 (64 Stat. 383, chapter 511), is amended--
(1) by striking ``That the Secretary'' and inserting the
following:
``SECTION 1. CONVEYANCE OF LAND IN ACADIA NATIONAL PARK.
``The Secretary''; and
(2) by striking ``for school purposes'' and inserting ``for
public purposes, subject to the conditions that use of the land
shall not degrade or adversely impact the resources or values
of Acadia National Park and that the land shall remain in
public ownership for recreational, educational, or similar
public purposes''.
SEC. 8. CONTINUATION OF CERTAIN TRADITIONAL USES.
Title I of Public Law 99-420 (16 U.S.C. 341 note) is amended by
adding at the end the following:
``SEC. 109. CONTINUATION OF CERTAIN TRADITIONAL USES.
``To allow for the continuation of traditional harvesting and
aquaculture of clams, worms, mussels, periwinkles, and other marine
organisms (as defined in section 6001(26) of title 12 of the Maine
Revised Statutes (as in effect on the date of enactment of the Acadia
National Park Boundary Clarification Act)) in intertidal areas in the
Park, the Secretary shall permit the harvesting of the marine organisms
in the Park in accordance with the laws (including regulations) of the
State of Maine and units of local government in the State of Maine.''.
SEC. 9. CONVEYANCE OF CERTAIN LAND IN ACADIA NATIONAL PARK TO THE TOWN
OF BAR HARBOR, MAINE.
(a) In General.--The Secretary shall convey to the Town of Bar
Harbor (referred to in this section as the ``Town'') all right, title,
and interest of the United States in and to the .29-acre parcel of land
in Acadia National Park identified as lot 110-055-000 on the tax map of
the Town for section 110, dated April 1, 2015, to be used for a solid
waste transfer facility.
(b) Reversion.--If the land conveyed under subsection (a) is used
for a purpose other than the purpose described in that subsection, the
land shall, at the discretion of the Secretary, revert to the United
States. | Acadia National Park Boundary Clarification Act This bill confirms that the boundary of Acadia National Park in Maine includes approximately 1,441 acres of land and interests in the Schoodic Peninsula. The bill ratifies and approves: the acquisition by the United States of such land and interests, effective as of September 26, 2013, and any alteration of such land or interests held or claimed by the United States that occurred after such date. The Department of the Interior may only acquire land or interests in land within or outside of the boundaries of the park in Hancock or Knox Counties, Maine, in accordance with the statute that established the park's boundaries, except that Interior may conduct exchanges for lands and interests in accordance with the provisions relating to conveyances of certain property and interests in property acquired by Interior that are within units of the National Park System or related areas. Interior shall contribute a specified amount to a regional consortium composed of units of local government on or in the vicinity of Mount Desert Island that was established to improve the management of the disposal and recycling of solid waste. Interior shall reestablish and appoint members to the Acadia National Park Advisory Commission. Certain land in the park that was conveyed by Interior to the town of Tremont, Maine, shall no longer be used exclusively for school purposes, but for public purposes, subject to the conditions that: (1) use of such land shall not degrade or adversely impact the park's resources or values; and (2) such land shall remain in public ownership for recreational, educational, or similar public purposes. Interior shall permit the harvesting of the marine organisms within the park according to the laws of the state of Maine and its local governments in order to allow for the continuation of traditional harvesting and aquaculture of clams, worms, mussels, periwinkles, and other marine organisms within intertidal areas in the park. Interior shall convey to the town of Bar Harbor a specified .29-acre parcel of land within the park to be used for a solid waste transfer facility. | {"src": "billsum_train", "title": "Acadia National Park Boundary Clarification Act"} | 1,455 | 442 | 0.610664 | 2.149199 | 0.782336 | 4.161125 | 3.158568 | 0.877238 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Construction Safety Team
Act of 2002''.
SEC. 2. NATIONAL CONSTRUCTION SAFETY TEAMS.
(a) Establishment.--The Director of the National Institute of
Standards and Technology (in this Act referred to as the ``Director'')
is authorized to establish National Construction Safety Teams for
deployment within 48 hours after events causing the failure of a
building or buildings that has resulted in substantial loss of life or
that posed significant potential for substantial loss of life. The
Director shall promptly publish in the Federal Register notice of the
establishment of each National Construction Safety Team.
(b) Procedures.--
(1) Development.--Not later than 3 months after the date of
the enactment of this Act, the Director, in consultation with
the Administrator of the United States Fire Administration and
the heads of other appropriate Federal agencies, shall develop
procedures for the establishment and deployment of National
Construction Safety Teams. The Director shall update such
procedures as appropriate. Such procedures shall include
provisions--
(A) regarding conflicts of interest related to
service on the Team;
(B) defining the circumstances under which the
Director will establish and deploy a National
Construction Safety Team;
(C) prescribing the appropriate size of National
Construction Safety Teams;
(D) guiding the disclosure of information under
section 8;
(E) guiding the conduct of investigations under
this Act;
(F) identifying, and prescribing appropriate
conditions for the provision by the Director of,
additional resources and services that a National
Construction Safety Team may need;
(G) for ensuring that investigations under this Act
do not impede and are coordinated with any search and
rescue efforts being undertaken at the site of the
building failure;
(H) requiring regular briefings of the public on
the status of the investigative proceeding and
findings;
(I) guiding the National Construction Safety Teams
in the moving and preservation of evidence as described
in subsections (a)(4), (b)(2), and (d)(4) of section 5;
(J) providing for coordination with Federal, State,
and local entities that may sponsor research or
investigations of building failures, including research
conducted under the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701 et seq.); and
(K) regarding such other issues as the Director
considers appropriate.
(2) Publication.--The Director shall publish promptly in
the Federal Register final procedures, and subsequent updates
of the procedures, that are developed under paragraph (1).
SEC. 3. COMPOSITION OF TEAMS.
(a) Team Leader.--Each National Construction Safety Team shall be
led by an individual designated by the Director.
(b) Members.--
(1) In general.--The members of a National Construction
Safety Team shall include--
(A) at least one employee of the National Institute
of Standards and Technology; and
(B) others who are experts not employed by the
National Institute of Standards and Technology.
(2) Source of additional members.--The experts referred to
in paragraph (1)(B) may include private sector experts, experts
from institutions of higher education, representatives of
professional organizations with appropriate expertise, and
appropriate Federal, State, or local government officials.
SEC. 4. FUNCTIONS OF TEAMS.
National Construction Safety Teams shall--
(1) conduct investigations to establish the likely
technical cause or causes of the building failure;
(2) evaluate the technical aspects of evacuation and
emergency response procedures;
(3) recommend specific improvements to building standards,
codes, and practices based on the findings made pursuant to
paragraphs (1) and (2); and
(4) recommend research and other appropriate actions needed
to improve the structural safety of buildings, and improve
evacuation and emergency response procedures, based on the
findings of the investigation.
SEC. 5. AUTHORITIES.
(a) Entry and Inspection.--In investigating a building failure
under this Act, members of a National Construction Safety Team, and any
other person authorized by the Director to support a National
Construction Safety Team, upon the display of appropriate credentials
provided by the Director, may--
(1) enter property where a building failure being
investigated has occurred, or where building components,
materials, and artifacts with respect to the building failure
are located, and do anything necessary to conduct the
investigation;
(2) inspect any record (including any design, construction,
or maintenance record), process, or facility related to the
investigation;
(3) inspect and test any building components, materials,
and artifacts related to the building failure; and
(4) move such components, materials, and artifacts as
provided by the procedures developed under section 2(b)(1).
(b) Avoiding Unnecessary Interference and Preserving Evidence.--An
inspection, test, or other action taken by a National Construction
Safety Team under this section shall be conducted in a way that--
(1) does not interfere unnecessarily with services provided
by the owner or operator of the building components, materials,
or artifacts, property, records, process, or facility; and
(2) to the maximum extent feasible, preserves evidence
related to the building failure, consistent with the ongoing
needs of the investigation.
(c) Coordination.--
(1) With search and rescue efforts.--A National
Construction Safety Team shall not impede, and shall coordinate
its investigation with, any search and rescue efforts being
undertaken at the site of the building failure.
(2) With other research.--A National Construction Safety
Team shall coordinate its investigation, to the extent
practicable, with qualified researchers who are conducting
engineering or scientific (including social science) research
relating to the building failure.
(3) Memoranda of understanding.--To provide for the
coordination of investigations, the Director shall enter into a
memorandum of understanding with the head of each Federal
agency that may conduct or sponsor an investigation related to
an investigation by a National Construction Safety Team.
(d) Interagency Priorities.--
(1) In general.--Except as provided in paragraph (2) or
(3), a National Construction Safety Team investigation shall
have priority over any other investigation of any other Federal
agency.
(2) National transportation safety board.--If the National
Transportation Safety Board is conducting an investigation
related to a matter under investigation by a National
Construction Safety Team, the National Transportation Safety
Board investigation shall have priority over the National
Construction Safety Team investigation. Such priority shall not
otherwise affect the authority of the Team to continue its
investigation under this Act.
(3) Criminal acts.--If the Attorney General, in
consultation with the Director, determines and notifies the
Director that circumstances reasonably indicate that the
building failure being investigated by a National Construction
Safety Team may have been caused by a criminal act with intent
to cause the building failure, the National Construction Safety
Team shall relinquish investigative priority to the appropriate
Federal law enforcement agency. The relinquishment of
investigative priority by the National Construction Safety Team
shall not otherwise affect the authority of the Team to
continue its investigation under this Act.
(4) Preservation of evidence.--If the head of a Federal law
enforcement agency suspects and notifies the Director that a
building failure being investigated by a National Construction
Safety Team under this Act may have been caused by a criminal
act with intent to cause the building failure, the National
Construction Safety Team, in consultation with the head of that Federal
law enforcement agency, shall take actions necessary to ensure that
evidence of the criminal act is preserved.
SEC. 6. BRIEFINGS, HEARINGS, WITNESSES, AND SUBPOENAS.
(a) General Authority.--The Director, on behalf of a National
Construction Safety Team, may conduct hearings, administer oaths, and
require, by subpoena and otherwise, necessary witnesses and evidence as
necessary to carry out this Act.
(b) Briefings.--A National Construction Safety Team shall hold
regular public briefings on the status of the investigative proceeding
and findings of the team.
(c) Public Hearings.--During the course of an investigation by a
National Construction Safety Team, an official or officials of the
National Institute of Standards and Technology shall, if the Director
considers it to be in the public interest, hold a public hearing for
the purposes of--
(1) gathering testimony from witnesses; and
(2) informing the public on the progress of the
investigation.
(d) Production of Witnesses.--A witness in an investigation under
this Act may be summoned, and evidence in such an investigation may be
required to be produced, from any place in the United States. A witness
summoned under this subsection is entitled to the same fee and mileage
allowance that the witness would have been paid in a court of the
United States.
(e) Issuance of Subpoenas.--A subpoena shall be issued under the
signature of the Director but may be served by any person designated by
the Director.
(f) Failure To Obey Subpoena.--If a person disobeys a subpoena,
order, or inspection notice issued by the Director or a National
Construction Safety Team under this Act, the Director may bring a civil
action in a district court of the United States to enforce the
subpoena, order, or notice. An action under this subsection may be
brought in the judicial district in which the person against whom the
action is brought resides, is found, or does business. The court may
punish a failure to obey an order of the court to comply with the
subpoena, order, or notice as a contempt of court.
SEC. 7. ADDITIONAL POWERS.
In order to support a National Construction Safety Team in carrying
out this Act, the Director may--
(1) procure the temporary or intermittent services of
experts or consultants under section 3109 of title 5, United
States Code;
(2) request the use, when appropriate, of available
services, equipment, personnel, and facilities of a department,
agency, or instrumentality of the United States Government on a
reimbursable or other basis;
(3) confer with employees and request the use of services,
records, and facilities of State and local governmental
authorities;
(4) accept voluntary and uncompensated services;
(5) make contracts with nonprofit entities to carry out
studies related to purpose, functions, and authorities of the
National Construction Safety Teams; and
(6) provide nongovernmental members of the National
Construction Safety Team reasonable compensation for time spent
carrying out activities under this Act.
SEC. 8. DISCLOSURE OF INFORMATION.
(a) General Rule.--Except as otherwise provided in this section, a
copy of a record, information, or investigation submitted or received
by a National Construction Safety Team shall be made available to the
public on request and at reasonable cost.
(b) Exception.--Subsection (a) does not require the release of
information that--
(1) is exempt under subsection (b) of section 552 of title
5, United States Code, from disclosure under that section; or
(2) is otherwise protected from disclosure by any other law
of the United States.
(c) Protection of Voluntary Submission of Information.--
Notwithstanding any other provision of law, a National Construction
Safety Team, the National Institute of Standards and Technology, and
any agency receiving information from a National Construction Safety
Team or the National Institute of Standards and Technology, shall not
disclose voluntarily provided safety-related information if that
information is not directly related to the building failure being
investigated and the Director finds that the disclosure of the
information would inhibit the voluntary provision of that type of
information.
(d) Public Safety Information.--A National Construction Safety Team
and the National Institute of Standards and Technology shall not
publicly release any information it receives in the course of an
investigation under this Act if the Director finds that the disclosure
of that information might jeopardize public safety.
SEC. 9. NATIONAL CONSTRUCTION SAFETY TEAM REPORT.
Not later than 90 days after completing an investigation, a
National Construction Safety Team shall issue a public report which
includes--
(1) an analysis of the likely technical cause or causes of
the building failure investigated;
(2) technical recommendations for changes to or the
establishment of evacuation and emergency response procedures;
(3) recommended specific improvements to building
standards, codes, and practices; and
(4) recommendations for research and other appropriate
actions needed to help prevent future building failures.
SEC. 10. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACTIONS.
After the issuance of a public report under section 9, the Director
shall comprehensively review the report and, working with the
Administrator of the United States Fire Administration and the heads of
other appropriate Federal and non-Federal agencies and organizations--
(1) conduct, or enable or encourage the conduct of,
appropriate research recommended by the National Construction
Safety Team; and
(2) promote the appropriate adoption by the Federal
Government, and encourage the appropriate adoption by the heads
of other agencies and organizations, of the recommendations of
the National Construction Safety Team with respect to--
(A) technical aspects of evacuation and emergency
response procedures;
(B) specific improvements to building standards,
codes, and practices; and
(C) other actions needed to help prevent future
building failures.
SEC. 11. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ANNUAL REPORT.
Not later than February 15 of each year, the Director shall
transmit to the Committee on Science of the House of Representatives
and to the Committee on Commerce, Science, and Transportation of the
Senate a report that includes--
(1) a summary of the investigations conducted by National
Construction Safety Teams during the fiscal year ending in the
preceding year;
(2) a summary of recommendations made by the National
Construction Safety Teams in reports issued under section 9
during such fiscal year; and
(3) a description of the actions taken by the National
Institute of Standards and Technology during such fiscal year
in response to reports issued under section 9.
SEC. 12. ADVISORY COMMITTEE.
(a) Establishment and Functions.--The Director, in consultation
with the Administrator of the United States Fire Administration and the
heads of other appropriate Federal agencies, shall establish an
advisory committee to advise the Director on carrying out this Act and
to review the procedures developed under section 2(b)(1) and the
reports issued under section 9.
(b) Annual Report.--On January 1 of each year, the advisory
committee shall transmit to the Committee on Science of the House of
Representatives and to the Committee on Commerce, Science, and
Transportation of the Senate a report that includes--
(1) an evaluation of the activities of the National
Construction Safety Teams, together with recommendations to
improve the operation and effectiveness of National
Construction Safety Teams; and
(2) an assessment of the implementation of the
recommendations of National Construction Safety Teams and of
the advisory committee.
(c) Duration of Advisory Committee.--Section 14 of the Federal
Advisory Committee Act shall not apply to the advisory committee
established under this section.
SEC. 13. ADDITIONAL APPLICABILITY.
The authorities and restrictions applicable under this Act to the
Director and to National Construction Safety Teams shall apply to the
activities of the National Institute of Standards and Technology in
response to the attacks of September 11, 2001.
SEC. 14. AMENDMENT.
Section 7 of the National Bureau of Standards Authorization Act for
Fiscal Year 1986 (15 U.S.C. 281a) is amended by inserting ``, or from
an investigation under the National Construction Safety Team Act of
2002,'' after ``from such investigation'' in the second sentence.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Institute
of Standards and Technology for carrying out this Act $25,000,000 for
each of the fiscal years 2003 through 2005, to remain available until
expended. | National Construction Safety Team Act of 2002 - Authorizes the Director of the National Institute of Standards and Technology (NIST) to establish National Construction Safety Teams for deployment within 48 hours after events causing the failure of a building that has resulted in substantial loss of life or that posed significant potential for such loss of life.Requires Teams to: (1) consist of at least one NIST employee and other experts who are not NIST employees; (2) conduct investigations to establish the likely technical cause(s) of the building failure; (3) evaluate the technical aspects of evacuation and emergency response procedures; (4) recommend specific improvements to building standards, codes, and practices; and (5) recommend research and other appropriate actions needed to improve the structural safety of buildings and evacuation and emergency response procedures.Requires such a Team to coordinate its investigations with any search and rescue efforts being undertaken at the site of the building failure. Requires the Director to enter into a memorandum of understanding with the head of each Federal agency that may conduct or sponsor an investigation related to a Team's investigation. Grants a Team investigation priority over any other investigation of any other Federal agency, with the exception of related investigations conducted by the National Transportation Safety Board or building failures that may have been caused by criminal acts.Requires: (1) Teams to issue public reports after completing investigations; and (2) the Director to review such reports, to conduct or encourage appropriate recommended research, to promote adoption of Team recommendations by the Federal Government and encourage adoption by other agencies and organizations, to report to Congress on Team investigations and recommendations and on NIST actions in response, and to establish an advisory committee. | {"src": "billsum_train", "title": "A bill to provide for the establishment of investigative teams to assess building performance and emergency response and evacuation procedures in the wake of any building failure that has resulted in substantial loss of life or that posed significant potential of substantial loss of life, and for other purposes."} | 3,374 | 350 | 0.650124 | 2.095627 | 0.816542 | 4.290123 | 9.990741 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Promotion and Disease
Prevention for Persons with Disabilities Act''.
SEC. 2. ESTABLISHMENT OF HEALTH PROMOTION AND DISEASE PREVENTION
PROGRAM FOR PERSONS WITH DISABILITIES.
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 new
section:
``SEC. 399O. ESTABLISHMENT OF HEALTH PROMOTION AND DISEASE PREVENTION
PROGRAM FOR PERSONS WITH DISABILITIES.
``(a) In General.--The Secretary may make grants to, or enter into
contracts or cooperative agreements with, public and nonprofit private
entities for the purpose of carrying out programs for promoting good
health, disease prevention, and wellness for persons with disabilities
and preventing secondary conditions in persons with disabilities.
``(b) Certain Authorized Activities.--With respect to promoting
good health and wellness for persons with disabilities described in
subsection (a), activities for which the Secretary may make a grant
under such subsection include--
``(1) coordinating activities for preventing secondary
disabling conditions; for health promotion, disease prevention,
disease prevention and wellness for persons with disabilities;
``(2) conducting demonstrations and interventions;
``(3) conducting surveillances and studies on cost-
effectiveness and efficacy of interventions;
``(4) studying the effects and costs of environmental
barriers for persons with disabilities;
``(5) educating the public; and
``(6) educating and training health professionals
(including allied health professionals) and conducting
activities to improve the clinical skills of such
professionals.
``(c) Reports to Secretary.--The Secretary may not make a grant
under subsection (a) unless the applicant for the grant agrees to
submit to the Secretary such reports as the Secretary may require with
respect to the grant.
``(d) Priorities.--The Secretary shall establish a National
Advisory Committee on Health Promotion and Disease Prevention for
Persons With Disabilities which shall set priorities to carry out this
section and annually evaluate the progress of the program under this
section in implementing the priorities.
``(e) Requirement of Application.--The Secretary may not make a
grant under subsection (a) unless an application for such assistance is
submitted to the Secretary and the application is in such form, is made
in such manner, and contains such agreements, assurances, and
information as the Secretary determines to be necessary to carry out
this section.
``(f) Limitation Regarding Education of Health Professionals.-- In
making grants under subsection (a), the Secretary may not, for
activities described in subsection (b)(6), obligate more than 10
percent of the amounts appropriated under subsection (k) for any fiscal
year.
``(g) Technical Assistance.--The Secretary may provide training,
technical assistance, and consultations with respect to the planning,
development, and operation of any program preventing secondary
disabling conditions in persons with disabilities.
``(h) Provision of Supplies and Services in Lieu of Funds.--
``(1) In general.--On the request of grantee under
subsection (a), the Secretary may, subject to paragraph (2),
provide supplies, equipment, and services for the purpose of
aiding the grantee in carrying out such subsection and, for
such purpose, may detail to the grantee any officer or employee
of the Department of Health and Human Services.
``(2) Corresponding reduction in payments.--With respect to
a request described in paragraph (1), the Secretary shall
reduce the amount of payments under subsection (a) to the
grantee by an amount equal to the costs of detailing personnel
(including pay, allowances, and travel expenses) and the fair
market value of any supplies, equipment, or services provided
by the Secretary. The Secretary shall, for the payment of
expenses incurred in complying with such request, expend the
amounts withheld.
``(i) Evaluations and Reports.--
``(1) Evaluations.--The Secretary shall, directly or
through contracts with public or private entities, provide for
evaluations of programs carried out pursuant to subsection (a).
``(2) Reports.--The Secretary shall, not later than 18
months after the date of the enactment of the Health Promotion
and Disease Prevention for Persons with Disabilities Act, and
annually thereafter, submit to the Congress a report
summarizing evaluations carried out pursuant to paragraph (1)
during the preceding fiscal year.
``(j) Definitions.--For purposes of this section:
``(1) The term `prevention of secondary conditions' means
activities that address the causes of secondary conditions and
activities and refer to the functional limitations involved and
the elimination or reduction of such limitations, including
activities that--
``(A) eliminate or reduce the factors that cause or
predispose a person with disabilities to acquire
secondary conditions or increase functional
limitations;
``(B) increase the early identification of existing
problems to eliminate factors that create or increase
functional limitations;
``(C) mitigate against the effects of disabilities
throughout the life of the individual; and
``(D) implement programs of health promotion,
disease prevention and wellness to assure the greatest
degree of quality of life for persons with
disabilities.
``(k) Authorization of Appropriations.--For the purpose of making
grants and contracts under this section, there are authorized to be
appropriated such sums as may be necessary.''. | Health Promotion and Disease Prevention for Persons with Disabilities Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants, contracts, or cooperative agreements for the promotion of good health and the prevention of secondary conditions in persons with disabilities through demonstrations and interventions, surveillances and studies, public education, and training health professionals.Directs the Secretary to establish a National Advisory Committee on Health Promotion and Disease Prevention for Persons With Disabilities to set program priorities. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a program for promoting good health, disease prevention, and wellness and for the prevention of secondary conditions for persons with disabilities, and for other purposes."} | 1,216 | 107 | 0.671791 | 1.612471 | 1.63859 | 3.478261 | 12.173913 | 0.956522 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``FHA Manufactured Housing Loan
Modernization Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) manufactured housing plays a vital role in providing
housing for low- and moderate-income families in the United
States;
(2) the FHA title I insurance program for manufactured home
loans traditionally has been a major provider of mortgage
insurance for home-only transactions;
(3) the manufactured housing market is in the midst of a
prolonged downturn which has resulted in a severe contraction
of traditional sources of private lending for manufactured home
purchases;
(4) during past downturns the FHA title I insurance program
for manufactured homes has filled the lending void by providing
stability until the private markets could recover;
(5) in 1992, during the manufactured housing industry's
last major recession, over 30,000 manufactured home loans were
insured under title I;
(6) in 2006, fewer than 1,500 manufactured housing loans
were insured under title I;
(7) the loan limits for title I manufactured housing loans
have not been adjusted for inflation since 1992; and
(8) these problems with the title I program have resulted
in an atrophied market for manufactured housing loans, leaving
American families who have the most difficulty achieving
homeownership without adequate financing options for home-only
manufactured home purchases.
(b) Purposes.--The purposes of this Act are--
(1) to provide adequate funding for FHA-insured
manufactured housing loans for low- and moderate-income
homebuyers during all economic cycles in the manufactured
housing industry;
(2) to modernize the FHA title I insurance program for
manufactured housing loans to enhance participation by Ginnie
Mae and the private lending markets; and
(3) to adjust the low loan limits for title I manufactured
home loan insurance to reflect the increase in costs since such
limits were last increased in 1992 and to index the limits to
inflation.
SEC. 3. EXCEPTION TO LIMITATION ON FINANCIAL INSTITUTION PORTFOLIO.
The second sentence of section 2(a) of the National Housing Act (12
U.S.C. 1703(a)) is amended--
(1) by striking ``In no case'' and inserting ``Other than
in connection with a manufactured home or a lot on which to
place such a home (or both), in no case''; and
(2) by striking ``: Provided, That with'' and inserting ``.
With''.
SEC. 4. INSURANCE BENEFITS.
(a) In General.--Subsection (b) of section 2 of the National
Housing Act (12 U.S.C. 1703(b)), is amended by adding at the end the
following new paragraph:
``(8) Insurance benefits for manufactured housing loans.--
Any contract of insurance with respect to loans, advances of
credit, or purchases in connection with a manufactured home or
a lot on which to place a manufactured home (or both) for a
financial institution that is executed under this title after
the date of the enactment of the FHA Manufactured Housing Loan
Modernization Act of 2007 by the Secretary shall be conclusive
evidence of the eligibility of such financial institution for
insurance, and the validity of any contract of insurance so
executed shall be incontestable in the hands of the bearer from
the date of the execution of such contract, except for fraud or
misrepresentation on the part of such institution.''.
(b) Applicability.--The amendment made by subsection (a) shall only
apply to loans that are registered or endorsed for insurance after the
date of the enactment of this Act.
SEC. 5. MAXIMUM LOAN LIMITS.
(a) Dollar Amounts.--Paragraph (1) of section 2(b) of the National
Housing Act (12 U.S.C. 1703(b)(1)) is amended--
(1) in clause (ii) of subparagraph (A), by striking
``$17,500'' and inserting ``$25,090'';
(2) in subparagraph (C) by striking ``$48,600'' and
inserting ``$69,678'';
(3) in subparagraph (D) by striking ``$64,800'' and
inserting ``$92,904'';
(4) in subparagraph (E) by striking ``$16,200'' and
inserting ``$23,226''; and
(5) by realigning subparagraphs (C), (D), and (E) 2 ems to
the left so that the left margins of such subparagraphs are
aligned with the margins of subparagraphs (A) and (B).
(b) Annual Indexing.--Subsection (b) of section 2 of the National
Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions
of this Act, is further amended by adding at the end the following new
paragraph:
``(9) Annual indexing of manufactured housing loans.--The
Secretary shall develop a method of indexing in order to
annually adjust the loan limits established in subparagraphs
(A)(ii), (C), (D), and (E) of this subsection. Such index shall
be based on the manufactured housing price data collected by
the United States Census Bureau. The Secretary shall establish
such index no later than one year after the date of the
enactment of the FHA Manufactured Housing Loan Modernization
Act of 2007.''.
(c) Technical and Conforming Changes.--Paragraph (1) of section
2(b) of the National Housing Act (12 U.S.C. 1703(b)(1)) is amended--
(1) by striking ``No'' and inserting ``Except as provided
in the last sentence of this paragraph, no''; and
(2) by adding after and below subparagraph (G) the
following:
``The Secretary shall, by regulation, annually increase the dollar
amount limitations in subparagraphs (A)(ii), (C), (D), and (E) (as such
limitations may have been previously adjusted under this sentence) in
accordance with the index established pursuant to paragraph (9).''.
SEC. 6. INSURANCE PREMIUMS.
Subsection (f) of section 2 of the National Housing Act (12 U.S.C.
1703(f)) is amended--
(1) by inserting ``(1) Premium Charges.--'' after ``(f)'';
and
(2) by adding at the end the following new paragraph:
``(2) Manufactured Home Loans.--Notwithstanding paragraph (1), in
the case of a loan, advance of credit, or purchase in connection with a
manufactured home or a lot on which to place such a home (or both), the
premium charge for the insurance granted under this section shall be
paid by the borrower under the loan or advance of credit, as follows:
``(A) At the time of the making of the loan, advance of
credit, or purchase, a single premium payment in an amount not
to exceed 2.25 percent of the amount of the original insured
principal obligation.
``(B) In addition to the premium under subparagraph (A),
annual premium payments during the term of the loan, advance,
or obligation purchased in an amount not exceeding 1.0 percent
of the remaining insured principal balance (excluding the
portion of the remaining balance attributable to the premium
collected under subparagraph (A) and without taking into
account delinquent payments or prepayments).
``(C) Premium charges under this paragraph shall be
established in amounts that are sufficient, but do not exceed
the minimum amounts necessary, to maintain a negative credit
subsidy for the program under this section for insurance of
loans, advances of credit, or purchases in connection with a
manufactured home or a lot on which to place such a home (or
both), as determined based upon risk to the Federal Government
under existing underwriting requirements.
``(D) The Secretary may increase the limitations on premium
payments to percentages above those set forth in subparagraphs
(A) and (B), but only if necessary, and not in excess of the
minimum increase necessary, to maintain a negative credit
subsidy as described in subparagraph (C).''.
SEC. 7. TECHNICAL CORRECTIONS.
(a) Dates.--Subsection (a) of section 2 of the National Housing Act
(12 U.S.C. 1703(a)) is amended--
(1) by striking ``on and after July 1, 1939,'' each place
such term appears; and
(2) by striking ``made after the effective date of the
Housing Act of 1954''.
(b) Authority of Secretary.--Subsection (c) of section 2 of the
National Housing Act (12 U.S.C. 1703(c)) is amended to read as follows:
``(c) Handling and Disposal of Property.--
``(1) Authority of secretary.--Notwithstanding any other
provision of law, the Secretary may--
``(A) deal with, complete, rent, renovate,
modernize, insure, or assign or sell at public or
private sale, or otherwise dispose of, for cash or
credit in the Secretary's discretion, and upon such
terms and conditions and for such consideration as the
Secretary shall determine to be reasonable, any real or
personal property conveyed to or otherwise acquired by
the Secretary, in connection with the payment of
insurance heretofore or hereafter granted under this
title, including any evidence of debt, contract, claim,
personal property, or security assigned to or held by
him in connection with the payment of insurance
heretofore or hereafter granted under this section; and
``(B) pursue to final collection, by way of
compromise or otherwise, all claims assigned to or held
by the Secretary and all legal or equitable rights
accruing to the Secretary in connection with the
payment of such insurance, including unpaid insurance
premiums owed in connection with insurance made
available by this title.
``(2) Advertisements for proposals.--Section 3709 of the
Revised Statutes shall not be construed to apply to any
contract of hazard insurance or to any purchase or contract for
services or supplies on account of such property if the amount
thereof does not exceed $25,000.
``(3) Delegation of authority.--The power to convey and to
execute in the name of the Secretary, deeds of conveyance,
deeds of release, assignments and satisfactions of mortgages,
and any other written instrument relating to real or personal
property or any interest therein heretofore or hereafter
acquired by the Secretary pursuant to the provisions of this
title may be exercised by an officer appointed by the Secretary
without the execution of any express delegation of power or
power of attorney. Nothing in this subsection shall be
construed to prevent the Secretary from delegating such power
by order or by power of attorney, in the Secretary's
discretion, to any officer or agent the Secretary may
appoint.''.
SEC. 8. REVISION OF UNDERWRITING CRITERIA.
(a) In General.--Subsection (b) of section 2 of the National
Housing Act (12 U.S.C. 1703(b)), as amended by the preceding provisions
of this Act, is further amended by adding at the end the following new
paragraph:
``(10) Financial soundness of manufactured housing
program.--The Secretary shall establish such underwriting
criteria for loans and advances of credit in connection with a
manufactured home or a lot on which to place a manufactured
home (or both), including such loans and advances represented
by obligations purchased by financial institutions, as may be
necessary to ensure that the program under this title for
insurance for financial institutions against losses from such
loans, advances of credit, and purchases is financially
sound.''.
(b) Timing.--Not later than the expiration of the 6-month period
beginning on the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall revise the existing underwriting
criteria for the program referred to in paragraph (10) of section 2(b)
of the National Housing Act (as added by subsection (a) of this
section) in accordance with the requirements of such paragraph.
SEC. 9. REQUIREMENT OF SOCIAL SECURITY ACCOUNT NUMBER FOR ASSISTANCE.
Section 2 of the National Housing Act (12 U.S.C. 1703) is amended
by adding at the end the following new subsection:
``(j) Requirement of Social Security Account Number for
Financing.--No insurance shall be granted under this section with
respect to any obligation representing any loan, advance of credit, or
purchase by a financial institution unless the borrower to which the
loan or advance of credit was made, and each member of the family of
the borrower who is 18 years of age or older or is the spouse of the
borrower, has a valid social security number.''.
SEC. 10. GAO STUDY OF MITIGATION OF TORNADO RISKS TO MANUFACTURED
HOMES.
The Comptroller General of the United States shall assess how the
Secretary of Housing and Urban Development utilizes the FHA
manufactured housing loan insurance program under title I of the
National Housing Act, the community development block grant program
under title I of the Housing and Community Development Act of 1974, and
other programs and resources available to the Secretary to mitigate the
risks to manufactured housing residents and communities resulting from
tornados. The Comptroller General shall submit to the Congress a report
on the conclusions and recommendations of the assessment conducted
pursuant to this section not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act.
Passed the House of Representatives June 25, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | FHA Manufactured Housing Loan Modernization Act of 2007 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes (or lots for such homes).
(Sec. 3) Exempts such loans from certain financial institution portfolio limits, increasing an allowable claim for loss from 10% to 90% of an institution's total amount of such loans, credit advances, and purchases.
(Sec. 4) Makes any new contract of insurance for such loans, credit advances, or purchases conclusive evidence of an institution's insurance eligibility. (Thus requires each loan to be insured individually instead of as part of a bundle of such loans.)
(Sec. 5) Increases loan limits, requiring annual indexing.
(Sec. 6) Prescribes requirements for payment by a borrower of premium charges for credit insurance, including an up-front premium of up to 2.25% and an annual premium of up to 1%.
(Sec. 7) Revises requirements for the handling and disposal of any real or personal conveyed to or acquired by the Secretary of Housing and Urban Development (HUD), and the pursuit of all claims against mortgagors assigned to the Secretary by mortgagees.
(Sec. 8) Directs the Secretary of HUD to: (1) establish underwriting criteria for loans and credit in connection with a manufactured home, or a lot for one, that will ensure the manufactured housing program's financial soundness; and (2) revise within six months existing criteria to accord with those established under this Act.
(Sec. 9) Prohibits any grant of credit insurance to a financial institution unless the borrower to which a housing renovation or modernization loan or advance of credit was made, and each member of the borrower's family age 18 years or older, including the borrower's spouse, has a valid Social Security number.
(Sec. 10) Directs the Comptroller General to assess, and report to Congress on, how the Secretary of HUD utilizes the FHA manufactured housing loan insurance program, the community development block grant program, and other programs and resources to mitigate the risks to manufactured housing residents and communities resulting from tornados. | {"src": "billsum_train", "title": "To modernize the manufactured housing loan insurance program under title I of the National Housing Act."} | 3,074 | 494 | 0.53602 | 1.803817 | 0.659888 | 2.72209 | 6.565321 | 0.897862 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SCHIP Extension Act of 2007''.
SEC. 2. EXTENSION OF SCHIP.
Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is
amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph
(9);
(B) by striking the period at the end of paragraph
(10) and inserting a semicolon; and
(C) by adding at the end the following new
paragraph:
``(11) for fiscal year 2008, $5,000,000,000; and
``(12) for the first 6 months of fiscal year 2009,
$2,500,000,000.''; and
(2) in subsection (c)(4)(B), by striking ``and $40,000,000
for fiscal year 2007'' and inserting ``$40,000,000 for each of
fiscal years 2007 and 2008, and $20,000,000 for the first 6
months of fiscal year 2009''.
SEC. 3. ADDITIONAL ALLOTMENTS TO ADDRESS SCHIP FUNDING SHORTFALLS FOR
FISCAL YEAR 2008 AND FIRST 6 MONTHS OF FISCAL YEAR 2009.
Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is
amended by adding at the end the following new subsection:
``(i) Amounts To Eliminate Funding Shortfalls for Fiscal Year 2008
and First 6 Months of Fiscal Year 2009.--
``(1) In general.--From the amounts appropriated under
paragraph (4) for a shortfall period (as defined in paragraph
(5)), the Secretary shall allot to each shortfall State
described in paragraph (2) for such period such amount as the
Secretary determines will eliminate the estimated shortfall
described in paragraph (2) for the State for the shortfall
period.
``(2) Shortfall state described.--For purposes of paragraph
(1), a shortfall State described in this paragraph for a
shortfall period is a State with a State child health plan
approved under this title for which the Secretary estimates, on
the basis of the most recent data available to the Secretary as
of a date (specified by the Secretary) during the shortfall
period, that the projected Federal expenditures under such plan
for the State for the shortfall period will exceed the sum of--
``(A) the amount of the State's allotments for the
two fiscal years ending before the shortfall period
that will not be expended by the end of the more recent
such fiscal year;
``(B) the amount of the State's allotment for the
shortfall period; and
``(C) the amounts, if any, that are to be
redistributed to the State during the shortfall period
in accordance with subsection (f).
``(3) Proration rule.--If the amount available under
paragraph (4) for a shortfall period is less than the total
amount of the estimated shortfalls determined by the Secretary
under paragraph (1) for such period, the amount of the
estimated shortfall for each shortfall State determined under
such paragraph for such period shall be reduced proportionally.
``(4) Appropriation; allotment authority.--For the purpose
of providing additional allotments to shortfall States under
this subsection--
``(A) Fiscal year 2008.--For the shortfall period
specified in paragraph (5)(A), there is appropriated,
out of any funds in the Treasury not otherwise
appropriated, such sums as are necessary for such
fiscal year, but not to exceed $1,500,000,000.
``(B) First 6 months of fiscal year 2009.--For the
shortfall period specified in paragraph (5)(B), there
is appropriated, out of any funds in the Treasury not
otherwise appropriated, such sums as are necessary for
such period, but not to exceed $1,100,000,000.
``(5) Shortfall periods specified.--For purposes of this
subsection, each of the following is a `shortfall period':
``(A) Fiscal year 2008.
``(B) The first 6 months of fiscal year 2009.''.
SEC. 4. OPTION FOR QUALIFYING STATES TO RECEIVE THE ENHANCED PORTION OF
THE SCHIP MATCHING RATE FOR MEDICAID COVERAGE OF CERTAIN
CHILDREN.
Section 2105(g) of the Social Security Act (42 U.S.C. 1397ee(g)) is
amended--
(1) in paragraph (1)(A), by inserting ``subject to
paragraph (4),'' after ``Notwithstanding any other provision of
law,''; and
(2) by adding at the end the following new paragraph:
``(4) Option for allotments.--
``(A) Payment of enhanced portion of matching rate
for certain expenditures.--In the case of expenditures
described in subparagraph (B), a qualifying State (as
defined in paragraph (2)) may elect to be paid from the
State's allotment made under section 2104 for any
fiscal year (beginning with fiscal year 2008) (insofar
as the allotment is available to the State under
subsections (e) and (i) of such section) an amount each
quarter equal to the additional amount that would have
been paid to the State under title XIX with respect to
such expenditures if the enhanced FMAP (as determined
under subsection (b)) had been substituted for the
Federal medical assistance percentage (as defined in
section 1905(b)).
``(B) Expenditures described.--For purposes of
subparagraph (A), the expenditures described in this
subparagraph are expenditures made after the date of
the enactment of this paragraph and during the period
in which funds are available to the qualifying State
for use under subparagraph (A), for the provision of
medical assistance to individuals residing in the State
who are eligible for medical assistance under the State
plan under title XIX or under a waiver of such plan and
who have not attained age 19, and whose family income
equals or exceeds 133 percent of the poverty line but
does not exceed the Medicaid applicable income
level.''. | SCHIP Extension Act of 2007 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to: (1) extend SCHIP through FY2008 and the first six months of FY2009; (2) provide additional allotments to states to address SCHIP funding shortfalls for the same period of time; and (3) authorize qualifying states to elect to receive the enhanced portion of the SCHIP matching rate for coverage of certain children under SSA title XIX (Medicaid). | {"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to extend funding for 18 months for the State Children's Health Insurance Program (SCHIP) and for other purposes."} | 1,364 | 119 | 0.541391 | 1.4217 | 0.598376 | 2.65625 | 12.59375 | 0.84375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Debit Card Protection
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) There has been a recent trend toward issuing debit
cards which can be used like credit cards, largely as
replacements for debit cards which could be used only with a
personal identification number at automated teller machines and
a limited number of retail establishments.
(2) According to industry analysts, as many as 1,300,000
new debit cards which can be used like credit cards are issued
each month.
(3) If current trends continue, debit cards that can be
used like credit cards will soon rival the popularity of credit
cards and some banking experts predict that more than \2/3\ of
the households in the United States will have such a card by
the year 2000.
(4) Many times, debit cards that can be used like credit
cards have been issued without providing adequate disclosure
that--
(A) the card may be used to initiate an electronic
fund transfer without the use of a personal
identification number or similar code or means of
access; and
(B) even though the card may carry a logo
associated with credit cards, the card is not a credit
card and the consumer may bear a significantly larger
liability for an unauthorized transaction involving
such debit card than would be the case for a similar
unauthorized transaction involving a credit card.
(5) Thus, millions of Americans are--
(A) receiving cards in a form they didn't request;
and
(B) are carrying such cards around with them--
(i) without realizing that the cards have
an expanded capability without the protections
against unauthorized transfers which are
typical of cards issued to make cash
withdrawals from automated teller machines; and
(ii) without fully appreciating the risks
associated with such cards.
(5) Economic stimulation would be enhanced and competition
among the various financial institutions and other companies
which issue debit cards would be strengthened by the informed
use of debit cards by consumers.
SEC. 3. DEBIT CARD CONSUMER PROTECTION.
(a) Issuance of Debit Cards.--Section 911 of the Electronic Fund
Transfer Act (15 U.S.C. 1693i) is amended by adding at the end the
following new subsections:
``(d) Warning to Consumer.--
``(1) In general.--If, in response to a request or
application by a consumer for a card for use in initiating
electronic fund transfers at automated teller machines and
other electronic terminals which require a code or other unique
form of identification in order to access the account of the
consumer, a financial institution issues a card which can be
used to initiate electronic fund transfers from the account of
the consumer without the protection of a code or other means of
access which uniquely identifies the consumer, the issuer of
such card shall include a statement in bold type in a prominent
and conspicuous location on such card, or on a notice
accompanying the card, which warns the consumer that such card
can be used without a code or means of access which uniquely
identifies the consumer and protects the consumer from
unauthorized transfers.
``(2) Replacement cards.--Paragraph (1) shall not apply
with respect to a card issued as a replacement for, or in
renewal of, a card previously issued to the consumer which can
be used to initiate electronic fund transfers from the account
of the consumer without the protection of a code or other means
of access which uniquely identifies the consumer.
``(3) Signature not treated as means of access which
uniquely identifies consumer.--A signature shall not be treated
as a means of access which uniquely identifies the consumer for
purposes of this section.
``(e) Preference of Consumer.--If--
``(1) in response to a request or application by a consumer
for a card for use in initiating electronic fund transfers at
automated teller machines and other electronic terminals which
requires a code or other unique form of identification in order
to access the account of the consumer, a financial institution
issues a card which can be used to initiate electronic fund
transfers from the account of the consumer without the
protection of a code or other means of access which uniquely
identifies the consumer; and
``(2) the consumer refuses to accept the card as issued,
the issuer shall promptly issue such consumer a card which requires a
code or other unique form of identification in order to access the
account of the consumer.''.
(b) Liability of Consumer for Unauthorized Transfers.--
(1) Consumer liability limited to $50.--Section 909(a) of
the Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) is
amended by striking the penultimate sentence and the last
sentence.
(2) Consumer not liable if the only form of identification
required is a signature.--The 1st sentence of section 909(a) of
the Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) is
amended by striking ``signature, photograph,'' and inserting
``photograph''.
(c) Provisional Recredit Provisions.--
(1) Provisional recredit after 3 days.--Section 908(c) of
the Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is
amended by striking ``ten business days'' and inserting ``3
business days''.
(2) Provisional recredit required upon notice of error
involving transactions initiated without code or unique
access.--
(A) In general.--Section 908(c) of the Electronic
Fund Transfer Act (as amended by paragraph (1) of this
subsection) is amended--
(i) by striking ``(c) If a financial
institution'' and inserting ``(c) Provisional
Recredit in Case of Error.--
``(1) In general.--If a financial institution''; and
(ii) by adding at the end the following new
paragraph:
``(2) Provisional recredit required upon notice of error
involving transactions initiated without code or unique
access.--Notwithstanding any other provision of this section,
if a financial institution receives notice of an error
involving an electronic fund transfer initiated by the use of a
card without a code or means of access which uniquely
identifies the consumer--
``(A) the financial institution shall provisionally
recredit the consumer's account for the amount alleged
to be in error, subject to section 909, including
interest where applicable, before the end of the 3-
business-day period beginning on the date the
institution receives such notice;
``(B) the institution shall complete an
investigation and make a determination of whether an
error has occurred before the end of the 45-day period
beginning on such date; and
``(C) the consumer shall have full use of the funds
provisionally recredited until such determination is
made.''.
(B) Technical and conforming amendment.--The last
sentence of section 908(a) is amended by striking
``subsection (c), nor shall the financial institution
be'' and inserting ``subsection (c) until such written
confirmation is received, and the financial institution
shall not be''.
(d) Requirement Relating to Consumer Inquiries and Notices.--
Section 906(c)(4) of the Electronic Fund Transfer Act (15 U.S.C.
1693d(c)(4)) is amended by striking ``the address and telephone
number'' and all that follows through the 1st period and inserting
``the address and telephone number at which the financial institution
can be contacted directly by the consumer for purposes of notifying the
institution of an error (including an unauthorized transaction) with
regard to the consumer's account, for purposes of notifying the
institution of the loss or theft of a card, code, or other means of
access to such account, or for purposes of making any inquiry with
regard to the statement or the account. The information provided under
this paragraph shall include a detailed description of the procedures
required to be followed by the consumer in providing any such notice,
any requirement that any such notice be in writing, any applicable time
limits for providing any such notice and the consequences of any
failure by the consumer to meet any such time limit, and any other
information the Board may require, by regulation, in order to ensure
that the rights of the consumer under this title are fully
protected.''.
(e) Disclosures Required as Precondition for Consumer Liability for
Unauthorized Transfers.--The 1st sentence of section 909(a) of the
Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) (as amended by
subsection (b)(2) of this section) is amended--
(1) by striking ``means of access and if the issuer'' and
inserting ``means of access, if the issuer''; and
(2) by inserting ``, if, in the most recent statement of
account, such issuer has provided the consumer with the
information required under section 906(c)(4), and if, in the
case of an unauthorized transfer initiated by the use of a card
without the protection of a code or other means of access which
uniquely identifies the consumer, the issuer complied with the
requirements of section 911(d)(1) at the time such card (or any
card for which such card is a replacement) was issued to the
consumer'' before the period at the end of such sentence.
(f) Prohibition on Fees for Insufficient Funds in Case of Certain
Unauthorized Transfers.--Section 909 of the Electronic Fund Transfer
Act (15 U.S.C. 1693g) is amended by adding at the end the following new
subsection:
``(f) Prohibition on Certain Fees.--
``(1) In general.--A consumer shall not be liable for any
fee imposed by a financial institution for insufficient funds
in the account of the consumer if the lack of sufficient funds
in such account is due to an unauthorized electronic fund
transfer (from such account) initiated by the use of a card
without the protection of a code or other means of access which
uniquely identifies the consumer.
``(2) Prompt recredit of prior fees.--Upon receiving notice
from a consumer of an alleged unauthorized transaction, a
financial institution shall promptly credit the account of a
consumer for any fee described in paragraph (1) which was
imposed before such notice was received.''. | Consumer Debit Card Protection Act - Amends the Electronic Fund Transfer Act with respect to a financial institution which issues electronic fund transfer cards for consumer accounts without a means of unique individual identification. Requires such an institution to include on the card a prominent and conspicuous consumer protection warning that the card can be used without a code or unique identifier. Provides that, if a consumer applies for a card requiring a code or other unique identifier, the institution issues a card without such an identifier, and the consumer refuses to accept it, the institution shall promptly issue the consumer a card which does require such a code or identifier to access a consumer account. Declares that a signature shall not be treated as a unique identifier.
Repeals guidelines governing consumer reimbursement and maximum liability for losses caused by the consumer's failure to timely report unauthorized electronic fund transfers. Limits consumer liability to a $50 maximum in all circumstances.
Excepts a consumer from liability for unauthorized electronic fund transfers if the only required form of identification is a signature.
Reduces from ten to three business days the period within which a financial institution may provide a provisional recredit of a consumer's account upon timely notice of error. Mandates provisional recredit of a consumer's account, including interest, upon receipt of notice of an error involving an electronic fund transfer initiated by the use of a card without a means of access which uniquely identifies the consumer.
Modifies the loss or theft of card notification information required on monthly account statements as a precondition for consumer liability for unauthorized transfers.
Precludes consumer liability for fees for insufficient funds due to an unauthorized electronic fund transfer executed by the use of a card lacking a protective device to serve as a unique identifier of the rightful consumer. Requires prompt recrediting of the consumer's account for any fee imposed before receipt of the consumer's notice of an unauthorized electronic fund transfer. | {"src": "billsum_train", "title": "Consumer Debit Card Protection Act"} | 2,316 | 446 | 0.477045 | 1.628335 | 0.805782 | 2.663912 | 5.749311 | 0.85124 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing Responsible Individuals
for a Vibrant Economy Act'' or the ``DRIVE-Safe Act''.
SEC. 2. APPRENTICESHIP PROGRAM FOR COMMERCIAL DRIVERS UNDER THE AGE OF
21.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an
individual under the age of 21 who holds a commercial driver's
license.
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section
31301 of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 390.5 of
title 49, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(4) Driving time.--The term ``driving time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(5) Experienced driver.--The term ``experienced driver''
means an individual who--
(A) is not less than 21 years of age;
(B) has held a commercial driver's license for the
2-year period ending on the date on which the
individual serves as an experienced driver under
subsection (c)(3)(B);
(C) has had no preventable accidents reportable to
the Department of Transportation or pointed moving
violations during the 1-year period ending on the date
on which the individual serves as an experienced driver
under subsection (c)(3)(B); and
(D) has a minimum of 1 year of experience driving a
commercial motor vehicle in interstate commerce.
(6) On-duty time.--The term ``on-duty time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(7) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being
added to the license of a driver, or a similar comparable
violation, as determined by the Secretary.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Apprentice.--An apprentice may--
(1) drive a commercial motor vehicle in interstate commerce
while taking part in the 120-hour probationary period under
subsection (c)(1) or the 280-hour probationary period under
subsection (c)(2), pursuant to an apprenticeship program
established by an employer in accordance with this section; and
(2) drive a commercial motor vehicle in interstate commerce
after the apprentice completes an apprenticeship program
described in paragraph (1).
(c) Apprenticeship Program.--An apprenticeship program referred to
in subsection (b)(2) is a program that consists of the following
requirements:
(1) 120-hour probationary period.--
(A) In general.--The apprentice shall complete 120
hours of on-duty time, of which not less than 80 hours
are driving time in a commercial motor vehicle.
(B) Performance benchmarks.--In order to complete
the 120-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Interstate, light city traffic, rural
2-lane, and evening driving.
(ii) Safety awareness.
(iii) Speed and space management.
(iv) Lane control.
(v) Mirror scanning.
(vi) Right and left turns.
(vii) Logging and complying with rules
relating to hours of service.
(2) 280-hour probationary period.--
(A) In general.--After completing the 120-hour
probationary period under paragraph (1), the apprentice
shall complete 280 hours of on-duty time, of which not
less than 160 hours are driving time in a commercial
motor vehicle.
(B) Performance benchmarks.--In order to complete
the 280-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Backing and maneuvering in close
quarters.
(ii) Pre-trip inspections.
(iii) Fueling procedures.
(iv) Weighing loads, weight distribution,
and sliding tandems.
(v) Coupling and uncoupling procedures.
(vi) Trip planning, truck routes, map
reading, navigation, and permits.
(3) Restrictions for 120-hour and 280-hour probationary
periods.--During the 120-hour probationary period under
paragraph (1) and the 280-hour probationary period under
paragraph (2)--
(A) the apprentice may only drive a commercial
motor vehicle that has--
(i) automatic manual or automatic
transmissions;
(ii) active braking collision mitigation
systems;
(iii) forward-facing video event capture;
and
(iv) governed speeds of 65 miles per hour
at the pedal and 65 miles per hour under
adaptive cruise control; and
(B) the apprentice shall be accompanied in the cab
of the commercial motor vehicle by an experienced
driver.
(4) Records retention.--The employer shall maintain
records, in a manner required by the Secretary, relating to the
satisfaction of the requirements of paragraphs (1)(B) and
(2)(B) by the apprentice.
(5) Reportable incidents.--If the apprentice is involved in
a preventable accident reportable to the Department of
Transportation or a pointed moving violation while driving a
commercial motor vehicle as part of an apprenticeship program
described in this subsection, the apprentice shall undergo
remediation and additional training until the apprentice can
demonstrate, to the satisfaction of the employer, competence in
each of the performance benchmarks described in paragraphs
(1)(B) and (2)(B).
(6) Completion of program.--The apprentice shall be
considered to have completed the apprenticeship program on the
date on which the apprentice completes the 280-hour
probationary period under paragraph (2).
(7) Minimum requirements.--
(A) In general.--Nothing in this Act prevents an
employer from imposing additional requirements on an
apprentice taking part in an apprenticeship program
established pursuant to this section.
(B) Technologies.--Nothing in this Act prevents an
employer from requiring or installing additional
technologies in a commercial motor vehicle in addition
to the technologies described in paragraph (3)(A).
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall promulgate regulations to implement
this Act. | Developing Responsible Individuals for a Vibrant Economy Act or the DRIVE-Safe Act This bill directs the Department of Transportation to promulgate regulations to implement an apprenticeship program for licensed commercial motor vehicle drivers under the age of 21. | {"src": "billsum_train", "title": "Developing Responsible Individuals for a Vibrant Economy Act"} | 1,468 | 52 | 0.481864 | 1.141497 | 0.754265 | 3.317073 | 32.707317 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Housing Protection Act''.
SEC. 2. CLARIFICATION OF PER-UNIT COSTS UNDER SECTION 8 RENTAL HOUSING
ASSISTANCE PROGRAM.
(a) In General.--Paragraph (1) of the item relating to the Housing
Certificate Fund in title II of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2004 (division G of Public Law 108-199; 118 Stat. 372) is
amended--
(1) by inserting ``in each calendar quarter'' after ``and
by applying''; and
(2) by inserting ``in the most recent quarter for which the
public housing agency has submitted such actual per unit cost
information to the Secretary'' after ``actual per unit cost''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to all expiring section 8 tenant-based annual contributions
contracts renewed pursuant to the paragraph referred to in subsection
(a), whether such renewal occurs before, on, or after the date of the
enactment of this Act.
SEC. 3. PLAN TO END WAITING LISTS FOR SECTION 8 RENTAL HOUSING
ASSISTANCE.
(a) Development of Plan.--The Secretary of Housing and Urban
Development shall develop a plan to reduce and eventually eliminate the
delay between the submission by an eligible family to a public housing
agency of an application for rental housing assistance under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) and the time
when such assistance is eventually made available on behalf of such a
family. The plan shall--
(1) identify actual affordable housing needs, taking into
consideration needs of eligible families who have not applied
to a public housing agency for housing assistance due to
extensive or closed waiting lists;
(2) provide for elimination of waiting lists over both the
10- and 20-year periods that begin upon the date of the
enactment of this Act;
(3) determine the amount of additional funding and other
resources necessary to eliminate the delay in providing housing
assistance to eligible families and the appropriate programs
and activities to which to devote such resources;
(4) include a strategy for expenditure of additional funds
that sets forth the projected results of such expenditures; and
(5) set forth options for an incentive program to encourage
landlords to participate in the rental housing assistance
program under such section 8.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Housing and Urban Development
shall submit a report to the Congress setting forth the plan required
under subsection (a).
SEC. 4. PROTECTION OF SECTION 8 RESERVES.
(a) Notification and Replenishment.--If the Secretary of Housing
and Urban Development withdraws amounts from the reserve account for
any public housing agency, or takes any other action that has the
result of reducing amounts in a reserve account without approval of the
agency, the Secretary shall--
(1) immediately notify the agency of such withdrawal or
action; and
(2) before the commencement of the quarter of the fiscal
year first commencing after such withdrawal or action,
replenish such reserve account with the full amount of such
withdrawal or reduction.
(b) Zero Balance Approval.--The Secretary of Housing and Urban
Development may not withdraw amounts from the reserve account for any
public housing agency, or take any other action that has the result of
reducing amounts in a reserve account, if such withdrawal or action
causes the balance of amounts in the reserve account for a public
housing agency to fall to zero, unless, in advance of such withdrawal
or action, the Secretary of Housing and Urban Development notifies the
public housing agency of withdrawal or action and obtains written
approval of such withdrawal or action from such public housing agency.
(c) Quarterly Notification.--The Secretary of Housing and Urban
Development shall, on a quarterly basis, notify each public housing
agency of the balance of amounts in the reserve account for the agency.
(d) Definitions.--For purposes of this section:
(1) Public housing agency.--The term ``public housing
agency'' has the meaning given the term in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(2) Reserve account.--The term ``reserve account'' means,
with respect to a public housing agency, the annual
contributions contract reserve account for the agency for the
tenant-based rental assistance program under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) .
SEC. 5. ADDITIONAL FUNDING FOR FAIR HOUSING INITIATIVES PROGRAM.
Subsection (g) of section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a) is amended by adding after
and below paragraph (4) the following:
``In addition to any other amounts made available to carry out this
section, there is authorized to be appropriated for investigative and
enforcement activities under this section $20,000,000 for each of
fiscal years 2005, 2006, and 2007. ''. | Fair Housing Protection Act - Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 to revise the per-unit cost calculation for expiring tenant-based rental assistance contracts under section 8 of the United States Housing Act of 1937.
Directs the Secretary of Housing and Urban Development to develop a plan to end section 8 waiting lists.
States that if the Secretary withdraws amounts from the reserve account for any public housing agency, or takes any other action that reduces reserve accounts without agency approval, the Secretary shall: (1) notify the agency of such withdrawal or action; and (2) before the commencement of the quarter of the fiscal year first commencing after such withdrawal or action, replenish the reserve account with the full amount of such withdrawal or reduction. Prohibits a zero balance withdrawal by the Secretary without prior notice to, and written approval from, a public housing agency.
Amends the Housing and Community Development Act of 1987 to authorize additional appropriations for the fair housing initiatives program. | {"src": "billsum_train", "title": "To reform and improve certain housing programs of the Department of Housing and Urban Development."} | 1,138 | 220 | 0.577209 | 1.578635 | 0.922947 | 4.914573 | 5.201005 | 0.944724 |
SECTION 1. EARLY DEFERRED ANNUITIES OF CERTAIN FORMER EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) Definitions.--For purposes of this section--
(1) the term ``Civil Service Retirement System'' means the
retirement system under subchapter III of chapter 83 of title
5, United States Code;
(2) the term ``defense contractor'' means any entity that--
(A) contracts with the Department of Defense to
perform a function previously performed by Department
of Defense employees; and
(B) performs that function at the installation at
which such function was previously performed by
Department of Defense employees or in the vicinity of
such installation;
(3) the term ``early deferred retirement age'', as used
with respect to a transferred employee, means the earliest age
at which such transferred employee would have been eligible for
immediate retirement under subsection (a) or (b) of section
8336 of title 5, United States Code, if such transferred
employee had remained continuously employed, until attaining
such age, in the position held by such employee when separated
from Federal service as described in paragraph (6)(A);
(4) the term ``severance pay'' means severance pay under
section 5595 of title 5, United States Code;
(5) the term ``separation pay'' means separation pay under
section 5597 of title 5, United States Code; and
(6) the term ``transferred employee'' means a former
employee of the Department of Defense (other than a former
temporary employee) who--
(A) while employed by the Department of Defense at
a military installation to be closed or realigned
pursuant to recommendations of the Defense Base Closure
and Realignment Commission that were approved by the
President in 1995 under section 2903(e) of the Defense
Base Closure and Realignment Act of 1990 (Public Law
101-510; 10 U.S.C. 2687 note) and while covered under
the Civil Service Retirement System, was separated from
Federal service in a reduction-in-force resulting from
conversion from performance of a function by Department
of Defense employees at such military installation to
performance of such function by a defense contractor at
such installation or in the vicinity of such
installation;
(B) has completed 5 years of civilian service
creditable under section 8332 of title 5, United States
Code, by the date of separation from Federal service as
described in subparagraph (A);
(C) is employed by the defense contractor within 60
days following such separation to perform substantially
the same function performed before the separation;
(D)(i) remains employed by the defense contractor
or a successor defense contractor, or a subcontractor
of either, until attaining early deferred retirement
age; or
(ii) is involuntarily separated from employment
referred to in clause (i) before attaining early
deferred retirement age for reasons other than
misconduct; and
(E) at the time separated from Federal service as
described in subparagraph (A), was not eligible for an
immediate annuity under the Civil Service Retirement
System.
(b) Retirement Benefits of Transferred Employees.--For purposes of
determining eligibility for a deferred annuity under section 8338(a) of
title 5, United States Code, a transferred employee shall be deemed
to have satisfied the age requirement under such section 8338(a) upon
attaining early deferred retirement age.
(c) Computation of Average Pay.--(1)(A) This paragraph applies to
the computation of the annuity of a transferred employee who retires
under this section who immediately before separation from Federal
service as described in subsection (a)(6)(A) was employed in a position
classified under the General Schedule.
(B) In the computation of an annuity referred to in subparagraph
(A) for a transferred employee, the average pay of the transferred
employee under section 8331(4) of title 5, United States Code, shall be
adjusted at the same time and by the same percentage that rates of
basic pay are increased under section 5303 of title 5, United States
Code, during the period beginning on the date on which the transferred
employee separates from Federal service as described in subsection
(a)(6)(A) and ending on the date on which the transferred employee
attains early deferred retirement age.
(2)(A) This paragraph applies to the computation of the annuity of
a transferred employee who retires under this section who immediately
before separation from Federal service as described in subsection
(a)(6)(A) was a prevailing rate employee as defined under section
5342(a)(2) of title 5, United States Code.
(B) In the computation of an annuity referred to in subparagraph
(A) for a transferred employee, average pay under section 8331(4) of
title 5, United States Code, shall be adjusted at the same time and by
the same percentage that rates of basic pay for positions that are in
the same area as, and are comparable to, the last position the
transferred employee held as a prevailing rate employee, are increased
under section 5343(a) of such title during the period beginning on the
date on which the transferred employee separates from Federal service
as described in subsection (a)(6)(A) and ending on the date on which
the transferred employee attains early deferred retirement age.
(d) Service for a Defense Contractor Not Creditable Service.--
Service performed by a transferred employee for a defense contractor
(or a successor or subcontractor referred to in subsection (a)(6)(D))
after separation from Federal service as described in subsection
(a)(6)(A) shall not be treated as creditable service for purposes of
computing the amount of an early deferred annuity under this section.
(e) Separation and Severance Pay.--A transferred employee who
receives separation pay or severance pay upon separation from Federal
service as described in subsection (a)(6)(A) is not eligible to receive
an early deferred annuity under this section unless the employee repays
the full amount of such pay (with interest as determined by the Office
of Personnel Management) to the Department of Defense before attaining
early deferred retirement age.
(f) Receipt of Benefits While Employed by a Defense Contractor.--A
transferred employee may commence receipt of an early deferred annuity
in accordance with this section while continuing to work for a defense
contractor.
(g) Lump-Sum Credit Payment.--If a transferred employee dies before
attaining early deferred retirement age, such employee shall, for
purposes of section 8342 of title 5, United States Code, be treated as
a former employee not retired who dies, as described in subsection (d)
of such section. For purposes of the preceding sentence, the term
``transferred employee'' shall have the meaning such term would have
under subsection (a)(6) if subparagraph (D) thereof were disregarded.
(h) Implementing Regulations.--The Office of Personnel Management
shall promulgate regulations to carry out the provisions of this
section.
(i) Effective Date.--This section shall take effect on August 1,
1996, and shall apply to any transferred employee whose date of
separation from Federal service, as described in subsection (a)(6)(A),
occurs on or after that date. | Provides early deferred annuities for certain former Department of Defense (DOD) employees separated from Federal service due to a reduction-in-force resulting from the conversion of the performance of a DOD function to that of a private contractor. | {"src": "billsum_train", "title": "To provide for early deferred annuities under chapter 83 of title 5, United States Code, for certain former Department of Defense employees who are seperated from service by reason of certain defense base closures, and for other purposes."} | 1,599 | 56 | 0.569404 | 1.435247 | 0.962711 | 2.886364 | 32.340909 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inflammatory Bowel Disease Research
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Crohn's disease and ulcerative colitis are serious
inflammatory diseases of the gastrointestinal tract.
(2) Crohn's disease may occur in any section of the
gastrointestinal tract but is predominately found in the lower
part of the small intestine and the large intestine. Ulcerative
colitis is characterized by inflammation and ulceration of the
innermost lining of the colon. Complete removal of the colon in
patients with ulcerative colitis can potentially alleviate and
cure symptoms.
(3) Because Crohn's disease and ulcerative colitis behave
similarly, they are collectively known as inflammatory bowel
disease. Both diseases present a variety of symptoms, including
severe diarrhea; abdominal pain with cramps; fever; and rectal
bleeding. There is no known cause of inflammatory bowel
disease, or medical cure.
(4) It is estimated that up to 1,400,000 people in the
United States suffer from inflammatory bowel disease, 30
percent of whom are diagnosed during their childhood years.
(5) Children with inflammatory bowel disease miss school
activities because of bloody diarrhea and abdominal pain, and
many adults who had onset of inflammatory bowel disease as
children had delayed puberty and impaired growth and have never
reached their full genetic growth potential.
(6) Inflammatory bowel disease patients are at high risk
for developing colorectal cancer.
(7) The total annual medical costs for inflammatory bowel
disease patients is estimated at more than $2,000,000,000.
SEC. 3. NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES; INFLAMMATORY BOWEL DISEASE RESEARCH EXPANSION.
(a) In General.--The Director of the National Institute of Diabetes
and Digestive and Kidney Diseases shall expand, intensify, and
coordinate the activities of the Institute with respect to research on
inflammatory bowel disease, with particular emphasis on the following
areas:
(1) Genetic research on susceptibility for inflammatory
bowel disease, including the interaction of genetic and
environmental factors in the development of the disease.
(2) Research targeted to increase knowledge about the
causes and complications of inflammatory bowel disease in
children.
(3) Animal model research on inflammatory bowel disease,
including genetics in animals.
(4) Clinical inflammatory bowel disease research, including
clinical studies and treatment trials.
(5) Expansion of the Institute's Inflammatory Bowel Disease
Centers program with a focus on pediatric research.
(6) Other research initiatives identified by the scientific
document entitled ``Challenges in Inflammatory Bowel Disease''
and the research agenda for pediatric gastroenterology,
hepatology and nutrition entitled ``Chronic Inflammatory Bowel
Disease''.
(b) Authorization of Appropriations.--
(1) In general.--For the purpose of carrying out subsection
(a), there are authorized to be appropriated $75,000,000 for
fiscal year 2006, $85,000,000 for fiscal year 2007, and
$100,000,000 for fiscal year 2008.
(2) Reservation.--Of the amounts authorized to be
appropriated under paragraph (1), not more than 20 percent
shall be reserved for the training of qualified health
professionals in biomedical research focused on inflammatory
bowel disease, including pediatric investigators.
SEC. 4. CENTERS FOR DISEASE CONTROL AND PREVENTION; NATIONAL
INFLAMMATORY BOWEL DISEASE ACTION PLAN.
(a) In General.--
(1) Preparation of plan.--The Director of the Centers for
Disease Control and Prevention, in consultation with the
inflammatory bowel disease community, shall prepare a
comprehensive plan to address the burden of inflammatory bowel
disease in both adult and pediatric populations (which plan
shall be designated by the Director as the ``National
Inflammatory Bowel Disease Action Plan'').
(2) Report to congress.-- Not later than 12 months after
the date of the enactment of this Act, the Director of the
Centers for Disease Control and Prevention shall submit the
Plan referred to in paragraph (1) to the Committee on Energy
and Commerce and the Committee on Appropriations in the House
of Representatives and to the Committee on Health, Education,
Labor and Pensions and the Committee on Appropriations in the
Senate.
(b) Content.--
(1) In general.--The National Inflammatory Bowel Disease
Action Plan shall address strategies for determining the true
prevalence of inflammatory bowel disease in the United States,
and the unique demographic characteristics of the patient
community through the expansion of appropriate epidemiological
activities.
(2) Certain requirements.-- The Plan referred to in
paragraph (1) shall--
(A) focus on strategies for increasing awareness
about inflammatory bowel disease within the general
public and the health care community in order to
facilitate more timely and accurate diagnoses; and
(B) address mechanisms designed to prevent the
progression of the disease and the development of
complications, such as colorectal cancer, and other
strategies and activities as deemed appropriate.
(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $750,000 for
fiscal year 2006. | Inflammatory Bowel Disease Research Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand, intensify, and coordinate the Institute's research activities on inflammatory bowel disease, with an emphasis on: (1) genetic research on susceptibility for inflammatory bowel disease; (2) research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children; (3) animal model research; (4) clinical research; (5) expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research; and (6) other research initiatives identified in specified documents.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to prepare a National Inflammatory Bowel Disease Action Plan to: (1) address the burden of inflammatory bowel disease in both adult and pediatric populations; (2) address strategies for determining the prevalence of the disease in the United States and the unique demographic characteristics of the patient community; (3) focus on strategies for increasing awareness about the disease within the general public and the health care community; and (4) address mechanisms designed to prevent the progression of the disease and the development of complications. | {"src": "billsum_train", "title": "To expand the research, prevention, and awareness activities of the National Institute of Diabetes and Digestive and Kidney Diseases and the Centers for Disease Control and Prevention with respect to inflammatory bowel disease."} | 1,143 | 252 | 0.661941 | 1.888767 | 0.942465 | 5.36087 | 4.430435 | 0.969565 |
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Youth Substance Abuse Prevention and
Treatment Act''.
SEC. 2. GRANT PROGRAMS.
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by adding at the end the following:
``PART G--COMPETITIVE GRANT PROGRAMS FOR YOUTH SUBSTANCE ABUSE
PREVENTION AND TREATMENT
``SEC. 581. GRANTS TO CONSORTIA.
``(a) In General.--The Secretary shall award grants on a
competitive basis to eligible consortia to enable such consortia to
establish the programs described in subsection (c).
``(b) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applications from eligible consortia
that provide services in rural areas or for Native Americans.
``(c) Use of Funds.--An eligible consortium receiving amounts under
subsection (a) shall use such amounts to establish school-based
substance abuse prevention and student assistance programs for youth,
including after school programs, to provide services that address youth
substance abuse, including services that--
``(1) identify youth at risk for substance abuse;
``(2) refer any youth at risk for substance abuse for
substance abuse treatment;
``(3) provide effective primary prevention programing;
``(4) target underserved areas, such as rural areas; and
``(5) target populations, such as Native Americans, that
are underserved.
``(d) Application.--An eligible consortium that desires a grant
under subsection (a) shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require.
``(e) Report.--Not later than 1 year after the date of enactment of
this section and annually thereafter, an eligible consortium receiving
a grant under subsection (a) shall submit to the Secretary a report
describing the programs carried out pursuant to this section.
``(f) Definitions.--In this section:
``(1) Eligible consortium.--The term `eligible consortium'
means an entity composed of a local educational agency and
community-based substance abuse prevention providers and
student assistance providers in which the agency and providers
maintain equal responsibility in providing the services
described in subsection (c).
``(2) Local educational agency.--The term `local
educational agency' has the meaning given such term in section
14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of fiscal
years 2000 through 2004.
``SEC. 582. GRANTS TO TREATMENT FACILITIES.
``(a) In General.--The Secretary shall award grants on a
competitive basis to inpatient and outpatient treatment facilities that
provide the substance abuse treatment services described in subsection
(d).
``(b) Eligible Applicant.--To be eligible to receive a grant under
subsection (a), a treatment facility must provide or propose to provide
alcohol or drug treatment services for individuals under the age of 22
years.
``(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applications from treatment facilities
that provide treatment services in rural areas, for Native Americans,
or for underserved populations.
``(d) Use of Funds.--A treatment facility receiving amounts under
subsection (a) shall use such amounts to provide substance abuse
treatment services for youth, including community-based aftercare
services that provide treatment for the period of time following an
individual's discharge from a drug treatment center.
``(e) Application.--A treatment facility that desires a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(f) Report.--Not later than 1 year after the date of enactment of
this section and annually thereafter, a treatment facility receiving a
grant under subsection (a) shall submit to the Secretary a report
describing the services provided pursuant to this section.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $15,000,000 for each of the
fiscal years 2000 through 2004.
``SEC. 583. GRANTS TO SUBSTANCE ABUSE PREVENTION AND TREATMENT
PROVIDERS.
``(a) In General.--The Secretary shall award grants on a
competitive basis to State and local substance abuse prevention and
treatment providers to enable such providers to offer training to
provide prevention and treatment services for youth.
``(b) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applications from areas in which--
``(1) there is a demonstrated high rate of substance abuse
by youth; and
``(2) the population is identified as underserved or the
prevention and treatment providers in the area use distance
learning.
``(c) Application.--A treatment provider that desires a grant under
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Report.--Not later than 1 year after the date of enactment of
this section and annually thereafter, a treatment provider receiving a
grant under subsection (a) shall submit to the Secretary a report
describing the services provided pursuant to this section.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $2,000,000 for each of the
fiscal years 2000 through 2004. | Youth Substance Abuse Prevention and Treatment Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants on a competitive basis to eligible consortia to enable such consortia to establish school-based substance abuse prevention and student assistance programs for youth to provide services that address youth substance abuse. Mandates that priority be given to grant applications from eligible consortia that provide services in rural areas or for Native Americans. Authorizes appropriations.
Directs the Secretary to award grants on a competitive basis to inpatient and outpatient treatment facilities to provide substance abuse treatment services for individuals under age 22. Mandates that priority be given to applications from treatment facilities that provide treatment services in rural areas, for Native Americans, or for underserved populations. Authorizes appropriations.
Directs the Secretary to award grants on a competitive basis to State and local substance abuse prevention and treatment providers to enable such providers to offer training to provide prevention and treatment services for youth. Mandates that priority be given to applications from areas in which: (1) there is a demonstrated high rate of youth substance abuse; and (2) the population is underserved or the prevention and treatment providers in the area use distance learning. Authorizes appropriations. | {"src": "billsum_train", "title": "Youth Substance Abuse Prevention and Treatment Act"} | 1,292 | 269 | 0.738624 | 1.912427 | 0.935131 | 5.708861 | 4.860759 | 0.915612 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe From the Start Act of 2001''.
SEC. 2. YOUNG CHILDREN WHO WITNESS VIOLENCE.
Title III of the Violence Against Women Act 2000 (Division B,
Public Law 106-386) is amended by adding at the end the following:
``SEC. 1304. YOUNG CHILDREN WHO WITNESS VIOLENCE.
``(a) In General.--The Attorney General shall award grants to
eligible State entities that shall award grants to community coalitions
throughout the State to design and implement a comprehensive and
coordinated approach to identify, respond to, and serve young children
who have been witnesses to or victims of violence.
``(b) Definitions.--In this section:
``(1) Eligible state entity.--The term `eligible State
entity' includes--
``(A) the State Attorney General's office;
``(B) the Department of Public Health;
``(C) the Department of Children and Family
Services;
``(D) any other State agency that has been
designated as a State agency for violence prevention;
or
``(E) a partnership between 2 or more agencies
listed in subparagraphs (A) through (D).
``(2) Exposed to violence.--The term `exposed to violence'
includes--
``(A) witnessing, witnessing the immediate
aftermath of, or otherwise being directly affected by
an act of domestic violence, child abuse, or a violent
act in the child's home;
``(B) witnessing, witnessing the immediate
aftermath of, or otherwise being directly affected by,
a violent act in the child's neighborhood; or
``(C) being in a home in which child abuse or a
violent act was committed against a sibling.
``(3) Young children.--The term `young children' means
children aged 5 years old and under.
``(c) State Grants.--
``(1) In general.--From funds appropriated by subsection
(f), the Attorney General shall award grants to eligible State
entities--
``(A) on a competitive basis;
``(B) in an amount equal to not less than $500,000;
and
``(C) for a term of 3 years.
``(2) Limitation.--The Attorney General shall award only 1
grant under this subsection to a State.
``(3) Priority.--In awarding a grant under this subsection,
the Attorney General shall give priority to an entity that--
``(A) submits a description of how the State grants
will contribute to a comprehensive State approach to
identifying and serving young children exposed to
violence;
``(B) describes the technical assistance the entity
will provide to community coalitions, including
evaluation efforts; and
``(C) demonstrates a history of building
partnerships and networks.
``(d) Community Coalition Grants.--
``(1) In general.--Each eligible State entity that receives
a grant under subsection (c) for a fiscal year shall use the
funds to award grants to community coalitions that, at a
minimum (and where available), should include--
``(A) a Child Advocacy Center;
``(B) a domestic violence agency;
``(C) a sexual assault agency;
``(D) the local health department;
``(E) the local branch of the State department of
children and family services; and
``(F) local law enforcement.
``(2) Eligibility.--To be eligible to receive a grant from
an eligible State entity, a community coalition shall, to the
greatest extent practicable--
``(A) inventory the local resources available to
identify and respond to young children exposed to
violence;
``(B) design a response system that uses existing
resources and community assets and fills the gaps
necessary to--
``(i) ensure that young children exposed to
violence are identified, assessed, and receive
appropriate services;
``(ii) provide case management services for
the children and their families; and
``(iii) create specialized child care
services for children exposed to violence
through training of Head Start and child care
workers who can work with these children under
the supervision of an appropriate expert;
``(C) incorporate a public awareness component to
educate the community and gain input from residents
about the coordination project, the scope of the
problem, and community capacity to successfully address
the needs of the targeted population and their
families; and
``(D) participate in technical assistance and
evaluation efforts sponsored by the eligible State
entity.
``(3) Technical assistance.--Each eligible State entity
that receives a grant under this section may use not more than
15 percent of the allotted funds for a fiscal year for the
costs of providing technical assistance and assistance in
evaluation to community coalition grantees.
``(e) Administrative Expenses.--Each eligible State entity that
receives a grant under this section may not use more than 5 percent of
the allotted funds for a fiscal year for the administrative costs of
carrying out this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 in each of fiscal
years 2002, 2003, 2004, 2005, and 2006.''. | Safe From the Start Act of 2001 - Amends the Violence Against Women Act 2000 to direct the Attorney General to award grants to eligible State entities that shall award grants to community coalitions throughout the State to design and implement a comprehensive and coordinated approach to identify, respond to, and serve young children who have been witnesses to or victims of violence. | {"src": "billsum_train", "title": "A bill to provide for grants to assist States and communities in developing a comprehensive approach to helping children 5 and under who have been exposed to domestic violence or a violent act in the home or community."} | 1,178 | 73 | 0.625042 | 1.511932 | 1.344332 | 8.424242 | 16.878788 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burmese Freedom and Democracy Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The State Peace and Development Council (SPDC) has
failed to transfer power to the National League for Democracy
(NLD) whose parliamentarians won an overwhelming victory in the
1990 elections in Burma.
(2) The SPDC has failed to enter into meaningful, political
dialogue with the NLD and ethnic minorities and has dismissed
the efforts of United Nations Special Envoy Razali bin Ismail
to further such dialogue.
(3) According to the State Department's ``Report to the
Congress Regarding Conditions in Burma and U.S. Policy Toward
Burma'' dated March 28, 2003, the SPDC has become ``more
confrontational'' in its exchanges with the NLD.
(4) On May 30, 2003, the SPDC, threatened by continued
support for the NLD throughout Burma, brutally attacked NLD
supporters, killed and injured scores of civilians, and
arrested democracy advocate Aung San Suu Kyi and other
activists.
(5) The SPDC continues egregious human rights violations
against Burmese citizens, uses rape as a weapon of intimidation
and torture against women, and forcibly conscripts child-
soldiers for the use in fighting indigenous ethnic groups.
(6) The SPDC has demonstrably failed to cooperate with the
United States in stopping the flood of heroin and
methamphetamines being grown, refined, manufactured, and
transported in areas under the control of the SPDC serving to
flood the region and much of the world with these illicit
drugs.
(7) The SPDC provides safety, security, and engages in
business dealings with narcotics traffickers under indictment
by United States authorities, and other producers and
traffickers of narcotics.
(8) The International Labor Organization (ILO), for the
first time in its 82-year history, adopted in 2000, a
resolution recommending that governments, employers, and
workers organizations take appropriate measures to ensure that
their relations with the SPDC do not abet the government-
sponsored system of forced, compulsory, or slave labor in
Burma, and that other international bodies reconsider any
cooperation they may be engaged in with Burma and, if
appropriate, cease as soon as possible any activity that could
abet the practice of forced, compulsory, or slave labor.
(9) The SPDC has integrated the Burmese military and its
surrogates into all facets of the economy effectively
destroying any free enterprise system.
(10) Investment in Burmese companies and purchases from
them serve to provide the SPDC with currency that is used to
finance its instruments of terror and repression against the
Burmese people.
(11) On April 15, 2003, the American Apparel and Footwear
Association expressed its ``strong support for a full and
immediate ban on U.S. textiles, apparel and footwear imports
from Burma'' and called upon the United States Government to
``impose an outright ban on U.S. imports'' of these items until
Burma demonstrates respect for basic human and labor rights of
its citizens.
(12) The policy of the United States, as articulated by the
President on April 24, 2003, is to officially recognize the NLD
as the legitimate representative of the Burmese people as
determined by the 1990 election.
SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.
(a) General Ban.--
(1) In general.--Notwithstanding any other provision of law
and except as provided in section 9, until such time as the
President determines and certifies to Congress that Burma has
met the conditions described in paragraph (3), no article may
be imported into the United States that is produced, mined,
manufactured, grown, or assembled in Burma.
(2) Ban on imports from certain companies.--The import
restrictions contained in paragraph (1) shall apply to, among
other entities--
(A) the SPDC, any ministry of the SPDC, a member of
the SPDC or an immediate family member of such member;
(B) known narcotics traffickers from Burma or an
immediate family member of such narcotics trafficker;
(C) the Union of Myanmar Economics Holdings
Incorporated (UMEHI) or any company in which the UMEHI
has a fiduciary interest;
(D) the Myanmar Economic Corporation (MEC) or any
company in which the MEC has a fiduciary interest;
(E) the Union Solidarity and Development
Association (USDA); and
(F) any successor entity for the SPDC, UMEHI, MEC,
or USDA.
(3) Conditions described.--The conditions described in this
paragraph are the following:
(A) The SPDC has made substantial and measurable
progress to end violations of internationally
recognized human rights including rape, and the
Secretary of State, after consultation with the ILO
Secretary General and relevant nongovernmental
organizations, reports to the appropriate congressional
committees that the SPDC no longer systematically
violates workers rights, including the use of forced
and child labor, and conscription of child-soldiers.
(B) The SPDC has made measurable and substantial
progress toward implementing a democratic government
including--
(i) releasing all political prisoners;
(ii) allowing freedom of speech and the
press;
(iii) allowing freedom of association;
(iv) permitting the peaceful exercise of
religion; and
(v) bringing to a conclusion an agreement
between the SPDC and the democratic forces led
by the NLD and Burma's ethnic nationalities on
the transfer of power to a civilian government
accountable to the Burmese people through
democratic elections under the rule of law.
(C) Pursuant to the terms of section 706 of the
Foreign Relations Authorization Act, Fiscal Year 2003
(Public Law 107-228), Burma has not failed demonstrably
to make substantial efforts to adhere to its
obligations under international counternarcotics
agreements and to take other effective counternarcotics
measures, including the arrest and extradition of all
individuals under indictment in the United States for
narcotics trafficking, and concrete and measurable
actions to stem the flow of illicit drug money into
Burma's banking system and economic enterprises and to
stop the manufacture and export of methamphetamines.
(4) Appropriate congressional committees.--In this Act, the
term ``appropriate congressional committees'' means the
Committee on Foreign Relations, the Committee on Finance, and
the Committee on Appropriations of the Senate and the Committee
on International Relations, the Committee on Ways and Means,
and the Committee on Appropriations of the House of
Representatives.
(b) Waiver Authorities.--
(1) In general.--The President may waive the prohibitions
described in this section for any or all products imported from
Burma to the United States if the President determines and
notifies the appropriate congressional committees that to do so
is in the vital national security interest of the United
States.
(2) International obligations.--The President may waive any
provision of this Act found to be in violation of any
international obligations of the United States pursuant to any
final ruling relating to Burma under the dispute settlement
procedures of the World Trade Organization.
SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.
Not later than 60 days after the date of enactment of this Act, the
Secretary of the Treasury shall direct, and promulgate regulations to
the same, that any United States financial institution holding funds
belonging to the SPDC or the assets of those individuals who hold
senior positions in the SPDC or its political arm, the Union Solidarity
Development Association, shall promptly report those assets to the
Office of Foreign Assets Control. The Secretary of the Treasury may
take such action as may be necessary to secure such assets or funds.
SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
The Secretary of the Treasury shall instruct the United States
executive director to each appropriate international financial
institution in which the United States participates, to oppose, and
vote against the extension by such institution of any loan or financial
or technical assistance to Burma until such time as the conditions
described in section 3(a)(3) are met.
SEC. 6. EXPANSION OF VISA BAN.
(a) In General.--
(1) Visa ban.--The President is authorized to deny visas
and entry to the former and present leadership of the SPDC or
the Union Solidarity Development Association.
(2) Updates.--The Secretary of State shall coordinate on a
biannual basis with representatives of the European Union to
ensure that an individual who is banned from obtaining a visa
by the European Union for the reasons described in paragraph
(1) is also banned from receiving a visa from the United
States.
(b) Publication.--The Secretary of State shall post on the
Department of State's website the names of individuals whose entry into
the United States is banned under subsection (a).
SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.
(a) In General.--Congress encourages the Secretary of State to
highlight the abysmal record of the SPDC to the international community
and use all appropriate fora, including the Association of Southeast
Asian Nations Regional Forum and Asian Nations Regional Forum, to
encourage other states to restrict financial resources to the SPDC and
Burmese companies while offering political recognition and support to
Burma's democratic movement including the National League for Democracy
and Burma's ethnic groups.
(b) United States Embassy.--The United States embassy in Rangoon
shall take all steps necessary to provide access of information and
United States policy decisions to media organs not under the control of
the ruling military regime.
SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
(a) In General.--The President is authorized to use all available
resources to assist Burmese democracy activists dedicated to nonviolent
opposition to the regime in their efforts to promote freedom,
democracy, and human rights in Burma, including a listing of
constraints on such programming.
(b) Reports.--
(1) First report.--Not later than 3 months after the date
of enactment of this Act, the Secretary of State shall provide
the appropriate congressional committees a comprehensive report
on its short- and long-term programs and activities to support
democracy activists in Burma, including a list of constraints
on such programming.
(2) Report on resources.--Not later than 6 months after the
date of enactment of this Act, the Secretary of State shall
provide the appropriate congressional committees a report
identifying resources that will be necessary for the
reconstruction of Burma, after the SPDC is removed from power,
including--
(A) the formation of democratic institutions;
(B) establishing the rule of law;
(C) establishing freedom of the press;
(D) providing for the successful reintegration of
military officers and personnel into Burmese society;
and
(E) providing health, educational, and economic
development.
(3) Report on trade sanctions.--Not later than 90 days
before the date that the import restrictions contained in
section 3(a)(1) are to expire, the Secretary of State, in
consultation with the United States Trade Representative and
other appropriate agencies, shall submit to the appropriate
congressional committees, a report on--
(A) conditions in Burma, including human rights
violations, arrest and detention of democracy
activists, forced and child labor, and the status of
dialogue between the SPDC and the NLD and ethnic
minorities;
(B) bilateral and multilateral measures undertaken
by the United States Government and other governments
to promote human rights and democracy in Burma; and
(C) the impact and effectiveness of the provisions
of this Act in furthering the policy objectives of the
United States toward Burma.
SEC. 9. DURATION OF SANCTIONS.
(a) Termination by Request From Democratic Burma.--The President
may terminate any provision in this Act upon the request of a
democratically elected government in Burma, provided that all the
conditions in section 3(a)(3) have been met.
(b) Continuation of Import Sanctions.--
(1) Expiration.--The import restrictions contained in
section 3(a)(1) shall expire 1 year from the date of enactment
of this Act unless renewed under paragraph (2) of this section.
(2) Resolution by congress.--The import restrictions
contained in section 3(a)(1) may be renewed annually for a 1-
year period if, prior to the anniversary of the date of
enactment of this Act, and each year thereafter, a renewal
resolution is enacted into law in accordance with subsection
(c).
(c) Renewal Resolutions.--
(1) In general.--For purposes of this section, the term
``renewal resolution'' means a joint resolution of the 2 Houses
of Congress, the sole matter after the resolving clause of
which is as follows: ``That Congress approves the renewal of
the import restrictions contained in section 3(a)(1) of the
Burmese Freedom and Democracy Act of 2003.''
(2) Procedures.--
(A) In general.--A renewal resolution--
(i) may be introduced in either House of
Congress by any member of such House at any
time within the 90-day period before the
expiration of the import restrictions contained
in section 3(a)(1); and
(ii) the provisions of subparagraph (B)
shall apply.
(B) Expedited consideration.--The provisions of
section 152 (b), (c), (d), (e), and (f) of the Trade
Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and
(f)) apply to a renewal resolution under this Act as if
such resolution were a resolution described in section
152(a) of the Trade Act of 1974.
Passed the Senate June 11, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 1215
_______________________________________________________________________
AN ACT
To sanction the ruling Burmese military junta, to strengthen Burma's
democratic forces and support and recognize the National League of
Democracy as the legitimate representative of the Burmese people, and
for other purposes. | Burmese Freedom and Democracy Act of 2003 - (Sec. 3) Prohibits the importation into the United States of any article that is a product of Burma (Myanmar) until the President determines and certifies to Congress that Burma has met certain conditions, including that: (1) the State Peace and Development Council (SPDC) has made substantial progress to end violations of internationally recognized human rights including rape, and the Secretary of State reports to the appropriate congressional committees that the SPDC no longer violates workers' rights, including the use of forced and child labor, and conscription of child-soldiers; (2) the SPDC has made substantial progress toward implementing a democratic government, including releasing all political prisoners, allowing freedom of speech, the press, and association, permitting the peaceful exercise of religion, and concluding an agreement with the democratic forces led by the National League for Democracy (NLD) and Burma's ethnic nationalities on the transfer of power to a civilian government through democratic elections under the rule of law; and (3) Burma has not failed to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including the arrest and extradition of all individuals under U.S. indictment for narcotics trafficking, and concrete actions to stem the flow of illicit drug money into Burma's banking system and economic enterprises and to stop the manufacture and export of methamphetamines. Authorizes the President to waive such requirements if: (1) it is in the vital national security interest of the United States; and (2) they are found to be in violation of any international obligations of the United States pursuant to any final ruling relating to Burma under the dispute settlement procedures of the World Trade Organization.
(Sec. 4) Directs the Secretary of the Treasury to direct any U.S. financial institution holding funds of the SPDC or the assets of individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, to report those assets to the Office of Foreign Assets Control and take such action as may be necessary to secure them.
(Sec. 5) Directs the Secretary of the Treasury to instruct the U.S. executive director to each appropriate international financial institution to oppose any extension by such institution of a loan or financial or technical assistance to Burma until the requirements of this Act are met.
(Sec. 6) Authorizes the President to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association. Requires the Secretary of State to coordinate on a biannual basis with European Union (EU) representatives to ensure that an individual banned from obtaining a visa by the EU for the reasons contained in this Act is also banned from receiving a visa from the United States.
(Sec. 7) Urges the Secretary of State to highlight the abysmal record of the SPDC to the international community and use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering political recognition and support to Burma's democratic movement, including the National League for Democracy and Burma's ethnic groups. Directs the U.S. embassy in Rangoon to take all steps necessary to provide access of information and U.S. policy decisions to media organs not under the control of the ruling military regime.
(Sec. 8) Authorizes the President to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma.
Directs the Secretary of State to report to the appropriate congressional committees on: (1) its short-and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming; (2) resources that will be necessary for the reconstruction of Burma after the SPDC is removed from power; and (3) the effectiveness of the import restrictions in promoting human rights and democracy in Burma.
(Sec. 9) Authorizes the President to terminate the import restrictions in this Act upon the request of a democratically elected government in Burma, provided all the conditions contained in this Act have been met. States that the import restrictions of this Act shall expire one year after enactment of this Act, unless renewed by Congress with a joint resolution meeting certain requirements. Allows annual renewals of such restrictions by enactment of a similar joint resolution. | {"src": "billsum_train", "title": "A bill to sanction the ruling Burmese military junta, to strengthen Burma's democratic forces and support and recognize the National League of Democracy as the legitimate representative of the Burmese people, and for other purposes."} | 3,184 | 1,016 | 0.674471 | 2.747127 | 0.650985 | 5.647887 | 3.408451 | 0.967136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Women's History Museum and
Federal Facilities Consolidation and Efficiency Act of 2011''.
TITLE I--NATIONAL WOMEN'S HISTORY MUSEUM
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Women's History Museum
Act of 2011''.
SEC. 102. DEFINITIONS.
In this title, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(3) Committees.--The term ``Committees'' means the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(4) Museum.--The term ``Museum'' means the National Women's
History Museum, Inc., a District of Columbia nonprofit
corporation exempt from taxation pursuant to section 501(c)(3)
of the Internal Revenue Code of 1986.
(5) Property.--The term ``Property'' means the property
located in the District of Columbia, subject to survey and as
determined by the Administrator, generally consisting of
Squares 325 and 326 and a portion of Square 351. The Property
is generally bounded by 12th Street, Independence Avenue, C
Street, and the James Forrestal Building, all in Southwest
Washington, District of Columbia, and shall include all
associated air rights, improvements thereon, and appurtenances
thereto.
SEC. 103. CONVEYANCE OF PROPERTY.
(a) Authority to Convey.--
(1) In general.--Subject to the requirements of this title,
the Administrator shall convey the Property to the Museum, on
such terms and conditions as the Administrator considers
reasonable and appropriate to protect the interests of the
United States and further the purposes of this title.
(2) Agreement.--As soon as practicable, but not later than
180 days after the date of enactment of this Act, the
Administrator shall enter into an agreement with the Museum for
the conveyance.
(3) Terms and conditions.--The terms and conditions of the
agreement shall address, among other things, mitigation of
developmental impacts to existing Federal buildings and
structures, security concerns, and operational protocols for
development and use of the property.
(b) Purchase Price.--
(1) In general.--The purchase price for the Property shall
be its fair market value based on its highest and best use as
determined by an independent appraisal commissioned by the
Administrator and paid for by the Museum.
(2) Selection of appraiser.--The appraisal shall be
performed by an appraiser mutually acceptable to the
Administrator and the Museum.
(3) Terms and conditions for appraisal.--
(A) In general.--Except as provided by subparagraph
(B), the assumptions, scope of work, and other terms
and conditions related to the appraisal assignment
shall be mutually acceptable to the Administrator and
the Museum.
(B) Required terms.--The appraisal shall assume
that the Property does not contain hazardous substances
(as defined in section 101 of CERCLA (42 U.S.C. 9601))
or any other hazardous waste or pollutant that requires
a response action or corrective action under any
applicable environmental law.
(c) Application of Proceeds.--The purchase price shall be paid into
an account in the Federal Buildings Fund established under section 592
of title 40, United States Code. Upon deposit, the proceeds from the
conveyance may only be expended subject to a specific future
appropriation.
(d) Quit Claim Deed.--The Property shall be conveyed pursuant to a
quit claim deed.
(e) Use Restriction.--The Property shall be dedicated for use as a
site for a national women's history museum for the 99-year period
beginning on the date of conveyance to the Museum.
(f) Funding Restriction.--No Federal funds shall be made
available--
(1) to the Museum for--
(A) the purchase of the Property; or
(B) the design and construction of any facility on
the Property; or
(2) by the Museum or any affiliate of the Museum as a
credit pursuant to section 104(b).
(g) Reversion.--
(1) Bases for reversion.--The Property shall revert to the
United States, at the option of the United States, without any
obligation for repayment by the United States of any amount of
the purchase price for the property, if--
(A) the Property is not used as a site for a
national women's history museum at any time during the
99-year period referred to in subsection (e); or
(B) the Museum has not commenced construction of a
museum facility on the Property in the 5-year period
beginning on the date of enactment of this Act, other
than for reasons beyond the control of the Museum as
reasonably determined by the Administrator.
(2) Enforcement.--The Administrator may perform any acts
necessary to enforce the reversionary rights provided in this
section.
(3) Custody of property upon reversion.--If the Property
reverts to the United States pursuant to this section, such
property shall be under the custody and control of the
Administrator.
(h) Closing.--The conveyance pursuant to this title shall occur not
later than 3 years after the date of enactment of this Act. The
Administrator may extend that period for such time as is reasonably
necessary for the Museum to perform its obligations under section
104(a).
SEC. 104. ENVIRONMENTAL MATTERS.
(a) Authorization To Contract for Environmental Response Actions.--
In fulfilling the responsibility of the Administrator to address
contamination on the Property, the Administrator may contract with the
Museum or an affiliate of the Museum for the performance (on behalf of
the Administrator) of response actions on the Property.
(b) Crediting of Response Costs.--
(1) In general.--Any costs incurred by the Museum or an
affiliate of the Museum using non-Federal funding pursuant to
subsection (a) shall be credited to the purchase price for the
Property.
(2) Limitation.--A credit under paragraph (1) shall not
exceed the purchase price of the Property.
(c) No Effect on Compliance With Environmental Laws.--Nothing in
this title, or any amendment made by this title, affects or limits the
application of or obligation to comply with any environmental law,
including section 120(h) of CERCLA (42 U.S.C. 9620(h)).
SEC. 105. INCIDENTAL COSTS.
Subject to section 104, the Museum shall bear any and all costs
associated with complying with the provisions of this title, including
studies and reports, surveys, relocating tenants, and mitigating
impacts to existing Federal buildings and structures resulting directly
from the development of the property by the Museum.
SEC. 106. LAND USE APPROVALS.
(a) Existing Authorities.--Nothing in this title shall be construed
as limiting or affecting the authority or responsibilities of the
National Capital Planning Commission or the Commission of Fine Arts.
(b) Cooperation.--
(1) Zoning and land use.--Subject to paragraph (2), the
Administrator shall reasonably cooperate with the Museum with
respect to any zoning or other land use matter relating to
development of the Property in accordance with this title. Such
cooperation shall include consenting to applications by the
Museum for applicable zoning and permitting with respect to the
property.
(2) Limitations.--The Administrator shall not be required
to incur any costs with respect to cooperation under this
subsection and any consent provided under this subsection shall
be premised on the property being developed and operated in
accordance with this title.
SEC. 107. REPORTS.
Not later than 1 year after the date of enactment of this Act, and
annually thereafter until the end of the 5-year period following
conveyance of the Property or until substantial completion of the
museum facility (whichever is later), the Museum shall submit annual
reports to the Administrator and the Committees detailing the
development and construction activities of the Museum with respect to
this title.
TITLE II--FEDERAL TRADE COMMISSION AND THE NATIONAL GALLERY OF ART
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Trade Commission and
National Gallery of Art Facility Consolidation, Savings, and Efficiency
Act of 2011''.
SEC. 202. TRANSFER.
Notwithstanding any other provision of law and not later than
December 31, 2012, the Administrator of General Services shall transfer
administrative jurisdiction, custody, and control of the building
located at 600 Pennsylvania Avenue, NW, District of Columbia, to the
National Gallery of Art for the purpose of housing and exhibiting works
of art and to carry out administrative functions and other activities
related to the mission of the National Gallery of Art.
SEC. 203. REMODELING, RENOVATING, OR RECONSTRUCTING.
(a) In General.--The National Gallery of Art shall pay for the
costs of remodeling, renovating, or reconstructing the building
referred to in section 202.
(b) Federal Share.--No appropriated funds may be used for the
initial costs for the remodeling, renovating, or reconstructing of the
building referred to in section 202.
(c) Prohibition.--The National Gallery of Art may not use sale,
lease, or exchange, including leaseback arrangements, for the purposes
of remodeling, renovating, or reconstructing the building referred to
in section 202.
SEC. 204. RELOCATION OF THE FEDERAL TRADE COMMISSION.
(a) Relocation.--Not later than the date specified in section 202,
the Administrator of General Services shall relocate the Federal Trade
Commission employees and operations housed in the building identified
in such section to not more than 160,000 usable square feet of space in
the southwest quadrant of the leased building known as Constitution
Center located at 400 7th Street, Southwest in the District of
Columbia.
(b) Occupancy Agreement.--Not later than 30 days following
enactment of this Act, the Administrator of General Services and the
Securities and Exchange Commission shall execute an agreement to assign
or sublease the space (leased pursuant to a Letter Contract entered
into by the Securities and Exchange Commission on July 28, 2010) as
described in subsection (a), for the purposes of housing the Federal
Trade Commission employees and operations relocating from the building
located at 600 Pennsylvania Avenue, NW, District of Columbia, pursuant
to subsection (a) of this section.
SEC. 205. NATIONAL GALLERY OF ART.
Beginning on the date that the National Gallery of Art occupies the
building referred to in section 202--
(1) the building shall be known and designated as the
``North Building of the National Gallery of Art''; and
(2) any reference in a law, map, regulation, document,
paper, or other record of the United States to the building
shall be deemed to be a reference to the ``North Building of
the National Gallery of Art''. | National Women's History Museum and Federal Facilities Consolidation and Efficiency Act of 2011 - National Women's History Museum Act of 2011 - Directs the Administrator of General Services (GSA) to convey, by quitclaim deed, to the National Women's History Museum, Inc. (the Museum) specified property (commonly known as the "Cotton Annex" site) in the District of Columbia, on terms which the Administrator deems appropriate.
Requires the purchase price for the property to be: (1) its market value based on its highest and best use, as determined by an independent appraisal performed under the assumption that the property does not contain any hazardous substances, waste, or pollutants requiring a response under applicable environmental laws; and (2) paid into the Federal Buildings Fund.
Requires the property to be dedicated for use as a site for a national women's history museum for a 99-year period.
Prohibits using federal funds to purchase the property or design and construct any facility on such property.
Federal Trade Commission and National Gallery of Art Facility Consolidation, Savings, and Efficiency Act of 2011 - Requires the Administrator, not later than December 31, 2012, to transfer administrative jurisdiction, custody, and control of the building located at 600 Pennsylvania Avenue, NW, in Washington, DC, to the National Gallery of Art and to name such building as the North Building of the National Gallery of Art.
Requires the National Gallery of Art to pay the costs of remodeling, renovating, or reconstructing such building. Prohibits the use of appropriated funds for the initial costs of such activities.
Requires the Administrator to relocate the Federal Trade Commission (FTC) employees and operations housed in such building to specified space in the leased building known as the Constitution Center located at 400 7th Street, SW, in Washington, DC. Directs the Administrator and the Securities and Exchange Commission (SEC) to execute an occupancy agreement to assign or sublease such space. | {"src": "billsum_train", "title": "A bill to authorize the Administrator of General Services to convey a parcel of real property in the District of Columbia to provide for the establishment of a National Women's History Museum and direct the Administrator of General Services to transfer administrative jurisdiction, custody, and control of the building located at 600 Pennsylvania Avenue, NW, in the District of Columbia, to the National Gallery of Art, and for other purposes."} | 2,502 | 431 | 0.564602 | 2.111037 | 0.721273 | 3.962766 | 5.87234 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Access Preservation Act
of 1999''.
SEC. 2. ADDITIONAL PAYMENTS TO AGENCIES FOR MOST EXPENSIVE CASES.
(a) Payments for Outliers.--
(1) In general.--Subject to paragraph (2), from amounts
appropriated pursuant to subsection (e), the Secretary of
Health and Human Services shall pay an additional amount to
home health agencies furnishing qualified home health services
during a cost reporting period beginning on or after October 1,
1997, under the medicare program (under title XVIII of the
Social Security Act).
(2) Limitation of payments.--No payment shall be made under
this section to a home health agency that, as of the date of
the enactment of this Act, has ceased furnishing home health
services for which payment may be made under the medicare
program (under such title).
(b) Description of Qualified Services.--For purposes of additional
payment amounts under this section by the Secretary to home health
agencies, qualified home health services are home health services
furnished under the medicare program for the treatment of conditions
within a diagnosis described in subsection (c).
(c) Description of Diagnosis.--A diagnosis described in this
subsection is one of the following diagnoses as classified in St.
Anthony's ICD-9-CM Code Book for Physician Payment:
(1) diabetes mellitus (ICD-9-CM code 250).
(2) essential hypertension (ICD-9-CM code 401).
(3) other forms of chronic ischemic heart disease (ICD-9-CM
code 414).
(4) heart failure (ICD-9-CM code 428).
(5) acute, but ill-defined cerebrovascular disease (ICD-9-
CM code 436).
(6) pneumonia, organism unspecified (ICD-9-CM code 486).
(7) chronic airway obstruction, not elsewhere classified
(ICD-9-CM code 496).
(8) chronic ulcer of skin (ICD-9-CM code 707).
(9) symptoms involving urinary system (ICD-9-CM code 788).
(10) fracture of neck of femur (ICD-9-CM code 820).
(d) Determination of Agency-Specific Payment Amount.--
(1) Certification of quantity of qualified home health
services furnished.--
(A) In general.--With respect to a fiscal year, a
home health agency may submit to the Secretary a
certification of the number of patients to whom the
agency furnished qualified home health services during
the agency's cost reporting period beginning in that
fiscal year.
(B) Deadline for submission.--
(i) In general.--Such certification shall
be submitted to the Secretary during the 30-day
period beginning on the date the agency submits
to the Secretary a cost report for the cost
reporting period beginning in such fiscal year.
(ii) Transition rule.--In the case of an
agency with a cost reporting period beginning
on or after October 1, 1997, that ends before
the date of the enactment of this Act, with
respect to such cost reporting period, the 30-
day period under clause (i) begins 60 days
after the date of the enactment of this Act.
(2) Determination of aggregate qualified home health
services furnished.--From data contained in certifications
submitted under paragraph (1) with respect to cost reporting periods
beginning in fiscal years 1998, 1999, and 2000, the Secretary shall
determine, with respect to a fiscal year, the number of patients who
have received qualified home health services furnished by agencies
submitting such certifications for that fiscal year. The Secretary
shall make such determination by not later than 120 days after all cost
reports for that fiscal year have been received.
(3) Agency-specific percentage of aggregate amount.--For
each home health agency submitting a certification under
paragraph (1) for a fiscal year described in paragraph (2), the
Secretary shall determine an agency-specific percentage by
dividing the number of patients certified by the home health
agency for that fiscal year by the national total specified in
paragraph (2) for that fiscal year.
(4) Payment amount.--The Secretary shall pay for a fiscal
year described in paragraph (2) to a home health agency making
the certification under paragraph (1) an amount equal to the
product of the percentage determined under paragraph (3) and
the amount appropriated for such fiscal year under subsection
(e).
(e) Authorization of Appropriations.--There is authorized to be
appropriated from the Federal Hospital Insurance Trust Fund
(established under section 1817 of the Social Security Act (42 U.S.C.
1395i)) for making additional payments to home health agencies under
this section, $250,000,000 in each of the fiscal years 2000 through
2002.
(f) Termination.--The Secretary shall not make additional payments
under this section for cost reporting periods, or portions of cost
reporting periods, beginning on or after the date of the implementation
of the prospective payment system for home health services under
section 1895 of the Social Security Act (42 U.S.C. 1395fff).
(g) Limitation on Judicial Review.--There shall be no
administrative or judicial review under section 1869 of the Social
Security Act (42 U.S.C. 1395ff), section 1878 of such Act (42 U.S.C.
1395oo), or otherwise of any action of the Secretary with respect to
the determination of an additional payment amount under this section.
SEC. 3. OVERPAYMENTS.
(a) 36-Month Repayment Period.--In the case of an overpayment by
the Secretary of Health and Human Services to a home health agency for
home health services furnished during a cost reporting period beginning
on or after October 1, 1997, as a result of payment limitations
provided for under clause (v), (vi), or (viii) of section 1861(v)(1)(L)
of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home health
agency may elect to repay the amount of such overpayment over a 36-
month period beginning on the date of notification of such overpayment.
(b) Interest on Overpayment Amounts.--
(1) 36-month grace period.--
(A) In general.--In the case of an agency that
makes an election under subsection (a), no interest
shall accrue on the outstanding balance of the amount
of overpayment during such 36-month period.
(B) Overdue balances.--In the case of such an
agency, interest shall accrue on any outstanding
balance of the amount of overpayment after termination
of such 36-month period. Interest shall accrue under
this subparagraph at the rate of interest charged by
banks for loans to their most favored commercial
customers, as published in the Wall Street Journal on
the Friday immediately following the date of the
enactment of this Act.
(2) Other agencies.--In the case of an agency described in
subsection (a) that does not make an election under subsection
(a), interest shall accrue on the outstanding balance of the
amount of overpayment at the rate described in the second
sentence of paragraph (1)(B).
(c) Termination.--No election under subsection (a) may be made for
cost reporting periods, or portions of cost reporting periods,
beginning on or after the date of the implementation of the prospective
payment system for home health services under section 1895 of the
Social Security Act (42 U.S.C. 1395fff).
(d) Effective Date.--The provisions of subsection (a) shall take
effect as if included in the enactment of the Balanced Budget Act of
1997.
SEC. 4. 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. | Addresses overpayments to home health agencies, giving them a repayment option over a 36-month period, and prohibiting interest accrual on the outstanding balance of the overpayment amount during such period. Prohibits home health agencies from electing to make such a repayment for all or portions of cost reporting periods beginning on or after the date of the implementation of the PPS for home health services under Medicare. Makes the repayment option effective retroactively to the enactment of the Balanced Budget Act of 1997.
Directs the Secretary to meet periodically with the staff of the appropriate congressional committees to provide an informal update regarding the Secretary's progress in implementing such PPS. | {"src": "billsum_train", "title": "Home Health Access Preservation Act of 1999"} | 1,789 | 147 | 0.329376 | 0.966621 | 0.465156 | 3.875 | 13.516667 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Income and Rural School
Program''.
SEC. 2. PROGRAM AUTHORIZED.
(a) Reservations.--From amounts appropriated under section 7 for
this Act for a fiscal year, the Secretary shall reserve \1/2\ of 1
percent to make awards to elementary or secondary schools operated or
supported by the Bureau of Indian Affairs to carry out the purpose of
this Act.
(b) Grants to States.--
(1) In general.--From amounts appropriated under section 7
for this Act that are not reserved under subsection (a), the
Secretary shall award grants for a fiscal year to State
educational agencies that have applications approved under
section 4 to enable the State educational agencies to award
subgrants to eligible local educational agencies for local
authorized activities described in subsection (c)(2).
(2) Allocation.--From amounts appropriated for this Act,
the Secretary shall allocate to each State educational agency
for a fiscal year an amount that bears the same ratio to the
amount of funds appropriated under section 7 for this Act that
are not reserved under subsection (a) as the number of students
in average daily attendance served by eligible local
educational agencies in the State bears to the number of all
such students served by eligible local educational agencies in
all States for that fiscal year.
(3) Direct awards to specially qualified agencies.--
(A) Nonparticipating state.--If a State educational
agency elects not to participate in the program under
this Act or does not have an application approved under
section 4 a specially qualified agency in such State
desiring a grant under this Act shall apply directly to
the Secretary to receive such a grant.
(B) Direct awards to specially qualified
agencies.--The Secretary may award, on a competitive
basis, the amount the State educational agency is
eligible to receive under paragraph (2) directly to
specially qualified agencies in the State.
(c) Local Awards.--
(1) Eligibility.--A local educational agency shall be
eligible to receive funds under this Act if--
(A) 20 percent or more of the children aged 5 to
17, inclusive, served by the local educational agency
are from families with incomes below the poverty line;
and
(B) all of the schools served by the agency are
located in a community with a Rural-Urban Continuum
Code of 6, 7, 8, or 9, as determined by the Secretary
of Agriculture.
(2) Uses of funds.--Grant funds awarded to local
educational agencies or made available to schools under this
Act shall be used for--
(1) educational technology, including software and
hardware;
(2) professional development;
(3) technical assistance;
(4) teacher recruitment and retention;
(5) parental involvement activities; or
(6) academic enrichment programs.
SEC. 3. STATE DISTRIBUTION OF FUNDS.
(a) Award Basis.--A State educational agency shall award grants to
eligible local educational agencies--
(1) on a competitive basis; or
(2) according to a formula based on the number of students
in average daily attendance served by the eligible local
educational agencies or schools (as appropriate) in the State,
as determined by the State.
(b) Administrative Costs.--A State educational agency receiving a
grant under this Act may not use more than 5 percent of the amount of
the grant for State administrative costs.
SEC. 4. APPLICATIONS.
Each State educational agency and specially qualified agency
desiring to receive a grant under this Act shall submit an application
to the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Such application shall
include specific measurable goals and objectives to be achieved which
may include specific educational goals and objectives relating to
increased student academic achievement, decreased student drop-out
rates, or such other factors that the State educational agency or
specially qualified agency may choose to measure.
SEC. 5. REPORTS.
(a) State Reports.--Each State educational agency that receives a
grant under this Act shall provide an annual report to the Secretary.
The report shall describe--
(1) the method the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this Act;
(2) how local educational agencies and schools used funds
provided under this Act; and
(3) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 4.
(b) Specially Qualified Agency Report.--Each specially qualified
agency that receives a grant under this Act shall provide an annual
report to the Secretary. Such report shall describe--
(1) how such agency uses funds provided under this Act; and
(2) the degree to which progress has been made toward
meeting the goals and objectives described in the application
submitted under section 2(b)(4)(A).
(c) Report to Congress.--The Secretary shall prepare and submit to
the Committee on Education and the Workforce for the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions for the Senate an annual report. The report shall describe--
(1) the methods the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to schools under this Act;
(2) how eligible local educational agencies and schools
used funds provided under this Act; and
(3) progress made in meeting specific measurable
educational goals and objectives.
SEC. 6. DEFINITIONS.
For the purposes of this Act--
(1) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(2) The term ``specially qualified agency'' means an
eligible local educational agency, located in a State that does
not participate in a program under this Act in a fiscal year,
that may apply directly to the Secretary for a grant in such
year in accordance with section 2(b)(4).
(3) The term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$125,000,000 for fiscal year 2000 and such sums as may be necessary for
each of 4 succeeding fiscal years. | Directs the Secretary of Education to make grants to State educational agencies (SEAs) for elementary and secondary education development by LEAs that are eligible if: (1) 20 percent or more of the children aged five through 17, whom the LEA serves, are from families with incomes below the poverty line; and (2) all of the schools served by the LEA are located in a rural community (with a Rural-Urban Continuum Code of 6, 7, 8, or 9).
Reserves a specified portion of grant funds for schools operated or supported by the Bureau of Indian Affairs.
Sets forth an allotment formula for grants to SEAs to make grants to eligible LEAs.
Authorizes the Secretary to make direct competitive grants to specially qualified LEAs in nonparticipating States. Bases LEA eligibility for such grants on the same criteria as that for LEAs to receive State grants in participating States.
Requires such LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs.
Requires SEAs to award grants on a competitive or formula basis. Limits to five percent that portion of a grant which may be used for State administrative costs.
Requires grant program reports by SEAs, specially qualified LEAs, and the Secretary.
Authorizes appropriations. | {"src": "billsum_train", "title": "Low-Income and Rural School Program"} | 1,368 | 319 | 0.608778 | 1.675429 | 0.865977 | 3.55516 | 4.729537 | 0.857651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Broadband Competition Act
of 2001''.
SEC. 2. AMENDMENT TO THE CLAYTON ACT ON THE APPLICABILITY OF THE
ANTITRUST LAWS TO CERTAIN VIOLATIONS IN THE
TELECOMMUNICATIONS INDUSTRY.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the
end the following:
``Sec. 28. (a) In any action based on a claim arising under the
antitrust laws--
``(1) the court shall not dismiss such claim on the ground
that the defendant's conduct was or is subject to the
Communications Act of 1934 (47 U.S.C. 101 et seq.), or that
such Act takes precedence over, because of its specificity or
recency of enactment, the antitrust laws; and
``(2) the trier of fact may consider any conduct that
violates any obligations or requirements imposed by the
Communications Act of 1934 (47 U.S.C. 101 et seq.), or rules
adopted pursuant thereto, in determining whether the defendant
has engaged in anticompetitive or exclusionary conduct.
``Sec. 29. (a) If an adjudicatory body determines that an incumbent
local exchange carrier in any particular State has violated section
251, 252, 271, or 272 of the Communications Act of 1934, or any rules
promulgated pursuant to such sections, such carrier shall be deemed to
have violated the antitrust laws.
``(b) In addition to any penalty that may be imposed under any
other provision of law, such carrier and all affiliates of such carrier
may not jointly market in such State any advanced telecommunications
service with any other telecommunications or information services
offered by such carrier or by any of such affiliates.
``(c) Not later than 1 year after the enactment of the American
Broadband Competition Act of 2001, the Attorney General shall submit a
report to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate--
``(1) identifying suits brought under this section; and
``(2) describing the effect that the enforcement of this
section has had on competitiveness in the telecommunication
marketplace.''.
SEC. 3. ESTABLISHMENT OF AN ALTERNATIVE PROCESS TO RESOLVE DISPUTES.
(a) Amendment.--Title 9 of the United States Code is amended by
inserting after section 16 the following:
``Sec. 17. Disputes arising under interconnection agreements
``(a) Interconnection Agreement Controversies Subject to
Arbitration.--Any interconnection agreement entered into pursuant to
section 252 of the Communications Act of 1934 (47 U.S.C. 252) shall be
treated for purposes of this chapter as a contract containing a written
provision to settle by arbitration a controversy thereafter arising out
of such contract. Any such controversy shall be subject to arbitration
in accordance with the alternate dispute resolution process established
pursuant to this section.
``(b) Establishment Required.--Within 90 days after enactment of
the American Broadband Competition Act of 2001, the Attorney General
shall prescribe a multistate alternative dispute resolution process.
The Attorney General shall not include either the Federal
Communications Commission nor any State commission as a party to such
dispute resolution process.
``(c) Criteria for Establishment of Process.--The multistate
alternative dispute resolution process required by this section shall--
``(1) provide for a private, commercial arbitration process
that will permit a requesting telecommunications carrier to
resolve a dispute related to an interconnection agreement with
an incumbent local exchange carrier arising in 1 or several
States in an open, nondiscriminatory, and unbiased fashion
within 45 days after the filing of such dispute;
``(2) incorporate the Commercial Dispute Resolution
Procedures of the American Arbitration Association in effect at
the date of enactment of the American Broadband Competition Act
of 2001 to the extent consistent with the time limits imposed
in this section, except that all decisions of arbitration
panels constituted pursuant to this section shall be in
writing, publicly available, and posted on the Internet;
``(3) permit all parties to have the right to discovery;
and
``(4) ensure requesting telecommunications carriers do not
file frivolous disputes, and establish penalties to deter such
conduct.
``(d) Authority of Arbitration Panels.--Except as otherwise
provided in this section, awards and decisions of such arbitration
panels shall be enforceable in Federal district courts pursuant to the
procedures of this chapter.
``(e) No Collateral Estoppel.--The parties to the controversy shall
be bound by the decision of the arbitration panel as to the matter in
controversy under the interconnection agreement entered into pursuant
to section 252 of the Communications Act of 1934 (47 U.S.C. 252), but
otherwise such decision shall not have the effect of collateral
estoppel in any other proceeding involving any of such parties.
``(f) Other Remedies Not Limited.--Except as provided in subsection
(e), the availability of alternative dispute resolution pursuant to
this section shall not--
``(1) limit any other remedy a requesting
telecommunications carrier might have for the same or similar
facts, including relief before the Attorney General of the
United States, the Federal Communications Commission or State
commissions (as defined by section 3 of the Communications Act
of 1934), courts of the United States, or any other appropriate
forum; or
``(2) modify, affect, or supersede the authority and
responsibility of the Federal Communications Commission to
expeditiously administer and enforce the Communications Act of
1934.''.
(b) Conforming Amendment.--The table of sections of chapter 1 of
title 9 is amended by inserting after the item relating to section 16
the following:
``17. Disputes arising under interconnection agreements.''. | American Broadband Competition Act of 2001 - Amends the Clayton Act to provide for the application of that Act to specified violations in the telecommunications industry, including violations by an incumbent local exchange carrier in a State. Prohibits such carrier and all affiliates from jointly marketing in a State any advanced telecommunications service with any other telecommunications or information services offered by such carrier or affiliates. Directs the Attorney General to report on suits brought herein, describing the effect that enforcement has had on competitiveness in the telecommunication marketplace.Treats certain interconnection agreements as contracts containing a written provision to settle by arbitration a controversy thereafter arising out of such contract. Subjects any such controversy to arbitration in accordance with the alternative dispute resolution (ADR) process established under this Act.Requires the Attorney General to prescribe a multi-state ADR process for disputes related to an interconnection agreement. | {"src": "billsum_train", "title": "To ensure the application of the antitrust laws to local telephone monopolies, and for other purposes."} | 1,335 | 203 | 0.597932 | 1.662639 | 0.838086 | 3.471698 | 7.314465 | 0.893082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Education Act of 1994''.
TITLE I--TARGETED JOBS CREDIT FOR SCHOOL-TO-WORK PROGRAMS
SEC. 101. TARGETED JOBS CREDIT FOR PARTICIPANTS IN APPROVED SCHOOL-TO-
WORK PROGRAMS.
(a) In General.--Subparagraph (I) of section 51(d)(1) of the
Internal Revenue Code of 1986 (defining members of targeted group) is
amended to read as follows:
``(I) a qualified participant in an approved
school-to-work program, or''.
(b) Qualified Participant in an Approved School-To-Work Program.--
Paragraph (10) of section 51(d) of such Code is amended to read as
follows:
``(10) Qualified participant in an approved school-to-work
program defined.--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `qualified participant in an
approved school-to-work program' means any individual
who is certified under an approved school-to-work
program as--
``(i) having attained age 16 but not having
attained age 23, and
``(ii) being enrolled in and making
satisfactory progress in completing such
approved school-to-work program.
``(B) Limitation on number of participants.--
``(i) In general.--Any individual who
begins work for the employer during any
calendar year shall not be treated as a
qualified participant in an approved school-to-
work program unless the individual is certified
under such program as an eligible participant
with respect to such calendar year.
``(ii) Limitation on certifications.--The
aggregate number of individuals certified under
an approved school-to-work program as eligible
participants with respect to any calendar year
shall not exceed the portion of the national
school-to-work program limitation for such
calendar year allocated under subsection (m) to
such program.
``(C) Approved school-to-work program.--The term
`approved school-to-work program' means any program
which--
``(i) is a planned program of structured
job training designed to integrate academic
instruction provided by an educational
institution and work-based learning provided by
an employer, and
``(ii) is approved by the Secretary of
Labor acting through the Bureau of Job
Apprenticeship.
``(D) Wages.--In the case of remuneration
attributable to services performed while the individual
meets the requirements of subparagraph (A), wages, and
unemployment insurance wages, shall be determined
without regard to section 3306(c)(10)(C).
``(E) Cross reference.--
``For special rules and limitations
applicable to credit for qualified participants in approved school-to-
work programs, see subsections (l) and (m).''
(c) Special Rules and Overall Limitations.--Section 51 of such Code
is amended by adding at the end thereof the following new subsections:
``(l) Special Rules for Credit for Approved School-To-Work Program
Participants.--
``(1) Termination not applicable.--Paragraph (4) of
subsection (c) shall not apply in the case of any qualified
participant in an approved school-to-work program.
``(2) Credit not limited to first year wages.--The credit
determined under subsection (a) with respect to any qualified
participant in an approved school-to-work program shall be
equal to 40 percent of the lesser of--
``(A) the wages paid or incurred by the employer
during such taxable year to such qualified participant,
or
``(B) $6,000 reduced by the amount of wages taken
into account by the employer for any prior taxable year
with respect to such qualified participant.
``(3) Early termination of employment.--
``(A) In general.--If the employment of any
qualified participant in an approved school-to-work
program is terminated by the taxpayer before the day 1
year after the day on which such qualified participant
began work for the employer--
``(i) no wages with respect to such
participant shall be taken into account under
this section for the taxable year in which such
employment is terminated, and
``(ii) the tax under this chapter for the
taxable year in which such employment is
terminated shall be increased by the aggregate
credits (if any) allowed under section 38 for
prior taxable years by reason of wages taken
into account with respect to such qualified
participant.
``(B) Certain exceptions and other rules made
applicable.--Rules similar to the rules of paragraphs
(2), (3), and (4) of section 45A(d) shall apply for
purposes of subparagraph (A).
``(m) Overall Limitation on Approved School-To-Work Program
Participants.--
``(1) In general.--For purposes of subsection (d)(10), the
national school-to-work program limitation--
``(A) for calendar year 1995 is 100,000,
``(B) for calendar year 1996 is 150,000,
``(C) for calendar year 1997 is 175,000, and
``(D) for calendar year 1998 and any subsequent
calendar year is 200,000.
``(2) Allocation to states.--The national school-to-work
program limitation for any calendar year shall be allocated
among the States in proportion to the number of their eligible
participants that are estimated to be served in approved
school-to-work programs for that year. Such estimates shall be
published by the Secretary of Labor acting through the Bureau
of Job Apprenticeship before the beginning of the calendar year
to which the allocation applies.
``(3) Allocation to approved school-to-work programs.--The
portion of the national school-to-work program limitation for
any calendar year which is allocated to any State shall be
allocated among the approved school-to-work programs in such
State in such manner as the Secretary of Labor acting through
the Bureau of Job Apprenticeship shall prescribe.''
(d) Effective Date.--The amendments made by this section shall
apply in the case of individuals who begin work for the employer after
December 31, 1994.
TITLE II--AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL AND
COMMUNITY SERVICE ACT OF 1990
SEC. 201. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL SERVICE
TRUST PROGRAM, NATIONAL SERVICE EDUCATIONAL AWARDS, AND
QUALITY AND INNOVATION ACTIVITIES.
Section 501(a)(2)(A) of the National and Community Service Act of
1990 (42 U.S.C. 12681(a)(2)(A)) is amended by striking ``$500,000,000
for fiscal year 1995, and $700,000,000 for fiscal year 1996'' and
inserting ``$1,000,000,000 for fiscal year 1995, $1,400,000,000 for
fiscal year 1996, and $3,000,000,000 for each of the fiscal years 1997
through 1999''.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS FOR CIVILIAN COMMUNITY CORPS
DEMONSTRATION PROGRAM.
Section 501(a)(3) of the National and Community Service Act of 1990
(42 U.S.C. 12681(a)(3)) is amended by striking ``through 1996'' and
inserting ``through 1999''.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION OF THE
NATIONAL AND COMMUNITY SERVICE ACT OF 1990.
Section 501(a)(4)(A) of the National and Community Service Act of
1990 (42 U.S.C. 12681(a)(4)(A)) is amended by striking ``$60,000,000
for fiscal year 1995, and $70,000,000 for fiscal year 1996'' and
inserting ``$80,000,000 for fiscal year 1995, $90,000,000 for fiscal
year 1996, and $100,000,000 for each of the fiscal years 1997 through
1999''.
TITLE III--STUDY AND REPORT RELATING TO CONSOLIDATION OF FEDERAL
DISLOCATED WORKER PROGRAMS
SEC. 301. STUDY.
(a) In General.--The Secretary of Labor shall conduct a study on
the feasibility of consolidating the administration of the Federal
dislocated worker programs described in subsection (b) into a single
comprehensive program, the goals of which are--
(1) to speed up the process of determining the eligibility
of individuals for training and related services under such
programs;
(2) to give such individuals increased flexibility in how
they receive and use such training and related services; and
(3) to reduce the overlap in administration among such
programs and to provide more efficient service under such
programs by establishing local common points of access for such
training and related services.
(b) Federal Dislocated Worker Programs.--The Federal dislocated
worker programs described in this subsection are--
(1) programs under title III of the Job Training
Partnership Act (29 U.S.C. 1651 et seq.), including--
(A) the defense conversion adjustment program under
section 325 of such Act (29 U.S.C. 1662d);
(B) the defense diversification program under
section 325A of such Act (29 U.S.C. 1662d-1); and
(C) the clean air employment transition assistance
program under section 326 of such Act (29 U.S.C.
1662e); and
(2) the trade adjustment assistance program under chapter 2
of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.).
SEC. 302. REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Labor shall submit to the Congress a report
containing--
(1) the results of the study carried out under section 301;
and
(2) if appropriate, recommendations for legislation to
achieve the consolidation of the administration of the Federal
dislocated worker programs described in such section.
TITLE IV--FINANCING PROVISIONS
SEC. 401. REQUIRING CERTAIN AGENCIES TO PREFUND GOVERNMENT HEALTH
BENEFITS CONTRIBUTIONS FOR THEIR ANNUITANTS.
(a) Definitions.--For the purpose of this section--
(1) the term ``agency'' means any agency or other
instrumentality within the executive branch of the Government,
the receipts and disbursements of which are not generally
included in the totals of the budget of the United States
Government submitted by the President;
(2) the term ``health benefits plan'' means, with respect
to an agency, a health benefits plan, established by or under
Federal law, in which employees or annuitants of such agency
may participate;
(3) the term ``health-benefits coverage'' means coverage
under a health benefits plan'';
(4) an individual shall be considered to be an ``annuitant
of an agency'' if such individual is entitled to an annuity,
under a retirement system established by or under Federal law,
by virtue of--
(A) such individual's service with, and separation
from, such agency; or
(B) being the survivor of an annuitant under
subparagraph (A) or of an individual who died while
employed by such agency; and
(5) the term ``Office'' means the Office of Personnel
Management.
(b) Prefunding Requirement.--
(1) In general.--Effective as of October 1, 1994, each
agency (or February 1, 1995, in the case of the agency with the
greatest number of employees, as determined by the Office)
shall be required to prepay the Government contributions which
are or will be required in connection with providing health-
benefits coverage for annuitants of such agency.
(2) Regulations.--The Office shall prescribe such
regulations as may be necessary to carry out this section. The
regulations shall be designed to ensure at least the following:
(A) Amounts paid by each agency shall be sufficient
to cover the amounts which would otherwise be payable
by such agency (on a ``pay-as-you-go'' basis), on or
after the applicable effective date under paragraph
(1), on behalf of--
(i) individuals who are annuitants of the
agency as of such effective date; and
(ii) individuals who are employed by the
agency as of such effective date, or who become
employed by the agency after such effective
date, after such individuals have become
annuitants of the agency (including their
survivors).
(B)(i) For purposes of determining any amounts
payable by an agency--
(I) this section shall be treated as if it
had taken effect at the beginning of the 20-
year period which ends on the effective date
applicable under paragraph (1) with respect to
such agency; and
(II) in addition to any amounts payable
under subparagraph (A), each agency shall also
be responsible for paying any amounts for which
it would have been responsible, with respect to
the 20-year period described in subclause (I),
in connection with any individuals who are
annuitants or employees of the agency as of the
applicable effective date under paragraph (1).
(ii) Any amounts payable under this subparagraph
for periods preceding the applicable effective date
under paragraph (1) shall be payable in equal
installments over the 20-year period beginning on such
effective date.
(c) FASB Standards.--Regulations under subsection (b) shall be in
conformance with the provisions of standard 106 of the Financial
Accounting Standards Board, issued in December 1990.
(d) Clarification.--Nothing in this section shall be considered to
permit or require duplicative payments on behalf of any individuals.
(e) Draft Legislation.--The Office shall prepare and submit to
Congress any draft legislation which may be necessary in order to carry
out this section.
SEC. 402. RESCISSION OF FUNDS FOR TRAVEL ACCOUNTS.
(a) In General.--Of the funds made available in any appropriations
Act for fiscal year 1994 to any executive department or agency, or any
entity in the legislative branch, for purposes of official travel, 15
percent is rescinded. The Director of the Office of Management and
Budget shall allocate such rescission among the appropriate accounts,
and shall submit to the Congress a report setting forth such
allocation.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) the Department of Defense, the Department of Justice,
the Department of State, the Department of the Treasury, the
Department of Veterans Affairs, or any agency or office within
any such department; or
(2) the Office of Personnel Management in carrying out its
responsibilities under the Voting Rights Act of 1965. | TABLE OF CONTENTS:
Title I: Targeted Jobs Credit for School-to-Work Programs
Title II: Authorization of Appropriations for the National
and Community Service Act of 1990
Title III: Study and Report Relating to Consolidation of
Federal Dislocated Worker Programs
Title IV: Financing Provisions
Workforce Education Act of 1994 -
Title I: Targeted Jobs Credit for School-to-Work Programs
- Amends the Internal Revenue Code to provide a targeted jobs credit to employers for employing qualified participants in approved school-to-work programs.
Title II: Authorization of Appropriations for the National and Community Service Act of 1990
- Amends the National and Community Service Act of 1990 to extend the authorization of appropriations for the national service trust program, national service educational awards, quality and innovation activities, Civilian Community Corps demonstration program, and administration of such Act.
Title III: Study and Report Relating to Consolidation of Federal Dislocated Worker Programs
- Directs the Secretary of Labor to study and report to the Congress on the feasibility of consolidating the administration of specified Federal dislocated worker programs into a single comprehensive program with certain goals.
Title IV: Financing Provisions
- Requires certain Federal agencies to prefund government health benefits contributions for their annuitants.
Rescinds 15 percent of official travel funds for executive departments or agencies (with specified exceptions) and for any entity in the legislative branch. | {"src": "billsum_train", "title": "Workforce Education Act of 1994"} | 3,268 | 322 | 0.525627 | 1.508766 | 0.62598 | 3.923913 | 10.514493 | 0.887681 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Hybrid Tax Credit Act of
2005''.
SEC. 2. INCREASED CREDIT AMOUNT FOR ALTERNATIVE MOTOR VEHICLES
ASSEMBLED IN THE UNITED STATES.
(a) Increased Credit Amount.--
(1) New qualified fuel cell motor vehicle credit.--
Subsection (b) of section 30B of the Internal Revenue Code of
1986 (relating to alternative motor vehicle credit) is amended
by inserting at the end the following new paragraph:
``(4) Domestic assembly increase.--Except as provided in
subsection (h)(11), the amount determined under paragraph (1)
with respect to a new qualified fuel cell motor vehicle which
is assembled in the United States shall be increased by
$3,000.''.
(2) New advanced lean burn technology motor vehicle
credit.--Subsection (c)(2) of such section of such Code is
amended by inserting at the end the following new subparagraph:
``(C) Domestic assembly increase.--Except as
provided in subsection (h)(11), the amount determined
under this paragraph with respect to a new advanced
lean burn technology motor vehicle which is assembled
in the United States shall be increased by $3,000.''.
(3) New qualified hybrid motor vehicle credit.--Subsection
(d)(2) of such section of such credit is amended by inserting
at the end the following new subparagraph:
``(C) Domestic assembly increase.--Except as
provided in subsection (h)(11), the amount determined
under this paragraph with respect to a new qualified
hybrid motor vehicle which is assembled in the United
States shall be increased by $3,000.''.
(4) New qualified alternative fuel motor vehicle credit.--
Subsection (e) of such section of such Code is amended by
inserting at the end the following new paragraph:
``(6) Domestic assembly increase.--Except as provided in
subsection (h)(11), the amount determined under paragraph (1)
with respect to a new advanced qualified alternative fuel motor
vehicle which is assembled in the United States shall be
increased by $3,000.''.
(5) Dollar limitation.--Subsection (h) of such section of
such Code is amended by inserting at the end the following new
paragraph:
``(11) Dollar limitation.--In determining the amount of the
credit allowed under this section for a taxpayer during a
taxable year, the total dollar amount of the increases
described in subsections (b)(4), (c)(2)(C), (d)(2)(C), and
(e)(6) with respect to such taxpayer during the taxable year
shall not exceed $6,000.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 1341 of the Energy Policy Act of 2005.
SEC. 3. INCREASED CREDIT AMOUNT FOR RESEARCH RELATED TO ALTERNATIVE
MOTOR VEHICLE TECHNOLOGY.
(a) Research Credit.--Section 41 (relating to credit for increasing
research activities) is amended by adding at the end the following new
subsection:
``(i) Certain Technologies.--
``(1) Increased credit amount.--In the case of expenses
relating to a technology described in paragraph (2), subsection
(a)(1) shall be applied by substituting `40 percent' for `20
percent'.
``(2) Technology described.--A technology described in this
paragraph is a technology which enables a vehicle to qualify
for the alternative motor vehicle credit under section 30B, as
determined by the Secretary, and which is--
``(A) a fuel cell described in section 30B(b)(3),
``(B) a hybrid motor vehicle technology described
in paragraphs (2) or (3) of section 30B(c),
``(C) an alternative fuel motor vehicle technology
described in section 30B(d)(4),
``(D) an advanced diesel motor vehicle technology
described in section 30B(e), or
``(E) an energy storage technology for motor
vehicles.
``(3) Domestic production requirement.--An expense shall be
treated as not described in paragraph (1) unless any research
qualified under this section is conducted substantially within
the United States.
``(4) Technology portion of credit refundable for small
businesses.--
``(A) In general.--In the case of an eligible small
business, the portion of the credit which is
attributable to expenses relating to technologies
described in paragraph (2) and which would (but for
subparagraph (B)) be allowable under this section shall
be treated for purposes of this title as a credit
allowed under subpart C.
``(B) No double benefit.--The amount of the credit
allowed under this section shall be reduced by the
amount of any credit treated as allowed under subpart C
by reason of subparagraph (A).
``(C) Eligible small business.--For purposes of
this paragraph, a taxpayer is an eligible small
business for any taxable year if the average annual
gross receipts of the taxpayer for the 3 preceding
taxable years do not exceed $5,000,000. For purposes of
the preceding sentence, rules similar to the rules of
paragraphs (2) and (3) of section 448(c) shall
apply.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005. | American Hybrid Tax Credit Act of 2005 - Amends the Internal Revenue Code to increase by $3,000 the allowable amount of the tax credit for alternative motor vehicles (i.e., qualified fuel cell vehicles, advanced lean burn technology motor vehicles, hybrid vehicles, and alternative fuel motor vehicles) which are assembled in the United States.
Allows a 20% increase in the tax credit for increasing research activities for U.S.-based research on alternative motor vehicle technology. Makes such credit refundable for certain small businesses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the credit for certain alternative motor vehicles assembled in the United States and to increase the credit for research related to alternative motor vehicle technology."} | 1,183 | 111 | 0.572365 | 1.459152 | 0.46392 | 2.505376 | 11.505376 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Therapeutic Fraud Prevention Act of
2016''.
SEC. 2. FINDINGS.
Congress finds that--
(1) being lesbian, gay, bisexual, transgender, or gender
nonconforming is not a disorder, disease, illness, deficiency,
or shortcoming;
(2) the national community of professionals in education,
social work, health, mental health, and counseling has
determined that there is no scientifically valid evidence that
supports the practice of attempting to prevent a person from
being lesbian, gay, bisexual, transgender, or gender
nonconforming;
(3) such professionals have determined that there is no
evidence that conversion therapy is effective or that an
individual's sexual orientation or gender identity can be
changed by conversion therapy;
(4) such professionals have also determined that the
potential risks of conversion therapy are not only that it is
ineffective, but also that it is substantially dangerous to an
individual's mental and physical health, and has been shown to
contribute to depression, self-harm, low self-esteem, family
rejection, and suicide; and
(5) it is in the interest of the Nation to make sure that
lesbian, gay, bisexual, transgender, and gender nonconforming
people and their families are not defrauded by persons seeking
to profit by offering this harmful and wholly ineffective
therapy.
SEC. 3. UNFAIR OR DECEPTIVE ACTS AND PRACTICES RELATED TO CONVERSION
THERAPY.
(a) Unlawful Conduct.--It shall be unlawful for any person--
(1) to provide conversion therapy to any individual if such
person receives monetary compensation in exchange for such
services; or
(2) to advertise for the provision of conversion therapy
and claim in such advertising--
(A) to change another individual's sexual
orientation or gender identity;
(B) to eliminate or reduce sexual or romantic
attractions or feelings toward individuals of the same
gender; or
(C) that such efforts are harmless or without risk
to individuals receiving such therapy.
(b) Enforcement by Federal Trade Commission.--
(1) Violation of rule.--A violation of subsection (a) 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)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this
section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Any person who
violates this subsection (a) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act (15 U.S.C.
41 et seq.).
(3) Regulations.--The Commission may promulgate, in
accordance with section 553 of title 5, United States Code,
such regulations as the Commission considers appropriate to
carry out this section.
(c) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(a) in a practice that violates such subsection, the attorney
general of the State may, as parens patriae, bring a civil
action on behalf of the residents of the State in an
appropriate district court of the United States to obtain
appropriate relief.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(a), the attorney general of a State may not, during the
pendency of such action, bring a civil action under paragraph
(1) against any defendant named in the complaint of the
Commission for the violation with respect to which the
Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant;
(ii) may be found;
(iii) transacts business; or
(iv) wherever venue is proper under section
1391 of title 28, United States Code.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
SEC. 4. DEFINITIONS.
In this Act:
(1) Conversion therapy.--The term ``conversion therapy''--
(A) means any practices or treatments by any person
that seek to change another individual's sexual
orientation or gender identity, including efforts to
change behaviors or gender expressions, or to eliminate
or reduce sexual or romantic attractions or feelings
toward individuals of the same gender, if such person
receives monetary compensation in exchange for such
practices or treatments; and
(B) does not include practices or treatments that--
(i) provide assistance to an individual
undergoing a gender transition; or
(ii) provide acceptance, support, and
understanding of a client or facilitation of a
client's coping, social support, and identity
exploration and development, including sexual
orientation-neutral interventions to prevent or
address unlawful conduct or unsafe sexual
practices,
if such practices or treatments do not seek to change
sexual orientation or gender identity.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
(3) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and its application to any person or
circumstance shall not be affected thereby. | Therapeutic Fraud Prevention Act of 2016 This bill prohibits sexual orientation or gender identity conversion therapy from being provided in exchange for monetary compensation. It bars advertisements for such therapy that claim to: (1) change an individual's sexual orientation or gender identity, (2) eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, or (3) be harmless or without risk. These prohibitions are inapplicable to practices or treatments that do not seek to change sexual orientation or gender identity if they provide: (1) assistance to an individual undergoing a gender transition; or (2) acceptance, support, and understanding of clients or facilitation of clients' coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. The Federal Trade Commission and states are provided authority to enforce against violations. | {"src": "billsum_train", "title": "Therapeutic Fraud Prevention Act of 2016"} | 1,873 | 176 | 0.609894 | 1.793306 | 0.89336 | 3.732558 | 10.122093 | 0.918605 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Insurance Non-Discrimination for
Survivors Act''.
SEC. 2. DEFINITIONS.
In this Act, except as otherwise expressly provided:
(1) Course of conduct.--The term ``course of conduct''
means a course of repeatedly maintaining a visual or physical
proximity to a person or conveying verbal or written threats,
including threats conveyed through electronic communications,
or threats implied by conduct.
(2) Electronic communications.--The term ``electronic
communications'' includes communications via telephone
(including mobile phone), computer, e-mail, video recorder, fax
machine, telex, or pager.
(3) Employ; state.--The terms ``employ'' and ``State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(4) Employee.--
(A) In general.--The term ``employee'' means any
person employed by an employer. In the case of an
individual employed by a public agency, such term means
an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time
basis, for a fixed time period, on a temporary basis,
pursuant to a detail, or as a participant in a work
assignment as a condition of receipt of Federal or
State income-based public assistance.
(5) Employer.--The term ``employer''--
(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs 15
or more individuals; and
(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee, and includes a public agency that
employs individuals as described in section 3(e)(2) of
the Fair Labor Standards Act of 1938, but does not
include any labor organization (other than when acting
as an employer) or anyone acting in the capacity of
officer or agent of such labor organization.
(6) Employment benefits.--The term ``employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ``employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(7) Person.--The term ``person'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(8) Repeatedly.--The term ``repeatedly'' means on 2 or more
occasions.
(9) Sexual assault.--The term ``sexual assault'' has the
meaning given the term in section 40002 of the Violence Against
Women Act of 1994 (42 U.S.C. 13925).
(10) Victim of domestic violence, dating violence, sexual
assault, or stalking.--The term ``victim of domestic violence,
dating violence, sexual assault, or stalking'' includes a
person who has been a victim of domestic violence, dating
violence, sexual assault, or stalking and a person whose family
or household member has been a victim of domestic violence,
dating violence, sexual assault, or stalking.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abuse.--The term ``abuse'' means the occurrence of 1 or
more of the following acts by a current or former household or
family member, intimate partner, or caretaker:
(A) Attempting to cause or causing another person
bodily injury, physical harm, substantial emotional
distress, or psychological trauma.
(B) Attempting to engage in or engaging in rape,
sexual assault, or involuntary sexual intercourse.
(C) Engaging in a course of conduct or repeatedly
committing acts toward another person, including
following the person without proper authority and under
circumstances that place the person in reasonable fear
of bodily injury or physical harm.
(D) Subjecting another person to false imprisonment
or kidnapping.
(E) Attempting to cause or causing damage to
property so as to intimidate or attempt to control the
behavior of another person.
(2) Health carrier.--The term ``health carrier'' means a
person that contracts or offers to contract on a risk-assuming
basis to provide, deliver, arrange for, pay for, or reimburse
any of the cost of health care services, including a sickness
and accident insurance company, a health maintenance
organization, a nonprofit hospital and health service
corporation, or any other entity providing a plan of health
insurance, health benefits, or health services.
(3) Insured.--The term ``insured'' means a party named on a
policy, certificate, or health benefit plan, including an
individual, corporation, partnership, association,
unincorporated organization, or any similar entity, as the
person with legal rights to the benefits provided by the
policy, certificate, or health benefit plan. For group
insurance, the term includes a person who is a beneficiary
covered by a group policy, certificate, or health benefit plan.
For life insurance, the term refers to the person whose life is
covered under an insurance policy.
(4) Insurer.--The term ``insurer'' means any person,
reciprocal exchange, inter insurer, Lloyds insurer, fraternal
benefit society, or other legal entity engaged in the business
of insurance, including agents, brokers, adjusters, and third-
party administrators. The term includes employers who provide
or make available employment benefits through an employee
benefit plan, as defined in section 3(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 102(3)). The
term also includes health carriers, health benefit plans, and
life, disability, and property and casualty insurers.
(5) Policy.--The term ``policy'' means a contract of
insurance, certificate, indemnity, suretyship, or annuity
issued, proposed for issuance, or intended for issuance by an
insurer, including endorsements or riders to an insurance
policy or contract.
(6) Subject of abuse.--The term ``subject of abuse''
means--
(A) a person against whom an act of abuse has been
directed;
(B) a person who has prior or current injuries,
illnesses, or disorders that resulted from abuse; or
(C) a person who seeks, may have sought, or had
reason to seek medical or psychological treatment for
abuse, protection, court-ordered protection, or shelter
from abuse.
SEC. 4. DISCRIMINATORY ACTS PROHIBITED.
(a) In General.--No insurer may, directly or indirectly, engage in
any of the following acts or practices on the basis that the applicant
or insured, or any person employed by the applicant or insured or with
whom the applicant or insured is known to have a relationship or
association, is, has been, or may be the subject of abuse or has
incurred or may incur abuse-related claims:
(1) Denying, refusing to issue, renew, or reissue, or
canceling or otherwise terminating an insurance policy or
health benefit plan.
(2) Restricting, excluding, or limiting insurance coverage
for losses or denying a claim, except as otherwise permitted or
required by State laws relating to life insurance
beneficiaries.
(3) Adding a premium differential to any insurance policy
or health benefit plan.
(b) Prohibition on Limitation of Claims.--No insurer may, directly
or indirectly, deny or limit payment to an insured who is a subject of
abuse if the claim for payment is a result of the abuse.
(c) Prohibition on Termination.--
(1) In general.--No insurer or health carrier may terminate
health coverage for a subject of abuse because coverage was
originally issued in the name of the abuser and the abuser has
divorced, separated from, or lost custody of the subject of
abuse or the abuser's coverage has terminated voluntarily or
involuntarily and the subject of abuse does not qualify for an
extension of coverage under part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1161 et seq.) or section 4980B of the Internal Revenue Code of
1986.
(2) Payment of premiums.--Nothing in paragraph (1) shall be
construed to prohibit the insurer from requiring that the
subject of abuse pay the full premium for the subject's
coverage under the health plan if the requirements are applied
to all insured of the health carrier.
(3) Exception.--An insurer may terminate group coverage to
which this subsection applies after the continuation coverage
period required by this subsection has been in force for 18
months if it offers conversion to an equivalent individual
plan.
(4) Continuation coverage.--The continuation of health
coverage required by this subsection shall be satisfied by any
extension of coverage under part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1161 et seq.) or section 4980B of the Internal Revenue Code of
1986 provided to a subject of abuse and is not intended to be
in addition to any extension of coverage otherwise provided for
under such part 6 or section 4980B.
(d) Use of Information.--
(1) Limitation.--
(A) In general.--In order to protect the safety and
privacy of subjects of abuse, no person employed by or
contracting with an insurer or health benefit plan may
(without the consent of the subject)--
(i) use, disclose, or transfer information
relating to abuse status, acts of abuse, abuse-
related medical conditions, or the applicant's
or insured's status as a family member,
employer, associate, or person in a
relationship with a subject of abuse for any
purpose unrelated to the direct provision of
health care services unless such use,
disclosure, or transfer is required by an order
of an entity with authority to regulate
insurance or an order of a court of competent
jurisdiction; or
(ii) disclose or transfer information
relating to an applicant's or insured's mailing
address or telephone number or the mailing
address and telephone number of a shelter for
subjects of abuse, unless such disclosure or
transfer--
(I) is required in order to provide
insurance coverage; and
(II) does not have the potential to
endanger the safety of a subject of
abuse.
(B) Rule of construction.--Nothing in this
paragraph may be construed to limit or preclude a
subject of abuse from obtaining the subject's own
insurance records from an insurer.
(2) Authority of subject of abuse.--A subject of abuse, at
the absolute discretion of the subject of abuse, may provide
evidence of abuse to an insurer for the limited purpose of
facilitating treatment of an abuse-related condition or
demonstrating that a condition is abuse-related. Nothing in
this paragraph shall be construed as authorizing an insurer or
health carrier to disregard such provided evidence.
SEC. 5. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.
Insurers shall develop and adhere to written policies specifying
procedures to be followed by employees, contractors, producers, agents,
and brokers for the purpose of protecting the safety and privacy of a
subject of abuse and otherwise implementing this Act when taking an
application, investigating a claim, or taking any other action relating
to a policy or claim involving a subject of abuse.
SEC. 6. REASONS FOR ADVERSE ACTIONS.
An insurer that takes an action that adversely affects a subject of
abuse, shall advise the applicant or insured who is the subject of
abuse of the specific reasons for the action in writing. For purposes
of this section, reference to general underwriting practices or
guidelines shall not constitute a specific reason.
SEC. 7. LIFE INSURANCE.
Nothing in this Act shall be construed to prohibit a life insurer
from declining to issue a life insurance policy if the applicant or
prospective owner of the policy is or would be designated as a
beneficiary of the policy, and if--
(1) the applicant or prospective owner of the policy lacks
an insurable interest in the insured; or
(2) the applicant or prospective owner of the policy is
known, on the basis of police or court records, to have
committed an act of abuse against the proposed insured.
SEC. 8. SUBROGATION WITHOUT CONSENT PROHIBITED.
Subrogation of claims resulting from abuse is prohibited without
the informed consent of the subject of abuse.
SEC. 9. ENFORCEMENT.
(a) Federal Trade Commission.--Any act or practice prohibited by
this Act shall be treated as an unfair and deceptive act or practice
pursuant to section 5 of the Federal Trade Commission Act (15 U.S.C.
45) and the Federal Trade Commission shall enforce this Act in the same
manner, by the same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of this
Act, including issuing a cease and desist order granting any individual
relief warranted under the circumstances, including temporary,
preliminary, and permanent injunctive relief and compensatory damages.
(b) Private Cause of Action.--
(1) In general.--An applicant or insured who believes that
the applicant or insured has been adversely affected by an act
or practice of an insurer in violation of this Act may maintain
an action against the insurer in a Federal or State court of
original jurisdiction.
(2) Relief.--Upon proof of such conduct by a preponderance
of the evidence in an action described in paragraph (1), the
court may award appropriate relief, including temporary,
preliminary, and permanent injunctive relief and compensatory
and punitive damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's attorneys and
expert witnesses.
(3) Statutory damages.--With respect to compensatory
damages in an action described in paragraph (1), the aggrieved
individual may elect, at any time prior to the rendering of
final judgment, to recover in lieu of actual damages, an award
of statutory damages in the amount of $5,000 for each
violation.
SEC. 10. NO PREEMPTION.
Nothing in this Act shall be construed as superseding any law of a
State or political subdivision of a State that provides greater
protection to victims of domestic violence than provided in this Act.
SEC. 11. EFFECTIVE DATE.
This Act shall apply with respect to any action taken on or after
the date of enactment of this Act. | Insurance Non-Discrimination for Survivors Act - Prohibits an insurer from denying or terminating an insurance policy or health benefit plan, restricting or excluding coverage for losses or denying a claim, or adding a premium differential to any policy or health benefit plan on the basis that the insured (or any employee or any person with whom the insured is known to have a relationship or association) is the subject of, or incurs a claim related to, domestic abuse.
Prohibits: (1) an insurer from denying or limiting payment to an insured who is the subject of abuse if the claim for payment is a result of the abuse; (2) an insurer or health carrier from terminating health coverage for a subject of abuse because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject or the abuser's coverage has terminated and the subject does not qualify for an extension of coverage; and (3) any person employed by or contracting with an insurer or health benefit plan to use, disclose, or transfer specified information (including regarding abuse status) without the subject's consent.
Requires: (1) insurers to develop and adhere to written policies specifying procedures to be followed to protect the safety and privacy of a subject of abuse; and (2) an insurer that takes an action that adversely affects a subject of abuse to advise that applicant or insured in writing of the specific reasons for the action. | {"src": "billsum_train", "title": "To prohibit discrimination in insurance coverage to victims of domestic violence, dating violence, sexual assault, or stalking."} | 3,302 | 319 | 0.354154 | 1.109273 | 0.632162 | 5.245614 | 10.540351 | 0.978947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Research Projects Energy
Act (ARPA-E) Act''.
SEC. 2. ASSISTANT SECRETARY FOR ADVANCED ENERGY RESEARCH, TECHNOLOGY
DEVELOPMENT, AND DEPLOYMENT.
(a) Establishment.--
(1) In general.--The Secretary of Energy shall establish in
the Department of Energy the position of Assistant Secretary
for Advanced Energy Research, Technology Development, and
Deployment (referred to in this Act as the ``Assistant
Secretary''), to be headed by, and to report to, the Secretary.
(2) Qualifications.--The Assistant Secretary shall be an
individual with--
(A) an advanced education degree in energy
technology; and
(B) substantial commercial research and technology
development and deployment experience.
(b) Mission.--The mission of the Assistant Secretary is--
(1) to implement an innovative energy research, technology
development, and deployment program to--
(A) increase national security by significantly
reducing petroleum and imported fuels consumption;
(B) significantly improve the efficiency of
electricity use and the reliability of the electricity
system; and
(C) significantly reduce greenhouse gas emissions;
and
(2) to sponsor a diverse portfolio of cutting-edge, high-
payoff research, development, and deployment projects to carry
out the program.
(c) Experimental Personnel Authority.--The Assistant Secretary may
staff the office of the Assistant Secretary primarily using a program
of experimental use of special personnel management authority in order
to facilitate recruitment of eminent experts in science or engineering
for management of research and development projects and programs
administered by the Assistant Secretary under similar terms and
conditions as the authority is exercised under section 1101 of the
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 5 U.S.C. 3104 note), as determined by the
Assistant Secretary.
(d) Transactions Other Than Contracts and Grants.--To carry out
projects under this Act, the Assistant Secretary may enter into
transactions to carry out advanced research projects under this
subsection under similar terms and conditions as the authority is
exercised under section 646(g) of the Department of Energy Organization
Act (42 U.S.C. 7256(g)).
(e) Prizes for Advanced Technology Achievements.--
(1) In general.--Subject to paragraphs (2) through (4), the
Assistant Secretary may carry out a program to award cash
prizes in recognition of outstanding achievements in basic,
advanced, and applied research, technology development, and
prototype development that have the potential to advance the
mission described in subsection (b) under similar terms and
conditions as the authority is exercised under section 1008 of
the Energy Policy Act of 2005 (42 U.S.C. 16396).
(2) Competition requirements.--In carrying out this
subsection, the Assistant Secretary shall--
(A) use a competitive process for the selection of
recipients of cash prizes; and
(B) conduct widely-advertised solicitation of
submissions of research results, technology
developments, and prototypes.
(3) Maximum amount for all cash prizes.--The total amount
of all cash prizes awarded for a fiscal year under this
subsection may not exceed $50,000,000.
(4) Maximum amount of individual cash prizes.--The amount
of an individual cash prize awarded under this subsection may
not exceed $10,000,000 unless the amount of the award is
approved by the Secretary of Energy.
(f) Annual Reports.--As soon as practicable after the end of each
fiscal year for which the Assistant Secretary receives funds under
subsection (h), the Assistant Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the Committee on
Energy and Commerce, and the Committee on Science, of the House of
Representatives a report on the progress, challenges, future
milestones, and strategic plan of the Assistant Secretary, including--
(1) a description of, and rationale for, any changes in the
strategic plan;
(2) the adequacy of human and financial resources necessary
to achieve the mission described in subsection (b); and
(3) in the case of cash prizes awarded under subsection
(e), a description of--
(A) the applications of the research, technology,
or prototypes for which prizes were awarded;
(B) the total amount of the prizes that were
awarded;
(C) the methods used for solicitation and
evaluation of submissions and an assessment of the
effectiveness of those methods; and
(D) recommendations to improve the prize program.
(g) Relationship to Other Authority.--The program under this Act
may be carried out in conjunction with, or in addition to, the exercise
of any other authority of the Assistant Secretary to acquire, support,
or stimulate basic, advanced, and applied research, technology
development, or prototype projects.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act--
(1) $1,000,000,000 for fiscal year 2007; and
(2) $2,000,000,000 for each of fiscal years 2008 through
2011. | Advanced Research Projects Energy Act (ARPA-E) Act - Instructs the Secretary of Energy to establish in the Department of Energy the position of Assistant Secretary for Advanced Energy Research, Technology Development, and Deployment to: (1) implement an innovative energy research, technology development, and deployment program; and (2) sponsor a diverse portfolio of cutting-edge, high-payoff research, development, and deployment projects to carry it out.
Authorizes the Assistant Secretary to award cash prizes in recognition of outstanding achievements in basic, advanced, and applied research, technology development, and prototype development. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Energy to establish the position of Assistant Secretary for Advanced Energy Research, Technology Development, and Deployment to implement an innovative energy research, technology development, and deployment program."} | 1,081 | 123 | 0.654485 | 1.898758 | 0.65667 | 6.434783 | 8.86087 | 0.956522 |
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2010, and for other purposes, namely:
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$356,900,000, to remain available until September 30, 2012, of which
$78,000,000 shall be for costs to maintain U.S. Customs and Border
Protection Officer staffing on the Southwest Border of the United
States, $58,000,000 shall be for hiring additional U.S. Customs and
Border Protection Officers for deployment at ports of entry on the
Southwest Border of the United States, $208,400,000 shall be for hiring
additional Border Patrol agents for deployment to the Southwest Border
of the United States, $2,500,000 shall be for forward operating bases
on the Southwest Border of the United States, and $10,000,000 shall be
to support integrity and background investigation programs: Provided,
That section 104 shall not apply to $151,000,000 of the amount under
this heading.
border security fencing, infrastructure, and technology
For an additional amount for ``Border Security Fencing,
Infrastructure, and Technology,'' $14,000,000, to remain available
until September 30, 2012, for costs of designing, building, and
deploying tactical communications for support of enforcement activities
on the Southwest Border of the United States.
air and marine interdiction, operations, maintenance, and procurement
For an additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', $32,000,000, to remain
available until September 30, 2012, for costs of acquisition and
deployment of unmanned aircraft systems.
construction and facilities management
For an additional amount for ``Construction and Facilities
Management'', $9,000,000, to remain available until September 30, 2012,
for costs to construct up to three forward operating bases for use by
the Border Patrol to carry out enforcement activities on the Southwest
Border of the United States.
U.S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $30,000,000
to remain available until September 30, 2012, for law enforcement
activities targeted at reducing the threat of violence along the
Southwest Border of the United States.
Federal Emergency Management Agency
state and local programs
For an additional amount for ``State and Local Programs'',
$50,000,000, to remain available until September 30, 2011, for
Operation Stonegarden.
Federal Law Enforcement Training Center
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $8,100,000,
to remain available until September 30, 2011, for costs to provide
basic training for new U.S. Customs and Border Protection Officers and
Border Patrol agents.
GENERAL PROVISIONS
(including rescissions)
Sec. 101. For an additional amount for the Department of Justice
for necessary expenses for increased law enforcement activities related
to Southwest border enforcement, $201,000,000, to remain available
until September 30, 2012: Provided, That funds shall be distributed to
the following accounts and in the following specified amounts--
(1) ``Administrative Review and Appeals'', $2,118,000;
(2) ``Detention Trustee'', $7,000,000;
(3) ``Legal Activities, Salaries and Expenses, General
Legal Activities'', $3,862,000;
(4) ``Legal Activities, Salaries and Expenses, United
States Attorneys'', $9,198,000;
(5) ``United States Marshals Service, Salaries and
Expenses'', $29,651,000;
(6) ``United States Marshals Service, Construction'',
$8,000,000;
(7) ``Interagency Law Enforcement, Interagency Crime and
Drug Enforcement'', $21,000,000;
(8) ``Federal Bureau of Investigation, Salaries and
Expenses'', $25,262,000;
(9) ``Drug Enforcement Administration, Salaries and
Expenses'', $35,805,000;
(10) ``Bureau of Alcohol, Tobacco, Firearms and Explosives,
Salaries and Expenses'', $39,104,000; and
(11) ``Federal Prison System, Salaries and Expenses'',
$20,000,000.
Sec. 102. (a) From unobligated balances made available to U.S.
Customs and Border Protection ``Border Security Fencing,
Infrastructure, and Technology'', $100,000,000 are rescinded: Provided,
That section 104 shall not apply to this subsection.
(b) From unobligated balances of prior year appropriations made
available for ``Transportation Security Administration--Aviation
Security'' in chapter 5 of title III of Public Law 110-28, $15,500,000
are rescinded.
(c) From unobligated balances of prior year appropriations made
available for ``Federal Emergency Management Agency--Administrative and
Regional Operations'' in chapter 4 of title II of Public Law 109-234,
$34,500,000 are rescinded.
(d) From unobligated balances of prior year appropriations made
available for ``Department of Commerce--Bureau of the Census--Periodic
Censuses and Programs'' in title I of Public Law 111-117; 123 Stat.
3115, $51,000,000 are rescinded: Provided, That section 104 shall not
apply to this subsection.
Sec. 103. Notwithstanding any other provision of law, from
available funds, the Department of Defense shall pay in fiscal years
2010 and 2011 the full costs associated with the deployment of the
National Guard along the Southwest Border of the United States.
Sec. 104. Each amount made available herein is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
This Act may be cited as the ``Emergency Border Security
Supplemental Appropriations Act, 2010''.
Passed the House of Representatives July 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Title I: Department of Homeland Security - Appropriates additional FY2010 amounts to remain available until September 30, 2011, to: (1) U.S. Customs and Border Protection for salaries and expenses related to staffing on the Southwest Border of the United States, construction of up to two Border Patrol forward operating bases along the Southwest Border, and border security fencing, infrastructure, and technology along the Southwest border; (2) U.S. Immigration and Customs Enforcement for salaries and expenses for law enforcement activities along the Southwest Border; and (3) Federal Law Enforcement Training Center training for new U.S. Customs and Border Protection officers and Border Patrol agents.
Appropriates additional FY2010 amounts to remain available until September 30, 2012, for acquisition and deployment of unmanned aircraft systems.
(Sec. 101) Rescinds from unobligated balances certain funds for U.S. Customs and Border Protection, border security fencing, infrastructure, and technology.
Title II: Department of Justice - Appropriates additional FY2010 amounts to remain available until September 30, 2011, for Department of Justice (DOJ) law enforcement activities related to the Southwest Border.
Title III: the Judiciary - Appropriates additional FY2010 amounts to remain available until September 30, 2011, for courts of appeals, district courts, and other judicial services.
States that funding shall be available for transfer between Judiciary accounts to meet increased workload requirements resulting from immigration and other law enforcement initiatives.
Title IV: General Provisions - (Sec. 401) Designates each amount made available under this Act as an emergency requirement and necessary to meet emergency needs.
(Sec. 402) Increases, for the period beginning on the date of the enactment of this Act and ending on September 30, 2014: (1) the L visa (intracompany transfer) nonimmigrant application filing fee and fraud prevention and detection fee by $2,250 for applicants that employ 50 or more employees in the United States if more than 50% of the applicant's employees are L visa or H-1b visa (nonagricultural specialty worker) nonimmigrants; and (2) the H-1b visa application filing fee and fraud prevention and detection fee by $2,000 for applicants that employ 50 or more employees in the United States if more than 50% of the applicant's employees are H-1b or L visa nonimmigrants.
Provides that during such period all amounts collected pursuant to such fee increases shall be deposited in the General Fund of the Treasury. | {"src": "billsum_train", "title": "Making emergency supplemental appropriations for border security for the fiscal year ending September 30, 2010, and for other purposes."} | 1,368 | 527 | 0.666478 | 2.440903 | 0.63428 | 2.954148 | 2.631004 | 0.727074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project-Based Voucher Improvement
Act of 2015''.
SEC. 2. UNITS OWNED BY PUBLIC HOUSING AGENCIES.
Paragraph (11) of section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(11)) is amended--
(1) by striking ``(11) Leasing of units owned by pha.--If''
and inserting the following:
``(11) Leasing of units owned by pha.--
``(A) Inspections and rent determinations.--If'';
and
(2) by adding at the end the following new subparagraph:
``(B) Units owned by pha.--For purposes of this
subsection, the term `owned by a public housing agency'
means, with respect to a dwelling unit, that the
dwelling unit is in a project that is owned by such
agency, by an entity wholly controlled by such agency,
or by a limited liability company or limited
partnership in which such agency (or an entity wholly
controlled by such agency) holds a controlling interest
in the managing member or general partner. A dwelling
unit shall not be deemed to be owned by a public
housing agency for purposes of this subsection because
the agency holds a fee interest as ground lessor in the
property on which the unit is situated, holds a
security interest under a mortgage or deed of trust on
the unit, or holds a non-controlling interest in an
entity which owns the unit or in the managing member or
general partner of an entity which owns the unit.''.
SEC. 3. PHA PROJECT-BASED ASSISTANCE.
(a) In General.--Paragraph (13) of section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) is amended--
(1) by striking ``structure'' each place such term appears
and inserting ``project'';
(2) by striking ``structures'' each place such term appears
and inserting ``projects'';
(3) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) Percentage limitation.--
``(i) In general.--Subject to clause (ii),
a public housing agency may use for project-
based assistance under this paragraph not more
than 20 percent of the authorized units for the
agency.
``(ii) Exception.--A public housing agency
may use up to an additional 10 percent of the
authorized units for the agency for project-
based assistance under this paragraph, to
provide units that house individuals and
families that meet the definition of homeless
under section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302), that
house families with veterans, that provide
supportive housing to persons with disabilities
or elderly persons, or that are located in
areas where vouchers under this subsection are
difficult to use, as specified in subparagraph
(D)(ii)(II). Any units of project-based
assistance that are attached to units
previously subject to federally required rent
restrictions or receiving another type of long-
term housing subsidy provided by the Secretary
shall not count toward the percentage
limitation under clause (i) of this
subparagraph. The Secretary may, by regulation,
establish additional categories for the
exception under this clause.'';
(4) by striking subparagraph (D) and inserting the
following new subparagraph:
``(D) Income-mixing requirement.--
``(i) In general.--Except as provided in
clause (ii), not more than the greater of 25
dwelling units or 25 percent of the dwelling
units in any project may be assisted under a
housing assistance payment contract for
project-based assistance pursuant to this
paragraph. For purposes of this subparagraph,
the term `project' means a single building,
multiple contiguous buildings, or multiple
buildings on contiguous parcels of land.
``(ii) Exceptions.--
``(I) Certain families.--The
limitation under clause (i) shall not
apply to dwelling units assisted under
a contract that are exclusively made
available to elderly families or to
households eligible for supportive
services that are made available to the
assisted residents of the project,
according to standards for such
services the Secretary may establish.
``(II) Certain areas.--With respect
to areas in which tenant-based vouchers
for assistance under this subsection
are difficult to use, as determined by
the Secretary, and with respect to
census tracts with a poverty rate of 20
percent or less, clause (i) shall be
applied by substituting `40 percent'
for `25 percent', and the Secretary
may, by regulation, establish
additional conditions.
``(III) Certain contracts.--The
limitation under clause (i) shall not
apply with respect to contracts or
renewal of contracts under which a
greater percentage of the dwelling
units in a project were assisted under
a housing assistance payment contract
for project-based assistance pursuant
to this paragraph on the date of the
enactment of the Project-Based Voucher
Improvement Act of 2015.
``(IV) Certain properties.--Any
units of project-based assistance under
this paragraph that are attached to
units previously subject to federally
required rent restrictions or receiving
other project-based assistance provided
by the Secretary shall not count toward
the percentage limitation imposed by
this subparagraph (D).
``(iii) Additional monitoring and oversight
requirements.--The Secretary may establish
additional requirements for monitoring and
oversight of projects in which more than 40
percent of the dwelling units are assisted
under a housing assistance payment contract for
project-based assistance pursuant to this
paragraph.'';
(5) by striking subparagraph (F) and inserting the
following new subparagraph:
``(F) Contract term.--
``(i) Term.--A housing assistance payment
contract pursuant to this paragraph between a
public housing agency and the owner of a
project may have a term of up to 20 years,
subject to--
``(I) the availability of
sufficient appropriated funds for the
purpose of renewing expiring contracts
for assistance payments, as provided in
appropriation Acts and in the agency's
annual contributions contract with the
Secretary, provided that in the event
of insufficient appropriated funds,
payments due under contracts under this
paragraph shall take priority if other
cost-saving measures that do not
require the termination of an existing
contract are available to the agency;
and
``(II) compliance with the
inspection requirements under paragraph
(8), except that the agency shall not
be required to make biennial
inspections of each assisted unit in
the development.
``(ii) Addition of eligible units.--Subject
to the limitations of subparagraphs (B) and
(D), the agency and the owner may add eligible
units within the same project to a housing
assistance payments contract at any time during
the term thereof without being subject to any
additional competitive selection procedures.
``(iii) Housing under construction or
recently constructed.--An agency may enter into
a housing assistance payments contract with an
owner for any unit that does not qualify as
existing housing and is under construction or
recently has been constructed whether or not
the agency has executed an agreement to enter
into a contract with the owner, provided that
the owner demonstrates compliance with
applicable requirements prior to execution of
the housing assistance payments contract. This
clause shall not subject a housing assistance
payments contract for existing housing under
this paragraph to such requirements or
otherwise limit the extent to which a unit may
be assisted as existing housing.
``(iv) Additional conditions.--The contract
may specify additional conditions, including
with respect to continuation, termination, or
expiration, and shall specify that upon
termination or expiration of the contract
without extension, each assisted family may
elect to use its assistance under this
subsection to remain in the same project if its
unit complies with the inspection requirements
under paragraph (8), the rent for the unit is
reasonable as required by paragraph (10)(A),
and the family pays its required share of the
rent and the amount, if any, by which the unit
rent (including the amount allowed for tenant-
based utilities) exceeds the applicable payment
standard.'';
(6) in subparagraph (G), by striking ``15 years'' and
inserting ``20 years'';
(7) by striking subparagraph (I) and inserting the
following new subparagraph:
``(I) Rent adjustments.--A housing assistance
payments contract pursuant to this paragraph entered
into after the date of the enactment of the Project-
Based Voucher Improvement Act of 2015 shall provide for
annual rent adjustments upon the request of the owner,
except that--
``(i) by agreement of the parties, a
contract may allow a public housing agency to
adjust the rent for covered units using an
operating cost adjustment factor established by
the Secretary pursuant to section 524(c) of the
Multifamily Assisted Housing Reform and
Affordability Act of 1997 (which shall not
result in a negative adjustment), in which case
the contract may require an additional
adjustment, if requested, up to the reasonable
rent periodically during the term of the
contract, and shall require such an adjustment,
if requested, upon extension pursuant to
subparagraph (G);
``(ii) the adjusted rent shall not exceed
the maximum rent permitted under subparagraph
(H);
``(iii) the contract may provide that the
maximum rent permitted for a dwelling unit
shall not be less than the initial rent for the
dwelling unit under the initial housing
assistance payments contract covering the
units; and
``(iv) the provisions of subsection
(c)(2)(C) shall not apply.'';
(8) in subparagraph (J)--
(A) in the first sentence--
(i) by striking ``shall'' and inserting
``may''; and
(ii) by inserting before the period the
following ``or may permit owners to select
applicants from site-based waiting lists as
specified in this subparagraph'';
(B) by striking the third sentence and inserting
the following: ``The agency or owner may establish
preferences or criteria for selection for a unit
assisted under this paragraph that are consistent with
the public housing agency plan for the agency approved
under section 5A and that give preference to families
who qualify for voluntary services, including
disability-specific services, offered in conjunction
with assisted units.''; and
(C) by striking the fifth and sixth sentences and
inserting the following: ``A public housing agency may
establish and utilize procedures for owner-maintained
site-based waiting lists, under which applicants may
apply at, or otherwise designate to the public housing
agency, the project or projects in which they seek to
reside, except that all eligible applicants on the
waiting list of an agency for assistance under this
subsection shall be permitted to place their names on
such separate list, subject to policies and procedures
established by the Secretary. All such procedures shall
comply with title VI of the Civil Rights Act of 1964,
the Fair Housing Act, section 504 of the Rehabilitation
Act of 1973, and other applicable civil rights laws.
The owner or manager of a project assisted under this
paragraph shall not admit any family to a dwelling unit
assisted under a contract pursuant to this paragraph
other than a family referred by the public housing
agency from its waiting list, or a family on a site-
based waiting list that complies with the requirements
of this subparagraph. A public housing agency shall
disclose to each applicant all other options in the
selection of a project in which to reside that are
provided by the public housing agency and are available
to the applicant.'';
(9) in subparagraph (M)(ii), by inserting before the period
at the end the following: ``relating to funding other than
housing assistance payments''; and
(10) by adding at the end the following new subparagraphs:
``(N) Structure owned by agency.--A public housing
agency engaged in an initiative to improve, develop, or
replace a public housing property or site may attach
assistance to an existing, newly constructed, or
rehabilitated structure in which the agency has an
ownership interest or which the agency has control of
without following a competitive process, provided that
the agency has notified the public of its intent
through its public housing agency plan and subject to
the limitations and requirements of this paragraph.
``(O) Special purpose vouchers.--A public housing
agency that administers vouchers authorized under
subsection (o)(19) or (x) of this section may provide
such assistance in accordance with the limitations and
requirements of this paragraph, without additional
requirements for approval by the Secretary.''.
(b) Effective Date.--The Secretary of Housing and Urban Development
shall issue notice or regulations to implement subsection (a) of this
section and such subsection shall take effect upon such issuance. | Project-Based Voucher Improvement Act of 2015 This bill amends the United States Housing Act of 1937 with respect to the requirement that the Department of Housing and Urban Development (HUD) require local governments or other HUD-approved entities to make inspections and rent determinations for leased dwelling units (other than public housing dwelling units) that are owned by a public housing agency (PHA) administering section 8 low-income (voucher) rental assistance. "Owned by a PHA," for these purposes, means the dwelling unit is in a project owned by: the PHA, an entity wholly controlled by the PHA, or a limited liability company or limited partnership in which the PHA (or an entity wholly controlled by it) holds a controlling interest in the managing member or general partner. A dwelling unit shall not be deemed to be owned by a PHA for these purposes, however, merely because the PHA holds: a fee interest as ground lessor in the property on which the unit is situated, a security interest under a mortgage or deed of trust on the unit, or a non-controlling interest in an entity which owns the unit or in the managing member or general partner of an entity which owns the unit. In an exception to the prohibition against attaching to a PHA project more than 20% of funding available for tenant-based assistance, a PHA may use up to an additional 10% to provide units that: house homeless individuals and families, house families with veterans, provide supportive housing to persons with disabilities or elderly persons, or are located in areas where vouchers are difficult to use. The bill revises the income-mixing requirement for such projects to add to the current assistance limitation of a maximum 25 dwelling units per project an alternative limitation of 25% of such dwelling units. Neither limitation shall apply to dwelling units exclusively made available to elderly families or to households eligible for certain supportive services. The term of a housing assistance payment contract may increase from 15 to 20 years. The bill also revises requirements for rent adjustments. | {"src": "billsum_train", "title": "Project-Based Voucher Improvement Act of 2015"} | 2,825 | 451 | 0.704699 | 2.296922 | 0.735354 | 3.676692 | 6.736842 | 0.879699 |
SECTION 1. CLASS III CERTIFICATION.
(a) In General.--Section 11(d) of the Indian Gaming Regulatory Act
(25 U.S.C. 2710(d)) is amended--
(1) in paragraph (1)(C), by inserting after ``paragraph
(3)'' the following: ``, or with a class III certificate issued
pursuant to paragraph (10),'';
(2) in paragraph (2)(C), by inserting after ``paragraph (3)
by the Indian tribe'' the following: ``or the class III
certificate issued pursuant to paragraph (10)'';
(3) in paragraph (3)(A), by striking ``the State shall
negotiate with the Indian tribe'' and inserting the following:
``the State may consent to enter into good faith negotiations
with the tribe to enter into such a compact,'';
(4) by amending paragraph (6) to read as follows:
``(6) The provisions of section 5 of the Act of January 2,
1951 (64 Stat. 1135; 15 U.S.C. 1175), shall not apply to any
gaming conducted--
``(A) under a Tribal-State compact entered into
under paragraph (3) by a State in which gaming devices
are legal; or
``(B) under a class III certificate issued pursuant
to paragraph (10), which applies to gaming on Indian
lands located in a State in which gaming devices are
legal; and
``(C) is in effect.'';
(5) in paragraph (7)(A)(i), by adding at the end the
following: ``, if such State, pursuant to paragraph (7)(B)(i)
or (9) consents in writing to the jurisdiction of the Federal
court,'';
(6) in paragraph (7)(A)(iii), by adding before the period
at the end thereof the following: ``or a Class III certificate
approved under paragraph (10)'';
(7) in paragraph (7)(B)(vii) by--
(A) striking out ``and'' at the end of subclause
(I);
(B) striking out the period at the end of subclause
(II) and inserting in lieu thereof ``, and''; and
(C) adding at the end the following:
``(III) which do not include
provisions which impose any obligation
on a State to regulate such gaming.'';
(8) by redesignating paragraph (9) as paragraph (11); and
(9) by inserting after paragraph (8) the following new
paragraphs:
``(9)(A) An Indian tribe may conduct Class III gaming
pursuant to a Class III certificate issued by the Commission
under paragraph (10).
``(B) A tribe may apply for a Class III certificate under
paragraph (10) only if--
``(i) a State fails to consent to the jurisdiction
of the Federal court pursuant to paragraph (7)(A)(i)
within 30 days of the effective date of this amendment
or within 180 days of the delivery to the State of a
request by a tribe for compact negotiations as provided
for by paragraph (3)(A), whichever is longer,
``(ii) in an action brought against a State by a
tribe, a State raises any defense to the jurisdiction
of the Federal court on any grounds which are not
curable by the tribal plaintiff, or
``(iii) the Federal court finds it lacks
jurisdiction for any reason not curable by the tribe.
``(10)(A) A tribe otherwise permitted, pursuant to
paragraph (9) to apply for a Class III certificate, may do so
by submitting to the Commission, an application for a Class III
certificate which meets the requirements of subparagraph (B).
``(B) The Commission shall approve any application for a
Class III certificate if--
``(i) the application provides that any gaming
authorized under the Class III certificate be conducted
in accordance with a tribal ordinance or resolution
pursuant to paragraph (8), and
``(ii) the gaming activities proposed in the
application are located in a State that permits such
gaming for any purpose, by any person, organization, or
entity.
``(C) The Commission may add regulatory or licensing
provisions as a condition of approval for a Class III
certificate if such amendments are reasonable and necessary to
implement the purposes of this Act, except that the certificate
may not include provisions which impose any obligation on a
State to regulate such gaming.
``(D) If the Commission does not approve a Class III
certificate properly submitted by a tribe under paragraph (9)
or does not provide conditions of approval under subparagraph
(C) before the date that is 45 days after the date on which the
Class III certificate was submitted to the Commission for
approval, the Class III certificate shall be considered to have
been approved by the Commission, but only to the extent the
Class III certificate is consistent with the provisions of this
Act.
``(E) The Commission may impose upon tribes with Class III
gaming certificates, an annual fee necessary to defray the
reasonable costs of regulation, but not more than one-half of
one percent of the net revenue derived from Class III gaming.
Nothing in this subsection shall grant the Commission any power
to impose any such fees on Class III gaming activities
conducted pursuant to Tribal-State compacts.''.
(b) Conforming Amendment.--Section 7(b) of the Indian Gaming
Regulatory Act (25 U.S.C. 2706(b)) is amended--
(1) in paragraph (9), by striking ``and'' at the end
thereof;
(2) in paragraph (10), by striking the period at the end
thereof and inserting in lieu thereof ``; and''; and
(3) by adding at the end thereof the following:
``(11) shall approve and modify class III certificates as
necessary to carry out the duties of the Commission under this
chapter.''.
(c) Conforming Amendment to Title 18.--Section 1166(c) of title 18,
United States Code, is amended--
(1) in paragraph (1), by striking out ``, or'' at the end
thereof and inserting in lieu thereof a semicolon;
(2) in paragraph (2), by striking out the period at the end
and inserting in lieu thereof ``; or''; and
(3) by adding at the end thereof the following:
``(3) gaming conducted in compliance with a class III
certificate issued under section 11(d)(10) of the Indian Gaming
Regulatory Act (25 U.S.C. 2710(d)(10).''.
SEC. 2. AFFECT ON TRIBAL-STATE COMPACTS.
Nothing in this Act, nor in any of the amendments made by this Act
shall, in any way, impair the validity of any Tribal-State compact
entered into pursuant to section 11(d) of the Indian Gaming Regulatory
Act (25 U.S.C. 2710(d)). | Amends the Indian Gaming Regulatory Act (the Act) to revise conditions under which a tribe may receive certification for certain types of gaming activities on Indian lands.
Allows a State the option to consent to enter into negotiations with a tribe to enter into a class III gaming certification compact. Repeals the current mandate to do so.
Allows a tribe to apply to the National Indian Gaming Commission (the Commission) for a class III gaming certificate if a State fails to consent to Federal court jurisdiction or raises a defense against such jurisdiction, or the Federal court finds it lacks such jurisdiction, for any reason not curable by the tribe.
Directs the Commission to approve the application if such gaming will be conducted in accordance with a tribal ordinance or resolution and will be located in a State that permits such gaming for any purpose, by any person, organization, or entity. Authorizes the Commission to add regulatory or licensing provisions as a condition of such approval and to impose annual fees to defray reasonable costs of regulation. Considers an application approved if the Commission fails to act upon it within a specified time. | {"src": "billsum_train", "title": "To amend the Indian Gaming Regulatory Act, and for other purposes."} | 1,515 | 246 | 0.473494 | 1.355948 | 0.731396 | 3.359813 | 6.761682 | 0.901869 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Home
Health Refinement 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. Findings.
TITLE I--EMERGENCY CASH-FLOW ASSISTANCE FOR HOME HEALTH AGENCIES
Sec. 101. Home Health Transitional Loan Program.
Sec. 102. Establishment of split-payment percentages under the PPS for
home health services.
Sec. 103. Prompt payment from medicare trust funds under the IPS and
the PPS for home health services.
TITLE II--REIMBURSEMENT OF HOME HEALTH AGENCIES FOR UNFUNDED PPS
RELATED COSTS
Sec. 201. Adjustment to reflect administrative costs not included in
the PPS for home health services.
TITLE III--REIMBURSEMENT OF HOME HEALTH AGENCIES FOR OASIS LABOR COSTS
Sec. 301. Reimbursement for OASIS labor costs under the IPS and PPS for
home health services.
TITLE IV--NONROUTINE MEDICAL SUPPLIES FURNISHED BY HOME HEALTH AGENCIES
Sec. 401. Exclusion of nonroutine medical supplies under the PPS for
home health services.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Home health care is a vital component of the medicare
program under title XVIII of the Social Security Act.
(2) Home health services provided under the medicare
program enable medicare beneficiaries who are homebound and
greatly risk costly institutionalized care to continue to live
in their own homes and communities.
(3) The Balanced Budget Act of 1997 reformed Medicare home
health care spending by instructing the Health Care Financing
Administration (in this section referred to as ``HCFA'') to
implement a prospective payment system.
(4) A number of HCFA's regulations to implement the
prospective payment system are administratively burdensome and
divert funds away from needed beneficiary care.
(5) The vast majority of home health agencies are small
businesses or nonprofit institutions that cannot operate with
significant cash flow problems.
(6) The prospective payment system should not penalize home
health agencies that treat medicare beneficiaries with higher-
than-average medical needs.
TITLE I--EMERGENCY CASH-FLOW ASSISTANCE FOR HOME HEALTH AGENCIES
SEC. 101. HOME HEALTH TRANSITIONAL LOAN PROGRAM.
(a) Establishment of Home Health Transitional Loan Program.--There
is established a Home Health Transitional Loan Program under which the
Secretary of Health and Human Services (in this section referred to as
the ``Secretary'') shall make loans from the Federal Hospital Insurance
Trust Fund to any qualified home health agency (as defined in
subsection (c)) in accordance with the terms and conditions described
in subsection (b) before the termination of the authority of the
Secretary to make such loans under subsection (d).
(b) Terms and Conditions.--
(1) In general.--Subject to paragraph (2), the Secretary
shall make loans on such terms and conditions as the Secretary
may specify.
(2) Specific terms and conditions.--The terms and
conditions of each loan shall include the following:
(A) Application.--The Secretary shall approve each
application for a loan under this section submitted by
a qualified home health agency not later than 10 days
after the Secretary receives such application.
(B) Amount.--The total amount of a loan made to a
qualified home health agency under this section may not
exceed the average total costs incurred by such a home
health agency during a 3-month period as reported on
such home health agency's most recently settled
medicare cost report.
(C) Interest rate.--The interest rate of the loans
made under this section shall be zero percent.
(D) Duration.--The home health agency shall repay
any loan made under this section not later than 12
months after the date on which such loan is made.
(c) Qualified Home Health Agency Defined.--The term ``qualified
home health agency'' means a home health agency (as defined in section
1861(o) of the Social Security Act (42 U.S.C. 1395x(o))) that the
Secretary determines does not have sufficient cash reserves to
transition from the interim payment system for home health services
under section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)) (in
this section referred to as the ``IPS'' to the prospective payment
system for such services under section 1895 of such Act (42 U.S.C.
1395fff) (in this section referred to as the ``PPS'') because of--
(1) the repayment by the home health agency of overpayments
made under the IPS;
(2) the discontinuation of the periodic interim payment for
home health agencies by section 4603(b) of the Balanced Budget
Act of 1997 (Public Law 105-133; 111 Stat. 470); or
(3) the payment amounts under the PPS being less than the
payment amounts under the IPS.
(d) Termination of Authority.--The Secretary may not make any loan
under this section after the date that is 6 months after the date of
enactment of this Act.
(e) Effective Date.--This section shall take effect on the later
of--
(1) the date of enactment of this Act; or
(2) the date on which the Secretary implements the
prospective payment system under section 1895 of the Social
Security Act (42 U.S.C. 1395fff).
SEC. 102. ESTABLISHMENT OF SPLIT-PAYMENT PERCENTAGES UNDER THE PPS FOR
HOME HEALTH SERVICES.
(a) Establishment.--Section 1895(b) of the Social Security Act (42
U.S.C. 1395fff) is amended by adding at the end the following new
paragraph:
``(7) Establishment of split-payment percentages.--In
making payments under this section, the Secretary shall pay to
the agency 80 percent of the prospective payment amount upon
the transmittal of the notice of patient admission and 20
percent of such amount upon transmittal of the final episode
claim.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 103. PROMPT PAYMENT FROM MEDICARE TRUST FUNDS UNDER THE IPS AND
THE PPS FOR HOME HEALTH SERVICES.
(a) Under the IPS.--Section 1861(v)(1)(L) of the Social Security
Act (42 U.S.C. 1395x(v)(1)(L)) is amended by adding at the end the
following new clause:
``(xi) To ensure that payment of claims of home health agencies are
not delayed because the Secretary must determine from which trust fund
to pay a claim under this subparagraph, the Secretary shall pay the
full amount of each claim for an episode of care from the Federal
Supplementary Medical Insurance Trust Fund, and, in the case that any
amount paid from such Trust Fund should have been paid from the Federal
Hospital Insurance Trust Fund, the Secretary shall transfer such amount
from the Federal Hospital Insurance Trust Fund to the Federal
Supplementary Medical Insurance Trust Fund.''.
(b) Under the PPS.--Section 1895(b) of the Social Security Act (42
U.S.C. 1395fff) (as amended by section 102) is amended by adding at the
end the following new paragraph:
``(8) Prompt payments from trust funds.--To ensure that
payment of claims of home health agencies are not delayed
because the Secretary must determine from which trust fund to
pay a claim under this section, the Secretary shall pay the
full amount of each claim for an episode of care from the
Federal Supplementary Medical Insurance Trust Fund, and, in the
case that any amount paid from such Trust Fund should have been
paid from the Federal Hospital Insurance Trust Fund, the
Secretary shall transfer such amount from the Federal Hospital
Insurance Trust Fund to the Federal Supplementary Medical
Insurance Trust Fund.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
TITLE II--REIMBURSEMENT OF HOME HEALTH AGENCIES FOR UNFUNDED PPS
RELATED COSTS
SEC. 201. ADJUSTMENT TO REFLECT ADMINISTRATIVE COSTS NOT INCLUDED IN
THE PPS FOR HOME HEALTH SERVICES.
(a) Adjustment To Reflect Administrative Costs.--In the case of a
home health agency that furnishes home health services to a medicare
beneficiary, for each such beneficiary to whom the agency furnished
such services during the agency's cost reporting period beginning in
fiscal year 2000, the Secretary of Health and Human Services shall pay
the agency, in addition to any amount of payment made under section
1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) for
the beneficiary and only for such cost reporting period, an aggregate
amount of $10 to defray costs incurred by the agency attributable to
technology costs required for compliance with the prospective payment
system for home health services under section 1895 of the Social
Security Act (42 U.S.C. 1395fff), including the acquisition of computer
hardware and software necessary for classification of patients, and
accounting, billing, and transmitting data in the manner required under
such payment system.
(b) Payment 30 Days After Settled Cost Report.--The Secretary shall
pay the amounts payable to an agency under this section no later than
30 days after the later of--
(1) the date of enactment of this Act; or
(2) the date on which the cost report submitted by the
agency for the cost reporting period beginning in fiscal year
2000 is settled.
(c) Payment From Medicare Trust Funds.--Payments under this section
shall be made, in appropriate part as specified by the Secretary, from
the Federal Hospital Insurance Trust Fund and from the Federal
Supplementary Medical Insurance Trust Fund.
(d) Definitions.--In this section:
(1) Home health agency.--The term ``home health agency''
has the meaning given that term under section 1861(o) of the
Social Security Act (42 U.S.C. 1395x(o)).
(2) Home health services.--The term ``home health
services'' has the meaning given that term under section
1861(m) of such Act (42 U.S.C. 1395x(m)).
(3) Medicare beneficiary.--The term ``medicare
beneficiary'' means a beneficiary described in section
1861(v)(1)(L)(vi)(II) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(vi)(II)).
TITLE III--REIMBURSEMENT OF HOME HEALTH AGENCIES FOR OASIS LABOR COSTS
SEC. 301. REIMBURSEMENT FOR OASIS LABOR COSTS UNDER THE IPS AND PPS FOR
HOME HEALTH SERVICES.
(a) Adjustment To Reflect Administrative Costs.--
(1) Under the interim payment system.--Section 301(a) of
the Medicare, Medicaid, and SCHIP Balanced Budget Refinement
Act of 1999 (42 U.S.C. 1395fff note) is amended--
(A) in paragraph (1)--
(i) by inserting ``and each subsequent
fiscal year before the implementation of the
prospective payment system under section 1895
of the Social Security Act (42 U.S.C.
1395fff)'' after ``beginning in fiscal year
2000''; and
(ii) by striking ``$10'' and inserting
``$30'';
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(ii) by inserting after the heading the
following:
``(A) For fiscal year 2000.--''; and
(iii) by adding at the end the following
new subparagraph:
``(B) For subsequent fiscal years.--For each cost
reporting period beginning after fiscal year 2000 and
before the implementation of the prospective payment
system under section 1895 of the Social Security Act
(42 U.S.C. 1395fff), the Secretary shall pay the
amounts payable to an agency under this subsection no
later than 30 days after the date on which the cost
report submitted by the agency for the cost reporting
period beginning in such fiscal year is settled.''.
(2) Under the prospective payment system.--Section 1895(b)
of the Social Security Act (42 U.S.C. 1395fff) (as amended by
section 103) is amended by adding at the end the following new
paragraph:
``(9) Adjustment to reflect oasis administrative costs.--In
the case of a home health agency that furnishes home health
services to a medicare beneficiary, for each such beneficiary
to whom the agency furnished such services during the agency's
cost reporting period for which payment is made to such agency
under this section, the Secretary shall include in such payment
an aggregate amount of $30 to defray costs incurred by the
agency attributable to data collection and reporting
requirements under the Outcome and Assessment Information Set
(OASIS) required by reason of section 4602(e) of BBA (42 U.S.C.
1395fff note).
(b) Waiving Budget Neutrality.--Section 1895(b)(3) of such Act (42
U.S.C. 1395fff(b)(3)) is amended by adding at the end the following new
subparagraph:
``(D) No adjustment for additional payments for
oasis administrative costs.--The Secretary shall not
reduce the standard prospective payment amount (or
amounts) under this paragraph applicable to home health
services furnished during a period to offset the
increase in payments resulting from the application of
paragraph (9).''.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-358),
as enacted into law by section 1000(a)(6) of Public Law (106-113).
TITLE IV--NONROUTINE MEDICAL SUPPLIES FURNISHED BY HOME HEALTH AGENCIES
SEC. 401. EXCLUSION OF NONROUTINE MEDICAL SUPPLIES UNDER THE PPS FOR
HOME HEALTH SERVICES.
(a) In General.--Section 1895 of the Social Security Act (42 U.S.C.
1395fff) is amended by adding at the end the following new subsection:
``(e) Exclusion of Nonroutine Medical Supplies.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, in the case of all nonroutine medical supplies
(as defined by the Secretary) furnished by a home health agency
during a year (beginning with 2001) for which payment is
otherwise made on the basis of the prospective payment amount
under this section, payment under this section shall instead be
based on the lesser of--
``(A) the actual charge for the nonroutine medical
supply, or
``(B) the amount determined under the fee schedule
established by the Secretary for purposes of making
payment under this subsection for nonroutine medical
supplies furnished during that year.
``(2) Budget neutrality adjustment.--The Secretary shall
provide for an appropriate proportional reduction in payments
under this section so that beginning with fiscal year 2001, the
aggregate amount of such reductions is equal to the aggregate
increase in payments attributable to the exclusion effected
under paragraph (1).''.
(b) Conforming Amendment.--Section 1895(b)(1) of the Social
Security Act (42 U.S.C. 1395fff(b)(1)) is amended by striking ``The
Secretary'' and inserting ``Subject to subsection (e), the Secretary''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act. | Title II: Reimbursement of Home Health Agencies for Unfunded PPS Related Costs
- Provides that in the case of a home health agency that furnishes home health services to a Medicare beneficiary, for each such beneficiary to whom the agency furnished such services during the agency's cost reporting period beginning in FY 2000, the Secretary shall pay the agency a specified amount from the Medicare trust funds to defray costs incurred by it attributable to technology costs required for compliance with the PPS for home health services.
Title III: Reimbursement of Home Health Agencies for OASIS Labor Costs
- Amends the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 to provide for reimbursement for Outcome and Assessment Information Set (OASIS) labor costs under the IPS and PPS for home health services.
Title IV: Nonroutine Medical Supplies Furnished by Home Health Agencies
- Amends SSA title XVIII to: (1) exclude nonroutine medical supplies from the PPS for home health services; and (2) require payment of the lesser of the actual charge for such supplies or the amount determined under a fee schedule. | {"src": "billsum_train", "title": "Medicare Home Health Refinement Act of 2000"} | 3,721 | 258 | 0.664396 | 2.1288 | 0.6743 | 5.289855 | 14.671498 | 0.961353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Guelff Body Armor Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) nationally, police officers and ordinary citizens are
facing increased danger as criminals use more deadly weaponry,
body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the
interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise
affecting interstate commerce, and existing Federal controls
over such traffic do not adequately enable the States to
control this traffic within their own borders through the
exercise of their police power;
(4) recent incidents, such as the murder of San Francisco
Police Officer James Guelff by an assailant wearing 2 layers of
body armor and a 1997 bank shoot out in north Hollywood,
California, between police and 2 heavily armed suspects
outfitted in body armor, demonstrate the serious threat to
community safety posed by criminals who wear body armor during
the commission of a violent crime;
(5) of the approximately 1,200 officers killed in the line
of duty since 1980, more than 30 percent could have been saved
by body armor, and the risk of dying from gunfire is 14 times
higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent
of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local
police departments access to body armor that is no longer
needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to enact legislation to regulate interstate commerce
that affects the integrity and safety of our communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Body armor.--The term ``body armor'' means any product
sold or offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(2) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of the United
States, a State, or a political subdivision of a State,
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.
(a) Sentencing Enhancement.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to provide an
appropriate sentencing enhancement, increasing the offense level not
less than 2 levels, for any offense in which the defendant used body
armor.
(b) Applicability.--No amendment made to the Federal Sentencing
Guidelines pursuant to this section shall apply if the Federal offense
in which the body armor is used constitutes a violation of, attempted
violation of, or conspiracy to violate the civil rights of any person
by a law enforcement officer acting under color of the authority of
such law enforcement officer.
SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY
VIOLENT FELONS.
(a) Definition of Body Armor.--Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
``(35) The term `body armor' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.''.
(b) Prohibition.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Prohibition on purchase, ownership, or possession of body
armor by violent felons
``(a) In General.--Except as provided in subsection (b), it shall
be unlawful for a person to purchase, own, or possess body armor, if
that person has been convicted of a felony that is--
``(1) a crime of violence (as defined in section 16); or
``(2) an offense under State law that would constitute a
crime of violence under paragraph (1) if it occurred within the
special maritime and territorial jurisdiction of the United
States.
``(b) Affirmative Defense.--
``(1) In general.--It shall be an affirmative defense under
this section that--
``(A) the defendant obtained prior written
certification from his or her employer that the
defendant's purchase, use, or possession of body armor
was necessary for the safe performance of lawful
business activity; and
``(B) the use and possession by the defendant were
limited to the course of such performance.
``(2) Employer.--In this subsection, the term `employer'
means any other individual employed by the defendant's business
that supervises defendant's activity. If that defendant has no
supervisor, prior written certification is acceptable from any
other employee of the business.''.
(2) Clerical amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following:
``931. Prohibition on purchase, ownership, or possession of body armor
by violent felons.''.
(c) Penalties.--Section 924(a) of title 18, United States Code, is
amended by adding at the end the following:
``(7) Whoever knowingly violates section 931 shall be fined under
this title, imprisoned not more than 3 years, or both.''.
SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW
ENFORCEMENT AGENCIES.
(a) Definitions.--In this section, the terms ``Federal agency'' and
``surplus property'' have the meanings given such terms under section 3
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(b) Donation of Body Armor.--Notwithstanding section 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484), the head of a Federal agency may donate body armor directly to
any State or local law enforcement agency, if such body armor is--
(1) in serviceable condition; and
(2) surplus property.
(c) Notice to Administrator.--The head of a Federal agency who
donates body armor under this section shall submit to the Administrator
of General Services a written notice identifying the amount of body
armor donated and each State or local law enforcement agency that
received the body armor.
(d) Donation by Certain Officers.--
(1) Department of justice.--In the administration of this
section with respect to the Department of Justice, in addition
to any other officer of the Department of Justice designated by
the Attorney General, the following officers may act as the
head of a Federal agency:
(A) The Administrator of the Drug Enforcement
Administration.
(B) The Director of the Federal Bureau of
Investigation.
(C) The Commissioner of the Immigration and
Naturalization Service.
(D) The Director of the United States Marshals
Service.
(2) Department of the treasury.--In the administration of
this section with respect to the Department of the Treasury, in
addition to any other officer of the Department of the Treasury
designated by the Secretary of the Treasury, the following
officers may act as the head of a Federal agency:
(A) The Director of the Bureau of Alcohol, Tobacco,
and Firearms.
(B) The Commissioner of Customs.
(C) The Director of the United States Secret
Service.
(e) No Liability.--Notwithstanding any other provision of law, the
United States shall not be liable for any harm occurring in connection
with the use or misuse of any body armor donated under this section.
Passed the Senate October 25 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary. | (Sec. 5) Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons.
Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity; and (2) the use and possession by the defendant were limited to the course of such performance. Defines "employer" to mean any other individual employed by the defendant's business that supervises the defendant's activity (but if that defendant has no supervisor, prior written certification is acceptable from any other employee of the business).
Sets penalties for violations of this prohibition.
(Sec. 6) Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.
Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this section. | {"src": "billsum_train", "title": "James Guelff Body Armor Act of 2000"} | 1,883 | 255 | 0.479215 | 1.505043 | 0.612513 | 5.857143 | 7.536797 | 0.922078 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Fisheries
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STANDARD OF OWNERSHIP
Sec. 101. Findings and purposes.
Sec. 102. Standard of ownership.
Sec. 103. Enforcement of standard.
TITLE II--ANTI-REFLAGGING ACT EXCEPTIONS
Sec. 201. Restrictions on build and rebuild savings clause.
Sec. 202. Repeal of ownership savings clause.
TITLE III--PHASE OUT OF CERTAIN VESSELS
Sec. 301. Restriction on fishery endorsements.
Sec. 302. Restriction on loan guarantees.
TITLE I--STANDARD OF OWNERSHIP
SEC. 101. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) non-United States citizens own and control many United
States flag fishing vessels and are harvesting significant
amounts of fishery resources in the navigable waters and
exclusive economic zone of the United States that could
otherwise be harvested by citizens of the United States;
(2) in the largest fishery in the exclusive economic zone
of the United States (the Bering Sea pollock fishery),
Norwegian and Japanese entities control a substantial majority
of the harvesting and processing through the ownership and
control of United States-flag fishing vessels, including
factory trawlers and large trawlers;
(3) these levels of ownership and control of United States
flag fishing vessels by non-United States citizens are
inconsistent with the intent and requirements of the Commercial
Fishing Industry Vessel Anti-Reflagging Act of 1987 (Public Law
100-239);
(4) the foreign rebuilding requirements of section 4(a)(4)
of such Act were misinterpreted in a manner that rewarded the
very speculation Congress sought to prevent with the passage of
that Act, resulting in a far greater number of foreign-rebuilt
vessels entering the fisheries off Alaska than Congress
intended to allow;
(5) under customary international law, including the United
Nations Convention on the Law of the Sea, a coastal state has
sovereign rights for the purpose of exploiting, conserving, and
managing the living marine resources in its navigable waters
and exclusive economic zone, including the sovereign right for
its citizens to harvest and process the entire allowable catch
within its exclusive economic zone if they have sufficient
capacity;
(6) the United States must have a meaningful and
enforceable standard of ownership and control for United States
flag vessels employed in the fisheries of the United States in
order to ensure that citizens of the United States are given
first priority in the harvesting and processing of the
allowable catch in the exclusive economic zone of the United
States;
(7) consistent with customary international law, the
Magnuson-Stevens Fishery Conservation and Management Act allows
fishing vessels of other nations to harvest or process the
portion of the allowable catch within the exclusive economic
zone of the United States that United States flag fishing
vessels do not have the capacity to harvest or process; and
(8) fishing vessels greater than 165 feet in registered
length, of more than 750 gross registered tons, or that have
engines capable of producing a total of more than 3,000 shaft
horsepower, including factory trawlers and other trawlers that
exceed these measurements--
(A) are less likely than smaller, less powerful
vessels with smaller gear to avoid bycatch and minimize
the mortality of bycatch that cannot be avoided;
(B) have been a cause of overfishing in fisheries
both within the navigable waters and exclusive economic
zone of the United States and elsewhere throughout the
world; and
(C) are more likely to be owned by investors and
under pressure to produce profits at the expense of the
long-term health of fishery resources.
(b) Purposes.--The purposes of this Act are to--
(1) establish a meaningful and enforceable standard of
United States citizen ownership and control for United States
flag vessels employed in the fisheries in the navigable water
and exclusive economic zone of the United States;
(2) revoke existing fishery endorsements within a
reasonable period of time and prohibit the issuance of new
fishery endorsements for United States flag vessels that do not
meet this standard;
(3) begin to phase out the use of fishing vessels greater
than 165 feet in registered length, of more than 750 gross
registered tons, or that have engines capable of producing a
total of more than 3,000 shaft horsepower in the navigable
waters and exclusive economic zone of the United States by
prohibiting the issuance of new fishery endorsements to vessels
which exceed these limits;
(4) place a capacity reduction burden on the fishing
vessels that came through the loophole created by the
misinterpretation of section 4(a)(4) of the Commercial Fishing
Vessel Anti-Reflagging Act; and
(5) prohibit Federal loan guarantees for the construction
of new fishing vessels greater than 165 feet in registered
length, of more than 750 gross registered tons, or that have
engines capable of producing a total of more than 3,000 shaft
horsepower, or for the rebuilding or improvement of existing
vessels which would result in a fishing vessel which exceeds
these limits.
SEC. 102. STANDARD OF OWNERSHIP.
(a) Clarification of Documentation Standard.--Section 12102(a) of
title 46, United States Code, is amended in paragraph (4) by striking
``president or other chief executive officer'' and inserting in lieu
thereof ``chief executive officer, by whatever title,''.
(b) Standard for Fishery Endorsements.--Section 12102(c) of title
46, United States Code, is amended to read as follows--
``(c)(1) A vessel owned by a corporation, partnership, association,
trust, joint venture, or other entity is not eligible for a fishery
endorsement under section 12108 of this title unless at least 75 per
centum of the controlling interest in such entity, in the aggregate, is
owned by citizens of the United States.
``(2) The Secretary shall apply section 2(c) of the Shipping Act,
1916 (46 App. U.S.C. 802(c)) in determining under this subsection
whether at least 75 per centum of the controlling interest in an entity
is owned by citizens of the United States.''.
(c) Effective Date for Vessels Which Meet Current Standard.--A
vessel owned by an entity which satisfies the controlling interest
requirements of section 12102(c) of title 46, United States Code, as
that section was in effect prior to the amendments made by this Act,
and for which a fishery endorsement was in effect on September 25,
1997, shall not be required to comply with paragraphs (1) and (2) of
section 12102(c) of title 46, United States Code, as amended by this
Act, until the date that is eighteen months from the date of the
enactment of this Act, provided such entity does not, prior to such
compliance date, fail to satisfy the controlling interest requirements
of section 12102(c) of title 46, United States Code, as that section
was in effect prior to the amendments made by this Act.
SEC. 103. ENFORCEMENT OF STANDARD.
(a) Maritime Administration.--(1) To demonstrate compliance with
section 12102(c) of title 46, United States Code, as amended by this
Act, with respect to vessels of more than 100 gross registered tons, an
affidavit of United States citizenship setting forth all relevant facts
regarding vessel ownership and control by citizens of the United States
shall be filed with the Administrator of the Maritime Administration on
an annual basis. Regulations to implement this paragraph shall conform
to the extent practicable with the regulations establishing the form of
citizenship affidavit set forth in part 355 of title 46, Code of
Federal Regulations, as in effect on September 25, 1997.
(2) Transfers of ownership and control shall be rigorously
scrutinized by the Administrator, with particular attention given to
leases, charters, mortgages, financing, or other arrangements involving
other than the purchase over extended periods of time of all, or
substantially all, of the living marine resources harvested by a
fishing vessel. Regulations to implement this paragraph shall prohibit
impermissible transfers of ownership or control.
(3) The Administrator, on a regular basis, shall provide the
Commandant of the United States Coast Guard with a list of, and
relevant information about, all vessels that the Administrator
determines meet the requirements of section 12102(c) of title 46,
United States Code, as amended by this Act.
(b) Coast Guard.--The Secretary of Transportation shall establish
such requirements as are reasonable and necessary to demonstrate
compliance with section 12102(c) of title 46, United States Code, as
amended by this Act, with respect to vessels of less than or equal to
100 gross registered tons.
(c) Endorsements Revoked.--The Secretary of Transportation shall
revoke the fishery endorsement of--
(1) any vessel of less than or equal to 100 gross
registered tons that does not demonstrate compliance under
subsection (b) with section 12102(c) of title 46, United States
Code; and
(2) any vessel of more than 100 gross registered tons that
is not identified on the list provided by the Administrator
under subsection (a)(4) as meeting the requirements of section
12102(c) of title 46, United States Code.
(d) Regulations.--Regulations to implement this section shall be
promulgated within 6 months of the date of the enactment of this Act.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this Act.
(f) Penalty.--Section 12122 of title 46, United States Code, is
amended by inserting at the end the following new subsection:
``(c) In addition to penalties under subsections (a) and (b), the
owner of a documented vessel for which a fishery endorsement has been
issued is liable to the United States Government for a civil penalty of
up to $100,000 for each day in which such vessel has engaged in fishing
(as such term is defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)) within the navigable
waters or exclusive economic zone of the United States, if the owner or
the representative or agent of the owner knowingly falsified or
concealed a material fact, or knowingly make a false statement or
representation with respect to the eligibility of the vessel under
section 12102(c) in applying for such fishery endorsement.''.
(g) Review of Transfers.--Section 9(c)(1) of the Shipping Act, 1916
(46 U.S.C. 808(c)(1)) is amended by striking ``in a vessel that has
been operated only as a fishing vessel, fish processing vessel, or fish
tender vessel (as defined in section 2101 of title 46, United States
Code) or''.
TITLE II--ANTI-REFLAGGING ACT EXCEPTIONS
SEC. 201. RESTRICTIONS ON BUILD AND REBUILD SAVINGS CLAUSE.
(a) Repeal.--Notwithstanding section 4 of the Commercial Fishing
Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-239; 46
U.S.C. 12108 note), a certificate of documentation may not be endorsed
with a fishery endorsement for a vessel which does not meet the
requirements of paragraphs (2) and (3) of section 12108(a) of title 46,
United States Code, unless the certificate of documentation for such
vessel was endorsed with a fishery endorsement that was effective on
September 25, 1997 and the vessel otherwise qualifies for a fishery
endorsement, including under sections 12102(c) and 12108(e) of title
46, United States Code, as amended by this Act.
(b) Restriction.--Notwithstanding subsection (a) or any other
provision of law, any fishing vessel (as defined in section 2101 of
title 46, United States Code) which--
(1) had a fishery endorsement in effect on September 25,
1997;
(2) is greater than 165 feet in registered length, of more
than 750 gross registered tons, or has an engine or engines
capable of producing a total of more than 3,000 shaft
horsepower; and
(3) was built in the United States and was--
(A) purchased or contracted for purchase prior to
July 29, 1987 for use in the fisheries of the United
States;
(B) rebuilt in a foreign shipyard under a contract
entered into prior to June 12, 1988;
(C) delivered after such rebuilding and issued a
fishery endorsement prior to July 29, 1990; and
(d) not owned or controlled by the same entity
during the occurrence of each of the events described
in subparagraphs (A) through (C);
shall be ineligible for a fishery endorsement under section 12108 of
title 46, United States Code, if the controlling interest in the entity
that owns the fishing vessel on September 25, 1997 is materially
changed after such date, unless a fishery endorsement for another
fishing vessel of the same or greater registered length, gross
registered tons, and shaft horsepower, which actively harvested fishery
resources in the fisheries under the authority of the same Regional
Fishery Management Council during the year prior to such material
change, is permanently surrendered.
SEC. 202. REPEAL OF OWNERSHIP SAVINGS CLAUSE.
(a) Repeal.--Section 7(b) of the Commercial Fishing Industry Anti-
Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note) is
hereby repealed.
(b) Effective Date.--Subsection (a) shall take effect eighteen
months after the date of the enactment of this Act.
TITLE III--PHASE OUT OF CERTAIN FISHING VESSELS
SEC. 301. RESTRICTION ON FISHERY ENDORSEMENTS.
(a) General Prohibition.--Section 12108 of title 46, United States
Code, is amended by adding at the end the following new subsection:
``(e) A certificate of documentation may not be endorsed with a
fishery endorsement for a fishing vessel that is greater than 165 feet
in registered length, of more than 750 gross registered tons, or that
has an engine or engines capable of producing a total of more than
3,000 shaft horsepower unless--
``(1) the certificate of documentation for such vessel was
endorsed with a fishery endorsement that was effective on
September 25, 1997 and has not been surrendered at any time
thereafter; and
``(2) the registered length, gross registered tons, and
shaft horsepower do not exceed the length, tonnage, and
horsepower of such vessel on such date.''.
(b) New England Fisheries.--(1) Notwithstanding any other provision
of law, the Secretary of Commerce may not authorize or permit fishing
vessels (as defined in section 2101 of title 46, United States Code)
greater than 165 feet in registered length, of more than 750 gross
registered tons, or that have an engine or engines capable of producing
a total of more than 3,000 shaft horsepower to engage in directed
fishing for Atlantic mackerel or Atlantic herring unless the
participation of such vessels is specifically allowed in fishery
management plans developed and implemented for those fisheries under
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(2) Within 5 days after the date of the enactment of this Act, the
Secretary of Commerce shall revoke any permit issued before that date
to any vessel described in subsection (a) which would permit such
vessel to engage in directed fishing for Atlantic mackerel or Atlantic
herring.
(c) Replacement of Lost Vessels.--Notwithstanding section 12108(e)
of title 46, United States Code, as added by this Act, the owner of an
existing vessel greater than 165 feet in registered length, of more
than 750 gross registered tons, or that has an engine or engines
capable of producing a total of more than 3,000 shaft horsepower, and
that had a valid fishery endorsement on September 25, 1997, may obtain
a fishery endorsement for a replacement vessel in the event of the
actual total loss or constructive total loss after September 25, 1997,
of such existing vessel, provided that: (1) such loss was caused by an
act of God, an act of war, a collision, an act or omission of a party
other than the owner or agent of the vessel, or any other event not
caused by the willful misconduct of the owner or agent; (2) the
existing vessel actively harvested fishery resources in the exclusive
economic zone of the United States during the year prior to such loss;
(3) the replacement vessel is of the same or lesser registered length,
gross registered tons, and shaft horsepower that the existing vessel;
(4) the fishery endorsement for the new vessel is issued within 18
months of the loss of the existing vessel; and (5) the replacement
vessel otherwise qualifies under laws of the United States for a
fishery endorsement.
(d) Fishing Vessels Operating Beyond the Exclusive Economic Zone.--
Section 12108(e) of title 46, United States Code, as amended by this
Act, shall not apply to a fishing vessel engaged in fishing exclusively
for highly migratory species (as that term is defined in section 3 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802)) primarily outside of the navigable waters and exclusive economic
zone of the United States.
SEC. 302. RESTRICTION ON LOAN GUARANTEES.
Section 302(b) of the Fisheries Financing Act (46 U.S.C. 1274 note)
is amended--
(1) by inserting ``(1)'' before ``Until October 1, 2001'';
and
(2) by inserting at the end the following new paragraph:
``(2) No loans may be guaranteed by the Federal Government
for the construction or rebuilding of a vessel intended for use
as a fishing vessel (as defined in section 2101 of title 46,
United States Code), if such vessel will be greater than 165
feet in registered length, of more than 750 gross registered
tons, or have an engine or engines capable of producing a total
of more than 3,000 shaft horsepower, after such construction or
rebuilding is completed.''. | TABLE OF CONTENTS:
Title I: Standard of Ownership
Title II: Anti-Reflagging Act Exceptions
Title III: Phase Out of Certain Vessels
American Fisheries Act -
Title I: Standard of Ownership
- Amends Federal law relating to vessel documentation to require that, in order to be eligible for a fishery endorsement, 75 percent of the controlling interest in the vessel's owning entity be owned by U.S. citizens.
(Sec. 103) Requires, for vessels over a specified tonnage, annual filing of an affidavit of U.S. citizenship to demonstrate compliance with the controlling interest requirement. Requires the Administrator of the Maritime Administration to rigorously scrutinize transfers of ownership and control. Mandates revocation of the fishery endorsement of vessels that fail to demonstrate compliance with the controlling interest requirement. Authorizes appropriations. Imposes civil monetary penalties for knowingly falsifying or concealing a material fact or knowingly making a false statement or representation regarding the controlling interest requirement. Prohibits, without the consent of the Secretary of Transportation, the transfer in any manner to a non-U.S. citizen of any interest in or control of a documented fishing, fish processing, or fish tender vessel.
Title II: Anti-Reflagging Act Exceptions
- Sets forth the circumstances in which a vessel, notwithstanding specified provisions of the Commercial Fishing Industry Vessel Anti-Reflagging Act of 1987, may not receive a fishery endorsement. Repeals provisions of that Act relating to the application of provisions prohibiting documentation of vessels before measuring.
Title III: Phase Out of Certain Fishing Vessels
- Prohibits a fishery endorsement for a fishing vessel over a specified length, tonnage, or horsepower unless the vessel had a fishery endorsement before a specified date and has not surrendered it thereafter and its registered length, tonnage, and horsepower have not increased since then. Exempts: (1) replacement vessels if certain requirements are met; and (2) vessels engaged in fishing exclusively for highly migratory species primarily outside the navigable waters and exclusive economic zone of the United States.
Prohibits authorizing or permitting vessels over a specified length, tonnage, or horsepower from engaging in directed fishing for Atlantic mackerel or Atlantic herring unless their participation is specifically allowed in fishery management plans implemented for those fisheries. Mandates revocation of any nonconforming permit.
(Sec. 302) Amends the Fisheries Financing Act to prohibit Federal loan guarantees for the construction or rebuilding of a vessel intended for use as a fishing vessel if the vessel will be over a specified length, tonnage, or horsepower after the construction or rebuilding is completed. | {"src": "billsum_train", "title": "American Fisheries Act"} | 4,110 | 624 | 0.638785 | 2.127527 | 0.618012 | 2.565657 | 7.434343 | 0.844444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asthmatic Schoolchildren's Treatment
and Health Management Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Asthma is a chronic condition requiring lifetime,
ongoing medical intervention.
(2) In 1980, 6,700,000 Americans had asthma.
(3) In 2001, 20,300,000 Americans had asthma and 6,300,000
children under age 18 had asthma.
(4) The prevalence of asthma among African-American
children was 40 percent greater than among Caucasian children,
and more than 26 percent of all asthma deaths are in the
African-American population.
(5) In 2000, there were 1,800,000 asthma-related visits to
emergency departments (more than 728,000 of these involved
children under 18 years of age).
(6) In 2000, there were 465,000 asthma-related
hospitalizations (214,000 of these involved children under 18
years of age).
(7) In 2000, 4,487 people died from asthma, and of these
223 were children.
(8) According to the Centers for Disease Control and
Prevention, asthma is a common cause of missed school days,
accounting for approximately 14,000,000 missed school days
annually.
(9) According to the New England Journal of Medicine,
working parents of children with asthma lose an estimated
$1,000,000,000 a year in productivity.
(10) At least 30 States have legislation protecting the
rights of children to carry and self-administer asthma metered-
dose inhalers, and at least 18 States expand this protection to
epinephrine auto-injectors.
(11) Tragic refusals of schools to permit students to carry
their inhalers and auto-injectable epinephrine have occurred,
some resulting in death and spawning litigation.
(12) School district medication policies must be developed
with the safety of all students in mind. The immediate and
correct use of asthma inhalers and auto-injectable epinephrine
are necessary to avoid serious respiratory complications and
improve health care outcomes.
(13) No school should interfere with the patient-physician
relationship.
(14) Anaphylaxis, or anaphylactic shock, is a systemic
allergic reaction that can kill within minutes. Anaphylaxis
occurs in some asthma patients. According to the American
Academy of Allergy, Asthma, and Immunology, people who have
experienced symptoms of anaphylaxis previously are at risk for
subsequent reactions and should carry an epinephrine auto-
injector with them at all times, if prescribed.
(15) An increasing number of students and school staff have
life-threatening allergies. Exposure to the affecting allergen
can trigger anaphylaxis. Anaphylaxis requires prompt medical
intervention with an injection of epinephrine.
SEC. 3. PREFERENCE FOR STATES THAT ALLOW STUDENTS TO SELF-ADMINISTER
MEDICATION TO TREAT ASTHMA AND ANAPHYLAXIS.
(a) Amendments.--Section 399L of the Public Health Service Act (42
U.S.C. 280g) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Preference for States That Allow Students to Self-Administer
Medication to Treat Asthma and Anaphylaxis.--
``(1) Preference.--The Secretary, in awarding any grant
under this section or any other grant that is asthma-related
(as determined by the Secretary) to a State, shall give
preference to any State that satisfies the following:
``(A) In general.--The State must require that each
public elementary school and secondary school in that
State will grant to any student in the school an
authorization for the self-administration of medication
to treat that student's asthma or anaphylaxis, if--
``(i) a health care practitioner prescribed
the medication for use by the student during
school hours and instructed the student in the
correct and responsible use of the medication;
``(ii) the student has demonstrated to the
health care practitioner (or such
practitioner's designee) and the school nurse
(if available) the skill level necessary to use
the medication and any device that is necessary
to administer such medication as prescribed;
``(iii) the health care practitioner
formulates a written treatment plan for
managing asthma or anaphylaxis episodes of the
student and for medication use by the student
during school hours; and
``(iv) the student's parent or guardian has
completed and submitted to the school any
written documentation required by the school,
including the treatment plan formulated under
clause (iii) and other documents related to
liability.
``(B) Scope.--An authorization granted under
subparagraph (A) must allow the student involved to
possess and use his or her medication--
``(i) while in school;
``(ii) while at a school-sponsored
activity, such as a sporting event; and
``(iii) in transit to or from school or
school-sponsored activities.
``(C) Duration of authorization.--An authorization
granted under subparagraph (A)--
``(i) must be effective only for the same
school and school year for which it is granted;
and
``(ii) must be renewed by the parent or
guardian each subsequent school year in
accordance with this subsection.
``(D) Backup medication.--The State must require
that backup medication, if provided by a student's
parent or guardian, be kept at a student's school in a
location to which the student has immediate access in
the event of an asthma or anaphylaxis emergency.
``(E) Maintenance of information.--The State must
require that information described in clauses (iii) and
(iv) of subparagraph (A) be kept on file at the
student's school in a location easily accessible in the
event of an asthma or anaphylaxis emergency.
``(2) Rule of construction.--Nothing in this subsection
creates a cause of action or in any other way increases or
diminishes the liability of any person under any other law.
``(3) Definitions.--For purposes of this subsection:
``(A) Elementary school and secondary school.--The
terms `elementary school' and `secondary school' have
the meanings given to those terms in section 9101 of
the Elementary and Secondary Education Act of 1965.
``(B) Health care practitioner.--The term `health
care practitioner' means a person authorized under law
to prescribe drugs subject to section 503(b) of the
Federal Food, Drug, and Cosmetic Act.
``(C) Medication.--The term `medication' means a
drug as that term is defined in section 201 of the
Federal Food, Drug, and Cosmetic Act and includes
inhaled bronchodilators and auto-injectable
epinephrine.
``(D) Self-administration.--The term `self-
administration' means a student's discretionary use of
his or her prescribed asthma or anaphylaxis medication,
pursuant to a prescription or written direction from a
health care practitioner.''.
(b) Applicability.--The amendments made by this section shall apply
only with respect to grants made on or after the date that is 9 months
after the date of the enactment of this Act.
SEC. 4. SENSE OF CONGRESS COMMENDING CDC FOR ITS STRATEGIES FOR
ADDRESSING ASTHMA WITHIN A COORDINATED SCHOOL HEALTH
PROGRAM.
It is the sense of Congress--
(1) to commend the Centers for Disease Control and
Prevention for identifying and creating ``Strategies for
Addressing Asthma Within a Coordinated School Program'' for
schools to address asthma; and
(2) to encourage all schools to review these strategies and
adopt policies that will best meet the needs of their student
population. | Asthmatic Schoolchildren's Treatment and Health Management Act of 2004 - (Sec. 3) Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services, in making certain PHSA grants or any other asthma-related grant to a State, to give preference to States that require public elementary and secondary schools to allow students to self-administer medication to treat that student's asthma or anaphylaxis under specified conditions.
Provides that this Act does not create a cause of action or in any other way increase or diminish the liability of any person under any other law.
(Sec. 4) Expresses the sense of Congress: (1) commending the Centers for Disease Control and Prevention for identifying and creating strategies for addressing asthma within a coordinated school program; and (2) encouraging all schools to review these strategies and adopt policies that will best meet the needs of their student population. | {"src": "billsum_train", "title": "A bill to give a preference regarding States that require schools to allow students to self-administer medication to treat that student's asthma or anaphylaxis, and for other purposes."} | 1,810 | 203 | 0.48535 | 1.511293 | 0.692261 | 4.44 | 8.902857 | 0.897143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Injury Control and Violence
Prevention Act of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) violence or the threat of violence has adverse effects
on the health and safety of Americans of all ages, races,
ethnicities and economic conditions;
(2) the majority of homicides and violent assaults are
committed by people who have relationships with their victims
and are not committed by strangers;
(3) violence is being committed in private as well as
public, in homes, schools, and neighborhoods;
(4) interventions by law enforcement and criminal justice
systems have limited ability to prevent violence;
(5) family and interpersonal violence represent serious
threats to the health and well-being of millions of women in
the United States;
(6) violence against women has serious health consequences
for its victims, including fatality, severe trauma, repeated
physical injuries, and chronic stress-related disorder;
(7) violence against women has serious mental health
consequences for its victims, including substance abuse, severe
psychological trauma, and suicide;
(8) fewer than 5 percent of injured women are correctly
diagnosed by medical personnel as being victims of domestic
violence;
(9) hospitals and clinics do not have a uniform set of
protocols for the identification and referral of victims of
family and interpersonal violence, or for the training of
health care professionals to perform such functions;
(10) a national surveillance system for monitoring the
health effects of injury should be established to determine the
nature and extent of family and interpersonal violence in the
United States; and
(11) the Surgeon General has identified domestic violence
as a public health problem to which all health care providers
must actively and vigorously respond.
SEC. 3. FAMILY AND INTERPERSONAL VIOLENCE PREVENTION.
Section 393 of the Public Health Service Act (42 U.S.C. 280b-2) is
amended to read as follows:
``SEC. 393. PREVENTION OF FAMILY AND INTERPERSONAL VIOLENCE.
``(a) Research and Technical Assistance.--The Secretary, acting
through the Director of the Centers for Disease Control and Prevention,
may conduct research and provide technical assistance to appropriate
public and nonprofit private entities and to academic institutions to
assist such entities in performing research in, and conducting training
and public health programs for, the prevention of injuries and deaths
associated with family and interpersonal violence.
``(b) Grants.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, may award grants to States,
political subdivisions of States, and any other public and nonprofit
private entity for--
``(1) the conduct of research into identifying effective
strategies to prevent interpersonal violence within the family
and among acquaintances;
``(2) the development, implementation, and evaluation of
demonstration projects for the prevention of interpersonal
violence within families and among acquaintances;
``(3) the implementation of public information and
education programs for prevention of family and interpersonal
violence and to broaden public awareness of the public health
consequences of family and interpersonal violence; and
``(4) the provision of education, training and clinical
skills improvement programs for health care professionals to--
``(A) appropriately interview and identify
individuals whose medical condition or statements
indicate that the individuals are victims of domestic
violence or sexual assault; and
``(B) refer the individuals to entities that
provide services regarding such violence and assault,
including referrals for counseling, housing, legal
services, and services of community organizations.
``(c) Injury Surveillance Program.--The Secretary, acting through
the Director of the Centers for Disease Control and Prevention, shall
support the establishment of national systematic surveillance of
injuries, including those caused by family and interpersonal violence.
``(d) Definition.--As used in this section, the term `interpersonal
violence within families and acquaintances' means any intentional
violence, controlling, or coercive behavior or pattern of behavior by
an individual who is currently or who was previously, in an intimate or
acquaintance relationship with the victim. Such behavior may occur at
any stage of the lifecycle and may encompass single acts or a syndrome
of actual or threatened physical injury, sexual assault, rape,
psychological abuse, or neglect. Such term includes behavior which
currently may be described as ``child neglect'', ``child abuse'',
``spousal abuse'', ``domestic violence'', ``woman battering'',
``partner abuse'', ``elder abuse'', and ``date rape''.
``(e) Application.--To be eligible to receive assistance under
subsection (a) or (b), an entity shall prepare and submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.''.
SEC. 4. ADVISORY COMMITTEE; REPORTS.
Part J of title III of the Public Health Service Act (as amended by
Public Law 103-43) is amended by inserting after section 393 (42 U.S.C.
280b-2) the following new section:
``SEC. 393A. GENERAL PROVISIONS.
``(a) Advisory Committee.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall
establish an advisory committee to advise the Secretary and such
Director with respect to the prevention and control of injuries.
``(b) Report.--Not later than February 1 of 1994 and of every
second year thereafter, the Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall submit to the
Committee on Energy and Commerce of the House of Representatives, and
to the Committee on Labor and Human Resources of the Senate, a report
describing the activities carried out under this part during the
preceding 2 fiscal years. Such report shall include a description of
such activities that were carried out with respect to domestic violence
and sexual assault and with respect to rural areas.''.
SEC. 5. TECHNICAL CORRECTIONS.
(a) Terminology.--Part J of title III of the Public Health Service
Act (42 U.S.C. 280b et seq.) (as amended by Public Law 103-43) is
amended--
(1) in the heading for such part, by striking ``Injury
Control'' and inserting ``Prevention and Control of Injuries'';
and
(2) in section 392--
(A) in the heading for such section, by inserting
``prevention and'' before ``control activities'';
(B) in subsection (a)(1), by inserting ``and
control'' after ``prevention''; and
(C) in subsection (b)(1), by striking ``injuries
and injury control'' and inserting ``the prevention and
control of injuries''.
(b) Provisions Relating to Public Law 102-531.--Part K of title III
of the Public Health Service Act (42 U.S.C. 280b et seq.), as amended
by section 301 of Public Law 102-531 (106 Stat. 3482), is amended--
(1) in section 392(b)(2), by striking ``to promote injury
control'' and all that follows and inserting ``to promote
activities regarding the prevention and control of injuries;
and''; and
(2) in section 391(b), by adding at the end the following
sentence: ``In carrying out the preceding sentence, the
Secretary shall disseminate such information to the public,
including through elementary and secondary schools.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 394 of the Public Health Service Act (42 U.S.C. 280b-3) is
amended--
(1) by striking ``391 and 392'' and inserting ``391, 392,
and 393''; and
(2) by striking ``$10,000,000'' and all that follows
through the period and inserting ``$60,000,000'' for fiscal
year 1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998.''. | Injury Control and Violence Prevention Act of 1993 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to: (1) conduct research and provide technical assistance to public and nonprofit private entities and to academic institutions to assist such entities in performing research in, and conducting training and public health programs for, the prevention of injuries and deaths associated with family and interpersonal violence; and (2) award grants to States, political subdivisions, and public and nonprofit private entities for specified activities regarding the prevention of such violence.
Requires the Secretary, acting through the Director, to: (1) support the establishment of national systematic surveillance of injuries; and (2) establish an advisory committee to advise the Secretary and the Director on the prevention and control of injuries.
Extends the authorization of appropriations for injury control and violence prevention activities through FY 1998. | {"src": "billsum_train", "title": "Injury Control and Violence Prevention Act of 1993"} | 1,762 | 187 | 0.631981 | 1.775135 | 0.994302 | 5.475676 | 8.924324 | 0.956757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Access to Formulated and
Effective Compounded Drugs Act of 2013'' or the ``S.A.F.E. Compounded
Drugs Act of 2013''.
SEC. 2. ENHANCED REQUIREMENTS FOR COMPOUNDED DRUGS.
(a) In General.--Section 503A of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353a) is amended--
(1) in subsection (a)(1)(A), by inserting ``that is
registered with the Secretary under subsection (b)(6) (or is
subject to the exception under subsection (b)(6)(C))'' after
``State licensed pharmacy'';
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``(meaning
not more than 5 percent of the total quantity of drugs
products compounded by the pharmacist or physician in
any 30 day period)'' after ``limited quantities'';
(B) in paragraph (1)(C), by striking ``and'' at the
end;
(C) in paragraph (1)(D), by striking ``regularly or
in inordinate amounts (as defined by the Secretary)'';
(D) by adding at the end of paragraph (1) the
following:
``(E) does not compound a drug product that appears
on the list promulgated by the Secretary under
subsection (h); and
``(F) does not compound a drug product in violation
of the minimum standards promulgated under subsection
(i).''; and
(E) by adding at the end of the subsection the
following:
``(4) Notification.--
``(A) Prescriber notification.--Before providing a
prescription order for a drug to be compounded under
subsection (a), the physician or other licensed
practitioner who will write such order shall--
``(i) inform the individual patient for
whom such order is being written that a
compounded drug is being prescribed; and
``(ii) provide such patient with a written
document containing information concerning the
availability, safety, and production of
compounded drugs.
``(B) Confirmation by pharmacist.--Except in the
case of a compounded drug product used in a procedure
described in subparagraph (C), a licensed pharmacist or
licensed physician who dispenses a compounded drug
under subsection (a) shall, at the time such drug is
dispensed--
``(i) confirm that the patient (or the
individual to whom the drug is delivered on
behalf of the patient) understands that the
drug is a compounded drug; and
``(ii) provide a written document
containing the information described in
subparagraph (A)(ii).
``(C) Provider notification.--Prior to providing a
health care service that will be conducted by a health
care provider in a health care setting (such as a
hospital or a physician's office) and during which
service a drug compounded under subsection (a) will be
administered to a patient for purposes of treating such
patient, the health care provider shall--
``(i) inform the patient that a compounded
drug will be used during the procedure; and
``(ii) provide such patient with a written
document containing the information described
in subparagraph (A)(ii).
``(5) Labeling.--
``(A) In general.--A drug product compounded under
subsection (a) shall be clearly labeled as a `non-FDA
approved compounded drug product'.
``(B) Development of requirements.--In determining
the requirements for the label under subparagraph (A),
the Secretary--
``(i) shall establish, and consult with, a
temporary advisory committee on compounded drug
product labeling requirements; and
``(ii) may establish different labeling
requirements for--
``(I) a compounded drug product
intended for use by a health care
provider in an office or treatment
setting; and
``(II) a compounded drug product
intended for any use not described in
subclause (I).
``(6) Registration.--
``(A) Establishment of process.--The Secretary, in
consultation with experts and representatives of
stakeholders including pharmacies, compounding
pharmacies, State regulators, and health care
providers, shall establish a process for pharmacies
described in subsection (a)(1)(A) to register as a
compounding pharmacy. Such registration shall be
conducted through an electronic method.
``(B) Registration requirement.--Except as provided
in subparagraph (C), in order to be registered with the
Secretary for purposes of subsection (a)(1)(A), every
person who owns or operates a pharmacy shall submit to
the Secretary, in such time and manner as the Secretary
may require--
``(i) contact information for the pharmacy;
``(ii) the State or States that the
pharmacy is licensed in;
``(iii) the methods used by the facility in
compounding; and
``(iv) any additional information required
by the Secretary, which may include the
quantity of product compounded at such pharmacy
for the purpose of determining if a drug
manufacturing facility is inappropriately
registering as a compounding pharmacy.
``(C) Prohibition on dual registration.--An entity
registered under this subsection shall not be required
to submit a registration under section 510.
``(D) Exception.--A pharmacy shall be exempt from
the requirement to register under subsection (a)(1)(A)
if the pharmacy--
``(i) employs fewer than 20 full-time
employees (or 20 full-time equivalents); and
``(ii) performs traditional compounding of
drug products for use in a single State.''; and
(3) by adding at the end of section 503A the following:
``(g) Database.--
``(1) In general.--The Secretary shall establish and
maintain a database of information on pharmacies compounding
drug products under subsection (a) that are licensed in more
than one State, including--
``(A) the minimum standards for a compounding
pharmacy license in each State;
``(B) relevant information provided to the
Secretary by State agencies that regulate pharmacies;
``(C) reliable, timely, and comprehensive data
related to inspections of such pharmacies, including
the classification of actions indicated as a result of
such inspections; and
``(D) other information determined relevant by the
Secretary.
``(2) Design.--The database under paragraph (1)--
``(A) shall be accessible, as determined
appropriate by the Secretary, to State agencies that
regulate pharmacies that compound drug products;
``(B) shall enable States and the Secretary to
share information to ensure appropriate oversight of
pharmacies that compound drug products;
``(C) shall be used by the Secretary to inform the
Federal inspection and oversight of pharmacies that
compound drug products to ensure that issues and
pharmacies identified in the database receive
appropriate oversight; and
``(D) shall be accessible, as determined
appropriate by the Secretary, to health care providers
and consumers.
``(h) Active Ingredients and Dosage Forms That Should Not Be
Compounded.--The Secretary shall, after consultation with appropriate
stakeholders (including pharmacists, patient and public health advocacy
groups, manufacturers, and health care professionals), promulgate a
list of active ingredients and dosage forms that should not be
compounded, because the compounding of such active ingredient or dosage
form is reasonably likely to present a risk to public health.
``(i) Minimum Standards.--
``(1) In general.--The Secretary shall promulgate minimum
standards for the safe production of compounded drug products
under this section.
``(2) Contents.--The standards under paragraph (1) shall
each specify--
``(A) the type of compounded drug products to which
they apply; and
``(B) the intended route of administration.
``(j) Training.--The Secretary shall conduct a series of regional
training opportunities for State agencies that regulate pharmacies that
compound drug products. These training opportunities shall include
information on the minimum standards under subsection (i), sample
inspection protocol, and recordkeeping to facilitate the inclusion of
State findings and inspections into the database under subsection
(g).''.
(b) Deadlines and Advisory Committees.--
(1) Deadline for issuance of regulations.--Not later than
18 months after the date of enactment of this Act, the
Secretary of Health and Human Services shall issue regulations
to implement--
(A) paragraphs (4) and (5) of section 503A(b) of
the Federal Food, Drug, and Cosmetic Act, as added by
subsection (a); and
(B) subsection (g) of section 503A of such Act.
(2) Labeling advisory committee.--
(A) Establishment.--The Secretary of Health and
Human Services shall establish an advisory committee on
labeling (as defined in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321)) of
compounded drug products and shall consult such
committee in the development of the regulations under
paragraph (1)(A).
(B) Membership.--The advisory committee shall
include representatives of patients or consumers,
health care providers, compounding pharmacies, State
agencies that regulate compounding pharmacies, and at
least one member with expertise on clearly
communicating information in such labeling of drugs.
(C) Meetings.--The advisory committee shall hold an
initial meeting not later than 6 months after the date
of enactment of this Act.
(D) Recommendations.--Not later than 12 months
after the date of enactment of this Act, the advisory
committee shall submit to the Secretary of Health and
Human Services recommendations on the regulations under
paragraph (1)(A), including recommendations on the type
of information and language that should be included on
the labels of drug products that are compounded
pursuant to section 503A of the Federal Food, Drug, and
Cosmetic Act.
(E) Termination.--The advisory committee under this
subparagraph shall terminate upon the submission of the
recommendations under subparagraph (D).
(3) Database advisory committee.--
(A) Establishment.--The Secretary of Health and
Human Services shall establish an advisory committee on
the database described in section 503A(g) of the
Federal Food, Drug, and Cosmetic Act, as added by
subsection (a), and shall consult such committee in the
development of the regulations under paragraph (1)(B).
(B) Membership.--The advisory committee shall
include representatives of patients or consumers,
health care providers, compounding pharmacies, State
agencies that regulate compounding pharmacies, and
information technology experts.
(C) Meetings.--The advisory committee shall hold an
initial meeting not later than 6 months after the date
of enactment of this Act.
(D) Recommendations.--Not later than 12 months
after the date of enactment of this Act, the advisory
committee shall submit to the Secretary of Health and
Human Services recommendations on the regulations under
paragraph (1)(B).
(E) Termination.--The advisory committee under this
subparagraph shall terminate upon the submission of the
recommendations under subparagraph (D).
(4) Permanent advisory committee on pharmacy compounding.--
The Secretary shall convene the Advisory Committee on Pharmacy
Compounding as appropriate to consider issues related to the
safety and availability of compounded drug products.
SEC. 3. REPORTS AND STUDIES.
(a) Biannual Reports.--Not later than 6 months after the date of
enactment of this Act, and at the end of each succeeding 6-month period
that ends before the 25th month after the date of enactment of this
Act, the Secretary of Health and Human Services shall submit to the
Congress a report on the status of the implementation of the
requirements of this Act, and the amendments made by this Act.
(b) Third-Party Accreditation.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall submit to the
Congress a report that contains--
(1) a review of the standards used by organizations that
provide accreditation to compounding pharmacies; and
(2) an evaluation of the effectiveness of such standards in
ensuring the production of safe and effective compounded drug
products.
(c) Structure of State Oversight.--Not later than 18 months after
the date of enactment of this Act, the Secretary shall submit to the
Congress a report that contains--
(1) a review of the models used by States to structure
their oversight of pharmacies that compound drug products,
including the structure of the agency or office responsible for
oversight and its relationship with the industry that it
regulates; and
(2) consideration of how the structure and relationship of
State regulators may impact the development and enforcement of
regulations to ensure safe compounded drug products.
(d) GAO Report.--The Comptroller General of the United States shall
review--
(1) the extent to which Federal health care programs (as
such term is defined in section 1128B(f) of the Social Security
Act (42 U.S.C. 1320a-7b)) ensure that compounded drug products
which are paid for by such programs are compounded in
facilities that comply with the requirements of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.);
(2) whether the reimbursement rates for compounded drug
products under such Federal health care programs are
appropriate, taking into consideration the cost of production
of such compounded drug products; and
(3) whether such Federal health care programs encourage the
use of compounded drug products in place of otherwise available
lawfully marketed drug products.
SEC. 4. PROHIBITIONS AND PENALTIES.
(a) Prohibition of Violations of Section 503A.--Section 301(d) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(d)) is amended
by inserting ``503A,'' before ``505,''.
(b) Penalties.--Section 303(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333(b)) is amended by adding at the end the
following:
``(8) Notwithstanding subsection (a), any person who
violates section 301(d) with respect to any compounded drug
product--
``(A) knowingly and intentionally to defraud or
mislead; or
``(B) with conscious or reckless disregard of a
risk of death or serious bodily injury,
shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.''. | Supporting Access to Formulated and Effective Compounded Drugs Act of 2013 or S.A.F.E. Compounded Drugs Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with respect to the regulation of compounded drugs. Eliminates authority for compounding pharmacies to compound any drug product that is a copy of a commercially available drug. Prohibits such pharmacies from compounding: (1) any drug product appearing on a list of active ingredients and dosage forms that the Secretary of Health and Human Services (HHS) determines should not be compounded, or (2) in violation of promulgated minimum standards for the safe production of compounded drug products. Establishes notification requirements before a patient is prescribed, dispensed, or administered a compounded drug, which must include providing the patient a document concerning the availability, safety, and production of such drugs. Requires a drug product compounded under the FFDCA to be clearly labeled as a “non-FDA approved compounded drug product.” Authorizes the Secretary of Health and Human Services (HHS) to establish different labeling requirements for compounded drugs. Requires the Secretary to establish a process for pharmacies to register as compounding pharmacies. Exempts pharmacies that employ fewer than 20 full-time employees and perform traditional compounding of drug products for use in a single state. Requires the Secretary to: (1) establish a database of information on compounding pharmacies licensed in more than one state for oversight purposes, (2) establish minimum standards for the safe production of compounded drugs as well as for which drugs must meet those standards, and (3) conduct regional training for state agencies that regulate compounding pharmacies. Directs the Secretary to establish advisory committees on labeling of compounded drugs and on the database under this Act. Requires the Secretary to convene an Advisory Committee on Pharmacy Compounding as appropriate to consider issues related to the safety and availability of compounded drugs. Directs the Comptroller General (GAO) to review: (1) the extent to which federal health care programs ensure that compounded drug products they pay for are compounded in FFDCA-compliant facilities, (2) whether the reimbursement rates for such products under these federal programs are appropriate, and (3) whether these programs encourage the use of compounded drug products in place of otherwise available lawfully marketed drug products. Prescribes criminal penalties for violations of prohibitions concerning compounded drug products that are committed: (1) knowingly and intentionally to defraud or mislead, or (2) with conscious or reckless disregard of a risk of death or serious bodily injury. | {"src": "billsum_train", "title": "S.A.F.E. Compounded Drugs Act of 2013"} | 3,284 | 603 | 0.622311 | 1.868118 | 0.821988 | 3.772632 | 6.204211 | 0.909474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Grasslands Management Act
of 1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the inclusion of the National Grasslands within the
National Forest System has prevented the Secretary of
Agriculture from effectively administering and promoting
grassland agriculture on National Grasslands as originally
intended under the Bankhead-Jones Farm Tenant Act;
(2) the National Grasslands can be more effectively managed
by the Secretary of Agriculture if administered as a separate
entity outside of the National Forest System; and
(3) a grazing program on National Grasslands can be
responsibly carried out while protecting and preserving
sporting, recreational, environmental, and other multiple uses
of the National Grasslands.
(b) Purpose.--The purpose of this Act is to provide for improved
management and more efficient administration of grazing activities on
National Grasslands while preserving and protecting multiple uses of
such lands, including but not limited to preserving sportsmen's hunting
and fishing and other recreational activities, and protecting wildlife
and wildlife habitat in accordance with applicable laws.
SEC. 3. DEFINITIONS.
As used in this Act, the term--
(1) ``National Grasslands'' means those areas managed as
National grasslands by the Secretary of Agriculture under title
III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1012)
on the day before the date of enactment of this Act; and
(2) ``Secretary'' means the Secretary of Agriculture.
SEC. 4. REMOVAL OF NATIONAL GRASSLANDS FROM NATIONAL FOREST SYSTEM.
Section 11(a) of the Forest Rangeland Renewable Resource
Planning Act of 1974 (16 U.S.C. 1609(a)) is amended by striking
the phrase ``the national grasslands and land utilization
projects administered under title III of the Bankhead-Jones
Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010-1012)''.
SEC. 5. MANAGEMENT OF NATIONAL GRASSLANDS.
(a) In General.--The Secretary, acting through the Chief of the
Forest Service, shall manage the National Grasslands as a separate
entity in accordance with this Act and the provisions and multiple use
purposes of title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1010-1012).
(b) Consultation.--The Secretary shall provide timely opportunities
for consultation and cooperation with interested State and local
government entities, and other interested individuals and organizations
in the development and implementation of land use policies and plans,
and land conservation programs for the National Grasslands.
(c) Grazing Activities.--In furtherance of the purposes of this
Act, the Secretary shall administer grazing permits and implement
grazing management decisions in consultation, cooperation, and
coordination with local grazing associations and other grazing permit
holders.
(d) Regulations.--The Secretary shall promulgate regulations to
manage and protect the National Grasslands, taking into account the
unique characteristics of the National Grasslands and grasslands
agriculture conducted under the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010). Such regulations shall facilitate the efficient
administration of grazing and provide protection for the environment,
wildlife, wildlife habitat, and Federal lands equivalent to that in the
National Forest System on the day prior to the date of enactment of the
Act.
(e) Conforming Amendment to Bankhead-Jones Act.--Section 31 of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010) is amended to read as
follows:
``To accomplish the purposes of title III of this Act, the
Secretary is authorized and directed to develop a separate program of
land conservation and utilization for the National Grasslands, in order
thereby to promote grassland agriculture and secure occupancy and
economic stability of farms and ranches, control soil erosion, promote
reforestation, preserve and protect natural resources, protect fish and
wildlife and their habitat, develop and protect recreational
opportunities and facilities, mitigate floods, prevent impairment of
dams and reservoirs, develop energy resources, conserve surface and
substance moisture, protect the watersheds of navigable streams, and
protect the public lands, health, safety and welfare, but not to build
industrial parks or commercial enterprises.''.
(f) Hunting and Fishing, and Other Recreational Activities.--
Nothing in this Act shall be construed as limiting or precluding
hunting or fishing activities on National Grasslands in accordance with
applicable Federal and State laws, nor shall appropriate recreational
activities be limited or precluded.
(g) Valid Existing Rights.--Nothing in this Act shall affect valid
existing rights, reservations, agreements, or authorizations. Section
1323(a) of Public Law 96-487 shall continue to apply to non-Federal
land and interests therein within the boundaries of the National
Grasslands.
(h) Fees and Charges.--Fees and charges for livestock grazing on
the National Grasslands shall be determined in the same manner and
according to the same formula as we used for livestock grazing on the
National Grasslands during the 1996 grazing year. The Secretary may
adjust the grazing fee to compensate for approved conservation
practices and administrative expenditures. | National Grasslands Management Act of 1996 - Amends the Forest Rangeland Renewable Resource Planning Act of 1974 to remove the National Grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (such Act) from the National Forest System (NFS).
Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to manage the National Grasslands as a separate entity and in accordance with this Act and the provisions and multiple use purposes of such Act.
Requires the Secretary to administer grazing permits and implement grazing management decisions in consultation, cooperation, and coordination with local grazing associations and other grazing permits.
Requires fees and charges for livestock grazing on the National Grasslands to be determined in the same manner and according to the same formula that was used for such grazing during the 1996 grazing year. Allows the Secretary to adjust the grazing fee to compensate for approved conservation practices and administrative expenditures. | {"src": "billsum_train", "title": "National Grasslands Management Act of 1996"} | 1,235 | 227 | 0.648393 | 1.710818 | 0.806478 | 5.297753 | 5.691011 | 0.949438 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Value Engineering Better
Transportation Act of 1993''.
SEC. 2. TITLE 23, UNITED STATES CODE.
Section 120 of title 23, United States Code, is amended by adding
at the end the following:
``(j) Increased Federal Share for Value Engineering.--
``(1) In general.--The Federal share payable on account of
any project or activity carried out under this title shall be
increased--
``(A) by 5 percentage points--
``(i) if the project or activity has an
estimated cost of $2,000,000 or more;
``(ii) if, before 35 percent completion of
project or activity design, value engineering
is applied to the project or activity;
``(iii) if the State in carrying out the
project or activity complies with parts 48 and
52 of title 48 of the Code of Federal
Regulations, relating to Federal acquisition
regulations;
``(iv) if the State submits to the
Secretary for approval a completed value
engineering analysis, signed by a certified
value specialist, of the savings resulting from
application of value engineering to the project
or activity, including changes made in the
project or activity design as a result of such
value engineering; and
``(v) if the Secretary determines that
application of value engineering to the project
or activity reduces the cost of the project or
activity by 5 percent or more; and
``(B) by an additional 5 percentage points if the
determination made by the Secretary under subparagraph
(A)(v) is that application of value engineering reduces
the cost of the project or activity by 15 percent or
more.
``(2) Limitations.--
``(A) Maximum federal percentage.--Notwithstanding
paragraph (1), the Federal share payable for any
project or activity carried out under this title shall
not exceed 100 percent of project or activity cost.
``(B) Maximum federal dollars.--Notwithstanding
paragraph (1) and subparagraph (A), the amount of
Federal funds payable on account of a project or
activity under this title as a result of application of
this subsection to the project or activity shall not
exceed the amount of Federal funds which would have
been payable on account of the project or activity
under this title but for this subsection.
``(3) Prohibition on training.--No Federal funds may be
used to provide training for carrying out value engineering
under this title.
``(4) Value engineering defined.--For purposes of this
subsection, the term `value engineering' means a systematic
process of review and analysis of a project or activity during
its design phase by a multidisciplined team of persons not
originally involved in the project or activity in order to
provide suggestions for reducing the total cost of the project
or activity and providing a project or activity of equal or
better quality. Such suggestions may include a combination or
elimination of inefficient or expensive parts of the original
proposed design for the project or activity and total redesign
of the proposed project or activity using different
technologies, materials, or methods so as to accomplish the
original purpose of the project or activity.''.
SEC. 3. FEDERAL TRANSIT ACT.
Section 12 of the Federal Transit Act (49 U.S.C. App. 1608) is
amended by adding at the end the following:
``(n) Increased Federal Share for Value Engineering.--
``(1) In general.--The Federal grant for any project to be
assisted under this Act shall be increased--
``(A) by 5 percent of the net project cost--
``(i) if the project has an estimated cost
of $2,000,000 or more;
``(ii) if, before 35 percent completion of
project design, value engineering is applied to
the project;
``(iii) if the grant recipient in carrying
out the project complies with parts 48 and 52
of title 48 of the Code of Federal Regulations,
relating to Federal acquisition regulations;
``(iv) if the grant recipient submits to
the Secretary for approval a completed value
engineering analysis, signed by a certified
value specialist, of the savings resulting from
application of value engineering to the project
design, including changes made in the project
as a result of such value engineering; and
``(v) if the Secretary determines that
application of value engineering to the project
reduces net project cost by 5 percent or more;
and
``(B) by an additional 5 percent of the net project
cost if the determination made by the Secretary under
subparagraph (A)(v) is that application of value
engineering reduces net project cost by 15 percent or
more.
``(2) Limitations.--
``(A) Maximum federal percentage.--Notwithstanding
paragraph (1), the Federal grant for any project
assisted under this Act shall not exceed 100 percent of
the net project cost.
``(B) Maximum federal dollars.--Notwithstanding
paragraph (1) and subparagraph (A), the amount of
Federal funds which may be expended under a Federal
grant under this Act for a project as a result of
application of this subsection to the project shall not
exceed the amount of Federal funds which would have
been available for expenditure under such a grant for
the project but for this subsection.
``(3) Prohibition on training.--No Federal funds may be
used to provide training for carrying out value engineering
under this Act.
``(4) Value engineering defined.--For purposes of this
subsection, the term `value engineering' means a systematic
process of review and analysis of a project during its design
phase by a multidisciplined team of persons not originally
involved in the project in order to provide suggestions for
reducing the total cost of the project and providing a project
of equal or better quality. Such suggestions may include a
combination or elimination of inefficient or expensive parts of
the original proposed design for the project and total redesign
of the proposed project using different technologies,
materials, or methods so as to accomplish the original purpose
of the project.''. | Value Engineering Better Transportation Act of 1993 - Amends Federal transportation law and the Federal Transit Act to increase by five percent increments (up to 100 percent) the Federal share for transportation projects costing over $2 million for which "value engineering" results in certain minimum project cost savings. Prohibits the use of Federal funds for "value engineering" training.
Defines "value engineering" as the process of review and analysis of a project during its design phase by a multidisciplined team of persons not originally involved in the project in order to provide suggestions for reducing total project costs and providing better quality. | {"src": "billsum_train", "title": "Value Engineering Better Transportation Act of 1993"} | 1,301 | 131 | 0.485851 | 1.416517 | 0.668569 | 3.719298 | 11.078947 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High Plains Aquifer Conservation,
Monitoring, and Coordination Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) a reliable source of groundwater is an essential
element of the economy of the communities on the High Plains;
(2) the High Plains Aquifer consists largely of the
Ogallala Aquifer with small components of other geologic units;
(3) the High Plains Aquifer experienced a dramatic decline
in water table levels in the latter half of the twentieth
century;
(4) the decline in water table levels is especially
pronounced in the Southern Ogallala Aquifer, with areas in the
states of Kansas, New Mexico, Oklahoma, and Texas experiencing
declines of over 100 feet in that from 1950 to 1997;
(5) the saturated thickness of the High Plains Aquifer has
declined by over 50 percent in some areas, the percentage of
the High Plains Aquifer which has a saturated thickness of 100
feet or more declined from 54 percent to 51 percent in the
period from 1980 to 1997;
(6) the decreased water levels in the High Plains Aquifer
coupled with higher pumping lift costs raise concerns about the
long-term sustainability of irrigated agriculture in the High
Plains;
(7) hydrological modeling by the United States Geological
Survey indicates that in the context of sustained high
groundwater use in the surrounding region, reductions in
groundwater pumping at the single farm level or at a local
level of up to 100 square miles, have a very time limited
impact on conserving the level of the local water table, thus
creating a disincentive for individual water users to invest in
water conservation measures;
(8) incentives must be created for conservation of
groundwater on a regional scale, in order to achieve an
agricultural economy on the High Plains that is sustainable;
(9) Federal, State, tribal, and local water policy makers,
and individual groundwater users must have access to reliable
information concerning aquifer recharge rates, extraction
rates, and water table levels at the local and regional levels
on an ongoing basis for water conservation incentives to
function; and
(10) coordination of Federal, State and local efforts to
map, model and monitor the High Plains Aquifer and of programs
pertaining to the conservation of the groundwater resources of
the Aquifer can play an important role in effectively
addressing the issue of the decline of the Aquifer.
(b) Purpose.--The purpose of this Act is to provide for the
enhanced mapping, modeling, and monitoring of the High Plains Aquifer
and the improved coordination of efforts to address the conservation of
the groundwater resources of the Aquifer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(a) High Plains Aquifer.--The term ``High Plains Aquifer'' is the
groundwater reserve depicted as figure 1 in the United States
Geological Survey Professional Paper 1400-B, titled Geohydrology of the
High Plains Aquifer in Parts of Colorado, Kansas, Nebraska, New Mexico,
Oklahoma, South Dakota, Texas, and Wyoming.
(b) High Plains.--The term ``High Plains'' means the approximately
174,000 square miles of land surface overlying the High Plains Aquifer
in the States of Colorado, Kansas, Nebraska, New Mexico, Oklahoma,
South Dakota, Texas, and Wyoming.
(c) High Plains Aquifer States.--The term ``High Plains Aquifer
States'' means the states of Colorado, Kansas, Nebraska, New Mexico,
Oklahoma, South Dakota, Texas, and Wyoming.
(d) Secretary.--The term ``Secretary'' means the Secretary of the
Interior.
SEC. 4. HYDROGEOLOGIC MAPPING, MODELING, AND MONITORING.
(a) Program.--The Secretary, working through the United States
Geological Survey, and in cooperation with the State Geologists of the
High Plains Aquifer States, shall develop and carry out a comprehensive
hydrogeologic mapping, modeling, and monitoring program for the High
Plains Aquifer. The program shall include on a county-by-county basis--
(1) a map of the hydrological configuration of the High
Plains Aquifer; and
(2) an analysis of:
(A) the current and past rate at which groundwater
is being withdrawn and recharged, and the net rate of
decrease or increase in aquifer storage;
(B) the factors controlling the rate of horizontal
migration of water within the High Plains Aquifer; and
(C) the current and past rate of loss of saturated
thickness within the High Plains Aquifer.
(b) Funding.--The Secretary shall make available to the High Plains
States no less than 50 percent of the funds made available pursuant to
this section to be used by the States, working in cooperation with the
Secretary, to implement the program provided for by this section. The
Secretary shall allocate the funds among the High Plains Aquifer States
in a manner to best further the objectives of the program provided for
in this section.
(c) Annual Report.--One year after the date of enactment of this
Act, and every two years thereafter, the Secretary shall submit a
report on the status of the High Plains Aquifer to the Committee on
Energy and Natural Resources of the Senate, the Committee on Resources
of the House of Representatives, and the Governors of the High Plains
Aquifer States.
SEC. 5. HIGH PLAINS AQUIFER COORDINATION COUNCIL.
(a) Establishment and Purpose.--The Secretary, in cooperation with
the Secretary of Agriculture, shall establish a High Plains Aquifer
Coordination Council. The purpose of the Council shall be to--
(1) ensure that comprehensive and coordinated mapping,
modeling, and monitoring efforts relating to the High Plains
Aquifer are in place to provide information on the water
resources of the High Plains Aquifer, including the
sustainability of such resources;
(2) facilitate the coordination of Federal, State, and
local programs relating to the groundwater resources of the
High Plains Aquifer;
(3) facilitate coordination of programs and policies among
the High Plains Aquifer States with respect to the groundwater
resources of the High Plains Aquifer;
(4) evaluate the effectiveness of Federal and State
programs in addressing the present and anticipated groundwater
resources issues relating to the High Plains Aquifer; and
(5) provide recommendations to the Secretary, the Secretary
of Agriculture, and each Governor of a High Plains Aquifer
State, regarding programs and policies and changes in Federal
and State law to address the groundwater resources issues of
the High Plains Aquifer.
(b) Membership.--The Secretary, in consultation with the Secretary
of Agriculture, shall appoint the following members of the High Plains
Aquifer Coordination Council:
(1) Two representatives of the Secretary of the Interior,
one representing the Bureau of Reclamation, and one
representing the U.S. Geological Survey.
(2) Two representatives of the Secretary of Agriculture, to
be selected from a list of candidates provided by such
Secretary, one representing the Natural Resources Conservation
Service and one representing the Rural Development
Administration.
(3) A representative of each Governor of a High Plains
Aquifer State, who shall be a state employee and shall be
selected from a list of candidates provided by the Governor.
The representative of at least one Governor shall be a State
Geologist of a High Plains Aquifer State.
(4) A representative of irrigation production agriculture
from each High Plains Aquifer State, selected from a list of
candidates provided by each Governor.
(5) A representative of the municipal and industrial water
user community from each High Plains Aquifer State, selected
from a list provided by the Governor.
(6) A representative from the conservation community from
each High Plains Aquifer State, selected from a list provided
by the Governor.
(7) Two representatives of Indian Tribes from the High
Plains Aquifer area of the vicinity thereof.
(c) Terms.--Each member of the High Plains Aquifer Coordination
Council shall serve for a term of four years, whereupon the Secretary
may reappoint the member or appoint a new member in conformance with
the provisions of subsection (b). Members of the Council who are not
employees of Federal Government shall serve without Federal
compensation, but shall be reimbursed by the Secretary for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties.
(d) Administration.--Financial and administrative services shall be
provided to High Plains Aquifer Coordination Council by the Secretary.
(e) Report.--The High Plains Aquifer Coordination Council shall
submit a report to the Secretary, the Secretary of Agriculture, the
Committees Energy and Natural Resources and Agriculture of the Senate
and the Committees on Resources and Agriculture of the House of
Representatives, two years from the date of enactment of this Act and
every two years thereafter. The report shall contain the Council's
finding and recommendations regarding the matters set forth in
subsection (a).
SEC. 6. HIGH PLAINS AQUIFER EDUCATIONAL ASSISTANCE.
The Secretary, working in cooperation with the Secretary of
Agriculture, shall provide financial assistance, subject to the
availability of appropriations, to each of the eight High Plains
Aquifer States to provide educational programs related to this Act. The
States may cooperate with land grant universities and educational
institutions or other private organizations in the administration of
these programs. Educational programs shall include the following:
(a) Water conservation workshops for producers, crop consultants,
and agricultural groups throughout the High Plains Aquifer region.
(b) Training and periodic update workshops for field staff
responsible for implementing water conservation cost-share programs.
(c) Public education and information for elementary and secondary
students and adult learners, and education for state and local decision
makers.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) There is authorized to be appropriated not to exceed
$10,000,000 for each of the fiscal years 2002 through 2007 to carry out
the purposes of section 4 of this Act.
(b) There is authorized to be appropriated not to exceed $2,000,000
for each of the fiscal years 2002 through 2007 to carry out the
purposes of section 5 of this Act.
(c) There is authorized to be appropriated $3 million annually
fiscal year 2002 through fiscal year 2011 to carry out the program set
forth in section 6 of this Act. | High Plains Aquifer Conservation, Monitoring, and Coordination Act - Directs the Secretary of the Interior, through the U.S. Geological Survey and in cooperation with the State Geologists of the High Plains Aquifer States (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming), to develop and carry out a hydrogeologic mapping, modeling, and monitoring program for the High Plains Aquifer.Requires the Secretary, in cooperation with the Secretary of Agriculture, to establish a High Plains Aquifer Coordination Council to: (1) ensure that mapping, modeling, and monitoring efforts relating to the Aquifer are in place to provide information on the water resources of the Aquifer, including sustainability; (2) facilitate coordination of Federal, State, and local programs relating to the groundwater resources of the Aquifer; (3) evaluate the effectiveness of Federal and State programs in addressing present and anticipated groundwater resources issues relating to the Aquifer; and (4) provide recommendations to the Secretaries and the Governors of such States regarding programs, policies, and changes in Federal and State law to address such issues.Requires the Secretary, working in cooperation with the Secretary of Agriculture, to provide financial assistance to such States to provide educational programs related to this Act. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to conduct a hydrogeologic mapping, modeling and monitoring program for the High Plains Aquifer and to establish the High Plains Aquifer Coordination council to facilitate groundwater conservation in the High Plains."} | 2,286 | 281 | 0.64254 | 1.954003 | 0.733872 | 5.811715 | 8.732218 | 0.983264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civilian Ex-Prisoner of War Health
and Disability Benefits Act of 1994''.
SEC. 2. MEDICAL CARE AND DISABILITY BENEFITS.
(a) Eligibility.--A former civilian prisoner of war is entitled to
receive necessary medical care and disability benefits for any injury
or disability resulting from the period of internment or hiding. Any
presumptive medical and dental condition related to a period of
internment provided for former military prisoners of war under section
1112(b) of title 38, United States Code, shall be extended to former
civilian prisoners of war and shall be considered to have been incurred
in or aggravated by such period of internment or hiding without regard
to the absence of any record of such injury.
(b) Payment of Benefits.--Prompt monetary payment or reimbursement
shall be facilitated for reasonable and necessary expenditures for all
medical treatment, including rehabilitation, mental health services,
and dental care, provided for under this section for which a claim and
any documentation determined necessary by the Secretary of Labor has
been filed with the Secretary of Labor.
(c) Waiver of Limitations.--There shall be no limitation on the
total medical or disability benefits which a person may receive for any
injury or disability resulting from the period of internment or hiding.
(d) Rate of Compensation.--Compensation for disability shall be
equal to the weekly equivalent of the minimum monthly rate of
compensation payable for a total disability covered by chapter 81 of
title 5, United States Code, as computed under section 8112(a) of such
title.
(e) Crediting Benefits Under the Social Security Act.--The benefits
provided by this section to any individual shall be reduced to the
extent such benefits are provided under title XVIII of the Social
Security Act, or any private insurance, for the same medical condition
or disability.
SEC. 3. ADVISORY COMMITTEE.
(a) Establishment.--The Secretary of Labor shall establish an
advisory committee to be known as the Former Civilian Prisoner of War
Committee (hereafter in this section referred to as the ``advisory
committee''). The members of the advisory committee shall be appointed
by the Secretary of Labor from the general public and shall include
appropriate representatives of former civilian prisoners of war and
individuals who are recognized authorities in fields pertinent to the
injuries and disabilities prevalent among former civilian prisoners of
war.
(b) Authority of the Secretary of Labor.--The Secretary of Labor
shall determine the number, terms of service, and pay and allowances of
members of the advisory committee. The Secretary of Labor shall consult
with and seek the advice of the advisory committee with respect to the
administration of benefits under this Act.
(c) Report.--Not later than January 1, 1996, the Secretary of Labor
shall submit to Congress a report on the programs and activities of the
Department of Labor that pertain to those former civilian prisoners of
war. The Secretary of Labor shall include in the report--
(A) an assessment of the needs of such civilian prisoners
of war with respect to health and disability benefits;
(B) a review of the programs and activities of the Office
of Workers' Compensation Program designed to meet such needs;
and
(C) such recommendations as the advisory committee
considers to be appropriate.
(d) Information on Benefits.--Not later than 90 days after the date
of enactment of this Act, and at appropriate times thereafter, the
Secretary of Labor shall seek out former civilian prisoners of war and
provide them with information regarding applicable changes in law,
regulations, and services to which such citizens are entitled by virtue
of this Act.
SEC. 4. REGULATIONS.
The Secretary of Labor shall prescribe regulations as may be
necessary to ensure that benefits provided to former civilian prisoners
of war under this Act are coordinated with and do not duplicate any
benefits provided such persons under the War Claims Act.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``former civilian prisoner of war'' means a
person determined by the Department of Labor, in consultation
with the Department of State and the Department of Defense, as
being someone who, being then a citizen of the United States
was forcibly interned by an enemy government or its agents, or
a hostile force, or who went into hiding in order to avoid
capture by such government, its agents, or hostile force,
during a period of war, or other period for at least 30 days,
including those interned or who went into hiding during the
Asian-Pacific Theater or in the European Theater of World War
II during the period beginning September 1, 1939, and ending
December 31, 1946, in Korea during the period beginning June
25, 1950, and ending July 1, 1955, or in Vietnam during the
period beginning February 28, 1961, and ending on the date
designated by the President by Executive order as the date of
termination of the Vietnam conflict, except--
(A) a person who at any time voluntarily gave aid
to, collaborated with, or in any manner served such
government, or
(B) a person who at the time of his capture or
entrance into hiding was--
(i) a person within the purview of the Act
entitled ``An Act to provide compensation for
employees of the United States suffering
injuries while in the performance of their
duties, and for other purposes'', approved
September 7, 1916, as amended, and as extended;
(ii) a person within the purview of the Act
entitled ``An Act to provide benefits for the
injury, disability, death, or enemy detention
of employees of contractors with the United
States, and for other purposes'', approved
December 2, 1942, as amended; or
(iii) a regularly appointed, enrolled,
enlisted, or inducted member of any military or
naval force; and
(2) the term ``hostile force'' means any nation, or any
national thereof, or any other person serving a foreign
nation--
(A) engaged in war against the United States or any
of its allies; or
(B) engaged in armed conflict, whether or not war
has been declared, against the United States or any of
its allies.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, such
sums as may be necessary for each of the fiscal years 1995 through
2000. | Civilian Ex-Prisoner of War Health and Disability Benefits Act of 1994 - Entitles a former civilian prisoner of war (POW) to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Requires any presumptive medical and dental condition related to a period of internment provided for former military POWs to be extended to former civilian POWs and requires that it be considered to have been incurred in or aggravated by the period of internment or hiding regardless of the absence of any record of the injury.
Establishes the Former Civilian Prisoner of War Committee.
Authorizes appropriations for FY 1995 through 2000. | {"src": "billsum_train", "title": "Civilian Ex-Prisoner of War Health and Disability Benefits Act of 1994"} | 1,385 | 158 | 0.587762 | 1.713243 | 0.739877 | 5.344262 | 10.827869 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmland Preservation and Land
Conservation Act of 2008''.
SEC. 2. TRANSFER TAX EXCLUSION FOR CERTAIN FARMLAND AND LAND OF
CONSERVATION VALUE.
(a) Estate Tax.--
(1) In general.--Part IV of subchapter A of chapter 11 of
the Internal Revenue Code of 1986 (relating to gross estate) is
amended by inserting after section 2058 the following new
section:
``SEC. 2059. FARM AND CONSERVATION LAND.
``(a) In General.--For purposes of the tax imposed by section 2001,
the value of the taxable estate shall be determined by deducting from
the value of the gross estate an amount equal to the adjusted value of
the qualified farm or conservation land included in the estate.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States, and
``(2) the executor elects the application of this section
and files the agreement referred to in subsection (d)(2) with
respect to the qualified farm or conservation land.
``(c) Definitions.--For purposes of this section--
``(1) Qualified farm or conservation land.--The term
`qualified farm or conservation land' means any real property--
``(A) which is located in the United States,
``(B) which, on the date of the decedent's death,
was being used--
``(i) as a farm for farming purposes
(within the meaning of section 2032A(e)), or
``(ii) exclusively for conservation
purposes (within the meaning of section
170(h)),
``(C) with respect to which there is a recorded
covenant which prevents any use of such land which is
inconsistent with the uses described in subparagraph
(B), and
``(D) which is designated in the agreement referred
to in subsection (d)(2).
``(2) Adjusted value.--The term `adjusted value' means the
value of the qualified farm or conservation land for purposes
of this chapter, reduced by the amount allowable as a deduction
under paragraph (4) of section 2053(a).
``(d) Election; Agreement.--
``(1) Election.--The election under this section shall be
made on the return of the tax imposed by section 2001. Such
election shall be made in such manner as the Secretary shall by
regulations prescribe. Such an election, once made, shall be
irrevocable.
``(2) Agreement.--The agreement referred to in this
paragraph is a written agreement signed by each person in being
who has an interest (whether or not in possession) in any
property designated in such agreement consenting to the
application of subsection (e) with respect to such property.
``(3) Modification of election and agreement permitted.--
The procedures prescribed under section 2032A(d)(3) shall apply
for purposes of this subsection.
``(e) Tax Treatment of Dispositions and Inconsistent Uses.--In the
case of a decedent's estate which includes qualified farm or
conservation land with respect to which there is a covenant described
in subsection (c)(1)(C) (including such a covenant made by a prior
decedent)--
``(1) Imposition of additional estate tax.--If, at any time
after the decedent's death and before the death of the heir--
``(A) the heir disposes of any interest in
qualified farm or conservation land and the person
acquiring such interest is not subject to the covenant
described in subsection (c)(1)(C), or
``(B) the heir uses such land in any manner which
violates the terms of such covenant,
then, there is hereby imposed an additional estate tax.
``(2) Amount of additional tax.--
``(A) In general.--The amount of the additional tax
imposed by paragraph (1) with respect to any interest
shall be the amount equal to the sum of--
``(i) the adjusted tax difference with
respect to the estate, and
``(ii) interest at the underpayment rate
established under section 6621 on the amount
determined under clause (i) for the period
beginning on the due date for filing the estate
tax return.
``(B) Adjusted tax difference with respect to
estate.--For purposes of this subsection, the term
`adjusted tax difference with respect to the estate'
means the excess of--
``(i) what would have been the estate tax
liability if the fair market value of the
interest at the time of the disposition or use
described in paragraph (1), over
``(ii) the estate tax liability.
For purposes of this subparagraph, the term `estate tax
liability' means the tax imposed by section 2001
reduced by the credits allowable against such tax.
``(3) Certain additional rules to apply.--Rules similar to
the rules of paragraphs (2)(D), (2)(E), (3), (4), (5), and (8)
of section 2032A(c) shall apply for purposes of this
subsection.
``(4) Income tax treatment of dispositions.--For purposes
of chapter 1, in any case in which an additional tax is imposed
by this subsection by reason of any disposition or use of an
interest, such interest (if not otherwise disposed of in a
transaction in which gain is recognized) shall be treated as
sold at its fair market value at the time of the disposition or
use, and gain shall be recognized notwithstanding any provision
of subtitle A.
``(f) Basis.--For purposes of this title, the basis of any
qualified farm or conservation land which is included in the estate of
a decedent pursuant to subsection (a) shall be the adjusted basis of
such qualified farm or conservation land on the date of the decedent's
death.
``(g) Certain Additional Rules To Apply.--For purposes of this
section, rules similar to the following rules shall apply:
``(1) Certain real property included.--Section
2032A(e)(3)(A).
``(2) Definitions of farm and farming purposes.--Paragraphs
(4) and (5) of section 2032A(e).
``(3) Property acquired from decedent.--Section
2032A(e)(9).
``(4) Community property.--Section 2032A(e)(10).
``(5) Bond in lieu of personal liability.--Section
2032A(e)(11).
``(6) Special rule for woodlands.--Section 2032A(e)(12).
``(7) Statute of limitation.--Section 2032A(f).
``(8) Special rules for involuntary conversions of real
property.--Section 2032A(h).
``(9) Exchanges of qualified real property.--Section
2032A(i).
``(h) Cross Reference.--See section 6324C for special lien on farm
and conservation land.''.
(2) Special lien for farm and conservation land.--Part II
of subchapter C of chapter 64 of such Code (relating to liens)
is amended by inserting after section 6324B the following new
section:
``SEC. 6324C. SPECIAL LIEN ON FARM AND CONSERVATION LAND.
``(a) General Rule.--In the case of qualified farm or conservation
land (within the meaning of section 2059(c)(1)) with respect to which
an election is in effect under section 2059(b)(2) or section 2524(a) or
pursuant to section 2611(b)(2), an amount equal to the adjusted value
attributable to such land (within the meaning of section 2059(c)(2))
shall be a lien in favor of the United States on such land.
``(b) Period of Lien.--The lien imposed by this section shall arise
at the time an election is filed under section 2059 and shall continue
with respect to such qualified farm or conservation land until the
earlier of--
``(1) such land is transferred to a qualified organization
(as defined in section 170(h)(3)),
``(2) the liability for tax under subsection (e) of section
2059 with respect to such land has been satisfied or has become
unenforceable by reason of lapse of time, or
``(3) it is established to the satisfaction of the
Secretary that no further tax liability may arise under section
2059(e) with respect to such land.
``(c) Certain Rules and Definitions Made Applicable.--
``(1) In general.--The rule set forth in paragraphs (1),
(3), and (4) of section 6324A(d) shall apply with respect to
the lien imposed by this section as if it were a lien imposed
by section 6324A.
``(2) Qualified farm or conservation land.--For purposes of
this section, the term `qualified farm or conservation land'
includes qualified replacement property (within the meaning of
section 2032A(h)(3)(B)) and qualified exchange property (within
the meaning of section 2032A(i)(3)).
``(d) Substitution of Security for Lien.--To the extent provided in
regulations prescribed by the Secretary, the furnishing of security may
be substituted for the lien imposed by this section.''.
(b) Conforming and Clerical Amendments.--
(1) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (35), by striking the period at
the end of paragraph (36) and inserting ``, and'', and by
inserting after paragraph (36) the following new paragraph:
``(37) to the extent provided in section 2059(f).''.
(2) The table of sections for part III of subchapter A of
chapter 11 of such Code is amended by inserting after the item
relating to section 2033 the following new item:
``Sec. 2059. Farm and conservation land.''.
(3) The table of sections for part II of subchapter C of
chapter 64 of such Code is amended by inserting after the item
relating to section 6324B the following new item:
``Sec. 6324C. Special lien on farm and conservation land.''.
(c) Gift Tax.--
(1) In general.--Subchapter C of chapter 12 of subtitle B
of such Code (deductions) is amended by redesignating section
2524 as section 2525 and inserting after section 2523 the
following new section:
``SEC. 2524. GIFT OF FARM AND CONSERVATION LAND.
``(a) In General.--In computing taxable gifts for the calendar
year, there shall be allowed as a deduction in the case of a citizen or
resident the adjusted value of all gifts made during such year which
are qualified farm or conservation land if the donee elects the
application of this section and files the agreement referred to in
subsection (c)(2) with respect to the qualified farm or conservation
land.
``(b) Definitions.--For purposes of this section--
``(1) Qualified farm or conservation land.--The term
`qualified farm or conservation land' means any real property--
``(A) which is located in the United States,
``(B) which, on the date of the gift, was being
used--
``(i) as a farm for farming purposes
(within the meaning of section 2032A(e)), or
``(ii) exclusively for conservation
purposes (within the meaning of section
170(h)),
``(C) with respect to which there is a recorded
covenant which prevents any use of such land which is
inconsistent with the uses described in subparagraph
(B), and
``(D) which is designated in the agreement referred
to in subsection (c)(2).
``(2) Adjusted value.--The term `adjusted value' means the
value of the qualified farm or conservation land for purposes
of this chapter, reduced by the amount allowable as a deduction
under paragraph (4) of section 2053(a).
``(c) Election; Agreement.--
``(1) Election.--The election under this section shall be
made in such manner as the Secretary shall by regulations
prescribe. Such an election, once made, shall be irrevocable.
``(2) Agreement.--The agreement referred to in this
paragraph is a written agreement signed by each person in being
who has an interest (whether or not in possession) in any
property designated in such agreement consenting to the
application of subsection (d) with respect to such property.
``(3) Modification of election and agreement permitted.--
The procedures prescribed under section 2032A(d)(3) shall apply
for purposes of this subsection.
``(d) Tax Treatment of Dispositions and Inconsistent Uses.--In the
case of a decedent's estate which includes qualified farm or
conservation land with respect to which there is a covenant described
in subsection (c)(1)(C) (including such a covenant made by a prior
decedent)--
``(1) Imposition of additional gift tax.--If, at any time
after the gift described in subsection (a) and before the death
of the donee--
``(A) the donee disposes of any interest in
qualified farm or conservation land and the person
acquiring such interest is not subject to the covenant
described in subsection (b)(1)(C), or
``(B) the donee uses such land in any manner which
violates the terms of such covenant,
then, there is hereby imposed an additional gift tax.
``(2) Amount of additional tax.--
``(A) In general.--The amount of the additional tax
imposed by paragraph (1) with respect to any interest
shall be the amount equal to the sum of--
``(i) the adjusted tax difference with
respect to the gift, and
``(ii) interest at the underpayment rate
established under section 6621 on the amount
determined under clause (i) for the period
beginning on the date of such gift.
``(B) Adjusted tax difference with respect to
gift.--For purposes of this subsection, the term
`adjusted tax difference with respect to the gift'
means the excess of--
``(i) what would have been the gift tax
liability if the fair market value of the
interest at the time of the disposition or use
described in paragraph (1), over
``(ii) the gift tax liability.
For purposes of this subparagraph, the term `gift tax
liability' means the tax imposed by section 2501
reduced by the credits allowable against such tax.
``(3) Certain additional rules to apply.--Rules similar to
the rules of paragraphs (2)(D), (2)(E), (3), (4), (5), and (8)
of section 2032A(c) shall apply for purposes of this
subsection.
``(4) Income tax treatment of dispositions.--For purposes
of chapter 1, in any case in which an additional tax is imposed
by this subsection by reason of any disposition or use of an
interest, such interest (if not otherwise disposed of in a
transaction in which gain is recognized) shall be treated as
sold at its fair market value at the time of the disposition or
use, and gain shall be recognized notwithstanding any provision
of subtitle A.
``(e) Certain Additional Rules To Apply.--For purposes of this
section, rules similar to the following rules shall apply:
``(1) Certain real property included.--Section
2032A(e)(3)(A).
``(2) Definitions of farm and farming purposes.--Paragraphs
(4) and (5) of section 2032A(e).
``(3) Bond in lieu of personal liability.--Section
2032A(e)(11).
``(4) Special rule for woodlands.--Section 2032A(e)(12).
``(5) Statute of limitation.--Section 2032A(f).
``(6) Special rules for involuntary conversions of real
property.--Section 2032A(h).
``(7) Exchanges of qualified real property.--Section
2032A(i).
``(f) Cross Reference.--See section 6324C for special lien on farm
and conservation land.''.
(2) Conforming amendment.--Section 2525 of such Code, as
amended by paragraph (1), is amended by striking ``sections
2522 and 2523'' and inserting ``sections 2522, 2523, and
2524''.
(3) Clerical amendment.--The table of sections for such
subchapter is amended by striking the last item and inserting
the following new items:
``Sec. 2524. Gift of farm and conservation land.
``Sec. 2525. Extent of deductions.''.
(d) Generation Skipping Tax.--
(1) Exclusion.--Subsection (b) of section 2611 of such Code
(relating to certain transfers excluded) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting
after paragraph (1) the following new paragraph:
``(2) any transfer which, if made inter vivos by an
individual, would be treated as a deduction under section 2524
(relating to gift of farm and conservation land), or''.
(2) Applicable rules.--Subsection (b) of section 2611 of
such Code is amended by adding at the end the following flush
sentence:
``For purposes of paragraph (2), rules similar to the rules of section
2524 shall apply.''.
(e) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, gifts made, and generation-
skipping transfers after December 31, 2008. | Farmland Preservation and Land Conservation Act of 2008 - Amends the Internal Revenue Code to allow an estate and gift tax exclusion for real property located in the United States which at the time of a decedent's death was being used as a farm for farming purposes or exclusively for conservation purposes. Imposes: (1) an additional estate or gift tax with respect to such property if an heir or donee disposes of or uses such property for other than farming or conservation purposes; and (2) a federal tax lien on such property until liability for estate or gift tax with respect to such property has been satisfied or has become unenforceable. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an unlimited exclusion from transfer taxes for certain farmland and land of conservation value, and for other purposes."} | 4,004 | 135 | 0.584309 | 1.562965 | 0.608644 | 2.816667 | 29.491667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Affordability Tax Relief
Act of 2008'' or the ``HEATR Act of 2008''.
SEC. 2. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
adding at the end the following new section:
``SEC. 6431. REFUNDABLE CREDIT FOR RESIDENTIAL ENERGY COSTS.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to the lesser of--
``(1) 33 percent of the amount of the taxpayer's
residential energy costs for such taxable year, or
``(2) $500.
``(b) Income Limitation.--
``(1) In general.--The amount allowable as a credit under
subsection (a) for any taxable year shall be reduced (but not
below zero) by an amount which bears the same ratio to the
amount so allowable (determined without regard to this
paragraph) as--
``(A) the amount (if any) by which the taxpayer's
adjusted gross income exceeds $50,000 (twice such
amount in the case of a joint return), bears to
``(B) $10,000 (twice such amount in the case of a
joint return).
``(2) Determination of adjusted gross income.--For purposes
of paragraph (1), adjusted gross income shall be determined
without regard to sections 911, 931, and 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Residential energy costs.--The term `residential
energy costs' means the amount paid or incurred by the taxpayer
during the taxable year--
``(A) to any utility for electricity or natural gas
used in the principal residence of the taxpayer during
the heating season, and
``(B) for any qualified fuel for use in the
principal residence of the taxpayer but only if such
fuel is the primary fuel for heating such residence.
``(2) Principal residence.--
``(A) In general.--The term `principal residence'
has the meaning given to such term by section 121;
except that no ownership requirement shall be imposed.
``(B) Special rules.--Such term shall not include--
``(i) any residence located outside the
United States, and
``(ii) any residence not used as the
taxpayer's principal place of abode throughout
the heating season.
``(3) Heating season.--The term `heating season' means
October, November, December, January, February, and March.
``(4) Qualified fuel.--The term `qualified fuel' includes
propane, heating oil, kerosene, wood, and wood pellets.
``(d) Other Special Rules.--
``(1) Individuals paying on level payment basis.--Amounts
paid for natural gas under a level payment plan for any period
shall be treated as paid for natural gas used during the
portion (if any) of the heating season during such period to
the extent of the amount charged for natural gas used during
such portion of the heating season. A similar rule shall apply
to electricity and any qualified fuel.
``(2) Homeowners associations, etc.--The application of
this section to homeowners associations (as defined in section
528(c)(1)) or members of such associations, and tenant-
stockholders in cooperative housing corporations (as defined in
section 216), shall be allowed by allocation, apportionment, or
otherwise, to the individuals paying, directly or indirectly,
for the residential energy cost so incurred.
``(3) Dollar amount in case of joint occupancy.--In the
case of a dwelling unit which is the principal residence by 2
or more individuals, the dollar limitation under subsection
(a)(2) shall be allocated among such individuals under
regulations prescribed by the Secretary.
``(4) Treatment as refundable credit.--For purposes of this
title, the credit allowed by this section shall be treated as a
credit allowed under subpart C of part IV of subchapter A of
chapter 1 (relating to refundable credits).
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in 2009, each of the dollar amounts contained in
subsections (a)(2) and (b)(1)(A) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) in the case of--
``(i) the dollar amount contained in
subsection (a)(2), the fuel price inflation
adjustment for 2009, and
``(ii) the dollar amount contained in
subsection (b)(1)(A), the cost-of-living
adjustment determined under section 1(f)(3) for
2009 by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B)
thereof.
``(2) Fuel price inflation adjustment.--For purposes of
paragraph (1)(B)(i)--
``(A) In general.--The fuel price inflation
adjustment for 2009 is the percentage (if any) by
which--
``(i) the CPI fuel component for October of
2008, exceeds
``(ii) the CPI fuel component for October
of 2007.
``(B) CPI fuel component.--The term `CPI fuel
component' means the fuel component of the Consumer
Price Index for All Urban Consumers published by the
Department of Labor.
``(3) Rounding.--
``(A) Credit amount.--
``(i) Credit amount.--If the dollar amount
in subsection (a)(2) (after being increased
under paragraph (1)), is not a multiple of $10,
such dollar amount shall be rounded to the
nearest multiple of $10.
``(ii) Income threshold.--If the dollar
amount in subsection (b)(1)(A) (after being
increased under paragraph (1)), is not a
multiple of $50, such dollar amount shall be
rounded to the next lowest multiple of $50.
``(f) Application of Section.--This section shall apply to
residential energy costs paid or incurred after the date of the
enactment of this section, in taxable years ending after such date, and
before January 1, 2010.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by striking ``or 6428 or'' and
inserting ``, 6428, 6431, or''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6431. Refundable credit for residential energy costs.''.
(c) 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. ELIMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS FOR MAJOR OIL COMPANIES.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentences:
``This subsection shall not apply during any taxable year with respect
to an applicable taxpayer (as defined in section 901(m)(2)) if during
the preceding taxable year for the production of oil, the average price
of crude oil in the United States is greater than $34.71 per barrel,
and for the production of natural gas, the average wellhead price of
natural gas in the United States is greater than $4.34 per 1,000 cubic
feet. For purposes of the preceding sentence, the Secretary shall
determine average prices, taking into consideration the most recent
data reported by the Energy Information Administration. For taxable
years beginning after December 31, 2008, each dollar amount specified
in this subsection shall be adjusted to reflect changes for the 12-
month period ending the preceding September 30 in the Consumer Price
Index for All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 4. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO MAJOR
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 (n)
and by inserting after subsection (l) the following new subsection:
``(m) Special Rules Relating to Major 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 an applicable taxpayer (as defined in section
5896(b)) 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) Applicable taxpayer.--For purposes of this
subsection, the term `applicable taxpayer' means, with respect
to operations in the United States--
``(A) any integrated oil company (as defined in
section 291(b)(4)), and
``(B) any other producer or refiner of crude oil
with gross receipts from the sale of such crude oil or
refined oil products for the taxable year exceeding
$100,000,000.
``(3) 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.
``(4) 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.''.
(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.
SEC. 5. ELIMINATION OF ENHANCED OIL RECOVERY CREDIT FOR MAJOR OIL
COMPANIES.
(a) In General.--Section 43 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(f) Nonapplication of Section.--This section shall not apply
during any taxable year with respect to an applicable taxpayer (as
defined in section 901(m)(2)) if during the preceding taxable year for
the production of oil, the average price of crude oil in the United
States is greater than $34.71 per barrel. For purposes of the preceding
sentence, the Secretary shall determine average prices, taking into
consideration the most recent data reported by the Energy Information
Administration. For taxable years beginning after December 31, 2008,
the dollar amount specified in this paragraph shall be adjusted to
reflect changes for the 12-month period ending the preceding September
30 in the Consumer Price Index for All Urban Consumers published by the
Bureau of Labor Statistics of the Department of Labor.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Home Energy Affordability Tax Relief Act of 2008 or the HEATR Act of 2008 - Amends the Internal Revenue Code to allow individual taxpayers an income-based refundable tax credit for residential energy costs. Limits such credit to the lesser of 33% of such costs or $500.
Eliminates for major integrated oil companies: (1) the tax deduction for intangible drilling and development costs in taxable years in which the average price of crude oil is greater than $34.71 per barrel and the average price of natural gas is greater that $4.34 per 1,000 cubic feet; and (2) the tax credit for enhanced oil recovery costs in taxable years in which the average price of crude oil is greater than $34.71 per barrel. Denies such oil companies and certain producers or refiners of crude oil a foreign tax credit for payments to certain foreign countries or U.S. possessions from which they receive a specified economic benefit as a dual capacity taxpayer. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit against income tax to assist individuals with high residential energy costs, and for other purposes."} | 2,948 | 202 | 0.534275 | 1.503745 | 0.868179 | 2.920904 | 14.949153 | 0.920904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Broadband Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``advanced telecommunications capability'' has
the meaning given the term in section 706(d) of the
Telecommunications Act of 1996 (47 U.S.C. 1302(d));
(2) the term ``advanced telecommunications capability or
services'' means--
(A) advanced telecommunications capability; or
(B) services using advanced telecommunications
capability;
(3) 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. 5304);
(4) the term ``public provider'' means--
(A) a State or political subdivision thereof;
(B) any agency, authority, or instrumentality of a
State or political subdivision thereof;
(C) an Indian tribe; or
(D) any entity that is owned by, controlled by, or
otherwise affiliated with--
(i) a State or political subdivision
thereof;
(ii) an agency, authority, or
instrumentality of a State or political
subdivision thereof; or
(iii) an Indian tribe;
(5) the term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, and
any other territory or possession of the United States; and
(6) the term ``telecommunications service'' has the meaning
given the term in section 3 of the Communications Act of 1934
(47 U.S.C. 153).
SEC. 3. LOCAL GOVERNMENT PROVISION OF TELECOMMUNICATIONS SERVICES AND
ADVANCED TELECOMMUNICATIONS CAPABILITY AND SERVICES.
No statute, regulation, or other legal requirement of a State, a
political subdivision thereof, or an Indian tribe may prohibit, or have
the effect of prohibiting or substantially inhibiting, any public
provider from providing telecommunications services or advanced
telecommunications capability or services to any person or any public
or private entity.
SEC. 4. SAFEGUARDS.
(a) Administration.--To the extent any public provider regulates
competing providers of telecommunications services or advanced
telecommunications capability or services, the public provider shall
apply its ordinances, rules, and policies, including those relating to
the use of public rights-of-way, permitting, performance bonding, and
reporting, without discrimination in favor of--
(1) the public provider; or
(2) any other provider of telecommunications services or
advanced telecommunications capability or services that the
public provider owns or with which the public provider is
affiliated.
(b) Application of General Laws.--Nothing in this Act shall be
construed to exempt a public provider that offers telecommunications
services or advanced telecommunications capability or services to the
public from any Federal communications law or regulation that applies
to all providers of telecommunications services or advanced
telecommunications capability or services to the public.
SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED.
It is the sense of Congress that a public provider that intends to
provide telecommunications services or advanced telecommunications
capability or services to the public should consider the potential
benefits of a public-private partnership before providing the
capability or services.
SEC. 6. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY TO BID.
(a) Notice and Opportunity To Be Heard.--Before a public provider
may provide telecommunications services or advanced telecommunications
capability or services to the public, either directly or through a
public-private partnership, the public provider shall--
(1) publish notice of its intention to do so;
(2) generally describe the capability or services to be
provided and the proposed coverage area for the capability or
services;
(3) identify any special capabilities or services to be
provided in low-income areas or other demographically or
geographically defined areas;
(4) provide local residents and private-sector entities
with an opportunity to be heard on the costs and benefits of
the project and potential alternatives to the project,
including any bids under paragraph (5); and
(5) provide private-sector entities with an opportunity to
bid to provide the capability or services during the 30-day
period beginning on the date on which the notice is published
under paragraph (1).
(b) Application to Existing Projects and Pending Proposals.--
Subsection (a) shall not apply to--
(1) any contract or other arrangement under which a public
provider is providing telecommunications services or advanced
telecommunications capability or services to the public as of
the date of enactment of this Act; or
(2) any proposal by a public provider to provide
telecommunications services or advanced telecommunications
capability or services to the public--
(A) that is in the request-for-proposals process as
of the date of enactment of this Act;
(B) the infrastructure for which is in the process
of being built as of the date of enactment of this Act;
or
(C) that has been approved by referendum as of the
date of enactment of this Act.
SEC. 7. EXEMPTIONS.
The requirements under sections 4 and 6 shall not apply--
(1) when a public provider provides telecommunications
services or advanced telecommunications capability or services
other than--
(A) to the public; or
(B) to such classes of users as to make the
capability or services effectively available to the
public; or
(2) during an emergency declared by the President, the
Governor of the State in which the public provider is located,
or any other elected local official authorized by law to
declare a state of emergency in the jurisdiction in which the
public provider is located.
SEC. 8. USE OF FEDERAL FUNDS.
If any project providing telecommunications services or advanced
telecommunications capability or services under this Act fails due to
bankruptcy or is terminated by a public provider, no Federal funds may
be provided to the public provider specifically to assist the public
provider in reviving or renewing that project, unless the failure due
to bankruptcy occurred in a jurisdiction that is subject to a
declaration by the President of a major disaster, as defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122). | Community Broadband Act of 2017 This bill bars state, local, or tribal governments from prohibiting or inhibiting such government entities or their affiliates from serving as "public providers" of telecommunications services or advanced telecommunications capabilities to any person or any public or private entity. The bill prohibits such government and government-affiliated providers of public telecommunications services from favoring themselves over competing providers in the application of regulations, ordinances, public rights-of-way, or permitting requirements. The bill expresses the sense of Congress that such governments or affiliates intending to provide public telecommunications services should consider public-private partnerships. Public providers must provide public notice and opportunities for public input and private-sector bidding before providing telecommunications service to the public. The bill provides an exemption from the prohibition on such governments favoring themselves in the application of regulations, and from the requirement to provide public notice and private bidding opportunities, during an emergency declared by the President, a governor, or an authorized elected local official. | {"src": "billsum_train", "title": "Community Broadband Act of 2017"} | 1,429 | 248 | 0.575446 | 1.56475 | 0.946443 | 2.358289 | 6.812834 | 0.807487 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Perkins County Rural Water System
Act of 1996''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are insufficient water supplies of reasonable
quality available to the members of the Perkins County Rural
Water System located in Perkins County, South Dakota, and the
water supplies that are available do not meet the minimum
health and safety standards, thereby posing a threat to public
health and safety;
(2) in 1977 the North Dakota State Legislature authorized
and directed the State Water Commission to conduct the
Southwest Area Water Supply Study, which included water service
to a portion of Perkins County, South Dakota;
(3) the Garrison Diversion Unit Reformulation Act of 1986
authorized the Southwest Pipeline project as an eligible
project for Federal cost share participation;
(4) the Perkins County Rural Water System has continued to
be recognized by the State of North Dakota, the Southwest Water
Authority, the North Dakota Water Commission, the Department of
the Interior, and the Congress of the United States as a
component of the Southwest Pipeline Project; and
(5) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Perkins County
Rural Water System, Inc., members is the Missouri River as
delivered by the Southwest Pipeline Project in North Dakota.
(b) Purposes.--The Congress declares that the purposes of sections
1 through 13 are to--
(1) ensure a safe and adequate municipal, rural, and
industrial water supply for the members of the Perkins County
Rural Water Supply System, Inc., in Perkins County, South
Dakota;
(2) assist the citizens of the Perkins County Rural Water
Supply System, Inc., to develop safe and adequate municipal,
rural, and industrial water supplies; and
(3) promote the implementation of water conservation
programs by the Perkins County Rural Water System, Inc.
SEC. 3. DEFINITIONS.
As used in this Act (unless the context clearly requires
otherwise):
(1) Feasibility study.--The term ``feasibility study''
means the study entitled ``Feasibility Study for Rural Water
System for Perkins County Rural Water System, Inc.'', as
amended in March 1995.
(2) Project construction budget.--The term ``project
construction budget'' means the description of the total amount
of funds that are needed for the construction of the water
supply system, as contained in the feasibility study.
(3) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements'' means
all power requirements that are incidental to the operation of
intake facilities, pumping stations, water treatment
facilities, reservoirs, and pipelines up to the point of
delivery of water by the Perkins County Rural Water System to
each entity that distributes water at retail to individual
users.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Water supply system.--The term ``water supply system''
means the Perkins County Rural Water System, Inc., that is
established and operated substantially in accordance with the
feasibility study.
SEC. 4. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.
(a) In General.--The Secretary is authorized to make grants to the
Perkins County Rural Water System, Inc., a nonprofit corporation, for
the planning and construction of the water supply system.
(b) Service Area.--The water supply system shall provide for safe
and adequate municipal, rural, and industrial water supplies,
mitigation of wetlands areas, and water conservation in Perkins County,
South Dakota.
(c) Amount of Grants.--Grants made available under subsection (a)
to the Perkins County Water System, Inc., shall not exceed the amount
authorized under section 10.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply system until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) have been met;
(2) a final engineering report has been prepared and
submitted to the Congress for a period of not less than 90 days
before the commencement of construction of the system; and
(3) a water conservation program has been developed and
implemented.
SEC. 5. WATER CONSERVATION.
(a) Purpose.--The water conservation program required under this
section shall be designed to ensure that users of water from the water
supply system will use the best practicable technology and management
techniques to conserve water use.
(b) Description.--The water conservation programs shall include--
(1) low consumption performance standards for all newly
installed plumbing fixtures;
(2) leak detection and repair programs;
(3) rate structures that do not include declining block
rate schedules for municipal households and special water users
(as defined in the feasibility study);
(4) public education programs;
(5) coordinated operation between the Perkins County Rural
Water System and any preexisting water supply facilities within
its service area; and
(6) coordinated operation between the Southwest Pipeline
Project of North Dakota and the Perkins County Rural Water
System, Inc., of South Dakota.
(c) Review and Revision.--The programs described in subsection (b)
shall contain provisions for periodic review and revision, in
cooperation with the Secretary.
SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation of fish and wildlife losses incurred as a result of the
construction and operation of the Perkins County Rural Water Supply
System shall be on an acre-for-acre basis, based on ecological
equivalency, concurrent with project construction, as provided in the
feasibility study.
SEC. 7. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future irrigation and
drainage pumping for the Pick-Sloan Missouri River Basin Program, the
Western Area Power Administration shall make available the capacity and
energy required to meet the pumping and incidental operational
requirements of the water supply system during the period beginning May
1, and ending October 31, of each year.
(b) Conditions.--The capacity and energy described in subsection
(a) shall be made available on the following conditions:
(1) The water supply system shall be operated on a not-for-
profit basis.
(2) The water supply system shall contract to purchase its
entire electric service requirements, including the capacity
and energy made available under subsection (a), from a
qualified preference power supplier that itself purchases power
from the Western Area Power Administration.
(3) The rate schedule applicable to the capacity and energy
made available under subsection (a) shall be the firm power
rate schedule of the Pick-Sloan Eastern Division of the Western
Area Power Administration in effect when the power is delivered
by the Administration.
(4) It shall be agreed by contract among--
(A) the Western Area Power Administration;
(B) the power supplier with which the water supply
system contracts under paragraph (2);
(C) the power supplier of the entity described in
subparagraph (B); and
(D) the Perkins County Rural Water System, Inc.,
that in the case of the capacity and energy made available
under subsection (a), the benefit of the rate schedule
described in paragraph (3) shall be passed through to the water
supply system, except that the power supplier of the water
supply system shall not be precluded from including, in the
charges of the supplier to the water system for the electric
service, the other usual and customary charges of the supplier.
SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATES.
This Act shall not limit the authorization for water projects in
South Dakota and North Dakota under law in effect on or after the date
of enactment of this Act.
SEC. 9. WATER RIGHTS.
Nothing in this Act--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or ground water,
whether determined by past or future interstate compacts or by
past or future legislative or final judicial allocations;
(3) preempts or modifies any Federal or State law, or
interstate compact, dealing with water quality or disposal; or
(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.
SEC. 10. FEDERAL COST SHARE.
The Secretary is authorized to provide funds equal to 75 percent
of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after May 1, 1994.
SEC. 11. NON-FEDERAL COST SHARE.
The non-Federal share of the costs allocated to the water supply
system shall be 25 percent of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 4; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after May 1, 1994.
SEC. 12. BUREAU OF RECLAMATION AUTHORIZATION.
(a) Authorization.--The Secretary is authorized to allow the Bureau
of Reclamation to provide construction oversight to the water supply
system for those areas of the water supply system that are described in
section 4(b).
(b) Project Oversight Administration.--The amount of funds used by
the Bureau of Reclamation for planning and construction of the water
supply system may not exceed an amount equal to 3 percent of the amount
provided in the total project construction budget for the portion of
the project to be constructed in Perkins County, South Dakota.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $15,000,000 for the
planning and construction of the water system under section 4, plus
such sums as are necessary to defray increases in development costs
reflected in appropriate engineering cost indices after May 1, 1994. | Perkins County Rural Water System Act of 1996 - Authorizes the Secretary of the Interior to make grants for the planning and construction of the Perkins County Rural Water System, Inc. Prohibits the obligation of System construction funds until: (1) Federal environmental compliance requirements have been met; (2) a final System engineering report has been prepared and submitted to the Congress for at least a 90-day period; and (3) a water conservation program has been developed and implemented.
Requires the water conservation program to be designed to ensure that System water users will use the best practicable technology and management techniques to conserve water use.
Requires the mitigation of fish and wildlife losses during System construction and operation.
Directs the Western Area Power Administration to make available, from power produced under the Pick-Sloan Missouri River Basin Program, the capacity and energy required to meet the pumping and incidental operational requirements of the System from May 1 to October 31 of each year. Provides power use conditions.
States that this Act does not limit: (1) the authorization for water projects in North and South Dakota under any law; or (2) current water rights.
Provides the Federal share (75 percent) of System costs.
Authorizes the Secretary to allow the Bureau of Reclamation to provide construction oversight to a specified service area within the System, limiting oversight costs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Perkins County Rural Water System Act of 1996"} | 2,193 | 290 | 0.576115 | 1.787005 | 0.751639 | 3.805147 | 7.702206 | 0.922794 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defunding the Corrupt and
Incompetent United Nations Act''.
SEC. 2. FINDINGS.
(a) In General.--Congress finds the following:
(1) The United States pays far more than any other nation
for United Nations operations, which are divided into three
program baskets: regular budget, peacekeeping budget, and
specialized programs such as developmental and disaster
assistance.
(2) Despite the United States paying an overly large share
of the budget, United Nations treaties are often in opposition
to the interests of the United States, so the United States is
effectively paying others to undermine our foreign policy.
(3) There also is a global lack of accountability coupled
with incompetence at the United Nations, with terrible crimes
and genocides happening under the watch of the United Nations.
(4) Finally, a constant and disproportionate use of United
Nations time and money is dedicated to persecuting Israel, the
only democracy in the Middle East.
(5) For the reasons specified in paragraphs (1) through
(4), which are further detailed in subsections (b) through (e),
the United States will no longer provide funds to this corrupt
and incompetent body unless very significant changes are made
immediately.
(b) Unfair Budget Burden and Unaccountability.--Congress finds the
following:
(1) The United States was assessed for contributions to the
regular United Nations budget and the United Nations
peacekeeping budget totaling approximately $3,000,000,000 of an
approximately $11,000,000,000 combined United Nations budget
for those purposes in 2016.
(2) At under five percent of the world population, 22
percent of the world nominal Gross Domestic Product (GDP) but
16.1 percent of world GDP by purchasing power parity, the
United States was assessed to contribute 22 percent of the
regular United Nations budget in 2016.
(3) This is a higher regular assessment than the 176 least
assessed United Nations member states combined.
(4) A majority of United Nations member states will be
assessed total contributions of less than $1,000,000 a year for
the United Nations regular and peacekeeping budgets combined.
The least assessed member states historically pay a net several
thousand dollars to the United Nations after collecting lavish
travel subsidies from the United Nations.
(5) The 113 members of the Non-Aligned Movement, which
frequently votes against United States and democratic proposals
and interests, were collectively assessed approximately
$559,000,000 of United Nations regular and peacekeeping budgets
in 2016.
(6) The 56 countries of the Organization of Islamic
Cooperation (OIC), including 10 of the world's top 20 oil
producing countries, together were assessed approximately
$406,000,000 to the regular and peacekeeping budgets of the
United Nations in 2016. These countries also frequently vote
against United States and democratic proposals and interests.
(7) The other four permanent members of the United Nations
Security Council--the Russian Federation, the People's Republic
of China, the United Kingdom, and France--were assessed a
combined $2,734,000,000 in 2016 to the United Nations, compared
to the United States $2,959,000,000 assessment for the United
Nations regular budget and United Nations peacekeeping budget.
(8) The United Nations requires two-thirds of member states
to approve the United Nations regular budget but does not have
a commonsense rule to require that budgets be approved by
member states that contribute two-thirds of the money. This
means member states that make minimal contributions can approve
the regular budget over the objection of the United States and
other major contributors.
(9) However, the United States also is assessed 28.4691
percent of the United Nations peacekeeping budget for 2017
despite the bipartisan Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; enacted April
30, 1994), which prohibits the United States from making
contributions that exceed 25 percent of the peacekeeping
budget. Currently, the difference between 25 percent and the
28.4691 percent assessed levels amounts to $275,000,000.
(10) This is a higher peacekeeping budget assessment than
the 185 least assessed United Nations member states combined.
(11) In addition, the United States Government separately
contributes more than $5,000,000,000 per year for other United
Nations programs. There is no comprehensive report to Congress
about these United Nations agency requirements. The last
comprehensive report was for fiscal year 2010.
(c) United Nations Treaties That Are Against United States
Interests.--Congress finds the following:
(1) Ratification of the United Nations Convention on the
Law of the Sea (UNCLOS) would subject the United States to
internationally based environmental mandates and place new
financial mandates on United States businesses, and therefore
is not in the interests of the United States.
(2) The recent effort under the auspices of the United
Nations Framework Convention on Climate Change (UNFCCC) to
reestablish an international regulation regime to end global
warming, which would heavily target fossil fuels, is against
United States interests.
(3) Ratification of the Arms Trade Treaty, which would
closely regulate global arms trade exports and impose
regulations on United States gun manufacturers, is not in the
interests of the United States.
(d) Global Lack of Accountability and Incompetence.--Congress finds
the following:
(1) In the civil war in Sri Lanka from 1983 to 2009, the
United Nations did not investigate claims of war crimes and
made no attempt to protect the civilian population, resulting
in 6,500 individuals being murdered inside supposed United
Nations ``safe zones''.
(2) The United Nations did not acknowledge the replacement
government of Cambodia after Pol Pot and the Khmer Rouge until
1994, after Paul Pot's communist authorities murdered more than
2,500,000 Cambodians, or 33 percent of the population.
(3) In 1994, after 10 Belgian peacekeepers were murdered in
Rwanda, United Nations troops directly abandoned hundreds of
Tutsis who were murdered by Hutus, and in the process abandoned
the country to a genocide that left approximately 1,000,000
individuals dead, or nearly 20 percent of the population.
(4) After several United States and Pakistani troops were
killed in 1993, the United Nations withdrew all peacekeeping
troops from Somalia in 1995.
(5) In 1995, United Nations peacekeepers in northeastern
Bosnia failed to prevent Serbs from murdering 8,000 men and
boys in Srebrenica.
(6) From 2003 to 2005 the United Nations did not enter
Sudan despite organized attacks on populated villages by
Janjaweed militant groups. In 2010 an estimated 300,000
Sudanese civilians were killed.
(7) United Nations peacekeeping audits have revealed
mismanagement, fraud, and corruption in procurement.
(8) United Nations peacekeepers were the source of the
cholera outbreak in Haiti beginning in 2010 that left more than
8,000 individuals dead and 600,000 seriously sickened.
(9) United Nations agencies are in the bottom half of
effectiveness among bilateral, multilateral, and United Nations
aid agencies based on transparency, specialization,
selectivity, ineffective aid channels, and overhead cost
(``Rhetoric versus Reality: The Best and Worst of Aid Agency
Practices'', William Easterly and Claudia R. Williamson).
(10) The United Nations Security Council attempted to
invoke sanctions under chapter VII of the Charter of the United
Nations to prevent genocide in the recent civil war in Syria,
but the Russian Federation and the People's Republic of China
prevented action by the United Nations, resulting in more than
60,000 civilian deaths and thousands of other civilians
displaced.
(11) A United Nations study found that United Nations
peacekeeping missions routinely avoid using force to protect
civilians who are under attack, intervening in only 20 percent
of cases despite being authorized to do so by the United
Nations Security Council (``United Nations General Assembly,
Evaluation of the Implementation and Results of Protection of
Civilians Mandates in United Nations Peacekeeping Operations,
No. A/68/787'', Reuters, May 7, 2014).
(12) United Nations peacekeepers continue to abuse the
unprotected populations they are supposed to be helping (Code
Blue, ``A Practical Plan to End Impunity for Peacekeeper Sexual
Abuse'', October 13, 2016).
(13) United Nations peacekeepers in South Sudan in 2016
failed to protect civilians from murder and rape even within
sight of United Nations soldiers or inside supposedly protected
safe zones.
(e) Constant and Disproportionate Use of United Nations Time and
Money To Harass Israel.--Congress finds the following:
(1) The United Nations is hostile to our closest ally in
the Middle East, Israel, which is also the most developed
democracy in that region.
(2) The United Nations Security Council passed United
Nations Security Council Resolution 2324 on December 23, 2016,
to condemn Israeli settlements, while the Obama administration
backstabbed Israel by abstaining instead of vetoing this
dangerous resolution. As Senator Charles Schumer said,
``Whatever one's views are on settlements, anyone who cares
about the future of Israel and peace in the region knows that
the United Nations, with its one-sidedness, is exactly the
wrong forum to bring about peace.''.
(3) The United Nations voted in 2012 to grant the
Palestinian Authority ``non-member state'' permanent observer
status.
(4) United Nations Human Rights Council (UNHRC) also acts
contrary to United States interests. For example, in the ten
years of June 2006 through June 2016, when the UNHRC acts to
condemn a specific country, most of the time it condemns
Israel. That is to say, the UNHRC singles Israel out for
solitary condemnation more than all the other countries of the
world put together.
(5) The UNHRC has 10 permanent agenda items, one of which
(Agenda Item 7, ``Human Rights Situation in Palestine and Other
Occupied Arab Territories'') is criticism of Israel.
(6) The United Nations Relief and Works Agency for
Palestinian Refugees in the Near East (UNRWA), contrary to the
practice of the United Nations High Commissioner for Refugees,
defines Palestinian ``refugee'' status as a hereditary
entitlement over generations. It also failed to stop Hamas from
stockpiling missiles in schools, and did not immediately report
this violation of civilian rights and standard of conflict to
the United Nations Security Council.
(7) The United Nations Durban Declaration of the World
Conference Against Racism in 2001 singled out only Israel for
condemnation for racist policies, of all the countries in the
world.
(8) Twenty Arab countries use the United Nations to vote
against United States interests most of the time but collect
annual foreign assistance from the United States. For example,
in 2017 Egypt is slated to receive $1,500,000,000 in
assistance, Jordan $1,000,000,000 and Iraq $500,000,000. These
figures do not include all amounts of United States military
assistance given in direct funding, in-kind grants, and excess
defense equipment.
(9) The Palestinian Authority also receives over
$350,000,000 per year from the United States in humanitarian
assistance that the Palestinian Authority routinely uses to
inspire hate in schools, among other purposes.
(10) All this United Nations anti-Israel activity goes on
despite Israel being the only democracy in the Middle East,
giving citizenship to many Arab citizens, holding open
elections and an independent judiciary, sponsoring a vibrant
civil society, and allowing freedom for press, women, religious
beliefs, nongovernmental organizations, and gay lifestyles.
(11) Israel also has traded land for peace but Hamas
continues to be dedicated to the destruction of Israel. When
Israel withdrew from Gaza, the territory fell under the control
of Hamas, which launched regular rocket and terror attacks on
Israel from Gaza.
SEC. 3. PROHIBITION ON ASSESSED AND VOLUNTARY CONTRIBUTIONS TO THE
UNITED NATIONS.
(a) In General.--No funds may be obligated or expended to provide
assessed or voluntary contributions to the United Nations, the United
Nations system, or United Nations-affiliated agencies during the period
beginning on the date of the enactment of this Act and ending on the
date on which the President certifies to Congress that the requirements
and criteria described in subsection (b) are met.
(b) Requirements and Criteria Described.--The requirements and
criteria described in this subsection are the following:
(1) The United Nations adopts a rule providing that for the
United Nations regular budget to be approved, not only must the
currently required two-thirds of member states approve, but
also a combination of member states whose assessed
contributions make up at least 67 percent of the regular budget
must approve.
(2) The Director of the Office of Management and Budget
submits to Congress a report on all United States assessed and
voluntary contributions to the United Nations system.
(3) The Secretary of State submits to Congress a report
providing a comprehensive analysis of United States interests
supported by United States memberships in international
organizations, United States contributions to these
organizations, and whether these interests could be achieved by
other means. This report additionally shall assess which United
Nations organizations contain good or poor value for their
money, and recommending which if any of such organization
merits United States support, and which do not merit United
States support.
(4) The Office of Inspector General of the Department of
State establishes an office responsible for inspecting and
auditing the use of United States contributions to
international organizations.
(5) The Secretary-General of the United Nations and the
heads of other international organizations described in
paragraph (4) provide assurances to the United States
Government that such organizations will cooperate with the
Department of State office established pursuant to paragraph
(4).
(6) The Secretary of State submits to Congress an
evaluation of long-running United Nations peacekeeping missions
to ascertain which such missions are needed and which such
missions and participants are advancing United States and
democratic ideals and interests.
(7) The United Nations revises its pay structure so that
salaries do not exceed equivalent United States civil service
salaries.
(8) The United Nations reinstates and conducts ongoing,
annual, robust reviews of its own mandates to determine which
such mandates are outmoded and should be eliminated or
terminated.
(9) The United Nations reinstates its Procurement Task
Force that successfully reviewed large scale fraud in the
$600,000,000 Iraqi oil for food program but was subsequently
shut down.
(10) The United Nations adopts reforms to make the United
Nations Office of Internal Oversight Services (OIOS) and ethics
office truly independent, and strengthens whistleblower
protections.
(11) The United Nations demonstrates its peacekeepers are
proactively protecting civilians, and adopts changes to insure
that troop contributing countries investigate and punish those
found to have not followed their duties and/or to have
committed crimes.
SEC. 4. FURTHER LIMITATION ON ASSESSED AND PEACEKEEPING CONTRIBUTIONS
TO THE UNITED NATIONS.
Beginning on the day after the date on which the President
certifies to Congress that the requirements and criteria described in
section 3(b) are met--
(1) funds obligated or expended to provide assessed
contributions to the United Nations regular budget may not
exceed 18 percent of the total assessed contributions to such
budget; and
(2) funds obligated or expended to provide assessed
contributions to the United Nations peacekeeping budget may not
exceed 25 percent of the total contributions to such budget. | Defunding the Corrupt and Incompetent United Nations Act This bill prohibits the obligation or expenditure of funds to provide contributions to the United Nations, the U.N. system, or U.N.-affiliated agencies until the President certifies to Congress that specified requirements are met, including that the U.N.: adopts a rule providing that, for its regular budget to be approved, not only must the currently required two-thirds of member states approve, but also a combination of member states whose assessed contributions make up at least 67% of the budget must approve; revises its pay structure so that salaries do not exceed equivalent U.S. civil service salaries; reinstates and conducts ongoing reviews to determine which of its mandates are outmoded and should be terminated; reinstates its Procurement Task Force; adopts reforms to make its Office of Internal Oversight Services and ethics office truly independent and strengthens whistleblower protections; and demonstrates that its peacekeepers are proactively protecting civilians and adopts changes to insure that troop contributing countries investigate and punish those found to have not followed their duties and/or to have committed crimes. Additional requirements include specified actions by the Office of Management and Budget, the Secretary-General of the U.N., international organizations receiving U.S. assistance, and the Department of State, including establishment of an office responsible for inspecting and auditing the use of U.S. contributions to international organizations. Once the President certifies that the requirements have been met, funds obligated or expended to provide assessed contributions to: (1) the U.N.'s regular budget may not exceed 18% of the total assessed contributions to such budget, and (2) the U.N.'s peacekeeping budget may not exceed 25% of the total contributions to such budget. | {"src": "billsum_train", "title": "Defunding the Corrupt and Incompetent United Nations Act"} | 3,251 | 388 | 0.479365 | 1.789179 | 0.636446 | 4.320755 | 9.855346 | 0.91195 |
SECTION 1. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) According to the most recent United States Census,
employer-based health insurance is the largest source of health
insurance coverage in the United States. Of those employed, 70
percent receive employment-based health insurance. Of
unemployed Americans, 30 percent receive employer-sponsored
health insurance.
(2) Despite the large percentages of coverage, as health
care costs climb, the percentage of Americans who receive
health insurance through employers has fallen significantly
over the last decade--from 70 percent nationwide in 2000 to 60
percent in 2011, according to a report by the Robert Wood
Johnson Foundation.
(3) According to recent surveys done by the National
Business Group on Health and the Kaiser Family Foundation, most
companies continue to provide health insurance for employees
and wish to continue doing so into the future.
(4) Employers who offer insurance will not contribute
additional risk to the health insurance exchanges established
in the Patient Protection and Affordable Care Act (in this Act
referred to as ``PPACA'').
(5) The transitional reinsurance program, established in
section 1341 of PPACA, is intended to stabilize risk in the
individual health insurance market during the first three years
of the health insurance exchanges, as established by that Act.
(6) PPACA also requires that the Treasury collect a fee for
each employer-sponsored covered life in order to pay for the
transitional reinsurance program.
(7) This fee is a disincentive for employers to continue
offering coverage to all employees, and does not give employers
any benefits of the transitional reinsurance program.
(b) Purpose.--It is the purpose of this Act to remove the current
funding mechanism for the transitional reinsurance program. Employer-
sponsored insurance should be supported so that Americans can sustain
quality health coverage.
SEC. 2. CHANGES IN FUNDING FOR TRANSITIONAL REINSURANCE PROGRAM IN THE
INDIVIDUAL MARKET.
Section 1341(b) of the Patient Protection and Affordable Care Act
(Public Law 111-148; 42 U.S.C. 18061(b)) is amended--
(1) in paragraph (1), by striking ``3-year period'' and
inserting ``1-year period'' each place it appears;
(2) in paragraph (3)(A), by striking ``36-month period''
and inserting ``12-month period'';
(3) in paragraph (3)(B)(iii), by striking ``,
$6,000,000,000 for plan years beginning 2015, and
$4,000,000,000 for plan years beginning in 2016'';
(4) in paragraph (3)(B)(iv), by striking ``, an additional
$2,000,000,000 for 2015, and an additional $1,000,000,000 for
2016'';
(5) in paragraph (4)(A), by striking ``used in any of the
three calendar years for which amounts are collected based on
the reinsurance needs of a particular period or to reflect
experience in a prior period'' and inserting ``only used with
respect to the calendar year for which amounts are collected
based on the reinsurance needs for that year, as determined by
the Secretary'';
(6) in paragraph (4), by amending subparagraph (B) to read
as follows:
``(B) amounts remaining unexpended as of December,
31, 2015, shall be deposited into the general fund of
the Treasury of the United States.''; and
(7) by adding at the end the following new paragraphs:
``(5) Availability of funding for states for 2015 and
2016.--
``(A) Authorization of appropriations; payment
formula.--There are hereby authorized to be
appropriated, based on the best estimates of the NAIC,
$6,000,000,000 for plan years beginning in 2015 and
$4,000,000,000 for plan years beginning in 2016 to make
reinsurance payments to health insurance issuers that
cover high-risk individuals in the individual market
(excluding grandfathered health plans) that insure
high-risk individuals consistent with this paragraph.
``(B) Fund availability.--The amounts appropriated
under subparagraph (A) for plans years beginning in a
calendar year shall be allocated among States and only
used with respect to the calendar year for which
amounts are collected based on the reinsurance needs
for that particular year, as determined by the
Secretary and the amounts remaining unexpended as of
December 31 of the following year shall be deposited
into the general fund of the Treasury of the United
States.
``(6) GAO audit of use of 2014 funds.--The Comptroller
General of the United States shall provide for an audit of
expenditures made under this subsection with respect plans
years beginning during 2014. Such audit shall include a
determination of the number of claims submitted by health
insurance issuers, the amount of such claims, a comparison of
the amount of such claims and the amounts collected to cover
such claims, and the amount of reinsurance payments made under
this section to health insurance issuers. The Comptroller
General shall submit a report on such audit to Congress not
later than 3 months after the last date that such reinsurance
payments are made, but not later than July 1, 2016.''. | This bill amends the Patient Protection and Affordable Care Act to eliminate the funding mechanism for the transitional reinsurance program. Currently, issuers of individual, group, and self-funded plans are required to pay a fee in 2014, 2015, and 2016 to fund the three-year transitional reinsurance program. Under the transitional reinsurance program, non-grandfathered individual market plans that enroll high-cost individuals are eligible for reinsurance payments. This bill eliminates the requirement for issuers to pay a fee in 2015 and 2016. Instead, it authorizes appropriations for the program. This bill also requires the Government Accountability Office to audit 2014 expenditures under the transitional reinsurance program. | {"src": "billsum_train", "title": "To amend section 1341 of the Patient Protection and Affordable Care Act to repeal the funding mechanism for the transitional reinsurance program in the individual market, and for other purposes."} | 1,121 | 155 | 0.432447 | 1.207269 | 0.819901 | 2.370968 | 8.540323 | 0.83871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anthracite Region Redevelopment Act
of 2000''.
SEC. 2. CREDIT TO HOLDERS OF QUALIFIED ANTHRACITE REGION REDEVELOPMENT
BONDS.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED ANTHRACITE REGION
REDEVELOPMENT BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified anthracite region redevelopment bond on a credit allowance
date of such bond which occurs during the taxable year, there shall be
allowed as a credit against the tax imposed by this chapter for such
taxable year an amount equal to the sum of the credits determined under
subsection (b) with respect to credit allowance dates during such year
on which the taxpayer holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance date
for a qualified anthracite region redevelopment bond is 25
percent of the annual credit determined with respect to such
bond.
``(2) Annual credit.--The annual credit determined with
respect to any qualified anthracite region redevelopment bond
is the product of--
``(A) the applicable credit rate, multiplied by
``(B) the outstanding face amount of the bond.
``(3) Applicable credit rate.--For purposes of paragraph
(1), the applicable credit rate with respect to an issue is the
rate equal to an average market yield (as of the day before the
date of issuance of the issue) on outstanding long-term
corporate debt obligations (determined under regulations
prescribed by the Secretary).
``(4) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period ending
on a credit allowance date, the amount of the credit determined
under this subsection with respect to such credit allowance
date shall be a ratable portion of the credit otherwise
determined based on the portion of the 3-month period during
which the bond is outstanding. A similar rule shall apply when
the bond is redeemed.
``(c) Qualified Anthracite Region Redevelopment Bond.--For purposes
of this section--
``(1) In general.--The term `qualified anthracite region
redevelopment bond' means any bond issued as part of an issue
if--
``(A) the issuer is an approved special purpose
entity,
``(B) all of the net proceeds of the issue are
deposited into either--
``(i) an approved segregated program fund,
or
``(ii) a sinking fund for payment of
principal on the bonds at maturity,
``(C) the issuer designates such bond for purposes
of this section, and
``(D) the term of each bond which is part of such
issue does not exceed 30 years.
Not more than \1/6\ of the net proceeds of an issue may be
deposited into a sinking fund referred to in subparagraph
(B)(ii).
``(2) Limitation on amount of bonds designated.--The
maximum aggregate face amount of bonds which may be designated
under paragraph (1) shall not exceed $1,200,000,000.
``(3) Approved special purpose entity.--The term `approved
special purpose entity' means a State or local governmental
entity, or an entity described in section 501(c) and exempt
from tax under section 501(a), if--
``(A) such entity is established and operated
exclusively to carry out qualified purposes,
``(B) such entity has a comprehensive plan to
restore and redevelop abandoned mine land in the
Anthracite Region, and
``(C) such entity and plan are approved by the
Administrator of the Environmental Protection Agency.
``(4) Approved segregated program fund.--The term `approved
segregated program fund' means any segregated fund the amounts
in which may be used only for qualified purposes, but only if
such fund has safeguards approved by such Administrator to
assure that such amounts are only used for such purposes.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under part
IV of subchapter A (other than this section and subpart
C thereof, relating to refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(e) Other Definitions.--For purposes of this section--
``(1) Anthracite region.--The term `Anthracite Region'
means the area in the State of Pennsylvania comprised of the
following counties: Luzerne, Lackawanna, Susquehanna, Wayne,
Wyoming, Sullivan, Columbia, Carbon, Schuylkill,
Northumberland, Lebanon, and Dauphin.
``(2) Qualified purpose.--The term `qualified purpose'
means, with respect to any qualified anthracite region
redevelopment bond--
``(A) the purchase, restoration, and redevelopment
of abandoned mine land and other real, personal, and
mixed property in the Anthracite Region in
Pennsylvania,
``(B) the cleanup of waterways and their
tributaries, both surface and subsurface in such region
from acid mine drainage and other pollution,
``(C) the provision of financial and technical
assistance for infrastructure construction and
upgrading water and sewer systems in such region,
``(D) research and development,
``(E) other environmental and economic development
purposes in such region, and
``(F) such other purposes as are set forth in the
comprehensive plan prepared by the issuer and approved
by the Administrator of the Environmental Protection
Agency.
``(3) Credit allowance date.--The term `credit allowance
date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term includes the last day on which the bond is
outstanding.
``(4) Bond.--The term `bond' includes any obligation.
``(f) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (d)) and the amount so
included shall be treated as interest income.
``(g) Bonds Held by Regulated Investment Companies.--If any
qualified anthracite region redevelopment bond is held by a regulated
investment company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures prescribed by
the Secretary.
``(h) Credits May Be Stripped.--Under regulations prescribed by the
Secretary--
``(1) In general.--There may be a separation (including at
issuance) of the ownership of a qualified anthracite region
redevelopment bond and the entitlement to the credit under this
section with respect to such bond. In case of any such
separation, the credit under this section shall be allowed to
the person who on the credit allowance date holds the
instrument evidencing the entitlement to the credit and not to
the holder of the bond.
``(2) Certain rules to apply.--In the case of a separation
described in paragraph (1), the rules of section 1286 shall
apply to the qualified anthracite region redevelopment bond as
if it were a stripped bond and to the credit under this section
as if it were a stripped coupon.
``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of
sections 6654 and 6655, the credit allowed by this section to a
taxpayer by reason of holding a qualified anthracite region
redevelopment bond on a credit allowance date shall be treated as if it
were a payment of estimated tax made by the taxpayer on such date.
``(j) Credit May Be Transferred.--Nothing in any law or rule of law
shall be construed to limit the transferability of the credit allowed
by this section through sale and repurchase agreements.
``(k) Reporting.--The issuer shall submit reports similar to the
reports required under section 149(e).
``(l) Termination.--This section shall not apply to any bond issued
more than 10 years after the date that the first qualified anthracite
region redevelopment bond is issued.''
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(8) Reporting of credit on qualified anthracite region
redevelopment bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 30B(f) and such amounts
shall be treated as paid on the credit allowance date
(as defined in section 30B(e)(3)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''
(c) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 30B. Credit to holders of
qualified public anthracite
region redevelopment bonds.''
(d) Approval of Bonds, Etc., by Administrator of the Environmental
Protection Agency.--The Administrator of the Environmental Protection
Agency shall act on any request for an approval required by section 30B
of the Internal Revenue Code of 1986 (as added by this section) not
later than 30 days after the date such request is submitted to such
Administrator.
(e) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2000. | Terminates the credit for any bond issued after the ten-year period following issuance of the first qualified bond.
Requires the reporting of credits received.
Directs the Administrator of the Environmental Protection Agency to act within 30 days after any request for bond approval under this Act. | {"src": "billsum_train", "title": "Anthracite Region Redevelopment Act of 2000"} | 2,479 | 59 | 0.456576 | 1.049566 | 0.470066 | 2.09434 | 41.09434 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lupus Research, Education,
Awareness, Communication, and Healthcare Amendments of 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--EXPANDING AND IMPROVING RESEARCH ON LUPUS
Sec. 101. Expansion of lupus biomedical research.
Sec. 102. Strengthening lupus epidemiology; lupus study.
TITLE II--ENHANCING LUPUS AWARENESS AND EDUCATION
Sec. 201. Increasing public awareness and improving health professional
education.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Lupus is a serious, complex, debilitating autoimmune
disease that can cause inflammation and tissue damage to
virtually any organ system in the body, including the skin,
joints, other connective tissue, blood and blood vessels,
heart, lungs, kidney, and brain.
(2) The Lupus Foundation of America, Inc. estimates that
approximately 1,500,000 to 2,000,000 Americans live with some
form of lupus; lupus affects women 9 times more often than men
and 80 percent of newly diagnosed cases of lupus develop among
women of child-bearing age.
(3) Lupus disproportionately affects women of color; it is
2 to 3 times more common among African-Americans, Hispanics,
Asians, and Native Americans and is generally more prevalent in
minority populations, a health disparity that remains
unexplained. According to the Centers for Disease Control and
Prevention, the rate of lupus mortality has increased since the
late 1970s and is higher among older African-American women.
(4) There have been no new drugs approved by the Food and
Drug Administration specifically for lupus in nearly 40 years
and while current treatments for the disease can be effective,
they can lead to damaging side effects.
(5) The pain and fatigue associated with lupus can threaten
people's ability to live independently and make it difficult to
maintain employment and lead normal lives. One in 5 people with
lupus is disabled by the disease, and consequently receives
support from government programs, including medicare, medicaid,
social security disability, and social security supplemental
income.
(6) The estimated average annual cost of medical treatment
for an individual with lupus can range between $10,000 and
$30,000; for people who have the most serious form of lupus,
medical costs can greatly exceed this amount, causing a
significant economic, emotional, and social burden to the
entire family and to society.
(7) More than \1/2\ of the people with lupus suffer 4 or
more years and visit 3 or more physicians before obtaining a
diagnosis of lupus; early diagnosis of, and commencement of
treatment for, lupus can prevent or reduce serious organ
damage, disability, and death.
(8) Despite the magnitude of lupus and its impact on
individuals and families, health professional and public
understanding of lupus remains low; only 1 of 5 Americans can
provide even basic information about lupus, and awareness of
lupus is lowest among adults ages 18 to 34, the age group most
likely to develop symptoms of lupus.
(9) Lupus is a significant national health issue that
deserves a comprehensive and coordinated response by Federal
and State governments with the involvement of the healthcare
provider, patient, and public health communities.
TITLE I--EXPANDING AND IMPROVING RESEARCH ON LUPUS
SEC. 101. EXPANSION OF LUPUS BIOMEDICAL RESEARCH.
Section 441A of the Public Health Service Act (42 U.S.C. 285d-6a)
is amended to read as follows:
``expansion of lupus biomedical research
``Sec. 441A. (a) In General.--The Secretary, acting through the
Director of the Institute, shall expand and intensify research and
related activities of the Institute with respect to lupus.
``(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Director under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such institutes and agencies have responsibilities
that are related to lupus.
``(c) Programs for Lupus.--In carrying out subsection (a), the
Director of the Institute shall conduct or support research to expand
the understanding of the causes of, and to find a cure for, lupus.
Activities under such subsection shall include conducting and
supporting the following:
``(1) Basic research to discover the pathogenesis and
pathophysiology of the disease.
``(2) Research to determine the reasons underlying the
disproportionate prevalence of lupus in African-American,
Hispanic, Native American, and Asian women.
``(3) Epidemiological studies to address the frequency and
natural history of the disease and the differences between the
sexes and among racial and ethnic groups with respect to the
disease.
``(4) Clinical research for the development and evaluation
of new treatments, including new biological agents.
``(5) Research to validate lupus biomarkers.
``(6) Research to develop improved diagnostic tests.''.
SEC. 102. STRENGTHENING LUPUS EPIDEMIOLOGY; LUPUS STUDY.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 318B the following:
``strengthening lupus epidemiology
``Sec. 318C. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, shall work
with a consortium of leading United States academic health institutions
that have expertise in the epidemiology of lupus to undertake a
national scale lupus epidemiological study to determine the true
prevalence and incidence of lupus in the United States.
``(b) Use of Funds.--The Director of the Centers for Disease
Control and Prevention shall enter into a cooperative agreement with
the consortium described in subsection (a) to develop, implement, and
manage a system for lupus data collection and analysis, including--
``(1) the creation and use of a common data entry and
management system across all study sites; and
``(2) the enhancement of the 2 study sites involved in the
existing lupus patient registry of the Centers for Disease
Control and Prevention on the day before the date of enactment
of the Lupus Research, Education, Awareness, Communication, and
Healthcare Amendments of 2005.
``(c) Geographic Representation.--The Director of the Centers for
Disease Control and Prevention shall ensure that the consortium
described in subsection (a) represents different geographic regions of
the United States that have a sufficient number of individuals of all
racial and ethnic backgrounds disproportionately affected by lupus,
including Hispanics, Asians, Native Americans, and African-Americans.
``(d) Certain Activities.--In carrying out subsections (a) and (b),
the consortium described in subsection (a) shall capture data related
to all affected populations on all forms of lupus, including lupus
related disorders.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,500,000 for each of the
fiscal years 2006, 2007, 2008, and 2009.
``lupus study and report by the institute of medicine
``Sec. 318D. (a) Contract.--The Secretary shall enter into a
contract with the Institute of Medicine to conduct a study--
``(1) to evaluate the Federal and State activities related
to lupus research, education, and awareness programs and
activities and make recommendations for ways in which these
initiatives could be expanded;
``(2) to identify the gaps in Federal research related to--
``(A) the causes of lupus;
``(B) lupus detection and diagnosis;
``(C) lupus treatment; and
``(D) lupus quality-of-life concerns;
``(3) to make recommendations for building and supporting
the lupus research enterprise, including recommendations for
strategies for future basic, clinical, social, and behavioral
research--
``(A) to determine the pathophysiology and
pathogenesis of the disease; and
``(B) to secure the development of new and improved
lupus therapies and ways to diagnose the disease;
``(4) to determine the gaps in lupus health professional
education programs and public awareness efforts and make
recommendations for ways in which the Federal Government can--
``(A) improve public and health professional
awareness of lupus; and
``(B) partner and support nonprofit voluntary
health agencies (such as the Lupus Foundation of
America, Inc.) and academic institutions and other
interested stakeholders whose primary purposes are to
increase public awareness of lupus and to improve the
diagnosis and treatment of lupus;
``(5) to make recommendations regarding ways to improve the
quality of life for people with lupus;
``(6) to summarize the clinical and biological features of
lupus and the characteristics and management of major symptoms
and make recommendations for disease management and
measurement; and
``(7) to make recommendations for epidemiological studies
in the various population groups affected by lupus in the
United States.
``(b) Report.--Not later than 18 months after the date of enactment
of the Lupus Research, Education, Awareness, Communication, and
Healthcare Amendments of 2005, the Institute of Medicine shall submit
to the Secretary a report containing the information described in
paragraphs (1) through (7) of subsection (a).''.
TITLE II--ENHANCING LUPUS AWARENESS AND EDUCATION
SEC. 201. INCREASING PUBLIC AWARENESS AND IMPROVING HEALTH PROFESSIONAL
EDUCATION.
Part B of title III of the Public Health Service Act (as amended by
section 102) (42 U.S.C. 243 et seq.) is further amended by inserting
after section 318D the following:
``increasing public awareness of lupus and improving health
professional education
``Sec. 318E. (a) In General.--The Secretary, acting through the
Director of the Office on Women's Health and in collaboration with the
Lupus Foundation of America, Inc. and the National Center on Minority
Health and Health Disparities of the National Institutes of Health,
shall conduct and support a sustained national lupus public awareness
and health professional education campaign, with an emphasis on
reaching populations at highest risk for the disease.
``(b) Use of Funds.--In conducting the sustained national lupus
public awareness and health professional educational campaign, the
Director of the Office on Women's Health shall--
``(1) promote increased awareness of early intervention and
treatment so as to significantly improve the diagnosis,
treatment, and quality of life for people with lupus;
``(2) direct communication and education efforts toward
minority communities that may be underserved or
disproportionately affected by lupus; and
``(3) target at-risk women and health professionals likely
to see women with lupus, including primary care physicians and
specialists such as rheumatologists, nephrologists,
dermatologists, and immunologists, so as to help reduce the
amount of time taken to achieve a correct diagnosis of lupus.
``(c) Certain Activities.--To the extent practicable and
appropriate, the Secretary shall ensure that communications under
subsections (a) and (b) provide the latest medically sound information
related to the signs, symptoms, diagnosis, and disease management of
lupus.
``(d) Integration With Other Programs.--To the extent practicable
and appropriate, the Secretary shall integrate efforts under this
section with other programs carried out by the Secretary.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of the
fiscal years 2006 through 2010.''. | Lupus Research, Education, Awareness, Communication, and Healthcare Amendments of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand research on lupus to include: (1) basic research to discover the pathogenesis and pathophysiology of the disease; and (2) research to validate lupus biomarkers.
Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to work with a consortium of academic health institutions to undertake an epidemiological study to determine the prevalence and incidence of lupus in the United States. Requires the Director of CDC to: (1) enter into a cooperative agreement with such consortium to develop, implement, and manage a system for lupus data collection and analysis; and (2) ensure that such consortium represents different geographic areas and includes individuals of racial and ethnic backgrounds disproportionately affected by lupus.
Requires the Secretary to enter into a contract with the Institute of Medicine to study and make recommendations related to lupus, to include: (1) evaluating Federal and State activities related to lupus and recommending ways to expand such activities; (2) identifying gaps in Federal research; and (3) recommending ways to improve the quality of life for people with lupus.
Requires the Secretary, acting through the Director of the Office on Women's Health, to conduct and support a national lupus public awareness and health professional education campaign, with an emphasis on reaching populations at highest risk for the disease. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to enhance public and health professional awareness and understanding of lupus and to strengthen the Nation's research efforts to identify the causes and cure of lupus."} | 2,755 | 356 | 0.562848 | 1.882321 | 0.730986 | 4.760943 | 8.06734 | 0.936027 |
SECTION 1. NATIONAL VOLUNTARY BIOENGINEERED FOOD LABELING STANDARD.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``Subtitle E--National Voluntary Bioengineered Food Labeling Standard
``SEC. 291. DEFINITIONS.
``In this subtitle:
``(1) Bioengineering.--The term `bioengineering', and any
similar term, as determined by the Secretary, with respect to a
food, refers to a food--
``(A) that contains genetic material that has been
modified through in vitro recombinant deoxyribonucleic
acid (DNA) techniques; and
``(B) for which the modification could not
otherwise be obtained through conventional breeding or
found in nature.
``(2) Food.--The term `food' has the meaning given the term
in section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``SEC. 292. APPLICABILITY.
``This subtitle shall apply to any claim in the labeling of food
that indicates, directly or indirectly, that the food is a
bioengineered food or bioengineering was used in the development or
production of the food, including a claim that a food is or contains an
ingredient that was developed or produced using bioengineering.
``SEC. 293. ESTABLISHMENT OF NATIONAL VOLUNTARY BIOENGINEERED FOOD
LABELING STANDARD.
``(a) Establishment of Standard.--Not later than 2 years after the
date of enactment of this subtitle, the Secretary shall--
``(1) establish a national voluntary bioengineered food
labeling standard with respect to--
``(A) any bioengineered food; and
``(B) any food that may be bioengineered or may
have been produced or developed using bioengineering;
and
``(2) establish such requirements and procedures as the
Secretary determines necessary to carry out the standard.
``(b) Regulations.--
``(1) In general.--A food may be labeled as bioengineered
only in accordance with regulations promulgated by the
Secretary in accordance with this subtitle.
``(2) Requirements.--A regulation promulgated by the
Secretary in carrying out this subtitle shall--
``(A) prohibit any express or implied claim that a
food is or is not safer or of higher quality solely
based on whether the food is or is not--
``(i) bioengineered; or
``(ii) produced or developed with the use
of bioengineering;
``(B) determine the amounts of a bioengineered
substance that may be present in food, as appropriate,
in order for the food to be labeled as a bioengineered
food; and
``(C) establish a process for requesting and
granting a determination by the Secretary regarding
other factors and conditions under which a food may be
labeled as a bioengineered food.
``(c) State Food Labeling Standards.--Notwithstanding section 295,
no State or political subdivision of a State may directly or indirectly
establish under any authority or continue in effect as to any food in
interstate commerce any requirement for a food that is the subject of
the bioengineered food labeling standard under this section that is not
identical to that voluntary standard.
``SEC. 294. INFORMATION FOR CONSUMERS.
``(a) Education.--The Secretary, in coordination with other Federal
agencies as appropriate, shall provide science-based information,
including any information on the environmental, nutritional, economic,
and humanitarian benefits of agricultural biotechnology, through
education, outreach, and promotion to address consumer acceptance of
agricultural biotechnology.
``(b) Mandatory Report; Publication.--Not later than 4 years after
the date of enactment of this subtitle, the Secretary and the Secretary
of Health and Human Services shall--
``(1) submit to Congress a report on the availability of
information regarding whether food is or is not bioengineered
or whether bioengineering was or was not used in the
development or production of the food, including information
provided through--
``(A) any relevant labeling requirements under--
``(i) the Organic Foods Production Act of
1990 (7 U.S.C. 6501 et seq.);
``(ii) the Egg Products Inspection Act (21
U.S.C. 1031 et seq.);
``(iii) the Federal Meat Inspection Act (21
U.S.C. 601 et seq.);
``(iv) the Poultry Products Inspection Act
(21 U.S.C. 451 et seq.); and
``(v) other relevant Federal authorities;
``(B) process verified programs; and
``(C) other voluntary programs or claims relating
to a food that are not required by Federal law or
approved by a Federal program; and
``(2) make the report publicly available.
``Subtitle F--Labeling of Certain Food
``SEC. 295. FEDERAL PREEMPTION.
``(a) Definition of Food.--In this subtitle, the term `food' has
the meaning given the term in section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321).
``(b) Federal Preemption.--No State or a political subdivision of a
State may directly or indirectly establish under any authority or
continue in effect as to any food or seed in interstate commerce any
requirement relating to the labeling of whether a food (including food
served in a restaurant or similar establishment) or seed is genetically
engineered (which shall include such other similar terms as determined
by the Secretary of Agriculture) or was developed or produced using
genetic engineering, including any requirement for claims that a food
or seed is or contains an ingredient that was developed or produced
using genetic engineering.''. | . (Sec. 1) This bill amends the Agricultural Marketing Act of 1946 to require the Department of Agriculture (USDA) to establish a national voluntary bioengineered food labeling standard. The standard applies to food that either contains or was developed or produced using genetic material that: (1) has been modified through in vitro recombinant deoxyribonucleic acid (DNA) techniques, and (2) could not otherwise be obtained through conventional breeding or found in nature. (Recombinant DNA is DNA that has been altered by joining genetic material from two or more different organisms.) USDA regulations implementing this bill must: prohibit claims regarding the safety or quality of food based on whether or not the food is bioengineered, determine the amounts of a bioengineered substance that may be present for a food to be labeled as bioengineered, and establish a process for requesting and granting determinations regarding other factors and conditions under which a food may be labeled as bioengineered. USDA must provide science-based information through education, outreach, and promotion to address consumer acceptance of agricultural biotechnology. USDA and the Department of Health and Human Services must report to Congress regarding the availability of information for determining whether food is bioengineered or bioengineering was used in the development or production process. The labeling standard established by this bill preempts state and local laws regarding the labeling of bioengineered or genetically engineered food or seeds. | {"src": "billsum_train", "title": "An original bill to amend the Agricultural Marketing Act of 1946 to require the Secretary of Agriculture to establish a national voluntary labeling standard for bioengineered foods, and for other purposes."} | 1,379 | 315 | 0.670919 | 2.093527 | 0.928334 | 3.433962 | 4.45283 | 0.85283 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Government Accountability
Act of 2003''.
SEC. 2. ENHANCING INDEPENDENCE OF INSPECTORS GENERAL.
(a) Removal for Cause.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in section 3(b) by adding at the end the following:
``An Inspector General may be removed from office prior to the
expiration of his term on the following grounds:
``(1) permanent disability;
``(2) inefficiency;
``(3) neglect of duty;
``(4) malfeasance; or
``(5) conviction of a felony or conduct involving moral
turpitude.''; and
(2) in section 8G(e) by adding at the end the following:
``An Inspector General may be removed from office prior to the
expiration of his term on the following grounds:
``(1) permanent disability;
``(2) inefficiency;
``(3) neglect of duty;
``(4) malfeasance; or
``(5) conviction of a felony or conduct involving moral
turpitude.''.
(b) Establishment of Terms of Office.--The Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in section 3 by adding after subsection (d) the
following new subsection:
``(e) The term of office of each Inspector General shall be seven
years. Any individual appointed to fill a vacancy in such position,
occurring before the expiration of the term for which his predecessor
was appointed, shall be appointed for the remainder of that term.'';
and
(2) in section 8G by adding to the end of subsection (c)
the following: ``The term of office of each Inspector General
shall be seven years. Any individual appointed to fill a
vacancy in such position, occurring before the expiration of
the term for which his predecessor was appointed, shall be
appointed for the remainder of that term.''.
SEC. 3. DIRECT SUBMISSION OF BUDGET REQUESTS TO CONGRESS.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended in
section 6 by adding at the end the following new subsection:
``(f) For each fiscal year, an Inspector General may transmit an
appropriation estimate and request to the Office of Management and
Budget and to the appropriate committees or subcommittees of Congress,
in addition to any appropriation estimate and request submitted to the
head of the establishment involved. Each budget of the United States
Government submitted by the President shall include a separate
statement of the amount of appropriations requested by each Inspector
General who has submitted an appropriation estimate and request to
Congress. Each such budget shall also include a statement providing a
comparison of the appropriation estimate and request submitted by an
Inspector General and the funds requested by the head of the
establishment involved.''.
SEC. 4. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY
AND EFFICIENCY.
(a) Establishment.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended by redesignating sections 11 and 12 in order as
sections 12 and 13, and by inserting after section 10 the following new
section:
``SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY.
``(a) Establishment.--There is established as an independent entity
within the executive branch the Council of the Inspectors General on
Integrity and Efficiency (in this Act referred to as the `Council').
The Council's mission will be to increase the professionalism and
effectiveness of personnel by developing policies, standards, and
approaches to aid in the establishment of a well-trained and highly
skilled workforce in the offices of the Inspectors General.
``(b) Membership.--
``(1) In general.--The Council shall consist of the
following members:
``(A) All Inspectors General whose offices were
established in the Inspector General Act of 1978 and
subsequent amendments.
``(B) The Controller of the Office of Federal
Financial Management.
``(C) The Associate Deputy Director for
Investigations of the Federal Bureau of Investigation.
``(D) The Director of the Office of Government
Ethics.
``(E) The Special Counsel of the Office of Special
Counsel.
``(F) The Deputy Director of the Office of
Personnel Management.
``(G) The Deputy Director for Management of the
Office of Management and Budget.
``(c) Chair.--The chairman of the Council shall be chosen from
among the Inspectors General by a majority of the Inspectors General
and shall serve as chair of the Council for a three-year period.
``(d) Meetings.--The Council shall meet at least semiannually, at
the call of chair.
``(e) Functions and Duties.--
``(1)(A) The Council shall continually identify, review,
and discuss areas of weakness and vulnerability in Federal
programs and operations to fraud, waste, and abuse, and shall
develop plans for coordinated, government-wide activities that
address these problems and promote economy and efficiency in
Federal programs and operations. These activities will include
interagency and interentity audit and investigation programs
and projects to deal efficiently and effectively with those
problems concerning fraud and waste that exceed the capability
of jurisdiction of an individual agency or entity. The Council
shall recognize the preeminent role of the Department of
Justice in law enforcement and litigation.
``(B) The Council shall develop policies that will aid in
the establishment of a corps of well-trained and highly skilled
Office of Inspector General staff members.
``(2) Individual members of the Council should, to the
extent permitted under law, adhere to professional standards
developed by the Councils and participate in the plans,
programs, and projects of the Councils.
``(3) The creation and operation of the Council shall
neither interfere with existing authority and responsibilities
in the relevant agencies and entities nor augment or diminish
the statutory authority or responsibilities of individual
members of the Council.
``(f) Responsibilities of the Chair.--
``(1) The Chair may appoint a Vice Chair to assist in
carrying out the functions of the Council.
``(2) The Chair shall, in consultation with the members of
the Council, establish the agenda for Council activities.
``(3) The Chair shall, on behalf of the Council, report to
the President on the activities of the Council. The Chair
shall, as appropriate, advise the Council with respect to the
President's consideration of the Council's activities.
``(4) The Chair shall provide agency and entity heads with
summary reports of the activities of the Council.
``(5) The Chair shall establish, in consultation with
members of the Council, such committees as deemed necessary and
appropriate for the efficient conduct of Council functions.''.
(b) Existing Executive Order.--Executive Order 12805, dated May 14,
1992, shall have no force or effect.
(c) Conforming Amendments.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) by striking
``section 11(2)'' each place it appears and inserting ``section
12(2)''; and
(2) in section 8G(a), in the matter preceding paragraph
(1), by striking ``section 11'' and inserting ``section 12''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $750,000 for each of fiscal
years 2005 through 2009.
SEC. 5. PERSONNEL FLEXIBILITIES.
(a) In General.--The Inspector General Act of 1978 (5 U.S.C. App.)
is amended by inserting after section 3 the following:
``personnel management system
``Sec. 3A. (a) The Office of Personnel Management shall maintain a
personnel management system, which, except as otherwise expressly
provided in this Act, shall apply to the officers and employees of the
various Offices of Inspector General. The Office of Personnel
Management may prescribe a regulation about the system only after
notice and opportunity for public comment. A reprisal or threat of
reprisal may not be made against an officer or employee of an Office of
Inspector General because of comments on a proposed regulation about
the system.
``(b) The personnel management system shall--
``(1) include the principles of section 2301(b) of title 5;
``(2) prohibit personnel practices prohibited under section
2302(b) of title 5;
``(3) prohibit political activities prohibited under
subchapter III of chapter 73 of title 5;
``(4) ensure that officers and employees are appointed,
promoted, and assigned only on the basis of merit and fitness,
but without regard to those provisions of title 5 governing
appointments and other personnel actions in the competitive
service; and
``(5) provide that an Inspector General may, in his or her
discretion, fix basic pay of officers and employees (apart from
those whose basic pay is otherwise fixed by law) in a manner
consistent with section 5301 of title 5.
``(c) Under the personnel management system--
``(1) the Office of Personnel Management shall publish a
schedule of basic pay rates for positions to which such system
applies;
``(2) the highest basic pay rate under the pay schedule may
not exceed the highest rate of basic pay for GS-15;
``(3) except as provided under section 5349(a) of title 5,
rates of basic pay of officers and employees who are subject to
such system shall be adjusted at the same time and to the same
extent as are rates of basic pay rates under the General
Schedule; and
``(4) officers and employees who are subject to such system
shall be entitled to grade and basic pay retention consistent
with subchapter VI of chapter 53 of title 5.
``(d) The personnel management system shall provide--
``(1) for a system of performance appraisals that meets the
requirements of section 4302 of title 5;
``(2) for the reduction in grade or removal of an officer
or employee because of unacceptable performance, consistent
with section 4303 of title 5;
``(3) for other personnel actions consistent with chapter
75 of title 5; and
``(4) a procedure for processing complaints and grievances
not otherwise provided for under paragraphs (2) and (3) of this
subsection or subsection (e)(1) of this section.
``(e)(1) The personnel management system shall--
``(A) provide that all personnel actions affecting an
officer, employee, or applicant for employment be taken without
regard to race, color, religion, age, sex, national origin,
political affiliation, marital status, or handicapping
condition; and
``(B) include a minority recruitment program consistent
with section 7201 of title 5.
``(2) Nothing in this section shall affect--
``(A) a right or remedy of an officer, employee, or
applicant for employment under a law prohibiting discrimination
in employment in the Government on the basis of race, color,
religion, age, sex, national origin, political affiliation,
marital status, or handicapping condition; or
``(B) a lawful effort to achieve equal employment
opportunity through affirmative action.
``(f)(1)(A) The Office of Personnel Management shall prescribe
regulations, consistent with regulations issued under section 3502(a)
of title 5, for the separation of officers or employees of an Office
during a reduction in force or other adjustment in force.
``(B) The regulations shall, in descending order of priority, give
effect to--
``(i) tenure of employment;
``(ii) military preference, subject to section 3501(a)(3)
of title 5;
``(iii) veterans' preference, in accordance with
subsections (b) and (c) of 3502 of title 5;
``(iv) performance ratings;
``(v) length of service, computed in accordance with the
second sentence of section 3502(a) of title 5; and
``(vi) other objective factors, such as skills and
knowledge, that the relevant Inspector General considers
necessary and appropriate to realign the Office's workforce in
order to meet current and future mission needs, to correct
skill imbalances, or to reduce high-grade, managerial, or
supervisory positions.
``(C) Notwithstanding subparagraph (B), the regulations relating to
removal from the Senior Executive Service in a reduction in force or
other adjustment in force shall be consistent with section 3595(a) of
title 5.
``(2)(A) Except as provided in subparagraph (B), an officer or
employee may not be released, due to a reduction force, unless such
officer or employee is given written notice at least 60 days before
such officer or employee is so released. Such notice shall include--
``(i) the personnel action to be taken with respect to the
officer or employee involved;
``(ii) the effective date of the action;
``(iii) a description of the procedures applicable in
identifying officers or employees for release;
``(iv) the officer's or employee's ranking relative to
other competing officers and employees, and how that ranking
was determined; and
``(v) a description of any appeal or other rights which may
be available.
``(B) The Inspector General may, in writing, shorten the period of
advance notice required under subparagraph (A) with respect to a
particular reduction in force, if necessary because of circumstances
not reasonably foreseeable, except that such period may not be less
than 30 days.
``(g) The regulations under subsection (g) shall include provisions
under which, at the discretion of the Inspector General, the
opportunity to separate voluntarily (in order to permit the retention
of an individual occupying a similar position) shall, with respect to
the Office, be available to the same extent and in the same manner as
described in subsection (f)(1)-(4) of section 3502 of title 5 (with
respect to the Department of Defense or a military department).
``(h) Nothing in this section shall be considered to supersede or
to constitute authority for the Office of Personnel Management to
supersede (by regulation or otherwise) any provision of section 7,
8C(b), or 8F(a)(1), or of subsection (c), (f)(1), or (g)(2) of section
8G.''.
(b) Senior Executive Service.--In the application of section 3133
of title 5, United States Code (and every other provision of such title
5 which relates to the Senior Executive Service, as identified by the
Office of Personnel Management in regulations)--
(1) each Office of Inspector General shall be considered to
be a separate agency; and
(2) any reference to an agency head shall, with respect to
an Office of Inspector General, be considered to refer to the
Inspector General who is the head of such Office.
(c) Voluntary Separation.--In the application of section 8336 and
section 8414 of title 5, United States Code--
(1) each Office of Inspector General shall be considered to
be a separate agency; and
(2) any Office of Inspector General shall, with respect to
an Office of Inspector General, be considered to refer to the
Inspector General who is the head of such Office.
SEC. 6. SUBMISSION OF REPORTS TO CONGRESS; AMENDMENT TO REPORTING
PERIOD.
Section 5(b) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended by striking the language preceding paragraph (1) and
inserting the following language: ``Semiannual reports of each
Inspector General shall be furnished to the head of the establishment
involved and to the appropriate committees and subcommittees of
Congress not later than January 31 and July 31 of each year. Within 30
days after receipt of the report, the head of establishment involved
may submit a report to the appropriate committees and subcommittees of
Congress containing--''. | Improving Government Accountability Act of 2003 - Amends the Inspector General Act of 1978 to allow an Inspector General (IG) to be removed from office prior to the expiration of his term on the grounds of: (1) permanent disability; (2) inefficiency; (3) neglect of duty; (4) malfeasance; or (5) conviction of a felony or conduct involving moral turpitude.
Establishes the term of office of each IG as seven years. Directs that any individual appointed to fill a vacancy in that position, occurring before the expiration of the term for which his predecessor was appointed, be appointed for the remainder of that term.
Authorizes an IG, for each fiscal year, to transmit an appropriation estimate and request to the Office of Management and Budget and to the appropriate congressional committees or subcommittees, in addition to the head of the establishment involved. Directs that each Government budget submitted by the President include a separate statement regarding amounts requested by IGs, including a comparison with the amounts requested by the head of the establishment involved.
Establishes within the Executive Branch the Council of the Inspectors General on Integrity and Efficiency to increase the professionalism and effectiveness of personnel by developing policies, standards, and approaches to aid in the establishment of a well-trained and highly skilled workforce in the offices of the IG.
Directs the Office of Personnel Management to maintain a personnel management system applicable to the officers and employees of IG offices. Prohibits reprisals because of comments on proposed regulations. | {"src": "billsum_train", "title": "To amend the Inspector General Act of 1978 (5 U.S.C. App.) to enhance the independence of the Inspectors General, create a Council of the Inspectors General on Integrity and Efficiency, and for other purposes."} | 3,538 | 333 | 0.663052 | 2.132991 | 0.759047 | 5.609756 | 11.759582 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Judiciary Ethics Reform Act
of 2006''.
SEC. 2. JUDICIAL EDUCATION FUND.
(a) Establishment.--Chapter 42 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 630. Judicial Education Fund
``(a) In this section, the term--
``(1) `institution of higher education' has the meaning
given under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a));
``(2) `private judicial seminar'--
``(A) means a seminar, symposia, panel discussion,
course, or a similar event that provides continuing
legal education to judges; and
``(B) does not include--
``(i) seminars that last 1 day or less and
are conducted by, and on the campus of, an
institute of higher education;
``(ii) seminars that last 1 day or less and
are conducted by national bar associations or
State or local bar associations for the benefit
of the bar association membership; or
``(iii) seminars of any length conducted
by, and on the campus of an institute of higher
education or by national bar associations or
State or local bar associations, where a judge
is a presenter and at which judges constitute
less than 25 percent of the participants;
``(3) `national bar association' means a national
organization that is open to general membership to all members
of the bar; and
``(4) `State or local bar association' means a State or
local organization that is open to general membership to all
members of the bar in the specified geographic region.
``(b) There is established within the United States Treasury a fund
to be known as the `Judicial Education Fund' (in this section referred
to as the `Fund').
``(c) Amounts in the Fund may be made available for the payment of
necessary expenses, including reasonable expenditures for
transportation, food, lodging, private judicial seminar fees and
materials, incurred by a judge or justice in attending a private
judicial seminar approved by the Board of the Federal Judicial Center.
Necessary expenses shall not include expenditures for recreational
activities or entertainment other than that provided to all attendees
as an integral part of the private judicial seminar. Any payment from
the Fund shall be approved by the Board.
``(d) The Board may approve a private judicial seminar after
submission of information by the sponsor of that private judicial
seminar that includes--
``(1) the content of the private judicial seminar
(including a list of presenters, topics, and course materials);
and
``(2) the litigation activities of the sponsor and the
presenters at the private judicial seminar (including the
litigation activities of the employer of each presenter) on the
topic related to those addressed at the private judicial
seminar.
``(e) If the Board approves a private judicial seminar, the Board
shall make the information submitted under subsection (d) relating to
the private judicial seminar available to judges and the public by
posting the information on the Internet.
``(f) The Judicial Conference shall promulgate guidelines to ensure
that the Board only approves private judicial seminars that are
conducted in a manner so as to maintain the public's confidence in an
unbiased and fair-minded judiciary.
``(g) There are authorized to be appropriated for deposit in the
Fund $2,000,000 for each of fiscal years 2006, 2007, and 2008, to
remain available until expended.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 42 of title 28, United States Code, is amended by adding at the
end the following:
``630. Judicial Education Fund.''.
SEC. 3. PRIVATE JUDICIAL SEMINAR GIFTS PROHIBITED.
(a) Definitions.--In this section, the term--
(1) ``institution of higher education'' has the meaning
given under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a));
(2) ``private judicial seminar''--
(A) means a seminar, symposia, panel discussion,
course, or a similar event that provides continuing
legal education to judges; and
(B) does not include--
(i) seminars that last 1 day or less and
are conducted by, and on the campus of, an
institute of higher education;
(ii) seminars that last 1 day or less and
are conducted by national bar associations or
State or local bar associations for the benefit
of the bar association membership; or
(iii) seminars of any length conducted by,
and on the campus of an institute of higher
education or by national bar associations or
State or local bar associations, where a judge
is a presenter and at which judges constitute
less than 25 percent of the participants;
(3) ``national bar association'' means a national
organization that is open to general membership to all members
of the bar; and
(4) ``State or local bar association'' means a State or
local organization that is open to general membership to all
members of the bar in the specified geographic region.
(b) In General.--Not later than 240 days after the date of
enactment of this Act, the Judicial Conference of the United States
shall promulgate regulations to apply section 7353(a) of title 5,
United States Code, to prohibit the solicitation or acceptance of
anything of value in connection with a private judicial seminar.
(c) Exception.--The prohibition under the regulations promulgated
under subsection (b) shall not apply if--
(1) the judge participates in a private judicial seminar as
a speaker, panel participant, or otherwise presents
information;
(2) Federal judges are not the primary audience at the
private judicial seminar; and
(3) the thing of value accepted is--
(A) reimbursement from the private judicial seminar
sponsor of reasonable transportation, food, or lodging
expenses on any day on which the judge speaks,
participates, or presents information, as applicable;
(B) attendance at the private judicial seminar on
any day on which the judge speaks, participates, or
presents information, as applicable; or
(C) anything excluded from the definition of a gift
under regulations of the Judicial Conference of the
United States under sections 7351 and 7353 of title 5,
United States Code, as in effect on the date of
enactment of this Act.
SEC. 4. RECUSAL LISTS.
Section 455 of title 28, United States Code, is amended by adding
at the end the following:
``(g)(1) Each justice, judge, and magistrate of the United States
shall maintain a list of all financial interests that would require
disqualification under subsection (b)(4).
``(2) Each list maintained under paragraph (1) shall be made
available to the public at the office of the clerk for the court at
which a justice, judge, or magistrate is assigned.''. | Federal Judiciary Ethics Reform Act of 2006 - Amends the federal judicial code to: (1) establish within the Treasury a Judicial Education Fund for the payment of necessary expenses incurred by a judge or justice in attending a private judicial seminar approved by the Board of the Federal Judicial Center; and (2) require each justice, judge, and magistrate of the United States to maintain a list (to be made available to the public) of all financial interests that would require disqualification in any proceeding in which his or her impartiality might reasonably be questioned.
Directs the Judicial Conference of the United States to promulgate regulations to prohibit the solicitation or acceptance of anything in value in connection with a private judicial seminar, with specified exceptions. | {"src": "billsum_train", "title": "A bill to provide for ethics reform of the Federal judiciary and to instill greater public confidence in the Federal courts."} | 1,558 | 166 | 0.517494 | 1.509034 | 0.815288 | 4.935252 | 10.647482 | 0.920863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Improvement Tax Cut Act''.
SEC. 2. CREDIT FOR CONTRIBUTIONS TO CHARITABLE ORGANIZATIONS WHICH
PROVIDE ELEMENTARY OR SECONDARY SCHOOL SCHOLARSHIPS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. CONTRIBUTIONS TO ORGANIZATIONS PROVIDING ELEMENTARY OR
SECONDARY SCHOOL SCHOLARSHIPS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified scholarship
contributions of the taxpayer for the taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $3,000 ($1,500 in the case of a married
individual (as determined under section 7703) filing a separate
return).
``(c) Qualified Scholarship Contribution.--For purposes of this
section--
``(1) In general.--The term `qualified scholarship
contribution' means, with respect to any taxable year, the
amount which would (but for subsection (e)) be allowable as a
deduction under section 170 for cash contributions to a school
tuition organization.
``(2) School tuition organization.--
``(A) In general.--The term `school tuition
organization' means any organization described in
section 170(c)(2) if the annual disbursements of the
organization for elementary and secondary school
scholarships are normally not less than 90 percent of
the sum of such organization's annual gross income and
contributions and gifts.
``(B) Elementary and secondary school
scholarship.--The term `elementary and secondary school
scholarship' means any scholarship excludable from
gross income under section 117 for expenses related to
education at or below the 12th grade.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution for which a credit is allowed
under this section.
``(e) Election To Have Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(f) Cost-of-Living Adjustment.--In the case of any taxable year
beginning in a calendar year after 2002, each dollar amount contained
in subsection (b) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2001' for `calendar year
1992' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is not a
multiple of $10, such increase shall be increased to the next highest
multiple of $10. In the case of a married individual (as determined
under section 7703) filing a separate return, the preceding sentence
shall be applied by substituting `$5' for `$10' each place it appears.
``(g) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including regulations providing for claiming
the credit under this section on Form 1040EZ.''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Contributions to
organizations providing
elementary or secondary school
scholarships.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. CREDIT FOR CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND
MATERIALS FOR EXTRACURRICULAR ACTIVITIES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. CONTRIBUTIONS OF AND FOR INSTRUCTIONAL MATERIALS AND
MATERIALS FOR EXTRACURRICULAR ACTIVITIES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified school materials
contributions of the taxpayer for the taxable year.
``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $3,000 ($1,500 in the case of a married
individual (as determined under section 7703) filing a separate
return).
``(c) Qualified School Materials Contribution.--For purposes of
this section--
``(1) In general.--The term `qualified school materials
contribution' means, with respect to any taxable year, the
amount which would (but for subsection (e)) be allowable as a
deduction under section 170 for--
``(A) any cash contribution to any elementary or
secondary school if such contribution is designated to
be used solely to acquire qualified school materials,
``(B) any contribution of qualified school
materials to any elementary or secondary school, and
``(C) any cash contribution to a school materials
organization.
``(2) Elementary or secondary school.--The term `elementary
or secondary school' means any organization described in
section 170(b)(1)(A)(ii) which provides education solely at or
below the 12th grade.
``(3) School materials organization.--
``(A) In general.--The term `school materials
organization' means any organization described in
section 170(c)(2) if--
``(i) the primary function of the
organization is to raise funds for elementary
or secondary schools, and
``(ii) the annual disbursements of the
organization for qualified school materials
which are provided to elementary and secondary
schools are normally not less than 90 percent
of the sum of such organization's annual gross
income and contributions and gifts.
``(B) Qualified school materials.--The term
`qualified school materials' means--
``(i) instructional materials and
equipment, including library books and
materials, computers, and computer software,
and
``(ii) materials and equipment for school-
sponsored extracurricular activities.
``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter for any contribution for which a credit is allowed
under this section.
``(e) Election To Have Credit Not Apply.--
``(1) In general.--A taxpayer may elect to have this
section not apply for any taxable year.
``(2) Time for making election.--An election under
paragraph (1) for any taxable year may be made (or revoked) at
any time before the expiration of the 3-year period beginning
on the last date prescribed by law for filing the return for
such taxable year (determined without regard to extensions).
``(f) Cost-of-Living Adjustment.--In the case of any taxable year
beginning in a calendar year after 2002, each dollar amount contained
in subsection (b) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2001' for `calendar year
1992' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is not a
multiple of $10, such increase shall be increased to the next highest
multiple of $10. In the case of a married individual (as determined
under section 7703) filing a separate return, the preceding sentence
shall be applied by substituting `$5' for `$10' each place it appears.
``(g) Regulations.--The Secretary shall prescribe regulations to
carry out this section, including regulations providing for claiming
the credit under this section on Form 1040EZ.''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25B the following new
item:
``Sec. 25C. Contributions of and for
instructional materials and
materials for extracurricular
activities.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Education Improvement Tax Cut Act - Amends the Internal Revenue Code to: (1) allow a credit (of up to $3,000) against income tax for qualified scholarship contributions; and (2) allow a credit (of up to $3,000) against income tax for qualified school materials contributions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for amounts contributed to charitable organizations which provide elementary or secondary scholarships and for contributions of, and for, instructional materials and materials for extracurricular activities."} | 2,089 | 59 | 0.508391 | 1.092809 | 1.06965 | 2.052632 | 31.649123 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Predatory Lending Sunset Act''.
SEC. 2. COVERED LENDING.
(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended--
(1) by redesignating the second section 129 (as so
designated by section 201(b) of the Helping Families Save Their
Homes Act of 2009) as section 129A; and
(2) by inserting after section 129A, as so redesignated,
the following new section:
``SEC. 129B. COVERED LENDING.
``(a) Maximum Interest Rate.--The maximum interest rate a creditor
may charge on a covered loan shall be the rate equal to an annual
percentage rate of 36 percent.
``(b) Prohibition on Using Certain Means of Access for Security.--
It shall be unlawful for any creditor to extend a covered loan with
respect to which the creditor uses, as security for the obligation or
as a condition of extending the credit--
``(1) a check or other method of access to a deposit,
savings, or other financial account maintained by the borrower;
or
``(2) the title of a vehicle.
``(c) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Annual percentage rate.--Notwithstanding the manner
described in section 107 for determining the annual percentage
rate, the term `annual percentage rate' means all charges
payable directly or indirectly incident to, ancillary to, or as
a condition of the extension of a covered loan, including--
``(A) all fees which constitute a finance charge;
and
``(B) any other payments, fees or charges,
including but not limited to application, membership
and administrative fees, compensating a creditor for
making the covered loan.
``(2) Covered loan.--The term `covered loan'--
``(A) means a consumer credit transaction that--
``(i) is unsecured by any interest in the
consumer's personal property;
``(ii) is in an amount that does not exceed
$3,000 or, in the case of a line of credit, a
credit limit that does not exceed $3,000;
``(iii) in the case of a closed end credit
transaction, has a term of 91 days or less; and
``(iv) in the case of an open end credit
transaction--
``(I) has an amortization period of
91 days or less; or
``(II) in the case of a line of
credit, the amount due in the first 91
days, including finance charges, fees,
service charges, renewals, credit
insurance premiums, and any other
charge or premium with respect to the
extension of credit, exceed 25 percent
of the credit limit of the line of
credit; and
``(B) does not include a non-recourse extension of
credit--
``(i) extended by a pawn broker creditor;
and
``(ii) secured by a possessory security
interest in tangible goods physically delivered
by the consumer to the pawn broker creditor,
for which the consumer does not provide a
written or electronic promise, order, or
authorization to pay, or in any other manner
authorize a debit of a deposit account, prior
to or contemporaneously with the disbursement
of the original proceeds and the creditor takes
no security other than the goods and makes no
effort to collect the credit.
``(3) Creditor.--Notwithstanding the definition of the term
`creditor' in section 103, the term `creditor'--
``(A) means a person who makes or offers covered
loans; and
``(B) includes--
``(i) any affiliate of a creditor that
offers or makes a covered loan, buys a whole or
partial interest in a covered loan, arranges a
covered loan for a third party, or acts as an
agent for a third party in making a covered
loan, regardless of whether approval,
acceptance, or ratification by the third party
is necessary to create a legal obligation for
the third party; and
``(ii) any other person or entity that is
engaged in a transaction that is in substance a
disguised covered loan or a subterfuge for the
purpose of avoiding the requirements of this
section.''.
(b) Closing the Single Payment Loophole.--Section 903(9) of the
Electronic Fund Transfer Act (15 U.S.C. 1693a(9)) is amended by
striking ``to recur at substantially regular intervals''.
(c) Remotely Created Checks Prohibited.--Section 905 of the
Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at
the end the following new subsection:
``(d) Remotely Created Checks Prohibited.--
``(1) In general.--No person shall deposit, pay, obtain
payment with respect to, or otherwise negotiate a remotely
created check.
``(2) Remotely created check defined.--For purposes of this
subsection, the term `remotely created check' means a check
that--
``(A) is not created by the financial institution
that holds the customer account from which the check is
to be paid; and
``(B) does not bear a signature applied, or
purported to be applied, by the person from whose
account the check is to be paid.''.
(d) Treatment of State Law.--No provision of this Act or any
amendment made by this Act shall be construed as--
(1) preempting any provision of State law, to the extent
that such State law provides greater protection to consumers
than is provided under such provision;
(2) preventing any State from enacting any provision of law
that provides greater protection to consumers than is provided
under such provision;
(3) authorizing covered loans to be made in a State where
they are otherwise not permitted under State law; or
(4) authorizing an extension of credit at an annual
percentage rate that would be prohibited by applicable State
law.
(e) Unenforceability of Contracts.--No contract made in violation
of this Act or any amendment made by this Act may be enforced with
respect to any consumer.
(f) Definitions.--For purposes of this Act, the terms ``consumer''
and ``covered loan'' shall have the meaning given those terms under the
Truth in Lending Act.
(g) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after section 129 the
follow new items:
``129A. Duty of servicers of residential mortgages.
``129B. Covered lending.''.
(h) Effective Date.--The amendments made by this Act shall take
effect at the end of the 180-day period beginning on the date of the
enactment of this Act and shall apply to all covered loans initiated on
or after such date. | Predatory Lending Sunset Act - Amends the Truth in Lending Act to limit the maximum interest rate which a creditor may charge on a covered consumer credit loan of up to $3,000 to an annual percentage rate (APR) of 36%.
Prohibits a creditor from extending a covered loan with respect to which the creditor uses as security either: (1) access to a borrower's financial account; or (2) the title of a vehicle.
Amends the Electronic Fund Transfer Act to prohibit a remotely created check that: (1) is not created by the financial institution that holds the customer account from which the check is to be paid; and (2) does not bear a signature applied by the person from whose account the check is to be paid.
Declares unenforceable, with respect to any consumer, any contract made in violation of this Act. | {"src": "billsum_train", "title": "To amend the Truth in Lending Act to provide an interest rate cap and other requirements for creditors making covered loans, and for other purposes."} | 1,598 | 188 | 0.570484 | 1.705329 | 0.796409 | 4.065868 | 8.532934 | 0.94012 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Health Monitoring and
Research Program Act of 2010''.
SEC. 2. GULF COAST HEALTH MONITORING AND RESEARCH PROGRAM.
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. 399V-5. GULF COAST HEALTH MONITORING AND RESEARCH PROGRAM.
``(a) In General.--To ensure that the Federal Government has
independent, peer-reviewed scientific data and information to assess
short-term and long-term direct and indirect impacts on the health of
oil spill clean-up workers and vulnerable residents resulting from the
Deepwater Horizon oil spill, the Secretary, in consultation with the
Secretary of Labor, the Secretary of Commerce, and the Administrator of
the Environmental Protection Agency, shall establish as soon as
practicable after date of enactment of this section, a short-term and
long-term comprehensive health screening, monitoring, and research
program of oil spill workers and vulnerable residents, and of food
safety affected by the oil spill in the Gulf of Mexico.
``(b) Scope of Program.--The program established under subsection
(a) shall at a minimum include screening affected individuals for
physical and behavioral health effects from the oil spill and the
collection of exposure and health effects data on a statistically
robust cohort of workers and vulnerable residents. In addition, this
program shall include research on food safety of Gulf Coast seafood and
the fresh water supply. This program shall coordinate with other
Federal agencies, including the National Oceanic and Atmospheric
Administration, the Occupational Safety and Health Administration, and
the Environmental Protection Agency, to ensure that health-related data
from exposures related to the oil spill or clean-up efforts in the
possession of such agencies is made available to the program. Data
collected by or on behalf of BP PLC shall also be included.
``(c) Research Advisory Committee.--
``(1) Establishment.--Not later than 60 days after the date
of enactment of this section, the Secretary shall appoint an
independent technical advisory committee to be known as the
Gulf Coast Health Research Advisory Committee.
``(2) Purpose.--The purpose of the Advisory Committee shall
be--
``(A) to offer high quality scientific research
advice to the program established under this section,
including proactive advice regarding each agency's
long-term monitoring and research objectives relating
to workers and vulnerable residents at risk from the
Deepwater Horizon disaster and other oil spills; and
``(B) to provide a forum for ensuring that health
concerns of workers and the public are considered in
determining the priorities for scientific research.
``(3) Membership.--
``(A) Composition.--The Advisory Committee shall be
composed of at least 10 but not more than 15 members.
Members shall be qualified by education, training, and
experience to provide scientific and technical advice
with regard to environmental health and occupational
health methods and research, including epidemiology,
dose reconstruction, toxicology, risk and health
communication, and medical ethics. At least 4 members
shall be representative of the concerned and affected
populations, including 1 member to represent commercial
fishermen who were part of the Vessel of Opportunities
program organized by BP PLC to recruit boat owners to
assist in the response to the Deepwater Horizon oil
spill, 1 member to represent other workers involved in
cleanup of spill, and 2 members to represent the
potentially affected public in Gulf coastal
communities. Consultants and nonvoting liaison
representatives may be invited as needed.
``(B) Appointment and terms.--The Secretary shall
appoint Advisory Committee members, including a chair
and vice chair to the Advisory Committee. Each term of
a member's service on the Advisory Committee shall be 3
years, except for initial terms, which may be up to 5
years in length to allow staggering. Members may be
reappointed and may serve after expiration of their
terms until their successors have been seated on the
Advisory Committee.
``(C) Conflicts of interest.--The Secretary shall
establish requirements to ensure that members of the
Advisory Committee do not have any conflicts of
interest.
``(4) Duties.--The Advisory Committee shall--
``(A) provide advice on the development and
implementation of the health research program;
``(B) respond to requests for advice from the
appropriate Federal official on matters within the
Advisory Committee's expertise; and
``(C) as appropriate, review reports or other
documents submitted to the appropriate Federal
officials pursuant to this section to obtain
information on protecting the health and safety of
cleanup workers and vulnerable communities.
``(d) Cooperation and Consultation.--In developing the research and
monitoring program established under subsection (a), the Secretary
shall consult with related agencies in the Department of Labor
(including the Occupational Safety and Health Administration), the
Department of Commerce (including the National Oceanic and Atmospheric
Administration), and the Environmental Protection Agency, and shall
consult with--
``(1) appropriate representatives from the Gulf Coast
States and localities;
``(2) local and State health department officials;
``(3) academic institutions and other research
organizations;
``(4) worker representatives, community representatives,
and other members of the Gulf Coast communities; and
``(5) other experts with expertise in human health and
environmental monitoring and research.
``(e) Duties.--The primary duty of the program established in
section (a) is to implement and carry out the health program, including
collecting baseline health information, and conducting health
screening, monitoring, surveillance, and research. The program
specifically shall include the following research elements:
``(1) Exposure of workers and vulnerable residents to oil,
dispersants, and other chemicals and physical hazards during
the clean-up effort, including--
``(A) information about the use of personal
protective equipment;
``(B) biological sampling where appropriate; and
``(C) information on such exposure of workers and
vulnerable residents who may be more susceptible to
environmental health impacts due to their age,
preexisting health status, pregnancy status, or other
factors determined by the Secretary.
``(2) Acute health symptoms or biological findings during
the active clean-up period.
``(3) Reproductive effects or effects on fetal or infant
development, where relevant.
``(4) Chronic health effects, including genetic and
immunological alterations in cells and tissues.
``(5) Mental health effects, including stress, anxiety,
depression, PTSD, and related symptoms.
``(6) Levels of elevated hazardous substances in Gulf Coast
seafood and local fresh water sources.
``(7) Other elements considered necessary by the Secretary
to ensure a comprehensive environmental health research and
monitoring program--
``(A) to comprehend and understand the implications
to worker and public health caused by the Deepwater
Horizon oil spill; and
``(B) to make such recommendations to the Secretary
as may assist in improving the response to, and
management and monitoring of, any future oil spills.
``(f) Report.--No later than 1 year after the establishment of the
program under subsection (a), and biennially thereafter, the Secretary
shall forward to the Congress and make available to the public a
comprehensive report summarizing the activities and findings of the
program and detailing areas and issues requiring future monitoring and
research. Reports shall continue for at least 20 years after the date
of enactment of this section, and the Secretary may extend the
reporting provision beyond this initial period based upon a
determination that additional monitoring and research is warranted.
After 3 years, the Advisory Committee shall issue a report, forwarded
to the Congress and made available to the public, examining lessons
learned and a blueprint of best practices to handle future
environmental health disasters, including strategies for rapid
deployment of data collection and health monitoring and registering of
individuals exposed to the environmental health disaster.
``(g) Disclosure Authority.--The Secretary may by order compel BP
PLC to provide health-related data and information collected by or on
behalf of BP PLC, except to the extent such data or information is
protected from disclosure under Federal law.
``(h) Availability of Data.--The Secretary shall maintain and
archive information obtained or generated through the program
established under subsection (a) in a manner that will facilitate use
of such information for the health monitoring and research purposes of
the program and ensure that it is accessible and available to
governmental and nongovernmental personnel for relevant research in
accordance with applicable State and Federal law. Individual health
information shall be handled in a manner that will protect individual
patient confidentiality.
``(i) Definitions.--For the purposes of this section--
``(1) the term `Gulf Coast State' means each of the States
of Texas, Louisiana, Mississippi, Alabama, and Florida;
``(2) the term `Advisory Committee' means the Gulf Coast
Health Research Advisory Committee established under subsection
(c).
``(3) the term `vulnerable residents' means individuals who
live in Gulf Coast States in areas where they may be exposed to
hazardous substances related to the oil spill; and
``(4) the term `workers' means paid or volunteer staff
participating in the Deepwater Horizon oil spill cleanup.''. | Gulf Coast Health Monitoring and Research Program Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a short-term and long-term comprehensive health screening, monitoring, and research program of: (1) oil spill workers and vulnerable residents; and (2) food safety affected by the oil spill in the Gulf of Mexico.
Directs the Secretary to appoint the Gulf Coast Health Research Advisory Committee in order to: (1) offer high-quality scientific research advice to the program established under this Act, including proactive advice regarding each federal agency's long-term monitoring and research objectives relating to workers and vulnerable residents at risk from the Deepwater Horizon disaster and other oil spills; and (2) provide a forum for ensuring that health concerns of workers and the public are considered in determining the priorities for scientific research. Requires the Secretary to ensure that members of the Advisory Committee do not have any conflicts of interest.
Requires the Advisory Committee to: (1) provide advice on the development and implementation of the health research program; (2) respond to requests for advice from the appropriate federal official on matters within the Advisory Committee's expertise; and (3) as appropriate, review reports or other documents submitted to the appropriate federal officials pursuant to this Act to obtain information on protecting the health and safety of cleanup workers and vulnerable communities.
Authorizes the Secretary to compel BP PLC to provide health-related data and information collected by or on behalf of BP PLC, except to the extent such data or information is protected from disclosure under federal law. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to ensure that the Federal Government has independent, peer-reviewed scientific data and information to assess short-term and long-term direct and indirect impacts on the health of oil spill clean-up workers and vulnerable residents resulting from the Deepwater Horizon oil spill, and for other purposes."} | 2,003 | 335 | 0.738215 | 2.253424 | 0.848904 | 6.295238 | 6.2 | 0.974603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Interstate Distribution of State-
Inspected Meat Act of 1996''.
SEC. 2. FEDERAL AND STATE COOPERATION WITH RESPECT TO MEAT INSPECTION.
(a) Waiver of Intrastate Distribution Limitation Under the Federal
Meat Inspection Act.--Section 301(a) of the Federal Meat Inspection Act
(21 U.S.C. 661(a)) is amended by adding the following paragraph at the
end thereof:
``(5) Upon application of an appropriate State agency with
which the Secretary may cooperate under this Act, the Secretary
shall reevaluate the applicant State's meat inspection program
to verify that its mandatory requirements are at least equal to
the Federal inspection, reinspection, and sanitation
requirements under title I of this Act.
``(A) In the event that the Secretary verifies that
the mandatory inspection requirements of the applicant
State are at least equal to Federal inspection
requirements, the limitation in paragraph (1) of this
section which restricts meat inspected by the applicant
State to intrastate distribution shall be waived by the
Secretary.
``(B) Following any waiver under subparagraph (A)
of this paragraph, the Secretary is authorized to
perform random inspections of State-inspected plants
within the applicant State to ensure that the mandatory
State inspection requirements employed therein are at
least equal to the substantive Federal inspection
requirements under title I of this Act.
``(C) The Secretary may utilize Federal personnel,
or may cooperate with the appropriate State agency
under this Act to train and utilize State personnel, to
perform any random inspections authorized by this
paragraph.
``(D) In the event that a random inspection
performed under this paragraph discloses that a State-
inspected plant is not employing mandatory inspection
requirements at least equal to the substantive Federal
inspection requirements under title I of this Act, the
Secretary shall reimpose the restriction against the
interstate distribution of meat and meat products
produced at that plant until a subsequent inspection
verifies that the plant has reestablished mandatory
inspection requirements at least equal to the
substantive Federal inspection requirements under title
I of this Act.''.
(b) Waiver of Intrastate Distribution Limitation Under the Poultry
Products Inspection Act.--Section 5(a) of the Poultry Products
Inspection Act (21 U.S.C. 454(a)) is amended by adding the following
paragraph at the end thereof:
``(5) Upon application of an appropriate State agency with
which the Secretary may cooperate under this Act, the Secretary
shall reevaluate the applicant State's poultry inspection
program to verify that its mandatory requirements are at least
equal to the Federal inspection, reinspection, and sanitation
requirements of this Act.
``(A) In the event that the Secretary verifies that
the mandatory inspection requirements of the applicant
State are at least equal to Federal inspection
requirements, the limitation in paragraph (1) of this
section that restricts poultry or poultry products
inspected by the applicant State to intrastate
distribution shall be waived by the Secretary.
``(B) Following any waiver under subparagraph (A)
of this paragraph, the Secretary is authorized to
perform random inspections of State-inspected plants
within the applicant State to ensure that the mandatory
State inspection requirements employed therein are at
least equal to the substantive Federal inspection
requirements under title I of this Act.
``(C) The Secretary may utilize Federal personnel,
or may cooperate with the appropriate State agency
under this Act to train and utilize State personnel, to
perform any random inspections authorized by this
paragraph.
``(D) In the event that a random inspection
performed under this paragraph discloses that a State-
inspected plant is not employing mandatory inspection
requirements at least equal to the substantive Federal
inspection requirements of this Act, the Secretary
shall reimpose the restriction against the interstate
distribution of poultry and poultry products produced
at that plant until a subsequent inspection verifies
that the plant has reestablished mandatory inspection
requirements at least equal to the substantive
inspection Federal requirements of this Act.''. | Interstate Distribution of State-Inspected Meat Act of 1996 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to permit interstate distribution of State-inspected meat and poultry under specified circumstances. | {"src": "billsum_train", "title": "Interstate Distribution of State-Inspected Meat Act of 1996"} | 868 | 49 | 0.598827 | 1.39353 | 0.68771 | 2.631579 | 21.684211 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuity in Representation Act of
2004''.
SEC. 2. REQUIRING SPECIAL ELECTIONS TO BE HELD TO FILL VACANCIES IN
HOUSE IN EXTRAORDINARY CIRCUMSTANCES.
Section 26 of the Revised Statutes of the United States (2 U.S.C.
8) is amended--
(1) by striking ``The time'' and inserting ``(a) In
General.--Except as provided in subsection (b), the time''; and
(2) by adding at the end the following new subsection:
``(b) Special Rules in Extraordinary Circumstances.--
``(1) In general.--In extraordinary circumstances, the
executive authority of any State in which a vacancy exists in
its representation in the House of Representatives shall issue
a writ of election to fill such vacancy by special election.
``(2) Timing of special election.--A special election held
under this subsection to fill a vacancy shall take place not
later than 45 days after the Speaker of the House of
Representatives announces that the vacancy exists, unless a
regularly scheduled general election for the office involved is
to be held at any time during the 75-day period which begins on
the date of the announcement of the vacancy.
``(3) Nominations by parties.--If a special election is to
be held under this subsection, not later than 10 days after the
Speaker announces that the vacancy exists, the political
parties of the State that are authorized to nominate candidates
by State law may each nominate one candidate to run in the
election.
``(4) Extraordinary circumstances.--
``(A) In general.--In this subsection,
`extraordinary circumstances' occur when the Speaker of
the House of Representatives announces that vacancies
in the representation from the States in the House
exceed 100.
``(B) Judicial review.--If any action is brought
for declaratory or injunctive relief to challenge an
announcement made under subparagraph (A), the following
rules shall apply:
``(i) Not later than 2 days after the
announcement, the action shall be filed in the
United States District Court having
jurisdiction in the district of the Member of
the House of Representatives whose seat has
been announced to be vacant and shall be heard
by a 3-judge court convened pursuant to section
2284 of title 28, United States Code.
``(ii) A copy of the complaint shall be
delivered promptly to the Clerk of the House of
Representatives.
``(iii) A final decision in the action
shall be made within 3 days of the filing of
such action and shall not be reviewable.
``(iv) The executive authority of the State
that contains the district of the Member of the
House of Representatives whose seat has been
announced to be vacant shall have the right to
intervene either in support of or opposition to
the position of a party to the case regarding
the announcement of such vacancy.
``(5) Protecting ability of absent military and overseas
voters to participate in special elections.--
``(A) Deadline for transmittal of absentee
ballots.--In conducting a special election held under
this subsection to fill a vacancy in its
representation, the State shall ensure to the greatest
extent practicable (including through the use of
electronic means) that absentee ballots for the
election are transmitted to absent uniformed services
voters and overseas voters (as such terms are defined
in the Uniformed and Overseas Citizens Absentee Voting
Act) not later than 15 days after the Speaker of the
House of Representatives announces that the vacancy
exists.
``(B) Period for ballot transit time.--
Notwithstanding the deadlines referred to in paragraphs
(2) and (3), in the case of an individual who is an
absent uniformed services voter or an overseas voter
(as such terms are defined in the Uniformed and
Overseas Citizens Absentee Voting Act), a State shall
accept and process any otherwise valid ballot or other
election material from the voter so long as the ballot
or other material is received by the appropriate State
election official not later than 45 days after the
State transmits the ballot or other material to the
voter.
``(6) Rule of construction regarding federal election
laws.--Nothing in this subsection may be construed to affect
the application to special elections under this subsection of
any Federal law governing the administration of elections for
Federal office (including any law providing for the enforcement
of any such law), including, but not limited to, the following:
``(A) The Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.), as amended.
``(B) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.), as amended.
``(C) The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.), as amended.
``(D) The National Voter Registration Act of 1993
(42 U.S.C. 1973gg et seq.), as amended.
``(E) The Americans With Disabilities Act of 1990
(42 U.S.C. 12101 et seq.), as amended.
``(F) The Rehabilitation Act of 1973 (29 U.S.C. 701
et seq.), as amended.
``(G) The Help America Vote Act of 2002 (42 U.S.C.
15301 et seq.), as amended.''.
Passed the House of Representatives April 22, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Continuity in Representation Act of 2004 - Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections to fill vacancies in the House of Representatives within 45 days after a vacancy is announced by the Speaker of the House in the extraordinary circumstance that vacancies in representation from the States exceed 100. Waives the 45-day requirement if a regularly scheduled general election for the office involved is to be held at any time within a 75-day period beginning on the date of the vacancy announcement.
Permits the political parties of a State that are authorized to nominate candidates by State law to each nominate one candidate to run in the special election not later than ten days after the Speaker announces that the vacancy exists.
Sets forth requirements for judicial review of any action which is brought for declaratory or injunctive relief to challenge an announcement made under this Act. Requires a final decision in an action to be made within three days of filing of such action. Makes a final decision non-reviewable.
Provides that in conducting a special election under this Act to fill a vacancy in its representation, the State is required to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for election are transmitted to absent uniformed services voters and overseas voters not later than 15 days after the Speaker of the House announces that the vacancy exists. Provides that in the case of an individual who is an absent uniformed services voter or an overseas voter, a State is required to accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter.
Declares that nothing in these Special Rules in Extraordinary Circumstances may be construed to affect the application to special elections under such Rules of any Federal law governing the administration of elections for Federal office (including any law providing for the enforcement of any such law), including, but not limited to: (1) the Voting Rights Act of 1965, as amended; (2) the Voting Accessibility for the Elderly and Handicapped Act, as amended; (3) the Uniformed and Overseas Citizens Absentee Voting Act, as amended; (4) the National Voter Registration Act of 1993, as amended; (5) the Americans With Disabilities Act of 1990, as amended; (6) the Rehabilitation Act of 1973, as amended; and (7) the Help America Vote Act of 2002, as amended. | {"src": "billsum_train", "title": "To require States to hold special elections to fill vacancies in the House of Representatives not later than 45 days after the vacancy is announced by the Speaker of the House of Representatives in extraordinary circumstances."} | 1,289 | 568 | 0.695562 | 2.160385 | 0.796249 | 4.995951 | 2.291498 | 0.94332 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park System Laws Technical
Amendments Act of 2004''.
SEC. 2. LACKAWANNA VALLEY HERITAGE AREA.
Section 106 of the Lackawanna Valley National Heritage Area Act of
2000 (16 U.S.C. 461 note; Public Law 106-278) is amended by striking
subsection (a) and inserting the following:
``(a) Authorities of Management Entity.--For purposes of preparing
and implementing the management plan, the management entity may--
``(1) make grants to, and enter into cooperative agreements
with, the State and political subdivisions of the State, private
organizations, or any person; and
``(2) hire and compensate staff.''.
SEC. 3. HAWAI'I VOLCANOES NATIONAL PARK.
Section 5 of the Act of June 20, 1938 (16 U.S.C. 392c) is amended
by striking ``Hawaii Volcanoes'' each place it appears and inserting
``Hawai'i Volcanoes''.
SEC. 4. ``I HAVE A DREAM'' PLAQUE AT LINCOLN MEMORIAL.
Section 2 of Public Law 106-365 (114 Stat. 1409) is amended by
striking ``and expand contributions'' and inserting ``and expend
contributions''.
SEC. 5. WILD AND SCENIC RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended--
(1) by redesignating paragraph (162) (relating to White Clay
Creek, Delaware and Pennsylvania) as paragraph (163);
(2) by designating the second paragraph (161) (relating to the
Wekiva River, Wekiwa Springs Run, Rock Springs Run, and Black Water
Creek, Florida) as paragraph (162);
(3) by designating the undesignated paragraph relating to the
Wildhorse and Kiger Creeks, Oregon, as paragraph (164);
(4) by redesignating the third paragraph (161) (relating to the
Lower Delaware River and associated tributaries, New Jersey and
Pennsylvania) as paragraph (165) and by indenting appropriately;
and
(5) by redesignating the undesignated paragraph relating to the
Rivers of Caribbean National Forest, Puerto Rico, as paragraph
(166).
SEC. 6. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL
PARK.
The Rosie the Riveter/World War II Home Front National Historical
Park Establishment Act of 2000 (16 U.S.C. 410ggg et seq.) is amended--
(1) in section 2(b), by striking ``numbered 963/80000'' and
inserting ``numbered 963/80,000''; and
(2) in section 3--
(A) in subsection (a)(1), by striking ``August 35'' and
inserting ``August 25'';
(B) in subsection (b)(1), by striking ``the World War II
Child Development Centers, the World War II worker housing, the
Kaiser-Permanente Field Hospital, and Fire Station 67A'' and
inserting ``the Child Development Field Centers (Ruth C.
Powers) (Maritime), Atchison Housing, the Kaiser-Permanente
Field Hospital, and Richmond Fire Station 67A''; and
(C) in subsection (e)(2), by striking ``the World War II
day care centers, the World War II worker housing, the Kaiser-
Permanente Field Hospital, and Fire Station 67,'' and inserting
``the Child Development Field Centers (Ruth C. Powers)
(Maritime), Atchison Housing, the Kaiser-Permanente Field
Hospital, and Richmond Fire Station 67A,''.
SEC. 7. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS.
The Vicksburg Campaign Trail Battlefields Preservation Act of 2000
(114 Stat. 2202) is amended--
(1) in section 2(a)(1), by striking ``and Tennessee'' and
inserting ``Tennessee, and Kentucky''; and
(2) in section 3--
(A) in paragraph (1), by striking ``and Tennessee,'' and
inserting ``Tennessee, and Kentucky,''; and
(B) in paragraph (2)--
(i) in subparagraph (R), by striking ``and'' at the
end;
(ii) by redesignating subparagraph (S) as subparagraph
(T); and
(iii) by inserting after subparagraph (R) the
following:
``(S) Fort Heiman in Calloway County, Kentucky, and
resources in and around Columbus in Hickman County, Kentucky;
and''.
SEC. 8. HARRIET TUBMAN SPECIAL RESOURCE STUDY.
Section 3(c) of the Harriet Tubman Special Resource Study Act
(Public Law 106-516; 114 Stat. 2405) is amended by striking ``Public
Law 91-383'' and all that follows through ``(P.L. 105-391; 112 Stat.
3501)'' and inserting ``section 8 of Public Law 91-383 (16 U.S.C. 1a-
5)''.
SEC. 9. PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS.
Employees of the foundations established by Acts of Congress to
solicit private sector funds on behalf of Federal land management
agencies shall qualify for General Service Administration contract
airfares.
SEC. 10. SHORT TITLES.
(a) National Park Service Organic Act.--The Act of August 25, 1916
(commonly known as the ``National Park Service Organic Act'') (16
U.S.C. 1 et seq.) is amended by adding at the end the following:
``SEC. 5. SHORT TITLE.
``This Act may be cited as the `National Park Service Organic
Act'.''.
(b) National Park System General Authorities Act.--Public Law 91-
383 (commonly known as the ``National Park System General Authorities
Act'') (16 U.S.C. 1a-1 et seq.) is amended by adding at the end the
following:
``SEC. 14. SHORT TITLE.
``This Act may be cited as the `National Park System General
Authorities Act'.''.
SEC. 11. PARK POLICE INDEMNIFICATION.
Section 2(b) of Public Law 106-437 (114 Stat. 1921) is amended by
striking ``the Act'' and inserting ``of the Act''.
SEC. 12. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.
Section 1029 of division I of the Omnibus Parks and Public Lands
Management Act of 1996 (110 Stat. 4233) is amended--
(1) in subsection (c)(2)(B)(i), by striking ``reference'' and
inserting ``referenced''; and
(2) in subsection (d)(4), by inserting a period after
``plans''.
SEC. 13. NATIONAL HISTORIC PRESERVATION ACT.
Section 5(a)(8) of the National Historic Preservation Act
Amendments of 2000 (Public Law 106-208; 114 Stat. 319) is amended by
striking ``section 110(1)'' and inserting ``section 110(l)''.
SEC. 14. NATIONAL TRAILS SYSTEM ACT.
The National Trails System Act (16 U.S.C. 1241 et seq.) is
amended--
(1) in section 5--
(A) in subsection (c)--
(i) in paragraph (19), by striking ``Kissimme'' and
inserting ``Kissimmee'';
(ii) in paragraph (40)(D) by striking ``later that''
and inserting ``later than''; and
(iii) by designating the undesignated paragraphs
relating to the Metacoment-Monadnock-Mattabesett Trail and
The Long Walk Trail as paragraphs (41) and (42),
respectively; and
(B) in the first sentence of subsection (d), by striking
``establishment.''; and
(2) in section 10(c)(1), by striking ``The Ice Age'' and
inserting ``the Ice Age''.
SEC. 15. VICKSBURG NATIONAL MILITARY PARK.
Section 3(b) of the Vicksburg National Military Park Boundary
Modification Act of 2002 (16 U.S.C. 430h-11) is amended by striking
``the Secretary add it'' and inserting ``the Secretary shall add the
property''.
SEC. 16. ALLEGHENY PORTAGE RAILROAD NATIONAL HISTORIC SITE.
Section 2(2) of the Allegheny Portage Railroad National Historic
Site Boundary Revision Act (Public Law 107-369; 116 Stat. 3069) is
amended by striking ``NERO 423/80,014 and dated May 01'' and inserting
``NERO 423/80,014A and dated July 02''.
SEC. 17. TALLGRASS PRAIRIE NATIONAL PRESERVE.
Section 1006(b) of division I of the Omnibus Parks and Public Lands
Management Act of 1996 (110 Stat. 4208) is amended by striking
``subsection (a)(1)'' and inserting ``subsection (a)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Park System Laws Technical Amendments Act of 2004 - Makes technical and clerical amendments to specified parks and public land laws.
(Sec. 2) Amends the Lackawanna Valley National Heritage Area Act of 2000 to authorize the Lackawanna Heritage Valley Authority to make grants and enter into cooperative agreements.
(Sec. 7) Amends the Vicksburg Campaign Trail Battlefields Preservation Act of 2000 to include Fort Heiman, Kentucky, and resources in and around Columbus, Kentucky, within the battlefield areas for preservation.
(Sec. 9) Allows employees of foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies to qualify for General Services Administration (GSA) contract airfares.
(Sec. 10) Designates as official titles the popular names for the National Park Service Organic Act and the National Park System General Authorities Act. | {"src": "billsum_train", "title": "An original bill to make technical corrections to laws relating to certain units of the National Park System and to National Park programs."} | 2,198 | 195 | 0.423225 | 1.467667 | 0.787743 | 3.580247 | 11.030864 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Puerco Watershed Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) over time, extensive ecological changes have occurred
in the Rio Puerco watershed, including--
(A) erosion of agricultural and range lands;
(B) impairment of waters due to heavy
sedimentation;
(C) reduced productivity of renewable resources;
(D) loss of biological diversity;
(E) loss of functioning riparian areas; and
(F) loss of available surface water;
(2) damage to the watershed has seriously affected the
economic and cultural well-being of its inhabitants,
including--
(A) loss of existing communities that were based on
the land and were self-sustaining; and
(B) adverse effects on the traditions, customs, and
cultures of the affected communities;
(3) a healthy and sustainable ecosystem is essential to the
long-term economic and cultural viability of the region;
(4) the impairment of the Rio Puerco watershed has damaged
the ecological and economic well-being of the area below the
junction of the Rio Puerco with the Rio Grande including--
(A) disruption of ecological processes;
(B) water quality impairment;
(C) significant reduction in the water storage
capacity and life expectancy of the Elephant Butte Dam
and Reservoir system due to sedimentation;
(D) chronic problems of irrigation system channel
maintenance; and
(E) increased risk of flooding caused by sediment
accumulation;
(5) the Rio Puerco is a major tributary of the Rio Grande
and the coordinated implementation of ecosystem-based best
management practices for the Rio Puerco system could benefit
the larger Rio Grande system;
(6) the Rio Puerco watershed has been stressed from the
loss of native vegetation, introduction of exotic species, and
alteration of riparian habitat which have disrupted the
original dynamics of the river and disrupted natural ecological
processes;
(7) the Rio Puerco watershed is a mosaic of private,
Federal, tribal trust, and State land ownership with diverse,
sometimes differing management objectives;
(8) development, implementation, and monitoring of an
effective watershed management program for the Rio Puerco
watershed requires cooperation among--
(A) the Bureau of Land Management;
(B) the Rio Puerco Watershed Committee;
(C) the National Forest Service;
(D) the Pueblos of Acoma, Isleta, Jemez, and
Laguna;
(E) the Eastern and Canoncito Bands of the Navajo
nation;
(F) the Jicarilla Apache Tribe;
(G) the Bureau of Reclamation;
(H) the Geological Survey;
(I) the Bureau of Indian Affairs;
(J) the Fish and Wildlife Service;
(K) the Soil and Conservation Service;
(L) the Army Corps of Engineers;
(M) the National Park Service;
(N) the State of New Mexico;
(O) private landowners;
(P) local and regional governmental entities;
(Q) other interested citizens; and
(R) affected local soil and water conservation
districts;
(9) the Secretary of the Interior, acting through the
Director of the Bureau of Land Management, in consultation with
the entities listed in paragraph (7), and in cooperation with
the Rio Puerco Watershed Committee, is best suited to
coordinate management efforts in the Rio Puerco watershed; and
(10) accelerating the pace of improvement in Rio Puerco
watershed on a coordinated, cooperative basis will benefit
persons living in the watershed as well as downstream users on
the Rio Grande.
SEC. 3. MANAGEMENT PROGRAM.
(a) In General.--The Secretary of the Interior, acting through the
Bureau of Land Management and in consultation with the Rio Puerco
Management Committee established pursuant to section 4, shall--
(1) establish a clearinghouse for research and information
on management within the Rio Puerco watershed, as described in
the attached map, including--
(A) current and historical natural resource
conditions;
(B) data concerning the extent and causes of
watershed impairment; and
(C) implementation, monitoring, and evaluation of
best management practices initiated within the
watershed; and
(2) provide support to the Rio Puerco Management Committee
to identify objectives, coordinate implementation of best
management practices, and monitor results.
(b) Rio Puerco Management Plan.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in consultation with the
Rio Puerco Management Committee, shall prepare a plan for the
restoration of the Rio Puerco watershed. The plan shall--
(1) identify reasonable and appropriate goals and
objectives for landowners and managers in the Rio Puerco
watershed;
(2) describe potential alternative actions to meet the
goals and objectives, including proven best management
practices and costs associated with implementing the actions;
(3) recommend voluntary implementation of appropriate best
management practices on both public and private lands;
(4) provide for cooperative development of management
guidelines for maintaining and improving the ecological,
cultural, and economic conditions on both public and private
lands;
(5) provide for the development of public participation and
community outreach programs that would include proposals for--
(A) cooperative efforts with private landowners to
encourage implementation of best management practices
within the watershed; and
(B) involving private citizens in restoring the
watershed;
(6) provide for the development of proposals for voluntary
cooperative programs among the Rio Puerco Management Committee
membership to implement best management practices in a
coordinated, consistent, and cost-effective manner;
(7) provide for the encouragement and support
implementation of best management practices on private lands;
and
(8) provide for the development of proposals for a
monitoring system that--
(A) builds upon existing data available from
private, Federal, and State sources;
(B) provides for the coordinated collection,
evaluation, and interpretation of additional data as
needed or collected; and
(C) will provide information to--
(i) assess existing resource and
socioeconomic conditions;
(ii) identify priority implementation
actions; and
(iii) assess the effectiveness of actions
taken.
(c) Additional Assistance.--If the Secretary of the Interior
determines that employment of additional personnel is necessary to
carry out this Act, the Secretary shall, where feasible, employ
individuals who reside in the vicinity of the Rio Puerco watershed
restoration area.
SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE.
(a) Establishment.--There is established the Rio Puerco Management
Committee (referred to in this section as the ``Committee'').
(b) Membership.--The Committee shall be convened by a
representative of the Bureau of Land Management, and shall include
representatives from--
(1) the Rio Puerco Watershed Committee;
(2) affected tribes and pueblos;
(3) the National Forest Service of the Department of
Agriculture;
(4) the Bureau of Reclamation;
(5) the Geological Survey;
(6) the Bureau of Indian Affairs;
(7) the Fish and Wildlife Service;
(8) the Army Corps of Engineers;
(9) the Soil and Conservation Service of the Department of
Agriculture;
(10) the State of New Mexico, including the New Mexico
Environment Department and the State Engineer;
(11) affected local Soil and Water Conservation Districts;
(12) the Elephant Butte Irrigation District;
(13) private landowners; and
(14) other interested citizens.
(c) Duties.--The Rio Puerco Management Committee shall--
(1) advise the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, on the
development and implementation of the Rio Puerco Management
Program described in section 3; and
(2) serve as a forum for information about activities that
may affect or further the development and implementation of the
best management practices described in section 3.
SEC. 5. REPORT.
Two years after the date of enactment of this Act, and biennially
thereafter, the Secretary of the Interior, in consultation with the Rio
Puerco Management Committee, shall transmit to the Committee on Energy
and Natural Resources of the Senate and to the Committee on Natural
Resources of the House of Representatives a report containing--
(1) a summary of accomplishments as outlined in section 3;
and
(2) proposals for joint implementation efforts, including
funding recommendations.
SEC. 6. LOWER RIO GRANDE HABITAT STUDY.
(a) In General.--The Secretary of the Interior, acting through the
Director of the Fish and Wildlife Service shall, in cooperation with
the States of New Mexico and Texas, conduct a study of the Rio Grande
from Caballo Lake to the Gulf of Mexico. The study shall include--
(1) a survey of the current habitat conditions of the river
and its riparian environment;
(2) identification of the changes in vegetation and habitat
over the past 400 years and the affect of the changes on the
river and riparian area; and
(3) an assessment of the feasibility, benefits, and
problems associated with activities to prevent further habitat
loss and restoration of habitat through reintroduction or
establishment of appropriate native plant species.
(b) Transmittal.--Not later than 1 year after the date on which
funds are made available to carry out this Act, the Secretary shall
transmit the study authorized by this section to the Committee on
Energy and Natural Resources of the Senate and to the Committee on
Natural Resources of the House of Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, and to implement the plan prepared pursuant to
section 3(b). | Rio Puerco Watershed Act of 1994 - Directs the Secretary of the Interior to: (1) establish a clearinghouse for research and information on the management of the Rio Puerco Watershed; and (2) provide support to the Rio Puerco Management Committee to identify objectives, coordinate implementation of best management practices, and monitor results concerning the watershed's management. Directs the Secretary to prepare a plan for the restoration of such watershed.
Establishes the Rio Puerco Management Committee to: (1) advise the Secretary on the development and implementation of the management program; and (2) serve as a forum of information concerning the watershed and implementation of best management practices.
Directs the Secretary to: (1) report to specified congressional committees on the implementation of this Act; and (2) study and report to such committees on the Rio Grande from Caballo Lake to the Gulf of Mexico.
Authorizes appropriations. | {"src": "billsum_train", "title": "Rio Puerco Watershed Act of 1994"} | 2,065 | 191 | 0.59989 | 1.791957 | 0.868324 | 4.431818 | 11.392045 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spyware Control and Privacy
Protection Act of 2001''.
SEC. 2. COLLECTION OF INFORMATION BY COMPUTER SOFTWARE.
(a) Notice and Choice Required.--
(1) In general.--Any computer software made available to
the public, whether by sale or without charge, that includes a
capability to collect information about the user of such
computer software, the hardware on which such computer software
is used, or the manner in which such computer software is used,
and to disclose to such information to any person other than
the user of such computer software, shall include--
(A) a clear and conspicuous written notice, on the
first electronic page of the instructions for the
installation of such computer software, that such
computer software includes such capability;
(B) a description of the information subject to
collection and the name and address of each person to
whom such computer software will transmit or otherwise
communicate such information; and
(C) a clear and conspicuous written electronic
notice, in a manner reasonably calculated to provide
the user of such computer software with easily
understood instructions on how to disable such
capability without affecting the performance or
operation of such computer software for the purposes
for which such computer software was intended.
(2) Enablement of capability.--A capability of computer
software described in paragraph (1) may not be enabled unless
the user of such computer software provides affirmative
consent, in advance, to the enablement of the capability.
(3) Exception.--The requirements in paragraphs (1) and (2)
shall not apply to any capability of computer software that is
reasonably needed to--
(A) determine whether or not the user is a licensed
or authorized user of such computer software;
(B) provide, upon request of the user, technical
support of the use of such computer software by the
user; or
(C) enable an employer to monitor computer usage by
its employees while such employees are within the scope
of employment as authorized by applicable Federal,
State, or local law.
(4) Use of information collected through excepted
capability.--Any information collected through a capability
described in paragraph (1) for a purpose referred to in
paragraph (3) may be utilized only for the purpose for which
such information is collected under paragraph (3).
(5) Access to information collected through excepted
capability.--Any person collecting information about a user of
computer software through a capability described in paragraph
(1) shall--
(A) upon request of the user, provide reasonable
access by user to information so collected;
(B) provide a reasonable opportunity for the user
to correct, delete, or supplement such information; and
(C) make the correction or supplementary
information a part of the information about the user
for purposes of any future use of such information
under this subsection.
(6) Security of information collected through excepted
capability.--Any person collecting information through a
capability described in paragraph (1) shall establish and
maintain reasonable procedures necessary to protect the
security, confidentiality, and integrity of such information.
(b) Preinstallation.--In the case of computer software described in
subsection (a)(1) that is installed on a computer by someone other than
the user of such computer software, whether through preinstallation by
the provider of such computer or computer software, by installation by
someone before delivery of such computer to the user, or otherwise, the
notice and instructions under that subsection shall be provided in
electronic form to the user before the first use of such computer
software by the user.
(c) Violations.--A violation of subsection (a) or (b) shall be
treated as an unfair or deceptive act or practice proscribed by section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(d) Disclosure to Law Enforcement or Under Court Order.--
(1) In general.--Notwithstanding any other provision of
this section, a computer software provider that collects
information about users of the computer software may disclose
information about a user of the computer software--
(A) to a law enforcement agency in response to a
warrant issued under the Federal Rules of Criminal
Procedure, an equivalent State warrant, or a court
order issued in accordance with paragraph (3); or
(B) in response to a court order in a civil
proceeding granted upon a showing of compelling need
for the information that cannot be accommodated by any
other means if--
(i) the user to whom the information
relates is given reasonable notice by the
person seeking the information of the court
proceeding at which the order is requested; and
(ii) the user is afforded a reasonable
opportunity to appear and contest the issuance
of the requested order or to narrow its scope.
(2) Safeguards against further disclosure.--A court that
issues an order described in paragraph (1) shall impose
appropriate safeguards on the use of the information to protect
against its unauthorized disclosure.
(3) Court orders.--A court order authorizing disclosure
under paragraph (1)(A) may issue only with prior notice to the
user and only if the law enforcement agency shows that there is
probable cause to believe that the user has engaged, is
engaging, or is about to engage in criminal activity and that
the records or other information sought are material to the
investigation of such activity. In the case of a State
government authority, such a court order shall not issue if
prohibited by the law of such State. A court issuing an order
pursuant to this paragraph, on a motion made promptly by the
computer software provider may quash or modify such order if
the information or records requested are unreasonably
voluminous in nature or if compliance with such order otherwise
would cause an unreasonable burden on the provider.
(e) Private Right of Action.--
(1) Actions authorized.--A person may, if otherwise
permitted by the laws or rules of court of a State, bring in an
appropriate Federal court, if such laws or rules prohibit such
actions, either or both of the actions as follows:
(A) An action based on a violation of subsection
(a) or (b) to enjoin such violation.
(B) An action to recover actual monetary loss for a
violation of subsection (a) or (b) in an amount equal
to the greater of--
(i) the amount of such actual monetary
loss; or
(ii) $2,500 for such violation, not to
exceed a total amount of $500,000.
(2) Additional remedy.--If the court in an action under
paragraph (1) finds that the defendant willfully, knowingly, or
repeatedly violated subsection (a) or (b), the court may, in
its discretion, increase the amount of the award under
paragraph (1)(B) to an amount not greater than three times the
amount available under paragraph (1)(B)(ii).
(3) Litigation costs and attorney fees.--In any action
under paragraph (1), the court may, in its discretion, require
an undertaking for the payment of the costs of such action and
assess reasonable costs, including reasonable attorney fees,
against the defendant.
(4) Venue.--In addition to any contractual provision
otherwise, venue for an action under paragraph (1) shall lie
where the computer software concerned was installed or used or
where the person alleged to have committed the violation
concerned is found.
(5) Protection of trade secrets.--At the request of any
party to an action under paragraph (1), or any other
participant in such action, the court may, in its discretion,
issue a protective order and conduct proceedings in such action
so as to protect the secrecy and security of the computer,
computer network, computer data, computer program, and computer
software involved in order to--
(A) prevent possible recurrence of the same or a
similar act by another person; or
(B) protect any trade secrets of such party or
participant.
(f) Definitions.--In this section:
(1) Collect.--The term ``collect'' means the gathering of
information about a computer or a user of computer software by
any means, whether direct or indirect and whether active or
passive.
(2) Computer.--The term ``computer'' means a programmable
electronic device that can store, retrieve, and process data.
(3) Computer software.--(A) Except as provided in
subparagraph (B), the term ``computer software'' means any
program designed to cause a computer to perform a desired
function or functions.
(B) The term does not include a text file, or cookie,
placed on a person's computer system by an Internet service
provider, interactive computer service, or commercial Internet
website to return information to the Internet service provider,
interactive computer service, commercial Internet website, or
third party if the person subsequently uses the Internet
service provider or interactive computer service, or accesses
the commercial Internet website.
(4) Information.--The term ``information'' means
information that personally identifies a user of computer
software, including the following:
(A) A first and last name, whether given at birth
or adoption, assumed, or legally changed.
(B) A home or other physical address including
street name and name of a city or town.
(C) An electronic mail address.
(D) A telephone number.
(E) A social security number.
(F) A credit card number, any access code
associated with the credit card, or both.
(G) A birth date, birth certificate number, or
place of birth.
(H) Any other unique information identifying an
individual that a computer software provider, Internet
service provider, interactive computer service, or
operator of a commercial Internet website collects and
combines with information described in subparagraphs
(A) through (G) of this paragraph.
(5) Person.--The term ``person'' has the meaning given that
term in section 3(32) of the Communications Act of 1934 (47
U.S.C. 153(32)).
(6) User.--The term ``user'' means an individual who
acquires, through purchase or otherwise, computer software for
purposes other than resale.
(g) Effective Date.--This section shall take effect 180 days after
the date of the enactment of this Act. | Spyware Control and Privacy Protection Act of 2001 - Requires any computer software made available to the public that includes the capability to collect information about the user of such software, the hardware on which such software is used, or the manner in which such software is used, and the capability to disclose such information to any person other than the software user, with specified exceptions, to include: (1) a clear notice that such software contains such capability; (2) a description of the information subject to collection; and (3) clear electronic instructions on how to disable such capability without affecting software performance or operation.Prohibits such capability from being enabled unless the user consent in advance.Treats each violations of such requirements and prohibition as an unfair or deceptive act or practice under the Federal Trade Commission Act.Authorizes a software provider to disclose such information to law enforcement officials or a court under a warrant or court order. Requires a court issuing such an order to ensure appropriate safeguards on the use of such information. | {"src": "billsum_train", "title": "A bill to provide for the disclosure of the collection of information through computer software, and for other purposes."} | 2,189 | 221 | 0.638633 | 1.800567 | 0.804579 | 3.507692 | 10.902564 | 0.923077 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Today in the West Bank and Gaza, textbooks used in
Palestinian schools are teaching hatred towards Jews and the
incitement towards violence.
(2) Article XXII of the Israeli-Palestinian Interim
Agreement on the West Bank and the Gaza Strip of 1995 declares
that Israel and the Palestinian Authority will ``ensure that
their respective educational systems contribute to the peace
between the Israeli and Palestinian peoples and to peace in the
entire region, and will refrain from the introduction of any
motifs that could adversely affect the process of
reconciliation''.
(3) As a result of the Oslo Accords, the responsibility for
education in the West Bank and Gaza was transferred from the
Government of Israel to the Palestinian Ministry of Education.
(4) Since the early 1950s, Palestinian schools in the West
Bank have used Jordanian textbooks and the schools in Gaza used
Egyptian textbooks, but when these areas were under the control
of the Israeli government, anti-Semitic and anti-Israel content
was removed from the school books.
(5) While beginning to develop their own curriculum, the
Palestinian Ministry of Education continued to use Egyptian and
Jordanian books, but failed to remove the anti-Israel and anti-
Semitic content.
(6) The Palestinian Ministry of Education directly
supervised the production of new textbooks which are now used
in schools in the West Bank and Gaza.
(7) The new textbooks contain anti-Semitic and anti-Israel
content, and the Israeli government no longer has the authority
to change the content of the textbooks.
(8) Palestinian Authority school children are actively
taught that the Jews and Israel are the enemy in a broad range
of contexts, and for example, page 79 of the Islamic Education
for Ninth Grade reads, ``One must beware of the Jews, for they
are treacherous and disloyal''.
(9) The Islamic Education for Ninth Grade also instructs
that ``one must beware of civil war which the Jews try to
incite, scheming against the Muslims,'' on page 94.
(10) On page 182, the text of the Islamic Education for
Ninth Grade reads ``The Jews . . . have killed and evicted
Muslim and Christian inhabitants of Palestine, whose
inhabitants are still suffering oppression and persecution
under racist Jewish administration.''
(11) The Islamic Religious Education for the Fourth Grade
teaches students on page 44, `` . . . the Jews--as is their
way--do not want people to live in peace.''
(12) The books include lessons equating Zionism with
Nazism, Fascism, and racism, and for example, The Contemporary
History of Arabs and the World, on page 123, states ``The
clearest examples of racist belief and racial discrimination in
the world are Nazism and Zionism.''
(13) Islamic Education for the Fourth Grade teaches
children ``the Jews are the enemies'' on page 67.
(14) The new textbooks do not acknowledge the State of
Israel, but rather the creation of Israel is explained as the
Israeli occupation of 1948.
(15) All the maps of ``Palestine'', be they political,
historical, geographical, or natural resource maps in the
textbooks, erase mention of Israel.
(16) The calls to fight and eliminate Israel through Jihad
(Holy War) and Martyrdom for Allah, appear frequently in the
school books.
(17) In addition there is a separate recurring theme: the
children are taught to fight and conquer Israel's capital,
Jerusalem, and for example, the book Islamic Education for
Seventh Grade asks: ``How are we going to liberate our stolen
land? Make use of the following ideas: Arab unity, genuine
faith in Allah, most modern weapons and ammunition, using oil
and other precious natural resources as weapons in the battle
for liberation'' on page 15.
(18) The need to fight Israel, all of which is said to be
on ``occupied Arab land'' becomes a religious imperative, with
teachings like the following from Islamic Education for Seventh
Grade, page 108: ``if the enemy has conquered part of its land
and those fighting for it are unable to repel the enemy, then
Jihad becomes the individual religious duty of every Muslim man
and woman, until the attack is successfully repulsed and the
land liberated from conquest and to defend Muslim honor . .
.''.
(19) The same message appears in the fifth grade text Our
Arabic Language for Fifth Grade on pages 69 and 70, ``there
will be a Jihad and our country shall be freed. This is our
story with the thieving conquerors. You must know, my boy, that
Palestine is your grave responsibility.''
(20) Children are specifically taught to protect all
mosques, and for example, Islamic Education for the Seventh
Grade instructs students that ``they must devote all their
efforts and resources to repairing them and to protecting them
and must wage a Jihad both of life and property to liberate al-
Aqsa Mosque from the Zionist conquest'' on page 184.
(21) Palestinian Authority Television is under direct
control of the Palestinian Authority.
(22) The same hateful portrayal of Jews and Israel found in
the school books is promoted regularly on Palestinian
television, and for example, on May 14, 1998, Palestinian
television broadcast statements such as ``The Jewish gangs
waged racial cleansing wars against innocent Palestinians . . .
large scale appalling massacres saving no women or children''.
(23) Also, radio and television broadcasts made by publicly
funded facilities in the Palestinian Authority-controlled areas
of the West Bank and Gaza include programs having an anti-
Semitic, anti-Israel content.
(24) On May 14, 1998, on Palestinian Television Zionism was
presented as ``a cancer in the body of the nation.''
(25) The Palestinian Television also refuses to acknowledge
the state of Israel, and broadcast in May 1998, ``the war of
1948 brought about the establishment of the Zionist entity on
Palestinian land.''
(26) The message of Jihad is also conveyed on the
Palestinian Television, and for example, the broadcasts
declared in May 1998, ``This is our Palestine. We defend it
with blood.''
(27) While the United States has not given aid directly to
the Palestinian Authority since 1995, in fiscal year 2000 the
United States allocated $485 million in development assistance
to non-governmental organizations working in the West Bank and
Gaza, including funds for education programs.
(28) Between 1995 and 1998 international aid provided by 21
countries and 4 international organizations provided $226.9
million to educational projects in the Palestinian Territories.
(29) From 1994 to 1999, the European Community committed
over $600 million in assistance to the Palestinian Territories,
including funds for education programs.
SEC. 2. RESTRICTION ON ASSISTANCE.
(a) Restriction.--No assistance shall be provided to the
Palestinian Authority unless and until the President certifies to
Congress that the Palestinian Authority has removed the anti-Semitic,
anti-Israel content included in the textbooks used in schools, and
radio and television broadcasts made by publicly funded facilities, in
the Palestinian Authority-controlled areas of the West Bank and Gaza.
(b) Sense of Congress.--It is the sense of Congress that the
President should urge allies of the United States to apply an
equivalent restriction on assistance as described in subsection (a). | Expresses the sense of Congress that the President should urge U.S. allies to apply equivalent restrictions on assistance to the Palestinian Authority. | {"src": "billsum_train", "title": "A bill to prohibit assistance to the Palestinian Authority unless and until certain conditions are met."} | 1,620 | 30 | 0.345078 | 0.887498 | -0.548122 | 2.956522 | 67.565217 | 0.869565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stealth Lobbyist Disclosure Act of
2004''.
SEC. 2. DISCLOSURE OF LOBBYING ACTIVITIES BY CERTAIN ORGANIZATIONS.
(a) In General.--Section 527 of the Internal Revenue Code of 1986
(relating to political organizations) is amended by adding at the end
the following new subsection:
``(m) Disclosure of Certain Lobbying Activities.--
``(1) In general.--In the case of a coalition or
association that is identified as a client on any registration
filed under section 4 of the Lobbying Disclosure Act of 1995
and that is not a political organization (determined without
regard to this paragraph)--
``(A) such coalition or association shall be
treated for purposes of this title as a separate entity
which is a political organization, and
``(B) this section shall be applied to such
coalition or association with the following
modifications:
``(i) The function of conducting lobbying
activities (as defined in section 3(7) of the
Lobbying Disclosure Act of 1995) shall be
treated as its exempt function.
``(ii) The specific deduction under
subsection (c)(2)(A) shall not be allowed.
``(iii) Subparagraphs (C) and (D) of
subsection (c)(3) shall not apply.
``(iv) The disclosure requirements of
paragraph (2) shall apply in lieu of the
requirements of subsections (i) and (j).
For purposes of subparagraph (B)(i), lobbying activities shall
not include any activity described in subparagraph (C), (D), or
(E) of section 4911(d)(2).
``(2) Disclosure requirements.--
``(A) Establishment.--A coalition or association
which is treated under paragraph (1) as a political
organization shall notify the Secretary, electronically
and in writing, of its existence. Such notice shall be
transmitted not later than 72 hours after a lobbyist
first makes a lobbying contact (or, if earlier, is
employed or retained to make a lobbying contact) on
behalf of such coalition or association. For purposes
of the preceding sentence, the terms `lobbyist' and
`lobbying contact' have the respective meanings given
to such terms by section 3 of the Lobbying Disclosure
Act of 1995.
``(B) Change in membership.--A coalition or
association which is required to provide a notice to
the Secretary under paragraph (1) shall also notify the
Secretary, electronically and in writing, of any change
in its membership since its prior required notice under
this paragraph. Such notice shall be transmitted not
later than 72 hours after the date of the membership
change.
``(3) Contents of notice.--
``(A) Initial notice.--Each notice required under
paragraph (2)(A) shall include information regarding--
``(i) the name, address, business telephone
number, and principal place of business of each
of the members of the coalition or association,
``(ii) a general description of the
business or activities of each of such members,
and
``(iii) the amount reasonably expected to
be contributed by each of such members toward
the activities of the coalition or association
of influencing legislation.
``(B) Notice of membership change.--Each notice
required under paragraph (2)(B) shall include--
``(i) if the notice relates to a new member
of the coalition or association, the
information described in subparagraph (A) with
respect to such new member, and
``(ii) if the notice relates to the
cessation of a person's membership, the name of
such person.
``(4) Effect of failure.--
``(A) In general.--In the case of--
``(i) a failure to give the notice required
under paragraph (2) at the time and in the
manner prescribed therefor, or
``(ii) a failure to include any of the
information required to be included in such
notice or to show the correct information,
there shall be paid by the coalition or association an
amount equal to the rate of tax specified in subsection
(b)(1) multiplied by the amount involved.
``(B) Amount involved.--For purposes of
subparagraph (A), the amount involved with respect to
any failure is--
``(i) in the case of a failure to file the
notice under paragraph (2)(A) at the time and
in the manner prescribed therefor, the amount
which is reasonably expected to be paid by the coalition or association
or its members to the person filing the registration statement, and
``(ii) in the case of a failure to include
any of the information required to be included
in such notice, or to show the correct
information, with respect to any member, the
amount reasonably expected to be contributed by
such member toward the activities of the
coalition or association of influencing
legislation.
``(C) Joint and several liability.--All members of
the coalition or association shall be jointly and
severally liable under this paragraph for any failure.
``(D) Procedures for assessment and collection of
penalty.--For purposes of subtitle F, the penalty
imposed by this paragraph shall be assessed and
collected in the same manner as penalties imposed by
section 6652(c).
``(5) Exception for certain tax-exempt associations.--This
subsection shall not apply to any association--
``(A) which is described in section 501(c)(3) and
exempt from tax under section 501(a), or
``(B)(i) which is described in any other paragraph
of section 501(c) and exempt from tax under section
501(a), and
``(ii) which has substantial exempt activities
other than lobbying with respect to the specific issue
for which it engaged the person filing the registration
statement under section 4 of the Lobbying Disclosure
Act of 1995.
The preceding sentence shall not apply to any association
formed or availed of to avoid the purposes of this subsection.
``(6) Exception from disclosure for certain members.--
``(A) In general.--Information on a member of a
coalition or association need not be included in any
notice under paragraph (3) if the amount referred to in
paragraph (3)(A)(iii) with respect to such member is
less than $2,000 per year.
``(B) Expenditures in excess of expected amount.--
If--
``(i) information on a member of a
coalition or association is not included in any
notice by reason of subparagraph (A), and
``(ii) the amount contributed by such
member toward the activities of the coalition
or association of influencing legislation
exceeds $2,200 per year,
such member shall be treated for purposes of this
subsection as a new member of such coalition or
association as of the earliest date that clause (ii) is
met.
``(7) Look-thru rules.--In the case of a coalition or
association which is treated as a political organization under
paragraph (1)--
``(A) such coalition or association shall be
treated as employing or retaining other persons to
conduct lobbying activities for purposes of determining
whether any individual member thereof is treated as a
political organization under paragraph (1), and
``(B) information on such coalition or association
need not be included in any notice under paragraph (2)
of the coalition or association with respect to which
it is treated as a political organization under
paragraph (1).''.
(b) Public Disclosure of Notices.--
(1) In general.--Paragraph (1) of section 527(k) of such
Code is amended by inserting ``or (m)(2)'' after ``(i)(1)''.
(2) Access.--Paragaraph (2) of section 527(k) of such Code
is amended by inserting after subparagraph (G) the following
new subparagraph:
``(H) The organizations which file a notice under
subsection (m).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to--
(A) coalitions and associations listed on
registration statements filed under section 4 of the
Lobbying Disclosure Act of 1995 after the date of the
enactment of this Act, and
(B) coalitions and associations for whom any
lobbying contact is made after the date of the
enactment of this Act.
(2) Special rule.--In the case of any coalition or
association to which the amendments made by this Act apply by
reason of paragraph (1)(B), the time to file the notice under
section 527(k)(2) of the Internal Revenue Code of 1986, as
added by this section, shall be 30 days after the date of the
enactment of this section. | Stealth Lobbyist Disclosure Act of 2004 - Amends the Internal Revenue Code to treat as a tax-exempt political organization for purposes of the disclosure and other requirements applicable to such organizations (with certain modifications) any coalition or association that is identified as a client on any registration filed under the Lobbying Disclosure Act of 1995 and that is not a political organization.
Requires any such coalition or association to notify the Secretary of the Treasury of: (1) its existence within 72 hours after one of its lobbyists makes an initial contact; and (2) any change in membership within 72 hours. Requires such notice to include a general description of the business or activities of each member of the coalition or association and the amount reasonably expected to be contributed by each member toward coalition or association activities of influencing legislation. Imposes a penalty tax for failure to give required notices.
Exempts from the disclosure requirements imposed by this Act: (1) public charities and other tax-exempt organizations which have substantial exempt activities other than lobbying; and (2) members of a coalition or association who contribute less than $2,000 per year for lobbying activities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to require disclosure of lobbying activities by certain organizations."} | 1,937 | 244 | 0.686113 | 1.869655 | 0.887137 | 3.045872 | 8.293578 | 0.917431 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Direct Billing Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
The Public Health Service Act is amended by adding at the end the
following:
``TITLE XXVII--RESTRICTIONS ON BILLING
``SEC. 2701. PROHIBITION.
``(a) Billing of Others for Ancillary Health Services.--Except as
provided in section 2702, it shall be unlawful for any person
(including any individual or entity) who furnishes ancillary health
services (as defined in section 2705(1)) to present or cause to be
presented, a claim, bill, or demand for payment to any person other
than the patient receiving such services.
``(b) Billing of Recipient of Services.--Except as provided in
section 2702, it shall be unlawful for any physician, or the agent of
any physician, to present, or cause to be presented, a claim, bill, or
demand for payment for ancillary health services to any recipient of
such services unless the services covered by the claim, bill, or demand
were furnished--
``(1) personally by, or under the supervision of, the
referring physician;
``(2) personally by, or under the supervision of, a
physician who is a member of the same group practice as the
referring physician; or
``(3) personally by individuals who are employed by such
physician or group practice and who are personally supervised
by the physician or by another physician in the group practice.
``(c) General Exception for Services Under Medicare.--This section
does not apply with respect to any ancillary health services for which
payment may be made under title XVIII of the Social Security Act.
``SEC. 2702. EXCEPTIONS.
``Notwithstanding the provisions of section 2701, a person who
furnishes ancillary health services to an individual may present, or
cause to be presented, for payment for actual services rendered a
claim, bill, or demand to--
``(1) an immediate family member of the recipient of the
services or any other person legally responsible for the debts
or care of the recipient of the services;
``(2) a third party payor designated by the recipient of
the services;
``(3) a health maintenance organization in which the
recipient of the services is enrolled;
``(4) a hospital or skilled nursing facility where the
recipient of the services was an inpatient or outpatient at the
time the services were provided;
``(5) an employer where the recipient of the services is an
employee of such employer and the employer is responsible for
payment for the services;
``(6) a governmental agency or specified agent, on behalf
of the recipient of the services;
``(7) a substance abuse program where the clients of such a
program were the recipient of the services;
``(8) a clinic or other health care provider that has been
designated (or that is operated by an organization that has
been designated) as tax-exempt pursuant to section 501(c)(3) of
the Internal Revenue Code of 1986 whose purpose is the
promotion of public health, if the services rendered relate to
testing for sexually transmitted disease, acquired immune
deficiency syndrome, pregnancy, pregnancy termination, or other
conditions where the Secretary has determined that compliance
with section 2701 could seriously compromise the recipient's
need for confidentiality;
``(9) a person engaged in bona fide research studies;
``(10) the party requesting the ancillary health services
where Federal, State, or local law requires that the identity
of the recipient be kept confidential;
``(11) another person furnishing the same ancillary health
services for which payment is sought (hereafter referred to in
this paragraph as the `requesting party') where the person
presenting, or causing to be presented, the claim, bill, or
demand for payment furnished the services at the request of the
requesting party, except that the requesting party may not be a
facility owned or operated by the physician requesting the
ancillary health service; and
``(12) an entity approved to receive such claims, bills or
demands by the Secretary in regulations.
The persons described in paragraphs (1) through (12) who have received
a claim, bill, or demand for payment for such ancillary health services
may present, or cause to be presented, such claim, bill, or demand to
the responsible party.
``SEC. 2703. SANCTIONS.
``(a) Payment.--No payment may be made for a service that is
provided in violation of section 2701.
``(b) Collection of Amounts.--
``(1) Liability on collection.--If a person collects any
amounts that were billed in violation of section 2701(a), such
person shall be liable for, and shall refund on a timely basis
to the individual whom such amounts were collected, any amounts
so collected.
``(2) Collection by physician.--If a physician collects any
amounts from a recipient of services, or from another person on
behalf of the recipient of services (including a third-party
payor) that were billed in violation of section 2701(b), such
physician shall be liable for, and shall refund on a timely
basis to the recipient or person, any amounts so collected.
``(c) Repeated Claims.--Any person that presents, or causes to be
presented, on a repeated basis, a bill or a claim that such person
knows, or should have known, is for a service for which payment may not
be made under subsection (a), or for which a refund has not been made
under subsection (b), shall be subject to a civil money penalty of not
more than $5,000 for each such bill or claim. The provisions of section
1128A of the Social Security Act (other than the first sentence of
subsection (a) and subsection (b)) shall apply to a civil money penalty
assessed under the previous sentence in the same manner as such
provisions apply to a penalty or proceeding under such section
1128A(a).
``(d) Suspension of Laboratory Certification.--If the Secretary
finds, after reasonable notice and opportunity for a hearing, that a
laboratory which holds a certificate pursuant to section 353 has
violated section 2701, the Secretary may suspend, revoke or limit such
certification in accordance with the procedures established in section
353(k).
``(e) Exclusion From Other Programs.--
``(1) Authority.--The Secretary may exclude from
participation in any program under title XVIII of the Social
Security Act, any individual or entity that the Secretary
determines has violated section 2701 and may direct that such
individual and entity be excluded from participation in any
State health care program receiving Federal funds.
``(2) Application of other law.--The provisions of section
1128(e) of the Social Security Act shall apply to any exclusion
under paragraph (1) in the same manner as such provisions apply
to a proceeding under such section 1128.
``SEC. 2704. REGULATIONS.
``The Secretary shall by regulation impose such other requirements
as may be necessary to implement the purposes of this title.
``SEC. 2705. DEFINITIONS.
``As used in this title:
``(1) Ancillary health services.--The term `ancillary
health services' means--
``(A) clinical laboratory services;
``(B) diagnostic x-ray tests and other diagnostic
imaging services including CT and magnetic resonance
imaging services;
``(C) other diagnostic tests;
``(D) durable medical equipment; and
``(E) physical therapy services.
``(2) Group practices.--The term `group practice' means a
group of 2 or more physicians legally organized as a
partnership, professional corporation, foundation, not-for-
profit corporation, faculty practice plan, or similar
association--
``(A) in which each physician who is a member of
the group provides substantially the full range of
services that the physician routinely provides
(including medical care, consultation, diagnosis, or
treatment) through the joint use of shared office
space, facilities, equipment, and personnel;
``(B) for which substantially all of the services
of the physicians who are members of the group are
provided through the group and are billed in the name
of the group and amounts so received are treated as
receipts of the group;
``(C) in which the overhead expenses of and the
income from the practice are distributed in accordance
with methods previously determined by members of the
group; and
``(D) which meets such other standards as the
Secretary may impose by regulation.
In the case of a faculty practice plan associated with a
hospital with an approved medical residency training program in
which physician members may provide a variety of different
specialty services and provide professional services both
within and outside the group (as well as perform other tasks,
such as research), the definition of such term shall be limited
with respect to the services provided outside of the faculty
practice plan.
``(3) Immediate family member.--The term `immediate family
member' shall include spouses, natural and adoptive parents,
natural and adoptive children, natural and adopted siblings,
stepparents, stepchildren and stepsiblings, fathers-in-law,
mothers-in-law, brothers-in-law, sisters-in-law, sons-in-law
and daughters-in-law, grandparents and grandchildren, and such
additional family members as may be specified in regulations
adopted by the Secretary.
``(4) Physician.--The term `physician' means--
``(A) a doctor of medicine or osteopathy legally
authorized to practice medicine and perform surgery by
the State in which such individual performs such
function or action;
``(B) a doctor of dental surgery or of dental
medicine who is legally authorized to practice
dentistry in the State in which such individual
performs such functions;
``(C) a doctor of podiatric medicine;
``(D) a doctor of optometry; or
``(E) a chiropractor.
``(5) Third party payor.--The term `third party payor'
means any health care insurer, including any hospital services
corporation, health services corporation, medical expense
indemnity corporation, mutual insurance company, or self-
insured corporation, that provides coverage for health or
health-related items or service.''.
SEC. 3. EFFECTIVE DATE.
(a) In General.--This Act shall become effective December 31, 1996.
(b) Regulations.--Not later than July 1, 1997, the Secretary of
Health and Human Services shall promulgate such regulations as may be
appropriate to carry out this Act. | Direct Billing Act - Amends the Public Health Service Act to make it unlawful for any person to present a bill, claim, or demand for payment to any person other than the patient receiving services. Makes it unlawful for any physician to present a bill for ancillary health services to any recipient of such services unless the services were furnished personally by: (1) the referring physician; (2) a physician who is a member of the same group practice as the referring physician; or (3) individuals employed by such physician or group practice who are supervised by such physician or another physician in the group practice. Makes such prohibitions inapplicable with respect to ancillary health services for which payment may be made under title XVIII (Medicare) of the Social Security Act.
Provides exceptions to such prohibitions, including demands for payments made to immediate family members, designated payors of the patient, or a health maintenance organization in which a recipient is enrolled.
Provides sanctions against those collecting payment in violation of this Act. Allows the Secretary of Health and Human Services to suspend, revoke, or limit a laboratory certification as part of such sanctions.
Defines "ancillary health services" as clinical laboratory services, diagnostic x-rays and other diagnostic imaging services and tests, durable medical equipment, and physical therapy services. | {"src": "billsum_train", "title": "Direct Billing Act"} | 2,359 | 290 | 0.649624 | 1.93614 | 0.737889 | 3.590551 | 8.80315 | 0.913386 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers' Bill of
Rights Act of 1995''.
SEC. 2. RIGHTS OF LAW ENFORCEMENT OFFICERS.
(a) In General.--Part H of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding
at the end the following new section:
``rights of law enforcement officers
``Sec. 819. (a) Definitions.--In this section--
`` `disciplinary action' means the suspension, demotion,
reduction in pay or other employment benefit, dismissal,
transfer, or similar action taken against a law enforcement
officer as punishment for misconduct.
`` `disciplinary hearing' means an administrative hearing
initiated by a law enforcement agency against a law enforcement
officer, based on probable cause to believe that the officer
has violated or is violating a rule, regulation, or procedure
related to service as an officer and is subject to disciplinary
action.
`` `emergency suspension' means temporary action imposed by
the head of the law enforcement agency when that official
determines that there is probable cause to believe that a law
enforcement officer--
``(A) has committed a felony; or
``(B) poses an immediate threat to the safety of
the officer or others or the property of others.
```investigation'--
``(A) means the action of a law enforcement agency,
acting alone or in cooperation with another agency, or
a division or unit within an agency, or the action of
an individual law enforcement officer, taken with
regard to another enforcement officer, if such action
is based on reasonable suspicion that the law
enforcement officer has violated, is violating, or will
in the future violate a statute or ordinance, or
administrative rule, regulation, or procedure relating
to service as a law enforcement officer; and
``(B) includes--
``(i) asking questions of other law
enforcement officers or nonlaw enforcement
officers;
``(ii) conducting observations;
``(iii) evaluating reports, records, or
other documents; and
``(iv) examining physical evidence.
`` `law enforcement agency' means a State or local public
agency charged by law with the duty to prevent or investigate
crimes or apprehend or hold in custody persons charged with or
convicted of crimes.
```law enforcement officer' and `officer'--
``(A) mean a member of a law enforcement agency
serving in a law enforcement position, which is usually
indicated by formal training (regardless of whether the
officer has completed or been assigned to such
training) and usually accompanied by the power to make
arrests; and
``(B) include--
``(i) a member who serves full time,
whether probationary or nonprobationary,
commissioned or noncommissioned, career or
noncareer, tenured or nontenured, and merit or
nonmerit; and
``(ii) the chief law enforcement officer of
a law enforcement agency.
```summary punishment' means punishment imposed for a minor
violation of a law enforcement agency's rules and regulations
that does not result in suspension, demotion, reduction in pay
or other employment benefit, dismissal, or transfer.
``(b) Application of Section.--
``(1) In general.--This section sets forth rights that
shall be afforded a law enforcement officer who is the subject
of an investigation.
``(2) Nonapplicability.--This section does not apply in the
case of--
``(A) a criminal investigation of a law enforcement
officer's conduct; or
``(B) a nondisciplinary action taken in good faith
on the basis of a law enforcement officer's employment
related performance.
``(c) Political Activity.--Except when on duty or acting in an
official capacity, no law enforcement officer shall be prohibited from
engaging in political activity or be denied the right to refrain from
engaging in such activity.
``(d) Rights of Law Enforcement Officers While Under
Investigation.--When a law enforcement officer is under investigation
that could lead to disciplinary action, the following minimum standards
shall apply:
``(1) Notice of investigation.--A law enforcement officer
shall be notified of the investigation prior to being
interviewed. Notice shall include the general nature and scope
of the investigation and all departmental violations for which
reasonable suspicion exists. No investigation based on a
complaint from outside the law enforcement agency may commence
unless the complainant provides a signed detailed statement. An
investigation based on a complaint from outside the agency
shall commence within 15 days after receipt of the complaint by
the agency.
``(2) Notice of proposed findings and recommendation.--At
the conclusion of the investigation, the person in charge of
the investigation shall inform the law enforcement officer
under investigation, in writing, of the investigative findings
and any recommendation for disciplinary action that the person
intends to make.
``(e) Rights of Law Enforcement Officers Prior to and During
Questioning.--When a law enforcement officer is subjected to
questioning that could lead to disciplinary action, the following
minimum standards shall apply:
``(1) Reasonable hours.--Questioning of a law enforcement
officer shall be conducted at a reasonable hour, preferably
when the law enforcement officer is on duty, unless exigent
circumstances otherwise require.
``(2) Place of questioning.--Questioning of the law
enforcement officer shall take place at the offices of the
persons who are conducting the investigation or the place where
the law enforcement officer reports for duty, unless the
officer consents in writing to being questioned elsewhere.
``(3) Identification of questioner.--The law enforcement
officer under investigation shall be informed, at the
commencement of any questioning, of the name, rank, and command
of the officer conducting the questioning.
``(4) Single questioner.--During any single period of
questioning of the law enforcement officer, all questions shall
be asked by or through a single investigator.
``(5) Notice of nature of investigation.--The law
enforcement officer under investigation shall be informed in
writing of the nature of the investigation prior to any
questioning.
``(6) Reasonable time period.--Any questioning of a law
enforcement officer in connection with an investigation shall
be for a reasonable period of time and shall allow for
reasonable periods for the rest and personal necessities of the
law enforcement officer.
``(7) No threats or promises.--Threats against, harassment
of, or promise of reward shall not be made in connection with
an investigation to induce the answering of any question. No
statement given by the officer may be used in a subsequent
criminal proceeding unless the officer has received a written
grant of use and derivative use immunity or transactional
immunity.
``(8) Recordation.--All questioning of any law enforcement
officer in connection with the investigation shall be recorded
in full, in writing or by electronic device, and a copy of the
transcript shall be made available to the officer under
investigation.
``(9) Counsel.--The law enforcement officer under
investigation shall be entitled to counsel (or any other one
person of the officer's choice) at any questioning of the
officer, unless the officer consents in writing to being
questioned outside the presence of counsel.
``(f) Disciplinary Hearing.--
``(1) Notice of opportunity for hearing.--Except in a case
of summary punishment or emergency suspension described in
subsection (h), if an investigation of a law enforcement
officer results in a recommendation of disciplinary action, the
law enforcement agency shall notify the law enforcement officer
that the law enforcement officer is entitled to a hearing on
the issues by a hearing officer or board prior to the
imposition of any disciplinary action.
``(2) Requirement of determination of violation.--No
disciplinary action may be taken unless a hearing officer or
board determines, pursuant to a fairly conducted disciplinary
hearing, that the law enforcement officer violated a statute,
ordinance, or published administrative rule, regulation, or
procedure.
``(3) Time limit.--No disciplinary charges may be brought
against a law enforcement officer unless filed within 90 days
after the commencement of an investigation, except for good
cause shown.
``(4) Notice of filing of charges.--The law enforcement
agency shall provide written, actual notification to the law
enforcement officer, not later than 30 days after the filing of
disciplinary charges, of the following:
``(A) The date, time, and location of the
disciplinary hearing, which shall take place not sooner
than 30 days and not later than 60 days after
notification to the law enforcement officer under
investigation unless waived in writing by the officer.
``(B) The name and mailing address of the hearing
officer.
``(C) The name, rank, and command of the
prosecutor, if a law enforcement officer, or the name,
position, and mailing address of the prosecutor, if not
a law enforcement officer.
``(5) Representation.--During a disciplinary hearing an
officer shall be entitled to be represented by counsel or
nonattorney representative.
``(6) Hearing board and procedure.--(A) A State shall
determine the composition of a disciplinary hearing board and
the procedures for a disciplinary hearing.
``(B) A disciplinary hearing board that includes employees
of the law enforcement agency of which the officer who is the
subject of the hearing is a member shall include at least 1 law
enforcement officer of equal or lesser rank to the officer who
is the subject of the hearing.
``(7) Access to evidence.--A law enforcement officer who is
brought before a disciplinary hearing board shall be provided
access to all transcripts, records, written statements, written
reports, analyses, and electronically recorded information
pertinent to the case that--
``(A) contain exculpatory information;
``(B) are intended to support any disciplinary
action; or
``(C) are to be introduced in the disciplinary
hearing.
``(8) Identification of witnesses.--The disciplinary
advocate for the law enforcement agency of which the officer
who is the subject of the hearing is a member shall notify the
law enforcement officer, or his attorney if he is represented
by counsel, not later than 15 days prior to the hearing, of the
name and addresses of all witnesses for the law enforcement
agency.
``(9) Copy of investigative file.--The disciplinary
advocate for the law enforcement agency of which the officer
who is the subject of the hearing is a member shall provide to
the law enforcement officer, at the law enforcement officer's
request, not later than 15 days prior to the hearing, a copy of
the investigative file, including all exculpatory and
inculpatory information but excluding confidential sources.
``(10) Examination of physical evidence.--The disciplinary
advocate for the law enforcement agency of which the officer
who is the subject of the hearing is a member shall notify the
law enforcement officer, at the officer's request, not later
than 15 days prior to the hearing, of all physical,
nondocumentary evidence, and provide reasonable date, time,
place, and manner for the officer to examine such evidence at
least 10 days prior to the hearing.
``(11) Summonses.--The hearing board shall have the power
to issue summonses to compel testimony of witnesses and
production of documentary evidence. If confronted with a
failure to comply with a summons, the hearing officer or board
may petition a court to issue an order, with failure to comply
being subject to contempt of court.
``(12) Closed hearing.--A disciplinary hearing shall be
closed to the public unless the law enforcement officer who is
the subject of the hearing requests, in writing, that the
hearing be open to specified individuals or the general public.
``(13) Recordation.--All aspects of a disciplinary hearing,
including prehearing motions, shall be recorded by audio tape,
video tape, or transcription.
``(14) Sequestration of witnesses.--Either side in a
disciplinary hearing may move for and be entitled to
sequestration of witnesses.
``(15) Testimony under oath.--The hearing officer or board
shall administer an oath or affirmation to each witness, who
shall testify subject to the applicable laws of perjury.
``(16) Verdict on each charge.--At the conclusion of all
the evidence, and after oral argument from both sides, the
hearing officer or board shall deliberate and render a verdict
on each charge.
``(17) Burden of persuasion.--The prosecutor's burden of
persuasion shall be by clear and convincing evidence as to each
charge involving false representation, fraud, dishonesty,
deceit, or criminal behavior and by a preponderance of the
evidence as to all other charges.
``(18) Finding of not guilty.--If the law enforcement
officer is found not guilty of the disciplinary violations, the
matter is concluded and no disciplinary action may be taken.
``(19) Finding of guilty.--If the law enforcement officer
is found guilty, the hearing officer or board shall make a
written recommendation of a penalty. The sentencing authority
may not impose greater than the penalty recommended by the
hearing officer or board.
``(20) Appeal.--A law enforcement officer may appeal from a
final decision of a law enforcement agency to a court to the
extent available in any other administrative proceeding, in
accordance with the applicable State law.
``(g) Waiver of Rights.--A law enforcement officer may waive any of
the rights guaranteed by this section subsequent to the time that the
officer has been notified that the officer is under investigation. Such
a waiver shall be in writing and signed by the officer.
``(h) Summary Punishment and Emergency Suspension.--
``(1) In general.--This section does not preclude a State
from providing for summary punishment or emergency suspension.
``(2) Health benefits.--An emergency suspension shall not
affect or infringe on the health benefits of a law enforcement
officer or the officer's dependents.
``(i) Retaliation for Exercising Rights.--There shall be no penalty
or threat of penalty against a law enforcement officer for the exercise
of the officer's rights under this section.
``(j) Other Remedies Not Impaired.--Nothing in this section shall
be construed to impair any other legal right or remedy that a law
enforcement officer may have as a result of a constitution, statute,
ordinance, regulation, collective bargaining agreement or other sources
of rights.
``(k) Declaratory or Injunctive Relief.--A law enforcement officer
who is being denied any right afforded by this section may petition a
State court for declaratory or injunctive relief to prohibit the law
enforcement agency from violating such right.
``(l) Prohibition of Adverse Material in Officer's File.--A law
enforcement agency shall not insert any adverse material into the file
of any law enforcement officer, or possess or maintain control over any
adverse material in any form within the law enforcement agency, unless
the officer has had an opportunity to review and comment in writing on
the adverse material.
``(m) Disclosure of Personal Assets.--A law enforcement officer
shall not be required or requested to disclose any item of the
officer's personal property, income, assets, sources of income, debts,
personal or domestic expenditures (including those of any member of the
officer's household), unless--
``(1) the information is necessary to the investigation of
a violation of any Federal, State or local law, rule, or
regulation with respect to the performance of official duties;
and
``(2) such disclosure is required by Federal, State, or
local law.
``(n) States' Rights.--This section does not preempt State laws in
effect on the date of enactment of this Act that confer rights that
equal or exceed the rights and coverage afforded by this section. This
section shall not be a bar to the enactment of a police officer's bill
of rights, or similar legislation, by any State. A State law which
confers fewer rights or provides less protection than this section
shall be preempted by this section.
``(o) Mutually Agreed Upon Collective Bargaining Agreements.--This
section does not preempt existing mutually agreed upon collective
bargaining agreements in effect on the date of enactment of this Act
that are substantially similar to the rights and coverage afforded
under this section.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. preceding
3701) is amended by inserting after the item relating to section 818
the following new item:
``Sec. 819. Rights of law enforcement officers.''. | Law Enforcement Officers' Bill of Rights Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity.
Sets forth minimum standards that apply when an officer is under investigation that could lead to disciplinary action, including, with respect to: (1) rights of officers while under investigation, the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action; (2) rights of officers prior to and during questioning, that the questioning be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation prior to any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel); and (3) the conduct of a disciplinary hearing, notice of opportunity for a hearing, requirement of determination of a violation, time limits, notice of filing of charges, representation, provision of a hearing board and procedure, access to evidence, identification of witnesses, a copy of the investigative file, examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals.
Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer.
Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements. | {"src": "billsum_train", "title": "Law Enforcement Officers' Bill of Rights Act of 1995"} | 3,759 | 605 | 0.535627 | 1.669915 | 0.646828 | 4.225979 | 6.120996 | 0.966192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Screener Technology
Improvement Act of 2005''.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate airport growth, increase
the efficiency of the air transportation system, and increase security.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Airport and airline officials have reported to the
Government Accountability Office (in this section referred to
as ``GAO'') that installing in-line baggage screening systems
at airports would reduce congestion at airline ticket counters
by removing stand-alone explosive detection systems and
explosive trace detection machines from crowded airport
lobbies, thereby improving airline passenger flow and queuing
in the terminals.
(2) Airport and airline officials have reported to GAO that
the installation of in-line baggage screening systems would
allow for airport growth because in-line explosive detection
systems could screen checked baggage faster than stand alone
explosive detection and explosive trace detection machines and
could be upgraded to accommodate growth in airline passenger
traffic.
(3) The National Commission on Terrorist Attacks Upon the
United States (in this section referred to as the ``9/11
Commission'') specifically recommended that the Transportation
Security Administration (in this section referred to as
``TSA'') should expedite the installation of advanced in-line
baggage screening equipment.
(4) In testimony before Congress, the chairman of the 9/11
Commission expressed support for moving explosives units out of
airport lobbies and into a secured area where they can be
integrated into the process of moving the bags from the check-
in counter to the loading area in a seamless, in-line process.
(5) The chairman stated that moving explosives units into a
secured area will promote greater security because--
(A) screening machines will not be exposed to the
public;
(B) screeners will be able to focus on screening
bags rather than moving them; and
(C) fewer people will be congregated around
machines in the public area.
(6) The chairman further stated that processing bags from
checking to loading through an in-line system is functionally
more efficient, making travel more convenient as well as more
secure.
(7) GAO reports that 86 of the 130 airports surveyed are
planning or are considering installing in-line baggage
screening systems throughout or at a portion of their airports.
(8) TSA and airport operators rely on letters of intent as
their principal method for funding the modification of airport
facilities to incorporate in-line baggage screening systems. As
of January 2005, TSA has issued 8 letters of intent to cover
the costs of installing systems at 9 airports for a total cost
to the Federal Government of $957,100,000 over 4 years.
(9) GAO reports that, as of July 2004, TSA had identified
27 additional airports that TSA believes would benefit from
receiving letters of intent for in-line baggage screening
systems because such systems are needed to screen an increasing
number of bags due to current or projected growth in passenger
traffic. TSA officials stated that without such systems these
airports would not remain in compliance with the congressional
mandate to screen all checked baggage using explosive detection
systems or explosive trace detection.
(10) GAO reports that TSA has estimated that in-line
baggage screening systems at the 9 airports that received
letter of intent funding could save the Federal Government
$1,300,000,000 over 7 years. TSA further estimated that it
could recover its initial investment in the in-line systems at
these airports in a little over 1 year.
(11) TSA has stated that it currently does not have
sufficient resources in their budget to fund any additional
letters of intent.
(12) Based on current evidence, greater investment in in-
line baggage screening systems is economically justified and
would facilitate airport growth, increase the efficiency of the
air transportation system, and increase security.
(13) The 9/11 Commission specifically recommended that TSA
and Congress give priority attention to improving the ability
of screening checkpoints to detect explosives on aviation
passengers.
(14) Recent reports by the Inspector General of the
Department of Homeland Security and the Government
Accountability Office indicate that improvements are still
needed in the aviation passenger screening process to ensure
that dangerous, prohibited items are not being carried into the
sterile area of airports or allowed to enter the checked
baggage system.
(15) The Inspector General of the Department of Homeland
Security stated, ``Despite the fact that the majority of
screeners with whom our testers came into contact were diligent
in the performance of their duties and conscious of the
responsibility those duties carry, lack of improvement since
our last audit indicates that significant improvement in
performance may not be possible without greater use of
technology.''.
(16) The Inspector General further stated, ``We encourage
TSA to expedite its testing programs and give priority to
technologies, such as backscatter x-ray, that will enable the
screening workforce to better detect both weapons and
explosives.''.
(17) The TSA concurs with the Inspector General's statement
that significant improvements in screener performance will only
be possible with the introduction of new technology.
SEC. 4. AVIATION SECURITY CAPITAL FUND.
(a) In General.--Section 44923(h)(1) of title 49, United States
Code, is amended--
(1) in the second sentence by striking ``in each of fiscal
years 2004 through 2007'' and inserting ``in each of fiscal
years 2004 and 2005, and $650,000,000 in each of fiscal years
2006 and 2007,''; and
(2) in the third sentence by striking ``at least
$250,000,000 in each of such fiscal years'' and inserting ``at
least $250,000,000 in each of fiscal years 2004 and 2005, and
at least $650,000,000 in each of fiscal years 2006 and 2007,''.
(b) Discretionary Grants.--Section 44923(h)(3) of such title is
amended by striking ``for a fiscal year, $125,000,000'' and inserting
``, $125,000,000 for each of fiscal years 2004 and 2005, and
$525,000,000 for each of fiscal years 2006 and 2007,''.
SEC. 5. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.
Section 44940 of title 49, United States Code, is amended--
(1) in subsection (d)(4) by inserting ``, other than
subsection (i),'' before ``except to''; and
(2) by adding at the end the following:
``(i) Checkpoint Screening Security Fund.--
``(1) Establishment.--There is established in the
Department of Homeland Security a fund to be known as the
`Checkpoint Screening Security Fund'.
``(2) Deposits.--In fiscal year 2006, after amounts are
made available under section 44923(h), the next $250,000,000
derived from fees received under subsection (a)(1) shall be
available to be deposited in the Fund.
``(3) Fees.--The Secretary of Homeland Security shall
impose the fee authorized by subsection (a)(1) so as to collect
at least $250,000,000 in fiscal year 2006 for deposit into the
Fund.
``(4) Availability of amounts.--Amounts in the Fund shall
be available until expended for the purchase, deployment, and
installation of equipment to improve the ability of security
screening personnel at screening checkpoints to detect
explosives.''. | Airport Screener Technology Improvement Act of 2005 - Amends Federal transportation law to increase for FY 2006 and 2007 the amount of security service fees (passenger fees) that are collected from passengers of air carriers and foreign air carriers in air transportation and intrastate air transportation and deposited into the Aviation Security Capital Fund. Increases amounts made available from such Fund for FY 2006 and 2007 for discretionary grants (with priority given to fulfill obligations under letters of intent to airport sponsors for airport security improvement projects).
Establishes the Checkpoint Screening Security Fund in the Department of Homeland Security. Makes a specified amount from the Aviation Security Capital Fund available for deposit into the Checkpoint Screening Security Fund. Directs the Secretary of Homeland Security to impose a passenger fee and deposit amounts collected into such Fund. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to make funds available for the Aviation Security Capital Fund, to establish a Checkpoint Screening Security Fund, and for other purposes."} | 1,569 | 166 | 0.445126 | 1.387466 | 0.582056 | 1.90411 | 10.369863 | 0.835616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Equipment, Training,
Hardware, Material, and Safety Knowledge Grant Act of 2003''.
SEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT TRAINING AND
EQUIPMENT TO COMBAT METHAMPHETAMINE LABS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following new part:
``PART CC--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT TRAINING AND
EQUIPMENT TO COMBAT METHAMPHETAMINE LABS
``SEC. 2901. 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 provide, to State, local, and tribal law enforcement
officers, protective equipment and training for use in investigating
and responding to offenses related to methamphetamine clandestine drug
laboratories.
``(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 to provide, to law enforcement officers in the
jurisdiction of the grantee--
``(A) protective equipment specified in subsection
(a); or
``(B) training specified in subsection (a), but
only if such training is carried out by a program
certified by the Federal Government or by the grantee's
State.
``(c) Matching Funds.--
``(1) In general.--The portion of the costs of a program
provided by a grant under subsection (a)--
``(A) may not exceed 50 percent; and
``(B) shall equal 50 percent, if such grant is to a
unit of local government with fewer than 100,000
residents.
``(d) Allocation to Small Jurisdictions.--Not less than 50 percent
of the amounts granted under this section in a fiscal year shall be
granted in a manner that provides such training or equipment to law
enforcement officers of communities with fewer than 100,000 residents.
``(e) Preferential Consideration.--In awarding grants under this
part, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1)(A) has the greatest need for protective equipment and
methamphetamine clandestine drug laboratory training; and
``(B) has a methamphetamine clandestine drug laboratory-
related seizures per capita rate at or above the national
average as determined by the National Clandestine Laboratory
Database of the El Paso Intelligence Center (known as EPIC); or
``(2) has consolidated local law enforcement effort by
creating multijurisdictional law taskforces.
``(f) Allocation of Funds.--Funds available under this part shall
be awarded, without regard to subsection (e), to each qualifying unit
of local government with fewer than 100,000 residents. Any remaining
funds available under this part shall be awarded to other qualifying
applicants.
``SEC. 2902. APPLICATIONS.
``(a) In General.--To request a grant under this part, 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 the
enactment of this part, 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.
``SEC. 2903. DEFINITIONS.
``For purposes of this part--
``(1) 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) 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) 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
``(4) 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 such Act
(42 U.S.C. 3793) is amended by adding at the end the following new
paragraph:
``(25) There are authorized to be appropriated to carry out part
CC, $25,000,000 for each of fiscal years 2004 through 2006.''. | Methamphetamine Equipment, Training, Hardware, Material, and Safety Knowledge Grant Act of 2003 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make matching grants to States, local governments, and Indian tribes to provide to law enforcement officers protective equipment and training for investigating and responding to offenses related to methamphetamine clandestine drug laboratories.
Authorizes the Director to give preferential consideration to an application from a jurisdiction that: (1) has the greatest need and a methamphetamine clandestine drug laboratory-related seizures per capita rate at or above the national average; or (2) has consolidated local law enforcement effort by creating multi-jurisdictional law task forces. Requires funds to be awarded to each qualifying local government with fewer than 100,000 residents. | {"src": "billsum_train", "title": "To provide grants for law enforcement training and equipment to combat methamphetamine labs."} | 1,227 | 186 | 0.67491 | 1.896775 | 0.876528 | 5.311258 | 7 | 0.940397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sons and Daughters of Pearl Harbor
Survivors Charter Act''.
SEC. 2. CHARTER FOR SONS AND DAUGHTERS OF PEARL HARBOR SURVIVORS.
(a) In General.--Part B of subtitle II of title 36, United States
Code, is amended by inserting after chapter 1703 the following new
chapter:
``CHAPTER 1704--SONS AND DAUGHTERS OF PEARL HARBOR SURVIVORS
``170401. Organization.
``170402. Purposes.
``170403. Membership.
``170404. Governing body.
``170405. Powers.
``170406. Exclusive Right to Name, Seals, Emblems, and Badges.
``170407. Restrictions.
``170408. Duty to Maintain Corporate and Tax-Exempt Status.
``170409. Records and Inspection.
``170410. Service of Process.
``170411. Liability for acts of officers and agents.
``170412. Annual report.
``170413. Definitions.
``Sec. 170401. Organization
``(a) Federal Charter.--The Sons and Daughters of Pearl Harbor
Survivors, a nonprofit corporation organized under the laws of the
State of Florida, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by subsection
(a) expires.
``Sec. 170402. Purposes
``The purposes of the corporation are fraternal, patriotic,
historical, and educational as provided in its bylaws and articles of
incorporation and shall include the following:
``(1) To preserve, teach, and promote true patriotism and
loyalty to the United States of America.
``(2) To perpetuate the memory of the servicemen and
servicewomen and the events pertaining to that Day of Infamy, 7
December 1941.
``(3) To assist in the preservation and encourage the study
of documents and chronicles of service performed by the Pearl
Harbor survivors and nonsurvivors.
``(4) To celebrate the anniversary of the bombing of Pearl
Harbor, the island of Oahu, on 7 December 1941.
``(5) To unite and promote comradeship among descendants.
``(6) To encourage in all people an understanding of 7
December 1941, which will guard against future attacks on
American soil.
``Sec. 170403. Membership
``Eligibility for membership in the corporation, and the rights and
privileges of the members of the corporation, are as provided in the
bylaws of the corporation.
``Sec. 170404. Governing body
``(a) Board of Directors.--The board of directors of the
corporation and the responsibilities of the board are as provided in
the bylaws and articles of incorporation of the corporation.
``(b) Officers.--The officers and the election of officers of the
corporation are as provided in the bylaws and articles of incorporation
of the corporation.
``Sec. 170405. Powers
``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.
``Sec. 170406. Exclusive right to name, seals, emblems, and badges
``The corporation shall have the exclusive right to use the name
`Sons and Daughters of Pearl Harbor Survivors' and any seals, emblems,
and badges the corporation adopts.
``Sec. 170407. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation, or any director or
officer of the corporation, acting as such director or officer, may not
contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
``(c) Distribution of Income or Assets.--No part of the income or
assets of the corporation may inure to the benefit of, or be
distributed to, any director, officer, or employee of the corporation
during the life of the charter granted by this chapter. Nothing in this
subsection may be construed to prevent the payment of reasonable
compensation to the officers and employees of the corporation or the
reimbursement of actual necessary expenses in the amounts approved by
the board of directors of the corporation.
``(d) Loan.--The corporation may not make a loan to any director,
officer, or employee of the corporation.
``(e) Claim of Government Approval or Authority.--The corporation
may not claim the approval of Congress or the authorization of the
United States Government for any of its activities.
``Sec. 170408. Duty to maintain corporate and tax-exempt status
``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the State of Florida.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986.
``Sec. 170409. Records and inspection
``(a) Records.--The corporation shall keep--
``(1) correct and complete records of account;
``(2) minutes of the proceedings of its members, board of
directors, and committees having any of the authority of its
board of directors; and
``(3) at its principal office, a record of the names and
addresses of its members entitled to vote, if any.
``(b) Inspection.--A member entitled to vote on matters 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. 170410. Service of process
``The corporation shall comply with the law on service of process
of the State of Florida and in each State in which it carries on
activities.
``Sec. 170411. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.
``Sec. 170412. 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 of this title. The report may not be printed
as a public document.
``Sec. 170413. Definitions
``For the purposes of this chapter:
``(1) The term `corporation' means the Sons and Daughters
of Pearl Harbor Survivors.
``(2) 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 1703 the following new item:
``1704. Sons and Daughters of Pearl Harbor
Survivors...................................
........................................1704
01.''. | Sons and Daughters of Pearl Harbor Survivors Charter Act - Grants a Federal charter to the Sons and Daughters of Pearl Harbor Survivors (a nonprofit corporation organized under the laws of Florida). | {"src": "billsum_train", "title": "To amend title 36, United States Code, to grant a Federal charter to the Sons and Daughters of Pearl Harbor Survivors, and for other purposes."} | 1,618 | 46 | 0.575903 | 1.383901 | 0.389515 | 4.742857 | 41.342857 | 0.971429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arson Prevention Act of 1994''.
SEC. 2. FINDINGS.
Congress finds that_
(1) arson is a serious and costly problem, and is responsible
for approximately 25 percent of all fires in the United States;
(2) arson is a leading cause of fire deaths, accounting for
approximately 700 deaths annually in the United States, and is the
leading cause of property damage due to fire in the United States;
(3) estimates of arson property losses are in the range of
$2,000,000,000 annually, or approximately 1 of every 4 dollars lost
to fire;
(4) the incidence of arson in the United States is seriously
underreported, in part because of the lack of adequate
participation by local jurisdictions in the National Fire Incident
Reporting System (NFIRS) and the Uniform Crime Reporting (UCR)
program;
(5) there is a need for expanded training programs for arson
investigators;
(6) there is a need for improved programs designed to enable
volunteer firefighters to detect arson crimes and to preserve
evidence vital to the investigation and prosecution of arson cases;
(7) according to the National Fire Protection Association, of
all the suspicious and incendiary fires estimated to occur, only
\1/3\ are confirmed as arson; and
(8) improved training of arson investigators will increase the
ability of fire departments to identify suspicious and incendiary
fires, and will result in increased and more effective prosecution
of arson offenses.
SEC. 3. ARSON PREVENTION GRANTS.
The Federal Fire Prevention and Control Act of 1974 is amended by
inserting after section 24 (15 U.S.C. 2220) the following new section:
``SEC. 25. ARSON PREVENTION GRANTS.
``(a) Definitions._As used in this section:
``(1) Arson._The term `arson' includes all incendiary and
suspicious fires.
``(2) Office._The term `Office' means the Office of Fire
Prevention and Arson Control of the United States Fire
Administration.
``(b) Grants._The Administrator, acting through the Office, shall
carry out a demonstration program under which not more than 10 grant
awards shall be made to States, or consortia of States, for programs
relating to arson research, prevention, and control.
``(c) Goals._In carrying out this section, the Administrator shall
award 2-year grants on a competitive, merit basis to States, or
consortia of States, for projects that promote one or more of the
following goals:
``(1) To improve the training by States leading to professional
certification of arson investigators, in accordance with nationally
recognized certification standards.
``(2) To provide resources for the formation of arson task
forces or interagency organizational arrangements involving police
and fire departments and other relevant local agencies, such as a
State arson bureau and the office of a fire marshal of a State.
``(3) To combat fraud as a cause of arson and to advance
research at the State and local levels on the significance and
prevention of fraud as a motive for setting fires.
``(4) To provide for the management of arson squads, including_
``(A) training courses for fire departments in arson case
management, including standardization of investigative
techniques and reporting methodology;
``(B) the preparation of arson unit management guides; and
``(C) the development and dissemination of new public
education materials relating to the arson problem.
``(5) To combat civil unrest as a cause of arson and to advance
research at the State and local levels on the prevention and
control of arson linked to urban disorders.
``(6) To combat juvenile arson, such as juvenile fire-setter
counseling programs and similar intervention programs, and to
advance research at the State and local levels on the prevention of
juvenile arson.
``(7) To combat drug-related arson and to advance research at
the State and local levels on the causes and prevention of drug-
related arson.
``(8) To combat domestic violence as a cause of arson and to
advance research at the State and local levels on the prevention of
arson arising from domestic violence.
``(9) To combat arson in rural areas and to improve the
capability of firefighters to identify and prevent arson initiated
fires in rural areas and public forests.
``(10) To improve the capability of firefighters to identify
and combat arson through expanded training programs, including_
``(A) training courses at the State fire academies; and
``(B) innovative courses developed with the Academy and
made available to volunteer firefighters through regional
delivery methods, including teleconferencing and satellite
delivered television programs.
``(d) Structuring of Applications._The Administrator shall assist
grant applicants in structuring their applications so as to ensure that
at least one grant is awarded for each goal described in subsection
(c).
``(e) State Qualification Criteria._In order to qualify for a grant
under this section, a State, or consortium of States, shall provide
assurances adequate to the Administrator that the State or consortium_
``(1) will obtain at least 25 percent of the cost of programs
funded by the grant, in cash or in kind, from non-Federal sources;
``(2) will not as a result of receiving the grant decrease the
prior level of spending of funds of the State or consortium from
non-Federal sources for arson research, prevention, and control
programs;
``(3) will use no more than 10 percent of funds provided under
the grant for administrative costs of the programs; and
``(4) is making efforts to ensure that all local jurisdictions
will provide arson data to the National Fire Incident Reporting
System or the Uniform Crime Reporting program.
``(f) Extension._A grant awarded under this section may be extended
for one or more additional periods, at the discretion of the
Administrator, subject to the availability of appropriations.
``(g) Technical Assistance._The Administrator shall provide
technical assistance to States in carrying out programs funded by
grants under this section.
``(h) Consultation and Cooperation._In carrying out this section,
the Administrator shall consult and cooperate with other Federal
agencies to enhance program effectiveness and avoid duplication of
effort, including the conduct of regular meetings initiated by the
Administrator with representatives of other Federal agencies concerned
with arson and concerned with efforts to develop a more comprehensive
profile of the magnitude of the national arson problem.
``(i) Assessment._Not later than 18 months after the date of
enactment of this subsection, the Administrator shall submit a report
to Congress that_
``(1) identifies grants made under this section;
``(2) specifies the identity of grantees;
``(3) states the goals of each grant; and
``(4) contains a preliminary assessment of the effectiveness of
the grant program under this section.
``(j) Regulations._Not later than 90 days after the date of
enactment of this subsection, the Administrator shall issue regulations
to implement this section, including procedures for grant applications.
``(k) Administration._The Administrator shall directly administer
the grant program required by this section, and shall not enter into
any contract under which the grant program or any portion of the
program will be administered by another party.
``(l) Purchase of American Made Equipment and Products._
``(1) Sense of congress._It is the sense of Congress that any
recipient of a grant under this section should purchase, when
available and cost-effective, American made equipment and products
when expending grant monies.
``(2) Notice to recipients of assistance._In allocating grants
under this section, the Administrator shall provide to each
recipient a notice describing the statement made in paragraph (1)
by the Congress.''.
SEC. 4. VOLUNTEER FIREFIGHTER TRAINING.
Section 24(a)(2) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2220(a)(2)) is amended by inserting before the
semicolon the following: ``, with particular emphasis on the needs of
volunteer firefighters for improved and more widely available arson
training courses''.
SEC. 5. CPR TRAINING.
The Federal Fire Prevention and Control Act of 1974 is amended by
adding at the end the following new section:
``SEC. 32. CPR TRAINING.
``No funds shall be made available to a State or local government
under section 25 unless such government has a policy to actively
promote the training of its firefighters in cardiopulmonary
resuscitation.''.
SEC. 6. FEDERAL EMPLOYEE HOUSING EXCEPTIONS.
Section 31(c)(1) of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2227(c)(1)) is amended_
(1) in subparagraph (A), by striking ``No Federal'' and
inserting in lieu thereof ``Except as otherwise provided in this
paragraph, no Federal''; and
(2) by adding at the end the following new subparagraphs:
``(C) Housing covered by this paragraph that does not have an
adequate and reliable electrical system shall not be subject to the
requirement under subparagraph (A) for protection by hard-wired smoke
detectors, but shall be protected by battery operated smoke detectors.
``(D) If funding has been programmed or designated for the
demolition of housing covered by this paragraph, such housing shall not
be subject to the fire protection requirements of subparagraph (A), but
shall be protected by battery operated smoke detectors.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Section 17 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2216) is amended by adding at the end the following new
subsection:
``(h) In addition to any other amounts that are authorized to be
appropriated to carry out this Act, there are authorized to be
appropriated to carry out this Act_
``(1) $500,000 for fiscal year 1995 for basic research on the
development of an advanced course on arson prevention;
``(2) $2,000,000 for fiscal year 1996 for the expansion of
arson investigator training programs at the Academy under section
24 and at the Federal Law Enforcement Training Center, or through
regional delivery sites;
``(3) $4,000,000 for each of fiscal years 1995 and 1996 for
carrying out section 25, except for salaries and expenses for
carrying out section 25; and
``(4) $250,000 for each of the fiscal years 1995 and 1996 for
salaries and expenses for carrying out section 25.''.
SEC. 8. SUNSET.
Notwithstanding any other provision of this Act, no funds are
authorized to be appropriated for any fiscal year after fiscal year
1996 for carrying out the programs for which funds are authorized by
this Act, or the amendments made by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Arson Prevention Act of 1994 - Amends the Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration, acting through the Office of Fire Prevention and Arson Control, to carry out a demonstration program under which not more than ten grant awards shall be made to States or consortia of States (States) for programs relating to arson research, prevention, and control.
Directs the Administrator, in carrying out such provision, to award two-year grants on a competitive, merit basis to States for projects that promote one or more of specified goals, including: (1) improving the training by States leading to professional certification of arson investigators; (2) providing resources for the formation of arson task forces or interagency organizational arrangements involving the police and fire departments and other relevant local agencies; (3) combating fraud as a cause of arson and advancing research at the State and local levels on the significance and prevention of fraud as a motive for setting fires; (4) combating juvenile arson, drug-related arson, and domestic violence as a cause of arson; and (5) improving the capability of firefighters to identify and combat arson through expanded training programs.
Sets forth provisions regarding: (1) the structuring of applications; (2) State qualification criteria; (3) the extension of grants; (4) technical assistance; (5) consultation and cooperation with other Federal agencies; (6) assessment; and (7) the purchase of American made equipment and products by grant recipients.
(Sec. 4) Includes within a provision requiring the Administrator to provide training and instructional materials in skills and knowledge necessary to assist Federal, State, and local fire service and law enforcement personnel in arson prevention, detection, and control, a requirement that particular emphasis be placed on the needs of volunteer firefighters for improved and more widely available arson training courses.
(Sec. 5) Prohibits making certain funds available to a State or local government under the Act unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary resuscitation.
(Sec. 6) Exempts Federal employee housing that does not have an adequate and reliable electrical system from the requirement for protection by hard-wired (but requires battery operated) smoke detectors.
(Sec. 7) Authorizes appropriations, including appropriations for basic research on the development of an advanced course on arson prevention and for the expansion of arson investigator training programs at the National Fire Academy and the Federal Law Enforcement Training Center or through regional delivery sites.
(Sec. 8) Prohibits any funds from being authorized to be appropriated for any fiscal year after FY 1996 for carrying out the programs for which funds are authorized by this Act or the amendments made by this Act. | {"src": "billsum_train", "title": "Arson Prevention Act of 1994"} | 2,369 | 592 | 0.647759 | 2.13656 | 0.734323 | 4.570632 | 4.239777 | 0.927509 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Deployment and Early-
Stage Business Investment Act of 2010''.
SEC. 2. TECHNOLOGY DEPLOYMENT AND EARLY-STAGE BUSINESS INVESTMENT GRANT
PROGRAM.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Commerce shall establish a
technology deployment and early-stage business investment grant program
(in this section referred to as the ``program'') to support the
development of early-stage businesses in targeted industries.
(b) Grant Authority.--
(1) In general.--In carrying out the program, the Secretary
is authorized to make grants to covered business accelerators.
(2) Grant amounts.--
(A) Non-federal capital limitation.--A grant made
to a covered business accelerator under the program may
not be in an amount that exceeds the amount of the
accelerator's capital that--
(i) is not from a Federal source; and
(ii) is available for investment and
business assistance services on or before the
date on which a grant is drawn upon.
(B) Aggregate amount limitation.--The aggregate
amount of all grants made to a covered business
accelerator under the program may not exceed
$5,000,000.
(c) Grant Award Process.--In making a grant under the program, the
Secretary shall commit a grant amount to a covered business accelerator
and the amount of each such commitment shall remain available to be
drawn upon by the accelerator during the 5-year period beginning on the
date on which each such commitment is first drawn upon.
(d) Use of Grant.--
(1) In general.--A grant made under the program may be used
by a covered business accelerator for the following:
(A) Making an investment in an early-stage business
in a targeted industry.
(B) Providing training, counseling, and other
assistance to an early-stage business in a targeted
industry to support the development of the business.
(C) Making investments in and providing support to
an early-stage business in a targeted industry to
assist the business with proof of concept activities
that accelerate the deployment and commercialization of
technology.
(D) Providing purchased services to an early-stage
business in a targeted industry.
(E) Conducting due diligence activities.
(F) Meeting operational expenses.
(2) Limitations.--
(A) Proof of concept activities.--Not more than 40
percent of the amount of a grant made to a covered
business accelerator under the program may be used by
the accelerator to provide assistance for proof of
concept activities.
(B) Purchased services.--Not more than 20 percent
of the amount of a grant made to a covered business
accelerator under the program may be used by the
accelerator to provide purchased services to an early-
stage business in a targeted industry.
(C) Due diligence activities.--Not more than 10
percent of the amount of a grant made to a covered
business accelerator under the program may be used by
the accelerator to conduct due diligence activities.
(D) Operational expenses.--Not more than 20 percent
of the amount of a grant made to a covered business
accelerator under the program may be used by the
accelerator to meet operational expenses.
(3) Designation of grant uses.--In the application of a
covered business accelerator for a grant under the program, the
accelerator shall notify the Secretary of the percentage of the
grant amount that will be used for each of the activities
described in subparagraphs (A) through (F) of paragraph (1) and
provide a detailed description of the activities to be
undertaken.
(e) Grant Conditions.--
(1) Fund manager.--As a condition of receiving a grant
under the program, a covered business accelerator shall
designate an individual as the fund manager for the grant
amount and that individual shall administer and be responsible
to the Secretary for information with respect to the grant
amounts received.
(2) Investment review.--As a condition of receiving a grant
under the program, a covered business accelerator shall
establish an investment evaluation process that involves not
fewer than 5 individuals (3 of whom may not be employed by or
related to the accelerator or an affiliate of the accelerator)
who shall--
(A) review proposals for and advise the accelerator
on the use of grant funds;
(B) provide letters of support and reference to the
Secretary with respect to proposals for the use of
grant funds by the accelerator; and
(C) submit periodic reports to the Secretary on the
results of activities carried out with grant funds.
(3) Collaborator.--As a condition of receiving a grant
under the program, a covered business accelerator shall assign
to each early-stage business in a targeted industry that is
assisted with grant amounts a collaborator that shall be an
individual or organization not otherwise employed by or related
to the accelerator or an affiliate of the accelerator and that
shall assist the accelerator in providing support to the
business.
(f) Federal Share of Activities.--The Federal share of the cost of
an activity carried out by a covered business accelerator with the
assistance of a grant under the program shall not exceed 75 percent.
(g) Monitoring and Evaluation.--
(1) In general.--The Secretary shall assess the
effectiveness of covered business accelerators that receive a
grant under the program.
(2) Data from accelerators.--Not later than one year after
the date of receiving a grant under the program, a covered
business accelerator shall provide to the Secretary information
on the activities of the accelerator and the businesses
assisted under the grant, including--
(A) the number of technologies that the businesses
have moved from proof of concept activities to
commercialization;
(B) the number of jobs created by the businesses;
(C) the amount of taxes paid by the businesses and
the employees of the businesses;
(D) the amount of private investment the businesses
have received; and
(E) other data that, as determined by the
Secretary, may be used to measure the value of
assistance under the program.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out the program--
(A) $250,000,000 for the first full fiscal year
beginning after the date of enactment of this Act; and
(B) such sums as may be necessary for subsequent
fiscal years.
(2) Prohibition on earmarks.--None of the funds
appropriated for the program may be used for a congressional
earmark as defined in clause 9(e) of rule XXI of the Rules of
the House of Representatives.
(i) Definitions.--In this Act, the following definitions apply:
(1) Covered business accelerator.--The term ``covered
business accelerator'' means a public or private not-for-profit
organization, including an academic institution, that--
(A) operates a program providing assistance to
early-stage businesses in targeted industries to
support the development of those businesses, including
assistance with proof of concept activities to
accelerate the deployment and commercialization of
technology;
(B) has a physical location and on-site management
for the program described under subparagraph (A); and
(C) has procedures for selecting businesses for and
graduating businesses from the program described under
subparagraph (A).
(2) Due diligence activities.--The term ``due diligence
activities'' means activities undertaken to analyze and assess
the desirability, value, and potential of an opportunity to
provide assistance to an early-stage business in a targeted
industry, including activities to analyze and assess the
technology deployment and market potential of the business.
(3) Early-stage business in a targeted industry.--The term
``early-stage business in a targeted industry'' means a small
business concern that--
(A) is domiciled in a State;
(B) has not generated gross annual revenues
exceeding $5,000,000 in any of the previous 3 years;
and
(C) is engaged primarily in researching,
developing, manufacturing, producing, or bringing to
market goods or services with respect to any of the
following business sectors:
(i) Agricultural technology.
(ii) Energy technology.
(iii) Environmental technology.
(iv) Life science technology.
(v) Biotechnology.
(vi) Information technology.
(vii) Digital media.
(viii) Clean technology.
(ix) Defense technology.
(x) Photonics technology.
(xi) Electronic technology.
(xii) Semiconductor technology.
(xiii) Material science technology.
(xiv) Aerospace.
(xv) Communications.
(xvi) Transportation.
(4) Operational expenses.--The term ``operational
expenses'' means the costs of operating a covered business
accelerator, including overhead and management expenses.
(5) Proof of concept activities.--The term ``proof of
concept activities'' means activities carried out to validate
and confirm the commercial viability of a technology, including
the generation of data, prototypes, and pilot trials with
respect to the technology.
(6) Purchased services.--The term ``purchased services''
means any training, counseling, or other assistance provided to
an early-stage business in a targeted industry that is provided
by a covered business accelerator through an agreement with
another entity, and not by the accelerator directly.
(7) Secretary.--The terms ``Secretary'' and ``Secretary of
Commerce'' mean the Secretary of Commerce acting through the
Assistant Secretary of Commerce for Economic Development.
(8) Small business concern.--The term ``small business
concern'' has the meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632). | Technology Deployment and Early-Stage Business Investment Act of 2010 - Directs the Secretary of Commerce to establish a technology deployment and early-stage business investment grant program under which the Secretary makes grants to business accelerators (public or private nonprofit institutions, including academic institutions) to support the development of early-stage businesses in specified industries. Limits grants to $5 million per accelerator. Requires the Secretary to monitor and evaluate the effectiveness of each accelerator under the program. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce to establish a technology deployment and early-stage business investment grant program, and for other purposes."} | 2,092 | 100 | 0.680165 | 1.691172 | 0.942747 | 3.75 | 22.454545 | 0.863636 |
SECTION 1. PROVIDING FLEXIBILITY WITH RESPECT TO PREMIUM ASSISTANCE
UNDER MEDICAID.
(a) In General.--Section 1906 of the Social Security Act (42 U.S.C.
1396e) is amended--
(1) in subsection (c)(2), by striking ``such plan.'' and
inserting ``such group health plan.''; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) State Option for Nonelderly, Nondisabled Adults.--
``(1) In general.--Beginning on January 1, 2018, in the
case of a State electing the option described in paragraph (2)
of subsection (a), the Secretary may, upon the approval of a
State plan amendment submitted by the State, waive the
requirement of paragraph (3) of such subsection to the extent
such requirement provides for payment of premiums and
deductibles and other cost-sharing obligations with respect to
the items and services described in such paragraph furnished to
individuals described in paragraph (3) of this subsection.
``(2) Cost-effectiveness.--
``(A) In general.--The Secretary may approve a
State plan amendment under this subsection if the
Secretary determines that the payment of premiums and
deductibles and other cost-sharing obligations under
the group health plan or plans involved is cost-
effective relative to the amount of expenditures under
the State plan, including administrative expenditures,
and excluding payments for copayments or coinsurance,
that the State would have made to provide comparable
coverage of the individuals described in paragraph (3)
involved.
``(B) Determination.--For purposes of subparagraph
(A), cost-effectiveness shall be determined--
``(i) on an annual basis by comparing--
``(I) the amount of expenditures
per employer for coverage under the
group health plan or plans involved of
the individuals described in paragraph
(3) for the preceding 4 calendar
quarters; to
``(II) the average per capita
amount of expenditures that the State
made under the State plan to provide
comparable coverage of such individuals
for such calendar quarters; and
``(ii) in the case of individuals described
in paragraph (3) who are parents of children--
``(I) if the parent is eligible for
enrollment in a group health plan,
based on the cost of purchasing family
coverage under the group health plan;
and
``(II) if the parent is not so
eligible, based on the cost of
individual coverage for the parent and
each child.
``(C) Child defined.--In this paragraph, the term
`child' has the meaning given such term in section
1902(e)(13)(G).
``(3) Nonelderly, nondisabled adults.--The individuals
described in this paragraph are individuals who are under 65
years of age, not pregnant, not entitled to, or enrolled for,
benefits under part A of title XVIII, or enrolled for benefits
under part B of title XVIII, are not described in subclauses
(I) through (VII) of section 1902(a)(10)(A)(i), and otherwise
entitled to medical assistance under this title.''.
(b) Premium Assistance Subsidy Option.--Section 1906A of the Social
Security Act (42 U.S.C. 1396e-1) is amended by adding at the end the
following new subsection:
``(f) State Option for Nonelderly, Nondisabled Adults.--
``(1) In general.--Beginning on January 1, 2018, in the
case of a State electing to provide a premium assistance
subsidy as described in subsection (a), the Secretary may, upon
the approval of a State plan amendment submitted by the State,
waive the requirement of subsection (e) to the extent such
requirement provides for payment of premiums and deductibles
and other cost-sharing obligations with respect to the items
and services described in such subsection furnished to
individuals described in paragraph (3).
``(2) Cost-effectiveness.--
``(A) In general.--The Secretary may approve a
State plan amendment under this subsection if the
Secretary determines that the payment of premiums and
deductibles and other cost-sharing obligations under
the qualified employer-sponsored coverage involved is
cost-effective relative to the amount of expenditures
under the State plan, including administrative
expenditures, and excluding payments for copayments or
coinsurance, that the State would have made to provide
comparable coverage of the individuals described in
paragraph (3)(B) involved.
``(B) Determination.--For purposes of subparagraph
(A), cost-effectiveness shall be determined--
``(i) on an annual basis by comparing--
``(I) the amount of expenditures
per employer for coverage under the
qualified employer-sponsored coverage
involved of the individuals described
in paragraph (3)(B) for the preceding 4
calendar quarters; to
``(II) the average per capita
amount of expenditures that the State
made under the State plan to provide
comparable coverage of such individuals
for such calendar quarters; and
``(ii) in the case of individuals described
in paragraph (3) who are parents of individuals
under 19 years of age--
``(I) if the parent is eligible for
enrollment in qualified employer-
sponsored coverage, based on the cost
of purchasing family coverage under
such qualified employer-sponsored
coverage; and
``(II) if the parent is not so
eligible, based on the cost of
individual coverage for the parent and
each such individual under 19 years of
age.
``(3) Nonelderly, nondisabled adults.--The individuals
described in this paragraph are individuals (or the parents of
individuals) who are--
``(A) participating in a premium assistance subsidy
under this section for qualified employer-sponsored
coverage; and
``(B) under 65 years of age, not pregnant, not
entitled to, or enrolled for, benefits under part A of
title XVIII, or enrolled for benefits under part B of
title XVIII, and are not described in subclauses (I)
through (VII) of section 1902(a)(10)(A)(i).''. | This bill allows the Centers for Medicare & Medicaid Services (CMS) to waive specified requirements for a state Medicaid program to provide certain premium assistance if the CMS determines that such waivers are cost-effective. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide States with flexibility with respect to providing premium assistance under the Medicaid program."} | 1,374 | 59 | 0.42764 | 0.947377 | 0.440182 | 0.923077 | 32 | 0.615385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Competition in Foreign Commerce
Act of 1999''.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The United States makes substantial contributions and
provides significant funding for major international
development projects through international financial
institutions and bilateral nonhumanitarian assistance.
(2) These international development projects are often
plagued with fraud, corruption, waste, inefficiency, and misuse
of funding.
(3) Fraud, corruption, waste, inefficiency, misuse, and
abuse are major impediments to competition in foreign commerce
throughout the world.
(4) Identifying these impediments after they occur is
inadequate and meaningless.
(5) Detection of impediments before they occur helps to
ensure that valuable United States resources contributed to
important international development projects are used
appropriately.
(6) Independent third-party procurement monitoring is an
important tool for detecting and preventing such impediments.
(7) Third-party procurement monitoring includes evaluations
of each stage of the procurement process and assures the
openness and transparency of the process.
(8) Improving transparency and openness in the procurement
process helps to minimize fraud, corruption, waste,
inefficiency, and other misuse of funding, and promotes
competition, thereby strengthening international trade and
foreign commerce.
(b) Purpose.--The purpose of this Act is to build on the excellent
progress associated with the Organization on Economic Development and
Cooperation Agreement on Bribery and Corruption by promoting the use of
independent third-party procurement monitoring as part of United States
participation in the international financial institutions and in the
disbursement by the United States of bilateral nonhumanitarian foreign
assistance funds, so as to ensure open, efficient, and transparent
government procurement practices.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committees on Finance and on Commerce,
Science, and Technology of the Senate and the Committees on
Ways and Means and on Commerce of the House of Representatives.
(2) Independent third-party procurement monitoring.--The
term ``independent third-party procurement monitoring'' means a
program to--
(A) eliminate bias,
(B) promote transparency and open competition, and
(C) minimize fraud, corruption, waste,
inefficiency, and other misuse of funds,
in international procurement through independent evaluation of
the technical, financial, economic, and legal aspects of the
procurement process.
(3) Independent.--The term ``independent'' means that
monitoring the procurement process does not pose a conflict of
interest for the person doing so.
(4) Each stage of procurement.--The term ``each stage of
procurement'' means the development and issuance of technical
specifications, bidding documents, evaluation reports, contract
preparation, and the delivery of goods and services.
(5) International financial institution.--The term
``international financial institution'' has the meaning given
in section 1701(c)(2) of the International Financial
Institutions Act.
SEC. 4. REQUIREMENTS FOR FAIR COMPETITION IN FOREIGN COMMERCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall transmit to
the President and to the appropriate committees a plan for promoting
international government procurement reforms relating to the United
States participation in international financial institutions, including
the use of third party procurement monitoring where appropriate.
(b) Plan.--The plan shall include an instruction by the Secretary
of the Treasury to the United States Executive Director of each
international financial institution to use the voice and vote of the
United States to oppose the use of funds appropriated or made available
by the United States for any non-humanitarian assistance, until--
(1) the institution has adopted an anticorruption plan that
requires the use of independent third-party procurement
monitoring services in any case in which the country receiving
such assistance lacks the necessary organization, resources,
and expertise to ensure openness, efficiency, and transparency
in government procurement; and
(2) each country receiving such assistance institutes
specific strategies for minimizing corruption and maximizing
transparency in each stage of the procurement process.
(c) Annual Reports.--Not later than June 29 of each year, the
Secretary of the Treasury shall report to the appropriate committees on
the progress in implementing procurement reforms made by each
international financial institution and each country that received non-
humanitarian assistance from such an institution during the preceding
year.
(d) Restrictions on Assistance.--Notwithstanding any other
provision of law, no funds appropriated or made available for non-
humanitarian foreign assistance programs, including the activities of
the Agency for International Development, may be expended for a
government procurement program unless each country eligible to receive
assistance under such programs and each international financial
institution involved has demonstrated that significant progess is being
made toward institutionalizing--
(1) procurement practices which are open, transparent, and
free of corruption, fraud, inefficiency, and other misuse; and
(2) independent third-party monitoring of government
procurement, in the case of such countries that lack necessary
organization, resources, and expertise.
SEC. 5. EXCEPTIONS.
(a) National Security.--Section 4 shall not apply with respect to a
country if the President determines with respect to such country that
making funds available is in the national security interests of the
United States. Any such determination shall cease to be effective 6
months after being made unless the President determines that its
continuation is in the national security interests of the United
States.
(b) Other Exceptions.--Section 4 shall not apply with respect to
assistance to--
(1) meet urgent humanitarian needs (including providing
food, medicine, disaster, and refugee relief);
(2) facilitate democratic political reform and rule of law
activities;
(3) create private sector and nongovernmental organizations
that are independent of government control; or
(4) facilitate development of a free market economic
system. | Prohibits the use of funds for nonhumanitarian foreign assistance programs (including Agency for International Development (AID) activities) unless each recipient country and each international financial institution has demonstrated that significant progress is being made toward institutionalizing: (1) procurement practices that are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) independent third-party procurement monitoring of government procurement in countries that lack necessary organization, resources, and expertise.
Specifies national security, emergency humanitarian, and other exceptions to the requirements of this Act. | {"src": "billsum_train", "title": "Fair Competition in Foreign Commerce Act of 1999"} | 1,290 | 116 | 0.573227 | 1.774924 | 0.607809 | 4.518519 | 11.305556 | 0.944444 |
SECTION 1. UNION CHAPEL FOSSIL FOOTPRINT SITE PRESERVATION ACT.
(a) Short Title.--This section may be cited as the ``Union Chapel
Fossil Footprint Site Preservation Act''.
(b) Findings.--Congress finds the following:
(1) Fossils have scientific and educational value and it is
in the national interest to preserve and protect sites of
paleontological significance.
(2) The Union Chapel Mine is a paleontologically
significant site that has been the focus of an extensive
collaborative effort over the past 2 1/2 years by amateur
collectors and professional paleontologists from the Geological
Survey of Alabama, the University of Alabama, Emory University,
the University of Florida, and the University of South Alabama.
(3) The site is significant because it has yielded an
unusually large quantity of rare pre-dinosaur fossil trackways
dating from the early Pennsylvanian Period (approximately 310
million years ago, about 100 million years before the first
dinosaurs).
(4) Material obtained from spoil piles at the site includes
over 1,300 vertebrate and invertebrate tracks, some new to
science, as well as a wide array of fossil plants. The
trackways are due mainly to primitive amphibians, horseshoe
crabs, and other arthropods. These tracks now comprise the
largest collection of specimens documenting the existence of
these animals in north central Alabama during the Coal Age.
(5) An extensive photographic database of over 1,800
digital images has been compiled using material from the site.
(6) At least 4 presentations at scientific meetings have
been delivered relating to findings at the site and a monograph
and 2 manuscripts for publication in scientific journals are
being prepared.
(7) It is estimated by geologists working at the Union
Chapel Mine that far more fossil material exists within the
remaining spoil piles at the site and that undisturbed tracks
and other trace fossils within the adjoining high wall may
constitute an unparalleled resource for scientific exploration
of this ancient ecosystem.
(8) The Union Chapel Mine has now been recognized by
international experts in the field as the most important Coal
Age footprint site in the world.
(c) Purposes.--The purposes of this Act include the following:
(1) To authorize the Secretary to acquire by donation from
the New Acton Coal Mining Company, Inc., the Union Chapel
Paleozoic Footprint Preserve to preserve and develop it for
further paleontological research.
(2) To grant an exemption from the requirements of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201 et seq.), for further reclamation of the site to the owner
of the Union Chapel Mine, the New Acton Coal Mining Company,
Inc. of Cordova, Alabama.
(3) To authorize the complete restoration of funds held in
escrow pending further reclamation of the Union Chapel Mine by
the Director of the Surface Coal Mining Commission of the State
of Alabama to the New Acton Coal Mining Company, Inc.
(d) Authorization to Acquire the Union Chapel Paleozoic Footprint
Preserve.--If offered by a willing owner, the Secretary shall accept,
by donation only, the 35 acres of land (and all related facilities and
other appurtenances thereon) generally depicted on the map entitled
``Union Chapel Mine'', ASMC permit number 3778, for permanent
preservation of that property.
(e) Application of Certain Law.--The requirements of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.),
shall not apply to the New Acton Coal Mining Company, Inc. regarding
further reclamation of the Union Chapel Paleozoic Footprint Preserve.
(f) Return of Funds in Escrow.--All funds held in escrow on the
date of the enactment of this Act pending further reclamation of the
Union Chapel Mine by the Director of the Surface Coal Mining Commission
of the State of Alabama may be returned to the New Acton Coal Mining
Company, Inc.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $500,000 for the following:
(1) To preserve and protect the paleontological resources
located within the exterior boundaries of the Union Chapel
Paleozoic Footprint Preserve.
(2) To provide opportunities for scientific research in a
manner compatible with paragraph (1).
(3) To provide the public with opportunities for
educational activities in a manner compatible with paragraph
(1).
(h) Map on File.--The map referred to in subsection (d) shall be on
file and available for public inspection in the appropriate office of
the Department of the Interior.
(i) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Union chapel paleozoic footprint preserve.--The term
``Union Chapel Paleozoic Footprint Preserve'' means the
property (and all facilities and other appurtenances thereon)
described in subsection (d).
(2) Union chapel mine.--The term ``Union Chapel Mine''
means the surface coal mine in Union Chapel, Alabama.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Union Chapel Fossil Footprint Site Preservation Act - Directs the Secretary of the Interior to accept, if willingly donated by the New Acton Coal Mining Company, Inc., Cordova, Alabama, the Union Chapel Paleozoic Footprint Preserve, Union Chapel, Alabama, in order to preserve and protect certain rare paleontological resources. Declares that the requirements of the Surface Mining Control and Reclamation Act of 1977 shall not apply to the New Acton Mining Company, Inc. regarding further reclamation of the Preserve. Permits the return to the New Acton Coal Mining Company, Inc., of all funds held in escrow pending further reclamation of the Union Chapel Mine by the Director of the Surface Coal Mining Commission of the State of Alabama. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to acquire by donation certain property in Alabama to provide for the protection and preservation of certain rare paleontological resources on that property, and for other purposes."} | 1,142 | 171 | 0.559397 | 1.776768 | 0.718346 | 5.312977 | 7.671756 | 0.946565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Health Outreach Grants
Amendments Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM OF GRANTS FOR RURAL HEALTH OUTREACH.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following new part:
``Part P--Rural Health Outreach Grant Program
``SEC. 399B. RURAL HEALTH OUTREACH GRANT PROGRAM.
``(a) In General.--The Secretary may make grants to demonstrate new
and innovative models of outreach and health care services delivery in
rural areas that lack basic health services. Grants will be awarded for
one of the following: direct provision of health services to rural
populations (especially for those who are not currently receiving those
services), or to enhance access to and utilization of existing
available services.
``(b) Missions of the Outreach Projects.--Projects under subsection
(a) should be designed to address the needs of a wide range of
populations living in rural communities including, but not limited to,
the poor, farmers, farm workers, senior citizens, individuals with
disabilities, pregnant women, infants, adolescents, and rural
populations with special health care needs. The program could include
projects to:
``(1) Provide, enhance, or revitalize emergency medical
services in rural communities.
``(2) Provide ambulatory health and/or mental health
services in health professional shortage areas and in frontier
areas.
``(3) Enhance the health and safety of farmers through
direct health services for farm families, and migrant and
seasonal farm workers.
``(4) Provide direct health services to enhance health care
services to senior citizens.
``(5) Provide direct health services that will reduce
infant mortality in rural communities.
``(c) Composition of Program.--
``(1) Consortium arrangements.--Participation in the
program established in subsection (a) requires the formation of
consortium arrangements among three or more separate and
distinct entities to carry out an outreach project.
``(2) Certain requirements.--
``(A) A consortium under paragraph (1) must be
composed of three or more existing health care
providers or a combination of three or more health care
and social service providers. Consortium members may
include such entities as: hospitals, public health
agencies, home health providers, mental health centers,
rural health clinics, social service agencies, health
profession(s) schools, educational institutions,
emergency medical centers/providers, and community and
migrant health centers.
``(B) All public and private entities, both
nonprofit and for-profit may participate as members of
a consortium arrangement under paragraph (1).
``(C) A grant under subsection (a) will be made to
only one entity in a consortium under paragraph (1).
The grant recipient must be a nonprofit or public
entity which meets one of the following requirements:
``(i) Applicants must be located outside of
a Metropolitan Statistical Area as defined by
the Federal Government.
``(ii) Applicant must be located in a rural
census tract. (This provision applies to
counties that are technically classified as
Metropolitan Statistical Areas or considered as
part of a Metropolitan Statistical Area but
large parts of the counties are rural.)
Organizations located in the rural areas of the
counties mentioned previously are eligible for
participation in the program.
``(d) Review Criteria.--An outreach application under this section
may be evaluated based on the following criteria:
``(1) The extent to which the applicant has proposed a new
and innovative approach to health care in the rural area.
Services shall be directed as population groups that are
unserved or underserved.
``(2) The extent to which the applicant has justified and
documented the needs for the project and developed measurable
goals for meeting the needs.
``(3) The extent to which the applicant has clearly defined
the roles and responsibilities for each member of the
consortium and developed a workable plan for managing the
consortium's activities.
``(4) The level of local commitment and involvement with
the project, including the extent of cost participation by the
applicant and/or other organizations.
``(5) The feasibility of the project to continue after
Federal grant support is completed.
``(6) The extent of the evaluation component.
``(e) How Project Funds Are To Be Expended.--
``(1) Grantees under subsection (a) will be required to use
at least 85 percent of the total amount awarded for outreach
and care services.
``(2) 60 percent of funds must be spent in rural areas.
This provision is designed accordingly--when a consortium is
purchasing goods and services, priority should be given to
purchases in rural areas.
``(3) Grant funds may not be used for purchase,
construction, or renovation of real property or to support the
delivery of inpatient services.
``(4) Grant funds may be used for equipment and vehicles
when such equipment is essential to carrying out the outreach
project.
``(5) Individual grant awards will be limited to a total
amount of $300,000 per year. Projects will be federally funded
for three years.
``(6) Applicants must demonstrate that existing levels of
institutional and other support are not reduced or supplanted
by the availability of these grant funds.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $25,000,000
for fiscal year 1994, and such sums as may be necessary for each fiscal
year thereafter.''. | Rural Health Outreach Grants Amendments Act - Amends the Public Health Service Act to authorize grants to demonstrate new and innovative models of outreach and health care services delivery in rural areas that lack basic health services.
Conditions grants on formation of consortia of at least three health care providers or at least three social service providers.
Authorizes appropriations. | {"src": "billsum_train", "title": "Rural Health Outreach Grants Amendments Act"} | 1,196 | 75 | 0.621493 | 1.3617 | 1.00036 | 4.5625 | 18.546875 | 0.90625 |
SECTION 1. PURPOSE.
It is the purpose of this Act--
(1) to assist in the effort to timely establish within the
District of Columbia a national memorial to Japanese American
patriotism in World War II; and
(2) to improve management of certain parcels of Federal
real property located within the District of Columbia,
by transferring jurisdiction over such parcels to the Architect of the
Capitol, the Secretary of the Interior, and the Government of the
District of Columbia.
SEC. 2. TRANSFERS OF JURISDICTION.
(a) In General.--Effective on the date of the enactment of this Act
and notwithstanding any other provision of law, jurisdiction over the
parcels of Federal real property described in subsection (b) is
transferred without additional consideration as provided by subsection
(b).
(b) Specific Transfers.--
(1) Transfers to secretary of the interior.--
(A) In general.--Jurisdiction over the following
parcels is transferred to the Secretary of the
Interior:
(i) That triangle of Federal land,
including any contiguous sidewalks and tree
space, that is part of the United States
Capitol Grounds under the jurisdiction of the
Architect of the Capitol bound by D Street,
N.W., New Jersey Avenue, N.W., and Louisiana
Avenue, N.W., in Square W632 in the District of
Columbia, as shown on the Map Showing
Properties Under Jurisdiction of the Architect
of the Capitol, dated November 8, 1994.
(ii) That triangle of Federal land,
including any contiguous sidewalks and tree
space, that is part of the United States
Capitol Grounds under the jurisdiction of the
Architect of the Capitol bound by C Street,
N.W., First Street, N.W., and Louisiana Avenue,
N.W., in the District of Columbia, as shown on
the Map Showing Properties Under Jurisdiction
of the Architect of the Capitol, dated November
8, 1994.
(B) Limitation.--The parcels transferred by
subparagraph (A) shall not include those contiguous
sidewalks abutting Louisiana Avenue, N.W., which shall
remain part of the United States Capitol Grounds under
the jurisdiction of the Architect of the Capitol.
(C) Consideration as memorial site.--The parcels
transferred by clause (i) of subparagraph (A) may be
considered as a site for a national memorial to
Japanese American patriotism in World War II.
(2) Transfers to architect of the capitol.--Jurisdiction
over the following parcels is transferred to the Architect of
the Capitol:
(A) That portion of the triangle of Federal land in
Reservation No. 204 in the District of Columbia under
the jurisdiction of the Secretary of the Interior,
including any contiguous sidewalks, bound by
Constitution Avenue, N.E., on the north, the branch of
Maryland Avenue, N.E., running in a northeast direction
on the west, the major portion of Maryland Avenue,
N.E., on the south, and 2nd Street, N.E., on the east,
including the contiguous sidewalks.
(B) That irregular area of Federal land in
Reservation No. 204 in the District of Columbia under
the jurisdiction of the Secretary of the Interior,
including any contiguous sidewalks, northeast of the
real property described in subparagraph (A) bound by
Constitution Avenue, N.E., on the north, the branch of
Maryland Avenue, N.E., running to the northeast on the
south, and the private property on the west known as
lot 7 in square 726.
(C) The two irregularly shaped medians lying north
and east of the property described in subparagraph (A),
located between the north and south curbs of
Constitution Avenue, N.E., west of its intersection
with Second Street, N.E., all as shown in Land Record
No. 268, dated November 22, 1957, in the Office of the
Surveyor, District of Columbia, in Book 138, Page 58.
(D) All sidewalks under the jurisdiction of the
District of Columbia abutting on and contiguous to the
land described in subparagraphs (A), (B), and (C).
(3) Transfers to district of columbia.--Jurisdiction over
the following parcels is transferred to the Government of the
District of Columbia:
(A) That portion of New Jersey Avenue, N.W.,
between the northernmost point of the intersection of
New Jersey Avenue, N.W., and D Street, N.W., and the
northernmost point of the intersection of New Jersey
Avenue, N.W., and Louisiana Avenue, N.W., between
squares 631 and W632, which remains Federal property.
(B) That portion of D Street, N.W., between its
intersection with New Jersey Avenue, N.W., and its
intersection with Louisiana Avenue, N.W., between
Squares 630 and W632, which remains Federal property.
SEC. 3. MISCELLANEOUS.
(a) Compliance With Other Laws.--Compliance with this Act shall be
deemed to satisfy the requirements of all laws otherwise applicable to
transfers of jurisdiction over parcels of Federal real property.
(b) Law Enforcement Responsibility.--Law enforcement responsibility
for the parcels of Federal real property for which jurisdiction is
transferred by section 2 shall be assumed by the person acquiring such
jurisdiction.
(c) United States Capitol Grounds.--
(1) Definition.--The first section of the Act entitled ``An
Act to define the United States Capitol Grounds, to regulate
the use thereof, and for other purposes'', approved July 31,
1946 (40 U.S.C. 193a), is amended to include within the
definition of the United States Capitol Grounds the parcels of
Federal real property described in section 2(b)(2).
(2) Jurisdiction of capitol police.--The United States
Capitol Police shall have jurisdiction over the parcels of
Federal real property described in section 2(b)(2) in
accordance with section 9 of such Act of July 31, 1946 (40
U.S.C. 212a).
(d) Effect of Transfers.--A person relinquishing jurisdiction over
a parcel of Federal real property transferred by section 2 shall not
retain any interest in the parcel except as specifically provided by
this Act. | Transfers jurisdiction over specified Federal real property located in the District of Columbia from: (1) the Architect of the Capitol to the Secretary of the Interior (provides for the consideration of certain of such parcels as a site for a national memorial to Japanese American patriotism in World War II); (2) the Secretary of the Interior and the District of Columbia to the Architect of the Capitol to be included within the definition of the United States Capitol Grounds; and (3) the Federal Government to the District of Columbia government. | {"src": "billsum_train", "title": "A bill to transfer jurisdiction over certain parcels of Federal real property located in the District of Columbia, and for other purposes."} | 1,378 | 107 | 0.651429 | 1.688606 | 0.769311 | 3.786408 | 11.796117 | 0.951456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Chemistry Research and
Development Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``green chemistry'' means chemistry and
chemical engineering to design chemical products and processes
that reduce or eliminate the use or generation of hazardous
substances while producing high quality products through safe
and efficient manufacturing processes;
(2) the term ``Interagency Working Group'' means the
interagency working group established under section 3(c); and
(3) the term ``Program'' means the Green Chemistry Research
and Development Program described in section 3.
SEC. 3. GREEN CHEMISTRY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--The President shall establish a Green Chemistry
Research and Development Program to promote and coordinate Federal
green chemistry research, development, demonstration, education, and
technology transfer activities.
(b) Program Activities.--The activities of the Program shall be
designed to--
(1) provide sustained support for green chemistry research,
development, demonstration, education, and technology transfer
through--
(A) merit-reviewed competitive grants to individual
investigators and teams of investigators, including, to
the extent practicable, young investigators, for
research and development;
(B) grants to fund collaborative research and
development partnerships among universities, industry,
and nonprofit organizations;
(C) green chemistry research, development,
demonstration, and technology transfer conducted at
Federal laboratories; and
(D) to the extent practicable, encouragement of
consideration of green chemistry in--
(i) the conduct of Federal chemical science
and engineering research and development; and
(ii) the solicitation and evaluation of all
proposals for chemical science and engineering
research and development;
(2) examine methods by which the Federal Government can
create incentives for consideration and use of green chemistry
processes and products;
(3) facilitate the adoption of green chemistry innovations;
(4) expand education and training of undergraduate and
graduate students, and professional chemists and chemical
engineers, including through partnerships with industry, in
green chemistry science and engineering;
(5) collect and disseminate information on green chemistry
research, development, and technology transfer, including
information on--
(A) incentives and impediments to development and
commercialization;
(B) accomplishments;
(C) best practices; and
(D) costs and benefits;
(6) provide venues for outreach and dissemination of green
chemistry advances such as symposia, forums, conferences, and
written materials in collaboration with, as appropriate,
industry, academia, scientific and professional societies, and
other relevant groups;
(7) support economic, legal, and other appropriate social
science research to identify barriers to commercialization and
methods to advance commercialization of green chemistry; and
(8) provide for public input and outreach to be integrated
into the Program by the convening of public discussions,
through mechanisms such as citizen panels, consensus
conferences, and educational events, as appropriate.
(c) Interagency Working Group.--The President shall establish an
Interagency Working Group, which shall include representatives from the
National Science Foundation, the National Institute of Standards and
Technology, the Department of Energy, the Environmental Protection
Agency, and any other agency that the President may designate. The
Director of the National Science Foundation and the Assistant
Administrator for Research and Development of the Environmental
Protection Agency shall serve as co-chairs of the Interagency Working
Group. The Interagency Working Group shall oversee the planning,
management, and coordination of the Program. The Interagency Working
Group shall--
(1) establish goals and priorities for the Program, to the
extent practicable in consultation with green chemistry
researchers and potential end-users of green chemistry products
and processes; and
(2) provide for interagency coordination, including budget
coordination, of activities under the Program.
(d) Agency Budget Requests.--Each Federal agency and department
participating in the Program shall, as part of its annual request for
appropriations to the Office of Management and Budget, submit a report
to the Office of Management and Budget which identifies its activities
that contribute directly to the Program and states the portion of its
request for appropriations that is allocated to those activities. The
President shall include in his annual budget request to Congress a
statement of the portion of each agency's or department's annual budget
request allocated to its activities undertaken pursuant to the Program.
(e) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Interagency Working Group shall transmit a
report to the Committee on Science of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
This report shall include--
(1) a summary of federally funded green chemistry research,
development, demonstration, education, and technology transfer
activities, including the green chemistry budget for each of
these activities; and
(2) an analysis of the progress made toward achieving the
goals and priorities for the Program, and recommendations for
future program activities.
SEC. 4. MANUFACTURING EXTENSION CENTER GREEN SUPPLIERS NETWORK GRANT
PROGRAM.
Section 25(a) of the National Institute of Standards and Technology
Act (15 U.S.C. 278k(a)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the enabling of supply chain manufacturers to
continuously improve products and processes, increase energy
efficiency, identify cost-saving opportunities, and optimize
resources and technologies with the aim of reducing or
eliminating the use or generation of hazardous substances.''.
SEC. 5. UNDERGRADUATE EDUCATION IN CHEMISTRY AND CHEMICAL ENGINEERING.
(a) Program Authorized.--(1) As part of the Program activities
under section 3(b)(4), the Director of the National Science Foundation
shall carry out a program to award grants to institutions of higher
education to support efforts by such institutions to revise their
undergraduate curriculum in chemistry and chemical engineering to
incorporate green chemistry concepts and strategies.
(2) Grants shall be awarded under this section on a competitive,
merit-reviewed basis and shall require cost sharing in cash from non-
Federal sources, to match the Federal funding.
(b) Selection Process.--(1) An institution of higher education
seeking funding under this section shall submit an application to the
Director at such time, in such manner, and containing such information
as the Director may require. The application shall include at a
minimum--
(A) a description of the content and schedule for adoption
of the proposed curricular revisions to the courses of study
offered by the applicant in chemistry and chemical engineering;
and
(B) a description of the source and amount of cost sharing
to be provided.
(2) In evaluating the applications submitted under paragraph (1),
the Director shall consider, at a minimum--
(A) the level of commitment demonstrated by the applicant
in carrying out and sustaining lasting curriculum changes in
accordance with subsection (a)(1); and
(B) the amount of cost sharing to be provided.
(c) Authorization of Appropriations.--In addition to amounts
authorized under section 8, from sums otherwise authorized to be
appropriated by the National Science Foundation Authorization Act of
2002, there are authorized to be appropriated to the National Science
Foundation for carrying out this section $7,000,000 for fiscal year
2006, $7,500,000 for fiscal year 2007, and $8,000,000 for fiscal year
2008.
SEC. 6. STUDY ON COMMERCIALIZATION OF GREEN CHEMISTRY.
(a) Study.--The Director of the National Science Foundation shall
enter into an arrangement with the National Research Council to conduct
a study of the factors that constitute barriers to the successful
commercial application of promising results from green chemistry
research and development.
(b) Contents.--The study shall--
(1) examine successful and unsuccessful attempts at
commercialization of green chemistry in the United States and
abroad; and
(2) recommend research areas and priorities and public
policy options that would help to overcome identified barriers
to commercialization.
(c) Report.--The Director shall submit a report to the Committee on
Science of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the findings and
recommendations of the study within 18 months after the date of
enactment of this Act.
SEC. 7. PARTNERSHIPS IN GREEN CHEMISTRY.
(a) Program Authorized.--(1) The agencies participating in the
Program shall carry out a joint, coordinated program to award grants to
institutions of higher education to establish partnerships with
companies in the chemical industry to retrain chemists and chemical
engineers in the use of green chemistry concepts and strategies.
(2) Grants shall be awarded under this section on a competitive,
merit-reviewed basis and shall require cost sharing from non-Federal
sources by members of the partnerships.
(3) In order to be eligible to receive a grant under this section,
an institution of higher education shall enter into a partnership with
two or more companies in the chemical industry. Such partnerships may
also include other institutions of higher education and professional
associations.
(4) Grants awarded under this section shall be used for activities
to provide retraining for chemists or chemical engineers in green
chemistry, including--
(A) the development of curricular materials and the
designing of undergraduate and graduate level courses; and
(B) publicizing the availability of professional
development courses of study in green chemistry and recruiting
graduate scientists and engineers to pursue such courses.
Grants may provide stipends for individuals enrolled in courses
developed by the partnership.
(b) Selection Process.--(1) An institution of higher education
seeking funding under this section shall submit an application at such
time, in such manner, and containing such information as shall be
specified by the Interagency Working Group and published in a proposal
solicitation for the Program. The application shall include at a
minimum--
(A) a description of the partnership and the role each
member will play in implementing the proposal;
(B) a description of the courses of study that will be
provided;
(C) a description of the number and size of stipends, if
offered;
(D) a description of the source and amount of cost sharing
to be provided; and
(E) a description of the manner in which the partnership
will be continued after assistance under this section ends.
(2) The evaluation of the applications submitted under paragraph
(1) shall be carried out in accordance with procedures developed by the
Interagency Working Group and shall consider, at a minimum--
(A) the ability of the partnership to carry out effectively
the proposed activities;
(B) the degree to which such activities are likely to
prepare chemists and chemical engineers sufficiently to be
competent to apply green chemistry concepts and strategies in
their work; and
(C) the amount of cost sharing to be provided.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) National Science Foundation.--(1) From sums otherwise
authorized to be appropriated by the National Science Foundation
Authorization Act of 2002, there are authorized to be appropriated to
the National Science Foundation for carrying out this Act--
(A) $7,000,000 for fiscal year 2006;
(B) $7,500,000 for fiscal year 2007; and
(C) $8,000,000 for fiscal year 2008.
(2) The sums authorized by paragraph (1) are in addition to any
funds the National Science Foundation is spending on green chemistry
through its ongoing chemistry and chemical engineering programs.
(b) National Institute of Standards and Technology.--From sums
otherwise authorized to be appropriated, there are authorized to be
appropriated to the National Institute of Standards and Technology for
carrying out this Act--
(1) $5,000,000 for fiscal year 2006;
(2) $5,500,000 for fiscal year 2007; and
(3) $6,000,000 for fiscal year 2008.
(c) Department of Energy.--From sums otherwise authorized to be
appropriated, there are authorized to be appropriated to the Department
of Energy for carrying out this Act--
(1) $7,000,000 for fiscal year 2006;
(2) $7,500,000 for fiscal year 2007; and
(3) $8,000,000 for fiscal year 2008.
(d) Environmental Protection Agency.--From sums otherwise
authorized to be appropriated, there are authorized to be appropriated
to the Environmental Protection Agency for carrying out this Act--
(1) $7,000,000 for fiscal year 2006;
(2) $7,500,000 for fiscal year 2007; and
(3) $8,000,000 for fiscal year 2008. | Green Chemistry Research and Development Act of 2005 - Directs the President to establish a Green Chemistry Research and Development Program to promote and coordinate Federal research, development, demonstration, education, and technology transfer activities related to green chemistry.
Requires the President to establish an Interagency Working Group to oversee the planning, management, and coordination of the Program.
Amends the National Institute of Standards and Technology Act to provide for the Regional Centers for the Transfer of Manufacturing Technology to enhance productivity and technological performance in U.S. manufacturing through the enabling of supply chain manufacturers to continuously make improvements with the aim of reducing or eliminating the use or generation of hazardous substances.
Requires the Director of the National Science Foundation to carry out a program to award grants to institutions of higher education to support their efforts to revise their undergraduate curriculum in chemistry and chemical engineering to incorporate green chemistry concepts and strategies.
Requires such Director to enter into an arrangement with the National Research Council to conduct a study of, and report on, the factors that constitute barriers to the successful commercial application of promising results from green chemistry research and development.
Directs the agencies participating in the Program to carry out a joint, coordinated program to award grants to institutions of higher education to establish partnerships with companies in the chemical industry to retrain chemists and chemical engineers in the use of green chemistry concepts and strategies. | {"src": "billsum_train", "title": "A bill to provide for the implementation of a Green Chemistry Research and Development Program, and for other purposes."} | 2,682 | 294 | 0.660957 | 1.854017 | 0.905732 | 5.965385 | 9.965385 | 0.926923 |
SECTION 1. EXPENSING OF QUALIFIED DISASTER EXPENSES.
(a) In General.--Paragraph (2) of section 198A(b) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``before January 1, 2010'' in subparagraph
(A) and inserting ``before January 1, 2010, or during September
2013'', and
(2) by striking ``before such date'' each place it appears
in subparagraphs (B) and (C) and inserting ``before January 1,
2010, or during September 2013''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after August 31, 2013.
SEC. 2. INCREASED LIMITATION ON CHARITABLE CONTRIBUTIONS FOR DISASTER
RELIEF.
(a) Individuals.--Paragraph (1) of section 170(b) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraphs (F) and
(G) as subparagraphs (G) and (H), respectively, and by inserting after
subparagraph (E) the following new subparagraph:
``(F) Qualified disaster contributions.--
``(i) In general.--Any qualified disaster
contribution shall be allowed to the extent
that the aggregate of such contributions does
not exceed the excess of 80 percent of the
taxpayer's contribution base over the amount of
all other charitable contributions allowable
under this paragraph.
``(ii) Carryover.--If the aggregate amount
of contributions described in clause (i)
exceeds the limitation under clause (i), such
excess shall be treated (in a manner consistent
with the rules of subsection (d)(1)) as a
charitable contribution to which clause (i)
applies in each of the 5 succeeding years in
order of time.
``(iii) Coordination with other
subparagraphs.--For purposes of applying this
subsection and subsection (d)(1), contributions
described in clause (i) shall not be treated as
described in subparagraph (A) and such
subparagraph shall be applied without regard to
such contributions.
``(iv) Qualified disaster contributions.--
For purposes of this subparagraph, the term
`qualified disaster contribution' means any
charitable contribution if--
``(I) such contribution is for
relief efforts related to a federally
declared disaster (as defined in
section 165(h)(3)(C)(i)) which occurs
after August 31, 2013,
``(II) such contribution is made
during the period beginning on the
applicable disaster date with respect
to the disaster described in subclause
(I) and ending on December 31, 2014,
and
``(III) such contribution is made
in cash to an organization described in
subparagraph (A) (other than an
organization described in section
509(a)(3)).
Such term shall not include a contribution if
the contribution is for establishment of a new,
or maintenance in an existing, donor advised
fund (as defined in section 4966(d)(2)).
``(v) Applicable disaster date.--For
purposes of clause (iv)(II), the term
`applicable disaster date' means, with respect
to any federally declared disaster described in
clause (iv)(I), the date on which the disaster
giving rise to the Presidential declaration
described in section 165(h)(3)(C)(i) occurred.
``(vi) Substantiation requirement.--This
paragraph shall not apply to any qualified
disaster contribution unless the taxpayer
obtains from such organization to which the
contribution was made a contemporaneous written
acknowledgment (within the meaning of
subsection (f)(8)) that such contribution was
used (or is to be used) for a purpose described
in clause (iv)(III).''.
(b) Corporations.--
(1) In general.--Paragraph (2) of section 170(b) of the
Internal Revenue Code of 1986 is amended by redesignating
subparagraph (C) as subparagraph (D) and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Qualified disaster contributions.--
``(i) In general.--Any qualified disaster
contribution shall be allowed to the extent
that the aggregate of such contributions does
not exceed the excess of 20 percent of the
taxpayer's taxable income over the amount of
charitable contributions allowed under
subparagraph (A).
``(ii) Carryover.--If the aggregate amount
of contributions described in clause (i)
exceeds the limitation under clause (i), such
excess shall be treated (in a manner consistent
with the rules of subsection (d)(1)) as a
charitable contribution to which clause (i)
applies in each of the 5 succeeding years in
order of time.
``(iii) Qualified disaster contribution.--
The term `qualified disaster contribution' has
the meaning given such term under paragraph
(2)(F)(iv).
``(iv) Substantiation requirement.--This
paragraph shall not apply to any qualified
disaster contribution unless the taxpayer
obtains from such organization to which the
contribution was made a contemporaneous written
acknowledgment (within the meaning of
subsection (f)(8)) that such contribution was
used (or is to be used) for a purpose described
in paragraph (1)(F)(iv)(III).''.
(2) Conforming amendments.--
(A) Subparagraph (A) of section 170(b)(2) of such
Code is amended by striking ``subparagraph (B)
applies'' and inserting ``subparagraphs (B) and (C)
apply''.
(B) Subparagraph (B) of section 170(b)(2) of such
Code is amended by striking ``subparagraph (A)'' and
inserting ``subparagraphs (A) and (C)''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions after August 31, 2013. | Amends the Internal Revenue Code, with respect to tax relief for federally-declared disasters, to: (1) allow the expensing of qualified disaster expenses (i.e., for removal of debris, demolition, and repair of business-related property) for a disaster occurring during September 2013; (2) allow individual taxpayers an increased tax deduction for charitable contributions made for relief efforts related to a federally-declared disaster which occurs after August 31, 2013, if such contributions are made by December 31, 2014; and (3) allow corporations an increased tax deduction for disaster-related charitable contributions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax relief for damages relating to federally declared disasters during September 2013, and for other purposes."} | 1,334 | 133 | 0.562811 | 1.386591 | 0.539104 | 2.008772 | 10.131579 | 0.745614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Medicare Part B Equity
Act of 2013''.
SEC. 2. APPLICATION OF PART B DEEMED ENROLLMENT PROCESS TO RESIDENTS OF
PUERTO RICO; SPECIAL ENROLLMENT PERIOD AND LIMIT ON LATE
ENROLLMENT PENALTIES.
(a) Application of Part B Deemed Enrollment Process to Residents of
Puerto Rico.--Section 1837(f)(3) of the Social Security Act (42 U.S.C.
1395p(f)(3)) is amended by striking ``, exclusive of Puerto Rico''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals whose initial enrollment period under section
1837(d) of the Social Security Act begins on or after the first day of
the effective month, specified by the Secretary of Health and Human
Services under section 1839(j)(1)(C) of such Act, as added by
subsection (c)(2).
(c) Transition Providing Special Enrollment Period and Limit on
Late Enrollment Penalties for Certain Medicare Beneficiaries.--Section
1839 of the Social Security Act (42 U.S.C. 1395r) is amended--
(1) in the first sentence of subsection (b), by inserting
``subject to section 1839(j)(2),'' after ``subsection (i)(4) or
(l) of section 1837,''; and
(2) by adding at the end the following new subsection:
``(j) Special Rules for Certain Residents of Puerto Rico.--
``(1) Special enrollment period, coverage period for
residents who are eligible but not enrolled.--
``(A) In general.--In the case of a transition
individual (as defined in paragraph (3)) who is not
enrolled under this part as of the day before the first
day of the effective month (as defined in subparagraph
(C)), the Secretary shall provide for a special
enrollment period under section 1837 of 7 months
beginning with such effective month during which the
individual may be enrolled under this part.
``(B) Coverage period.--In the case of such an
individual who enrolls during such special enrollment
period, the coverage period under section 1838 shall
begin on the first day of the second month after the
month in which the individual enrolls.
``(C) Effective month defined.--In this section,
the term `effective month' means a month, not earlier
than October 2014 and not later than January 2015,
specified by the Secretary.
``(2) Reduction in late enrollment penalties for current
enrollees and individuals enrolling during transition.--
``(A) In general.--In the case of a transition
individual who is enrolled under this part as of the
day before the first day of the effective month or who
enrolls under this part on or after the date of the
enactment of this subsection but before the end of the
special enrollment period under paragraph (1)(A), the
amount of the late enrollment penalty imposed under
section 1839(b) shall be recalculated by reducing the
penalty to 15 percent of the penalty otherwise
established.
``(B) Application.--Subparagraph (A) shall be
applied in the case of a transition individual who--
``(i) is enrolled under this part as of the
month before the effective month, for premiums
for months beginning with such effective month;
or
``(ii) enrolls under this part on or after
the date of the enactment of this Act and
before the end of the special enrollment period
under paragraph (1)(A), for premiums for months
during the coverage period under this part
which occur during or after the effective
month.
``(C) Loss of reduction if individual terminates
enrollment.--Subparagraph (A) shall not apply to a
transition individual if the individual terminates
enrollment under this part after the end of the special
enrollment period under paragraph (1).
``(3) Transition individual defined.--In this section, the
term `transition individual' means an individual who resides in
Puerto Rico and who would have been deemed enrolled under this
part pursuant to section 1837(f) before the first day of the
effective month but for the fact that the individual was a
resident of Puerto Rico, regardless of whether the individual
is enrolled under this part as of such first day.''. | Puerto Rico Medicare Part B Equity Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to repeal the exclusion of residents of Puerto Rico from deemed enrollment under part B (Supplementary Medical Insurance Benefits) and thus apply it to them. Directs the Secretary of Health and Human Services (HHS) to provide for a special seven-month enrollment period for such residents. Requires recalculation of the late enrollment penalty to 15% of the usual penalty for residents of Puerto Rico who are current enrollees or who enroll during a specified transition period. | {"src": "billsum_train", "title": "Puerto Rico Medicare Part B Equity Act of 2013"} | 992 | 133 | 0.57224 | 1.444555 | 0.649766 | 2.245283 | 8.113208 | 0.792453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Asset Inventory Reform
Act of 2005''.
SEC. 2. CADASTRE OF FEDERAL LAND.
(a) In General.--The Secretary shall develop a multipurpose
cadastre of Federal real property to assist with Federal land
management, resource conservation, and development of real property,
including identification of any Federal land which is no longer
required to be owned by the Federal Government.
(b) Cost Sharing.--The Secretary may enter into cost sharing
agreements with States to include any non-Federal lands in a State in
the cadastre. The Federal share of any such cost agreement shall not
exceed 50 percent of the total cost to a State for the development of
the cadastre of non-Federal lands in the State.
(c) Consolidation and Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a report
to the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate on--
(1) the existing real property inventories or any
components of any cadastre currently authorized by law or
conducted by the Department of the Interior, the statutory
authorization for such, and the amount expended by the Federal
Government for each such activity in fiscal year 2004;
(2) the existing real property inventories or any
components of any cadastre currently authorized by law or
conducted by the Department of the Interior that will be
eliminated or consolidated into the multipurpose cadastre
authorized by this Act;
(3) the existing real property inventories or any
components of a cadastre currently authorized by law or
conducted by the Department of the Interior that will not be
eliminated or consolidated into the multipurpose cadastre
authorized by this Act, together with a justification for not
terminating or consolidating such in the multipurpose cadastre
authorized by this Act;
(4) the cost savings that will be achieved by eliminating
or consolidating duplicative or unneeded real property
inventories or any components of a cadastre currently
authorized by law or conducted by the Department of the
Interior that will become part of the multipurpose cadastre
authorized by this Act; and
(5) recommendations for any legislation necessary to
increase the cost savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating real
property inventories or any components of a cadastre currently
authorized by law or conducted by the Department of the
Interior.
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary shall--
(A) participate, pursuant to section 216 of Public
Law 107-347, in the establishment of such standards and
common protocols as are necessary to assure the
interoperability of geospatial information pertaining
to the cadastre for all users of such information;
(B) coordinate with, seek assistance and
cooperation of, and provide liaison to the Federal
Geographic Data Committee pursuant to Office of
Management and Budget Circular A-16 and Executive Order
12906;
(C) make the cadastre interoperable with the
Federal Real Property Profile established pursuant to
Executive Order 13327; and
(D) use contracts with the private sector, to the
maximum extent practicable, to provide such products
and services as are necessary to develop the cadastre.
(2) Contracts considered surveying and mapping.--Contracts
entered into under paragraph (1)(C) shall be considered
``surveying and mapping'' services as such term is used and as
such contracts are awarded in accordance with the selection
procedures in title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.).
SEC. 3. DEFINITIONS.
As used in this section, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Cadastre.--The term ``cadastre'' means an inventory of
real property of the Federal Government developed through
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or man-made physical features,
phenomena, or boundaries of the earth and any information
related thereto, including surveys, maps, charts, satellite and
airborne remote sensing data, images, and services, with
services performed by professionals such as surveyors,
photogrammetrists, hydrographers, geodesists, cartographers,
and other such services of an architectural or engineering
nature including the following data layers:
(A) A reference frame consisting of a geodetic
network.
(B) A series of current, accurate large scale maps.
(C) A cadastral boundary overlay delineating all
cadastral parcels.
(D) A system for indexing and identifying each
cadastral parcel.
(E) A series of land data files, each including the
parcel identifier, which can be used to retrieve
information and cross reference between and among other
data files, which contains information about the use,
value, infrastructure, resources, and characteristics
of each parcel.
(3) Real property.--The term ``real property'' means real
estate consisting of land, buildings, crops, forests, or other
resources still attached to or within the land or improvements
or fixtures permanently attached to the land or a structure on
it, including any interest, benefit, right, or privilege in
such property. | Federal Land Asset Inventory Reform Act of 2005 - Directs the Secretary of the Interior to develop a multipurpose cadastre of Federal real property (an inventory of real property of the Federal Government developed through the collection of geographical and digital data depicting natural or man-made physical features, phenomena, and boundaries of the earth and any related information) to assist with Federal land management, resource conservation, and development of real property, including any Federal land which is no longer required to be owned by the Government. Authorizes the Secretary to enter into cost-sharing agreements with States to include any non-Federal lands in a State in such cadastre. Limits the Federal share of any such agreement to 50 percent of the total cost to a State for the development of the cadastre of the non-Federal lands in the State.
Requires the Secretary to submit a report on: (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior; (2) the inventories and components that will be or will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the cost savings that will be achieved; and (4) recommendations for any legislation necessary to increase cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior. | {"src": "billsum_train", "title": "To require the Secretary of the Interior to develop a multipurpose cadastre of Federal real property to assist with Federal land management, resource conservation, and development of Federal real property, including identification of any such property that is no longer required to be owned by the Federal Government, and for other purposes."} | 1,196 | 318 | 0.863522 | 2.748392 | 0.880397 | 6.561151 | 3.848921 | 0.978417 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Warming Economic Oversight
Act of 2009''.
SEC. 2. GLOBAL WARMING ECONOMIC OVERSIGHT COMMISSION.
(a) Establishment.--There is hereby established the Global Warming
Economic Oversight Commission (hereafter in this section referred to as
the ``Commission'').
(b) Duties.--
(1) Ongoing review.--
(A) In general.--The Commission shall conduct
ongoing oversight of, and submit reports to the
appropriate committees of the Congress on, the use by
the Federal Government of funds from any auction or
sale of greenhouse gas emissions allowances.
(B) Definition.--In subparagraph (A), the term
``appropriate committees of the Congress'' means--
(i) the Committees on Commerce, Science,
and Transportation, Energy and Natural
Resources, Environment and Public Works,
Health, Education, Labor, and Pensions, and
Small Business and Entrepreneurship of the
Senate; and
(ii) the Committees on Education and Labor,
Energy and Commerce, Oversight and Government
Reform, and Small Business of the House of
Representatives.
(2) Reporting.--The Commission shall submit a report under
paragraph (1)--
(A) not later than 3 months after the first auction
or sale of greenhouse gas emissions allowances by any
agency or instrumentality of the United States; and
(B) not less than every 6 months thereafter.
(3) Focus.--In conducting oversight and submitting reports
under this section, the Commission shall focus on the
following:
(A) New jobs.--The use of funds described in
paragraph (1) to create new jobs in industries that
produce renewable energy.
(B) Preservation of existing jobs.--The use of such
funds to preserve jobs in existing, previously carbon-
intensive industries.
(C) Assisting with effects on low and middle income
families.--The use of such funds to assist working
families with any increases in the costs of energy,
transportation, housing, health care, food, and other
necessities that result from Federal statutes designed
to limit greenhouse gas emissions.
(D) Small businesses.--The use of such funds to
assist small businesses with any increases in energy
costs that result from Federal statutes designed to
limit greenhouse gas emissions, including costs
relating to transportation, facilities, and equipment.
(c) Membership.--
(1) In general.--The Commission shall consist of 9 members,
as follows:
(A) 1 member appointed by the Speaker of the House
of Representatives, in consultation with the majority
leadership of the relevant House committees.
(B) 1 member appointed by the minority leader of
the House of Representatives, in consultation with the
minority leadership of the relevant House committees.
(C) 1 member appointed by the majority leader of
the Senate, in consultation with the majority
leadership of the relevant Senate committees.
(D) 1 member appointed by the minority leader of
the Senate, in consultation with the leadership of the
relevant Senate committees.
(E) 1 member, who shall serve as the Chair of the
Commission, jointly appointed by the Speaker of the
House of Representatives and the majority leader of the
Senate, after consultation with the minority leader of
the Senate and the minority leader of the House of
Representatives.
(F) The Secretary of Energy (or the Secretary's
designee).
(G) The Chairperson of the Federal Trade Commission
(or the Chairperson's designee).
(H) The Administrator of the Small Business
Administration (or the Administrator's designee).
(I) The Secretary of Labor (or the Secretary's
designee).
All appointed members of the Commission shall be appointed
within 30 days of the first posting in the Federal Register of
an auction or sale of greenhouse gas emissions allowances by
any agency or instrumentality of the United States.
(2) Pay.--Except as provided in paragraph (3), each member
of the Commission shall each be paid at a rate equal to the
daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule for each day (including travel time)
during which such member is engaged in the actual performance
of duties vested in the Commission.
(3) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(4) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(5) Quorum.--Four members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(6) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(7) Meetings.--The Commission shall meet at the call of its
Chair or a majority of its members.
(d) Staff.--
(1) In general.--The Commission may appoint and fix the pay
of any personnel as the Commission considers appropriate.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(3) Staff of agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or
agency to the Commission to assist it in carrying out its
duties under this Act.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate and may administer
oaths or affirmations to witnesses appearing before it.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) 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 section.
Upon request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(f) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission within 30 days of the first auction or
sale of greenhouse gas emissions allowances by any agency or
instrumentality of the United States.
(g) Rules of Procedure.--The Commission may establish rules for the
conduct of the Commission's business, if such rules are not
inconsistent with this Act or other applicable law.
(h) Subpoenas.--
(1) In general.--Subject to paragraph (2), the Commission,
for the purpose of carrying out this Act, may require, by
subpoena or otherwise, the attendance and testimony of such
witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents, as the
Commission or the Chair of the Commission may determine
advisable.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the Chair of the Commission;
or
(II) by the affirmative vote of 5
members of the Commission.
(ii) Signature.--Subject to clause (i),
subpoenas issued under this subsection may be
issued under the signature of the Chair of the
Commission or any member designated by a
majority of the Commission and may be served by
any person designated by the Chair or by a
member designated by a majority of the
Commission.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subparagraph (A), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received as certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(i) Contracting.--The Commission may, to such extent and in such
amounts as are provided in advance in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties under this
Act.
(j) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
(k) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
(l) Termination.--The Commission shall terminate 6 months after the
last (as determined by the Commission) auction or sale of greenhouse
gas emissions allowances by any agency or instrumentality of the United
States.
(m) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission to carry out this Act such sums as may
be necessary. | Global Warming Economic Oversight Act of 2009 - Establishes the Global Warming Economic Oversight Commission to conduct ongoing oversight of, and report to the appropriate congressional committees on, the use by the federal government of funds from any auction or sale of greenhouse gas (GHG) emissions allowances.
Requires the Commission to focus on the use of funds to: (1) create new jobs in industries that produce renewable energy; (2) preserve jobs in existing, previously carbon-intensive industries; (3) assist working families with any increases in the costs of energy, transportation, housing, health care, food, and other necessities that result from federal laws designed to limit GHG emissions; and (4) assist small businesses with increases in energy costs that result from such laws, including costs relating to transportation, facilities, and equipment. | {"src": "billsum_train", "title": "To establish the Global Warming Economic Oversight Commission to study and report on the use by the Federal Government of funds from any auction or sale of greenhouse gas emissions allowances, and for other purposes."} | 2,166 | 169 | 0.723118 | 2.071606 | 0.849684 | 4.748428 | 12.54717 | 0.949686 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multi-Cultural Domestic Violence
Minority Education Campaigns Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Nearly one-third of women in the United States report
being physically or sexually abused by a husband or boyfriend
at some point in their lives.
(2) Family violence costs the Nation between $5,000,000,000
and $10,000,000,000 each year in medical expenses, police and
court costs, shelters and foster care, sick leave, absenteeism,
and non-productivity.
(3) The United States is becoming increasingly
multicultural, and minorities are expected to constitute
approximately 50 percent of the population of the United States
by 2050.
(4) Minority women face unique challenges to reporting and
getting help for domestic violence.
(5) Structural inequalities experienced by minorities,
including poverty and discrimination, may contribute to higher
rates of violence.
(6) Many immigrant women refuse to leave a violent
relationship because of fears related to their immigration
status.
(7) Many minority women face cultural barriers to reporting
abuse or seeking help for domestic violence, including but not
limited to strong religious beliefs that stress the importance
of keeping family intact, fear of dishonor, and a belief that
negative events occur regardless of attempts to prevent them.
(8) Many minority women also face institutional barriers to
reporting abuse or seeking help for domestic violence,
including but not limited to a lack of translators or bilingual
professionals, little reading material in the woman's native
language, treatment programs that do not take into account
ethnic and cultural differences, prohibitive fee structures,
and inflexible or inconvenient hours of operation.
SEC. 3. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS TO EDUCATE RACIAL AND
ETHNIC MINORITIES ABOUT DOMESTIC VIOLENCE.
(a) In General.--The Attorney General may make grants to States and
public or private nonprofit entities to carry out public information
campaigns for the purpose of educating racial and ethnic minorities
about domestic violence, including the effects of domestic violence,
methods of preventing or reducing domestic violence, and services
available to victims of domestic violence.
(b) Use of Grant Amounts.--Grant amounts under this section may be
used only to carry out public information campaigns for the purpose
specified in subsection (a).
(c) Elements of Campaigns.--Each public information campaign
carried out under this section shall consist of one or more of the
following elements:
(1) Public service announcements.
(2) Paid educational messages for print media.
(3) Public transit advertising.
(4) Electronic broadcast media.
(5) Any other mode of conveying information that the
Attorney General determines to be appropriate.
(d) Requirements for Grant.--The Attorney General may award a grant
under this section to an entity only if the Attorney General determines
that--
(1) the campaign will be carried out in consultation with
local domestic violence advocates or State domestic violence
coalitions;
(2) the campaign is designed to be conducted in a
culturally sensitive manner using one or more culturally
appropriate languages;
(3) the media organizations and other groups through which
the campaign will be carried out will continue to provide
public service announcements at current frequencies, without
considering the informational messages of the campaign as
public service announcements;
(4) the applicant has an adequate plan to test-market the
campaign with a relevant community or group in the relevant
geographic area, and will carry out that plan; and
(5) the applicant will use effectiveness criteria in
carrying out the campaign and an evaluation component to
measure the effectiveness of the campaign.
(e) Award Criteria.--In awarding grants under this section, the
Attorney General shall consider the following criteria:
(1) Whether the applicant has, or will be partnering with
an entity that has, a record of high quality campaigns of a
comparable type.
(2) Whether the applicant has, or will be partnering with
an entity that has, a record of high quality campaigns that
educate the communities and groups at greatest risk of domestic
violence.
(f) Application.--
(1) In general.--To be eligible to receive a grant under
this section, a State or entity must submit to the Attorney
General an application that meets the requirements of paragraph
(2).
(2) Requirements.--An application submitted under this
subsection shall be in such form, and submitted in such manner,
as the Attorney General may prescribe, and shall include the
following matters:
(A) A complete description of applicant's plan for
the proposed public information campaign.
(B) An identification of the specific communities
and groups to be educated by the campaign, and a
description of how the campaign will educate the
communities and groups at greatest risk of domestic
violence.
(C) The plans of the applicant with respect to
working with organizations that have expertise in
developing culturally appropriate informational
messages.
(D) A description of the geographic distribution of
the campaign.
(E) An identification of the media organizations
and other groups through which the campaign will be
carried out.
(F) A description of the nature, amount,
distribution, and timing of informational messages to
be used in the campaign.
(G) Such information and assurances as the Attorney
General may require to determine whether the
requirements specified in subsection (d) will be
satisfied, and whether the criteria specified in
subsection (e) apply.
(H) Such other information and assurances as the
Attorney General may require.
(g) Definition.--For purposes of this section, the term ``public or
private nonprofit entity'' includes an ``Indian tribe'' or ``tribal
organization'', as such terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act. | Multi-Cultural Domestic Violence Minority Education Campaigns Act - Authorizes the Attorney General to make grants to States and public or private nonprofit entities to carry out public information campaigns for the purpose of educating racial and ethnic minorities about domestic violence, including its effects, prevention or reduction methods, and victim services. | {"src": "billsum_train", "title": "To provide grants for public information campaigns to educate racial and ethnic minorities about domestic violence."} | 1,265 | 71 | 0.549161 | 1.411644 | 1.623974 | 5.473684 | 21.701754 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Return to Prudent Banking Act of
2009''.
SEC. 2. GLASS-STEAGALL REVIVED.
(a) Wall Between Commercial Banks and Securities Activities
Reestablished.--Section 18 of the Federal Deposit Insurance Act (12
U.S.C. 1828) is amended by adding at the end the following new
subsection:
``(y) Limitations on Security Affiliations.--
``(1) Prohibition on affiliation between insured depository
institutions and investment banks or securities firms.--An
insured depository institution may not be or become an
affiliate of any broker or dealer, any investment adviser, any
investment company, or any other person engaged principally in
the issue, flotation, underwriting, public sale, or
distribution at wholesale or retail or through syndicate
participation of stocks, bonds, debentures, notes, or other
securities.
``(2) Prohibition on officers, directors and employees of
securities firms service on boards of depository
institutions.--
``(A) In general.--An individual who is an officer,
director, partner or employee of any broker or dealer,
any investment adviser, any investment company, or any
other person engaged principally in the issue,
flotation, underwriting, public sale, or distribution
at wholesale or retail or through syndicate
participation of stocks, bonds, debentures, notes, or
other securities may not serve at the same time as an
officer, director, employee, or other institution-
affiliated party of any insured depository institution.
``(B) Exception.--Subparagraph (A) shall not apply
with respect to service by any individual which is
otherwise prohibited under such subparagraph if the
appropriate Federal banking agency determines, by
regulation with respect to a limited number of cases,
that service by such individual as an officer,
director, employee, or other institution-affiliated
party of any insured depository institution would not
unduly influence the investment policies of the
depository institution or the advice the institution
provides to customers.
``(C) Termination of service.--Subject to a
determination under subparagraph (B), any individual
described in subparagraph (A) who, as of the date of
the enactment of the Return to Prudent Banking Act of
2009, is serving as an officer, director, employee, or
other institution-affiliated party of any insured
depository institution shall terminate such service as
soon as practicable after such date of enactment and no
later than the end of the 60-day period beginning on
such date.
``(3) Termination of existing affiliation.--
``(A) Orderly wind-down of existing affiliation.--
Any affiliation of an insured depository institution
with any broker or dealer, any investment adviser, any
investment company, or any other person, as of the date
of the enactment of the Return to Prudent Banking Act
of 2009, which is prohibited under paragraph (1) shall
be terminated as soon as practicable and in any event
no later that the end of the 2-year period beginning on
such date of enactment.
``(B) Early termination.--The appropriate Federal
banking agency, after opportunity for hearing, may
terminate, at any time, the authority conferred by the
preceding subparagraph to continue any affiliation
subject to such subparagraph until the end of the
period referred to in such subparagraph if the agency
determines, having due regard for the purposes of this
subsection and the Return to Prudent Banking Act of
2009, that such action is necessary to prevent undue
concentration of resources, decreased or unfair
competition, conflicts of interest, or unsound banking
practices and is in the public interest.
``(C) Extension.--Subject to a determination under
subparagraph (B), an appropriate Federal banking agency
may extend the 2-year period referred to in
subparagraph (A) above from time to time as to any
particular insured depository institution for not more
than 6 months at a time, if, in the judgment of the
agency, such an extension would not be detrimental to
the public interest, but no such extensions shall in
the aggregate exceed 1 year.
``(4) Definitions.--For purposes of this subsection, the
terms `broker' and `dealer' have the same meanings as in
section 3(a) of the Securities Exchange Act of 1934 and the
terms `investment adviser' and `investment company' have the
meaning given such terms under the Investment Advisers Act of
1940 and the Investment Company Act of 1940, respectively.''.
(b) Prohibition on Banking Activities by Securities Firms
Clarified.--Section 21 of the Banking Act of 1933 (12 U.S.C. 378) is
amended by adding at the end the following new subsection:
``(c) Business of Receiving Deposits.--For purposes of this
section, the term `business of receiving deposits' includes the
establishment and maintenance of any transaction account (as defined in
section 19(b)(1)(C) of the Federal Reserve Act).''.
(c) Continued Applicability of ICI vs. Camp.--
(1) In general.--The Congress ratifies the interpretation
of the paragraph designated the ``Seventh'' of section 5136 of
the Revised Statutes of the United States (12 U.S.C. 24; as
amended by section 16 of the Banking Act of 1933 and subsequent
amendments) and section 21 of the Banking Act of 1933 (12
U.S.C. 378) by the Supreme Court of the United States in the
case of Investment Company Institute v. Camp (401 U.S. 617 et
seq. (1971)) with regard to the permissible activities of banks
and securities firms, except to the extent expressly prescribed
otherwise by this section.
(2) Applicability of reasoning.--The reasoning of the
Supreme Court of the United States in the case referred to in
paragraph (1) with respect to sections 20 and 32 of the Banking
Act of 1933 (as in effect prior to the date of the enactment of
the Gramm-Leach-Bliley Act) shall continue to apply to
subsection (y) of section 18 of the Federal Deposit Insurance
Act (as added by subsection (a) of this section) except to the
extent the scope and application of such subsection as enacted
exceed the scope and application of such sections 20 and 32.
(3) Limitation on agency interpretation or judicial
construction.--No appropriate Federal banking agency, by
regulation, order, interpretation, or other action, and no
court within the United States may construe the paragraph
designated the ``Seventh'' of section 5136 of the Revised
Statutes of the United States (12 U.S.C. 24; as amended by
section 16 of the Banking Act of 1933 and subsequent
amendments), section 21 of the Banking Act of 1933, or section
18(y) of the Federal Deposit Insurance Act more narrowly than
the reasoning of the Supreme Court of the United States in the
case of Investment Company Institute v. Camp (401 U.S. 617 et
seq. (1971)) as to the construction and the purposes of such
provisions.
SEC. 3. REPEAL OF GRAMM-LEACH-BLILEY ACT PROVISIONS.
(a) Financial Holding Company.--
(1) In general.--Section 4 of the Bank Holding Company Act
of 1956 (12 U.S.C. 1843) is amended by striking subsections
(k), (l), (m), (n), and (o).
(2) Transition.--
(A) Orderly wind-down of existing affiliation.--In
the case of a bank holding company which, pursuant to
the amendments made by paragraph (1), is no longer
authorized to control or be affiliated with any entity
that was permissible for a financial holding company,
any affiliation by the bank holding company which is
not permitted for a bank holding company shall be
terminated as soon as practicable and in any event no
later than the end of the 2-year period beginning on
such date of enactment.
(B) Early termination.--The Board of Governors of
the Federal Reserve System, after opportunity for
hearing, may terminate, at any time, the authority
conferred by the preceding subparagraph to continue any
affiliation subject to such subparagraph until the end
of the period referred to in such subparagraph if the
Board determines, having due regard to the purposes of
this Act, that such action is necessary to prevent
undue concentration of resources, decreased or unfair
competition, conflicts of interest, or unsound banking
practices, and is in the public interest.
(C) Extension.--Subject to a determination under
subparagraph (B), the Board of Governors of the Federal
Reserve System may extend the 2-year period referred to
in subparagraph (A) above from time to time as to any
particular bank holding company for not more than 6
months at a time, if, in the judgment of the Board,
such an extension would not be detrimental to the
public interest, but no such extensions shall in the
aggregate exceed 1 year.
(3) Technical and conforming amendments.--
(A) Section 2 of the Bank Holding Company Act of
1956 (12 U.S.C. 1841) is amended by striking subsection
(p).
(B) Section 5(c) of the Bank Holding Company Act of
1956 (12 U.S.C. 1844(c)) is amended--
(i) by striking subparagraph (E) of
paragraph (2); and
(ii) by striking paragraphs (3), (4), and
(5).
(C) Section 5 of the Bank Holding Company Act of
1956 (12 U.S.C. 1844) is amended by striking subsection
(g).
(D) The Federal Deposit Insurance Act (12 U.S.C.
1811 et seq.) is amended by striking section 45.
(E) The Bank Holding Company Act of 1956 (12 U.S.C.
1841 et seq.) is amended by striking section 10A.
(F) Subtitle B of title I of the Gramm-Leach-Bliley
Act is amended by striking section 114 (12 U.S.C.
1828a) and section 115 (12 U.S.C. 1820a).
(b) Financial Subsidiaries Repealed.--
(1) In general.--Section 5136A of the Revised Statutes of
the United States (12 U.S.C. 24a) is amended to read as
follows:
``SEC. 5136A. [REPEALED].''.
(2) Transition.--
(A) Orderly wind-down of existing affiliation.--In
the case of a national bank which, pursuant to the
amendments made by paragraph (1), is no longer
authorized to control or be affiliated with financial
subsidiary as of the date of the enactment of this Act,
such affiliation shall be terminated as soon as
practicable and in any event no later that the end of
the 2-year period beginning on such date of enactment.
(B) Early termination.--The Comptroller of the
Currency, after opportunity for hearing, may terminate,
at any time, the authority conferred by the preceding
subparagraph to continue any affiliation subject to
such subparagraph until the end of the period referred
to in such subparagraph if the Comptroller determines,
having due regard for the purposes of this Act, that
such action is necessary to prevent undue concentration
of resources, decreased or unfair competition,
conflicts of interest, or unsound banking practices and
is in the public interest.
(C) Extension.--Subject to a determination under
subparagraph (B), the Comptroller of the Currency may
extend the 2-year period referred to in subparagraph
(A) above from time to time as to any particular
national bank for not more than 6 months at a time, if,
in the judgment of the Comptroller, such an extension
would not be detrimental to the public interest, but no
such extensions shall in the aggregate exceed 1 year.
(3) Technical and conforming amendment.--
(A) The 20th undesignated paragraph of section 9 of
the Federal Reserve Act (12 U.S.C. 335) is amended by
striking the last sentence.
(B) The Federal Deposit Insurance Act is amended by
striking section 46 (12 U.S.C. 1831w).
(4) Clerical amendment.--The table of sections for chapter
one of title LXII of the Revised Statutes of the United States
is amended by striking the item relating to section 5136A.
(c) Definition of Broker.--Section 3(a)(4)(B) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(4)(B)) is amended--
(1) by striking clauses (i), (iii), (v), (vii), (x), and
(xi); and
(2) by redesignating clauses (ii), (iv), (vi), (viii), and
(ix) as clauses (i), (ii), (iii), (iv), and (v), respectively.
(d) Definition of Dealer.--Section 3(a)(5)(C) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a)(5)(C)) is amended--
(1) by striking clauses (i) and (iii); and
(2) by redesignating clauses (ii) and (iv) as clauses (i)
and (ii), respectively.
(e) Definition of Identified Banking Product.--Subsection (a) of
section 206 of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note) is
amended--
(1) by inserting ``and'' after the semicolon at the end of
paragraph (4);
(2) in paragraph (5), by striking ``; or'' and inserting a
period; and
(3) by striking paragraph (6) and all that follows through
the end of such subsection.
(f) Definition of Activities Closely Related to Banking.--
(1) In general.--Section 4(c)(8) of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(c)(8)) is amended by
striking ``the day before the date of the enactment of the
Gramm-Leach-Bliley Act'' and inserting ``January 1, 1970,''.
(2) Provision allowing for exceptions after report to the
congress.--Subsection (j) of section 4 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1843(j)) is amended to read as
follows:
``(j) Approval for Certain Post-1970 Subsection (c)(8)
Activities.--
``(1) In general.--Notwithstanding the limitation of the
January 1, 1970, approval deadline in subsection (c)(8), the
Board may determine an activity to be so closely related to
banking as to be a proper incident thereto for purposes of such
subsection, subject to the requirements of this subsection and
such terms and conditions as the Board may require.
``(2) General standards.--In making any determination under
paragraph (1), the Board shall consider whether performance of
the activity by a bank holding company or a subsidiary of such
company can reasonably be expected to result in a violation of
section 18(y) of the Federal Deposit Insurance Act, section 21
of the Banking Act of 1933, or the spirit of section 2(c) of
the Return to Prudent Banking Act of 2009, and other possible
adverse effects, such as undue concentration of resources,
decreased or unfair competition, conflicts of interests, or
unsound banking practices.
``(3) Report and wait.--No determination of the Board under
paragraph (1) may take effect before the end of the 180-day
period beginning on the date by which notice of the
determination has been submitted to both Houses of the Congress
together with a detailed explanation of the activities to which
the determination relates and the basis for the determination,
unless before the end of such period, such activities have been
approved by an Act of Congress.''.
(g) Repeal of Provision Relating to Foreign Banks Filing as
Financial Holding Companies.--Section 8(c) of the International Banking
Act of 1978 (12 U.S.C. 3106(c)) is amended by striking paragraph (3).
SEC. 4. REPORTS TO THE CONGRESS.
(a) Reports Required.--Each time the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, or another
appropriate Federal banking agency makes a determination or an
extension under subparagraph (B) or (C) of paragraph (2) or (3) of
section 18(y) of the Federal Deposit Insurance Act (as added by section
2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2) of
section 3, as the case may be, the Board, Comptroller, or agency shall
promptly submit a report of such determination or extension to the
Congress.
(b) Contents.--Each report submitted to the Congress under
subsection (a) shall contain a detailed description of the basis for
the determination or extension. | Return to Prudent Banking Act of 2009 - Amends the Federal Deposit Insurance Act (FDIA) to prohibit an insured depository institution from being an affiliate of any broker or dealer, investment adviser, investment company, or any other person or entity engaged principally in the issue, flotation, underwriting, public sale, or distribution of stocks, bonds, debentures, notes, or other securities.
Prohibits officers, directors and employees of securities firms from simultaneous service on the boards of depository institutions, except in specified circumstances.
Requires any such individual serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution to terminate such service as soon as practicable after enactment of this Act. Requires an insured depository institution to wind-down in an orderly manner and terminate any affiliation prohibited by this Act.
Amends the Banking Act of 1933 to expand its prohibition against the transaction of banking activities by securities firms.
Declares that Congress ratifies the interpretation by the Supreme Court of specified statutory language in the case of Investment Company Institute v. Camp ( ICI vs. Camp) regarding permissible activities of banks and securities firms.
Declares that the reasoning of the Court in that case shall continue to apply to the limitations placed upon security affiliations under the FDIA as enacted by this Act. Prohibits a federal banking agency or federal court from issuing an interpretation regarding such security affiliations that is narrower than that of Court in ICI vs. Camp.
Makes technical and conforming changes to the Gramm-Leach-Bliley Act, the Revised Statutes of the United States, and specified federal law.
Requires the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate federal banking agency to report to Congress a detailed description of the basis for its decision each time it makes a determination or grants an extension concerning an affiliation between insured depository institutions and investment banks or securities firms. | {"src": "billsum_train", "title": "To repeal certain provisions of the Gramm-Leach-Bliley Act and revive the separation between commercial banking and the securities business, in the manner provided in the Banking Act of 1933, the so-called \"Glass-Steagall Act\", and for other purposes."} | 3,805 | 444 | 0.659203 | 2.197514 | 0.86136 | 4.081967 | 9.23224 | 0.89071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resident Physician Shortage
Reduction Act of 2007''.
SEC. 2. INCREASING THE MEDICARE CAPS ON GRADUATE MEDICAL EDUCATION
POSITIONS FOR STATES WITH A SHORTAGE OF RESIDENTS.
(a) Direct Graduate Medical Education.--Section 1886(h)(4)(F) of
the Social Security Act (42 U.S.C. 1395ww(h)(4)(F)) is amended--
(1) in clause (i), by inserting ``clause (iii) and'' after
``subject to''; and
(2) by adding at the end the following new clause:
``(iii) Increase in caps on graduate
medical education positions for states with a
shortage of residents.--
``(I) In general.--For cost
reporting periods beginning on or after
the date that is 16 months after the
date of enactment of the Resident
Physician Shortage Reduction Act of
2007, the Secretary shall increase the
otherwise applicable limit on the total
number of full-time equivalent
residents in the field of allopathic or
osteopathic medicine determined under
clause (i) with respect to a qualifying
hospital in an eligible State by an
amount determined appropriate by the
Secretary. Such increase shall be
phased-in over a period of 5 cost
reporting periods beginning with the
first cost reporting period in which
the increase is applied under the
previous sentence to the hospital. For
each eligible State the aggregate
number of such increases shall be--
``(aa) not less than 15;
and
``(bb) not greater than the
State resident cap increase.
``(II) Qualifying hospital.--In
this clause, the term `qualifying
hospital' means a hospital located in
an eligible State that the Secretary
determines should receive an increase
under this clause in the otherwise
applicable limit on the total number of
full-time equivalent residents in the
field of allopathic or osteopathic
medicine.
``(III) Eligible state.--In this
clause, the term `eligible State' means
a State for which the National median
medical resident ratio exceeds the
State medical resident ratio.
``(IV) State resident cap
increase.--In this clause, the term
`State resident cap increase' means,
with respect to a State, \1/4\ of the
product of--
``(aa) the difference
between the National median
medical resident ratio and the
State medical resident ratio;
and
``(bb) the State population
(as determined for purposes of
subclause (VI)).
``(V) National median medical
resident ratio.--In this clause, the
term `National median medical resident
ratio' means the median of all State
medical resident ratios.
``(VI) State medical resident
ratio.--In this clause, the term `State
medical resident ratio' means, with
respect to any State, the ratio of
full-time equivalent residents in the
State in approved medical residency
training programs as of the date of
enactment of the Resident Physician
Shortage Reduction Act of 2007 to the
population of the State as of such
date, as determined by the Secretary.
``(VII) State.--In this clause, the
term `State' means a State and the
District of Columbia.
``(VIII) Considerations in
determining resident cap increases.--In
determining whether a hospital is a
qualifying hospital, and how much of an
increase in the resident cap a
qualifying hospital shall receive under
subclause (I), the Secretary shall take
into consideration the demonstrated
likelihood of the hospital filling
resident positions that would be made
available as a result of such increase
within the first 3 cost reporting
periods beginning on or after the date
that is 16 months after the date of
enactment of the Resident Physician
Shortage Reduction Act of 2007. The
Secretary shall also take into
consideration whether the new resident
positions will be in primary care,
preventive medicine, or geriatrics
programs.''.
(b) Indirect Medical Education.--Section 1886(d)(5)(B) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at
the end the following new clause:
``(x) Clause (iii) of subsection (h)(4)(F) shall apply to
clause (v) in the same manner and for the same period as such
clause (iii) applies to clause (i) of such subsection.''. | Resident Physician Shortage Reduction Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to increase, over five cost reporting periods, the Medicare caps on the total number of full-time equivalent residents in the field of allopathic or osteopathic medicine (graduate medical education (GME) positions) for states with a shortage of residents.
Requires the aggregate number of such increases for a state to be at least 15, but no more than the state resident cap increase. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to increase the Medicare caps on graduate medical education positions for States with a shortage of residents."} | 1,017 | 121 | 0.673785 | 1.69957 | 0.606321 | 3 | 8.843137 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Equity for Health Plan
Beneficiaries Act of 2007''.
SEC. 2. APPLICATION OF ACCIDENT AND HEALTH PLANS TO ELIGIBLE
BENEFICIARIES.
(a) Exclusion of Contributions.--Section 106 of the Internal
Revenue Code of 1986 (relating to contributions by employer to accident
and health plans) is amended by adding at the end the following new
subsection:
``(f) Coverage Provided for Eligible Beneficiaries of Employees.--
``(1) In general.--Subsection (a) shall apply with respect
to an eligible beneficiary and any qualifying child who is a
dependent of the eligible beneficiary.
``(2) Qualifying child; dependent.--For purposes of this
subsection--
``(A) Qualifying child.--The term `qualifying
child' has the meaning given such term by section
152(c).
``(B) Dependent.--The term `dependent' has the
meaning given such term by section 105(b).''.
(b) Exclusion of Amounts Expended for Medical Care.--The first
sentence of section 105(b) of such Code (relating to amounts expended
for medical care) is amended by inserting before the period the
following: ``and eligible beneficiary and the qualifying children of
the eligible beneficiary (within the meaning of section 106(f)) with
respect to the taxpayer''.
(c) Payroll Taxes.--
(1) Section 3121(a)(2) of such Code is amended--
(A) by inserting ``, or his eligible beneficiary or
any qualifying children of the eligible beneficiary,''
after ``his dependents'' both places it appears,
(B) by inserting ``, and eligible beneficiaries and
qualifying children of eligible beneficiaries (within
the meaning of section 106(f)),'' after ``their
dependents'' the first place it appears, and
(C) by inserting ``, eligible beneficiaries, and
qualifying children of eligible beneficiaries'' after
``their dependents'' the second place it appears.
(2) Section 3231(e)(1) of such Code is amended--
(A) by inserting ``, or his eligible beneficiary or
any qualifying children of his eligible beneficiary,''
after ``his dependents'',
(B) by inserting ``, and eligible beneficiaries and
qualifying children of eligible beneficiaries (within
the meaning of section 106(f)),'' after ``their
dependents'' the first place it appears, and
(C) by inserting ``, eligible beneficiaries, and
qualifying children of eligible beneficiaries'' after
``their dependents'' the second place it appears.
(3) Section 3306(b)(2) of such Code is amended--
(A) by inserting ``, or his eligible beneficiary or
any qualifying children of his eligible beneficiary,''
after ``his dependents'' both places it appears,
(B) by inserting ``, and eligible beneficiaries and
qualifying children of eligible beneficiaries (within
the meaning of section 106(f)),'' after ``their
dependents'' the first place it appears, and
(C) by inserting ``, eligible beneficiaries, and
qualifying children of eligible beneficiaries'' after
``their dependents'' the second place it appears.
(4) Section 3401(a) of such Code is amended by striking
``or'' at the end of paragraph (21), by striking the period at
the end of paragraph (22) and inserting ``; or'', and by
inserting after paragraph (22) the following new paragraph:
``(23) for any payment made to or for the benefit of an
employee or his eligible beneficiary or any qualifying children
of his eligible beneficiary (within the meaning of section
106(f)) if at the time of such payment it is reasonable to
believe that the employee will be able to exclude such payment
from income under section 106(f) or under section 105 by
reference in section 105(b) to section 106(f);''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 3. EXPANSION OF DEPENDENCY FOR PURPOSES OF DEDUCTION FOR HEALTH
INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Subsection (l) of section 162 of the Internal
Revenue Code of 1986 (relating to special rules for health insurance
costs of self-employed individuals) is amended by adding at the end the
following new paragraph:
``(6) Dependents.--For purposes of this subsection, the
term `dependents' shall include the following with respect to
the taxpayer--
``(A) any individual who satisfies the requirements
of sections 152(c)(3)(A) and 152(d)(2)(H) (determined
without regard to subsections (d)(1)(B) and (d)(1)(D)
thereof), and
``(B) one individual who does not satisfy the
requirements of section 152(c)(3)(A), but who satisfies
the requirements of section 152(d)(2)(H) (determined
without regard to subsections (d)(1)(B) and (d)(1)(C)
thereof).''.
(b) Conforming Amendment.--Subparagraph (B) of section 162(l)(2) of
such Code is amended by inserting ``or dependent (as defined in
paragraph (1))'' after ``spouse''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 4. EXTENSION TO ELIGIBLE BENEFICIARIES OF SICK AND ACCIDENT
BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES'
BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS.
(a) In General.--Section 501(c)(9) of the Internal Revenue Code of
1986 (relating to list of exempt organizations) is amended by adding at
the end the following new sentence: ``For purposes of providing for the
payment of sick and accident benefits to members of such an association
and their dependents, the term `dependents' shall include any
individual who is an eligible beneficiary, or qualified child of an
eligible beneficiary, as determined under the terms of a medical
benefit, health insurance, or other program under which members and
their dependents are entitled to sick and accident benefits.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2006.
SEC. 5. FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH REIMBURSEMENT
ARRANGEMENTS.
The Secretary of Treasury shall issue guidance of general
applicability providing that medical expenses that otherwise qualify--
(1) for reimbursement from a flexible spending arrangement
under regulations in effect on the date of the enactment of
this Act may be reimbursed from an employee's flexible spending
arrangement, notwithstanding the fact that such expenses are
attributable to an individual who is the employee's eligible
beneficiary under any accident or health plan of the employer,
and
(2) for reimbursement from a health reimbursement
arrangement under regulations in effect on the date of the
enactment of this Act may be reimbursed from an employee's
health reimbursement arrangement, notwithstanding the fact that
such expenses are attributable to an individual who is not a
spouse or dependent within the meaning of section 152 but who
is designated by the employee as eligible to have his or her
expenses reimbursed under the health reimbursement arrangement. | Tax Equity for Health Plan Beneficiaries Act of 2007 - Amends the Internal Revenue Code to: (1) extend the exclusion from gross income for employer-provided health care coverage to certain eligible beneficiaries and their dependent children; (2) revise the definition of "dependent" for purposes of the tax deduction for the health insurance costs of self-employed individuals; and (3) extend voluntary employees' beneficiary association sick and accident benefits to eligible beneficiaries and their dependents. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage for employees' spouses and dependent children to coverage provided to other eligible designated beneficiaries of employees."} | 1,730 | 94 | 0.583329 | 1.375987 | 0.714634 | 2.655556 | 16.122222 | 0.9 |
.--For purposes of this section, the
term ``qualified joint resolution'' means only a joint resolution
described in section 3(2)(B) of this Act.
(b) Introduction.--A proposed qualified joint resolution
transmitted by the Administrator of the Federal Emergency Management
Agency under section 3(a) shall be introduced in the Senate (by
request) on the next day on which the Senate is in session by the
majority leader of the Senate or by a Member of the Senate designated
by the majority leader of the Senate and shall be introduced in the
House of Representatives (by request) on the next legislative day by
the majority leader of the House or by a Member of the House designated
by the majority leader of the House.
(c) No Referral.--A qualified joint resolution shall not be
referred to a committee in either House of Congress and shall
immediately be placed on the calendar.
(d) Motion To Proceed.--A motion to proceed to a joint resolution
is highly privileged in the House of Representatives and is privileged
in the Senate and is not debatable. The motion is not subject to a
motion to postpone, and all points of order against the motion are
waived. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order. If a motion to proceed to the
consideration of a qualified joint resolution is agreed to, the
qualified joint resolution shall remain the unfinished business of the
respective House until disposed of.
(e) Expedited Consideration in the House of Representatives.--In
the House of Representatives, a qualified joint resolution shall be
considered as read. All points of order against the qualified joint
resolution and against its consideration are waived. The previous
question shall be considered as ordered on the qualified joint
resolution to its passage without intervening motion except 2 hours of
debate shall be divided equally between the majority and minority
leaders or their designees. A motion to reconsider the vote on passage
of the qualified joint resolution shall not be in order. A vote on
final passage of the qualified joint resolution shall be taken in the
House of Representatives on or before the close of the 10th legislative
day after the date of the introduction of the qualified joint
resolution in the House of Representatives.
(f) Expedited Procedure in the Senate.--
(1) Consideration.--In the Senate, consideration of a
qualified joint resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more
than 10 hours, which shall be divided equally between the
majority and minority leaders or their designees. A motion to
further limit debate is in order and not debatable. An
amendment to, a motion to postpone, a motion to proceed to the
consideration of other business, or a motion to commit the
qualified joint resolution is not in order.
(2) Passage.--If the Senate has proceeded to a qualified
joint resolution, the vote on passage of the qualified joint
resolution shall occur immediately following the conclusion of
consideration of the qualified joint resolution, and a single
quorum call at the conclusion of the debate if requested in
accordance with the rules of the Senate. A vote on the final
passage of the qualified joint resolution shall be taken in the
Senate on or before the close of the 10th legislative day after
the date of the introduction of the qualified joint resolution
in the Senate.
(3) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate, as the case may be, to the procedure relating to
a qualified joint resolution shall be decided without debate.
(g) Points of Order.--In the Senate or the House of
Representatives, a Member of the Senate or House of Representatives,
respectively, may raise a point of order that a qualified joint
resolution does not meet the definition of a qualified joint resolution
under subsection (a).
(h) Amendment.--A qualified joint resolution shall not be subject
to amendment in either the House of Representatives or the Senate.
(i) In General.--If, before passing a qualified joint resolution,
one House receives from the other a qualified joint resolution--
(1) the qualified joint resolution from the other House
shall not be referred to a committee; and
(2) with respect to a qualified joint resolution of the
House receiving the qualified joint resolution--
(A) the procedure in that House shall be the same
as if no qualified joint resolution had been received
from the other House until the vote on passage; but
(B) the vote on final passage shall be on the
qualified joint resolution of the other House.
(j) Exercise of Rulemaking Powers.--This section is enacted by the
Congress--
(1) as an exercise of the rulemaking power in the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a qualified joint resolution, and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House. | Flood Insurance Fairness Act of 2013 - Prohibits the taking effect of specified flood insurance premium changes under the Biggert-Waters Flood Insurance Reform Act of 2012 and the National Flood Insurance Act of 1968 (which prohibit the estimating of flood insurance premium rates for severe repetitive loss and other specified properties or extending premium subsidies to new or lapsed flood insurance policies, and which also require certain flood insurance risk premium rate adjustments) until 180 days after both chambers of Congress have completed consideration of a qualified joint resolution providing for legislative changes to ensure that risk premium rates for flood insurance coverage under the national flood insurance program are substantially affordable for all homeowners. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to submit to Congress and make publicly available a determination of whether the risk premium rates for flood insurance coverage under the national flood insurance program resulting from such legislative changes are substantially affordable for all homeowners. Sets forth procedures for expedited congressional consideration of the proposed joint resolution. | {"src": "billsum_train", "title": "Flood Insurance Fairness Act of 2013"} | 1,153 | 205 | 0.391954 | 1.067661 | 0.649449 | 0.880435 | 5.945652 | 0.413043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bucket Drowning Prevention Act of
1993.''
SEC. 2. LABELING STANDARD REQUIREMENTS.
On October 1, 1994, or 240 days after the date of the enactment of
this title, whichever first occurs, there is established and effective
a consumer product safety standard under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058), to eliminate or reduce the risk of
injury or death resulting from infants falling into 4-gallon to 6-
gallon buckets containing liquid. Such standard, when established,
shall require straight sided or slightly tapered, open head containers
with a capacity of more than 4 gallons and less than 6 gallons
(referred to in this Act as a ``bucket''), to bear one warning label in
English and Spanish. The label shall meet the following requirements:
(1) The label shall be permanent so that such label cannot
be removed, torn or defaced without the aid of tools or
solvents.
(2) The label shall be at least 7 inches in height, and
3\1/2\ inches in width, or any larger size as the labeler may
choose.
(3) The label shall be centered on one side of the bucket
just below the point where the handle is inserted.
(4) The label shall have a border or other form of contrast
around its edges to delineate it from any other information on
the bucket.
(5) The label shall bear (A) the signal word ``WARNING'' in
both English and Spanish, in bold uppercase lettering, and (B)
in upper and lower case lettering the words ``Children Can Fall
Into Bucket and Drown. Keep Children Away From Buckets With
Even a Small Amount of Liquid.'', with an equivalent Spanish
translation in at least the same type size as English. The
signal word panel shall be preceded by a safety alert symbol
consisting of an exclamation mark in a triangle.
(6) The label shall be clear and conspicuous and in
contrasting colors.
(7) The label shall include a picture of a child falling
into a bucket containing liquid. An encircled slash symbol
shall be superimposed over, and surround the pictorial. The
picture shall be positioned between the signal word panel and
the message panel.
SEC. 3. CERTAIN BUCKETS NOT AFFECTED.
The standard established by section 2 applies only to buckets
manufactured or imported on or after the effective date of such
standard, and buckets manufactured or imported before such effective
date may be sold without the warning label required by section 2 even
though such sales occur after that date. The Consumer Product Safety
Commission, by rule, shall prohibit a manufacturer, filler,
distributor, and retailer from stockpiling buckets to which consumer
product safety standards established by section 2 of this title would
have applied but for the preceding sentence. For purposes of this
section, the term ``stockpiling'' shall have the same meaning as that
provided by section 9(g)(2) of the Consumer Product Safety Act.
SEC. 4. PROHIBITED ACTS.
(a) Removal of Label.--Once placed on a bucket pursuant to the
standard provided by section 2, it shall be a prohibited act under
section 19 of the Consumer Product Safety Act for any person in the
chain of distribution of the bucket to intentionally cover, obstruct,
tear, deface or remove the label.
(b) Consumer Product Safety Standard.--The standard established by
section 2 of this title shall be considered a consumer product safety
standard established under the Consumer Product Safety Act.
SEC. 5. EXISTING LABELS.
Notwithstanding section 2, any bucket label in use on September 1,
1993, may, if such label is substantially in conformance with the
requirements of paragraphs (3), (4), (5), and (6) of section 2,
continue to be placed on buckets until 12 months after the date of the
enactment of this title. Notwithstanding the preceding sentence,
buckets subject to the provisions of this section must bear both an
English and Spanish language label on and after the effective date of
the standard established by section 2.
SEC. 6. AMENDMENTS.
Section 553 of title 5, United States Code, shall apply with
respect to the Consumer Product Safety Commission's issuance of any
amendments or changes to the bucket labeling standard established by
section 2 of this title. Sections 7 and 9 of the Consumer Product
Safety Act shall not apply to such amendments or changes.
SEC. 7. RESPONSIBILITY FOR LABELING.
(a) Labeling.--The standard established by section 2 requires the
labeling of buckets covered by such standard to be the responsibility
of the manufacturer of any such buckets, unless otherwise specified by
contract between the manufacturer, and either the filler, distributor,
or retailer of such buckets. Under no circumstances shall any such
bucket enter the stream of commerce without such label.
(b) Time for Placing Labels.--The required label must be on the
bucket at the time it is sold or delivered to the end user of the
bucket or its contents or, in the case of a bucket intended to be sold
to the public in an empty state, at the time it is shipped to a
retailer for sale to the public.
SEC. 8. PERFORMANCE STANDARD.
(a) Performance Standard.--Within 30 days following the date of
enactment of this title, the Consumer Product Safety Commission shall
commence a proceeding under the Consumer Product Safety Act for the
issuance of a performance standard for buckets to address the drowning
hazard associated with this product. Section 553 of title 5, United
States Code, shall apply with respect to the issuance of such standard.
Sections 7 and 9 of the Consumer Product Safety Act shall not apply to
the issuance of such standard. Such standard shall take effect at such
time as may be prescribed by the Consumer Product Safety Commission,
but in no event later than 15 months following the date of the
enactment of this title. The Consumer Product Safety Commission shall
consider any American Society for Testing and Materials voluntary
performance standard in existence prior to such date of enactment.
(b) Labeling Requirements.--The labeling requirements under section
2 shall not apply to buckets certified by the Consumer Product Safety
Commission as meeting the performance standard in subsection (a).
SEC. 9. CONSULTATION.
To avoid duplicative and conflicting labeling, the Consumer Product
Safety Commission shall complete a consultation with relevant Federal
agencies within 30 days following the date of enactment of this Act.
SEC. 10. REQUIREMENT FOR CPSC STUDY.
(a) The Consumer Product Safety Commission shall conduct a study to
determine:
(1) consumer use patterns of new and used 4- to 6- gallon
steel and metal buckets; and
(2) the prevalence of incidents of death or injury to
children associated with the use of such containers.
The study also shall be designed to identify use patterns that may
signify that such containers are being used by consumers in and around
a household, residence, school or otherwise. The study shall be
completed within 12 months of the date of enactment. The study shall be
repeated for two consecutive years following completion of the initial
study. The study shall be repeated if necessary to track any changes in
use patterns or to identify incidents of death or injury.
(b) During the pendency of this study and in the absence of any
regulation of 4- to 6-gallon containers by the Commission thereafter,
metal containers which would otherwise be required to comply with the
labeling requirements of section 3 are exempt from such requirements.
For the purposes of section 26 of the Consumer Product Safety Act, such
exemption shall be considered a consumer product safety standard. Upon
review of the results of the study, the CPSC shall decide whether to
continue this exemption, to require compliance by metal containers, or
to consider further study in the future. | Bucket Drowning Prevention Act of 1993 - Establishes a consumer product safety standard requiring four- to six-gallon buckets to bear a warning label that includes a picture of a child falling into a bucket and the words, in English and Spanish: "WARNING. Children Can Fall into Bucket and Drown. Keep Children Away From Buckets With Even a Small Amount of Liquid."
Exempts buckets manufactured or imported before the effective date of this labeling standard. Requires the Consumer Product Safety Commission to prohibit a manufacturer, filler, distributor, and retailer from stockpiling such buckets.
Requires the Commission to conduct a study to determine: (1) consumer use patterns of new and used four- to six-gallon steel and metal buckets; and (2) the prevalence of incidents of death or injury to children associated with their use. Exempts metal containers from the labeling requirements of this Act during the pendency of the study and in the absence of any regulation of four- to six-gallon containers by the Commission thereafter. Requires the Commission, upon the review of the results of the study, to decide whether to continue this exemption, to require compliance by metal containers, or to consider a further study. | {"src": "billsum_train", "title": "Bucket Drowning Prevention Act of 1993"} | 1,741 | 285 | 0.596329 | 2.103515 | 0.813857 | 4.675214 | 6.905983 | 0.91453 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Voluntary Medicare
Prescription Drug Plan Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Medicare payment for outpatient prescription drugs.
``Part D--Voluntary Medicare Prescription Drug Coverage
``Sec. 1860A. Medicare Prescription Drug Plan.
``Sec. 1860B. Rx Option.
``Sec. 1860C. Combined deductible.
``Sec. 1860D. Partnerships with private entities to offer the
Rx Option.''.
Sec. 3. Conforming changes to Medigap.
SEC. 2. MEDICARE PAYMENT FOR OUTPATIENT PRESCRIPTION DRUGS.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended by redesignating part D as part E and by
inserting after part C the following new part:
``Part D--Voluntary Medicare Prescription Drug Coverage
``medicare prescription drug plan
``Sec. 1860A. (a) In General.--Each Medicare Prescription Drug Plan
eligible individual may elect coverage (beginning on January 1, 2002)
under this part by enrolling in the Rx Option in order to receive
coverage for outpatient prescription drugs as described in section
1860B and to pay a combined deductible under section 1860C.
``(b) Medicare Prescription Drug Plan Eligible Individual
Defined.--In this part, the term `Medicare Prescription Drug Plan
eligible individual' means an individual who is--
``(1) eligible for benefits under part A and enrolled under
part B;
``(2) not enrolled in a Medicare+Choice plan under part C;
and
``(3) not eligible for medical assistance for outpatient
prescription drugs under title XIX.
``rx option
``Sec. 1860B. (a) Enrollment in the Rx Option.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall establish a process for the enrollment of
Medicare Prescription Drug Plan eligible individuals under the
Rx Option that is based upon the process for enrollment in
Medicare+Choice plans under part C of this title.
``(2) Exceptions.--
``(A) 2-year obligation.--Except as provided in
subparagraph (B), a Medicare Prescription Drug Plan
eligible individual who elects the Rx Option shall be
subject to the provisions of this part for a minimum
period of 2 years, beginning with the first full month
during which the individual is eligible for benefits
under the Rx Option.
``(B) Free look period.--An individual who elects
the Rx Option may disenroll from such Option no later
than the last day of the first full month following the
month in which such election was made.
``(3) Enrollment in medicare supplemental policies.--An
individual enrolled in the Rx Option may be enrolled only in a
medicare supplemental policy subject to the special rules
described in section 1882(v).
``(b) Outpatient Prescription Drug Benefits.--
``(1) In general.--Beginning in 2002, under the Rx Option,
after the enrollee has met the combined deductible under
section 1860C, the Secretary shall provide a benefit for
outpatient prescription drugs through private entities under
section 1860D equal to 50 percent of the lesser of--
``(A) the cost of outpatient prescription drugs for
such year; or
``(B) $5000.
``(2) Cost-of-living adjustment.--In the case of any
calendar year beginning after 2002, the dollar amount in
paragraph (1)(B) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the percentage (if any) by which--
``(i) the prescription drug component of
the Consumer Price Index for all urban
consumers (all items city average) for the 12-
month period ending with August of the
preceding year; exceeds
``(ii) such prescription drug component of
the Consumer Price Index for the 12-month
period ending with August 2001.
``(3) Rounding.--If any increase determined under paragraph
(2) is not a multiple of $1, such increase shall be rounded to
the nearest multiple of $1.
``combined deductible
``Sec. 1860C. (a) In General.--Notwithstanding any provision of
this title and beginning in 2002, a beneficiary electing the Rx Option
shall be subject to a combined deductible that shall apply in lieu of
the deductibles applied under sections 1813(a)(1) and 1833(b).
``(b) Amount.--
``(1) In general.--For purposes of subsection (a), the
combined deductible is equal to $675.
``(2) Cost-of-living adjustment.--In the case of any
calendar year after 2002, the dollar amount in paragraph (1)
shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the percentage (if any) by which--
``(i) the medical component of the Consumer
Price Index for all urban consumers (all items
city average) for the 12-month period ending
with August of the preceding year; exceeds
``(ii) such medical component of the
Consumer Price Index for the 12-month period
ending with August 2001.
``(3) Rounding.--If any increase determined under paragraph
(2) is not a multiple of $1, such increase shall be rounded to
the nearest multiple of $1.
``(c) Application.--In applying the combined deductible described
in subsection (a) such deductible shall apply to each expense incurred
on a calendar year basis for each item or service covered under this
title, and each expense paid on a calendar year basis for such an item
or service shall be credited against such deductible.
``partnerships with private entities to offer the rx option
``Sec. 1860D. (a) Partnerships.--
``(1) In general.--The Secretary shall contract with
private entities for the provision of outpatient prescription
drug benefits under the Rx Option.
``(2) Private entities.--The private entities described in
paragraph (1) shall include insurers (including issuers of
medicare supplemental policies under section 1882),
pharmaceutical benefit managers, chain pharmacies, groups of
independent pharmacies, and other private entities that the
Secretary determines are appropriate.
``(3) Areas.--The Secretary may award a contract to a
private entity under this section on a local, regional, or
national basis.
``(4) Drug benefits only through private entities.--
Outpatient prescription drug benefits under the Rx Option shall
be offered only through a contract with a private entity under
this section.
``(b) Secretary Required To Contract With Any Willing Qualified
Private Entity.--The Secretary may not exclude a private entity from
receiving a contract to provide outpatient prescription drug benefits
under the Rx Option if the private entity meets all of the requirements
established by the Secretary for providing such benefits.''.
SEC. 3. CONFORMING CHANGES TO MEDIGAP.
Section 1882 of the Social Security Act (42 U.S.C. 1395ss) is
amended by adding at the end the following new subsection:
``(v) Special Rules for Medicare Prescription Drug Plan
Enrollees.--
``(1) Revision of benefit packages.--
``(A) In general.--Notwithstanding subsection (p),
the benefit packages established under such subsection
(including the 2 plans described in paragraph (11)(A)
of such subsection) shall be revised (in the manner
described in subsection (p)(1)(E)) so that each of the
benefit packages classified as `A' through `J' remain
exactly the same, except that each benefit package
shall include special rules that apply only to
individuals enrolled in the Rx Option under section
1860B as follows:
``(i) Combined deductible.--Each benefit
package shall require the beneficiary of the
policy to pay annual out-of-pocket expenses
(other than premiums) in an amount equal to the
amount of the combined deductible under section
1860C(b) before the policy begins payment of
any benefits.
``(ii) Prescription drug coverage.--In the
case of a benefit package classified as `H',
`I', and `J', such policy may not provide
coverage for outpatient prescription drugs that
duplicates the coverage for outpatient
prescription drugs provided under the Rx Option
under section 1860B(b).
``(B) Adjusted premium.--In the case of an
individual enrolled in the Rx Option, the premium for
the policy in which the individual is enrolled may be
appropriately adjusted to reflect the special rules
applicable to such individual under subparagraph (A).
``(2) Renewability and continuity of coverage.--The
revisions of benefit packages under paragraph (1) shall not
affect--
``(A) the renewal of medicare supplemental policies
under this section that are in existence on the
effective date of such revisions; or
``(B) the continuity of coverage under such
policies.''. | Voluntary Medicare Prescription Drug Plan Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act to add a new part D (Voluntary Medicare Prescription Drug Coverage) under which a Medicare Prescription Drug plan eligible individual, not enrolled in a Medicare+Choice plan under Medicare part C (Medicare+Choice), may enroll in the Rx Option coverage for outpatient prescription drugs offered only through private contractors, and subject to payment of a combined deductible ($675) in lieu of the deductibles applied under Medicare parts A (Hospital Insurance) and B (Supplementary Medical Insurance).Sets the outpatient prescription drug benefit at 50 percent of the lesser of: (1) the cost of such drugs for a year; or (2) $5,000.Establishes special rules with respect to Medicare supplemental health insurance (Medigap) for individuals enrolled in the Rx Option. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to establish a voluntary Medicare Prescription Drug Plan under which eligible medicare beneficiaries may elect to receive coverage under the Rx Option for outpatient prescription drugs and a combined deductible."} | 2,114 | 208 | 0.659964 | 1.623913 | 0.919053 | 2.77707 | 11.872611 | 0.917197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice and Delinquency
Prevention Act Technical Amendments of 1993''.
SEC. 2. AMENDMENTS TO THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION
ACT OF 1974.
The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601-5785) is amended--
(1) in section 103--
(A) in paragraph (4) by inserting ``title I of''
before ``the Omnibus'' each place it appears, and
(B) in paragraph (22) by redesignating
subparagraphs (i), (ii), and (iii) as subparagraphs
(A), (B), and (C), respectively,
(2) in section 202(b) by striking ``prescribed for GS-18 of
the General Schedule by section 5332'' and inserting ``payable
under section 5376'',
(3) in section 204 by redesignating subsections (h) and (i)
as subsections (f) and (g), respectively,
(4) in section 206(a)(2)--
(A) in subparagraph (A) by adding at the end the
following: ``Except as provided in subparagraph (C),
all members shall be appointed for a term of 3
years.'', and
(B) in subparagraph (C)(i) by striking
``appointed'' the first place it appears and inserting
``first appointed to the Council'',
(5) in section 223--
(A) in subsection (a)(14) by striking ``, beginning
after the five-year period following December 8,
1980,'',
(B) in subsection (c)(3)--
(i) in the matter preceding subparagraph
(A) by striking ``the requirements of
subsection (a), (12)(A), (13), (14), or (23)''
and inserting ``any requirement of paragraph
(12)(A), (13), (14), or (23) of subsection
(a)'', and
(ii) in subparagraph (B)(i) by striking
``section 222 (c) and (d)'' and inserting
``subsections (c) and (d) of section 222'', and
(C) in subsection (d) by striking ``subsection (a)
(12)(A), (13), (14) and (23)'' each place it appears
and inserting ``paragraphs (12)(A), (13), (14), and
(23) of subsection (a)'',
(6) in section 241(d)(2)--
(A) by inserting a comma after ``personnel'' the
first place it appears, and
(B) by striking ``personnel,,'' and inserting
``personnel,'',
(7) in section 243(a)--
(A) in paragraph (3) by redesignating subparagraphs
(i) and (ii) as subparagraphs (A) and (B),
respectively,
(B) in paragraph (7)(D) by inserting
``activities)'' after ``recreational'',
(C) in paragraph (11) by striking ``and'' at the
end,
(D) by redesignating paragraphs (6) through (14) as
paragraphs (7) through (15), respectively, and
(E) by redesignating the second paragraph (5) as
paragraph (6),
(8) in section 244(3)--
(A) by inserting a comma after ``judges'',
(B) by inserting a comma after ``prosecutors'', and
(C) by striking ``attorneys,,'' and inserting
``attorneys,'',
(9) in section 248(a)(2)(B)(ii) by striking ``for'' and
inserting ``For'',
(10) in section 261(a)--
(A) in paragraph (5)--
(i) by inserting ``(including self-help
programs for parents)'' after ``programs'', and
(ii) by inserting before the period at the
end the following:
``, including programs that work with families during the
incarceration of juvenile family members and that take into
consideration the special needs of families with limited-
English speaking ability'', and
(B) in paragraph (7) by striking ``juveniles,'' and
all that follows through the end of such paragraph, and
inserting the following:
``juveniles;
``that targets juveniles who have had contact with the juvenile
justice system or who are likely to have contact with such
system.'',
(11) in section 261(b)(5) by inserting ``, community
service personnel,'' after ``law enforcement personnel'',
(12) in section 281(a)(8) by striking ``substances
analogues'' and inserting ``substance analogues'',
(13) in subpart II of part D by inserting before section
282 the following:
``authority to make grants and contracts'',
(14) in the first part I by inserting the following before
section 291:
``authority to call and conduct conference'',
(15) in section 291(c) by striking ``18 months'' and
inserting ``48 months'',
(16) by redesignating the second part I as part J,
(17) in section 299(a)--
(A) in paragraph (1) by striking ``years 1993,''
and inserting ``fiscal year 1993 and such sums as may
be necessary for fiscal years'',
(B) in paragraph (2)(A) by moving the left margin
of clauses (i) and (ii) 2 ems to the left, and
(C) in paragraph (5) by striking ``(A) Subject to
subparagraph (B)'' and inserting ``Subject to paragraph
(2)(B)'', and
(18) in section 299C(c)(2) by striking ``this paragraph''
and inserting ``paragraph (1)''.
SEC. 3. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act and the amendments made by this Act shall take effect on the
date of the enactment of this Act.
(b) Special Effective Date.--The amendments made by section 2(4)
shall take effect on November 4, 1992.
Passed the House of Representatives November 2, 1993.
Attest
DONNALD K. ANDERSON,
Clerk. | Juvenile Justice and Delinquency Prevention Act Technical Amendments of 1993 - Makes technical amendments to the Juvenile Justice and Delinquency Prevention Act of 1974.
Specifies that members of the Coordinating Council on Juvenile Justice and Delinquency Prevention shall be appointed for a term of three years, with exceptions.
Extends the time under which a White House conference on juvenile justice can be convened from 18 to 48 months after enactment of reauthorizing legislation.
Revises the authorization level under the reauthorizing legislation to such sums as are necessary for FY 1994 through 1996.
Amends the Anti-Drug Abuse Act of 1988 to provide funding for FY 1995 for programs for drug education and prevention relating to youth gangs and programs for runaway and homeless youth.
Requires the Director of the Federal Emergency Management Agency (FEMA) to pay to Benchmark Rail Group, Inc., of St. Louis, Missouri, an amount equal to the total amount owed to such Group by FEMA and the State of California in compensation for the emergency work and services performed at the request of the Southern California Regional Rail Authority to the extent that such work and services are otherwise eligible for reimbursement under the Robert T. Stafford Disaster and Emergency Assistance Act. Directs that the payment be made from funds appropriated to implement such Act.
Requires FEMA to deobligate an equal amount to that previously obligated for payment to such State to cover the costs of work performed for the Authority by such Group after the Northridge earthquake which would have been eligible for reimbursement under such Act. | {"src": "billsum_train", "title": "Juvenile Justice and Delinquency Prevention Act Technical Amendments of 1993"} | 1,516 | 348 | 0.404899 | 1.304143 | 0.662406 | 1.316901 | 4.707746 | 0.605634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Art and Collectibles Capital Gains
Tax Treatment Parity Act''.
SEC. 2. CAPITAL GAINS TREATMENT FOR ART AND COLLECTIBLES.
(a) In General.--Section 1(h) of the Internal Revenue Code of 1986
(relating to maximum capital gains rate) is amended by striking
paragraphs (4) and (5) and inserting the following new paragraphs:
``(4) 28-percent rate gain.--For purposes of this
subsection, the term `28-percent rate gain' means the excess
(if any) of--
``(A) section 1202 gain, over
``(B) the sum of--
``(i) the net short-term capital loss, and
``(ii) the amount of long-term capital loss
carried under section 1212(b)(1)(B) to the
taxable year.
``(5) Reserved.--''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2008.
SEC. 3. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
TAXPAYER.
(a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
``(8) Special rule for certain contributions of literary,
musical, artistic, or scholarly compositions.--
``(A) In general.--In the case of a qualified
artistic charitable contribution--
``(i) the amount of such contribution taken
into account under this section shall be the
fair market value of the property contributed
(determined at the time of such contribution),
and
``(ii) no reduction in the amount of such
contribution shall be made under paragraph (1).
``(B) Qualified artistic charitable contribution.--
For purposes of this paragraph, the term `qualified
artistic charitable contribution' means a charitable
contribution of any literary, musical, artistic, or
scholarly composition, or similar property, or the
copyright thereon (or both), but only if--
``(i) such property was created by the
personal efforts of the taxpayer making such
contribution no less than 18 months prior to
such contribution,
``(ii) the taxpayer--
``(I) has received a qualified
appraisal of the fair market value of
such property in accordance with the
regulations under this section, and
``(II) attaches to the taxpayer's
income tax return for the taxable year
in which such contribution was made a
copy of such appraisal,
``(iii) the donee is an organization
described in subsection (b)(1)(A),
``(iv) the use of such property by the
donee is related to the purpose or function
constituting the basis for the donee's
exemption under section 501 (or, in the case of
a governmental unit, to any purpose or function
described under section 501(c)),
``(v) the taxpayer receives from the donee
a written statement representing that the
donee's use of the property will be in
accordance with the provisions of clause (iv),
and
``(vi) the written appraisal referred to in
clause (ii) includes evidence of the extent (if
any) to which property created by the personal
efforts of the taxpayer and of the same type as
the donated property is or has been--
``(I) owned, maintained, and
displayed by organizations described in
subsection (b)(1)(A), and
``(II) sold to or exchanged by
persons other than the taxpayer, donee,
or any related person (as defined in
section 465(b)(3)(C)).
``(C) Maximum dollar limitation; no carryover of
increased deduction.--The increase in the deduction
under this section by reason of this paragraph for any
taxable year--
``(i) shall not exceed the artistic
adjusted gross income of the taxpayer for such
taxable year, and
``(ii) shall not be taken into account in
determining the amount which may be carried
from such taxable year under subsection (d).
``(D) Artistic adjusted gross income.--For purposes
of this paragraph, the term `artistic adjusted gross
income' means that portion of the adjusted gross income
of the taxpayer for the taxable year attributable to--
``(i) income from the sale or use of
property created by the personal efforts of the
taxpayer which is of the same type as the
donated property, and
``(ii) income from teaching, lecturing,
performing, or similar activity with respect to
property described in clause (i).
``(E) Paragraph not to apply to certain
contributions.--Subparagraph (A) shall not apply to any
charitable contribution of any letter, memorandum, or
similar property which was written, prepared, or
produced by or for an individual while the individual
is an officer or employee of any person (including any
Government agency or instrumentality) unless such
letter, memorandum, or similar property is entirely
personal.
``(F) Copyright treated as separate property for
partial interest rule.--In the case of a qualified
artistic charitable contribution, the tangible
literary, musical, artistic, or scholarly composition,
or similar property and the copyright on such work
shall be treated as separate properties for purposes of
this paragraph and subsection (f)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date. | Art and Collectibles Capital Gains Tax Treatment Parity Act - Amends the Internal Revenue Code to: (1) eliminate the 28% capital gains tax rate for collectibles, thus allowing gain from the sale of collectibles (including art works) to be taxed at the 15% tax rate applicable to other investment property; and (2) allow the creator of a literary, musical, artistic, or scholarly property a fair market value tax deduction for the donation of such property to a tax-exempt organization, if properly appraised and donated no sooner than 18 months after its creation. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide the same capital gains treatment for art and collectibles as for other investment property and to provide that a deduction equal to fair market value shall be allowed for charitable contributions of literacy, musical, artistic, or scholarly compositions created by the donor."} | 1,262 | 128 | 0.521945 | 1.393584 | 0.576219 | 2.127273 | 10.654545 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Price Transparency
Promotion Act of 2006''.
SEC. 2. INCREASING THE TRANSPARENCY OF INFORMATION ON HOSPITAL CHARGES
AND MAKING AVAILABLE INFORMATION ON ESTIMATED OUT-OF-
POCKET COSTS FOR HEALTH CARE SERVICES.
(a) In General.--Section 1902(a) of the Social Security Act (42
U.S.C. 1396a(a)) is amended--
(1) by striking ``and'' at the end of paragraph (69);
(2) by striking the period at the end of paragraph (70) and
inserting ``; and'';
(3) by inserting after paragraph (70) the following new
paragraph:
``(71) provide that the State will establish and maintain
laws, in accordance with the requirements of section 1921A, to
require disclosure of information on hospital charges, to make
such information available to the public, and to provide
individuals with information about estimated out-of-pocket
costs for health care services.''; and
(4) by inserting after section 1921 the following new
section:
``increasing the transparency of information on hospital charges and
providing consumers with estimates of out-of-pocket costs for health
care services
``Sec. 1921A. (a) In General.--The requirements referred to in
section 1902(a)(71) are that the laws of a State must--
``(1) in accordance with subsection (b)--
``(A) require the disclosure of information on
hospital charges; and
``(B) provide for access to such information; and
``(2) in accordance with subsection (c), require the
provision of a statement of the estimated out-of-pocket costs
of an individual for anticipated future health care services.
``(b) Information on Hospital Charges.--The laws of a State must--
``(1) require disclosure, by each hospital located in the
State, of information on the charges for certain inpatient and
outpatient hospital services (as determined by the State)
provided at the hospital; and
``(2) provide for timely access to such information by
individuals seeking or requiring such services.
``(c) Estimated Out-of-Pocket Costs.--The laws of a State must
require that, upon the request of any individual with health insurance
coverage sponsored by a health insurance issuer, the issuer must
provide a statement of the estimated out-of-pocket costs that are
likely to be incurred by the individual if the individual receives
particular health care items and services within a specified period of
time.
``(d) Rules of Construction.--Nothing in this section shall be
construed as--
``(1) authorizing or requiring the Secretary to establish
uniform standards for the State laws required by subsections
(b) and (c);
``(2) requiring any State with a law enacted on or before
the date of the enactment of this section that--
``(A) meets the requirements of subsection (b) or
subsection (c) to modify or amend such law; or
``(B) meets some but not all of the requirements of
subsection (b) or subsection (c) to modify or amend
such law except to the extent necessary to address the
unmet requirements;
``(3) precluding any State in which a program of voluntary
disclosure of information on hospital charges is in effect from
adopting a law codifying such program (other than its voluntary
nature) to satisfy the requirement of subsection (b)(1); or
``(4) guaranteeing that the out-of-pocket costs of an
individual will not exceed the estimate of such costs provided
pursuant to subsection (c).
``(e) Definitions.--For purposes of this section:
``(1) The term `health insurance coverage' has the meaning
given such term in section 2791(b)(1) of the Public Health
Service Act.
``(2) The term `health insurance issuer' has the meaning
given such term in section 2791(b)(2) of the Public Health
Service Act, except that such term also includes--
``(A) a medicaid managed care organization (as
defined in section 1903(m)); and
``(B) a Medicare Advantage organization (as defined
in 1859(a)(1), taking into account the operation of
section 201(b) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003).
Section 1856(b)(3) shall not preclude the application to a
Medicare Advantage organization or a Medicare Advantage plan
offered by such an organization of any State law adopted to
carry out the requirements of subsection (b) or (c).
``(3) The term `hospital' means an institution that meets
the requirements of paragraphs (1) and (7) of section 1861(e)
and includes those to which section 1820(c) applies.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect on October
1, 2007.
(2) Exception.--In the case of a State plan for medical
assistance under title XIX of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirements
imposed by the amendment made by subsection (a), the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of
the previous sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature.
SEC. 3. RESEARCH ON INFORMATION VALUED BY CONSUMERS ON CHARGES AND OUT-
OF-POCKET COSTS FOR HEALTH CARE SERVICES.
(a) Research on Information Valued and Used by Consumers.--The
Director of the Agency for Healthcare Research and Quality (in this
section referred to as ``AHRQ'') shall conduct or support research,
pursuant to section 901(b)(1)(D) of the Public Health Service Act (42
U.S.C. 299(b)(1)(D)), on--
(1) the types of information on the charges, and out-of-
pocket costs, for health care services that individuals find
useful in making decisions about where, when, and from whom to
receive care;
(2) how the types of information valued by individuals for
making such decisions vary by whether they have health benefits
coverage and, if they do, the type of such coverage they have,
such as traditional insurance, health maintenance
organizations, preferred provider organizations, and high
deductible plans coupled with health savings accounts; and
(3) ways in which such information may be made available on
a timely basis and in easy-to-understand form to individuals
facing such decisions.
(b) Report.--The Director of AHRQ shall report to the Congress on
the results of such research not later than 18 months after the date of
the enactment of this Act, together with recommendations for ways in
which the Federal Government can assist the States in achieving the
objective specified in subsection (a)(3).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Health Care Price Transparency Promotion Act of 2006 - Amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to provide that the state will establish and maintain laws to require disclosure of information on hospital charges, to make such information available to the public, and to provide individuals with information about estimated out-of-pocket costs for health care services.
Directs the Director of the Agency for Healthcare Research and Quality to research and report to Congress on: (1) the types of information on the charges and out-of-pocket costs for health care services that individuals find useful in making decisions about where, when, and from whom to receive care; (2) how such types of information vary by whether they have health benefits coverage, and what kinds; and (3) ways in which such information may be available on a timely basis and in easy-to-understand form to individuals facing such decisions. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide for increased price transparency of hospital information and to provide for additional research on consumer information on charges and out-of-pocket costs."} | 1,687 | 191 | 0.553517 | 1.596991 | 0.793691 | 7.10929 | 8.459016 | 0.978142 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Redundancy Elimination and Enhanced
Performance for Preparedness Grants Act''.
SEC. 2. IDENTIFICATION OF REPORTING REDUNDANCIES AND DEVELOPMENT OF
PERFORMANCE METRICS FOR HOMELAND SECURITY PREPAREDNESS GRANT PROGRAMS.
(a) In General.--Title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding at the end the following:
``SEC. 2023. IDENTIFICATION OF REPORTING REDUNDANCIES AND DEVELOPMENT
OF PERFORMANCE METRICS.
``(a) Definition.--In this section, the term `covered grants' means
grants awarded under section 2003, grants awarded under section 2004,
and any other grants specified by the Administrator.
``(b) Initial Report.--Not later than 90 days after the date of
enactment of the Redundancy Elimination and Enhanced Performance for
Preparedness Grants Act, the Administrator shall submit to the
appropriate committees of Congress a report that includes--
``(1) an assessment of redundant reporting requirements imposed
by the Administrator on State, local, and tribal governments in
connection with the awarding of grants, including--
``(A) a list of each discrete item of data requested by the
Administrator from grant recipients as part of the process of
administering covered grants;
``(B) identification of the items of data from the list
described in subparagraph (A) that are required to be submitted
by grant recipients on multiple occasions or to multiple
systems; and
``(C) identification of the items of data from the list
described in subparagraph (A) that are not necessary to be
collected in order for the Administrator to effectively and
efficiently administer the programs under which covered grants
are awarded;
``(2) a plan, including a specific timetable, for eliminating
any redundant and unnecessary reporting requirements identified
under paragraph (1); and
``(3) a plan, including a specific timetable, for promptly
developing a set of quantifiable performance measures and metrics
to assess the effectiveness of the programs under which covered
grants are awarded.
``(c) Biennial Reports.--Not later than 1 year after the date on
which the initial report is required to be submitted under subsection
(b), and once every 2 years thereafter, the Administrator shall submit
to the appropriate committees of Congress a grants management report
that includes--
``(1) the status of efforts to eliminate redundant and
unnecessary reporting requirements imposed on grant recipients,
including--
``(A) progress made in implementing the plan required under
subsection (b)(2);
``(B) a reassessment of the reporting requirements to
identify and eliminate redundant and unnecessary requirements;
``(2) the status of efforts to develop quantifiable performance
measures and metrics to assess the effectiveness of the programs
under which the covered grants are awarded, including--
``(A) progress made in implementing the plan required under
subsection (b)(3);
``(B) progress made in developing and implementing
additional performance metrics and measures for grants,
including as part of the comprehensive assessment system
required under section 649 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 749); and
``(3) a performance assessment of each program under which the
covered grants are awarded, including--
``(A) a description of the objectives and goals of the
program;
``(B) an assessment of the extent to which the objectives
and goals described in subparagraph (A) have been met, based on
the quantifiable performance measures and metrics required
under this section, section 2022(a)(4), and section 649 of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
749);
``(C) recommendations for any program modifications to
improve the effectiveness of the program, to address changed or
emerging conditions; and
``(D) an assessment of the experience of recipients of
covered grants, including the availability of clear and
accurate information, the timeliness of reviews and awards, and
the provision of technical assistance, and recommendations for
improving that experience.
``(d) Grants Program Measurement Study.--
``(1) In general.--Not later than 30 days after the enactment
of Redundancy Elimination and Enhanced Performance for Preparedness
Grants Act, the Administrator shall enter into a contract with the
National Academy of Public Administration under which the National
Academy of Public Administration shall assist the Administrator in
studying, developing, and implementing--
``(A) quantifiable performance measures and metrics to
assess the effectiveness of grants administered by the
Department, as required under this section and section 649 of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 749); and
``(B) the plan required under subsection (b)(3).
``(2) Report.--Not later than 1 year after the date on which
the contract described in paragraph (1) is awarded, the
Administrator shall submit to the appropriate committees of
Congress a report that describes the findings and recommendations
of the study conducted under paragraph (1).
``(3) Authorization of appropriations.--There are authorized to
be appropriated to the Administrator such sums as may be necessary
to carry out this subsection.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by adding at the end the following:
``Sec. 2023. Identification of reporting redundancies and development of
performance metrics.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Redundancy Elimination and Enhanced Performance for Preparedness Grants Act - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to submit to the appropriate congressional committees not later than 90 days after this Act's enactment a report that includes: (1) an assessment of redundant reporting requirements imposed by the Administrator on state, local, and tribal governments in connection with the awarding of covered grants; (2) a plan for eliminating any redundant and unnecessary reporting requirements identified; and (3) a plan for promptly developing a set of quantifiable performance measures and metrics to assess the effectiveness of the programs under which the grants are awarded. Defines "covered grants" as homeland security preparedness grants awarded under the Urban Area Security Initiative and the State Homeland Security Grant Program and other grants specified by the Administrator.
Requires the Administrator to submit to such committees within one year after such report is required and every two years thereafter a grants management report that includes: (1) the status of efforts to eliminate such redundant and unnecessary reporting requirements; (2) the status of efforts to develop quantifiable performance measures and metrics; and (3) a performance assessment of each covered grant program.
Directs the Administrator to: (1) enter into a contract for the National Academy of Public Administration to assist the Administrator in studying, developing, and implementing performance measures and metrics to assess the effectiveness of Department of Homeland Security (DHS) grants and the programs under which covered grants are awarded; and (2) report on the study's findings and recommendations within one year after such contract is awarded.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for identifying and eliminating redundant reporting requirements and developing meaningful performance metrics for homeland security preparedness grants, and for other purposes."} | 1,291 | 344 | 0.724707 | 2.150973 | 0.947254 | 4.506329 | 3.677215 | 0.917722 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Credit Protection Act
Amendments of 2003''.
SEC. 2. FINDINGS.
Section 602(a) Fair Credit Reporting Act (15 U.S.C. 1681) is
amended--
(1) by redesignating paragraph (4) as paragraph (6);
(2) by striking paragraphs (2) and (3) and inserting the
following new paragraphs:
``(2) Consumer credit reporting agencies have assumed a
dominant role in evaluating consumer credit and other
information on consumers.
``(3) Credit reports may report on as factors to establish
a consumer's eligibility for credit, insurance, and even
employment.
``(4) The automated calculation of credit scores has become
the primary way of quickly evaluating all of the subjective
factors taken into account in determining a consumer's
creditworthiness, credit standing, credit capacity, debts,
character, general reputation, or mode of living.
``(5) When a credit reporting agency undertakes a business
that has the potential to profoundly affect a consumer's life,
it is incumbent that these agencies ensure that the information
provided is accurate.''; and
(3) by inserting after paragraph (6) (as so redesignated by
paragraph 1 of this section) the following new paragraph:
``(7) Due to the inequality of the rates of property and
casualty insurance, many State insurance commissioners have
concurred that prohibiting the use of credit history and credit
scores for personal lines of insurance and improving the
disclosure of credit information will provide greater
protection for the consumer.''.
SEC. 3. DEFINITIONS.
(a) New Definitions.--Section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a) is amended by adding at the end the following new
subsection:
``(q) Credit Score, Risk Predictor, and Risk Score.--The terms
`credit score', `risk predictor', and `risk score' mean the numerical
value or categorization derived from a statistical tool or modeling
system used to predict the likelihood of certain credit behaviors,
including default.''.
(b) Amendments to Existing Definitions.--Subsection (m) of section
603 of the Fair Credit Reporting Act (15 U.S.C. 1681a(m)) is amended to
read as follows:
``(m) Credit Transaction That Is Not Initiated by the Consumer.--
The term `credit transaction that is not initiated by the consumer'
does not include the use of a consumer report by a person with whom the
consumer has a credit account for purposes of--
``(1) reviewing the account; or
``(2) collecting the account.''.
SEC. 4. IMPERMISSIBLE USES OF CREDIT SCORES IN CONSUMER INSURANCE
DETERMINATIONS; COMPLIANCE WITH EQUAL CREDIT OPPORTUNITY
ACT.
(a) In General.--Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the following new
subsections:
``(h) Impermissible Uses of Consumer Credit Scores in Consumer
Insurance Determinations.--With respect to all personal lines of
insurance, including any auto, homeowners, dwelling fire, life,
disability, and health insurance or annuity, intended for consumer,
family, or household use, an insurance provider may not take any of the
following actions on the basis, in whole or in part, of the consumer
report obtained from a consumer reporting agency), or a credit score,
of any consumer, including an applicant for such insurance:
``(1) Refuse to underwrite or renew any such insurance.
``(2) Cancel an existing policy of insurance.
``(3) Increase the premium for any such insurance, either
while the policy is in effect or at the time of renewal, or
fail to offer or provide any discount otherwise available.
``(4) Rate the risk of the occurrence of the event covered
by such insurance.
``(5) Assign the insured or applicant to a rating tier.
``(6) Place insurance for an insured consumer or applicant
with an affiliated company.
``(7) Require a particular payment plan under circumstances
where any additional payment plans are available for such
insurance.
``(i) Compliance With Equal Credit Opportunity Act.--Any credit
scoring system used to generate any risk or credit score shall comply
with the Equal Credit Opportunity Act.''.
(b) Technical and Conforming Amendments.--
(1) Section 604(a)(3) of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended--
(A) by striking subparagraph (C);
(B) by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (C), (D), and (E), respectively;
and
(C) in subparagraph (D) (as so redesignated, by
striking ``or current insurer,''.
(2) Section 604(c) of the Fair Credit Reporting Act (15
U.S.C. 1681b(c)) is amended--
(A) in paragraphs (1) and (3) by striking ``or
insurance'' each place such term appears; and
(B) in paragraph (1), by striking ``subparagraph
(A) or (C) of subsection (a)(3)'' and inserting
``subsection (a)(3)(A)''.
(3) Paragraphs (1) and (5) of section 604(e) of the Fair
Credit Reporting Act (15 U.S.C. 1681b(e)) are each amended by
striking ``or insurance'' each place such term appears.
(4) Section 604(g) of the Fair Credit Reporting Act (15
U.S.C. 1681b(g)) is amended by striking ``or insurance''.
(c) Clerical Amendments.--The heading for section 604(c) of the
Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended by striking
``or Insurance''.
(d) Compliance Study.--The Federal Trade Commission shall conduct a
study of the compliance of insurance providers with the amendment made
by this section and shall submit a report containing the findings and
conclusions of the Commission to the Congress before the end of the 1-
year period beginning on the date of the enactment of this Act.
SEC. 5. AMENDMENTS TO THE DISCLOSURE OF CREDIT SCORES AND CREDIT
REPORTS TO CONSUMERS.
(a) In General.--Section 609(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681g(a)) is amended by striking all of the provisions of
such subsection that precede paragraph (2) and inserting the following:
``(a) Information on File; Sources; Report Recipients.--Every
consumer reporting agency shall, upon request, and subject to section
610(a)(1), clearly and accurately disclose to the consumer the
following:
``(1) Information.--All information in the consumer's file
at the time of the request including credit consumer reports,
any information concerning credit scores and credit consumer
reports, and any other risk scores or predictors relating to
the consumer including any credit scores used, and a clear and
concise summary of how the scores and predictors are derived,
including--
``(A) The factors taken into account in deriving a
score or predictor;
``(B) How such factors are applied to the consumer;
``(C) The relative weight given to each factor;
``(D) The manner and extent to which such factors
raise or lower the score or predictor;
``(E) The names of all persons that provided the
credit score or credit file upon which the credit score
was created; and
``(F) A statement indicating that the information
and credit scoring model may be different from the
credit score that may be used by the lender.''.
(b) Annual Disclosure of Rights Required.--Section 609 of the Fair
Credit Reporting Act (15 U.S.C. 1681g) is amended by adding at the end
the following new subsection:
``(d) Annual Disclosure of Rights Required.--
``(1) In general.--A credit reporting agency shall annually
provide a consumer with the written summary of rights required
under section 609(c), by letter sent by first-class mail, whenever one
of the following events occurs within any 12-month period:
``(A) The credit reporting agency has received 3
credit inquiries pertaining to the consumer.
``(B) The credit reporting agency has received a
report that would add negative information to the
consumer's file.
``(2) Format of letter.--Any letter mailed to a consumer
pursuant to this subsection may be a form letter, except that
each letter shall include a notice or separate form the
consumer may complete and return to the consumer reporting
agency to request a copy of the credit consumer report.
``(3) Additional contact information under certain
circumstances.--In the case of any consumer reporting agency
which compiles and maintains files on consumers on a nationwide
basis, the letter or notice shall include a toll-free telephone
number and worldwide web address established by the agency for
the consumer to request a free report under the terms of
section 612(c).''.
(c) Free Disclosures Under Certain Circumstances.--Section 612(c)
of the Fair Credit Reporting Act (15 U.S.C. 1681j(c)) is amended to
read as follows:
``(c) Free Disclosure of Consumer Reports.--In addition to the
disclosures required under subsection (b) or the law of any State, upon
the request of a consumer, a consumer reporting agency shall make all
disclosures pursuant to section 609 without charge to that consumer
under the following circumstances:
``(1) Annually, upon the written, oral, or electronic
request of the consumer.
``(2) Up to 3 additional times a year, if a consumer
certifies in writing that the consumer--
``(A) is unemployed and intends to apply for
employment in the 60-day period beginning on the date
on which the certification is made;
``(B) is a recipient of public welfare assistance;
or
``(C) has reason to believe that the file on the
consumer at the agency contains inaccurate information
due to fraud or identity theft.''.
(d) Duties of Users Taking Adverse Actions on the Basis of
Information Contained in Consumer Reports.--Section 615(a) of the Fair
Credit Reporting Act (15 U.S.C. 1681m(a)) is amended to read as
follows:
``(a) Duties of Users Taking Adverse Actions on the Basis of
Information Contained in Consumer Reports.--
``(1) In general.--If any person takes any adverse action
with respect to any consumer that is based in whole or in part
on any information contained in a consumer report, the person
shall--
``(A) provide oral, written, or electronic notice
of the adverse action to the consumer; and
``(B) provide a copy of the consumer's complete
report that the consumer reporting agency provided to
the user, including any information concerning credit
scores and credit consumer reports, and any other risk
scores or predictors relating to the consumer including
any credit scores used; and
``(2) Summary of rights.--A user who provides a notice and
a copy of a consumer report and credit score to a consumer
under paragraph (1) shall also provide to the consumer--
``(A) a written summary of all of the rights that
the consumer has under this title;
``(B) an explanation of how the consumer may
exercise the rights of the consumer under this title;
``(C) a list of all Federal agencies responsible
for enforcing any provision of this title and the
address and any appropriate phone number of each such
agency, in a form that will assist the consumer in
selecting the appropriate agency; and
``(D) a statement that the consumer may have
additional rights under State law and that the consumer
may wish to contact a State or local consumer
protection agency or State attorney general to learn of
those rights.
``(3) Form of summary of rights.--
``(A) In general.--The user shall provide a
description in writing of the rights of the consumer
under paragraph (2) using the form and content
prescribed by the Federal Trade Commission (after
consultation with each Federal agency referred to in
section 621(b).
``(B) Compliance with substantially similar
format.--Any user shall be deemed to be in compliance
with this subsection if the user provides disclosures
under paragraph (2) that are substantially similar to
the model disclosure adopted by the Federal Trade
Commission under this paragraph.
``(C) Effective date of summary of rights
disclosures.--No disclosures shall be required under
paragraph (2) before the date on which the Federal
Trade Commission prescribes the form and content of
such disclosures under subparagraph (A).''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect at the end of the
90-day period beginning on the date of the enactment of this Act. | Consumer Credit Protection Act Amendments of 2003 - Amends the Fair Credit Reporting Act to set forth impermissible uses of consumer credit scores by an insurance provider with respect to a consumer or insurance applicant.
Mandates that any credit scoring system used to generate any risk or credit score be in compliance with the Equal Credit Opportunity Act.
Requires a consumer reporting agency, upon request, to disclose to the consumer clearly and accurately all information in the consumer's file, including: (1) credit consumer reports and any information concerning reports and credit scores; (2) any other risk scores or predictors, including any credit scores used; and (3) a clear, concise summary of how the scores and predictors are derived.
Cites circumstances that require a consumer reporting agency to furnish free disclosures upon request.
Requires every consumer reporting agency taking adverse action based upon a consumer report to: (1) provide a copy of such report, including other risk scores or predictors, and credit scores used; and (2) provide a written summary of all consumer rights and how to exercise them. | {"src": "billsum_train", "title": "To amend the Fair Credit Reporting Act to prohibit the use of consumer credit history for any insurance purpose and to require the disclosure of consumer reports and the credit scoring procedure in order to prevent inaccuracies and mistakes in consumer credit reports, and for other purposes."} | 2,932 | 230 | 0.613597 | 1.778793 | 0.749156 | 3.761905 | 12.771429 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Entrepreneurial Transition
Act of 2011'' or the ``VET Act of 2011''.
SEC. 2. ESTABLISHMENT OF SMALL BUSINESS PROGRAM.
The Secretary of Veterans Affairs shall establish a program under
which the Secretary shall allow eligible veterans to participate in the
program described under section 3.
SEC. 3. VETERANS SMALL BUSINESS ENTREPRENEURSHIP PROGRAM.
(a) Establishment.--The Secretary of Veterans Affairs shall, in
consultation with the Administrator of the Small Business
Administration, establish a program (hereinafter in this Act referred
to as ``the Program'') under which the Secretary may approve an
eligible veteran to use Program benefits to start or acquire a
qualifying business enterprise.
(b) Amount and Payment of Benefits.--
(1) In general.--Under the Program, the Secretary shall
provide for an eligible veteran to use the veteran's
entitlement to educational assistance under chapter 30 or 33 of
title 38, United States Code, in accordance with this Act.
(2) Amount.--
(A) In general.--The maximum amount of benefits
made available to a veteran under the Program shall not
exceed the maximum value of--
(i) in the case of a veteran entitled to
educational assistance under chapter 33 of
title 38, United States Code, the amount equal
to 36 months of educational assistance at the
rate in effect under section 3313(c)(ii)(II) of
such title; and
(ii) in the case of a veteran entitled to
educational assistance under chapter 30 of such
title, the amount equal to 36 months of
educational assistance at the rate in effect
under section 3015(a)(1) of such title.
(B) Charge to entitlement.--A veteran who receives
a payment under the Program shall be charged for 36
months of the veteran's entitlement to educational
assistance under chapter 30 or 33 of title 38, United
States Code.
(3) Payment.--Payments to eligible veterans under the
Program shall be made as follows:
(A) In the case of a veteran who is using the funds
to start a new business enterprise, payment shall be
made in not less than two lump-sum amounts, the first
of which shall not exceed $2,500, to be used for the
development of the business plan, and the balance to be
paid upon the approval of the business plan.
(B) In the case of a veteran who is using the funds
to purchase an existing business enterprise or
franchise business enterprise, payment shall be made in
one lump-sum amount.
(C) In the case of a veteran who is using the funds
to purchase capital equipment, durable expense items,
or professional services that the Secretary determines
are essential to operating a qualifying business,
payment shall be made in one or more lump-sum amounts.
(c) Eligibility.--An individual shall be an eligible veteran for
purposes of the Program if that individual--
(1) is a veteran;
(2) has completed at least--
(A) 36 months of full-time active duty service in
the Armed Forces; or
(B) 24 months of full-time active duty service in
the Armed Forces before being discharged or separated
for a service-connected disability, as that term is
defined in section 101 of title 38, United States Code;
(3) is entitled to 36 months of educational assistance
under chapter 30 or 33 of title 38, United States Code;
(4) has last been discharged or separated from active duty
service in the Armed Forces not more than 15 years before
submitting an application to participate in the Program; and
(5) submits to the Secretary an application, in such form
and containing such information as the Secretary may require,
including the information described in subsection (f).
(d) Use of Program Benefits.--An eligible veteran participating in
the Program may use the Program benefits--
(1) in accordance with such limitations as the Secretary,
in consultation with the Administrator, may by rule establish;
and
(2) for such purposes related to starting or acquiring a
qualifying business enterprise as the Secretary, in
consultation with the Administrator, determines appropriate,
including--
(A) purchasing goods or services necessary for the
operation, expansion, or startup of a qualifying
business enterprise;
(B) funding a project that is directed toward any
economic development objective described under section
501(d) of the Small Business Investment Act of 1958;
(C) attending an entrepreneurship readiness program
approved by the Secretary and designed to prepare the
veteran for, and lead to the immediate subsequent
ownership and management by the veteran of, a
qualifying business enterprise; and
(D) acquiring a qualifying business enterprise.
(e) Qualifying Business Enterprises.--The Secretary, in
consultation with the Administrator, shall by rule establish a list of
categories of business enterprises that the Secretary determines to be
``qualifying business enterprises'' for purposes of the Program,
including the following:
(1) A small business concern (as such term is defined in
section 3(a) of the Small Business Act).
(2) Franchise business enterprises.
(3) Existing business enterprises in which the eligible
veteran has an ownership stake.
(4) Any other business enterprise the Secretary, in
consultation with the Administrator, determines appropriate and
in accordance with the purposes of the Program.
(f) Documentation Requirements.--The Secretary, in considering an
application from an eligible veteran, may not approve that application
unless that application includes the following:
(1) A description of the use of the Program benefits,
including an identification and description of the qualifying
business enterprise.
(2) A certification that the eligible veteran applying to
participate in the Program shall complete such education and
training relevant to the ownership and operation of the
qualifying business enterprise as the Secretary determines
appropriate, including, in the case of a startup, a Small
Business Development Center program (as described in section 21
of the Small Business Act) designed to result in the completion
of a business plan for the qualifying business enterprise.
(3) With regard to each category of qualifying business
enterprise (as established in the list described in subsection
(e)), such certifications as the Secretary, in consultation
with the Administrator, shall by rule require, including--
(A) in the case of a business enterprise already in
operation at the time of the application, such evidence
as the Secretary, in consultation with the
Administrator, determines appropriate of--
(i) good standing;
(ii) profitable operation; and
(iii) guarantees pertaining to the purchase
of the enterprise;
(B) in the case of a franchise business enterprise,
such evidence as the Secretary, in consultation with
the Administrator, determines appropriate of--
(i) compliance with applicable State and
Federal laws on franchises;
(ii) training in conformation with the
industry standard; and
(iii) an acceptably low loan failure rate
of similarly situated business enterprises for
loans guaranteed under the Small Business Act;
and
(C) in the case of a business enterprise that is a
startup, or that is otherwise not in operation at the
time of the application--
(i) a business plan for the operation of
that enterprise, prepared with the assistance
of any agency that the Secretary determines
appropriate, that leads to profitable operation
within a reasonable time frame, and that
includes such other information as the
Secretary, in consultation with the
Administrator, determines appropriate; or
(ii) a business plan approved by a person
designated by the Secretary, in consultation
with the Administrator, from among--
(I) any department or agency of the
Federal government;
(II) an institution or higher
learning; or
(III) a non profit enterprise.
SEC. 4. USE OF BENEFITS IN QUALIFYING FOR SMALL BUSINESS LOANS AND FARM
LOAN.
(a) Small Business Loans.--In determining the creditworthiness of a
veteran for a loan guaranteed by the Administrator under the Small
Business Act, all benefits made available to the veteran under the
program established under section 3 shall be taken into account.
(b) Farm Loans.--In determining the creditworthiness of a veteran
for a loan made or guaranteed pursuant to the Consolidated Farm and
Rural Development Act, the Secretary of Agriculture shall take into
account all benefits made available to the veteran under the program
established under section 3.
SEC. 5. SURVIVORS' BENEFITS.
(a) In General.--In the event that a veteran who has received more
than $2,500 in benefits under this Act dies before receiving the
balance of any benefits payable to the veteran under this Act, the
Secretary may pay any benefits approved to be paid to the veteran to a
survivor of the veteran who is designated by the veteran for such
purpose.
(b) Limitation on Survivor Eligibility.--To be eligible to be a
survivor of a veteran for purposes of this section, an individual must
be at least 18 years of age at the time of death of the veteran and
must have inherited the business from the veteran at the time of the
veteran's death.
(c) Period of Survivor Eligibility.--The period during which a
survivor of a veteran is eligible to receive benefits under this
section is the greater of--
(1) the five-year period beginning on the date of the
veteran's death; or
(2) the period beginning on the date of the veteran's death
and ending upon the termination of the longest term of any
business loan obtained by the veteran before the veteran's
death for the business enterprise for which the veteran
received benefits under this Act.
(d) Limitation on Use of Funds To Secure Loans.--A survivor of a
veteran who receives benefits under this section may not use the
benefits to secure any new loan.
(e) Duplication of Benefits.--If the survivor of a veteran who
receives benefits under this section is also eligible to receive
benefits under section 3, the survivor may not use benefits payable
under section 3 for a business enterprise other than the business
enterprise for which the veteran receives benefits under this section.
The survivor may use benefit payable to the survivor under section 3 to
affect the transfer into the survivor's name of 100 percent of the
assets, liabilities, and operations of the business enterprise for
which the veteran receives benefits under this section.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``Secretary'' means the Secretary of Veterans
Affairs.
(2) The term ``Administrator'' means the Administrator of
the Small Business Administration.
(3) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
(4) The term ``institution of higher learning'' has the
meaning given such term in 3452(f) of title 38, United States
Code.
(5) The term ``Program benefits'' means payments described
in section 3.
(6) The term ``franchise business enterprise'' means any
continuing commercial relationship or arrangement, whatever it
may be called, in which the terms of the offer or contract
specify, or the franchise seller promises or represents, orally
or in writing, that--
(A) the franchisee will obtain the right to operate
a business that is identified or associated with the
franchisor's trademark, or to offer, sell, or
distribute goods, services, or commodities that are
identified or associated with the franchisor's
trademark;
(B) the franchisor will exert or has authority to
exert a significant degree of control over the
franchisee's method of operation, or provide
significant assistance in the franchisee's method of
operation; and
(C) as a condition of obtaining or commencing
operation of the franchise business enterprise, the
franchisee makes a required payment or commits to make
a required payment to the franchisor or its affiliate.
(7) The term ``franchisee'' means any person who is granted
a franchise business enterprise.
(8) The term ``franchisor'' means any person who grants a
franchise business enterprise and participates in the franchise
relationship. Unless otherwise stated, such term includes
subfranchisors.
(9) The term ``subfranchisor'' means a person who functions
as a franchisor by engaging in both pre-sale activities and
post-sale performance.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date that is one year after the
date of the enactment of this Act. | Veterans Entrepreneurial Transition Act of 2011 or the VET Act of 2011 - Directs the Secretary of Veterans Affairs (VA) to establish a veterans small business entrepreneurship program under which the Secretary may approve an eligible veteran entitled to certain VA educational assistance (under the all-volunteer force or post-9/11 educational assistance programs) to use up to a specified amount of such entitlements to start or acquire a qualifying business enterprise.
Limits eligibility for the program to veterans who: (1) have completed at least 36 months of full-time active duty service in the Armed Forces or 24 months of such service before being discharged or separated for a service-connected disability, (2) are entitled to 36 months of such educational assistance, and (3) has last been discharged or separated from active duty service a maximum of 15 years before submitting an application with specified information.
Allows a participating veteran to use program benefits, in accordance with limitations the Secretary establishes by rule, for purposes related to starting or acquiring a qualifying business enterprise, including: (1) purchasing goods or services necessary for the operation, expansion, or startup of such an enterprise; (2) funding a project directed toward any economic development objective described under specified provisions of the Small Business Investment Act of 1958; (3) attending an entrepreneurship readiness program to prepare the veteran for, and lead to the immediate subsequent ownership and management by the veteran of, such an enterprise; and (4) acquiring such an enterprise.
Directs the Secretary to establish a list of qualifying business enterprise categories including: (1) small businesses, (2) franchise business enterprises, (3) existing business enterprises in which the veteran has an ownership stake, and (4) any other business enterprise determined appropriate by the Secretary.
Requires that benefits made available to veterans under the program be taken into account in determining a veteran's creditworthiness for small business loans guaranteed under the Small Business Act and for farm loans made or guaranteed pursuant to the Consolidated Farm and Rural Development Act.
Authorizes the Secretary, in the event a veteran dies before receiving the balance of benefits payable under this Act, to pay the approved benefits to a survivor designated by the veteran under specified circumstances. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to establish a program under which certain veterans entitled to educational assistance under the laws administered by the Secretary can use such entitlement to start or purchase a qualifying business enterprise, and for other purposes."} | 2,707 | 459 | 0.675746 | 2.142056 | 0.760736 | 4.02331 | 6.013986 | 0.941725 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Energy Infrastructure
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order
13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to
identification of critical infrastructure where a cybersecurity
incident could reasonably result in catastrophic regional or
national effects on public health or safety, economic security,
or national security.
(2) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(3) Industrial control system.--
(A) In general.--The term ``industrial control
system'' means an operational technology used to
measure, control, or manage industrial functions.
(B) Inclusions.--The term ``industrial control
system'' includes supervisory control and data
acquisition systems, distributed control systems, and
programmable logic or embedded controllers.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Program.--The term ``Program'' means the pilot program
established under section 3.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
SEC. 3. PILOT PROGRAM FOR SECURING ENERGY INFRASTRUCTURE.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall establish a 2-year control systems implementation pilot
program within the National Laboratories for the purposes of--
(1) studying the covered entities in the energy sector that
voluntarily participate in the Program to identify new classes
of security vulnerabilities of the covered entities; and
(2) researching, developing, testing, and implementing
technology platforms and standards to isolate and defend
industrial control systems of covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities, including--
(A) analog and nondigital control systems;
(B) purpose-built control systems; and
(C) physical controls.
SEC. 4. WORKING GROUP.
(a) Establishment.--The Secretary shall establish a working group--
(1) to evaluate the technology platforms and standards used
in the Program under section 3(2); and
(2) to develop a national cyber-informed engineering
strategy to isolate and defend covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities.
(b) Membership.--The working group established under subsection (a)
shall be composed of not fewer than 10 members, to be appointed by the
Secretary, at least 1 member of which shall represent each of the
following:
(1) The Department of Energy.
(2) The energy industry, including electric utilities and
manufacturers recommended by the Energy Sector coordinating
councils.
(3)(A) The Department of Homeland Security; or
(B) the Industrial Control Systems Cyber Emergency Response
Team.
(4) The North American Electric Reliability Corporation.
(5) The Nuclear Regulatory Commission.
(6)(A) The Office of the Director of National Intelligence;
or
(B) the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)).
(7)(A) The Department of Defense; or
(B) the Assistant Secretary of Defense for Homeland
Security and America's Security Affairs.
(8) A State or regional energy agency.
(9) A national research body or academic institution.
(10) The National Laboratories.
SEC. 5. REPORT.
Not later than 2 years after the date on which funds are first
disbursed under the Program, the Secretary shall submit to the
appropriate committees of Congress a final report that--
(1) describes the results of the Program;
(2) includes an analysis of the feasibility of each method
studied under the Program; and
(3) describes the results of the evaluations conducted by
the working group established under section 4(a).
SEC. 6. NO NEW REGULATORY AUTHORITY.
Nothing in this Act authorizes the Secretary or the head of any
other Federal agency to issue new regulations.
SEC. 7. EXEMPTION FROM DISCLOSURE.
Information shared by or with the Federal Government or a State,
tribal, or local government under this Act shall be--
(1) deemed to be voluntarily shared information; and
(2) exempt from disclosure under any provision of Federal,
State, tribal, or local freedom of information law, open
government law, open meetings law, open records law, sunshine
law, or similar law requiring the disclosure of information or
records.
SEC. 8. PROTECTION FROM LIABILITY.
(a) In General.--A cause of action against a covered entity for
engaging in the voluntary activities authorized under section 3--
(1) shall not lie or be maintained in any court; and
(2) shall be promptly dismissed by the applicable court.
(b) Voluntary Activities.--Nothing in this Act subjects any covered
entity to liability for not engaging in the voluntary activities
authorized under section 3.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Pilot Program.--There is authorized to be appropriated
$10,000,000 to carry out section 3.
(b) Working Group and Report.--There is authorized to be
appropriated $1,500,000 to carry out sections 4 and 5.
(c) Availability.--Amounts made available under subsections (a) and
(b) shall remain available until expended. | Securing Energy Infrastructure Act This bill establishes a two-year pilot program within the Department of Energy's (DOE)national laboratories to identify thesecurity vulnerabilities of certain entities in the energy sector, and research and test technology that can be used to isolate the most critical systems of such entities from cyber-attacks. In addition,DOE must establish a working group to evaluate the technology solutions proposed by the national laboratories and to develop a national cyber strategy to isolate the energy grid from attacks. DOE must also submit a report to Congress describing the results of the pilot program, assessing the feasibility of the techniques considered, and outlining the results of the working group's evaluation. | {"src": "billsum_train", "title": "Securing Energy Infrastructure Act"} | 1,245 | 145 | 0.552244 | 1.523235 | 0.704649 | 2.031746 | 9.309524 | 0.793651 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Fairness and Tax Relief
Act of 2003''.
SEC. 2. AGREEMENTS WITH STATES HAVING QUALIFIED WORKER TRAINING
PROGRAMS.
(a) In General.--Any State, the State unemployment compensation law
of which is approved by the Secretary of Labor (hereinafter in this Act
referred to as the ``Secretary'') under section 3304 of the Internal
Revenue Code of 1986, which desires to do so, may enter into and
participate in an agreement with the Secretary under this Act, if such
State law contains (as of the date such agreement is entered into) a
requirement that special unemployment assistance be payable to
individuals participating in a qualified worker training program, as
described in subsection (b). Any State which is a party to an agreement
under this Act may, upon providing 30 days' written notice to the
Secretary, terminate such agreement.
(b) Qualified Worker Training Program.--For purposes of this Act,
the term ``qualified worker training program'' means a program--
(1) under which individuals who meet the requirements
described in paragraph (3) are eligible to receive special
unemployment assistance while participating in the program;
(2) under which the assistance described in paragraph (1)
is payable in the same amount, at the same interval, on the
same terms, and subject to the same conditions, as regular
compensation under the State law, except that--
(A) State requirements relating to availability for
work, active search for work, and refusal to accept
work are not applicable to such individuals;
(B) assistance shall not be payable after the end
of the 12-month period following the last day of the
individual's benefit year; and
(C) such individuals are considered to be
unemployed for the purposes of Federal and State laws
applicable to unemployment compensation,
as long as such individuals meet the requirements applicable
under this subsection;
(3) under which individuals may receive the assistance
described in paragraph (1) if such individuals--
(A)(i)(I) have exhausted all rights to regular
compensation under the State law;
(II) have exhausted all rights to extended
compensation, or are not entitled thereto, because of
the ending of their eligibility for extended
compensation, in such State;
(ii) have no rights to compensation (including both
regular compensation and extended compensation) with
respect to a week under such law or any other State
unemployment compensation law or to compensation under
any other Federal law;
(iii) are not receiving compensation with respect
to such week under the unemployment compensation law of
Canada or any other foreign country;
(B)(i) were terminated as a result of any permanent
closure of a plant or facility; or
(ii) are identified pursuant to a State worker
profiling system as individuals who--
(I) are long-term unemployed and have
limited opportunities for employment or
reemployment in the same or a similar
occupation in the area in which they reside;
(II) are otherwise unlikely to return to
their previous industry or occupation; or
(III) satisfy such other criteria as may be
established in or under the agreement for
purposes of this subclause; and
(C) are actively participating in training
activities approved by the State agency preparing them
for suitable reemployment; and
(4) which meets such other requirements as the Secretary
determines to be appropriate.
SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS.
(a) In General.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to the
applicable percentage of the covered costs of the qualified worker
training program of such State.
(b) Definitions.--For purposes of this section:
(1) Applicable percentage.--The term ``applicable
percentage'', with respect to a State which has entered into an
agreement under this Act, means--
(A) during each of the first 3 calendar years
beginning on the date on which such agreement is
entered into, 100 percent; and
(B) during each calendar year thereafter, 50
percent.
(2) Covered costs.--The term ``covered costs'', with
respect to a qualified worker training program, means--
(A) the amount of special unemployment assistance
(as described in section 3(b)(1)) paid under such
program; and
(B) such amount as the Secretary determines to be
necessary for the proper and efficient administration
of such program.
(c) Method of Payment.--Sums payable to any State by reason of such
State's having an agreement under this Act shall be payable, either in
advance or by way of reimbursement (as determined by the Secretary), in
such amounts as the Secretary estimates the State will be entitled to
receive under this Act for each calendar month, reduced or increased,
as the case may be, by any amount by which the Secretary finds that the
Secretary's estimates for any prior calendar month were greater or less
than the amounts which should have been paid to the State. Such
estimates may be made on the basis of such statistical, sampling, or
other method as may be agreed upon by the Secretary and the State
agency of the State involved.
SEC. 4. FINANCING PROVISIONS.
(a) In General.--Payments to States under section 3 shall be made
in accordance with this section.
(b) Certifications.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this Act. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payments to the State in accordance with such certification, by
transfers from general funds in the Treasury to--
(1) the account of such State in the Unemployment Trust
Fund, to the extent that such payment is allocable to costs
described in section 3(b)(2)(A); and
(2) such fund or other repository as may be agreed upon by
the Secretary and the State agency of the State involved, to
the extent that such payment is allocable to costs described in
section 3(b)(2)(B).
SEC. 5. DEFINITIONS.
For purposes of this Act, the terms ``State'', ``State law'',
``State agency'', ``regular compensation'', ``extended compensation'',
``benefit year'', and ``week'' shall have the respective meanings
assigned to them under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970.
SEC. 6. REPORTS BY THE SECRETARY OF LABOR.
The Secretary shall prepare and transmit to the Congress on an
annual basis a written report on the operation of this Act, including--
(1) an assessment of this Act's effectiveness within those
States having an agreement in effect under this Act during the
period covered by the report;
(2) the name of any State whose request to enter into an
agreement under this Act was disapproved during the period
covered by the report, including the reasons for each such
decision; and
(3) such other information as the Secretary considers
appropriate.
SEC. 7. REPEAL OF TAX ON UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 85 of the Internal Revenue Code of 1986 is
hereby repealed.
(b) Conforming Amendments.--
(1) Subsection (p) of section 3402 of such Code is amended
by striking paragraph (2) and by redesignating paragraph (3) as
paragraph (2).
(2) Section 6050B of such Code (relating to returns
relating to unemployment compensation) is hereby repealed.
(3) The table of sections for part II of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 85.
(4) The table of sections for subpart B of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6050B.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after December 31, 2002. | Workforce Fairness and Tax Relief Act of 2003 - Authorizes Federal payments to States for certain portions of a State's special unemployment assistance for individuals participating in qualified worker training programs.
Provides for payment agreements between the Secretary of Labor and States that: (1) have a State unemployment compensation law approved by the Secretary; and (2) are required by State law to pay such special assistance to such trainees. Amends the Internal Revenue Code to repeal the tax on unemployment compensation. | {"src": "billsum_train", "title": "To provide for the payment or reimbursement by the Federal Government of special unemployment assistance paid by States to individuals participating in qualified worker training programs, and for other purposes."} | 1,742 | 100 | 0.567869 | 1.365612 | 1.184787 | 2.423913 | 18.043478 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Market Access Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Americans unjustly pay up to 1000 percent more to fill
their prescriptions than consumers in other countries.
(2) The United States is the world's largest market for
pharmaceuticals yet consumers still pay the world's highest
prices.
(3) An unaffordable drug is neither safe nor effective.
Allowing and structuring the importation of prescription drugs
ensures access to affordable drugs, thus providing a level of
safety to American consumers they do not currently enjoy.
(4) According to the Congressional Budget Office, American
seniors alone will spend $1.8 trillion dollars on
pharmaceuticals over the next ten years.
(5) Allowing open pharmaceutical markets could save
American consumers at least $635 billion of their own money
each year.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To give all Americans immediate relief from the
outrageously high cost of pharmaceuticals.
(2) To reverse the perverse economics of the American
pharmaceutical markets.
(3) To allow the importation of drugs only if the drugs and
the facilities where they are manufactured are approved by the
Food and Drug Administration, and to exclude pharmaceutical
narcotics.
(4) To require that imported prescription drugs be packaged
and shipped using counterfeit-resistant technologies approved
by the Bureau of Engraving and Printing (technologies similar
to those used to secure United States currency).
SEC. 4. IMPORTATION OF PRESCRIPTION DRUGS.
Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
384) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting
``Not later than 180 days after the date of the
enactment of the Pharmaceutical Market Access Act of
2003, the Secretary''; and
(B) by striking ``pharmacists and wholesalers'' and
inserting ``pharmacists, wholesalers, and qualifying
individuals'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) require that each covered product imported pursuant
to such subsection complies with sections 501, 502, and 505,
and other applicable requirements of this Act; and'';
(B) in paragraph (2), by striking ``, including
subsection (d); and'' and inserting a period; and
(C) by striking paragraph (3);
(3) in subsection (c), by inserting ``by pharmacists and
wholesalers (but not qualifying individuals)'' after
``importation of covered products'';
(4) in subsection (d)--
(A) by striking paragraphs (3) and (10);
(B) in paragraph (5), by striking ``, including the
professional license number of the importer, if any'';
(C) in paragraph (6)--
(i) in subparagraph (C), by inserting ``(if
required under subsection (e))'' before the
period;
(ii) in subparagraph (D), by inserting
``(if required under subsection (e))'' before
the period; and
(iii) in subparagraph (E), by striking
``labeling'';
(D) in paragraph (7)--
(i) in subparagraph (A), by inserting ``(if
required under subsection (e))'' before the
period; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Certification from the importer or
manufacturer of such product that the product meets all
requirements of this Act.''; and
(E) by redesignating paragraphs (4) through (9) as
paragraphs (3) through (8), respectively;
(5) by amending subsection (e) to read as follows:
``(e) Testing.--
``(1) In general.--Subject to paragraph (2), regulations
under subsection (a) shall require that testing referred to in
paragraphs (5) through (7) of subsection (d) be conducted by
the importer of the covered product, unless the covered product
is a prescription drug subject to the requirements of section
505B for counterfeit-resistant technologies.
``(2) Exception.--The testing requirements of paragraphs
(5) through (7) of subsection (d) shall not apply to an
importer unless the importer is a wholesaler.'';
(6) in subsection (f), by striking ``or designated by the
Secretary, subject to such limitations as the Secretary
determines to be appropriate to protect the public health'';
(7) in subsection (g)--
(A) by striking ``counterfeit or''; and
(B) by striking ``and the Secretary determines that
the public is adequately protected from counterfeit and
violative covered products being imported pursuant to
subsection (a)'';
(8) in subsection (i)(1)--
(A) by amending subparagraph (A) to read as
follows:
``(A) In general.--The Secretary shall conduct, or
contract with an entity to conduct, a study on the
imports permitted pursuant to subsection (a), including
consideration of the information received under
subsection (d). In conducting such study, the Secretary
or entity shall evaluate the compliance of importers
with regulations under subsection (a), and the
incidence of shipments pursuant to such subsection, if
any, that have been determined to be misbranded or
adulterated, and determine how such compliance
contrasts with the incidence of shipments of
prescription drugs transported within the United States
that have been determined to be misbranded or
adulterated.''; and
(B) in subparagraph (B), by striking ``Not later
than 2 years after the effective date of final
regulations under subsection (a),'' and inserting ``Not
later than 18 months after the date of the enactment of
the Pharmaceutical Market Access Act of 2003,'';
(9) in subsection (k)(2)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) The term `qualifying individual' means an
individual who is not a pharmacist or a wholesaler. '';
and
(10) by striking subsections (l) and (m).
SEC. 5. USE OF COUNTERFEIT-RESISTANT TECHNOLOGIES TO PREVENT
COUNTERFEITING.
(a) Misbranding.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352; deeming drugs and devices to be
misbranded) is amended by adding at the end the following:
``(w) If it is a drug subject to section 503(b), unless the
packaging of such drug complies with the requirements of section 505B
for counterfeit-resistant technologies.''.
(b) Requirements.--Title V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505A
the following:
``SEC. 505B. COUNTERFEIT-RESISTANT TECHNOLOGIES.
``(a) Incorporation of Counterfeit-Resistant Technologies Into
Prescription Drug Packaging.--The Secretary shall require that the
packaging of any drug subject to section 503(b) incorporate--
``(1) overt optically variable counterfeit-resistant
technologies that are described in subsection (b) and comply
with the standards of subsection (c); or
``(2) technologies that have an equivalent function of
security, as determined by the Secretary.
``(b) Eligible Technologies.--Technologies described in this
subsection--
``(1) shall be visible to the naked eye, providing for
visual identification of product authenticity without the need
for readers, microscopes, lighting devices, or scanners;
``(2) shall be similar to that used by the Bureau of
Engraving and Printing to secure United States currency;
``(3) shall be manufactured and distributed in a highly
secure, tightly controlled environment; and
``(4) should incorporate additional layers of non-visible
covert security features up to and including forensic
capability.
``(c) Standards for Packaging.--
``(1) Multiple elements.--For the purpose of making it more
difficult to counterfeit the packaging of drugs subject to
section 503(b), manufacturers of the drugs shall incorporate
the technologies described in subsection (b) into multiple
elements of the physical packaging of the drugs, including
blister packs, shrink wrap, package labels, package seals,
bottles, and boxes.
``(2) Labeling of shipping container.--Shipments of drugs
described in subsection (a) shall include a label on the
shipping container that incorporates the technologies described
in subsection (b), so that officials inspecting the packages
will be able to determine the authenticity of the shipment.
Chain of custody procedures shall apply to such labels and
shall include procedures applicable to contractual agreements
for the use and distribution of the labels, methods to audit
the use of the labels, and database access for the relevant
governmental agencies for audit or verification of the use and
distribution of the labels.''.
Passed the House of Representatives July 25 (legislative
day, July 24), 2003.
Attest:
JEFF TRANDAHL,
Clerk. | Pharmaceutical Market Access Act of 2003 - (Sec. 4) Amends the Federal Food, Drug and Cosmetic Act to direct the Secretary of Health and Human Services to promulgate regulations allowing qualifying individuals to import covered products (in addition to pharmacists and wholesalers, whom current law authorizes to import such products).
Amends provision pertaining to record keeping regarding imported covered products. States that the Secretary shall not have to store records in cases in which qualifying individuals have imported a covered product.
Amends provisions regarding the importation of covered products, including to remove language directing the Secretary to require that a foreign seller specify the original source of the product and the amount of each lot of the product originally received. Amends provisions regarding the testing of imported covered products. Declares that specified tests, including ones involving authenticity and degradation of products, shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer unless a product is a prescription drug subject to the provisions of this Act pertaining to counterfeit-resistant packaging. (Currently either the importer or the manufacturer may conduct such tests). Eliminates the sunset date current law establishes for the provisions pertaining to the importation of covered products. (Sec. 5) Classifies prescription drugs as misbranded if they do not incorporate specified counterfeit-resistant technologies in packaging. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to promulgate regulations for the reimportation of prescription drugs, and for other purposes."} | 2,096 | 301 | 0.526753 | 1.632675 | 0.762026 | 1.834646 | 7.751969 | 0.76378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Success for High Need
Students Act of 2003''.
SEC. 2. HIGH COST FUND FOR LOCAL EDUCATIONAL AGENCIES.
Part B of the Individuals with Disabilities Education Act (20
U.S.C. 1411 et seq.) is amended by adding at the end the following:
``SEC. 620. HIGH COST FUND FOR LOCAL EDUCATIONAL AGENCIES.
``(a) Definitions.--In this section:
``(1) Average per-pupil expenditure.--The term `average
per-pupil expenditure' has the meaning given the term in
section 9101 of the Elementary and Secondary Education Act of
1965.
``(2) High need child.--The term `high need child' means a
child with a disability for whom a free appropriate public
education in a fiscal year costs more than 4 times the average
per-pupil expenditure for such fiscal year.
``(b) Authorization of Grant Program and Allotment.--
``(1) Reservation.--From funds appropriated under
subsection (h), the Secretary shall reserve--
``(A) not more than 1 percent to assist the
outlying areas in providing a free appropriate public
education to children with disabilities in such areas
for whom a free appropriate public education costs more
than 4 times the national average per-pupil expenditure
or 4 times the average per-pupil expenditure in the
outlying area; and
``(B) 1.226 percent to assist the Secretary of the
Interior in providing a free appropriate public
education to children with disabilities on reservations
who are enrolled in schools for Indian children
operated or funded by the Secretary of the Interior for
whom a free appropriate public education costs more
than 4 times the national average per-pupil expenditure
or 4 times the average per-pupil expenditure in such
schools.
``(2) Grant Program.--From funds appropriated under
subsection (h), and not reserved under paragraph (1), the
Secretary shall award grants to State educational agencies,
from allotments under paragraph (3), to enable the State
educational agencies to establish high cost funds, as described
in subsection (c), from which local educational agencies shall
receive disbursements to pay a percentage of the costs of
providing a free appropriate public education to high need
children and other high costs, as described in subsection
(c)(3), associated with educating children with disabilities.
``(3) Allotment.--From funds appropriated under subsection
(h) for a fiscal year, and not reserved under paragraph (1),
the Secretary shall allot to each State an amount that bears
the same ratio to such funds as the amount the State received
under section 611 for the fiscal year bears to the total amount
received by all States under that section for the fiscal year.
``(c) High Cost Fund.--
``(1) In general.--Each State educational agency that
receives a grant under subsection (b) shall--
``(A) use the grant funds to establish a high cost
fund; and
``(B) make disbursements from the high cost fund to
local educational agencies in accordance with this
subsection.
``(2) Required disbursements from the fund.--
``(A) In general.--Each State educational agency
that receives a grant under subsection (b) shall make
disbursements from the fund established under paragraph
(1) to local educational agencies to pay the percentage
described in subparagraph (C) of the costs of providing
a free appropriate public education to high need
children.
``(B) Application.--
``(i) In general.--A local educational
agency that desires a disbursement under this
paragraph shall submit an application to the
State educational agency at such time, in such
manner, and containing such information as the
State educational agency may require.
``(ii) Contents.--An application submitted
pursuant to clause (i) shall contain the
following:
``(I) A figure that reflects the
costs of providing a free appropriate
public education to each high need
child served by the local educational
agency in a fiscal year for whom such
agency desires a disbursement under
this section.
``(II) The IEP for each high need
child served by the local educational
agency for whom such agency desires a
disbursement under this section.
``(III) Assurances that grant funds
provided under this section shall not
be used to pay costs that otherwise
would be reimbursable as medical
assistance for a child with a
disability under the State medicaid
program under title XIX of the Social
Security Act.
``(C) Disbursements.--
``(i) In general.--Subject to subparagraph
(D), a State educational agency shall make a
disbursement to a local educational agency that
submits an application under subparagraph (B)
in an amount that is equal to 75 percent of the
costs that are in excess of 4 times the average
per-pupil expenditure in either the Nation or
the State where the child resides (calculated
from whichever average per-pupil expenditure is
lower) associated with educating each high need
child served by such local educational agency
in a fiscal year for whom such agency desires a
disbursement.
``(ii) Appropriate costs.--The costs
associated with educating a high need child
under clause (i) are only those costs
associated with providing special education and
related services to such child that are
identified in such child's appropriately
developed IEP.
``(D) Disallowance of certain payments.--A State
educational agency may disallow payment of certain
costs included in the figure submitted by a local
educational agency under subparagraph (B)(ii)(I) if
such costs are determined by the State educational
agency to be inappropriate or unnecessary excess costs
associated with providing a free appropriate public
education to a high need child.
``(E) Legal fees.--The costs associated with
providing a free appropriate public education to a high
need child shall not include legal fees, court costs,
or other costs associated with a cause of action
brought on behalf of such child to ensure a free
appropriate public education for such child.
``(3) Permissible disbursements from remaining funds.--A
State educational agency may make disbursements to local
educational agencies from any funds that are remaining in the
high cost fund after making the required disbursements under
paragraph (2) for a fiscal year for the following purposes:
``(A) To pay the costs associated with serving
children with disabilities who moved into the areas
served by such local educational agencies after
commencement of the school year to assist the local
educational agencies in providing a free appropriate
public education for such children in such year.
``(B) To compensate local educational agencies that
expend over a threshold amount determined by the State
educational agency on costs associated with providing a
free appropriate public education to all children with
disabilities served by such agencies.
``(4) Limitation on administrative costs.--A State
educational agency may use not more than 2 percent of the funds
received under this section for the administrative costs of
carrying out such agency's responsibilities under this section.
``(d) Assurance of a Free Appropriate Public Education.--Nothing in
this section shall be construed--
``(1) to limit or condition the right of a child with a
disability who is assisted under this part to receive a free
appropriate public education pursuant to section 612(a)(1) in a
least restrictive environment pursuant to section 612(a)(5);
and
``(2) to authorize a State educational agency or local
educational agency to indicate a limit on what is expected to
be spent on the education of a child with a disability.
``(e) Evaluation and Report.--The Secretary shall--
``(1) evaluate the effectiveness of the high cost funds
established pursuant to this section; and
``(2) submit a report to the appropriate committees of
Congress on such evaluation.
``(f) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant other Federal,
State, and local funds available for providing a free appropriate
public education for children with disabilities.
``(g) Medicaid Services Not Affected.--Grant funds provided under
this section shall not be used to pay costs that otherwise would be
reimbursable as medical assistance for a child with a disability under
the State medicaid program under title XIX of the Social Security Act.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $750,000,000 for fiscal year
2004 and such sums as may be necessary for each succeeding fiscal
year.''. | Supporting Success for High Need Students Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to direct the Secretary of Education to make grants to State educational agencies (SEAs) to establish high-cost funds from which local educational agencies (LEAs) are paid a portion of: (1) the costs of providing a free appropriate public education to high-need children; and (2) other high costs associated with educating children with disabilities under IDEA part B.Allocates such grants to States using the IDEA part B allotment formula; and authorizes appropriations for such targeted grants. Permits LEAs to apply for disbursements from the SEA's high-cost fund to offset 75 percent of that portion of a high-need student's education that costs more than four times the average per pupil expenditure (in the Nation or State, whichever is lower). Allows disbursements to cover education and related services included in an appropriately formulated Individualized Education Plan. Prohibits use of such disbursements to pay: (1) costs otherwise reimbursable as medical assistance under the State Medicaid program; (2) inappropriate or unnecessary excess costs disallowed by the SEA; or (2) legal, court, or other costs associated with a cause of action brought to ensure a free appropriate public education for a high-need child. | {"src": "billsum_train", "title": "A bill to amend the Individuals with Disabilities Education Act to provide grants to State educational agencies to establish high cost funds from which local educational agencies are paid a percentage of the costs of providing a free appropriate public education to high need children and other high costs associated with educating children with disabilities, and for other purposes."} | 1,957 | 303 | 0.611009 | 1.771712 | 0.8845 | 2.798387 | 7.149194 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Botnet Prevention Act of 2016''.
SEC. 2. SHUTTING DOWN BOTNETS.
(a) Amendment.--Section 1345 of title 18, United States Code, is
amended--
(1) in the heading, by inserting ``and abuse'' after
``fraud'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by inserting
``or'' after the semicolon; and
(iii) by inserting after subparagraph (C)
the following:
``(D) violating or about to violate section 1030(a)(5) of
this title where such conduct has caused or would cause damage
(as defined in section 1030) without authorization to 100 or
more protected computers (as defined in section 1030) during
any 1-year period, including by--
``(i) impairing the availability or integrity of
the protected computers without authorization; or
``(ii) installing or maintaining control over
malicious software on the protected computers that,
without authorization, has caused or would cause damage
to the protected computers;''; and
(B) in paragraph (2), by inserting ``, a violation
described in subsection (a)(1)(D),'' before ``or a
Federal''; and
(3) by adding at the end the following:
``(c) A restraining order, prohibition, or other action described
in subsection (b), if issued in circumstances described in subsection
(a)(1)(D), may, upon application of the Attorney General--
``(1) specify that no cause of action shall lie in any
court against a person for complying with the restraining
order, prohibition, or other action; and
``(2) provide that the United States shall pay to such
person a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in complying
with the restraining order, prohibition, or other action.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 63 of title 18, United States Code, is amended by striking the
item relating to section 1345 and inserting the following:
``1345. Injunctions against fraud and abuse.''.
SEC. 3. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE COMPUTER.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1030 the following:
``Sec. 1030A. Aggravated damage to a critical infrastructure computer
``(a) Offense.--It shall be unlawful, during and in relation to a
felony violation of section 1030, to knowingly cause or attempt to
cause damage to a critical infrastructure computer, if such damage
results in (or, in the case of an attempted offense, would, if
completed, have resulted in) the substantial impairment--
``(1) of the operation of the critical infrastructure
computer; or
``(2) of the critical infrastructure associated with such
computer.
``(b) Penalty.--Any person who violates subsection (a) shall, in
addition to the term of punishment provided for the felony violation of
section 1030, be fined under this title, imprisoned for not more than
20 years, or both.
``(c) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court shall not place any person convicted of a
violation of this section on probation;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any term of imprisonment imposed on the
person under any other provision of law, including any term of
imprisonment imposed for the felony violation of section 1030;
``(3) in determining any term of imprisonment to be imposed
for the felony violation of section 1030, a court shall not in
any way reduce the term to be imposed for such violation to
compensate for, or otherwise take into account, any separate
term of imprisonment imposed or to be imposed for a violation
of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court,
run concurrently, in whole or in part, only with another term
of imprisonment that is imposed by the court at the same time
on that person for an additional violation of this section, if
such discretion shall be exercised in accordance with any
applicable guidelines and policy statements issued by the
United States Sentencing Commission pursuant to section 994 of
title 28.
``(d) Definitions.--In this section--
``(1) the terms `computer' and `damage' have the meanings
given the terms in section 1030; and
``(2) the term `critical infrastructure' means systems and
assets, whether physical or virtual, so vital to the United
States that the incapacity or destruction of such systems and
assets would have catastrophic regional or national effects on
public health or safety, economic security, or national
security.''.
(b) Table of Sections.--The table of sections for chapter 47 of
title 18, United States Code, is amended by inserting after the item
relating to section 1030 the following:
``1030A. Aggravated damage to a critical infrastructure computer.''.
SEC. 4. STOPPING TRAFFICKING IN BOTNETS.
(a) In General.--Section 1030 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (7), by adding ``or'' at the end;
and
(B) by inserting after paragraph (7) the following:
``(8) intentionally traffics in the means of access to a
protected computer, if--
``(A) the trafficker knows or has reason to know
the protected computer has been damaged in a manner
prohibited by this section; and
``(B) the promise or agreement to pay for the means
of access is made by, or on behalf of, a person the
trafficker knows or has reason to know intends to use
the means of access to--
``(i) damage the protected computer in a
manner prohibited by this section; or
``(ii) violate section 1037 or 1343;'';
(2) in subsection (c)(3)--
(A) in subparagraph (A), by striking ``(a)(4) or
(a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)'';
and
(B) in subparagraph (B), by striking ``(a)(4), or
(a)(7)'' and inserting ``(a)(4), (a)(7), or (a)(8)'';
(3) in subsection (e)--
(A) in paragraph (11), by striking ``and'' at the
end;
(B) in paragraph (12), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) the term `traffic', except as provided in subsection
(a)(6), means transfer, or otherwise dispose of, to another as
consideration for the receipt of, or as consideration for a
promise or agreement to pay, anything of pecuniary value.'';
and
(4) in subsection (g), in the first sentence, by inserting
``, except for a violation of subsection (a)(8),'' after ``of
this section''. | Botnet Prevention Act of 2016 This bill amends the federal criminal code to expand prohibited conduct and increase criminal penalties with respect to cybercrime involving damage to computer networks. | {"src": "billsum_train", "title": "Botnet Prevention Act of 2016"} | 1,730 | 41 | 0.443064 | 1.096385 | 0.64687 | 1.413793 | 55 | 0.655172 |
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