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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.--Congress finds that--
(1) The United States makes substantial contributions and
provides significant funding for major international
development projects through the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the African
Development Fund, and other multilateral lending institutions.
(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 requiring the use
of independent third-party procurement monitoring as part of the United
States participation in multilateral development banks and other
lending institutions and in the disbursement of nonhumanitarian foreign
assistance funds.
SEC. 3. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Commerce, Science, and
Technology of the Senate and the Committee 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 the
person monitoring the procurement process does not render any
paid services to private industry and is neither owned nor
controlled by any government or government agency.
(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) Multilateral development banks and other lending
institutions.--The term ``multilateral development banks and
other lending institutions'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, and the
African Development Fund.
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 appropriate committees of Congress a strategic
plan for requiring the use of independent third-party procurement
monitoring and other international procurement reforms relating to the
United States participation in multilateral development banks and other
lending institutions.
(b) Strategic Plan.--The strategic plan shall include an
instruction by the Secretary of the Treasury to the United States
Executive Director of each multilateral development bank and lending
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 recipient international financial institution has
adopted an anticorruption plan that requires the use of
independent third-party procurement monitoring services and
ensures openness and transparency in government procurement;
and
(2) the recipient country 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 Congress on the progress in
implementing procurement reforms made by each multilateral development
bank and lending institution and each country that received assistance
from a multilateral development bank or lending institution during the
preceding year.
(d) Restrictions on Assistance.--Notwithstanding any other
provision of law, no funds appropriated or made available for
nonhumanitarian foreign assistance programs, including the activities
of the Agency for International Development, may be expended for those
programs unless the recipient country, multilateral development bank or
lending institution has demonstrated that--
(1) procurement practices are open, transparent, and free
of corruption, fraud, inefficiency, and other misuse, and
(2) independent third-party procurement monitoring has been
adopted and is being used by the recipient.
SEC. 5. EXCEPTIONS.
(a) National Security Interest.--Section 4 shall not apply with
respect to a country if the President determines with such respect to
such country that making funds available is important to the national
security interest 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 important to the national security
interest 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; and
(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 the recipient country, multilateral development bank or lending institution has demonstrated that: (1) procurement practices are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) the recipient has adopted and is using independent third-party procurement monitoring.
Specifies exceptions to the requirements of this Act. | {"src": "billsum_train", "title": "Fair Competition in Foreign Commerce Act of 1999"} | 1,357 | 95 | 0.590643 | 1.871235 | 0.952672 | 5.666667 | 14.793103 | 0.954023 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Protection Act of
2005''.
SEC. 2. PROTECTION OF LAW ENFORCEMENT OFFICERS.
(a) Assaults.--
(1) Federal law enforcement officers.--Section 111 of title
18, United States Code, is amended by adding at the end the
following:
``(c) Alternate Penalty Where Victim Is a Law Enforcement
Officer.--If the offense is an assault and the victim of the offense
under this section is a law enforcement officer (as defined in section
115), in lieu of the penalties otherwise set forth in this section, the
offender shall be subject to a fine under this title and--
``(1) if the assault resulted in bodily injury (as defined
in section 1365), shall be imprisoned not less than one nor
more than 10 years;
``(2) if the assault resulted in substantial bodily injury
(as defined in section 113), shall be imprisoned not less than
3 nor more than 12 years;
``(3) if the assault resulted in serious bodily injury (as
defined in section 1365), shall be imprisoned not less than 5
nor more than 15 years;
``(4) if a deadly or dangerous weapon was used during and
in relation to the assault, shall be imprisoned not less than 5
nor more than 20 years; and
``(5) shall be subject to imprisonment for not more than 1
year in any other case.''.
(2) Federally funded state and local law enforcement
officers.--
(A) Offense.--Chapter 7 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 117. Protection of federally funded State and local law
enforcement officers
``(a) Whoever assaults a Federally funded State or local law
enforcement officer while engaged in or on account of the performance
of official duties, or assaults any person who formerly served as a
Federally funded State or local law enforcement officer on account of
the performance of such person's official duties during such service
shall be subject to a fine under this title and--
``(1) if the assault resulted in bodily injury (as defined
in section 1365), shall be imprisoned not less than one nor
more than 10 years;
``(2) if the assault resulted in substantial bodily injury
(as defined in section 113), shall be imprisoned not less than
3 nor more than 12 years;
``(3) if the assault resulted in serious bodily injury (as
defined in section 1365), shall be imprisoned not less than 5
nor more than 15 years;
``(4) if a deadly or dangerous weapon was used during and
in relation to the assault, shall be imprisoned not less than 5
nor more than 20 years; and
``(5) shall be imprisoned for not more than 1 year in any
other case.
``(b) As used in this section, the term `Federally funded State or
local law enforcement officer' means an individual involved in crime
and juvenile delinquency control or reduction, or enforcement of the
laws (including a police, corrections, probation, or parole officer)
who works for a public agency (that receives Federal financial
assistance) of a State of the United States or the District of
Columbia.''.
(B) Clerical amendment.--The table of sections at
the beginning of chapter 7 of title 18, United States
Code, is amended by adding at the end the following new
item:
``117. Federally funded State and local law enforcement officers.''.
(b) Killings and Attempts and Conspiracies to Kill.--
(1) Killings and attempted killings of federal law
enforcement officers.--Section 1114 of title 18, United States
Code, is amended--
(A) by inserting ``(a)'' before ``Whoever''; and
(B) by adding at the end the following:
``(b) Alternate Penalty Where Victim Is a Law Enforcement
Officer.--If the victim of the offense under this section is a law
enforcement officer (as defined in section 115), in lieu of the
penalties otherwise set forth in this section, if the offense is
described below, the offender shall be fined under this title and--
``(1) if the offense is murder in the first degree, shall
be punished by death or by imprisonment for life;
``(2) if the offense is murder in the second degree, shall
be punished by imprisonment for any term of years not less than
30, or for life;
``(3) if the offense is voluntary manslaughter, shall be
imprisoned not more than 20 years;
``(4) if the offense is involuntary manslaughter, shall be
imprisoned not more than 10 years; and
``(5) if the offense is attempted murder, shall be
imprisoned for any term of years not less than 25 years, or for
life.''.
(2) New offense relating to killings of federally funded
law enforcement officers.--
(A) In general.--Chapter 51 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 1123. Killings of federally funded State and local law
enforcement officers
``(a) Whoever--
``(1) kills or attempts to kill a Federally funded State or
local law enforcement officer while engaged in or on account of
the performance of official duties or
``(2) kills or attempts to kill any person who formerly
served as a Federally funded State or local law enforcement
officer on account of the performance of such person's official
duties during such service;
shall, if the conduct constituting the offense is described in
subsection (b), be punished as provided in that subsection.
``(b) The punishment for an offense under subsection (a) is a fine
under this title and--
``(1) if the offense is murder in the first degree, death
or imprisonment for life;
``(2) if the offense is murder in the second degree,
imprisonment for any term of years not less than 30, or for
life;
``(3) if the offense is voluntary manslaughter,
imprisonment for not more than 20 years;
``(4) if the offense is involuntary manslaughter,
imprisonment for not more than 10 years; and
``(5) if the offense is attempted murder, imprisonment for
any term of years not less than 25 years, or for life.
``(c) As used in this section, the term `federally funded law
enforcement officer' has the meaning given that term in section 117 and
the terms `murder in the first degree', `murder in the second degree',
`voluntary manslaughter', and `involuntary manslaughter' have the
meanings given those terms in sections 1111 and 1112.''.
(3) Conspiracies to kill law enforcement officers.--Section
1117 of title 18, United States Code, is amended--
(A) by striking ``or 1119'' and inserting ``, 1119,
or 1123''; and
(B) by adding at the end the following: ``If the
object of the conspiracy is the murder of a law
enforcement officer that would violate section 1114 or
1123, the term of imprisonment imposed under this
section shall be not less than 25 years.''.
SEC. 3. PROTECTION OF LAW ENFORCEMENT OFFICER FAMILY MEMBERS.
(a) Modification of Section 115.--Section 115 of title 18, United
States Code is amended--
(1) in subsection (a)(1)(A), by inserting ``a federally
funded law enforcement officer (as defined in section 117),''
after ``a Federal law enforcement officer,''; and
(2) by adding at the end of subsection (b) the following:
``(5) In lieu of the punishments otherwise provided by this
subsection for offenses described in this paragraph, if the victim of
the offense under this subsection is an immediate family member of a
Federal law enforcement officer or of a Federally funded law
enforcement officer, the punishments shall be as follows:
``(A) If the offense is an assault:
``(i) If the assault resulted in bodily injury (as
defined in section 1365), a term of imprisonment for
not less than 5 years nor more than 10 years.
``(ii) If the assault resulted in substantial
bodily injury (as defined in section 113), a term of
imprisonment for not less than 7 years nor more than 12
years.
``(iii) If the assault resulted in serious bodily
injury (as defined in section 1365), a term of
imprisonment for not less than 10 years nor more than
15 years.
``(iv) If a dangerous weapon was used during and in
relation to the offense, a term of imprisonment for not
less than 10 years nor more than 20 years.
``(B) If the offense is a kidnapping, attempted kidnapping,
or conspiracy to kidnap:
``(i) Except as provided in clause (ii), a term of
imprisonment for not less than 20 years or for life
and, if the death of any person results, death or
imprisonment for life.
``(ii) If the kidnapping involves a minor child as
described in 18 U.S.C. 1201 (g)(1)(A), and the offender
is described by 18 U.S.C. 1201(g)(1)(B), the punishment
for such offense shall be a term of imprisonment for
not less than 25 years or for life and, if the death of
any person results, shall be punished by death or
imprisonment for life.
``(C) If the offense is a murder (as defined in section
1111) or an attempt or conspiracy to murder:
``(i) If the offense is murder in the first degree,
the murder shall be punished by death or by
imprisonment for life.
``(ii) If the offense is murder in the second
degree, the murder shall be punished by imprisonment
for any term of years not less than 30, or for life.
``(iii) If the offense is attempted murder, the
attempt shall be punished by imprisonment for any term
of years not less than 25, or for life.
``(D) If the offense is a threat to murder, the threat
shall be punished by imprisonment for a term of not less than
five years nor more than 12 years, and if a threatened assault
or kidnapping, by imprisonment for not less than two years nor
more than ten years.''. | Law Enforcement Protection Act of 2005 - Amends the federal criminal code to provide additional penalties for assaulting or killing (or attempting or conspiring to kill) a federal law enforcement officer or a federally funded state or local law enforcement officer. Modifies provisions regarding influencing, impeding, or retaliating against a federal official by threatening or injuring a family member to provide additional penalties where the victim of the offense is an immediate family member of a federal law enforcement officer or federally funded law enforcement officer. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide additional protections for law enforcement officers, and for other purposes."} | 2,409 | 117 | 0.498321 | 1.123581 | 0.574684 | 2.891304 | 24.173913 | 0.782609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nonnative Wildlife Invasion
Prevention Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a risk assessment process
to prevent the introduction into, and establishment in, the United
States of nonnative wildlife species that will cause or are likely to
cause economic or environmental harm or harm to human or animal
species' health.
SEC. 3. RISK ASSESSMENT PROCESS FOR IMPORTATION OF NONNATIVE WILDLIFE
SPECIES.
(a) In General.--The Secretary of the Interior, acting through the
United States Fish and Wildlife Service, shall promulgate regulations
that establish a process for assessing the risk of all nonnative
wildlife species proposed for importation into the United States, other
than nonnative wildlife species that are included in the list of
approved species issued under section 4.
(b) Factors To Be Considered.--Regulations under this section shall
provide that in assessing the risk of a nonnative wildlife species the
Secretary shall consider at a minimum--
(1) the identity of the organism to the species level,
including to the extent possible more specific information on
its subspecies and genetic identity;
(2) the geographic source of the species and the conditions
under which it was captured or bred;
(3) whether the species has established or spread, or
caused harm to the economy or the environment or the health of
humans or of wildlife, in ecosystems that are similar to those
in the United States but are located outside the United States;
(4) the likelihood that environmental conditions suitable
for the establishment or spread of the species exist anywhere
in the United States;
(5) the likelihood of establishment of the species in the
United States;
(6) the likelihood of spread of the species in the United
States;
(7) the likelihood that the species would harm wildlife
resources in the United States;
(8) the likelihood that the species would harm rare,
threatened, or endangered species in the United States;
(9) the likelihood that the species would harm habitats or
ecosystems in the United States;
(10) the likelihood that pathogenic species, parasitic
species, or free-living species may accompany the species
proposed for importation; and
(11) other factors important to the risks associated with
the species.
(c) Consultation.--In promulgating the regulations, the Secretary
shall consult with States, Indian tribes, other stakeholders, the
Aquatic Nuisance Species Task Force, and the Invasive Species Council.
(d) Transparency.--The Secretary shall ensure that the risk
assessment process established by the regulations is scientifically
credible and is consistent with sections 4 and 5.
(e) Deadlines.--The Secretary shall--
(1) propose regulations under subsection (a) and an initial
list under section 4(b), by not later than 2 years after the
date of the enactment of this Act;
(2) publish in the Federal Register final regulations under
subsection (a), an initial list under section 4(b), and a
notice of the prohibitions under this Act, by not later than 30
days before the date on which the Secretary begins assessing
risk under the regulations; and
(3) begin assessing risk under the regulations by not later
than 37 months after the date of the enactment of this Act.
(f) Animals Imported Prior to Prohibition of Importation.--This Act
and regulations issued under this Act shall not interfere with the
ability of any person to possess an individual animal of a species that
was imported legally, even if such species is later prohibited from
being imported under the regulations issued under this Act.
SEC. 4. LIST OF APPROVED SPECIES.
(a) Requirement To Issue List.--
(1) In general.--Not later than 36 months after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a list of nonnative wildlife species approved
for importation.
(2) Exclusion of certain species.--The Secretary shall not
include in the list--
(A) any species included in the list of prohibited
species under section 5; or
(B) any species, the importation of which is
prohibited by any other law or regulation.
(3) Revision.--The Secretary may revise the list issued
under this subsection.
(b) Initial List.--
(1) In general.--The Secretary shall include in the initial
list under this section nonnative wildlife species that the
Secretary finds--
(A) based on the best scientific and commercial
data available, are not harmful to the United States'
economy, the environment, or human or other animal
species' health; or
(B) may be harmful in some respects, but already
are so widespread in the United States that future
import prohibitions or restrictions would have no
practical utility.
(2) Proposals for inclusion in initial list.--The
Secretary--
(A) shall, by not later than 60 days after the date
of enactment of this Act, publish in the Federal
Register and make available on the Internet a request
for submission, by persons that import or that intend
to import nonnative wildlife species, of proposals of
nonnative wildlife species to be included in the
initial list under this subsection and supporting
documentation for such proposals;
(B) shall accept such proposals for 10 months after
the date the Secretary publishes the request for
submissions; and
(C) may propose a nonnative wildlife species for
inclusion in the list.
(3) Public notice and comment.--Before issuing the initial
list under this subsection, the Secretary shall--
(A) publish in the Federal Register and make
available on the Internet the proposed initial list;
and
(B) provide for, a period of not less than 60 days,
an opportunity to submit public comments on the
proposed list.
(4) Deadline.--The Secretary shall publish in the Federal
Register and make available on the Internet an initial list
under this subsection.
(c) Proposal for Inclusion on the Approved List.--
(1) Request for information.--After publication of the list
under this section, upon receipt of a proposal for, or
proposing, inclusion of a nonnative wildlife species on the
list (including a request to import such a species that is not
on the list published under this section and section 5,
respectively), the Secretary shall provide notice of the
proposal and an opportunity to comment to the head of each
agency and each interested person with information relevant to
the process for assessing the risk established under section 3.
(2) Determination.--The Secretary shall make one of the
following determinations regarding such a proposal in a
reasonable period of time and in accordance with the factors to
be considered under section 3(b):
(A) The nonnative wildlife species is approved for
importation, and is added to the list of approved
species under this section.
(B) The nonnative wildlife species is not approved
for importation, unless permitted under section 7.
(3) Treatment of unapproved species.--If the Secretary
makes a determination under paragraph (2)(B) that a nonnative
wildlife species is not approved for importation, the Secretary
shall--
(A) include the nonnative wildlife species on the
list of unapproved species under section 5; or
(B) request the person who submitted a proposal for
which the determination is made to submit additional
information, tests, or data needed to make a definitive
determination under this section.
(d) Notice of Determination.--The Secretary shall publish in the
Federal Register and make available on the Internet or other
appropriate means, the determinations made with respect to proposals
considered under this section.
SEC. 5. LIST OF UNAPPROVED SPECIES.
(a) Requirement To Issue List.--
(1) In general.--The Secretary shall publish in the Federal
Register a list of nonnative wildlife species that are
prohibited or restricted from entering the United States.
(2) Included species.--The list under this subsection shall
include--
(A) those species listed by Federal regulation as
injurious wildlife under section 42 of title 18, United
States Code, as of the date of enactment of this Act;
and
(B) any other species the Secretary has determined
under section 4(c) is not approved for importation.
(b) Petition Process To Add or Remove Species From Unapproved
List.--
(1) In general.--Any person may petition the Secretary to
add to or remove from the list under this section any nonnative
wildlife species, consistent with regulations established under
this Act.
(2) Notice.--The Secretary shall publish notice of the
petition and provide an opportunity for public comment.
(3) Action on petition.--The Secretary shall--
(A) determine whether or not to add or remove the
nonnative wildlife species from the list, as
applicable, pursuant to the petition, within a
reasonable time and based on information that is
provided by the petition or otherwise readily
available;
(B) notify the petitioner of such determination;
and
(C) publish such determination in the Federal
Register.
(c) Emergency Authority and Temporary Prohibition.--
(1) In general.--If the Secretary determines that an
emergency exists because a nonnative wildlife species in the
United States poses a serious threat of harm to the United
States economy, the environment, or human or animal species'
health, the Secretary may temporarily place the nonnative
wildlife species on the list of unapproved species.
(2) Determination.--The Secretary shall publish in the
Federal Register and make available to the public through the
Internet or other appropriate means a final determination of
whether to maintain the nonnative wildlife species on the list
of unapproved species, within 180 days after temporarily adding
the nonnative wildlife species to such list.
SEC. 6. PROHIBITIONS AND PENALTIES.
(a) Prohibitions.--No person shall--
(1) import into the United States any nonnative wildlife
species or viable eggs of such species that is not included in
the list of approved species issued under section 4, except as
authorized by a permit under section 7;
(2) violate any term or condition of a permit issued under
section 7;
(3) knowingly possess (except as provided in section 3(f)),
sell or offer to sell, purchase or offer to purchase, or barter
for or offer to barter for, any nonnative wildlife species that
is prohibited from being imported under paragraph (1), any
descendants of such a species, or viable eggs of such a
species;
(4) knowingly release any nonnative wildlife species
imported in violation of paragraph (1), or any viable eggs or
descendants of such a species;
(5) knowingly breed any nonnative wildlife species imported
in violation of paragraph (1), or provide any such species to
others for breeding purposes; or
(6) knowingly sell or offer to sell, purchase or offer to
purchase, barter or offer to barter for or offer to barter for,
release, or breed any nonnative wildlife species referred to in
section 3(f).
(b) Penalties and Enforcement.--Any person who violates subsection
(a) of this section shall be subject to the civil penalties and
criminal penalties described in section 4 of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373). Sections 4(b), 4(e), 5, and 6 of that Act
shall apply to such a violation in the same manner as they apply to a
violation of that Act.
(c) Limitation on Application.--Subsection (a) shall not apply to
any action by law enforcement personnel engaged in enforcement of this
section.
(d) Effective Date.--This section shall take effect 37 months after
the date of the enactment of this Act.
SEC. 7. PERMITS.
The Secretary may issue a permit authorizing importation otherwise
prohibited by section 6(a)(1) for educational, scientific research, or
accredited zoological or aquarium display purposes.
SEC. 8. FEES.
(a) In General.--The Secretary shall establish and collect a fee to
recover, to the maximum extent practicable, costs of assessing risk of
nonnative wildlife species under the regulations issued under section
3.
(b) Nonnative Wildlife Invasion Prevention Fund.--
(1) Establishment.--There is established in the Treasury a
separate account which shall be known as the Nonnative Wildlife
Invasion Prevention Fund.
(2) Contents.--There shall be deposited into the account
amounts received by the United States as fees under this
section.
(3) Use.--Amounts in the account shall be available to the
Secretary, subject to the availability of appropriations, for
the purposes of implementing this Act.
SEC. 9. TREATMENT OF NONNATIVE WILDLIFE SPECIES AS NONMAILABLE MATTER.
Nonnative wildlife species included in the list of approved species
issued under section 4 shall be considered and treated as nonmailable
matter under section 3015 of title 39, United States Code.
SEC. 10. RELATIONSHIP TO STATE LAW.
(a) In General.--Nothing in this Act preempts or otherwise affects
the application of any State law that establishes stricter requirements
for importation, possession, sale, purchase, release, or breeding of,
or bartering for, any nonnative wildlife species, except to the extent
that State law is inconsistent with this Act.
(b) Limitation on Application of Prohibitions and Penalties To
Prevent Release.--The Secretary may limit the application of any
provision of section 6 to facilitate implementation of any State
program that encourages voluntary surrender to a State of nonnative
wildlife species, if the Secretary determines that such limitation will
prevent release of such species.
SEC. 11. DEFINITIONS.
For the purposes of this Act:
(1) Aquatic nuisance species task force.--The term
``Aquatic Nuisance Species Task Force'' means the Aquatic
Nuisance Species Task Force established under section 1201 of
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4702).
(2) Invasive species council.--The term ``Invasive Species
Council'' means the Invasive Species Council established by
Executive Order 13112 on February 8, 1999 (64 Fed. Reg. 6183).
(3) Native species.--The term ``native species'' means a
species that historically occurred or currently occurs in the
United States, other than as a result of an introduction by
humans.
(4) Nonnative wildlife species.--The term ``nonnative
wildlife species''--
(A) except as provided in subparagraph (C), means
any species of animal that is not a native species,
whether or not raised in captivity;
(B) except as provided in subparagraph (C),
includes--
(i) any such species of mammal, bird, fish,
reptile, amphibian, insect, mollusk and
crustacean, arthropod, coelenterate, or other
invertebrate, and
(ii) any egg or offspring thereof; and
(C) does not include any species specifically
defined or regulated as a plant pest under the Plant
Protection Act (7 U.S.C. 7701 et seq.) or as a threat
to livestock or poultry under the Animal Health
Protection Act (7 U.S.C. 8301 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, Puerto Rico,
and the Virgin Islands.
(7) United states.--The term ``United States'', when used
in a geographic sense, means any State of the United States,
the District of Columbia, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, Puerto Rico, the
Virgin Islands, any possession of the United States, and any
waters within the jurisdiction of the United States. | Nonnative Wildlife Invasion Prevention Act - Requires the Secretary of the Interior to promulgate regulations establishing a process for assessing the risk of all nonnative wildlife species proposed for importation into the United States, other than those included in a list of approved species issued under this Act. Sets forth factors that must be considered at minimum, including the identity of the organism to the species level, the geographic source, and the likelihood of spread and harm to groups of species or habitats.
Provides procedures for issuance and expansion of the approved-for-importation list.
Establishes prohibitions on: (1) importation of nonnative species or viable eggs; (2) permit violation; and (3) knowing possession, purchase, sale, barter, release, or breeding (including of prohibited species previously imported legally).
Allows the imposition of fees to recover the costs of assessing risks of nonnative wildlife species. Establishes a Nonnative Wildlife Invasion Prevention Fund into which such fees will be deposited. | {"src": "billsum_train", "title": "To prevent the introduction and establishment of nonnative wildlife species that negatively impact the economy, environment, or human or animal species' health, and for other purposes."} | 3,498 | 221 | 0.642714 | 1.826269 | 0.950746 | 3.368984 | 17.053476 | 0.919786 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity in Athletics Disclosure
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) participation in athletic pursuits play an important
role in teaching young Americans how to work on teams, handle
challenges and overcome obstacles;
(2) participation in athletic pursuits play an important
role in keeping the minds and bodies of young Americans healthy
and physically fit;
(3) there is increasing concern among citizens, educators,
and public officials regarding the athletic opportunities for
young men and women at institutions of higher education;
(4) a recent study by the National Collegiate Athletic
Association found that in Division I-A institutions, only 20
percent of the average athletic department operations budget of
$1,310,000 is spent on women's athletics; 15 percent of the
average recruiting budget of $318,402 is spent on recruiting
female athletes; the average scholarship expenses for men is
$1,300,000 and $505.246 for women; and an average of 143 grants
are awarded to male athletes and 59 to women athletes;
(5) female college athletes receive less than 18 percent of
the athletics recruiting dollar and less than 24 percent of the
athletics operating dollar;
(6) male college athletes receive approximately
$179,000,000 more per year in athletic scholarship grants than
female college athletes;
(7) prospective students and prospective student athletes
should be aware of the commitments of an institution to
providing equitable athletic opportunities for its men and
women students; and
(8) knowledge of an institution's expenditures for women's
and men's athletic programs would help prospective students and
prospective student athletes make informed judgments about the
commitments of a given institution of higher education to
providing equitable athletic benefits to its men and women
students.
SEC. 3. AMENDMENT.
Section 485 of the Higher Education Act of 1965 is amended by
adding at the end the following new subsection:
``(g) Disclosure of Athletic Program Participation Rates and
Financial Support Data.--
``(1) Data required.--Each institution of higher education
which participates in any program under this title, and has an
intercollegiate athletic program, shall annually submit a
report to the Secretary that contains the following:
``(A) For each men's team, women's team, and any
team that includes both male and female athletes, the
following data:
``(i) the total number of participants and
their gender;
``(ii) the total scholarship expenditures;
``(iii) a figure that represents the total
scholarship expenditures divided by the total
number of participants;
``(iv) the total number of contests for the
team;
``(v) the total operating expenses for the
team;
``(vi) the total recruiting expenses for
the team;
``(vii) the total personnel expenses for
the team;
``(viii) whether the head coach is male or
female and whether the head coach is full time
or part time;
``(ix) the number of assistant coaches that
are male and the number of assistant coaches
that are female and whether each particular
coach is full time or part time;
``(x) the number of graduate assistant
coaches that are male and the number of
graduate assistant coaches that are female;
``(xi) the number of volunteer assistant
coaches that are male and the number of
volunteer assistant coaches that are female;
``(xii) the ratio of participants to
coaches;
``(xiii) the full compensation of the head
coach; and
``(xiv) the full compensation of the
assistant coaches; and
``(B) A statement of the following:
``(i) the ratio of male participants to
female participants in the entire athletic
program; and
``(ii) the ratio of male scholarship
expenses to female scholarship expenses in the
entire athletic program.
``(2) Disclosure to prospective students.--When an
institution of higher education offers admission to a potential
student, such institution shall provide to the student the
information contained in the report submitted by such
institution to the Secretary under paragraph (1).
``(3) Disclosure to the public.--An institution of higher
education must make available to the public, upon request, the
information contained in the report submitted by such
institution to the Secretary under paragraph (1).
``(4) Secretary of education's duty to publish a report of
the data.--On an annual basis, the Secretary, using the reports
submitted under this subsection, shall compile and publish a
report containing the information collected broken down by (A)
the individual institutions, and (B) by the athletic
conferences recognized by the National Collegiate Athletic
Association and the National Association of Intercollegiate
Athletics.
``(5) Definition.--For the purposes of this subsection, the
term `operating expenses' means all nonscholarship
expenditures.
``(6) Reports to congress.--The Secretary shall submit the
reports compiled pursuant to this subsection to the appropriate
committees of Congress on an annual basis.
``(7) Effective date.--This subsection takes effect July 1,
1993, except that the first report to the Secretary shall be
due on July 1, 1994.''. | Equity in Athletics Disclosure Act - Amends the Higher Education Act of 1965 to require institutions of higher education to disclose gender participation rates and program support expenditures in college athletic programs to prospective students and, upon request, to the public.
Directs the Secretary of Education to compile and publish annual reports of such data reported to the Secretary by the institutions. | {"src": "billsum_train", "title": "Equity in Athletics Disclosure Act"} | 1,091 | 74 | 0.578993 | 1.33279 | 1.059655 | 2.447761 | 16.552239 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Traumatic Brain Injury Care
Improvement Act of 2014''.
SEC. 2. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON ASSISTED LIVING
SERVICES FOR VETERANS WITH TRAUMATIC BRAIN INJURY.
(a) Modification of Report Requirements.--Subsection (e) of section
1705 of the National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 38 U.S.C. 1710C note) is amended to read as
follows:
``(e) Reports.--
``(1) Quarterly reports.--
``(A) In general.--For each calendar quarter
occurring during the period beginning January 1, 2015,
and ending September 30, 2017, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives a report on the pilot program.
``(B) Elements.--Each report submitted under
subparagraph (A) shall include each of the following
for the quarter preceding the quarter during which the
report is submitted:
``(i) The number of individuals that
participated in the pilot program.
``(ii) The number of individuals that
successfully completed the pilot program.
``(iii) The degree to which pilot program
participants and family members of pilot
program participants were satisfied with the
pilot program.
``(iv) The interim findings and conclusions
of the Secretary with respect to the success of
the pilot program and recommendations for
improvement.
``(2) Final report.--
``(A) In general.--Not later than 60 days after the
completion of the pilot program, the Secretary shall
submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the
House of Representatives a final report on the pilot
program.
``(B) Elements.--The final report required by
subparagraph (A) shall include the following:
``(i) A description of the pilot program.
``(ii) The Secretary's assessment of the
utility of the activities carried out under the
pilot program in enhancing the rehabilitation,
quality of life, and community reintegration of
veterans with traumatic brain injury.
``(iii) An evaluation of the pilot program
in light of independent living programs carried
out by the Secretary under title 38, United
States Code, including--
``(I) whether the pilot program
duplicates services provided under such
independent living programs;
``(II) the ways in which the pilot
program provides different services
than the services provided under such
independent living program;
``(III) how the pilot program could
be better defined or shaped; and
``(IV) whether the pilot program
should be incorporated into such
independent living programs.
``(iv) Such recommendations as the
Secretary considers appropriate regarding
improving the pilot program.''.
(b) Definition of Community-Based Brain Injury Residential
Rehabilitative Care Services.--Such section is further amended--
(1) in the section heading, by striking ``assisted living''
and inserting ``community-based brain injury residential
rehabilitative care'';
(2) in subsection (c), in the subsection heading, by
striking ``Assisted Living'' and inserting ``Community-Based
Brain Injury Residential Rehabilitative Care'';
(3) by striking ``assisted living'' each place it appears,
and inserting ``community-based brain injury rehabilitative
care''; and
(4) in subsection (f)(1), by striking ``and personal care''
and inserting ``rehabilitation, and personal care''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(d) Prohibition on New Appropriations.--No additional funds are
authorized to be appropriated to carry out this Act and the amendments
made by this Act, and this Act and such amendments shall be carried out
using amounts otherwise available for such purpose. | Veterans Traumatic Brain Injury Care Improvement Act of 2014 - Amends the National Defense Authorization Act for Fiscal Year 2008 to alter the reporting requirements under the pilot program to assess the effectiveness of providing assistance to eligible veterans with traumatic brain injury to enhance their rehabilitation, quality of life, and community integration. Directs the Secretary of Veterans Affairs (VA) to submit reports to the congressional veterans committees on the pilot program for each quarter occurring between January 1, 2015, and September 30, 2017. Requires each quarterly report to include for the preceding quarter: the number of individuals who participated in the pilot program, the number of individuals who successfully completed the program, the degree to which pilot program participants and their family members were satisfied with the program, and the interim findings and conclusions of the Secretary regarding the success of the program and recommendations for improving it. Requires the Secretary to include in the report the Secretary submits to the congressional veterans committees after the completion of the pilot program: an evaluation of the pilot program in light of the VA's independent living programs, including an assessment of whether the pilot program should be incorporated into such independent living programs; and recommendations for improving the pilot program. Replaces references to "assisted living" with the term "community-based brain injury residential rehabilitative care," including rehabilitation services within the meaning of such care. Requires this Act and its amendments to be carried out using funds already available for such purposes. | {"src": "billsum_train", "title": "Veterans Traumatic Brain Injury Care Improvement Act of 2014"} | 909 | 310 | 0.733857 | 1.897524 | 0.800815 | 2.701068 | 2.957295 | 0.836299 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``White Sands Fair Compensation Act of
1995''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The White Sands Missile Range, New Mexico, is an
installation that is vital to the national security interests
of the United States.
(2) The United States established the Range during World
War II, and, in doing so, temporarily displacing ranchers and
miners who owned land within the boundaries of the Range or
whose livelihood depended on such land.
(3) These ranchers and miners made a significant
contribution to the effort of the United States to win World
War II and to the post-war national defense program by vacating
land within the Range at the request of the United States
Government.
(4) In 1975, all land within the Range was permanently
taken by the United States Government.
(5) The United States Government has never fully
compensated ranchers and miners who owned land within the
boundaries of the Range or whose livelihood depended on such
land for the value of the land and claims taken by the
Government.
(6) The method utilized by the United States Government to
compensate such ranchers differs from the method utilized by
the Government to compensate ranchers during the taking of land
in the area in New Mexico that became the McGregor Range and
Extension Area of the Fort Bliss Military Reservation, Texas.
Ranchers owning property in that were fully compensated for
their ranches as operating units, including the carrying
capacity of public domain lands associated with such ranches.
(7) Though the Legacy Fellowship Program in Natural and
Cultural Resource Management established by section 328 of
Public Law 102-484, the Department of Defense is sponsoring a
5-year research project on the historical significance of
ranching in the area that is now the White Sands Missile Range.
(8) The United States Government has an obligation to pay
full compensation to ranchers and miners who owned land within
the boundaries of the Range or whose livelihood depended on
such land for the value of the land and claims that were taken
by the Government.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established in the Department of
Defense a commission to be known as the White Sands Fair Compensation
Commission (hereafter in this section referred to as the
``Commission'').
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of nine members appointed by the Secretary of Defense
as follows--
(A) one shall be an employee of the Department of
Defense;
(B) one shall be an employee of the Department of
the Interior who shall be appointed from among
individuals recommended by the Secretary of the
Interior;
(C) five shall be individuals appointed from among
individuals recommended by the Senators and
Representatives from the State of New Mexico, with one
individual appointed from among the recommendations of
each such Senator and Representative; and
(D) two shall be individuals appointed from among
individuals recommended by the Governor of New Mexico.
(2) Expertise.--The Secretary shall, to maximum extent
practicable, make appointments under this subsection from among
individuals recommended to the Secretary who are present or
former residents of the State of New Mexico and who have an
expertise in matters of agricultural economics or the history
of the establishment of the White Sands Missile Range, New
Mexico.
(c) Terms and Vacancies.--Members of the Commission shall be
appointed for the life of the Commission. Any vacancy in the Commission
shall not affect its powers but shall be filled in the same manner as
the original appointment.
(d) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Commission shall serve without pay or
compensation.
(2) Travel expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Commission.
(e) Officers.--The members of the Commission shall elect the
chairman of the Commission and any other officers that may be required
for the Commission. The term of office of an officer of the Commission
shall be established by the members of the Commission.
(f) Quorum.--Five members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(g) Bylaws.--The Commission may make such bylaws, rules, and
regulations as it considers necessary to carry out its functions.
(h) Administrative Support.--The Secretary shall provide the
Commission with such professional and technical support, clerical staff
and services, and administrative support as the Secretary determines
necessary for the Commission to carry out its responsibilities under
this Act. Amounts required by the Secretary to carry out this
subsection shall be paid from funds appropriated under section 5(a).
(i) Termination.--The Commission shall terminate on the date that
is 14 months after the completion of the evaluations by the Commission
of the claims submitted to the Commission under section 4.
SEC. 4. EVALUATION AND PAYMENT OF CLAIMS FOR COMPENSATION FOR TAKINGS
RELATING TO WHITE SANDS MISSILE RANGE.
(a) In General.--Claims for compensation for takings of property
associated with the establishment of the White Sands Missile Range, New
Mexico, shall be evaluated, and payments of such compensation made, in
accordance with this section.
(b) Submittal of Claims.--
(1) In general.--Subject to paragraph (3), any individual
described in paragraph (2) may submit to the White Sands Fair
Compensation Commission a claim for full compensation for the
taking of such individual's property as a result of the
establishment of the White Sands Missile Range.
(2) Eligible individuals.--The following individuals may
submit claims under this subsection:
(A) Individuals--
(i) who--
(I) owned real property that was
taken by the United States for the
purpose of establishing the area now
known as the White Sands Missile Range,
New Mexico; and
(II) engaged in ranching activities
on the real property at the time of the
taking; and
(ii) who claim that the amount paid by the
United States in 1975 in compensation for the
taking was not full compensation for the value
of the property at the time of the taking.
(B) Individuals who--
(i) possessed a mining claim in real
property that was so taken; and
(ii) claim that the amount paid by the
United States in 1975 in compensation for the
taking was not full compensation for value of
the mining claim at the time of the taking.
(C) Heirs or assigns of the individuals described
in subparagraphs (A) and (B).
(3) Deadline for claims.--A claim shall be submitted under
this subsection not later than the end of the 14-month period
beginning on the date of the enactment of this Act.
(c) Evaluation of Claims.--
(1) In general.--The Commission shall evaluate each claim
submitted under this section. In evaluating a claim, the
Commission shall--
(A) determine whether or not the individual
submitting the claim is eligible to submit the claim;
(B) if the individual is so eligible, determine
whether or not the amount paid by the United States to
the individual in 1975 for the real property or mining
claim of the individual, as the case may be, was full
compensation for the value of the real property or
mining claim at the time of the taking;
(C) if the amount so paid is determined not to have
been such full compensation, determine the amount that
would constitute such full compensation; and
(D) notify the individual and the Secretary of
Defense of the determinations.
(2) Rules for valuation of real property.--In determining
the value of real property under paragraph (1)(B), the
Commission--
(A) shall utilize established precedents for the
valuation of real property in New Mexico that is
similar to the real property subject to valuation;
(B) shall take into account the value, if any,
added to the real property by Federal grazing permits
associated with the real property; and
(C) may not take into account any lease payments
paid by the United States Government with respect to
the real property between 1942 and 1975.
(3) Priority of evaluation.--The Commission shall give
priority in the order of evaluating claims under this
subsection to claims submitted by individuals who owned the
real property subject to the claims continuously from 1941
until the taking of the real property in 1975.
(d) Appeal.--
(1) In general.--An individual submitting a claim under
this section may appeal a determination of the Commission under
subparagraph (B) or (C) of subsection (c)(1) by submitting a
notice of appeal of the determination to the Secretary of
Defense. An individual shall submit the appeal not later than
30 days after receiving notice of the determination under
subparagraph (D) of such subsection.
(2) Review.--The Secretary shall review each appeal
submitted to the Secretary under this subsection. The Secretary
shall complete the review not later than 60 days after the date
of receiving the appeal.
(3) Relief.--Subject to paragraph (4), upon completion of
the review of an appeal under this subsection, the Secretary
shall--
(A) uphold the determination of the Commission; or
(B) establish an amount that is appropriate to
provide full compensation to the individual submitting
the appeal for the value of the real property or mining
claim, as the case may be, of the individual that was
taken by the United States Government.
(4) Limitation on adjustment of compensation.--The amount
of compensation established by the Secretary for a claim on
appeal under paragraph (3)(B) may not be less than the amount
of compensation determined by the Commission for the claim
under subsection (c)(1).
(5) Notification.--The Secretary shall notify each
individual submitting an appeal under this subsection of the
decision of the Secretary under paragraph (3).
(6) Finality of decision.--The decision of the Secretary
under paragraph (3) shall not be subject to judicial review.
(e) Payment of Compensation.--
(1) Payment.--Subject to paragraph (2), upon upholding the
determination of the Commission with respect to a claim under
paragraph (3)(A) of subsection (d) or establishing an
appropriate amount of compensation with respect to the claim
under paragraph (3)(B) of that subsection, the Secretary of
Defense shall pay to the individual submitting the claim the
amount, if any, that is so upheld or established, as the case
may be.
(2) Payment subject to availability of appropriations.--The
Secretary may make payments under this subsection in a fiscal
year only to the extent that funds are appropriated for such
purpose in advance in an appropriations Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization for Activities of Commission.--There are
authorized to be appropriated such sums as may be necessary for the
payment of the cost of the activities of the White Sands Fair
Compensation Commission under this Act. Such sums shall be available
for expenditure until the termination of the Commission under section
3(i).
(b) Authorization for Payment of Claims.--There is authorized to be
appropriated $20,300,000 for the purposes of payment of claims under
section 4. Such amount shall remain available until expended. | White Sands Fair Compensation Act of 1995 - Establishes in the Department of Defense (DOD) the White Sands Fair Compensation Commission. Provides for claims to the Commission for full compensation for the taking by DOD for use as the White Sands Missile Range of property of individuals who were engaged in ranching activities at the time of the taking or who possessed a mining claim in such property and who claim that the amount paid for such taking was not full compensation. Requires claims to be filed within 14 months after the enactment of this Act. Provides for: (1) Commission evaluation of claims; (2) rules for the valuation of real property involved; (3) priority in claim evaluation for individuals owning the property continuously from 1941 until the taking of the property in 1975; (4) appellate and notification procedures; and (5) payment by the Secretary of Defense of appropriate amounts to such individuals. Terminates the Commission 14 months after the completion of all evaluations. Authorizes appropriations for: (1) Commission activities; and (2) the payment of claims. | {"src": "billsum_train", "title": "White Sands Fair Compensation Act of 1995"} | 2,473 | 221 | 0.572944 | 1.880091 | 0.883777 | 2.966825 | 11.194313 | 0.900474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warriors Expansion of Care
Act of 2007''.
SEC. 2. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND FORMER MEMBERS
OF THE ARMED FORCES WITH SEVERE INJURIES OR ILLNESSES.
(a) Medical and Dental Care for Members and Former Members.--
(1) In general.--Effective as of the date of the enactment
of this Act and subject to regulations prescribed by the
Secretary of Defense, any covered member of the Armed Forces,
and any former member of the Armed Forces, with a severe injury
or illness is entitled to medical and dental care in any
facility of the uniformed services under section 1074(a) of
title 10, United States Code, or through any civilian health
care provider authorized by the Secretary to provide health and
mental health services to members of the uniformed services,
including traumatic brain injury (TBI) and post-traumatic
stress disorder (PTSD), as if such member or former member were
a member of the uniformed services described in paragraph (2)
of such section who is entitled to medical and dental care
under such section.
(2) Period of authorized care.--(A) Except as provided in
subparagraph (B), a member or former member described in
paragraph (1) is entitled to care under that paragraph--
(i) in the case of a member or former member whose
severe injury or illness concerned is incurred or
aggravated during the period beginning on October 7,
2001, and ending on the date of the enactment of this
Act, during the three-year period beginning on the date
of the enactment of this Act, except that no
compensation is payable by reason of this subsection
for any period before the date of the enactment of this
Act; or
(ii) in the case of a member or former member whose
severe injury or illness concerned is incurred or
aggravated on or after the date of the enactment of
this Act, during the three-year period beginning on the
date on which such injury or illness is so incurred or
aggravated.
(B) The period of care authorized for a member or former
member under this paragraph may be extended by the Secretary
concerned for an additional period of up to two years if the
Secretary concerned determines that such extension is necessary
to assure the maximum feasible recovery and rehabilitation of
the member or former member. Any such determination shall be
made on a case-by-case basis.
(3) Integrated care management.--The Secretary of Defense
shall provide for a program of integrated care management in
the provision of care and services under this subsection, which
management shall be provided by appropriate medical and case
management personnel of the Department of Defense and the
Department of Veterans Affairs (as approved by the Secretary of
Veterans Affairs) and with appropriate support from the
Department of Defense regional health care support contractors.
(4) Waiver of limitations to maximize care.--The Secretary
of Defense may, in providing medical and dental care to a
member or former member under this subsection during the period
referred to in paragraph (2), waive any limitation otherwise
applicable under chapter 55 of title 10, United States Code, to
the provision of such care to the member or former member if
the Secretary considers the waiver appropriate to assure the
maximum feasible recovery and rehabilitation of the member or
former member.
(5) Construction with eligibility for veterans benefits.--
Nothing in this subsection shall be construed to reduce, alter,
or otherwise affect the eligibility or entitlement of a member
or former member of the Armed Forces to any health care,
disability, or other benefits to which the member of former
member would otherwise be eligible or entitled as a veteran
under the laws administered by the Secretary of Veterans
Affairs.
(6) Sunset.--The Secretary of Defense may not provide
medical or dental care to a member or former member of the
Armed Forces under this subsection after December 31, 2012, if
the Secretary has not provided medical or dental care to the
member or former member under this subsection before that date.
(b) Rehabilitation and Vocational Benefits.--
(1) In general.--Effective as of the date of the enactment
of this Act, a member of the Armed Forces with a severe injury
or illness is entitled to such benefits (including
rehabilitation and vocational benefits, but not including
compensation) from the Secretary of Veterans Affairs to
facilitate the recovery and rehabilitation of such member as
the Secretary otherwise provides to members of the Armed Forces
receiving medical care in medical facilities of the Department
of Veterans Affairs facilities in order to facilitate the
recovery and rehabilitation of such members.
(2) Limitations.--The provisions of paragraphs (2) through
(6) of subsection (a) shall apply to the provision of benefits
under this subsection as if the benefits provided under this
subsection were provided under subsection (a).
(3) Reimbursement.--The Secretary of Defense shall
reimburse the Secretary of Veterans Affairs for the cost of any
benefits provided under this subsection in accordance with
applicable mechanisms for the reimbursement of the Secretary of
Veterans Affairs for the provision of medical care to members
of the Armed Forces.
(c) Recovery of Certain Expenses of Medical Care and Related
Travel.--
(1) In general.--Commencing not later than 60 days after
the date of the enactment of this Act, the Secretary of the
military department concerned may reimburse covered members of
the Armed Forces, and former members of the Armed Forces, with
a severe injury or illness for covered expenses incurred by
such members or former members, or their family members, in
connection with the receipt by such members or former members
of medical care that is required for such injury or illness.
(2) Covered expenses.--Expenses for which reimbursement may
be made under paragraph (1) include the following:
(A) Expenses for health care services for which
coverage would be provided under section 1074(c) of
title 10, United States Code, for members of the
uniformed services on active duty.
(B) Expenses of travel of a non-medical attendant
who accompanies a member or former member of the Armed
Forces for required medical care that is not available
to such member or former member locally, if such
attendant is appointed for that purpose by a competent
medical authority (as determined under regulations
prescribed by the Secretary of Defense for purposes of
this subsection).
(C) Such other expenses for medical care as the
Secretary may prescribe for purposes of this
subsection.
(3) Amount of reimbursement.--The amount of reimbursement
under paragraph (1) for expenses covered by paragraph (2) shall
be determined in accordance with regulations prescribed by the
Secretary of Defense for purposes of this subsection.
(d) Severe Injury or Illness Defined.--In this section, the term
``severe injury or illness'' means any serious injury or illness that
is assigned a disability rating of 30 percent or higher under the
schedule for rating disabilities in use by the Department of Defense.
(e) Additional Definitions.--In this Act:
(1) Covered member of the armed forces.--The term ``covered
member of the Armed Forces'' means a member of the Armed
Forces, including a member of the National Guard or a Reserve,
who is undergoing medical treatment, recuperation, or therapy,
is otherwise in medical hold or medical holdover status, or is
otherwise on the temporary disability retired list for a
serious injury or illness.
(2) Family member.--The term ``family member'', with
respect to a member of the Armed Forces or a veteran, has the
meaning given that term in section 411h(b) of title 37, United
States Code.
(3) Medical hold or medical holdover status.--The term
``medical hold or medical holdover status'' means--
(A) the status of a member of the Armed Forces,
including a member of the National Guard or Reserve,
assigned or attached to a military hospital for medical
care; and
(B) the status of a member of a reserve component
of the Armed Forces who is separated, whether pre-
deployment or post-deployment, from the member's unit
while in need of health care based on a medical
condition identified while the member is on active duty
in the Armed Forces.
(4) Serious injury or illness.--The term ``serious injury
or illness'', in the case of a member of the Armed Forces,
means an injury or illness incurred by the member in line of
duty on active duty in the Armed Forces that may render the
member medically unfit to perform the duties of the member's
office, grade, rank, or rating. | Wounded Warriors Expansion of Care Act of 2007 - Entitles any recovering member and any former member with a severe injury or illness to medical and dental care in any military medical facility or through any civilian health care provider authorized by the Secretary of Defense to provide health and mental health services, including services for traumatic brain injury and post-traumatic stress disorder. Authorizes such medical and dental care for three years beginning on the date: (1) of enactment of this Act, for those whose injury or illness was incurred on or after October 7, 2001, and before the enactment of this Act; and (2) on which the injury or illness is incurred, for those whose injury or illness occurs on or after the enactment of this Act. Authorizes the Secretary to waive any limitation on the provision of such care if considered appropriate to assure the maximum feasible recovery and rehabilitation of the member or former member. Prohibits the Secretary from providing such medical and dental care after December 31, 2012, if the Secretary has not provided such care to such member or former member before that date.
Entitles members with a severe injury or illness to rehabilitation and vocational benefits from the Secretary of Veterans Affairs. Authorizes the Secretary of the military department concerned to reimburse recovering members and former members with a severe injury or illness for certain expenses incurred in connection with the receipt of required medical care. | {"src": "billsum_train", "title": "To provide medical care and other benefits for members and former members of the Armed Forces with severe injuries or illnesses."} | 1,889 | 295 | 0.728326 | 2.1723 | 0.848421 | 3.57197 | 6.700758 | 0.950758 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let Parents Raise Their Kids Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States Preventive Services Task Force
(USPSTF) issued findings and recommendation against screening
for suicide that corroborate those of the Canadian Preventive
Services Task Force. ``USPSTF found no evidence that screening
for suicide risk reduces suicide attempts or mortality. There
is limited evidence on the accuracy of screening tools to
identify suicide risk in the primary care setting, including
tools to identify those at high risk.''.
(2) The 1999 Surgeon General's report on mental health
admitted the serious conflicts in the medical literature
regarding the definitions of mental health and mental illness
when it said, ``In other words, what it means to be mentally
healthy is subject to many different interpretations that are
rooted in value judgments that may vary across cultures. The
challenge of defining mental health has stalled the development
of programs to foster mental health (Secker, 1998). . . .''.
(3) The Surgeon General's report also says, ``The diagnosis
of mental disorders is often believed to be more difficult than
diagnosis of somatic or general medical disorders since there
is no definitive laboratory test or abnormality in brain tissue
that can identify the illness.''.
(4) Accurate mental health diagnosis of children is
difficult as admitted by the Surgeon General's report that
says, ``The science is challenging because of the ongoing
process of development. The normally developing child hardly
stays the same long enough to make stable measurements. Adult
criteria for illness can be difficult to apply to children and
adolescents, when the signs and symptoms of mental disorders
are often also the characteristics of normal development.''.
(5) Authors of the bible of psychiatric diagnosis, the
Diagnostic and Statistical Manual, admit that the diagnostic
criteria for mental illness are vague, saying, ``DSM-IV
criteria remain a consensus without clear empirical data
supporting the number of items required for the diagnosis. . .
. Furthermore, the behavioral characteristics specified in DSM-
IV, despite efforts to standardize them, remain subjective. . .
.'' (American Psychiatric Association Committee on the
Diagnostic and Statistical Manual (DSM-IV 1994), pp. 1162-
1163).
(6) Because of the subjectivity of psychiatric diagnosis,
it is all too easy for a psychiatrist to label a person's
disagreement with the psychiatrist's political beliefs a mental
disorder.
(7) At least one federally-funded school violence
prevention program has suggested that a child who shares his or
her parent's traditional values may be likely to instigate
school violence.
(8) Despite many statements in the popular press and by
groups promoting the psychiatric labeling and medication of
children, that ADD/ADHD is due to a chemical imbalance in the
brain, the 1998 National Institutes of Health Consensus
Conference said, ``. . . further research is necessary to
firmly establish ADHD as a brain disorder. This is not unique
to ADHD, but applies as well to most psychiatric disorders,
including disabling diseases such as schizophrenia. . . .
Although an independent diagnostic test for ADHD does not
exist. . . . Finally, after years of clinical research and
experience with ADHD, our knowledge about the cause or causes
of ADHD remains speculative.''.
(9) There has been a precipitous increase in the
prescription rates of psychiatric drugs in children:
(A) A 300-percent increase in psychotropic drug use
in 2 to 4 year old children from 1991 to 1995 (Journal
of the American Medical Association, 2000).
(B) A 300-percent increase in psychotropic drug use
in children from 1987 to 1996 (Archives of Pediatric &
Adolescent Medicine, 2003).
(C) More money was spent on psychiatric drugs for
children than on antibiotics or asthma medication
(Medco Trends, 2004).
(10) A September 2004 Food and Drug Administration hearing
found that more than two-thirds of studies of antidepressants
given to depressed children showed that they were no more
effective than placebo, or sugar pills, and that only the
positive trials were published by the pharmaceutical industry.
The lack of effectiveness of antidepressants has been known by
the Food and Drug Administration since at least 2000 when,
according to the Food and Drug Administration Background
Comments on Pediatric Depression, Robert Temple of the Food and
Drug Administration Office of Drug Evaluation acknowledged the
``preponderance of negative studies of antidepressants in
pediatric populations''. The Surgeon General's report said of
stimulant medication like Ritalin, ``However, psychostimulants
do not appear to achieve long-term changes in outcomes such as
peer relationships, social or academic skills, or school
achievement.''.
(11) The Food and Drug Administration finally acknowledged
in September 2004, that the newer antidepressants are related
to suicidal thoughts and actions in children and that this data
was hidden for years. The Food and Drug Administration had over
2000 reports of completed suicides from 1987 to 1995 for the
drug Prozac alone, which by the agency's own calculations
represent but a fraction of the suicides. Prozac is the only
such drug approved by the Food and Drug Administration for use
in children.
(12) Other possible side effects of psychiatric medication
used in children include mania, violence, dependence, weight
gain, and insomnia from the newer antidepressants; cardiac
toxicity including lethal arrhythmias from the older
antidepressants; growth suppression, psychosis, and violence
from stimulants; and diabetes from the newer anti-psychotic
medications.
(13) Parents are already being coerced to put their
children on psychiatric medications and some children are dying
because of it. Universal or mandatory mental health screening
and the accompanying treatments recommended by the President's
New Freedom Commission on Mental Health will only increase that
problem. Across the country, Patricia Weathers, the Carroll
Family, the Johnston Family, and the Salazar Family were all
charged or threatened with child abuse charges for refusing or
taking their children off of psychiatric medications.
(14) The United States Supreme Court in Pierce versus
Society of Sisters (268 U.S. 510 (1925)) held that parents have
a right to direct the education and upbringing of their
children.
(15) Universal or mandatory mental health screening
violates the right of parents to direct and control the
upbringing of their children.
(16) Federal funds should never be used to support programs
that could lead to the increased over-medication of children,
the stigmatization of children and adults as mentally disturbed
based on their political or other beliefs, or the violation of
the liberty and privacy of Americans by subjecting them to
invasive ``mental health screening'' (the results of which are
placed in medical records which are available to government
officials and special interests without the patient's consent).
SEC. 3. PROHIBITION AGAINST FEDERAL FUNDING OF UNIVERSAL OR MANDATORY
MENTAL HEALTH SCREENING.
(a) Universal or Mandatory Mental Health Screening Program.--No
Federal funds may be used to establish or implement any universal or
mandatory mental health screening program.
(b) Refusal to Consent as Basis of a Charge of Child Abuse or
Education Neglect.--No Federal education funds may be paid to any local
educational agency or other instrument of government that uses the
refusal of a parent or legal guardian to provide express, written,
voluntary, informed consent to mental health screening for his or her
child as the basis of a charge of child abuse or education neglect
until the agency or instrument demonstrates that it is no longer using
such refusal as a basis of a child abuse or education neglect charge.
(c) Definition.--For purposes of this Act, the term ``universal or
mandatory mental health screening program''--
(1) means any mental health screening program in which a
set of individuals (other than members of the Armed Forces or
individuals serving a sentence resulting from conviction for a
criminal offense) is automatically screened without regard to
whether there was a prior indication of a need for mental
health treatment; and
(2) includes--
(A) any program of State incentive grants for
transformation to implement recommendations in the July
2003 report of the President's New Freedom Commission
on Mental Health; and
(B) any student mental health screening program
that allows mental health screening of individuals
under 18 years of age without the express, written,
voluntary, informed consent of the parent or legal
guardian of the individual involved. | Let Parents Raise Their Kids Act of 2004 - Prohibits Federal funds from being used to establish or implement any universal or mandatory mental health screening program.
Prohibits Federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge.
Defines universal or mandatory mental health screening as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of State incentive grants to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved. | {"src": "billsum_train", "title": "To prohibit the use of Federal funds for any universal or mandatory mental health screening program."} | 1,895 | 228 | 0.410294 | 1.27774 | 0.61749 | 7.180952 | 8.390476 | 0.980952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lead Hazard Title X Amendments
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Poor housing conditions contribute to a wide range of
health conditions, including unintentional injuries,
respiratory illness, asthma, and cancer, which
disproportionately impact susceptible and vulnerable
populations, such as children, the poor, minorities, and people
with chronic medical conditions. For example--
(A) according to the Department of Housing and
Urban Development, nearly 6,000,000 housing units in
the United States had moderate to severe physical
infrastructure problems other than problems with lead
in 2007;
(B) the Centers for Disease Control and Prevention
found that about 23,000,000 housing units, most of them
built before 1960, have 1 or more lead-based paint
hazards, where young children under age 6 are
endangered by chipping or peeling lead paint or
excessive amounts of lead-contaminated dust. Of these
homes, about 1,100,000 housed low-income families with
1 or more children under age 6;
(C) low-level lead poisoning is widespread among
children in the United States, afflicting hundreds of
thousands of children under age 6, with minority and
low-income communities affected disproportionately;
(D) costs for asthma due to dampness and mold were
estimated at $3,500,000,000 in 2004, according to the
International Journal of Environment and Health;
(E) the Journal of Allergy and Clinical Immunology
found that about 17,000,000 homes have elevated levels
of 4 or more allergens, a condition that is associated
with symptoms among residents with allergic asthma;
(F) the Environmental Protection Agency found that
more than 6,800,000 housing units have radon exposures
above the current Environmental Protection Agency radon
action level; and
(G) the National Institutes of Health estimates
that radon exposures result in 21,000 radon-induced
lung cancer deaths per year, which cost $2,300,000,000
per year.
(2) The Federal Government must continue its leadership in
demonstrating and implementing projects that assess and correct
health hazards in the home environment to support the national
goal of providing decent, safe, and sanitary housing to every
family in the United States.
SEC. 3. DEFINITIONS.
Section 1004 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4851b) is amended--
(1) by redesignating paragraphs (11) through (27) as
paragraphs (13) through (29), respectively;
(2) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively;
(3) by inserting after paragraph (5) the following:
``(6) Eligible applicant.--The term `eligible applicant'
means a State, a unit of general local government, an Indian
tribe, or a private nonprofit organization that meets the
requirements of section 1101(b).''; and
(4) by inserting after paragraph (11), as so redesignated,
the following:
``(12) Housing-related health hazard.--The term `housing-
related health hazard' means any condition of residential real
property that poses a risk of biological, physical,
radiological, or chemical exposure that can adversely affect
human health.''.
SEC. 4. GRANT PROGRAM.
Section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4852) is amended--
(1) in the section heading, by striking ``grants for lead-
based paint hazard reduction in target housing'' and inserting
``grants for reduction of lead-based paint hazards and
correction of other housing-related hazards'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (D), respectively;
(B) in subparagraph (A), as so redesignated--
(i) by striking ``for grants'' and
inserting ``For grants''; and
(ii) by striking the semicolon at the end
and inserting a period;
(C) in subparagraph (B), as so redesignated--
(i) by striking ``for grants'' and
inserting ``For grants''; and
(ii) by striking ``; and'' and inserting a
period;
(D) by inserting after subparagraph (B), as so
redesignated, the following:
``(C) For grants made to carry out any of
paragraphs (1) through (9) or (11) of subsection (e),
the grants may not be used to assist federally assisted
housing, federally owned housing, or public housing.'';
(E) in subparagraph (D), as so redesignated, by
striking ``notwithstanding paragraphs (1) and (2)'' and
inserting ``Notwithstanding subparagraphs (A) and
(B)'';
(F) in the matter preceding subparagraph (A), as so
redesignated, by striking ``The Secretary'' and all
that follows through
``criteria--'' and inserting the following:
``(1) Authorization.--The Secretary is authorized to
provide grants to eligible applicants to evaluate and reduce
lead-based paint hazards and to identify and correct other
housing-related health hazards in accordance with the
provisions of this section.
``(2) Criteria.--The Secretary may make a grant under this
section only to provide housing that meets the following
criteria:''; and
(G) by adding at the end the following:
``(3) Income verification.--For the purpose of verifying
the income level of a family under subparagraphs (A) and (B),
the Secretary may establish a process by which a grantee may
first obtain and use income and program participation
information from an entity administering--
``(A) the HOME Investment Partnerships program
under title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.);
``(B) the special supplemental nutrition program
for women, infants, and children established under
section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786);
``(C) reduced price or free lunches under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
``(D) the weatherization assistance program for
low-income persons established under part A of title IV
of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.);
``(E) the temporary assistance for needy families
program established under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
``(F) the supplemental security income program
established under title XVI of the Social Security Act
(42 U.S.C. 1381 et seq.); or
``(G) any other program that the Secretary
determines is consistent with the family income
requirements of this section.'';
(3) by striking subsection (b) and inserting the following:
``(b) Eligible Applicants.--
``(1) Lead-based paint hazards.--
``(A) In general.--A State or unit of general local
government, as defined under section 104 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12704), that has an approved comprehensive
housing affordability strategy under section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705), or an Indian tribe recognized under
section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a), is eligible to apply
for a grant to carry out activities under any of
paragraphs (1) through (9) or (11) of subsection (e).
``(B) Exception.--A private nonprofit organization
shall be eligible to apply for a grant to carry out
activities under paragraphs (1) through (9) or (11) of
subsection (e) if the application adequately
demonstrates that it is being submitted in partnership
with the State or unit of general local government in
which the activities will be carried out.
``(2) Housing-related health hazards.--A private nonprofit
organization shall be eligible to apply for a grant to carry
out activities under subsection (e)(10).'';
(4) in subsection (c), in the matter preceding paragraph
(1), by striking ``a State or unit of local government'' and
inserting ``an eligible applicant'';
(5) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``in the case of a grant
to carry out activities relating to lead-based
paint hazards,'' before ``the extent''; and
(ii) by striking ``housing'' and inserting
``target housing or 0-bedroom dwellings
constructed before 1978'';
(B) in paragraph (2), by inserting ``or other
housing-related health hazards'' after ``lead-based
paint hazards'';
(C) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6); and
(D) by inserting after paragraph (1) the following:
``(2) in the case of a grant to carry out activities
relating to housing-related hazards, the extent to which the
proposed activities will correct housing-related health
hazards;'';
(6) in subsection (e)--
(A) in paragraph (5), by inserting ``renovations,
remodeling,'' after ``inspections,'';
(B) in paragraph (9)--
(i) by inserting ``before and'' after
``housing''; and
(ii) by striking ``and'' at the end;
(C) by redesignating paragraph (10) as paragraph
(11); and
(D) by inserting after paragraph (9) the following:
``(10) provide for the assessment and correction of
housing-related health hazards and the evaluation of the
effectiveness of the assessment and correction; and'';
(7) in subsection (l)--
(A) in paragraph (3), by inserting ``in the case of
a grant to carry out activities relating to lead-based
paint hazards,'' before ``the ability''; and
(B) in paragraph (4), by inserting ``and other
housing-related health hazards have been corrected''
after ``abated''; and
(8) in subsection (n), by inserting ``or Indian tribe''
after ``State'' each place that term appears.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 1011 of the Residential Lead-based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4852) is amended by striking subsection (p) and
inserting the following:
``(p) Allocation of Amounts Appropriated for Housing-Related Health
Hazards.--
``(1) In general.--Except as provided in paragraph (2), not
more than 25 percent of the amounts made available under
subsection (q) for a fiscal year shall be available for grants
to carry out activities under subsection (e)(10).
``(2) Exception.--If an amount that is not more than
$120,000,000 is appropriated for a fiscal year, not more than
$30,000,000 of that amount shall be available for grants to
carry out activities under subsection (e)(10) for that fiscal
year.
``(q) Authorization of Appropriations.--For purposes of carrying
out this subtitle, there are authorized to be appropriated $250,000,000
for each of fiscal years 2014 through 2018.''. | Lead Hazard Title X Amendments Act - Amends the Residential Lead-Based Paint Hazard Reduction Act of 1992 to revise the purpose for grants for lead-based paint hazard reduction in target housing. Requires such grants to be made instead for reduction of lead-based paint hazards and correction of other housing-related hazards. Authorizes the Secretary of Housing and Urban Development (HUD) to establish a process by which, in order to verify a family's income level, a grantee may first obtain and use income and program participation information from an entity administering: (1) the HOME Investment Partnerships program under the Cranston-Gonzalez National Affordable Housing Act; (2) the special supplemental nutrition program for women, infants, and children (WIC) established under the Child Nutrition Act of 1966; (3) reduced price or free lunches under the Richard B. Russell National School Lunch Act; (4) the weatherization assistance program for low-income persons established under the Energy Conservation and Production Act; (5) the temporary assistance for needy families (TANF) program under part A of title IV of the Social Security Act (SSA); (6) the supplemental security income (SSI) program under SSA title XVI; or (7) any other program consistent with the family income requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992. Makes eligible to apply for such a grant, in addition to certain state or local governments, for specified activities relating to lead-based paint hazards: (1) an Indian tribe, and (2) private nonprofit organization partnering with the state or unit of general local government in which the activities will be carried out. Makes a private nonprofit organization not partnering with a state or local government eligible all the same to apply for a grant to reduce housing-related health hazards, including any condition of residential real property that poses a risk of biological, physical, radiological, or chemical exposure that can adversely affect human health. Revises grantee selection criteria for a grant to carry out activities relating to lead-based paint hazards, and prescribes criteria for activities relating to housing-related hazards. Prescribes an allocation of funds for grants to assess and correct housing-related health hazards and evaluate the effectiveness of such assessments and corrections. Reauthorizes the Act for FY2014-FY2018. | {"src": "billsum_train", "title": "Lead Hazard Title X Amendments Act"} | 2,602 | 503 | 0.526508 | 1.812811 | 0.664951 | 4.351351 | 5.470721 | 0.923423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Adopting Families
Act''.
SEC. 2. DEDUCTION FOR ADOPTION EXPENSES.
(a) Deduction for Adoption Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional
itemized deductions for individuals) is amended by
redesignating section 220 as section 221 and by inserting after
section 219 the following new section:
``SEC. 220. ADOPTION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year the amount of the
qualified adoption expenses paid or incurred by the taxpayer during
such taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount allowable as
a deduction under subsection (a) for all taxable years with
respect to the legal adoption of any single child by the
taxpayer shall not exceed $5,000 ($7,000, in the case of an
international adoption).
``(2) Income limitation.--The amount allowable as a
deduction under subsection (a) for any taxable year shall be
reduced (but not below zero) by an amount which bears the same
ratio to the amount so allowable (determined without regard to
this paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income (determined without regard to this
section and section 137) exceeds $60,000, bears to
``(B) $10,000.
``(3) Denial of double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any expense for which a
deduction or credit is allowable under any other
provision of this chapter.
``(B) Grants.--No deduction shall be allowed under
subsection (a) for any expenses paid from any funds
received under any Federal, State, or local program.
``(C) Employer program.--No deduction shall be
allowed under subsection (a) for any expenses paid by
an employer which are excludible from gross income
under section 137(a).
``(c) Qualified Adoption Expenses.--For purposes of this section:
``(1) In general.--The term `qualified adoption expenses'
means reasonable and necessary adoption fees (including agency
fees), court costs, attorney fees, and other expenses which--
``(A) are directly related to the legal adoption of
a child by the taxpayer but only if such adoption has
been arranged--
``(i) by a State or local agency with
responsibility under State or local law for
child placement through adoption,
``(ii) by a non-profit, voluntary adoption
agency which is authorized by State or local
law to place children for adoption, or
``(iii) through a private placement, and
``(B) are not incurred in violation of State or
Federal law.
``(2) Adoption expenses not to include certain amounts.--
The term `qualified adoption expenses' shall not include any
expenses in connection with--
``(A) the adoption by an individual of a child who
is the child of such individual's spouse, or
``(B) travel outside the United States, unless such
travel is required--
``(i) as a condition of a legal adoption by
the country of the child's origin,
``(ii) to assess the health and status of
the child to be adopted, or
``(iii) to escort the child to be adopted
to the United States.
``(3) Child.--The term `child' means an individual who at
the time of adoption under this section has not attained the
age of 18.''.
(2) Clerical amendment.--The table of sections for such
part VII is amended by striking the item relating to section
220 and inserting the following:
``Sec. 220. Adoption expenses.
``Sec. 221. Cross reference.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by adding after
paragraph (15) the following new paragraph:
``(16) Adoption expenses.--The deduction allowed by section
220.''.
(c) Adoption Assistance Programs.--
(1) In general.--Part III of subchapter B of chapter 1 of
such Code (relating to items specifically excluded from gross
income) is amended by redesignating section 137 as section 138
and by inserting after section 136 the following new section:
``SEC. 137. ADOPTION ASSISTANCE PROGRAMS.
``(a) In General.--Gross income of an employee does not include
amounts paid or expenses incurred by the employer for qualified
adoption expenses in connection with the adoption of a child by an
employee if such amounts are furnished pursuant to an adoption
assistance program.
``(b) Limitations.--
``(1) Dollar limitation.--The aggregate amount excludable
from gross income under subsection (a) for all taxable years
with respect to the legal adoption of any single child by the
taxpayer shall not exceed the excess (if any) of $5,000 ($7,000
in the case of an international adoption).
``(2) Income limitation.--The amount excludable from gross
income 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 excludable (determined without regard to
this paragraph but with regard to paragraph (1)) as--
``(A) the amount (if any) by which the taxpayer's
taxable income (determined without regard to this
section and section 220) exceeds $60,000, bears to
``(B) $10,000.
``(c) Adoption Assistance Program.--For purposes of this section,
an adoption assistance program is a plan of an employer--
``(1) under which the employer provides employees with
adoption assistance, and
``(2) which meets requirements similar to the requirements
of paragraphs (2), (3), and (5) of section 127(b).
``(d) Qualified Adoption Expenses.--For purposes of this section,
the term `qualified adoption expenses' has the meaning given such term
by section 220(c).''.
(2) Clerical amendment.--The table of sections for such
part III is amended by striking the item relating to section
137 and inserting the following:
``Sec. 137. Adoption assistance programs.
``Sec. 138. Cross reference to other
Acts.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 1993. | Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Makes deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency or through a private placement.
Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program.
Limits both the deduction and the exclusion to $5,000 ($7,000 in the case of an international adoption). Reduces the amount when the taxpayer's income exceeds $60,000.
Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses. | {"src": "billsum_train", "title": "Fairness for Adopting Families Act"} | 1,544 | 182 | 0.616045 | 1.592842 | 0.852852 | 2.257862 | 8.811321 | 0.823899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare+Choice Revitalization Act
of 2003''.
SEC. 2. MEDICARE+CHOICE IMPROVEMENTS.
(a) Equalizing Payments Between Fee-for-Service and
Medicare+Choice.--
(1) In general.--Section 1853(c)(1) of the Social Security
Act (42 U.S.C. 1395w-23(c)(1)) is amended by adding at the end
the following:
``(D) Based on 100 percent of fee-for-service
costs.--
``(i) In general.--For 2004 and any
subsequent year, the adjusted average per
capita cost for the year involved, determined
under section 1876(a)(4) for the
Medicare+Choice payment area for services
covered under parts A and B for individuals
entitled to benefits under part A and enrolled
under part B who are not enrolled in a
Medicare+Choice plan under this part for the
year.
``(ii) Inclusion of costs of va and dod
military facility services to medicare-Eligible
beneficiaries.--In determining the adjusted
average per capita cost under clause (i) for a
year, such cost shall be adjusted to include
the Secretary's estimate, on a per capita
basis, of the amount of additional payments
that would have been made in the area involved
under this title if individuals entitled to
benefits under this title had not received
services from facilities of the Department of
Veterans Affairs or the Department of
Defense.''.
(2) Conforming amendment.--Such section is further amended,
in the matter before subparagraph (A), by striking ``or (C)''
and inserting ``(C), or (D)''.
(b) Revision of Blend.--
(1) Revision of national average used in calculation of
blend.--Section 1853(c)(4)(B)(i)(II) of such Act (42 U.S.C.
1395w-23(c)(4)(B)(i)(II)) is amended by inserting ``who (with
respect to determinations for 2004 and any subsequent year) are
enrolled in a Medicare+Choice plan'' after ``the average number
of medicare beneficiaries''.
(2) Change in budget neutrality.--Section 1853(c) of such
Act (42 U.S.C. 1395w-23(c)) is amended--
(A) in paragraph (1)(A), by inserting ``(for a year
before 2003)'' after ``multiplied''; and
(B) in paragraph (5), by inserting ``(before
2003)'' after ``for each year''.
(c) Revision in Minimum Percentage Increase.--Section 1853(c)(1)(C)
of such Act (42 U.S.C. 1395w-23(c)(1)(C)) is amended by striking clause
(iv) and inserting the following:
``(iv) For 2002 and 2003, 102 percent of
the annual Medicare+Choice capitation rate
under this paragraph for the area for the
previous year.
``(v) For 2004 and each succeeding year,
104 percent of the annual Medicare+Choice
capitation rate under this paragraph for the
area for the previous year.''.
(d) Inclusion of Costs of DOD and VA Military Facility Services to
Medicare-Eligible Beneficiaries in Calculation of Medicare+Choice
Payment Rates.--Section 1853(c)(3) of such Act (42 U.S.C. 1395w-
23(c)(3)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (E)'', and
(2) by adding at the end the following new subparagraph:
``(E) Inclusion of costs of dod and va military
facility services to medicare-eligible beneficiaries.--
In determining the area-specific Medicare+Choice
capitation rate under subparagraph (A) for a year
(beginning with 2004), the annual per capita rate of
payment for 1997 determined under section 1876(a)(1)(C)
shall be adjusted to include in the rate the
Secretary's estimate, on a per capita basis, of the
amount of additional payments that would have been made
in the area involved under this title if individuals
entitled to benefits under this title had not received
services from facilities of the Department of Defense
or the Department of Veterans Affairs.''.
(e) Announcement of Revised Medicare+Choice Payment Rates.--Within
4 weeks after the date of the enactment of this Act, the Secretary
shall determine, and shall announce (in a manner intended to provide
notice to interested parties) Medicare+Choice capitation rates under
section 1853 of the Social Security Act (42 U.S.C. 1395w-23) for 2004,
revised in accordance with the provisions of this section.
(f) MedPAC Study of AAPCC.--
(1) Study.--The Medicare Payment Advisory Commission shall
conduct a study that assesses the method used for determining
the adjusted average per capita cost (AAPCC) under section
1876(a)(4) of the Social Security Act (42 U.S.C. 1395mm(a)(4)). Such
study shall examine--
(A) the bases for variation in such costs between
different areas, including differences in input prices,
utilization, and practice patterns;
(B) the appropriate geographic area for payment
under the Medicare+Choice program under part C of title
XVIII of such Act; and
(C) the accuracy of risk adjustment methods in
reflecting differences in costs of providing care to
different groups of beneficiaries served under such
program.
(2) Report.--Not later than 9 months after the date of the
enactment of this Act, the Commission shall submit to Congress
a report on the study conducted under paragraph (1). Such
report shall include recommendations regarding changes in the
methods for computing the adjusted average per capita cost
among different areas.
(g) Report on Impact of Increased Financial Assistance to
Medicare+Choice Plans.--Not later than July 1, 2004, the Secretary of
Health and Human Services shall submit to Congress a report that
describes the impact of additional financing provided under this Act
and other Acts (including the Medicare, Medicaid, and SCHIP Balanced
Budget Refinement Act of 1999 and BIPA) on the availability of
Medicare+Choice plans in different areas and its impact on lowering
premiums and increasing benefits under such plans.
SEC. 3. MAKING PERMANENT CHANGE IN MEDICARE+CHOICE REPORTING DEADLINES
AND ANNUAL, COORDINATED ELECTION PERIOD.
(a) Change in Reporting Deadline.--Section 1854(a)(1) of the Social
Security Act (42 U.S.C. 1395w-24(a)(1)) is amended by striking ``2002,
2003, and 2004 (or July 1 of each other year)'' and inserting ``2002
and each subsequent year (or July 1 of each year before 2002)''.
(b) Delay in Annual, Coordinated Election Period.--Section
1851(e)(3)(B) of such Act (42 U.S.C. 1395w-21(e)(3)(B)) is amended by
striking ``and after 2005, the month of November before such year and
with respect to 2003, 2004, and 2005'' and inserting ``, the month of
November before such year and with respect to 2003 and any subsequent
year''.
(c) Annual Announcement of Payment Rates.--Section 1853(b)(1) of
such Act (42 U.S.C. 1395w-23(b)(1)) is amended by striking ``and after
2005 not later than March 1 before the calendar year concerned and for
2004 and 2005'' and inserting ``not later than March 1 before the
calendar year concerned and for 2004 and each subsequent year''.
(d) Requiring Provision of Available Information Comparing Plan
Options.--The first sentence of section 1851(d)(2)(A)(ii) of such Act
(42 U.S.C. 1395w-21(d)(2)(A)(ii)) is amended by inserting before the
period the following: ``to the extent such information is available at
the time of preparation of materials for the mailing''.
SEC. 4. AVOIDING DUPLICATIVE STATE REGULATION.
(a) In General.--Section 1856(b)(3) of the Social Security Act (42
U.S.C. 1395w-26(b)(3)) is amended to read as follows:
``(3) Relation to state laws.--The standards established
under this subsection shall supersede any State law or
regulation (other than State licensing laws or State laws
relating to plan solvency) with respect to Medicare+Choice
plans which are offered by Medicare+Choice organizations under
this part.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 5. SPECIALIZED MEDICARE+CHOICE PLANS FOR SPECIAL NEEDS
BENEFICIARIES.
(a) Treatment as Coordinated Care Plan.--Section 1851(a)(2)(A) of
the Social Security Act (42 U.S.C. 1395w-21(a)(2)(A)) is amended by
adding at the end the following new sentence: ``Specialized
Medicare+Choice plans for special needs beneficiaries (as defined in
section 1859(b)(4)) may be any type of coordinated care plan.''.
(b) Specialized Medicare+Choice Plan for Special Needs
Beneficiaries Defined.--Section 1859(b) of such Act (42 U.S.C. 1395w-
29(b)) is amended by adding at the end the following new paragraph:
``(4) Specialized medicare+choice plans for special needs
beneficiaries.--
``(A) In general.--The term `specialized
Medicare+Choice plan for special needs beneficiaries'
means a Medicare+Choice plan that exclusively serves
special needs beneficiaries (as defined in subparagraph
(B)).
``(B) Special needs beneficiary.--The term `special
needs beneficiary' means a Medicare+Choice eligible
individual who--
``(i) is institutionalized (as defined by
the Secretary);
``(ii) is entitled to medical assistance
under a State plan under title XIX;
``(iii) is residing in a Continuing Care
Retirement Community (as defined in section
1852(l)(4)(B); or
``(iv) meets such requirements as the
Secretary may determine would benefit from
enrollment in such a specialized
Medicare+Choice plan described in subparagraph
(A) for individuals with severe or disabling
chronic conditions.''.
(c) Restriction on Enrollment Permitted.--Section 1859 of such Act
(42 U.S.C. 1395w-29) is amended by adding at the end the following new
subsection:
``(f) Restriction on Enrollment for Specialized Medicare+Choice
Plans for Special Needs Beneficiaries.--In the case of a specialized
Medicare+Choice plan (as defined in subsection (b)(4)), notwithstanding
any other provision of this part and in accordance with regulations of
the Secretary and for periods before January 1, 2007, the plan may
restrict the enrollment of individuals under the plan to individuals
who are within one or more classes of special needs beneficiaries.''.
(d) Report to Congress.--Not later than December 31, 2006, the
Medicare Benefits Administrator shall submit to Congress a report that
assesses the impact of specialized Medicare+Choice plans for special
needs beneficiaries on the cost and quality of services provided to
enrollees. Such report shall include an assessment of the costs and
savings to the medicare program as a result of amendments made by
subsections (a), (b), and (c).
(e) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b), and (c) shall take effect upon the date of the enactment
of this Act.
(2) Deadline for issuance of requirements for special needs
beneficiaries; transition.--No later than 6 months after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall issue final regulations to establish
requirements for special needs beneficiaries under section
1859(b)(4)(B)(iii) of the Social Security Act, as added by
subsection (b). | Medicare+Choice Revitalization Act of 2003 - Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA) to make each annual Medicare+Choice capitation rate for a Medicare+Choice payment area for a contract year equal to the largest of the amounts specified under current law or, for 2004 and any subsequent year, 100 percent of the fee-for-service costs for the Medicare+Choice payment area for services covered under Medicare parts A (Hospital Insurance) or B (Supplementary Medical Insurance) for individuals entitled to benefits under part A and enrolled under part B who are not enrolled in a Medicare+Choice plan for the year.Provides that, in determining the adjusted average per capita cost of Medicare+Choice for a year, such cost shall be adjusted to include the Secretary of Health and Human Services's estimate, on a per capita basis, of the amount of additional payments that would have been made in the area involved under Medicare if individuals entitled to Medicare benefits had not received services from facilities of the Department of Veterans Affairs (VA) or the Department of Defense (DOD).Revises the calculation of the national standardized annual Medicare+Choice capitation rate used in determining the input-price-adjusted annual national Medicare+Choice capitation rate for a Medicare+Choice payment area.Terminates use of a payment adjustment budget neutrality factor after 2003.Raises the minimum percentage increase for calculation of annual Medicare+Choice capitation rates, beginning 2004, to 104 percent of the annual rate for the area for the previous year.Provides for the inclusion of costs of DOD and VA military facility services to Medicare-eligible beneficiaries in calculation of Medicare+Choice payment rates.Makes permanent the current Medicare+Choice reporting deadlines, and makes the month of November the permanent annual coordinated election period.Declares that Federal standards supercede certain State law or regulations with respect to Medicare+Choice plans.Prescribes requirements for specialized Medicare+Choice plans for special needs beneficiaries, allowing them to be any type of coordinated care plan. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to revitalize and improve the Medicare+Choice program."} | 2,886 | 491 | 0.664417 | 2.00038 | 0.793786 | 3.961111 | 6.255556 | 0.905556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Lives First Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to the United Nations, there were--
(A) 33,200,000 people living with HIV/AIDS
worldwide in 2007, including 22,500,000 people in sub-
Saharan Africa;
(B) 2,500,000 new HIV/AIDS infections in 2007,
including 1,700,000 in sub-Saharan Africa; and
(C) 2,010,000 people on antiretroviral therapy in
developing countries in 2006.
(2) Over 2,100,000 people die from AIDS every year.
(3) Fewer than 10 percent of HIV-infected individuals in
the developing world receive treatment.
(4) More than 80 percent of people with HIV/AIDS in
developing countries are unaware of their status.
(5) Peer-reviewed studies have shown that patients who are
well managed on anti-retroviral therapy achieve low viral
loads, which may reduce their chances of infecting others.
(6) Perinatal transmission is the leading cause of
pediatric HIV infections, despite medical advances that have
made it possible to nearly eliminate perinatal HIV
transmission.
(7) Research studies have demonstrated that the
administration of antiretroviral medication during pregnancy,
during labor, and immediately following birth can significantly
reduce the transmission of HIV from an infected mother to her
baby.
(8) Nevirapine, an antiretroviral drug that costs less than
$4 a dose, has been proven to prevent HIV transmission from
mother to child with the administration of just two doses.
(9) Even if treatment begins shortly after birth,
antiretroviral therapy can substantially reduce the chance that
an HIV-exposed infant will become infected.
(10) The American Medical Association recommends universal
HIV testing of all newborns with appropriate treatment for
affected mothers and children.
(11) Testing newborns whose mothers' statuses are unknown
ensures that every child at risk for HIV is identified.
(12) The provision of testing of pregnant women and
newborns with appropriate counseling and treatment can
significantly reduce the number of pediatric HIV infections,
including AIDS cases, improve access to medical care for women
and children, and provide opportunities to further reduce
transmission among adults.
(13) The provision of such testing, counseling, and
treatment can reduce the overall cost of pediatric HIV
infections, including AIDS cases.
(14) Saving lives with HIV/AIDS treatment is the best way
to prevent children from becoming orphans and to preserve the
family and community structure so essential to social cohesion
and economic prosperity in communities affected by AIDS.
(15) The provision of HIV/AIDS treatment has brought hope,
health, and a future to communities living under a death
sentence, and with worldwide death rates still exceeding
2,100,000 per year, other objectives, although meritorious,
must defer to testing and treatment.
SEC. 3. ALLOCATION OF FUNDS FOR THERAPEUTIC MEDICAL CARE.
Section 403(a) of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673(a)) is amended by
striking ``(a) Therapeutic Medical Care.--'' and all that follows
through ``related care. For fiscal years 2006 through 2008'' and
inserting the following: ``(a) Therapeutic Medical Care.--
``(1) Allocation of hiv assistance funds.--
``(A) In general.--For fiscal years 2009 through
2013--
``(i) not less than 55 percent of the
amounts appropriated pursuant to the
authorization of appropriations under section
401 for HIV/AIDS assistance for each such
fiscal year shall be expended for therapeutic
medical care of individuals infected with HIV,
in furtherance of the requirement under
subparagraph (B)(i);
``(ii) not less than 5 percent of the
amounts appropriated pursuant to the
authorization of appropriations under section
401 for HIV/AIDS assistance for each such
fiscal year shall be expended to expand the use
of rapid HIV/AIDS testing, in furtherance of
the requirement under subparagraph (B)(ii); and
``(iii) not less than 25 percent of the
amount allocated under clause (ii) shall be
expended for assistance to countries that have
adopted a national policy of universal,
routine, rapid HIV/AIDS diagnosis of all
patients of publicly funded facilities,
including pregnant women and newborns.
``(B) Required medical progress.--The President
shall ensure that, by the end of fiscal year 2013--
``(i) antiretroviral treatment for HIV/AIDS
and associated opportunistic infections or
medical monitoring of HIV-seropositive people
not in clinical need of retroviral treatment
has been provided to no fewer than 7,000,000
people living in countries receiving funding
under this Act;
``(ii) no fewer than 1,000,000,000 rapid
tests for HIV/AIDS have been conducted on
people living in countries receiving funding
under this Act; and
``(iii) every available intervention is
provided to ensure that 100 percent of infants
born to HIV-infected women in countries where
funds are expended pursuant to this Act are
born uninfected and remain uninfected for at
least the first year after birth, as measured
by 100 percent diagnosis of pregnant women for
HIV infection and of newborns for HIV
antibodies and 100 percent treatment for each
such mother or child diagnosed.
``(2) Allocation of hiv/aids prevention funds.--For fiscal
years 2006 through 2008''. | Save Lives First Act of 2008 - Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to allocate FY2009-FY2013 HIV/AIDS assistance as follows: (1) at least 55% for therapeutic medical care of individuals infected with HIV; and (2) at least 5% percent to expand the use of rapid HIV/AIDS testing, of which at least 25% shall be expended for assistance to countries that have adopted a national policy of universal rapid HIV/AIDS diagnosis of all patients of publicly funded facilities, including pregnant women and newborns.
Requires the President to ensure that, by the end of FY2013, specified HIV/AIDS treatment, testing, and intervention goals have been met. | {"src": "billsum_train", "title": "A bill to ensure that the highest priority for HIV/AIDS-related funding is saving lives most immediately and urgently threatened by HIV-AIDS, including babies at risk of being infected at birth."} | 1,207 | 160 | 0.514358 | 1.443716 | 0.579647 | 4.169014 | 7.908451 | 0.915493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Data Center Consolidation
Act of 2013''.
SEC. 2. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE.
(a) Definitions.--In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator for the Office of E-Government and Information
Technology within the Office of Management and Budget.
(2) Covered agency.--The term ``covered agency'' means the
following (including all associated components of the agency):
(A) Department of Agriculture;
(B) Department of Commerce;
(C) Department of Defense;
(D) Department of Education;
(E) Department of Energy;
(F) Department of Health and Human Services;
(G) Department of Homeland Security;
(H) Department of Housing and Urban Development;
(I) Department of the Interior;
(J) Department of Justice;
(K) Department of Labor;
(L) Department of State;
(M) Department of Transportation;
(N) Department of Treasury;
(O) Department of Veterans Affairs;
(P) Environmental Protection Agency;
(Q) General Services Administration;
(R) National Aeronautics and Space Administration;
(S) National Science Foundation;
(T) Nuclear Regulatory Commission;
(U) Office of Personnel Management;
(V) Small Business Administration;
(W) Social Security Administration; and
(X) United States Agency for International
Development.
(3) FDCCI.--The term ``FDCCI'' means the Federal Data
Center Consolidation Initiative described in the Office of
Management and Budget Memorandum on the Federal Data Center
Consolidation Initiative, dated February 26, 2010, or any
successor thereto.
(4) Government-wide data center consolidation and
optimization metrics.--The term ``Government-wide data center
consolidation and optimization metrics'' means the metrics
established by the Administrator under subsection (b)(2)(G).
(b) Federal Data Center Consolidation Inventories and Strategies.--
(1) In general.--
(A) Annual reporting.--Each year, beginning in the
first fiscal year after the date of enactment of this
Act and each fiscal year thereafter, the head of each
covered agency, assisted by the Chief Information
Officer of the agency, shall submit to the
Administrator--
(i) a comprehensive inventory of the data
centers owned, operated, or maintained by or on
behalf of the agency; and
(ii) a multi-year strategy to achieve the
consolidation and optimization of the data
centers inventoried under clause (i), that
includes--
(I) performance metrics--
(aa) that are consistent
with the Government-wide data
center consolidation and
optimization metrics; and
(bb) by which the
quantitative and qualitative
progress of the agency toward
the goals of the FDCCI can be
measured;
(II) a timeline for agency
activities to be completed under the
FDCCI, with an emphasis on benchmarks
the agency can achieve by specific
dates;
(III) year-by-year calculations of
investment and cost savings for the
period beginning on the date of
enactment of this Act and ending on the
date described in subsection (e),
broken down by each year, including a
description of any initial costs for
data center consolidation and
optimization and life cycle cost
savings and other improvements, with an
emphasis on--
(aa) meeting the
Government-wide data center
consolidation and optimization
metrics; and
(bb) demonstrating the
amount of agency-specific cost
savings each fiscal year
achieved through the FDCCI; and
(IV) any additional information
required by the Administrator.
(B) Use of other reporting structures.--The
Administrator may require a covered agency to include
the information required to be submitted under this
subsection through reporting structures determined by
the Administrator to be appropriate.
(C) Department of defense reporting.--For any year
that the Department of Defense is required to submit a
performance plan for reduction of resources required
for data servers and centers, as required under section
2867(b) of the National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a note), the Department
of Defense--
(i) may submit to the Administrator, in
lieu of the multi-year strategy required under
subparagraph (A)(ii)--
(I) the defense-wide plan required
under section 2867(b)(2) of the
National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a
note); and
(II) the report on cost savings
required under section 2867(d) of the
National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 2223a
note); and
(ii) shall submit the comprehensive
inventory required under subparagraph (A)(i),
unless the defense-wide plan required under
section 2867(b)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (10
U.S.C. 2223a note)--
(I) contains a comparable
comprehensive inventory; and
(II) is submitted under clause (i).
(D) Statement.--Each year, beginning in the first
fiscal year after the date of enactment of this Act and
each fiscal year thereafter, the head of each covered
agency, acting through the Chief Information Officer of
the agency, shall--
(i)(I) submit a statement to the
Administrator stating whether the agency has
complied with the requirements of this Act; and
(II) make the statement submitted under
subclause (I) publically available; and
(ii) if the agency has not complied with
the requirements of this Act, submit a
statement to the Administrator explaining the
reasons for not complying with such
requirements.
(E) Agency implementation of strategies.--Each
covered agency, under the direction of the Chief
Information Officer of the agency, shall--
(i) implement the strategy required under
subparagraph (A)(ii); and
(ii) provide updates to the Administrator,
on a quarterly basis, of--
(I) the completion of activities by
the agency under the FDCCI;
(II) any progress of the agency
towards meeting the Government-wide
data center consolidation and
optimization metrics; and
(III) the actual cost savings and
other improvements realized through the
implementation of the strategy of the
agency.
(F) Rule of construction.--Nothing in this Act
shall be construed to limit the reporting of
information by a covered agency to the Administrator,
the Director of the Office of Management and Budget, or
Congress.
(2) Administrator responsibilities.--The Administrator
shall--
(A) establish the deadline, on an annual basis, for
covered agencies to submit information under this
section;
(B) establish a list of requirements that the
covered agencies must meet to be considered in
compliance with paragraph (1);
(C) ensure that information relating to agency
progress towards meeting the Government-wide data
center consolidation and optimization metrics is made
available in a timely manner to the general public;
(D) review the inventories and strategies submitted
under paragraph (1) to determine whether they are
comprehensive and complete;
(E) monitor the implementation of the data center
strategy of each covered agency that is required under
paragraph (1)(A)(ii);
(F) update, on an annual basis, the cumulative cost
savings realized through the implementation of the
FDCCI; and
(G) establish metrics applicable to the
consolidation and optimization of data centers
Government-wide, including metrics with respect to--
(i) costs;
(ii) efficiencies, including at least
server efficiency; and
(iii) any other metrics the Administrator
establishes under this subparagraph.
(3) Cost saving goal and updates for congress.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
develop, and make publically available, a goal, broken
down by year, for the amount of planned cost savings
and optimization improvements achieved through the
FDCCI during the period beginning on the date of
enactment of this Act and ending on the date described
in subsection (e).
(B) Annual update.--
(i) In general.--Not later than 1 year
after the date on which the goal described in
subparagraph (A) is made publically available,
and each year thereafter, the Administrator
shall aggregate the reported cost savings of
each covered agency and optimization
improvements achieved to date through the FDCCI
and compare the savings to the projected cost
savings and optimization improvements developed
under subparagraph (A).
(ii) Update for congress.--The goal
required to be developed under subparagraph (A)
shall be submitted to Congress and shall be
accompanied by a statement describing--
(I) whether each covered agency has
in fact submitted a comprehensive asset
inventory, including an assessment
broken down by agency, which shall
include the specific numbers,
utilization, and efficiency level of
data centers; and
(II) whether each covered agency
has submitted a comprehensive
consolidation strategy with the key
elements described in paragraph
(1)(A)(ii).
(4) GAO review.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and each year
thereafter, the Comptroller General of the United
States shall review and verify the quality and
completeness of the asset inventory and strategy of
each covered agency required under paragraph (1)(A).
(B) Report.--The Comptroller General of the United
States shall, on an annual basis, publish a report on
each review conducted under subparagraph (A).
(c) Ensuring Cybersecurity Standards for Data Center Consolidation
and Cloud Computing.--
(1) In general.--In implementing a data center
consolidation and optimization strategy under this Act, a
covered agency shall do so in a manner that is consistent with
Federal guidelines on cloud computing security, including--
(A) applicable provisions found within the Federal
Risk and Authorization Management Program (FedRAMP);
and
(B) guidance published by the National Institute of
Standards and Technology.
(2) Rule of construction.--Nothing in this Act shall be
construed to limit the ability of the Director of the Office of
Management and Budget to update or modify the Federal
guidelines on cloud computing security.
(d) Waiver of Requirements.--The Director of National Intelligence
and the Secretary of Defense, or their respective designee, may waive
the applicability to any national security system, as defined in
section 3542 of title 44, United States Code, of any provision of this
Act if the Director of National Intelligence or the Secretary of
Defense, or their respective designee, determines that such waiver is
in the interest of national security. Not later than 30 days after
making a waiver under this subsection, the Director of National
Intelligence or the Secretary of Defense, or their respective designee,
shall submit to the Committee on Homeland Security and Governmental
Affairs and the Select Committee on Intelligence of the Senate and the
Committee on Oversight and Government Reform and the Permanent Select
Committee on Intelligence of the House of Representatives a statement
describing the waiver and the reasons for the waiver.
(e) Sunset.--This Act is repealed effective on October 1, 2018.
Passed the Senate September 18, 2014.
Attest:
NANCY ERICKSON,
Secretary. | Federal Data Center Consolidation Act of 2013 - Requires the heads of specified federal agencies, assisted by their chief information officers, to submit to the Administrator for the Office of E-Government and Information Technology of the Office of Management and Budget (OMB) each fiscal year: (1) a comprehensive inventory of data centers owned, operated, or maintained by each such agency; and (2) a multi-year strategy to achieve the consolidation and optimization of such data centers that includes performance metrics, a timeline for agency activities to be completed under the OMB Federal Data Center Consolidation Initiative (FDCCI), and year-by-year calculations of investments and cost savings. Provides that for any year that the Department of Defense (DOD) is required to submit a performance plan for the reduction of resources required for data servers and centers, DOD: (1) may submit to the Administrator, in lieu of the multi-year strategy, the defense-wide plan and report on cost savings required by the National Defense Authorization Act for Fiscal Year 2012; and (2) shall submit the comprehensive inventory required by this Act unless the defense-wide plan contains a comparable comprehensive inventory. Requires the Administrator to: (1) establish deadlines for annual reporting and requirements such agencies must meet to be considered in compliance with this Act, (2) develop and make publicly available a goal for the amount of planned cost savings and optimization improvements achieved through the FDCCI during a specified period, (3) aggregate the reported cost savings of each agency and optimization improvements achieved to date through the FDCCI and compare such savings to the projected cost savings and optimization improvements achieved through the FDCCI, and (4) report to Congress. Directs the Comptroller General (GAO) to review and verify the quality and completeness of the asset inventory and strategy of each agency and report to Congress. Requires such agencies to implement their data center consolidation and optimization strategies consistent with federal guidelines on cloud computing security, including: (1) applicable provisions in the Federal Risk and Authorization Management Program (FedRAMP), and (2) guidance published by the National Institute of Standards and Technology (NIST). Authorizes the Director of National Intelligence (DNI) and the Secretary of Defense to waive the applicability of any provision of this Act to any national security system if such waiver is in the interest of national security. Requires the Director or the Secretary to submit to specified congressional committees a statement describing the waiver and the reasons for it. Repeals this Act effective on October 1, 2018. | {"src": "billsum_train", "title": "Federal Data Center Consolidation Act of 2013"} | 2,446 | 560 | 0.629109 | 1.970089 | 0.397152 | 3.973306 | 4.75154 | 0.934292 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Joint Commission
on Budget Process Reform Act of 2018''.
(b) Purpose.--The purpose of this Act is to establish a Joint
Commission on Budget Process Reform.
SEC. 2. THE JOINT COMMISSION ON BUDGET PROCESS REFORM.
(a) Establishment.--There is established is an independent
commission to be known as the Joint Commission on Budget Process Reform
(hereafter referred to as the ``joint commission'').
(b) Duties.--The joint commission shall carry out the following
duties:
(1) Studying procedures on the budget and Federal
expenditures.
(2) Conducting at least four public hearings to examine
potential budget process reforms before dissolution of the
joint commission.
(3) Seeking recommendations from economists, experts,
Members of Congress, Federal agencies, educational
institutions, State legislatures, and private organizations on
ways to reform the congressional budget process.
(4) Drafting a bill that amends the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
(5) Submitting a report to each House of Congress
containing the bill it recommends and such other matters it
deems appropriate.
(c) Contents of Report.--The joint commission shall examine the
following issues and include a summary of its findings respecting those
issues in the report required under subsection (b)(5):
(1) Potential changes and enforcement tools to ensure an
on-time completion of the congressional budget process.
(2) Procedures to address mandatory spending levels.
(3) The impact of instituting long-term debt limits.
(4) Procedures to increase inclusiveness and transparency
in the congressional budget process.
(5) The feasibility of a balanced budget amendment.
(6) The impact of a binding congressional budget.
(7) The need to reauthorize the Congressional Budget Office
in an effort to provide greater assistance to the House and
Senate Budget Committees.
(8) The feasibility of changing the fiscal year from
October 1st to January 1st so it aligns with the calendar year.
(9) The examination of whether or not there should be term
limits for members to serve on the Budget Committees of the
House of Representatives and the Senate.
(10) The efficiency of annual budgeting in comparison to
biennial budgeting.
(d) Appointment.--
(1) The joint commission shall be composed of the following
23 members:
(A) The chair of the Committee on the Budget of the
House of Representatives.
(B) The ranking member of the Committee on the
Budget of the House of Representatives.
(C) The chair of the Committee on the Budget of the
Senate.
(D) The ranking member of the Committee on the
Budget of the Senate.
(E) The chair of the Committee on Appropriations of
the House of Representatives.
(F) The ranking member of the Committee on
Appropriations of the House of Representatives.
(G) The chair of the Committee on Appropriations of
the Senate.
(H) The ranking member of the Committee on
Appropriations of the Senate.
(I) The chair of the Committee on Ways and Means of
the House of Representatives.
(J) The ranking member of the Committee on Ways and
Means of the House of Representatives.
(K) The chair of the Committee on Finance of the
Senate.
(L) The ranking member of the Committee on Finance
of the Senate.
(M) The Director of the Office of Management and
Budget.
(N) The Secretary of the Treasury.
(O) The Comptroller General.
(P) Two Members of Congress nominated by the
Speaker of the House of Representatives.
(Q) Two Senators nominated by the Majority Leader.
(R) Two Members nominated by the Minority Leader of
the House of Representatives.
(S) Two Senators nominated by the Minority Leader
of the Senate.
(2) The nominees shall be appointed not later than 30 days
after the date of enactment of this Act.
(3) Each member shall be appointed for the duration of the
commission. A vacancy in the joint commission shall not affect
the power of the remaining members to execute the functions of
the joint commission. A vacancy shall be filled in the manner
in which the original appointments were made.
(e) Chair.--The joint commission at its first meeting shall elect a
member of the commission who is a legislator to serve as chair of the
joint commission.
(f) Director of Staff.--The chair of the Joint Commission on Budget
Process Reform shall appoint a Director, who shall be paid at the rate
of basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(g) Staff.--(1) The Staff Director, with the approval of the
commission, the Director may appoint and fix the pay of additional
personnel.
(2) Upon the request of the Director of Staff, the head of any
Federal department or agency may detail any of the personnel of that
department or agency to the Commission to assist the commission in
carrying out its duties under this Act.
(3) The following restrictions relating to the personnel of the
Commission shall apply to the staff of the commission:
(A) There may not be more than 15 persons on the staff at
one time.
(B) The Director may employ and fix the compensation of
such staff as the chair considers necessary.
(h) Experts and Consultants.--The joint commission may procure
temporary and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay for a comparable
position paid under the General Schedule.
(i) Timeline.--(1) The Commission shall hold its first meeting
within 30 days after the date of enactment of this Act.
(2) The Commission shall hold meetings at the call of the chair of
the joint commission.
(j) Funding.--There is authorized to be appropriated $800,000 to
the joint commission to carry out its duties.
(k) Travel.--The travel expenses of members of the joint commission
and staff shall be paid for from appropriated funds. Staff and members
of the joint commission shall abide by the Government travel rules set
forth by the Committee on House Administration of the House of
Representatives.
SEC. 3. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.
(a) Introduction; Referral; and Report or Discharge.--
(1) Introduction.--On the first calendar day on which both
Houses are in session, on or immediately following the date on
which the report containing the bill it recommends is submitted
to Congress under section 2, a single bill shall be introduced
(by request)--
(A) in the Senate by the majority leader of the
Senate, for himself and the minority leader of the
Senate, or by Members of the Senate designated by the
majority leader and minority leader of the Senate; and
(B) in the House of Representatives by the Speaker
of the House of Representatives, for himself and the
minority leader of the House of Representatives, or by
Members of the House of Representatives designated by
the Speaker and minority leader of the House of
Representatives.
(2) Referral.--The implementation bills introduced under
paragraph (1) shall be referred to any appropriate committee of
jurisdiction in the Senate and any appropriate committee of
jurisdiction in the House of Representatives. A committee to
which an implementation bill is referred under this paragraph
may report such bill to the respective House without amendment.
(3) Report or discharge.--If a committee to which an
implementation bill is referred has not reported such bill by
the end of the 15th calendar day after the date of the
introduction of such bill, such committee shall be immediately
discharged from further consideration of such bill, and upon
being reported or discharged from the committee, such bill
shall be placed on the appropriate calendar.
(b) Floor Consideration.--
(1) In general.--When the committee to which an
implementation bill is referred has reported, or has been
discharged under subsection (a)(3), it is at any time
thereafter in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the respective
House to move to proceed to the consideration of the
implementation bill, and all points of order against the
implementation bill (and against consideration of the
implementation bill) are waived. The motion is highly
privileged in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the implementation bill is agreed to, the
implementation bill shall remain the unfinished business of the
respective House until disposed of.
(2) Amendments.--An implementation bill may not be amended
in the Senate or the House of Representatives.
(3) Debate.--Debate on the implementation bill, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the
resolution. A motion further to limit debate is in order and
not debatable. An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the implementation bill is not in order. A
motion to reconsider the vote by which the implementation bill
is agreed to or disagreed to is not in order.
(4) Vote on final passage.--Immediately following the
conclusion of the debate on an implementation bill, and a
single quorum call at the conclusion of the debate if requested
in accordance with the rules of the appropriate House, the vote
on final passage of the implementation bill shall occur.
(5) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to an implementation bill shall
be decided without debate.
(c) Coordination With Action by Other House.--If, before the
passage by one House of an implementation bill of that House, that
House receives from the other House an implementation bill, then the
following procedures shall apply:
(1) Nonreferral.--The implementation bill of the other
House shall not be referred to a committee.
(2) Vote on bill of other house.--With respect to an
implementation bill of the House receiving the implementation
bill--
(A) the procedure in that House shall be the same
as if no implementation bill had been received from the
other House; but
(B) the vote on final passage shall be on the
implementation bill of the other House.
(d) Rules of the Senate and the House of Representatives.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such it
is deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of an implementation bill described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 4. TERMINATION AND DISPOSITION OF RECORDS.
(a) Termination.--The joint commission shall terminate not later
than the earlier of--
(1) 2 years after the date of enactment of this Act; or
(2) the date upon which the bill referred to in section
2(b)(4) is signed into law by the President.
(b) Disposition of Records.--Upon termination of the joint
commission, its records shall become the records of the Committees on
the Budget of the House of Representatives and the Senate. | Joint Commission on Budget Process Reform Act of 2018 This bill establishes an independent commission known as the Joint Commission on Budget Process Reform to: study procedures on the budget and federal expenditures; conduct public hearings to examine potential budget process reforms; seek recommendations on ways to reform the congressional budget process; draft a bill that amends the Congressional Budget and Impoundment Control Act of 1974; and report to Congress regarding the proposed bill, findings regarding specified federal budget issues, and any other appropriate matters. Congress must consider the commission's bill using specified expedited legislative procedures. | {"src": "billsum_train", "title": "Joint Commission on Budget Process Reform Act of 2018"} | 2,654 | 119 | 0.634903 | 1.464221 | 0.655986 | 3.274336 | 22.415929 | 0.79646 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Date Certain Tax Code Replacement
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to set a date certain for replacing the
Internal Revenue Code of 1986 with a simple and fair alternative.
SEC. 3. TERMINATION OF INTERNAL REVENUE CODE OF 1986.
(a) In General.--No tax shall be imposed by the Internal Revenue
Code of 1986--
(1) for any taxable year beginning after December 31, 2008;
and
(2) in the case of any tax not imposed on the basis of a
taxable year, on any taxable event or for any period after
December 31, 2008.
(b) Exception.--Subsection (a) shall not apply to taxes imposed
by--
(1) chapter 2 of such Code (relating to tax on self-
employment income);
(2) chapter 21 of such Code (relating to Federal Insurance
Contributions Act); and
(3) chapter 22 of such Code (relating to Railroad
Retirement Tax Act).
SEC. 4. NATIONAL COMMISSION ON TAX REFORM AND SIMPLIFICATION.
(a) Findings.--The Congress finds the following:
(1) The Internal Revenue Code of 1986 is overly complex,
imposes significant burdens on individuals and businesses and
the economy, is extremely difficult for the Internal Revenue
Service to administer, and is in need of fundamental reform and
simplification.
(2) Many of the problems encountered by taxpayers in
dealing with the Internal Revenue Service could be eliminated
or alleviated by fundamental reform and simplification.
(3) Recent efforts to simplify or reform the tax laws have
not been successful due in part to the difficulty of developing
broad-based, nonpartisan support for proposals to make such
changes.
(4) Many of the problems with the Internal Revenue Service
stem from the overly complex tax code the agency is asked to
administer.
(b) Establishment.--
(1) In general.--To carry out the purposes of this section,
there is established within the legislative branch a National
Commission on Tax Reform and Simplification (in this section
referred to as the ``Commission'').
(2) Composition.--The Commission shall be composed of 15
members (of which not less than 2 members are from small
businesses with less than 50 employees), as follows:
(A) Three members appointed by the President, two
from the executive branch of the Government and one
from the private sector.
(B) Four members appointed by the majority leader
of the Senate, one from Members of the Senate and three
from the private sector.
(C) Two members appointed by the minority leader of
the Senate, one from Members of the Senate and one from
the private sector.
(D) Four members appointed by the Speaker of the
House of Representatives, one from Members of the House
and three from the private sector.
(E) Two members appointed by the minority leader of
the House of Representatives, one from Members of the
House and one from the private sector.
(3) Chair.--The Commission shall elect a Chair (or two Co-
Chairs) from among its members.
(4) Meetings, quorums, vacancies.--After its initial
meeting, the Commission shall meet upon the call of the Chair
(Co-Chairs, if elected) or a majority of its members. Nine
members of the Commission shall constitute a quorum. Any
vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner in which the original
appointment was made. Any meeting of the Commission or any
subcommittee thereof may be held in executive session to the
extent that the Chair (Co-Chairs, if elected) or a majority of
the members of the Commission or subcommittee determine
appropriate.
(5) Continuation of membership.--If--
(A) any individual who appointed a member to the
Commission by virtue of holding a position described in
paragraph (2) ceases to hold such position before the
report of the Commission is submitted under subsection
(g); or
(B) a member was appointed to the Commission as a
Member of Congress and the member ceases to be a Member
of Congress, or was appointed to the Commission because
the member was not an officer or employee of any
government and later becomes an officer or employee of
a government,
that member may continue as a member for not longer than the
30-day period beginning on the date that such individual ceases
to hold such position or such member ceases to be a Member of
Congress or becomes such an officer or employee, as the case
may be.
(6) Appointment; initial meeting.--
(A) Appointment.--It is the sense of the Congress
that members of the Commission should be appointed not
more than 60 days after the date of the enactment of
this Act.
(B) Initial meeting.--If, after 60 days from the
date of the enactment of this Act, eight or more
members of the Commission have been appointed, members
who have been appointed may meet and select the Chair
(or Co-Chairs) who thereafter shall have the authority
to begin the operations of the Commission, including
the hiring of staff.
(c) Functions of the Commission.--
(1) In general.--The functions of the Commission shall be--
(A) to conduct, for a period not to exceed 18
months from the date of its first meeting, the review
described in paragraph (2); and
(B) to submit to the Congress a report of the
results of such review, including recommendations for
fundamental reform and simplification of the Internal
Revenue Code of 1986, as described in subsection (g).
(2) Review.--The Commission shall review--
(A) the present structure and provisions of the
Internal Revenue Code of 1986, especially with respect
to--
(i) its impact on the economy (including
the impact on savings, capital formation and
capital investment);
(ii) its impact on families and the
workforce (including issues relating to
distribution of tax burden);
(iii) the compliance cost to taxpayers,
including small businesses and corporations;
and
(iv) the ability of the Internal Revenue
Service to administer such provisions;
(B) whether tax systems imposed under the laws of
other countries could provide more efficient and fair
methods of funding the revenue requirements of the
government;
(C) whether the present income tax system should be
replaced with a flat tax, a national sales tax, or any
other specified tax system;
(D) whether the Internal Revenue Code of 1986 can
be simplified, absent wholesale restructuring or
replacement thereof; and
(E) the transition costs (including the length of
time recommended for a smooth transition) associated
with any changes to the present Federal tax system
(both real and implied) which would be imposed on
citizens, businesses, and the Government.
(d) Powers of the Commission.--
(1) In general.--The Commission or, on the authorization of
the Commission, any subcommittee or member thereof, may, for
the purpose of carrying out the provisions of this section,
hold such hearings and sit and act at such times and places,
take such testimony, receive such evidence, and administer such
oaths, as the Commission or such designated subcommittee or
designated member may deem advisable.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(3) Assistance from federal agencies and offices.--
(A) Information.--The Commission is authorized to
secure directly from any executive department, bureau,
agency, board, commission, office, independent
establishment, or instrumentality of the Government, as
well as from any committee or other office of the
legislative branch, such information, suggestions,
estimates, and statistics as it requires for the
purposes of its review and report. Each such
department, bureau, agency, board, commission, office,
establishment, instrumentality, or committee shall, to
the extent not prohibited by law, furnish such
information, suggestions, estimates, and statistics
directly to the Commission, upon request made by the
Chair (Co-Chairs, if elected).
(B) Treasury department.--The Secretary of the
Treasury is authorized on a nonreimbursable basis to
provide the Commission with administrative services,
funds, facilities, staff, and other support services
for the performance of the Commission's functions.
(C) General services administration.--The
Administrator of General Services shall provide to the
Commission on a nonreimbursable basis such
administrative support services as the Commission may
request.
(D) Joint committee on taxation.--The staff of the
Joint Committee on Taxation is authorized on a
nonreimbursable basis to provide the Commission with
such legal, economic, or policy analysis, including
revenue estimates, as the Commission may request.
(E) Other assistance.--In addition to the
assistance set forth in subparagraphs (A), (B), (C),
and (D), departments and agencies of the United States
are authorized to provide to the Commission such
services, funds, facilities, staff, and other support
services as they may deem advisable and as may be
authorized by law.
(4) 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.
(5) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property in carrying out its
duties under this section.
(e) Staff of the Commission.--
(1) In general.--The Chair (Co-Chairs, if elected), in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III or chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code. Any Federal Government
employee may be detailed to the Commission without
reimbursement from the Commission, and such detailee shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(2) Consultant services.--The Commission is authorized to
procure the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but at rates
not to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(f) Compensation and Travel Expenses.--
(1) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual
rate of basic pay in effect for a position at level IV
of the Executive Schedule under section 5315 of title
5, United States Code, for each day during which that
member is engaged in the actual performance of the
duties of the Commission.
(B) Exception.--Members of the Commission who are
officers or employees of the United States or Members
of Congress shall receive no additional pay on account
of their service on the Commission.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(g) Report of the Commission; Termination.--
(1) Report.--Not later than 18 months after the date of the
first meeting of the Commission, the Commission shall submit a
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate. The
report of the Commission shall describe the results of its
review (as described in subsection (c)(2)), shall make such
recommendations for fundamental reform and simplification of
the Internal Revenue Code of 1986 as the Commission considers
appropriate, and shall describe the expected impact of such
recommendations on the economy. The measurement of such impact
shall be made using both static and dynamic scoring models.
(2) Termination.--
(A) In general.--The Commission, and all the
authorities of this section, shall terminate on the
date which is 90 days after the date on which the
report is required to be submitted under paragraph (1).
(B) Concluding activities.--The Commission may use
the 90-day period referred to in subparagraph (A) for
the purposes of concluding its activities, including
providing testimony to committees of Congress
concerning its report and disseminating that report.
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for the activities of the
Commission. Until such time as funds are specifically appropriated for
such activities, $2,000,000 shall be available from fiscal year 2006
funds appropriated to the Treasury Department, ``Departmental Offices''
account, for the activities of the Commission, to remain available
until expended.
SEC. 5. TIMING OF IMPLEMENTATION.
In order to ensure an easy transition and effective implementation,
the Congress hereby declares that any new Federal tax system shall be
approved by Congress in its final form no later than July 4, 2008. If a
new Federal tax system is not so approved by July 4, 2008, then
Congress shall be required to vote to reauthorize the Internal Revenue
Code of 1986. | Date Certain Tax Code Replacement Act - Terminates the Internal Revenue Code of 1986 for taxable years beginning after 2008, except provisions of such Code relating to social security taxation (i.e., taxes on wage, self-employment, and railroad retirement income).
Establishes within the legislative branch a National Commission on Tax Reform and Simplification. Directs the Commission to: (1) review the Internal Revenue Code of 1986 and its impact on the economy, families, and the workforce: (2) determine whether the current income tax system can be replaced by more a more efficient and fair system of taxation; and (3) submit a report to Congress on the results of its review with recommendations for fundamental reform and simplification of the Code.
Requires congressional approval of a new federal tax system no later than July 4, 2008, or a vote of Congress to reauthorize the Internal Revenue Code of 1986. | {"src": "billsum_train", "title": "A bill to terminate the Internal Revenue Code of 1986, and for other purposes."} | 2,964 | 189 | 0.628068 | 1.732522 | 0.83788 | 3.17341 | 16.606936 | 0.930636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ukrainian American Veterans Charter
Act''.
SEC. 2. CHARTER FOR UKRAINIAN AMERICAN VETERANS, INCORPORATED.
(a) In General.--Title 36, United States Code, is amended by
inserting after chapter 2103 the following new chapter:
``CHAPTER 2200--UKRAINIAN AMERICAN VETERANS, INCORPORATED
``Sec.
``220001. Definition.
``220002. Organization.
``220003. Purposes.
``220004. Powers.
``220005. Restrictions.
``220006. Duty to maintain corporate and tax-exempt status.
``220007. Records and inspection.
``220008. Liability for acts of officers and agents.
``220009. Annual report.
``Sec. 220001. Definition
``For purposes of this chapter, `State' includes the District of
Columbia and the territories and possessions of the United States.
``Sec. 220002. Organization
``(a) Federal Charter.--The Ukrainian American Veterans,
Incorporated (in this chapter, the `corporation'), incorporated in New
York, is a federally chartered corporation.
``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.
``Sec. 220003. Purposes
``(a) General.--The purposes of the corporation are as provided in
its articles of incorporation and include a commitment, on a national
basis, to--
``(1) preserve, protect, and defend the Constitution of the
United States;
``(2) commemorate the wars, campaigns, and military actions
of the United States in respect, honor, and tribute of the
veterans of the Armed Forces;
``(3) promote a greater understanding of, and appreciation
for, the sacrifices made by the veterans of the Armed Forces;
``(4) stimulate, to the highest degree possible, the
interest of the people of the United States in the problems
faced by the veterans of the Armed Forces, their widows, and
orphans;
``(5) collect, edit, publish, and preserve records and
artifacts of the patriotic service of veterans of the Armed
Forces; and
``(6) foster the association of individuals of Ukrainian
descent who have served in the Armed Forces.
``(b) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, and historical organization under the
laws of each State in which it is incorporated.
``Sec. 220004. 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. 220005. Restrictions
``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
``(b) Political Activities.--The corporation and any officer or
director of the corporation, acting as such officer or director, 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 member, officer, or director of the corporation
during the life of this charter. No provision 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 amounts approved by the board of directors
of the corporation.
``(d) Loans.--The corporation may not make any loan to any member,
officer, director, or employee of the corporation.
``(e) Claims of Governmental Approval or Authority.--The
corporation may not claim the approval of the Congress or the
authorization of the Federal Government for any of its activities.
``Sec. 220006. 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 New York.
``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``Sec. 220007. 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.
``Sec. 220008. Liability for acts of officers and agents
``The corporation is liable for the acts of its officers and agents
within the scope of their authority.
``Sec. 220009. Annual report
``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.''.
(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 2103 the following new item:
``2200. Ukrainian American Veterans, Incorporated........... 220001''. | Ukrainian American Veterans Charter Act - Grants a Federal charter to the Ukrainian American Veterans, Incorporated (a nonprofit corporation organized under the laws of the State of New York). | {"src": "billsum_train", "title": "To amend title 36, United States Code, to grant a Federal charter to the Ukrainian American Veterans, Incorporated."} | 1,277 | 38 | 0.546501 | 1.323369 | 0.531639 | 2.606061 | 34.757576 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Express Appeals Act of 2016''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON FULLY DEVELOPED
APPEALS.
(a) In General.--The Secretary of Veterans Affairs shall carry out
a pilot program to provide the option of an alternative appeals process
that shall more quickly determine such appeals in accordance with this
section.
(b) Election.--
(1) Filing.--In accordance with paragraph (2), a claimant
may elect to file a fully developed appeal under the pilot
program under subsection (a) by filing with the Secretary the
following:
(A) The notice of disagreement under chapter 71 of
title 38, United States Code, along with the written
election of the claimant to have the appeal determined
under the pilot program.
(B) All evidence that the claimant believes is
needed for the appeal as of the date of the filing.
(C) A statement of the argument in support of the
claim, if any.
(2) Timing.--A claimant shall make an election under
paragraph (1) as part of the notice of disagreement filed by
the claimant in accordance with paragraph (1)(A).
(3) Reversion.--
(A) Elected reversion.--At any time, a claimant who
makes an election under paragraph (1) may elect to
revert to the standard appeals process. Such a
reversion shall be final.
(B) Automatic reversion.--A claimant described in
subparagraph (A), or a claimant who makes an election
under paragraph (1) but is later determined to be
ineligible for the pilot program under subsection (a),
shall revert to the standard appeals process without
any penalty to the claimant other than the loss of the
docket number associated with the fully developed
appeal.
(4) Outreach.--In providing claimants with notices of the
determination of a claim during the period in which the pilot
program under subsection (a) is carried out, the Secretary
shall conduct outreach as follows:
(A) The Secretary shall provide to the claimant
(and to the representative of record of the claimant,
if any) information regarding--
(i) the pilot program, including the
advantages and disadvantages of the program;
(ii) how to make an election under
paragraph (1);
(iii) the limitation on the use of new
evidence described in paragraph (3) of
subsection (c) and the development of
information under paragraph (4) of such
subsection; and
(iv) the ability of the claimant to seek
advice and education regarding such process
from veterans service organizations, attorneys,
and claims agents recognized under chapter 59
of title 38, United States Code.
(B) The Secretary shall collaborate, partner with,
and give weight to the advice of the three veterans
service organizations with the most members to publish
on the Internet website of the Department of Veterans
Affairs an online tutorial explaining the advantages
and disadvantages of the pilot program.
(c) Treatment by Department and Board.--
(1) Process.--Upon the election of a claimant to file a
fully developed appeal pursuant to subsection (b)(1), the
Secretary shall--
(A) not provide the claimant with a statement of
the case nor require the claimant to file a substantive
appeal; and
(B) transfer jurisdiction over the fully developed
appeal directly to the Board of Veterans' Appeals.
(2) Docket.--
(A) In general.--The Board of Veterans' Appeals
shall--
(i) maintain fully developed appeals on a
separate docket than standard appeals;
(ii) decide fully developed appeals in the
order that the fully developed appeals are
received on the fully developed appeal docket;
(iii) except as provided by subparagraph
(B), decide not more than one fully developed
appeal for each four standard appeals decided;
and
(iv) to the extent practicable, decide each
fully developed appeal by the date that is one
year following the date on which the claimant
files the notice of disagreement.
(B) Adjustment.--Beginning one year after the date
on which the pilot program under subsection (a)
commences, the Board may adjust the number of standard
appeals decided for each fully developed appeal under
subparagraph (A)(iii) if the Board determines that such
adjustment is fair for both standard appeals and fully
developed appeals.
(3) Limitation on use of new evidence.--
(A) In general.--Except as provided by
subparagraphs (B) and (C)--
(i) a claimant may not submit or identify
to the Board of Veterans' Appeals any new
evidence relating to a fully developed appeal
after filing such appeal unless the claimant
reverts to the standard appeals process
pursuant to subsection (b)(3); and
(ii) if a claimant submits or identifies
any such new evidence, such submission or
identification shall be deemed to be an
election to make such a reversion pursuant to
subsection (b)(3).
(B) Evidence gathered by board.--Subparagraph (A)
shall not apply to evidence developed pursuant to
paragraphs (4) and (5). The Board shall consider such
evidence in the first instance without consideration by
the Veterans Benefits Administration.
(C) Representative of record.--The representative
of record of a claimant for appeals purposes, if any,
shall be provided an opportunity to review the fully
developed appeal of the claimant and submit any
additional arguments or evidence that the
representative determines necessary during a period
specified by the Board for purposes of this
subparagraph.
(4) Prohibition on remand for additional development.--If
the Board of Veterans' Appeals determines that a fully
developed appeal requires Federal records, independent medical
opinions, or new medical examinations, the Board shall--
(A) in accordance with paragraph (5), take such
actions as may be necessary to develop such records,
opinions, or examinations in accordance with section
5103A of title 38, United States Code;
(B) retain jurisdiction of the fully developed
appeal without requiring a determination by the
Veterans Benefits Administration based on such records,
opinions, or examinations;
(C) ensure the claimant, and the representative of
record of a claimant, if any, receives a copy of such
records, opinions, or examinations; and
(D) provide the claimant a period of 90 days after
the date of mailing such records, opinions, or
examinations during which the claimant may provide the
Board any additional evidence without requiring the
claimant to make a reversion pursuant to subsection
(b)(3).
(5) Development unit.--
(A) Establishment.--The Board of Veterans' Appeals
shall establish an office to develop Federal records,
independent medical opinions, and new medical
examinations pursuant to paragraph (4)(A) that the
Board determines necessary to decide a fully developed
appeal.
(B) Requirements.--The Secretary shall--
(i) ensure that the Veterans Benefits
Administration cooperates with the Board of
Veterans' Appeals in carrying out subparagraph
(A); and
(ii) transfer employees of the Veterans
Benefits Administration who, prior to the
enactment of this Act, were responsible for
processing claims remanded by the Board of
Veterans' Appeals to positions within the
office of the Board established under
subparagraph (A) in a number the Secretary
determines sufficient to carry out such
subparagraph.
(6) Hearings.--Notwithstanding section 7107 of title 38,
United States Code, the Secretary may not provide hearings with
respect to fully developed appeals. If a claimant requests to
hold a hearing pursuant to such section 7107, such request
shall be deemed to be an election to revert to the standard
appeals process pursuant to subsection (b)(3).
(d) Duration; Application.--The Secretary shall carry out the pilot
program under subsection (a) for a five-year period beginning one year
after the date of the enactment of this Act. This section shall apply
only to fully developed appeals that are filed during such period.
(e) Reports.--During each year in which the pilot program under
subsection (a) is carried out, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of Representatives and the
Senate a report on the pilot program. The first such report shall be
submitted by not later than 180 days after the date on which the pilot
program commences. Each report shall include the following:
(1) For the period covered by the report--
(A) the number of claimants who filed a fully
developed appeal under the pilot program;
(B) the average processing time for each such
appeal, measured by each phase of the appeal, and, if
the processing time for appeals exceed one year, the
reasons for such processing time;
(C) a summary of reasons for which the development
of evidence was required under subsection (c)(5);
(D) the number of issues decided, listed by the
disposition of the issue;
(E) of the number identified in subparagraph (D),
the number of issues for which evidence was not so
developed, listed by the disposition of the issue;
(F) of the number of fully developed appeals
decided by the Board of Veterans' Appeals, the number
of cases from each agency of original jurisdiction,
listed by the disposition of the issue;
(G) the number of fully developed appeals appealed
to the Court of Appeals for Veterans Claims, listed by
the disposition of the case;
(H) the number of reversions made under subsection
(b)(3); and
(I) any reasons for why a claimant was determined
to be ineligible to participate in the pilot program.
(2) A review, made in conjunction with veterans service
organizations, of the efforts of the Secretary to provide clear
rating decisions and improve disability rating notification
letters, including with respect to--
(A) the opinions of veterans service organizations
regarding such efforts; and
(B) how the pilot program improves such efforts.
(3) A recommendation for any changes to improve the pilot
program.
(4) An assessment of the feasibility and advisability of
expanding the pilot program.
(f) Regulations.--Not later than one day after the date of the
enactment of this Act, the Secretary shall publish interim guidance on
the pilot program under subsection (a). Not later than 90 days after
such date of enactment, the Secretary shall prescribe regulations to
carry out such pilot program.
(g) Definitions.--In this section:
(1) Claimant.--The term ``claimant'' has the meaning given
that term in section 5100 of title 38, United States Code.
(2) Compensation.--The term ``compensation'' has the
meaning given that term in section 101 of title 38, United
States Code.
(3) Fully developed appeal.--The term ``fully developed
appeal'' means an appeal of a claim for disability compensation
that is--
(A) filed by a claimant in accordance with
subsection (b)(1); and
(B) considered in accordance with this section.
(4) Standard appeal.--The term ``standard appeal'' means an
appeal of a claim for disability compensation that is not a
fully developed appeal. | Express Appeals Act of 2016 This bill directs the Department of Veterans Affairs (VA) to: (1) carry out a five-year pilot program to provide the option of an alternative appeals process to determine appeals of claims for disability compensation more quickly, and (2) inform claimants about such program. Appeals filed under the pilot program are described as "fully developed appeals." A claimant may elect to file a fully developed appeal by filing with the VA: (1) a notice of disagreement along with the claimant's written election to have the appeal determined under the pilot program, (2) all evidence that the claimant believes is needed for the appeal, and (3) a statement of the argument in support of the claim. A claimant who elects the pilot program may elect to revert to the standard appeals process at any time. Such reversion, however, shall be final. Such a claimant or an electing claimant who is later determined to be ineligible for the pilot program shall revert to the standard appeals process without any penalty other than the loss of docket number. The VA shall transfer jurisdiction over a fully developed appeal directly to the Board of Veterans' Appeals. The Board shall: maintain fully developed appeals on a separate docket; hear fully developed appeals in the order received; decide not more than one fully developed appeal for each four traditional appeals decided, though this ratio may be adjusted for fairness purposes beginning one year after the pilot program begins; and decide each fully developed appeal within one year of a claimant's filing the notice of disagreement. A claimant may not submit or identify to the Board any new evidence relating to a fully developed appeal after filing such appeal unless the claimant reverts to the standard appeals process. The Board shall establish an office to develop necessary federal records, independent medical opinions, and new medical exams. The Board may not provide hearings for fully developed appeals. | {"src": "billsum_train", "title": "Express Appeals Act of 2016"} | 2,475 | 420 | 0.744117 | 2.539913 | 0.875243 | 3.898936 | 6.111702 | 0.909574 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Defense
Alternative Use Committee Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Establishment of alternative use committees at defense
facilities.
Sec. 5. Functions of alternative use committees.
Sec. 6. Administrative provisions.
Sec. 7. Elements of conversion plans.
Sec. 8. Penalties.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) during the past three decades the United States has
made heavy economic, scientific, and technical commitments for
defense;
(2) these commitments led to the development of specialized
skills and business practices not directly applicable in the
civilian sector of the economy;
(3) as these commitments are modified to take account of
changing requirements for national security and domestic needs,
careful preparation is necessary if serious economic
dislocations are to be avoided; and
(4) the economic ability of the Nation and of management,
labor, and capital to adjust to changing national security
needs is consistent with the general welfare of the United
States.
(b) Purpose.--It is the purpose of this Act to provide the means
through which the United States can promote orderly economic adjustment
which will--
(1) minimize the dislocation of workers, communities, and
industries;
(2) assure that such dislocations do not compound
recessionary trends; and
(3) encourage conversion of technologies and managerial and
worker skills developed in defense production to projects which
serve the civilian sector.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``defense agency'' means the Department of
Defense, the Nuclear Weapons Division of the Department of
Energy, the National Aeronautics and Space Administration, the
Coast Guard, and any other agency of the Federal Government to
the extent it conducts defense-related activities.
(2) The term ``defense contract'' means--
(A) any contract entered into between a defense
contractor and a defense agency to furnish defense
material or services to that agency; and
(B) any contract entered into between a defense
contractor and any foreign country or person acting on
behalf of a foreign country to furnish defense material
or services to or for such country pursuant to the Arms
Export Control Act (22 U.S.C. 2751 et seq.) or similar
law.
(3) The term ``defense contractor'' means any person
engaged in the furnishing of defense material or services
pursuant to the terms of the defense contract, including
subcontractors, component manufacturers, suppliers, service
contractors and service suppliers.
(4) The term ``defense facility'' means--
(A) any private plant or other establishment (or
part thereof) used under a defense contract or engaged
in the production, repair, modification, storage, or
handling of defense material; or
(B) any Government-owned or Government-leased
facility, including military installations, bases,
forts, shipyards, and depots.
(5) The term ``defense materials or services'' means--
(A) any item of weaponry, munitions, equipment, or
specialized supplies or services intended for use by a
defense agency or for sale to or for the use of a
foreign country which has primarily military
applications; or
(B) the research, development, production, test,
inspection, or repair of any material described in
subparagraph (A) for use by a defense agency or
pursuant to a defense contract.
(6) The term ``displace'', with respect to any worker
(including a civilian employee of a defense agency and an
employee of a defense contractor engaged in the provision of
defense materials or services under a defense contract), means
the separation, on a permanent or temporary basis, of the
worker from employment with the facility or agency.
SEC. 4. ESTABLISHMENT OF ALTERNATIVE USE COMMITTEES AT DEFENSE
FACILITIES.
(a) Condition of Defense Contracts.--The head of each defense
agency shall require as a condition of each defense contract with a
private defense contractor for the provision of defense materials or
services to that agency that the defense contractor agree to establish
an alternative use committee pursuant to this section at each defense
facility that employs at least 100 employees and is used under the
contract. The President shall require as a condition on the eligibility
for export of defense materials or services under section 38 of the
Arms Export Control Act (22 U.S.C. 2778) or similar law that the
private defense contractor involved in such export agree to establish
an alternative use committee pursuant to this section at each defense
facility that employs at least 100 employees and is used under the
defense contract involved.
(b) Federal Facilities.--In the case of a Government defense
facility (as defined in section 3(4)(B)), the head of the facility
shall establish an alternative use committee pursuant to this section
composed of not less than eight members, with equal representation of
the facility management and the civilian employees of the installation
(including representatives of union bargaining units and democratically
elected representatives of unorganized civilians).
(c) Membership and Purposes.--An alternative use committee for a
defense facility shall be composed of not less than eight members, with
equal representation of the facility's management and labor (including
representatives of union bargaining units and democratically elected
representatives of unorganized workers). The committee shall undertake
economic conversion planning and preparation for the employment of the
employees at the defense facility and the utilization of the equipment
and facilities in the event of a reduction or closure of any defense
facility or the curtailment, conclusion, or disapproval of any defense
contract.
(d) Community Representatives.--The chief executive officer of any
unit of general local government within which a defense facility is
located may appoint nonvoting representatives of the alternative use
community for that facility to participate in activities of the
alternative use committee in an advisory capacity. The representatives
appointed under this subsection shall not include individuals employed
at the facility. The number of such representatives shall not exceed a
number equal to one-half the total number of voting representatives on
the committee.
(e) Prohibitions Against Discrimination Against Representatives of
Unorganized Labor.--The representatives of the unorganized civilian
workers on any alternative use committee shall not be discriminated
against in any manner for their participation in the committee.
(f) Funds.--Funds for performing the planning and reporting
requirements imposed by this Act, including market research,
independent studies, and the employment of specialized personnel, shall
be paid from funds derived from the defense contract or, in the case of
a Government defense facility, the operating account of the facility.
Office space shall be provided to the alternative use committee by the
management of the facility without charge.
(g) Application of Section.--This section shall apply with respect
to each defense contract referred to in subsection (a) that is entered
into by the agency after the date of the enactment of this Act
SEC. 5. FUNCTIONS OF ALTERNATIVE USE COMMITTEES.
(a) Evaluation of Defense Facility Assets.--The alternative use
committee established for a defense facility shall evaluate the assets
of the defense facility and the resources and requirements of the local
community in terms of physical property, manpower skills and expertise,
accessibility, environment, and economic needs.
(b) Development of Conversion Plans.--Consistent with section 7,
the alternative use committee established for a defense facility shall
develop and review at least biennially a plan for the conversion of the
facility to efficient, nondefense-related productive activity to be
carried out in the event the facility is closed or adversely affected
by the termination of a defense contract or the disapproval of a
license to sell or export defense materials or services.
(c) Retraining and Reemployment.--The alternative use committee
shall arrange for the provision of occupational retraining and
reemployment counseling services for all employees to be displaced by
the implementation of a conversion plan or the closing of the facility
as soon as the date of commencement of the implementation of that plan
or the permanent closing of that facility is known.
(d) Dissolution.--A alternative use committee shall dissolve itself
and return all assets to the control of the management of the defense
facility involved immediately upon final completion of the conversion.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Staff.--The alternative use committees may hire staff personnel
as well as any specialists it may determine necessary.
(b) Information.--The alternative use committees may obtain a
complete and detailed inventory of all land, building, capital
equipment, and other equipment, including its condition, and are
authorized to obtain information of a general nature regarding the
occupations and skills of civilian employees, and information
concerning existing collective-bargaining contracts. Any defense agency
or contractor and any department, agency, or other instrumentality of
the Government shall provide any such inventory or information upon
request from an alternative use committee.
SEC. 7. ELEMENTS OF CONVERSION PLANS.
(a) Elements of Plan.--Conversion plans developed by an alternative
use committee shall--
(1) be so designed as to maximize the extent to which the
personnel required for the efficient operation of the converted
facility can be drawn from personnel with the types and levels
of skill approximating skill levels and types possessed by
civilian personnel employed at the defense facility prior to
its conversion;
(2) specify the numbers of civilian personnel, by type and
level of skill, employed at the facility prior to conversion,
whose continued employment is not consistent with the efficient
operation of the non-defense-related converted facility;
(3) specify the numbers of positions, by level and type of
skill, if any, that will be needed at the converted facility
because personnel employed at the preconverted facility do not
possess the levels or types of skills required;
(4) indicate in detail what new plant and equipment and
modifications to existing plant and equipment are required for
the converted facility; and
(5) include an estimate of financing requirements and a
financial plan for the conversion; and
(6) provide for completion of the entire conversion process
within a period of not less than two years.
(b) Extension of Existing Agreements.--No plan shall be approved by
an alternative use committee unless the plan provides for extension of
wage, labor contract provisions, and other benefits to workers at a
defense facility until conversion to non-defense-related operations is
completed.
SEC. 8. PENALTIES.
If the head of a defense agency determines that a defense
contractor fails to establish an alternative use committee or refuses
or fails to carry out the provisions of a conversion plan prepared by
an alternative use committee of the defense contractor (as determined
by the head of the defense agency concerned), the defense contractor
shall lose eligibility for defense contracts for a period of three
years, for contract termination payments, and for tax credits. | Defense Alternative Use Committee Act - Directs the head of each defense agency to require each contractor, as a condition of each defense contract for the provision of defense materials or services, to agree to establish an alternative use committee (committee) at each defense facility used under the contract that employs at least 100 employees.
Requires the head of each Government defense facility to establish a committee of at least eight members, with equal representation between management and employees, to undertake economic conversion planning and preparation for the employment of its employees and utilization of its equipment and facilities in the event of a reduction or closure of such facility or the curtailment, conclusion, or disapproval of any defense contract. Provides for: (1) the appointment of community representatives to the committees; (2) prohibitions against discrimination against representatives of unorganized labor on such committees; and (3) funds for committee activities. Requires each committee to evaluate the assets of its facility and develop and review at least biennially a plan for the conversion of such facility to nondefense-related productive activity, to arrange for employee retraining and reemployment, and to dissolve itself after final defense facility conversion. | {"src": "billsum_train", "title": "Defense Alternative Use Committee Act"} | 2,379 | 248 | 0.521334 | 1.696661 | 0.805731 | 4.367713 | 10.206278 | 0.96861 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sandpoint Land and Facilities
Conveyance Act of 2003''.
SEC. 2. CONVEYANCE OF SANDPOINT FEDERAL BUILDING AND ADJACENT LAND,
SANDPOINT, IDAHO.
(a) Transfer of Administrative Jurisdiction.--Not later than 30
days after the date of the enactment of this Act, the Administrator of
General Services shall transfer to the Secretary of Agriculture,
without reimbursement, administrative jurisdiction over the Sandpoint
Federal Building and approximately 3.17 acres of land in Sandpoint,
Idaho, as depicted on the map entitled ``Sandpoint Federal Building,''
dated September 12, 2002.
(b) Assumption and Repayment of Debt.--As of the date on which
administrative jurisdiction of the property is transferred under
subsection (a), the Secretary shall assume the obligation of the
Administrator of General Services to repay to the Federal Finance Bank
the debt incurred with respect to the transferred property. The
Secretary may repay the debt using--
(1) the proceeds of the conveyance of the property under
this section;
(2) amounts appropriated to the Forest Service for the
rental, upkeep, and maintenance of facilities; and
(3) any other unobligated appropriated amounts available to
the Secretary.
(c) Conveyance of Property.--
(1) Conveyance authorized.--The Secretary may convey, by
quitclaim deed, all right, title, and interest of the United
States in and to the property transferred to the Secretary
under subsection (a). The conveyance shall be made by sale or
by exchange.
(2) Map.--Until the date on which the property is conveyed
under this section, the map referred to in subsection (a) shall
be on file and available for public inspection in the Office of
the Chief of the Forest Service and the Office of the
Supervisor, Idaho Panhandle National Forest, Coeur d'Alene,
Idaho.
(3) Solicitations of offers.--The Secretary may solicit
offers for the conveyance of the property under this section on
such terms and conditions as the Secretary may prescribe. The
Secretary may reject any offer made under this section if the
Secretary determines that the offer is not adequate or not in
the public interest.
(d) Consideration.--
(1) In general.--If the property is to be conveyed under
subsection (c) by sale, the recipient of the property shall pay
to the Secretary an amount equal to the fair market value of
the conveyed property, as determined under subsection (e). At
the election of the Secretary, the consideration may be in the
form of cash or other consideration, including the construction
of administrative facilities for the National Forest System in
Bonner County, Idaho.
(2) Conditions on exchange.--If the property is to be
conveyed under subsection (c) in exchange for the construction
of administrative facilities--
(A) the construction of the administrative
facilities shall be subject to any terms or conditions
that the Secretary may prescribe by contract, including
final building design and costs; and
(B) the conveyance of the property shall be subject
to--
(i) the completion of the administrative
facilities in a manner satisfactory to the
Secretary;
(ii) the condition that the exchange be an
equal value exchange, or if the value of the
property and the administrative facilities are
not equal, as determined under paragraph (3),
that the values be equalized in accordance with
paragraph (4); and
(iii) any requirements of the Secretary
that the entity acquiring the property assume
any outstanding indebtedness on the property to
the Federal Finance Bank.
(3) Valuation.--The value of the property to be conveyed
under subsection (c), and the value of any administrative
facilities in exchange for the property, shall be determined by
an appraisal that--
(A) is acceptable to the Secretary; and
(B) conforms with the Uniform Appraisal Standards
for Federal Land Acquisitions.
(4) Equalization of values.--Notwithstanding section 206(b)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)), the Secretary may accept a cash equalization
payment in excess of 25 percent of the value of the property
conveyed under subsection (c).
(e) Deposit and Use of Proceeds.--
(1) Deposit.--The Secretary shall deposit the proceeds
derived from the conveyence of the property under this section
in the fund established by Public Law 90-171 (commonly known as
the ``Sisk Act''; 16 U.S.C. 484a).
(2) Use.--Amounts deposited under this subsection shall be
available to the Secretary, without further appropriation and
until expended, for--
(A) the acquisition, construction, or improvement
of administrative facilities and associated land in the
Northern Region of the Forest Service in the State of
Idaho; and
(B) the acquisition of land and interests in land
for addition to the National Forest System in the
Northern Region of the Forest Service in the State of
Idaho.
(3) Limitations.--Funds deposited under this subsection
shall not--
(A) be paid or distributed to States or counties
under any provision of law; or
(B) be considered to be moneys received from units
of the National Forest System for purposes of--
(i) the sixth paragraph under the heading
``Forest Service'' in the Act of May 23, 1908
(16 U.S.C. 500);
(ii) section 13 of the Act of March 1, 1911
(commonly known as the ``Weeks Law''; 16 U.S.C.
500); or
(iii) the fourteenth paragraph under the
heading ``Forest Service'' in the Act of March
4, 1913 (16 U.S.C. 501).
(f) Management of Acquired Law.--Subject to valid existing rights,
the Secretary shall manage any land acquired under this section in
accordance with the Act of March 1, 1911 (commonly known as the ``Weeks
Act''; 16 U.S.C. 480 et seq.) and other laws relating to the National
Forest System.
(g) Applicable Law.--Except as otherwise provided in this section,
the conveyance of property under this section shall be subject to the
laws applicable to the conveyance of National Forest System land. Part
1955 of title 7, Code of Federal Regulations, shall not apply to any
action carried out under this section. | Sandpoint Land and Facilities Act of 2003 - Directs the Administrator of General Services to transfer to the Secretary of Agriculture jurisdiction over certain land in Sandpoint, Idaho (the property), with the Secretary assuming the obligation of the Administrator to repay to the Federal Finance Bank the debt incurred with respect to the property.Permits the Secretary to exchange all right, title, and interest of the United States in and to the property in an exchange of equal value, in which the recipient of the property may agree to construct administrative facilities for the National Forest System in Bonner County, Idaho. Requires a recipient to honor any outstanding indebtedness on the property to the Federal Finance Bank.Directs the Secretary to use proceeds from the sale of the property for: (1) the acquisition, construction, or improvement of administrative facilities and associated land in the Northern Region of the Forest Service in Idaho; and (2) the acquisition of land and interests in land for addition to National Forest System land in such region. Forbids any proceeds from being distributed to States or counties or from being considered moneys received from units of the National Forest System under specified laws.Requires the Secretary to manage any land acquired under this Act in accordance with the Weeks Act. | {"src": "billsum_train", "title": "To provide for the conveyance by the Secretary of Agriculture of the Sandpoint Federal Building and adjacent land in Sandpoint, Idaho, and for other purposes."} | 1,403 | 259 | 0.659221 | 2.08883 | 0.80122 | 4.227848 | 5.421941 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Safety Ex-Offender Self-
Sufficiency Act of 2003''.
SEC. 2. TEMPORARY EX-OFFENDER LOW-INCOME HOUSING CREDIT.
(a) In General.--Subpart D 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. 45G. EX-OFFENDER LOW-INCOME HOUSING CREDIT.
``(a) In General.--For purposes of section 38, the amount of the
ex-offender low-income housing credit determined under this section for
any taxable year in the credit period shall be an amount equal to--
``(1) the applicable percentage of
``(2) the qualified basis of each qualified ex-offender
residential building.
``(b) Applicable Percentage.--In the case of any qualified ex-
offender residential building, the term `applicable percentage' has the
meaning given such term in section 42(b)(2) with respect to qualified
low-income buildings, except that, for the purposes of this subsection,
the percentages prescribed by the Secretary under section 42(b)(2)(B)
shall yield amounts of credit which have a present value equal to 70
percent of the qualified basis of any qualified ex-offender residential
building.
``(c) Qualified Basis.--
``(1) In general.--For purposes of subsection (a) and
except as otherwise provided in this subsection, the term
`qualified basis' means the adjusted basis of a qualified ex-
offender residential building as of the close of the 1st
taxable year of the credit period.
``(2) Qualified basis to include portion of building used
to provide ex-offender support services.--The qualified basis
of any qualified ex-offender residential building for any
taxable year shall be increased by the lesser of--
``(A) so much of the qualified basis of such
building as is used throughout the year to provide ex-
offender support services, or
``(B) 20 percent of the qualified basis of such
building (determined without regard to this paragraph).
``(3) Special rules.--Rules similar to the rules of
paragraphs (4), (5) (other than subparagraph (A) thereof), and
(7) of section 42(d) shall apply in determining the adjusted
basis of any qualified ex-offender residential building.
``(d) Rehabilitation Expenditures.--Rules similar to the rules of
section 42(e) shall apply in determining the treatment of
rehabilitation expenditures paid or incurred by the taxpayer with
respect to a qualified ex-offender residential building.
``(e) Credit Period.--For purposes of this section, rules similar
to the rules of section 42(f) shall apply in determining the credit
period with respect to any qualified ex-offender residential building.
``(f) Qualified Ex-Offender Residential Building.--For purposes of
this section, the term `qualified ex-offender residential building'
means any building which, at all times during the compliance period,
meets the following requirements:
``(1) Ex-offender residential units.--
``(A) In general.--Each residential unit in such
building shall be made available for occupancy to not
more than 1 ex-offender.
``(B) Residency requirements.--Such ex-offender
must--
``(i) meet the residency requirements under
subsection (g);
``(ii) have failed to meet such
requirements for fewer than 14 days; or
``(iii) be in the process of being evicted
from such building for failing to meet such
requirements.
``(C) Flexibility.--A building shall not be
determined to fail to satisfy the requirements of this
paragraph solely because--
``(i) some or all of the residential units
in such building are single room occupancy (as
defined in section (8)(n) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(n))), or
``(ii) any unit made available to an ex-
offender is also made available to one or more
of the ex-offender's sons, daughters, step-
sons, or step-daughters.
``(2) Self-sufficiency centers for ex-offenders.--The
building shall include a self-sufficiency center for ex-
offenders that--
``(A) is specifically designed to accommodate, and
reserved for, the provision of ex-offender support
services to residents of the facility and other ex-
offenders;
``(B) is made available for rental by providers of
such services at a rate determined by the owner of the
facility; and
``(C) provides an array of such services sufficient
to meet a significant portion of the needs of ex-
offenders for ex-offender support services.
``(3) Rent limitations.--The portion of the monthly rent
payable by the occupant of each unit in the building may not
exceed 30 percent of the adjusted monthly income (as such term
is defined in section 3(b) of the United States Housing Act of
1937 (42 U.S.C. 1437a(b)) of the occupant.
``(g) Residency Requirements.--
``(1) In general.--An ex-offender meets the residency
requirements for a qualified ex-offender residential building
if such ex-offender--
``(A) has a low income;
``(B) is participating in an ex-offender support
services program as described in paragraph (3)(B);
``(C) has not been prohibited from residency under
paragraph (4); and
``(D) commences occupancy of a unit in a qualified
ex-offender residential building on a date that is not
later than--
``(i) in the case of an ex-offender who has
been discharged from prison, jail, a half-way
house, or any other correctional facility, 12
months after such discharge; or
``(ii) in the case of any ex-offender whose
sentence did not include confinement to a
correctional facility, 12 months after the date
of the ex-offender's conviction.
``(2) Low-income.--For purposes of this section, an ex-
offender is considered to have a low income if, at the
commencement of the ex-offender's occupancy of a residential
unit, the income (if any) of the ex-offender does not exceed 60
percent of area median gross income (as determined consistent
with section 8 of the United States Housing Act of 1937).
``(3) Participation in ex-offender support services
program.--
``(A) Program.--For purposes of this section, an
ex-offender support services program is a program for
the provision of specific ex-offender support services
for an ex-offender that--
``(i) is created and managed by a
coordinating individual or entity having
education, training, and experience with ex-
offenders and their support services needs;
``(ii) is specifically designed to meet the
needs of the particular ex-offender for ex-
offender support services;
``(iii) sets forth a specific duration over
which the ex-offender support services are to
be provided and goals by which to assess the
progress of the ex-offender; and
``(iv) provides for continual oversight to
monitor the progress and needs of the ex-
offender and to ensure that the ex-offender is
being provided the appropriate ex-offender
support services and is complying with the
requirements of the program.
``(B) Participation.--For purposes of this section,
an ex-offender is considered to be participating in an
ex-offender support services program if the ex-
offender--
``(i) has entered into a written agreement
with the coordinator for the program that--
``(I) sets forth the ex-offender
support services that are appropriate
for, and will be made available to, the
ex-offender and the duration of the
program for the ex-offender; and
``(II) provides that the ex-
offender's continued attendance at
scheduled program meetings and events
and obtaining of program services are a
condition of the ex-offender's
continued residency in the facility;
and
``(ii) is not in default with regard to the
ex-offender's obligations under such agreement.
``(C) Ex-offender support services.--For purposes
of this section, the term `ex-offender support
services' means services that assist ex-offenders to
develop skills necessary for life outside of the
environment of a correctional institution, and
includes--
``(i) job training;
``(ii) employment counseling and placement;
``(iii) entrepreneurial training;
``(iv) financial management training;
``(v) homeownership and rental counseling;
``(vi) drug and alcohol abuse counseling;
``(vii) self-esteem and peer development
assistance;
``(viii) anger management counseling;
``(ix) health care services, including
mental health services and behavioral
counseling;
``(x) probation services;
``(xi) family and crisis management
counseling; and
``(xii) general educational assistance and
counseling.
``(4) Limitation on term of residency.--An ex-offender may
not reside in an ex-offender residential facility at any time
after the expiration of the 2-year period beginning upon the
commencement of the ex-offender's occupancy in the ex-offender
residential facility.
``(h) Ex-Offender.--For purposes of this section, the term `ex-
offender' means any individual who has been convicted of a crime under
State or Federal law which is punishable by imprisonment for a maximum
term of 6 months or longer.
``(i) Allocation and Determination of Credit.--
``(1) In general.--Except as otherwise provided in this
subsection, rules similar to the rules of section 42(h) (other
than subparagraphs (E) and (F) of paragraph (1) thereof) shall
apply with respect to allocating and determining any credit
under this section.
``(2) State housing credit ceiling.--For purposes of this
section:
``(A) In general.--The State housing credit ceiling
shall be calculated by substituting the amount
determined under section 42(h)(3)(C)(ii) with the State
allocation.
``(B) State allocation.--
``(i) Competitive process.--The State
allocation for any State shall be determined by
the Secretary, utilizing a competitive
application process.
``(ii) Basis for competition.--In
determining the State allocation for any State,
the Secretary shall consider the following:
``(I) Need, as determined by the
ratio between the reported number of
sentenced prisoners released from State
or Federal jurisdiction in the
applicant State during the most recent
year for which information is
available, and the total population of
the applicant State.
``(II) The commitment of Federal
and other funds within the applicant
State for operating costs and ex-
offender support services in projects
that are to be funded by the State
temporary ex-offender low-income
housing credit.
``(III) The applicant's plan to
collect available information about the
success of the program with respect to
increased housing stability and lack of
additional incarceration of ex-offeder
participants.
``(IV) The applicant's
organizational capacity for the
successful development or operation of
qualified ex-offender residential
buildings.
``(V) The goal of making
allocations to the largest feasible
number of States.
``(iii) Aggregate amount.--The aggregate
amount of State allocations for any year shall
be $85,000,000.
``(C) Building allocations.--The Secretary may
allocate a housing credit dollar amount to any
building. In making such allocations, the Secretary
shall utilize a competitive application process and
shall consider the factors described in subparagraph
(B)(ii). Any allocation made under this subparagraph
shall be treated for purposes of this subsection as
part of the State allocation for the State in which
such building is located.
``(D) Unused housing credit carryovers.--
``(i) In general.--The State housing credit
ceiling shall be calculated by substituting the
amount determined under section 42(h)(3)(C)(iv)
with the State carryover allocation.
``(ii) State carryover allocation.--The
State carryover allocation for any State shall
be determined by the Secretary in a manner
similar to the manner in which the State
allocation is determined under subparagraph
(B). The aggregate amount of State carryover
allocations for any year shall be equal to the
aggregate unused housing credit carryovers
(within the meaning of section 42(h)(3)(D)) of
all States for the preceding calendar year.
``(4) Required involvement of qualified non-profit
organizations.--For purposes of this section, section
42(h)(5)(A) shall be applied by substituting `0' for `90'.
``(j) Recapture of Credit.--Rules similar to the rules of
subsections (i)(1) and (j) of section 42 shall apply for purposes of
this section.
``(k) Application of At-Risk Rules.--Rules similar to the rules of
section 42(k) shall apply for purposes of this section.
``(l) Certification and Other Reports to Secretary.--Subject to
such regulations as the Secretary may prescribe, rules similar to the
rules of section 42(l) shall apply for purposes of this section.
``(m) Responsibilities of the Secretary and Housing Credit
Agencies.--Rules similar to the rules of subsections (m) and (n) of
section 42 shall apply for purposes of this section.''.
(b) Inclusion as Current Year Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(13) the ex-offender low-income housing credit under
section 45G(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45G. Ex-offender low-income
housing credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service during taxable years beginning
after the date of the enactment of this Act. | Public Safety Ex-Offender Self-Sufficiency Act of 2003 - Amends the Internal Revenue Code to allow a business related tax credit for investment in residential housing units for certain low-income individuals who were convicted of a crime punishable under state or federal law by a prison term of six months or longer (ex-offenders) and who participate in a program of support services, including job and entrepreneurial training, designed to make such ex-offenders self sufficient. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a temporary ex-offender low-income housing credit to encourage the provision of housing, job training, and other essential services to ex-offenders through a structured living environment designed to assist the ex-offenders in becoming self-sufficient."} | 3,294 | 104 | 0.480586 | 1.205567 | 0.144258 | 2.125 | 34 | 0.875 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``National Museum of
the American Indian Act Amendments of 1996''.
(b) References.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to or repeal of a section or other
provision, the reference shall be considered to be made to a section or
other provision of the National Museum of the American Indian Act (20
U.S.C. 80q et seq.).
SEC. 2. BOARD OF TRUSTEES.
Section 5(f)(1)(B) (20 U.S.C. 80q-3(f)(1)(B)) is amended by
striking ``an Assistant Secretary'' and inserting ``a senior
official''.
SEC. 3. INVENTORY.
(a) In General.--Section 11(a) (20 U.S.C. 80q-9(a)) is amended--
(1) by striking ``(1)'' and inserting ``(A)'';
(2) by striking ``(2)'' and inserting ``(B)'';
(3) by inserting ``(1)'' before ``The Secretary''; and
(4) by adding at the end the following new paragraphs:
``(2) The inventory made by the Secretary of the Smithsonian
Institution under paragraph (1) shall be completed not later than June
1, 1998.
``(3) For purposes of this subsection, the term `inventory' means a
simple, itemized list that, to the extent practicable, identifies,
based upon available information held by the Smithsonian Institution,
the geographic and cultural affiliation of the remains and objects
referred to in paragraph (1).''.
(b) Authorization of Appropriations.--Section 11(f) (20 U.S.C. 80q-
9(f)) is amended by striking ``to carry out this section'' and
inserting ``to carry out this section and section 11A''.
SEC. 4. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY OBJECTS,
SACRED OBJECTS, AND CULTURAL PATRIMONY.
The National Museum of the American Indian Act (20 U.S.C. 80q et
seq.) is amended by inserting after section 11 the following new
section:
``SEC. 11A. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY OBJECTS,
SACRED OBJECTS, AND CULTURAL PATRIMONY.
``(a) Summary.--Not later than December 31, 1996, the Secretary of
the Smithsonian Institution shall provide a written summary that
contains a summary of unassociated funerary objects, sacred objects,
and objects of cultural patrimony (as those terms are defined in
subparagraphs (B), (C), and (D), respectively, of section 2(3) of the
Native American Graves Protection and Repatriation Act (25 U.S.C.
3001(3)), based upon available information held by the Smithsonian
Institution. The summary required under this section shall include, at
a minimum, the information required under section 6 of the Native
American Graves Protection and Repatriation Act (25 U.S.C. 3004).
``(b) Repatriation.--Where cultural affiliation of Native American
unassociated funerary objects, sacred objects, and objects of cultural
patrimony has been established in the summary prepared pursuant to
subsection (a), or where a requesting Indian tribe or Native Hawaiian
organization can show cultural affiliation by a preponderance of the
evidence based upon geographical, kinship, biological, archaeological,
anthropological, linguistic, folkloric, oral traditional, historical,
or other relevant information or expert opinion, then the Smithsonian
Institution shall expeditiously return such unassociated funerary
object, sacred object, or object of cultural patrimony where--
``(1) the requesting party is the direct lineal descendant of
an individual who owned the unassociated funerary object or sacred
object;
``(2) the requesting Indian tribe or Native Hawaiian
organization can show that the object was owned or controlled by
the Indian tribe or Native Hawaiian organization; or
``(3) the requesting Indian tribe or Native Hawaiian
organization can show that the unassociated funerary object or
sacred object was owned or controlled by a member thereof, provided
that in the case where an unassociated funerary object or sacred
object was owned by a member thereof, there are no identifiable
lineal descendants of said member or the lineal descendants, upon
notice, have failed to make a claim for the object.
``(c) Standard of Repatriation.--If a known lineal descendant or an
Indian tribe or Native Hawaiian organization requests the return of
Native American unassociated funerary objects, sacred objects, or
objects of cultural patrimony pursuant to this Act and presents
evidence which, if standing alone before the introduction of evidence
to the contrary, would support a finding that the Smithsonian
Institution did not have the right of possession, then the Smithsonian
Institution shall return such objects unless it can overcome such
inference and prove that it has a right of possession to the objects.
``(d) Museum Obligation.--Any museum of the Smithsonian Institution
which repatriates any item in good faith pursuant to this Act shall not
be liable for claims by an aggrieved party or for claims of fiduciary
duty, public trust, or violations of applicable law that are
inconsistent with the provisions of this Act.
``(e) Statutory Construction.--Nothing in this section may be
construed to prevent the Secretary of the Smithsonian Institution, with
respect to any museum of the Smithsonian Institution, from making an
inventory or preparing a written summary or carrying out the
repatriation of unassociated funerary objects, sacred objects, or
objects of cultural patrimony in a manner that exceeds the requirements
of this Act.
``(f) Native Hawaiian Organization Defined.--For purposes of this
section, the term `Native Hawaiian organization' has the meaning
provided that term in section 2(11) of the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001(11)).''.
SEC. 5. SPECIAL COMMITTEE.
Section 12 (20 U.S.C. 80q-10) is amended--
(1) in the first sentence of subsection (a), by inserting ``and
unassociated funerary objects, sacred objects, and objects of
cultural patrimony under section 11A'' before the period; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``five'' and inserting ``7'';
(B) in paragraph (1)--
(i) by striking ``three'' and inserting ``4''; and
(ii) by striking ``and'' at the end;
(C) by redesignating paragraph (2) as paragraph (3); and
(D) by inserting after paragraph (1) the following:
``(2) at least 2 members shall be traditional Indian religious
leaders; and''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Museum of the American Indian Act Amendments of 1996 - Amends the National Museum of the American Indian Act to require the Smithsonian Institution to: (1) complete the inventory of the Indian human remains and Indian funerary objects in the possession or control of the Smithsonian Institution by June 1998; (2) provide a written summary of unassociated funerary objects, sacred objects, and objects of cultural patrimony; and (3) expedite the repatriation of such objects where a requesting Indian tribe or Native Hawaiian organization can show cultural affiliation.
Modifies certain provisions respecting the special committee to review the inventory, identification, and return of Indian human remains and Indian funerary objects. | {"src": "billsum_train", "title": "National Museum of the American Indian Act Amendments of 1996"} | 1,645 | 148 | 0.614613 | 1.580522 | 0.662761 | 3.519685 | 10.826772 | 0.889764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Currency Enforcement Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The manufacturing sector is an important driver of the
United States economy, contributing almost 30 percent of our
economic growth during the 1990's, and twice the productivity
growth of the service sector during that period.
(2) The manufacturing sector contributes significantly to
our Nation's development of new products and technologies for
world markets, performing almost 60 percent of all research and
development in the United States over the past two decades.
(3) The manufacturing sector provides high quality jobs,
with average weekly wages in 2002 nearly 26 percent higher than
jobs in the service sector.
(4) The manufacturing growth creates a significant number
of jobs and investments in other sectors of the economy, and
this ``multiplier effect'' is reckoned by economists to be
larger (2.43 to 1) than for any other significant sector of the
economy.
(5) The ``jobless recovery'' from the recent recession has
witnessed the worst job slump since the Great Depression and
the weakest employment recovery on record.
(6) The manufacturing sector has been hit the hardest by
the jobless recovery, with more than 2,700,000 jobs lost since
July 2000, accounting for nearly 90 percent of the total United
States jobs lost.
(7) A significant factor in the loss of valuable United
States manufacturing jobs is the difficulty faced by United
States manufacturers in competing effectively against lower
priced foreign products.
(8) A significant obstacle to United States manufacturers
in competing against foreign manufacturers is the practice of
some governments of intervening aggressively in currency
markets to maintain their own currencies at artificially low
valuations, thus subsidizing their export sales and raising
price barriers to imports from the United States.
(9) Certain Asian countries exemplify this practice. China,
Japan, South Korea, and Taiwan together have accumulated
approximately $1,200,000,000,000 in foreign currency reserves,
about \1/2\ of the world's total reserves. The vast majority of
these reserves, perhaps as high as 90 percent, are in dollars.
These same 4 countries account for 60 percent of the United
States world trade deficit in manufactured goods. These
reserves are symptomatic of a strategy of intervention to
manipulate currency values.
(10) The People's Republic of China is particularly
aggressive in intervening to maintain the value of its
currency, the renminbi, at an artificially low rate. China
maintains this rate by mandating foreign exchange sales at its
central bank at a fixed exchange rate against the dollar, in
effect, pegging the renminbi at this rate. This low rate
represents a significant reason why China has contributed the
most to our trade deficit in manufactured goods. The United
States trade deficit with China increased from $57,000,000,000
in 1998 to $103,000,000,000 in 2002, while China accumulated
dollar reserves totaling over $345,000,000,000 as of June 2003,
keeping the value of the renminbi essentially flat since 1994.
(11) Economists estimate that as a result of this
manipulation of the Chinese currency, the renminbi is
undervalued by between 15 and 40 percent, effectively creating
a 15- to 40-percent subsidy for Chinese exports and giving
Chinese manufacturers a significant price advantage over United
States and other competitors.
(12) Japan held foreign currency reserves worth
$526,600,000,000 as of June 2003, and for the previous 6 months
increased its reserves by an average of $12,500,000,000 per
month. Experts estimate that the yen is undervalued by
approximately 20 percent or more, giving Japanese manufacturers
a significant price advantage over United States competitors.
(13) In addition to being placed at a competitive
disadvantage by foreign competitors' exports that are unfairly
subsidized by strategically undervalued currencies, United
States manufacturers also may face significant nontariff
barriers to their own exports to these same countries. For
example, in China a complex system involving that nation's
value added tax and special tax rebates ensures that
semiconductor devices imported into China are taxed at 17
percent while domestic devices are effectively taxed at 6
percent.
(14) The United States has the right and power to redress
unfair competitive practices in international trade involving
currency manipulation.
(15) Under section 3004 of the Omnibus Trade and
Competitiveness Act of 1988, the Secretary of the Treasury is
required to determine whether any country is manipulating the
rate of exchange between its currency and the dollar for the
purpose of preventing effective balance of payments adjustments
or gaining unfair advantage in international trade. If such
violations are found, the Secretary of the Treasury is required
to undertake negotiations with any country that has a
significant trade surplus.
(16) Article IV of the Articles of Agreement of the
International Monetary Fund prohibits currency manipulation by
a member for the purposes of gaining an unfair competitive
advantage over other members, and the related surveillance
provision defines ``manipulation'' to include ``protracted
large-scale intervention in one direction in the exchange
market''.
(17) Under Article XV of the Exchange Agreements of the
General Agreement on Tariffs and Trade, all contracting parties
``shall not, by exchange action, frustrate the intent of the
provisions of this Agreement, nor by trade action, the intent
of the Articles of Agreement of the International Monetary
Fund''. Such actions are actionable violations. The intent of
the General Agreement on Tariffs and Trade Exchange Agreement,
as stated in the preamble of that Agreement, includes the
objective of ``entering into reciprocal and mutually
advantageous arrangements directed to substantial reduction of
tariffs and other barriers to trade,'' and currency
manipulation may constitute a trade barrier disruptive to
reciprocal and mutually advantageous trade arrangements.
(18) Deliberate currency manipulation by nations to
significantly undervalue their currencies also may be
interpreted as a violation of the Agreement on Subsidies and
Countervailing Measures of the World Trade Organization (as
described in section 101(d)(12)) of the Uruguay Round
Agreements Act, which could lead to action and remedy under the
World Trade Organization dispute settlement procedures.
(19) Deliberate, large-scale intervention by governments in
currency markets to significantly undervalue their currencies
may be a nullification and impairment of trade benefits
precluded under Article XXIII of the General Agreement on
Tariffs and Trade, and subject to remedy.
(20) The United States Trade Representative also has
authority to pursue remedial actions under section 301 of the
Trade Act of 1974.
(21) The United States has special rights to take action to
redress market disruption under section 406 of the Trade Act of
1974 adopted pursuant to the provisions of the United States-
China Bilateral Agreement on World Trade Organization
Accession.
(22) While large-scale manipulation of currencies by
certain major trading partners to achieve an unfair competitive
advantage is one of the most pervasive barriers faces by the
manufacturing sector in the United States, other factors are
contributing to the decline of manufacturing and small and mid-
sized manufacturing firms in the United States, including but
not limited to non-tariff trade barriers, lax enforcement of
existing trade agreements, and weak or under utilized
government support for trade promotion.
SEC. 3. NEGOTIATION PERIOD REGARDING CURRENCY NEGOTIATIONS.
Beginning on the date of enactment of this Act, the President shall
begin bilateral and multilateral negotiations for a 90-day period with
those governments of nations determined to be engaged most egregiously
in currency manipulation, as defined in section 7, to seek a prompt and
orderly end to such currency manipulation and to ensure that the
currencies of these countries are freely traded on international
currency markets, or are established at a level that reflects a more
appropriate and accurate market value. The President shall seek support
in this process from international agencies and other nations and
regions adversely affected by these currency practices.
SEC. 4. FINDINGS OF FACT AND REPORT REGARDING CURRENCY MANIPULATION.
(a) In General.--During the 90-day negotiation period described in
section 3, the International Trade Commission shall--
(1) ascertain and develop the full facts and details
concerning how countries have acted to manipulate their
currencies to increase their exports to the United States and
limit their imports of United States products;
(2) quantify the extent of this currency manipulation;
(3) examine in detail how these currency practices have
affected and will continue to affect United States
manufacturers and United States trade levels, both for imports
and exports;
(4) review whether and to what extent reduction of currency
manipulation and the accumulation of dollar-denominated
currency reserves and public debt instruments might adversely
affect United States interest rates and public debt financing;
(5) make a determination of any and all available
mechanisms for redress under applicable international trade
treaties and agreements, including the Articles of Agreement of
the International Monetary Fund, the General Agreement on
Tariffs and Trade, the World Trade Organization Agreements, and
United States trade laws; and
(6) undertake other appropriate evaluations of the issues
described in paragraphs (1) through (5).
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the International Trade Commission shall provide a detailed
report to the President, the United States Trade Representative, the
Secretary of the Treasury, and the appropriate congressional committees
on the findings made as a result of the reviews undertaken under
paragraphs (1) through (6) of subsection (a).
SEC. 5. INSTITUTE PROCEEDINGS REGARDING CURRENCY MANIPULATION.
At the end of the 90-day negotiation period provided for in section
3, if agreements are not reached by the President to promptly end
currency manipulation, the President shall institute proceedings under
the relevant provisions of international law and United States trade
laws including sections 301 and 406 of the Trade Act of 1974 with
respect to those countries that, based on the findings of the
International Trade Commission under section 4, continue to engage in
the most egregious currency manipulation. In addition to seeking a
prompt end to currency manipulation, the President shall seek
appropriate damages and remedies for the Nation's manufacturers and
other affected parties. If the President does not institute action, the
President shall, not later than 120 days after the date of enactment of
this Act, provide to the appropriate congressional committees a
detailed explanation and accounting of precisely why the President has
determined not to institute action.
SEC. 6. ADDITIONAL REPORTS AND RECOMMENDATIONS.
(a) National Security.--Within 90 days of the date of enactment of
this Act, the Secretary of Defense shall provide a detailed report to
the appropriate congressional committees evaluating the effects on our
national security of countries engaging in significant currency
manipulations, and the effect of such manipulation on critical
manufacturing sectors such as semiconductors.
(b) Other Unfair Trade Practices.--Within 90 days of the date of
enactment of this Act, the United States Trade Representative and the
International Trade Commission shall evaluate and report in detail to
the appropriate congressional committees on other trade practices and
trade barriers by major East Asian trading nations potentially in
violation of international trade agreements, including the practice of
maintaining a value-added or other tax regime that effectively
discriminates against imports by underpricing domestically produced
goods.
(c) Trade Enforcement.--Within 90 days of the date of enactment of
this Act, the United States Trade Representative and the International
Trade Commission shall report in detail to the appropriate
congressional committees on steps that could be taken to significantly
improve trade enforcement efforts against unfair trade practices by
competitor trading nations, including making recommendations for
additional support for trade enforcement efforts.
(d) Trade Promotion.--Within 90 days of the date of enactment of
this Act, the Secretaries of State and Commerce, and the United States
Trade Representative, shall prepare a detailed report with
recommendations on steps that could be undertaken to significantly
improve trade promotion for United States goods and services, including
recommendations on additional support to improve trade promotion.
SEC. 7. CURRENCY MANIPULATION DEFINED.
In this Act, the term ``currency manipulation'' means--
(1) large-scale manipulation of exchange rates by a nation
in order to gain an unfair competitive advantage as stated in
Article IV of the Articles of Agreement of the International
Monetary Fund and related surveillance provisions;
(2) sustained, large-scale currency intervention in one
direction, through mandatory foreign exchange sales at a
nation's central bank at a fixed exchange rate; or
(3) other mechanisms, used to maintain a currency at a
fixed exchange rate relative to another currency. | Fair Currency Enforcement Act of 2003 - Directs the President to: (1) begin bilateral and multilateral negotiations for a 90-day period with those governments of nations determined to be engaged most egregiously in currency manipulation; (2) seek a prompt and orderly end to such currency manipulation; and (3) ensure that the currencies of these countries are freely traded on international currency markets, or are established at a level that reflects a more appropriate and accurate market value.
Requires the International Trade Commission (ITC), during the 90-day negotiation period, to study and report to the President, the U.S. Trade Representative (USTR), the Secretary of the Treasury, and the appropriate congressional committees on currency manipulation by trading countries to increase their exports to the United States and limit their imports of U.S. products.
Directs the President, at the end of the negotiation period, if agreements are not reached to end currency manipulation promptly, to: (1) institute proceedings under the relevant U.S. and international trade law with respect to those countries that, based on the ITC findings, continue to engage in the most egregious currency manipulation; and (2) seek appropriate damages and remedies for the Nation's manufacturers and other affected parties.
Requires reports to the appropriate congressional committees on: (1) the effects on U.S. national security of countries engaging in significant currency manipulations, as well as the effect of such manipulation on critical manufacturing sectors such as semiconductors; (2) other trade practices and trade barriers by major East Asian trading nations (China, Japan, South Korea, Taiwan, among others) potentially in violation of international trade agreements; and (3) steps that could be taken to significantly improve trade enforcement efforts against unfair trade practices by competitor trading nations, and trade promotion for U.S. goods and services. | {"src": "billsum_train", "title": "A bill to require negotiation and appropriate action with respect to certain countries that engage in currency manipulation."} | 2,697 | 380 | 0.509267 | 1.721585 | 0.783938 | 5.234286 | 7.337143 | 0.954286 |
SECTION 1. COMMISSION.
This Act may be cited as the ``Protect our Kids Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) deaths from child abuse and neglect are preventable;
(2) deaths from child abuse and neglect are significantly
underreported and there is no national standard for reporting
such deaths;
(3) according to the National Child Abuse and Neglect Data
System, in fiscal year 2009 approximately 1,770 children in the
United States are reported to have died from child abuse and
neglect, and many experts believe that the actual number may be
significantly more;
(4) nearly half of the number of children in the United
States who die from abuse are under the age of 1, and more than
80 percent are under the age of 4;
(5) in 2009, of deaths from child abuse and neglect--
(A) nearly 36 percent were caused by neglect;
(B) 23 percent were caused by physical abuse; and
(C) more than 36 percent were caused by multiple
forms of maltreatment;
(6) each year approximately 6,000,000 children in the
United States are referred to child protective services because
of allegations of child abuse and neglect; and
(7) increased understanding of deaths from child abuse and
neglect can lead to improvement in agency systems and practices
to protect children and prevent child abuse and neglect.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission to
Eliminate Child Abuse and Neglect Fatalities (in this Act referred to
as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) Number.--The Commission shall be composed of
not fewer than 12 and not more than 15 members, all of
whom shall be appointed by the President.
(B) Qualifications.--Each member appointed under
subparagraph (A) shall have experience in 1 or more
areas consisting of--
(i) State child welfare agency
administration;
(ii) child welfare advocacy;
(iii) child development;
(iv) trauma and crisis intervention;
(v) pediatrics;
(vi) child psychology and mental health;
(vii) emergency medicine;
(viii) forensic pathology or medical
investigation of injury and fatality;
(ix) social work with field experience;
(x) academia at an institution of higher
education, as that term is defined in section
101 of the Higher Education Act of 1965 (20
U.S.C. 1001), with a focus on 1 or more of the
other areas listed under this subparagraph;
(xi) law enforcement, with experience
handling child abuse and neglect matters;
(xii) civil law, with experience handling
child abuse and neglect matters;
(xiii) criminal law, with experience
handling child abuse and neglect matters;
(xiv) substance abuse treatment;
(xv) education at an elementary school or
secondary school, as those terms are defined in
section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801);
(xvi) epidemiology; and
(xvii) computer science or software
engineering with a background in
interoperability standards.
(C) Experience.--The Commission shall have 1 or
more members with experience in each of the areas
listed in subparagraph (B).
(2) Date.--The appointments of the members of the
Commission shall be made not later than 90 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson.--The President shall select a Chairperson for the
Commission from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study on reducing fatalities from child abuse and neglect.
(2) Matters studied.--The matters studied by the Commission
shall include--
(A) the incidence of fatalities from child abuse
and neglect in the United States and whether that
incidence has been increasing over time;
(B) the feasibility of establishing a system that
accurately records incidents of child abuse and
neglect;
(C) practices that can prevent fatalities from
child abuse and neglect;
(D) the role of parental substance abuse, parental
mental health issues, and domestic violence in
increasing the incidence of child abuse and neglect;
(E) the adequacy and effectiveness of programs,
including child health services, mental health
services, child protective services, child welfare
services, education, child care, juvenile justice
services, and law enforcement activities, designed to
identify and prevent child (includes youth) fatalities
that are intentionally caused or that occur due to
negligence, neglect, or a failure to exercise proper
care;
(F) the effectiveness of Federal, State, and local
policies and systems aimed at appropriately identifying
and collecting accurate, uniform data on child
fatalities in a coordinated fashion, including the
identification of the most and least effective policies
and systems in practice;
(G) the adequacy of Federal, State, and local
efforts to obtain an appropriate distribution of
properly trained child health services, mental health
services, child protective services, child welfare
services, education, child care, juvenile justice
services, and law enforcement personnel to identify and
prevent child fatalities;
(H) the current (as of the date of the study)
resource limitations and barriers to preventing
fatalities from child abuse and neglect, and how to
improve efficiency of use of those current resources to
improve child welfare outcomes;
(I) identification of best practices in evaluating
programs for effectiveness in preventing child abuse
and neglect and fatalities from child abuse and
neglect;
(J) methods of prioritizing child abuse and neglect
prevention services for families with the highest need,
including exploring prioritization based on risk
factors beyond poverty;
(K) the correlation between animal abuse and child
abuse, including whether additional research and policy
changes could better address that correlation and
whether there are warning signs that animal abuse may
escalate to child abuse;
(L) methods of improving data collection and
utilization, such as increasing interoperability among
State and local systems and using other effective and
financially feasible approaches;
(M) identification of best practices and models for
promoting child welfare, specifically addressing child
abuse and neglect;
(N) identification of requirements and national
standards for training and education for child welfare
workers;
(O) the potential impact of a Federal law mandating
the review of fatalities of children;
(P) the development of a model protocol for
assuring that civil and criminal legal proceedings are
closely coordinated between child protection and law
enforcement agencies, including coordination between
law enforcement personnel, child protection services
personnel, prosecutors, medical providers, victim
advocates, and mental health professionals;
(Q) the potential effectiveness of a targeted
public education campaign focused on community
involvement to reduce child abuse and neglect;
(R) possible modifications to confidentiality laws
that would increase access to information and better
protect child victims;
(S) examination of public and private models for
improving child welfare outcomes, including suggestions
for expanding the most effective approaches;
(T) examination of sources for available data
beyond fatalities, such as data on serious injuries and
``near misses'';
(U) development of guidelines for the type of
instances that should be tracked to improve child
welfare response and interventions to prevent
fatalities from child abuse and neglect; and
(V) consideration of past recommendations from the
Advisory Board on Child Abuse and Neglect, including
updates on those recommendations.
(3) Materials studied.--The Commission shall review all
current (as of the date of the study) research and
documentation, including the National Survey of Child and
Adolescent Well-Being and research and recommendations from the
Government Accountability Office, to identify lessons,
solutions, and needed improvements related to reducing
fatalities from child abuse and neglect.
(b) Coordination.--The Commission shall--
(1) provide opportunities for graduate and doctoral
students to coordinate research with the Commission; and
(2) coordinate with institutions of higher education, as
that term is defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001), interested in supporting the work of
the Commission.
(c) Recommendations.--The Commission shall develop recommendations
for Federal, State, and local agencies, and private sector and
nonprofit organizations to implement a comprehensive national strategy
that reduces fatalities from child abuse and neglect.
(d) Report.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Commission shall submit a report
to the President and Congress, which shall contain a detailed
statement of the findings and conclusions of the Commission,
together with its recommendations for such legislation and
administrative actions as it considers appropriate.
(2) Online access.--The Commission shall make the report
under paragraph (1) available on the publicly available
Internet Web site of the Department of Health and Human
Services.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this Act.
(2) Location.--The location of hearings under paragraph (1)
shall include--
(A) areas with high fatality rates from child abuse
and neglect; and
(B) areas that have shown a decrease in fatalities
from child abuse and neglect.
(3) Subject.--The Commission shall hold hearings under
paragraph (1)--
(A) to examine the Federal, State, and local
policies and available resources that affect fatalities
from child abuse and neglect; and
(B) to explore the matters studied under section
4(a)(2).
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals that do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. TERMINATION OF THE COMMISSION.
(a) In General.--The Commission shall terminate on the earlier of--
(1) the 90th day after the date on which the Commission
submits its report under section 4(d); or
(2) the day that is 3 years after the initial meeting under
section 3(d).
(b) Exception.--The President may extend the termination date under
subsection (a)(2) by an additional 1 year.
SEC. 8. FEDERAL AGENCY RESPONSE.
Not later than 6 months after the submission of the report required
under section 4(d), any Federal agency that is affected by a
recommendation described in the report shall submit to Congress a
report containing the response of the Federal agency to the
recommendation and the plans of the Federal agency to address the
recommendation.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $2,000,000
for each of fiscal years 2012, 2013, and 2014 to the Commission to
carry out this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | Protect our Kids Act of 2011 - Establishes the Commission to Eliminate Child Abuse and Neglect Fatalities to conduct a thorough study on reducing fatalities from child abuse and neglect. | {"src": "billsum_train", "title": "A bill to establish a commission to develop a national strategy and recommendations for reducing fatalities resulting from child abuse and neglect."} | 3,090 | 44 | 0.516889 | 1.256263 | 0.892717 | 6.193548 | 95.870968 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Urban Medicare-Dependent Hospitals
Preservation Act of 2011''.
SEC. 2. CRITERIA AND PAYMENT FOR CERTAIN URBAN MEDICARE-DEPENDENT
HOSPITALS.
(a) In General.--Section 1886(d)(5) of the Social Security Act (42
U.S.C. 1395ww(d)(5)) is amended by adding at the end the following new
subparagraph:
``(M)(i) For cost reporting periods beginning on or
after October 1, 2011, and before October 1, 2014, in
the case of a subsection (d) hospital which is an urban
Medicare-dependent hospital, payment under paragraph
(1)(A) shall be equal to the sum of the amount
determined under clause (ii) and the amount determined
under paragraph (1)(A)(iii).
``(ii) The amount determined under this clause is,
for discharges occurring during a cost reporting period
that begins on or after October 1, 2011, and before
October 1, 2014, 50 percent of the amount by which the
hospital's target amount for the cost reporting period
(as defined in subsection (b)(3)(L)) exceeds the amount
determined under paragraph (1)(A)(iii).
``(iii) For purposes of this subparagraph, the term
`urban Medicare-dependent hospital' means, with respect
to any cost reporting period to which clause (i)
applies, any hospital--
``(I) located in an urban area or
reclassified to an urban area for wage index
purposes;
``(II) that does not receive payment--
``(aa) under subparagraph (C) as a
rural referral center;
``(bb) under subparagraph (D) as a
sole community hospital;
``(cc) under subparagraph (B) or
under subsection (h); or
``(dd) under subparagraph (F);
``(III) that is not a physician-owned
hospital, as defined in section 489.3 of title
42, Code of Federal Regulations (as in effect
as of the date of the enactment of this
subparagraph); and
``(IV) for which not less than 60 percent
of its inpatient days or discharges during the
cost reporting period beginning in fiscal year
2006, or two of the three most recently audited
cost reporting periods for which the Secretary
has a settled cost report, were attributable to
inpatients entitled to benefits under part A
and not enrolled in a Medicare Advantage plan
under part C.''.
(b) Target Payment Amount.--Section 1886(b)(3) of the Social
Security Act (42 U.S.C. 1395ww(b)(3)) is amended--
(1) in subparagraph (B)(iv), by striking ``and (D)'' and
inserting ``, (D), and (M)''; and
(2) by adding at the end the following new subparagraph:
``(M) For cost reporting periods occurring on or
after October 1, 2011, and before October 1, 2014, in
the case of a hospital that is an urban Medicare-
dependent hospital (as defined in subsection
(d)(5)(M)), the term `target amount' means--
``(i) with respect to the first 12-month
cost reporting period in which this
subparagraph is applied to the hospital, the
allowable operating costs of inpatient hospital
services (as defined in subsection (a)(4))
recognized under this title for the hospital
for the 12-month cost reporting period
beginning during fiscal year 2002 or 2006
(whichever results in a higher target amount),
increased by the applicable percentage increase
under subparagraph (B)(iv) for each of fiscal
years 2003 through 2011 or 2007 through 2011,
respectively; and
``(ii) with respect to discharges occurring
after the first 12-month cost reporting period
in which this subparagraph is applied to the
hospital, the target amount for the preceding
year increased by the applicable percentage
increase under subparagraph (B)(iv).''. | Urban Medicare-Dependent Hospitals Preservation Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act, with respect to cost reporting periods beginning on or after October 1, 2011, and before October 1, 2014, to revise the criteria and payment formula for "subsection (d) hospitals" which are urban Medicare-dependent hospitals.
(Generally a subsection (d) hospital is an acute care hospital particularly one that receives payments under Medicare's inpatient prospective payment system when providing covered inpatient services to eligible beneficiaries.) | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to preserve access to urban Medicare-dependent hospitals."} | 920 | 119 | 0.623076 | 1.65859 | 0.625834 | 3.961165 | 7.980583 | 0.796117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Small Business Regulatory
Assistance Act of 2000''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a pilot program to--
(1) provide confidential assistance to small business
concerns;
(2) provide small business concerns with the information
necessary to improve their rate of compliance with Federal
regulations;
(3) create a partnership among Federal agencies to increase
outreach efforts to small business concerns with respect to
regulatory compliance;
(4) provide a mechanism for unbiased feedback to Federal
agencies on the regulatory environment for small business
concerns; and
(5) utilize the service delivery network of Small Business
Development Centers to improve access of small business
concerns to programs to assist them with regulatory compliance.
SEC. 3. DEFINITIONS.
In this Act, the definitions set forth in section 34(a) of the
Small Business Act (as added by section 4 of this Act) shall apply.
SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.
The Small Business Act (15 U.S.C. 637 et seq.) is amended--
(1) by redesignating section 34 as section 35; and
(2) by inserting after section 33 the following new
section:
``SEC. 34. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Small Business Administration.
``(2) Association.--The term `Association' means the
association, established pursuant to section 21(a)(3)(A),
representing a majority of Small Business Development Centers.
``(3) Participating small business development center.--The
term `participating Small Business Development Center' means a
Small Business Development Center participating in the pilot
program.
``(4) Pilot program.--The term `pilot program' means the
pilot program established under this section.
``(5) Regulatory compliance assistance.--The term
`regulatory compliance assistance' means assistance provided by
a Small Business Development Center to a small business concern
to enable the concern to comply with Federal regulatory
requirements.
``(6) Small business development center.--The term `Small
Business Development Center' means a Small Business Development
Center described in section 21.
``(7) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.
``(b) Authority.--In accordance with this section, the
Administrator shall establish a pilot program to provide regulatory
compliance assistance to small business concerns through participating
Small Business Development Centers, the Association, and Federal
compliance partnership programs.
``(c) Small Business Development Centers.--
``(1) In general.--In carrying out the pilot program, the
Administrator shall enter into arrangements with participating
Small Business Development Centers under which such centers
will provide--
``(A) access to information and resources,
including current Federal and State nonpunitive
compliance and technical assistance programs similar to
those established under section 507 of the Clean Air
Act Amendments of 1990;
``(B) training and educational activities;
``(C) confidential, free-of-charge, one-on-one, in-
depth counseling to the owners and operators of small
business concerns regarding compliance with Federal
regulations, provided that such counseling is not
considered to be the practice of law in a State in
which a Small Business Development Center is located or
in which such counseling is conducted;
``(D) technical assistance; and
``(E) referrals to experts and other providers of
compliance assistance.
``(2) Reports.--
``(A) In general.--Each participating Small
Business Development Center shall transmit to the
Administrator a quarterly report that includes--
``(i) a summary of the regulatory
compliance assistance provided by the center
under the pilot program; and
``(ii) any data and information obtained by
the center from a Federal agency regarding
regulatory compliance that the agency intends
to be disseminated to small business concerns.
``(B) Electronic form.--Each report referred to in
subparagraph (A) shall be transmitted in electronic
form.
``(C) Interim reports.--During any time period
falling between the transmittal of quarterly reports, a
participating Small Business Development Center may
transmit to the Administrator any interim report
containing data or information considered by the center
to be necessary or useful.
``(D) Limitation on disclosure requirements.--The
Administrator may not require a Small Business
Development Center to disclose the name or address of
any small business concern that received or is
receiving assistance under the pilot program, except
that the Administrator shall require such a disclosure
if ordered to do so by a court in any civil or criminal
enforcement action commenced by a Federal or State
agency.
``(d) Data repository and clearinghouse.--
``(1) In general.--In carrying out the pilot program, the
Administrator, acting through the office of the Associate
Administrator for Small Business Development Centers, shall--
``(A) act as the repository of and clearinghouse
for data and information submitted by Small Business
Development Centers; and
``(B) transmit to the President and to the
Committees on Small Business of the Senate and House of
Representatives an annual report that includes--
``(i) a description of the types of
assistance provided by participating Small
Business Development Centers under the pilot
program;
``(ii) data regarding the number of small
business concerns that contacted participating
Small Business Development Centers regarding
assistance under the pilot program;
``(iii) data regarding the number of small
business concerns assisted by participating
Small Business Development Centers under the
pilot program;
``(iv) data and information regarding
outreach activities conducted by participating
Small Business Development Centers under the
pilot program, including any activities
conducted in partnership with Federal agencies;
``(v) data and information regarding each
case known to the Administrator in which one or
more Small Business Development Centers offered
conflicting advice or information regarding
compliance with a Federal regulation to one or
more small business concerns; and
``(vi) any recommendations for improvements
in the regulation of small business concerns.
``(e) Eligibility.--
``(1) In general.--A Small Business Development Center
shall be eligible to receive assistance under the pilot program
only if the center is certified under section 21(k)(2).
``(2) Waiver.--With respect to a Small Business Development
Center seeking assistance under the pilot program, the
Administrator may waive the certification requirement set forth
in paragraph (1) if the Administrator determines that the
center is making a good faith effort to obtain such
certification.
``(3) Effective date.--This subsection shall take effect on
October 1, 2000.
``(f) Selection of Participating Centers.--
``(1) In general.--In consultation with the Association and
giving substantial weight to the Association's recommendations,
the Administrator shall select two Small Business Development
Centers from each of the following groups of States to
participate in the pilot program, except that the Administrator
may not select two Small Business Development Centers from the
same State:
``(A) Group 1: Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
``(B) Group 2: New York, New Jersey, Puerto Rico,
and the Virgin Islands.
``(C) Group 3: Pennsylvania, Maryland, West
Virginia, Virginia, the District of Columbia, and
Delaware.
``(D) Group 4: Georgia, Alabama, North Carolina,
South Carolina, Mississippi, Florida, Kentucky, and
Tennessee.
``(E) Group 5: Illinois, Ohio, Michigan, Indiana,
Wisconsin, and Minnesota.
``(F) Group 6: Texas, New Mexico, Arkansas,
Oklahoma, and Louisiana.
``(G) Group 7: Missouri, Iowa, Nebraska, and
Kansas.
``(H) Group 8: Colorado, Wyoming, North Dakota,
South Dakota, Montana, and Utah.
``(I) Group 9: California, Guam, Hawaii, Nevada,
and Arizona.
``(J) Group 10: Washington, Alaska, Idaho, and
Oregon.
``(2) Deadline for selection.--The Administrator shall make
selections under this subsection not later than 60 days after
promulgation of regulations under section 4.
``(g) Matching Not Required.--Subparagraphs (A) and (B) of section
21(a)(4) shall not apply to assistance made available under the pilot
program.
``(h) Evaluation and Report.--Not later than 3 years after the
establishment of the pilot program, the Comptroller General of the
United States shall conduct an evaluation of the pilot program and
shall transmit to the Administrator and to the Committees on Small
Business of the Senate and House of Representatives a report containing
the results of the evaluation along with any recommendations as to
whether the pilot program, without or without modification, should be
extended to include the participation of all Small Business Development
Centers.
``(i) Limitation on Use of Funds.--The Administrator may carry out
the pilot program only with amounts appropriated in advance
specifically to carry out this section.''.
SEC. 5. PROMULGATION OF REGULATIONS.
After providing notice and an opportunity for comment and after
consulting with the Association (but not later than 180 days after the
date of the enactment of this Act), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) priorities for the types of assistance to be provided
under the pilot program;
(2) standards relating to educational, technical, and
support services to be provided by participating Small Business
Development Centers;
(3) standards relating to any national service delivery and
support function to be provided by the Association under the
pilot program; and
(4) standards relating to any work plan that the
Administrator may require a participating Small Business
Development Center to develop.
Passed the House of Representatives September 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Directs the Administrator to contract with the Association to: (1) act as the repository of and clearinghouse for data and information submitted by Centers; and (2) transmit annual assistance reports to the President, the Small Business and Agriculture Regulatory Enforcement Ombudsman, and the congressional small business committees.
Requires the Administrator, giving substantial weight to the Association's recommendations, to select two Centers from each of ten groups of States for participation in the pilot program. | {"src": "billsum_train", "title": "National Small Business Regulatory Assistance Act of 2000"} | 2,200 | 98 | 0.596535 | 1.636493 | 0.510136 | 3.359551 | 23.94382 | 0.910112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Cardiovascular Diseases
Research and Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds as follows with respect to women in the United
States:
(1) Heart attack, stroke, and other cardiovascular diseases
are the leading causes of death in women.
(2) Heart attacks and strokes are leading causes of
disability in women.
(3) Cardiovascular diseases claim the lives of more women
each year than does cancer. Each year more than 500,000 females
die of cardiovascular diseases, while approximately 254,000
females die of cancer. Heart attack kills more than 5\1/2\
times as many females as breast cancer. Stroke kills twice as
many females as breast cancer.
(4) More than 1 in 5 females has some form of
cardiovascular disease. Of females under age 65, each year
approximately 20,000 die of heart attacks. In the case of
African-American women, from ages 35 to 74 the death rate from
heart attacks is 38 percent higher than that of white women.
(5) Each year since 1984, cardiovascular diseases have
claimed the lives of more females than males. In 1993, of the
number of individuals who died of such diseases, 52 percent
were females and 48 percent were males.
(6) The clinical course of cardiovascular diseases is
different in women than in men, and current diagnostic
capabilities are less accurate in women than in men. Once a
woman develops a cardiovascular disease, she is more likely
than a man to have continuing health problems, and she is more
likely to die.
(7) Of women who have had a heart attack, approximately 44
percent die within 1 year of the attack. Of men who have had
such an attack, 27 percent die within 1 year. At older ages,
women who have had a heart attack are twice as likely as men to
die from the attack within a few weeks. Women are more likely
than men to have a stroke during the first 6 years following a
heart attack. More than 60 percent of women who suffer a stroke
die within 12 years. Long-term survivorship of stroke is better
in women than in men. Of individuals who die from a stroke,
each year approximately 61 percent are females. In 1993, 91,060
females died from strokes. Women have unrecognized heart
attacks more frequently than men. Of women who died suddenly
from heart attack, 63 percent had no previous evidence of
disease.
(8) More than half of the annual health care costs that are
related to cardiovascular diseases are attributable to the
occurrence of the diseases in women, each year costing this
nation hundreds of billions of dollars in health care costs and
lost productivity.
(9) A number of recent studies have found that hormone
replacement therapy contributes to the reduction of risk
factors for cardiovascular disease in postmenopausal women and
may reduce the risk of cardiovascular mortality in such women
by as much as 50 percent.
SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING HEART
ATTACK, STROKE AND OTHER CARDIOVASCULAR DISEASES IN
WOMEN.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by inserting after section 424 the
following section:
``heart attack, stroke, and other cardiovascular diseases in women
``Sec. 424A. (a) In General.--The Director of the Institute shall
expand, intensify, and coordinate research and related activities of
the Institute with respect to heart attack, stroke, and other
cardiovascular diseases in women.
``(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate activities 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 heart
attack, stroke, and other cardiovascular diseases in women.
``(c) Certain Programs.--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 develop methods for
preventing, cardiovascular diseases in women. Activities under such
subsection shall include conducting and supporting the following:
``(1) Research to determine the reasons underlying the
prevalence of heart attack, stroke, and other cardiovascular
diseases in women, including African-American women and other
women who are members of racial or ethnic minority groups.
``(2) Basic research concerning the etiology and causes of
cardiovascular diseases in women.
``(3) Epidemiological studies to address the frequency and
natural history of such diseases and the differences among men
and women, and among racial and ethnic groups, with respect to
such diseases.
``(4) The development of safe, efficient, and cost-
effective diagnostic approaches to evaluating women with
suspected ischemic heart disease.
``(5) Clinical research for the development and evaluation
of new treatments for women, including rehabilitation.
``(6) Studies to gain a better understanding of methods of
preventing cardiovascular diseases in women, including
applications of effective methods for the control of blood
pressure, lipids, and obesity.
``(7) Information and education programs for patients and
health care providers on risk factors associated with heart
attack, stroke, and other cardiovascular diseases in women, and
on the importance of the prevention or control of such risk
factors and timely referral with appropriate diagnosis and
treatment. Such programs shall include information and
education on health-related behaviors that can improve such
important risk factors as smoking, obesity, high blood
cholesterol, and lack of exercise.
``(d) Activities Regarding Hormone Replacement Therapy.--Activities
carried out under subsection (c) shall include information and
education programs for patients and health care providers on the
benefits and risks of hormone replacement therapy and the role of such
therapy in reducing the risk of cardiovascular disease in women.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $140,000,000
for fiscal year 1998, and such sums as may be necessary for each of the
fiscal years 1999 and 2000. The authorization of appropriations
established in the preceding sentence is in addition to any other
authorization of appropriation that is available for such purpose.''. | Women's Cardiovascular Diseases Research and Prevention Act - Amends the Public Health Service Act to mandate expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute with regard to cardiovascular diseases in women. Authorizes appropriations. | {"src": "billsum_train", "title": "Women's Cardiovascular Diseases Research and Prevention Act"} | 1,368 | 62 | 0.444345 | 1.022969 | 0.130909 | 2.56 | 26.18 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ERISA Modernization Act of 2000''.
SEC. 2. PROHIBITED TRANSACTION EXEMPTION FOR ARM'S LENGTH TRANSACTIONS.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) In general.--Section 408(b) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1108(b)) is amended by
adding at the end the following new paragraph:
``(14) Any transaction of the type described in
subparagraph (A), (B), (C), or (D) of section 406(a)(1) or in
406(b) (other than a transaction described in paragraph (15))
which meets the arm's length transaction requirements of
subsection (g).
(2) Arm's length transaction requirements.--Section 408 of
such Act is amended further by adding at the end the following
new subsection:
``(g)(1) The arm's length transaction requirements of this
subsection are met by a transaction described in subparagraph (A), (B),
(C), or (D) of section 406(a)(1) if--
``(A) such transaction is entered into pursuant to a
written contract or arrangement which includes the material
terms and conditions of such transaction or transactions of the
type of such transaction,
``(B) such transaction is in the interest of the plan and
its participants and beneficiaries, and
``(C) the terms and conditions of such transaction,
including any direct or indirect compensation, are at least as
favorable to the plan as an arm's length transaction would be.
``(2) The arm's length transaction requirements of this subsection
are met by a transaction described in section 406(b) if--
``(A) such transaction meets the requirements of paragraph
(1), and
``(B) prior to the commencement of such transaction--
``(i) written disclosure of potential conflicts of
interest associated with the transaction (or
contemplated transactions of the type thereof),
including the receipt of direct or indirect
compensation, has been provided to a fiduciary of the
plan, and
``(ii) the transaction (or contemplated
transactions of the type thereof) have been provided
for in the terms of the plan or of a written contract
with a fiduciary described in clause (i) that is
independent of the person entering into the transaction
and any of its affiliates.
``(3) In any case in which a fiduciary causes a plan to
enter into a transaction with such fiduciary or an affiliate
thereof, the arm's length transaction requirements of this
subsection are met only if--
``(A) such transaction meets the requirements of
paragraphs (1) and (2),
``(B) such fiduciary or affiliate is engaged in the
business of entering into transactions of such type
with the general public, and
``(C) such transaction is entered into under
substantially the same terms and conditions as those
under which such transactions with the general public
are entered into.''.
(b) Amendments to the Internal Revenue Code of 1986.--
(1) In general.--Subsection (d) of section 4975 of the
Internal Revenue Code of 1986 (relating to exemptions from tax
on prohibited transactions) is amended--
(A) in paragraph (14), by striking ``or'' at the
end;
(B) in paragraph (15), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(16) Any transaction of the type described in subsection
(c)(1) (other than a transaction described in paragraph (17))
which meets the arm's length transaction requirements of
subsection (f)(7).''.
(2) Arm's length transaction requirements.--Subsection (f)
of such section 4975 (relating to other definitions and special
rules) is amended by adding at the end the following new
paragraph:
``(7) Arm's length transaction requirements.--
``(A) Transactions with disqualified persons.--The
arm's length transaction requirements of this
subsection are met by a transaction described in
subparagraph (A), (B), (C), or (D) of subsection (c)(1)
if--
``(i) such transaction is entered into
pursuant to a written contract or arrangement
which includes the material terms and
conditions of such transaction or transactions
of the type of such transaction,
``(ii) such transaction is in the interest
of the plan and its participants and
beneficiaries, and
``(iii) the terms and conditions of such
transaction, including any direct or indirect
compensation, are at least as favorable to the
plan as an arm's length transaction would be.
``(B) Transactions with a fiduciary or its
affiliate.--The arm's length transaction requirements
of this subsection are met by a transaction described
in subparagraph (E) or (F) of subsection (c)(1) if--
``(i) such transaction meets the
requirements of subparagraph (A), and
``(ii) prior to the commencement of such
transaction--
``(I) written disclosure of
potential conflicts of interest
associated with the transaction (or
contemplated transactions of the type
thereof), including the receipt of
direct or indirect compensation, has
been provided to a fiduciary of the
plan, and
``(II) the transaction (or
contemplated transactions of the type
thereof) have been provided for in the
terms of the plan or of a written
contract with a fiduciary described in
subclause (I) that is independent of
the person entering into the
transaction and any of its affiliates.
``(C) Transactions with the fiduciary causing the
transactions.--In any case in which a fiduciary causes
a plan to enter into a transaction with such fiduciary
or an affiliate thereof, the arm's length transaction
requirements of this subjection are met only if--
``(i) such transaction meets the
requirements of subparagraphs (A) and (B),
``(ii) such fiduciary or affiliate is
engaged in the business of entering into
transactions of such type with the general
public, and
``(iii) such transaction is entered into
under substantially the same terms and
conditions as those under which such
transactions with the general public are
entered into.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to transactions entered into on or after January 1,
2001.
SEC. 3. DEFINITION OF PARTY IN INTEREST.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--Section 3(14) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002(14)) is amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) a person who is an administrator, officer, counsel,
or employee of the plan;
``(B) in connection with a transaction described in section
406(a), a fiduciary not otherwise described in subparagraph (A)
who personally directed or actively participated in the plan's
entry into such transaction;'';
(2) in subparagraph (G), by adding ``or'' at the end;
(3) by striking subparagraphs (H) and (I) and inserting the
following:
``(H) an officer or director (or an individual having
powers or responsibilities similar to those of officers and
directors) of a person described in subparagraph (C), (D), (E),
or (G), or of the employee benefit plan.''; and
(4) in the matter following subparagraph (I) (as in effect
before the amendments made by this subsection), by striking
``and lower than 10 percent for subparagraph (H) or (I)''.
(b) Amendments to the Internal Revenue Code of 1986.--Paragraph (2)
of section 4975(e) of the Internal Revenue Code of 1986 (relating to
disqualified person) is amended--
(1) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) a person who is an administrator, officer,
counsel, or employee of the plan;
``(B) in connection with a transaction described in
subparagraph (A), (B), (C), or (D) of subsection
(c)(1), a fiduciary not otherwise described in
subparagraph (A) of this paragraph who personally
directed or actively participated in the plan's entry
into such transaction;'';
(2) in subparagraph (G), by adding ``or'' at the end;
(3) by striking subparagraphs (H) and (I) and inserting the
following:
``(H) an officer or director (or an individual
having powers or responsibilities similar to those of
officers and directors) of a person described in
subparagraph (C), (D), (E), or (G), or of the plan.'';
and
(4) in the matter following subparagraph (I) (as in effect
before the amendments made by this subsection), by striking
``and lower than 10 percent for subparagraph (H) or (I)''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to transactions, acts, or omissions occurring on or
after January 1, 2001.
SEC. 4. STANDARDS FOR ISSUING EXEMPTIVE RELIEF.
(a) In General.--Section 408(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1108(a)) is amended--
(1) by striking the third sentence;
(2) by adding ``and'' at the end of paragraph (1), by
striking paragraph (2), and by redesignating paragraph (3) as
paragraph (2); and
(3) in the matter following paragraph (3) (as in effect
before the amendments made by this subsection)--
(A) by striking ``Before granting'' and inserting
the following:
``The issuance of an exemption by the Secretary from any restriction
under section 406 or 407(a) does not exempt a fiduciary who enters into
a transaction subject to such exemption from the fiduciary duties of
section 404 with respect to the plan or any other provision of this Act
with respect to the plan. In any case in which the Secretary deems it
appropriate, before granting'';
(B) by striking ``shall'' each place it appears and
inserting ``may'';
(C) by inserting ``or provide such other notice as
the Secretary deems appropriate'' after ``pendency of
the exemption'';
(D) by striking ``paragraphs (1), (2), and (3)''
and inserting ``paragraphs (1) and (2)''; and
(E) by adding at the end the following new
sentence: ``The Secretary may not grant an exemption
under this section unless the Secretary finds that the
conditions or requirements set forth in the exemption
are necessary additions to the existing Federal and
State laws and regulations and the protections they
afford to address concerns unique to employee benefit
plans.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to transactions occurring on or after January 1,
2001.
SEC. 5. REGULATIONS RELATING TO DEFINITION OF PLAN ASSETS.
(a) In General.--Section 401 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1101) is amended by adding at the end
the following new subsection:
``(d)(1)(A) Not later than March 31, 2001, the Secretary shall
issue proposed regulations (including proposed amendments to existing
regulations) to provide additional guidance for the purpose of
determining when the assets of an entity in which an employee benefit
plan has invested will constitute assets of the plan for purposes of
this part.
``(B) The proposed regulations issued pursuant to subparagraph (A)
shall be subject to public notice and comment until June 30, 2001.
``(C) The Secretary shall issue final regulations providing the
guidance described in subparagraph (A) not later than September 30,
2001.
``(D) Except as otherwise determined by the Secretary, such
regulations shall apply only to investments in an entity made by an
employee benefit plan after September 30, 2001. No inference shall be
drawn from the preceding sentence with respect to the interpretation of
any existing regulations prior to such effective date.
``(2) The Secretary shall ensure that the regulations issued under
paragraph (1)--
``(A) are administratively feasible; and
``(B) protect the interests and rights of the plan and of
its participants and beneficiaries (including meeting the
requirements of paragraph (3)).
``(3) The regulations prescribed by the Secretary pursuant to
paragraph (1) shall provide--
``(A) that an entity in whose assets investment by an
employee benefit plan is not significant will not be treated as
holding the plan assets of such plan;
``(B) that participation by an employee benefit plan will
not be treated as significant unless such plan owns 25 percent
or more of any class of interests in the entity;
``(C) that, for purposes of determining whether investment
by an employee benefit plan in an entity is significant,
interests in the entity which are owned by other entities that
are deemed to hold assets of employee benefit plans shall be
treated as held by such plans only to the extent proportionate
to the interests in such entities that are owned by such plans;
``(D) that an entity that has made no investments, or that
has made only short-term investments pending long-term
commitment, shall be permitted to qualify for the exception (as
in effect under existing regulations) from plan asset status as
a `venture capital operating company' on a tentative basis for
purposes of accepting capital contributions of employee benefit
plans for a period not to exceed 30 days prior to the entity's
first investment that would permit it to qualify as a `venture
capital operating company' pursuant to such exception;
``(E) that a startup or other early stage company is
eligible to qualify as an `operating company' for purposes of
the definition of a `venture capital operating company' under
the exception described in subparagraph (D); and
``(F) that an entity which, for a prior period, has not
qualified or has failed to qualify for the exception described
in subparagraph (D) may nevertheless qualify for such exception
prospectively if it satisfies the requirements for the
exception on a prospective basis.
``(4) For purposes of this subsection--
``(A) The term `existing regulations' means the regulations
issued under this section which were in effect immediately
before the date of the enactment of this subsection.
``(B) Any reference to an employee benefit plan includes a
reference to any employee benefit plan to which the existing
regulations apply.''.
(b) Conforming Amendment.--Subsection (f) of section 4975 of the
Internal Revenue Code of 1986 (relating to other definitions and
special rules) (as amended by the preceding provisions of this Act) is
amended further by adding at the end the following new paragraph:
``(9) Regulations relating to definition of plan assets.--
Section 401(d) of the Employee Retirement Income Security Act
of 1974 shall apply with respect to regulations issued under
this section. For purposes of this paragraph, references in
such section 401(d) to employee benefit plans shall be deemed
to include references to plans referred to in this section.''. | Redefines party in interest under specified ERISA and related IRC provisions.
Sets forth standards for the Secretary of Labor's issuing certain exemptive relief under ERISA.
Directs the Secretary to issue regulations relating to definition of plan assets under specified ERISA and related IRC provisions. | {"src": "billsum_train", "title": "ERISA Modernization Act of 2000"} | 3,461 | 67 | 0.433019 | 1.157256 | 0.345364 | 1.9 | 66 | 0.78 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Fairness for
Seniors Act of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Manufacturers of prescription drugs engage in price
discrimination practices that compel many older Americans to
pay substantially more for prescription drugs than consumers in
foreign nations and the drug manufacturers' most favored U.S.
customers, such as health insurers, health maintenance
organizations, and the Federal Government.
(2) Older Americans who buy their own prescription drugs
often pay twice as much for prescription drugs as consumers in
foreign nations and the drug manufacturers' most favored U.S.
customers. In some cases, older Americans pay 10 times more for
prescription drugs than such customers.
(3) The discriminatory pricing by major drug manufacturers
sustains their high profits (for example, $27,300,000,000 in
1999), but causes financial hardship and impairs the health and
well-being of millions of older Americans. Many older Americans
are forced to choose between buying their food and buying their
medicines.
(4) Foreign nations and U.S. federally funded health care
programs use purchasing power to obtain prescription drugs at
low prices. Medicare beneficiaries are denied this benefit and
cannot obtain their prescription drugs at the lower prices
available to such nations and programs.
(5) Implementation of the policy set forth in this Act will
reduce prices for brand name prescription drugs for many
Medicare beneficiaries by an average of 40 percent.
(6) In addition to substantially lowering the costs of
prescription drugs for older Americans, implementation of the
policy set forth in this Act will significantly improve the
health and well-being of older Americans and lower the costs to
the Federal taxpayer of the Medicare program.
(7) Older Americans who are terminally ill and receiving
hospice care services represent some of the most vulnerable
individuals in our nation. Making prescription drugs available
to Medicare beneficiaries under the care of Medicare-certified
hospices will assist in extending the benefits of lower
prescription drug prices to those most vulnerable and in need.
(b) Purpose.--The purpose of this Act is to protect Medicare
beneficiaries from discriminatory pricing by drug manufacturers and to
make prescription drugs available to Medicare beneficiaries at
substantially reduced prices.
SEC. 3. PARTICIPATING MANUFACTURERS.
(a) In General.--Each participating manufacturer of a covered
outpatient drug shall make available for purchase by each pharmacy such
covered outpatient drug in the amount described in subsection (b) at
the price described in subsection (c).
(b) Description of Amount of Drugs.--The amount of a covered
outpatient drug that a participating manufacturer shall make available
for purchase by a pharmacy is an amount equal to the aggregate amount
of the covered outpatient drug sold or distributed by the pharmacy to
Medicare beneficiaries.
(c) Description of Price.--The price at which a participating
manufacturer shall make a covered outpatient drug available for
purchase by a pharmacy is a price no greater than the manufacturer's
average foreign price.
(d) Enforcement.--The United States shall debar a manufacturer of
drugs or biologicals that does not comply with the provisions of this
Act.
SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS.
For purposes of determining the amount of a covered outpatient drug
that a participating manufacturer shall make available for purchase by
a pharmacy under section 3, there shall be included in the calculation
of such amount the amount of the covered outpatient drug sold or
distributed by a pharmacy to a hospice program. In calculating such
amount, only amounts of the covered outpatient drug furnished to a
Medicare beneficiary enrolled in the hospice program shall be included.
SEC. 5. ADMINISTRATION.
The Secretary shall issue such regulations as may be necessary to
implement this Act.
SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
report to the Congress regarding the effectiveness of this Act in--
(1) protecting Medicare beneficiaries from discriminatory
pricing by drug manufacturers, and
(2) making prescription drugs available to Medicare
beneficiaries at substantially reduced prices.
(b) Consultation.--In preparing such reports, the Secretary shall
consult with public health experts, affected industries, organizations
representing consumers and older Americans, and other interested
persons.
(c) Recommendations.--The Secretary shall include in such reports
any recommendations the Secretary considers appropriate for changes in
this Act to further reduce the cost of covered outpatient drugs to
Medicare beneficiaries.
SEC. 7. DEFINITIONS.
In this Act:
(1) Average foreign price.--
(A) In general.--The term ``average foreign price''
means, with respect to a covered outpatient drug, the
average price that the manufacturer of the drug
realizes on the sale of drugs with the same active
ingredient or ingredients that are consumed in covered
foreign nations, taking into account--
(i) any rebate, contract term or condition,
or other arrangement (whether with the
purchaser or other persons) that has the effect
of reducing the amount realized by the
manufacturer on the sale of the drugs; and
(ii) adjustments for any differences in
dosage, formulation, or other relevant
characteristics of the drugs.
(B) Exempt transactions.--The Secretary may, by
regulation, exempt from the calculation of the average
foreign price of a drug those prices realized by a
manufacturer in transactions that are entered into for
charitable purposes, for research purposes, or under
other unusual circumstances, if the Secretary
determines that the exemption is in the public interest
and is consistent with the purposes of this Act.
(2) Covered foreign nation.--The term ``covered foreign
nation' means Canada, France, Germany, Italy, Japan, and the
United Kingdom.
(3) Covered outpatient drug.--The term ``covered outpatient
drug'' has the meaning given that term in section 1927(k)(2) of
the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
(4) Debar.--The term ``debar'' means to exclude, pursuant
to established administrative procedures, from Government
contracting and subcontracting for a specified period of time
commensurate with the seriousness of the failure or offense or
the inadequacy of performance.
(5) Hospice program.--The term ``hospice program'' has the
meaning given that term under section 1861(dd)(2) of the Social
Security Act (42 U.S.C. 1395x(dd)(2)).
(6) Medicare beneficiary.--The term ``Medicare
beneficiary'' means an individual entitled to benefits under
part A of title XVIII of the Social Security Act or enrolled
under part B of such title, or both.
(7) Participating manufacturer.--The term ``participating
manufacturer'' means any manufacturer of drugs or biologicals
that, on or after the date of the enactment of this Act, enters
into a contract or agreement with the United States for the
sale or distribution of covered outpatient drugs to the United
States.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 8. EFFECTIVE DATE.
The Secretary shall implement this Act as expeditiously as
practicable and in a manner consistent with the obligations of the
United States. | Prescription Drug Fairness for Seniors Act of 2001 - Requires each participating manufacturer of a covered outpatient drug to make it available for purchase by each pharmacy: (1) in an amount equal to the aggregate amount sold or distributed by the pharmacy to Medicare beneficiaries; and (2) at a price no greater than the manufacturer's average foreign price. Sets forth special provisions with respect to hospice programs. | {"src": "billsum_train", "title": "To provide for substantial reductions in the price of prescription drugs for Medicare beneficiaries."} | 1,620 | 85 | 0.580707 | 1.55462 | 0.987001 | 4.565789 | 19.434211 | 0.960526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stem Cell Therapeutic and Research
Reauthorization Act of 2010''.
SEC. 2. AMENDMENTS TO THE STEM CELL THERAPEUTIC AND RESEARCH ACT OF
2005.
(a) Cord Blood Inventory.--Section 2 of the Stem Cell Therapeutic
and Research Act of 2005 (42 U.S.C. 274k note) is amended--
(1) in subsection (a), by inserting ``at least'' before
``150,000'';
(2) in subsection (c)(3), by inserting ``at least'' before
``150,000'';
(3) in subsection (d)--
(A) in paragraph (2), by striking ``; and'' and
inserting ``;'';
(B) by redesignating paragraph (3) as paragraph
(5); and
(C) by inserting after paragraph (2) the following:
``(3) will provide a plan to increase cord blood unit
collections at collection sites that exist at the time of
application, assist with the establishment of new collection
sites, or contract with new collection sites;
``(4) will annually provide to the Secretary a plan for,
and demonstrate, ongoing measurable progress toward achieving
self-sufficiency of cord blood unit collection and banking
operations; and'';
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``10 years'' and inserting
``a period of at least 10 years beginning on
the last date on which the recipient of a
contract under this section receives Federal
funds under this section''; and
(ii) by striking the second sentence and
inserting ``The Secretary shall ensure that no
Federal funds shall be obligated under any such
contract after the date that is 5 years after
the date on which the contract is entered into,
except as provided in paragraphs (2) and
(3).'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``Subject to
paragraph (1)(B), the'' and inserting
``The''; and
(II) by striking ``3'' and
inserting ``5'';
(ii) in subparagraph (A)--
(I) by inserting ``at least''
before ``150,000''; and
(II) by striking ``; and'' and
inserting ``;'';
(iii) in subparagraph (B)--
(I) by inserting ``meeting the
requirements under subsection (d)''
after ``receive an application for a
contract under this section''; and
(II) by striking ``or the
Secretary'' and all that follows
through the period at the end and
inserting ``; or''; and
(iv) by adding at the end the following:
``(C) the Secretary determines that the outstanding
inventory need cannot be met by the qualified cord
blood banks under contract under this section.''; and
(C) by striking paragraph (3) and inserting the
following:
``(3) Extension eligibility.--A qualified cord blood bank
shall be eligible for a 5-year extension of a contract awarded
under this section, as described in paragraph (2), provided
that the qualified cord blood bank--
``(A) demonstrates a superior ability to satisfy
the requirements described in subsection (b) and
achieves the overall goals for which the contract was
awarded;
``(B) provides a plan for how the qualified cord
blood bank will increase cord blood unit collections at
collection sites that exist at the time of
consideration for such extension of a contract, assist
with the establishment of new collection sites, or
contract with new collection sites; and
``(C) annually provides to the Secretary a plan
for, and demonstrates, ongoing measurable progress
toward achieving self-sufficiency of cord blood unit
collection and banking operations.'';
(5) in subsection (g)(4), by striking ``or parent''; and
(6) in subsection (h)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out the
program under this section $23,000,000 for each of fiscal years
2011 through 2014 and $20,000,000 for fiscal year 2015. Such
funds so appropriated shall remain available until expended.'';
and
(B) in paragraph (3), by striking ``in each of
fiscal years 2007 through 2009'' and inserting ``for
fiscal years 2011 through 2015''.
(b) National Program.--Section 379 of the Public Health Service Act
(42 U.S.C. 274k) is amended--
(1) by striking subsection (a)(6) and inserting the
following:
``(6) The Secretary, acting through the Advisory Council,
shall submit to Congress an annual report on the activities
carried out under this section.'';
(2) by striking subsection (d)(2)(D) and inserting the
following:
``(D) support studies and demonstration and
outreach projects for the purpose of increasing cord
blood unit donation and collection from a genetically
diverse population, including exploring novel
approaches or incentives, such as remote or other
innovative technological advances that could be used to
collect cord blood units, to expand the number of cord
blood unit collection sites partnering with cord blood
banks that receive a contract under the National Cord
Blood Bank Inventory program under section 2 of the
Stem Cell Therapeutic and Research Act of 2005;''; and
(3) by striking subsection (f)(5)(A) and inserting the
following:
``(A) require the establishment of a system of
strict confidentiality to protect the identity and
privacy of patients and donors in accordance with
Federal and State law; and''.
(c) Authorization of Appropriations.--Section 379B of the Public
Health Service Act (42 U.S.C. 274m) is amended by striking
``$34,000,000'' and all that follows through the period at the end, and
inserting ``$30,000,000 for each of fiscal years 2011 through 2014 and
$33,000,000 for fiscal year 2015. Such funds so appropriated shall
remain available until expended.''.
(d) Report on Cord Blood Unit Donation and Collection.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Health, Education,
Labor, and Pensions and the Committee on Appropriations of the
Senate, the Committee on Energy and Commerce and the Committee
on Appropriations of the House of Representatives, and the
Secretary of Health and Human Services a report reviewing
studies, demonstration programs, and outreach efforts for the
purpose of increasing cord blood unit donation and collection
for the National Cord Blood Inventory to ensure a high-quality
and genetically diverse inventory of cord blood units.
(2) Contents.--The report described in paragraph (1) shall
include a review of such studies, demonstration programs, and
outreach efforts under section 2 of the Stem Cell Therapeutic
and Research Act of 2005 (42 U.S.C. 274k note) (as amended by
this Act) and section 379 of the Public Health Service Act (42
U.S.C. 274k) (as amended by this Act), including--
(A) a description of the challenges and barriers to
expanding the number of cord blood unit collection
sites, including cost, the impact of regulatory and
administrative requirements, and the capacity of cord
blood banks to maintain high-quality units;
(B) remote or other innovative technological
advances that could be used to collect cord blood
units;
(C) appropriate methods for improving provider
education about collecting cord blood units for the
national inventory and participation in such collection
activities;
(D) estimates of the number of cord blood unit
collection sites necessary to meet the outstanding
national inventory need and the characteristics of such
collection sites that would help increase the genetic
diversity and enhance the quality of cord blood units
collected;
(E) best practices for establishing and sustaining
partnerships for cord blood unit collection at medical
facilities with a high number of minority births;
(F) potential and proven incentives to encourage
hospitals to become cord blood unit collection sites
and partner with cord blood banks participating in the
National Cord Blood Inventory under section 2 of the
Stem Cell Therapeutic and Research Act of 2005 and to
assist cord blood banks in expanding the number of cord
blood unit collection sites with which such cord blood
banks partner; and
(G) recommendations about methods cord blood banks
and collection sites could use to lower costs and
improve efficiency of cord blood unit collection
without decreasing the quality of the cord blood units
collected. | Stem Cell Therapeutic and Research Reauthorization Act of 2010 - Amends the Stem Cell Therapeutic and Research Act of 2005 to revise the National Cord Blood Inventory Program, including to: (1) remove the cap of 150,000 new units of cord blood to be made available for transplantation under the Program; and (2) require an application under the Program to include a plan for, and demonstration of, ongoing measurable progress toward achieving self-sufficiency of cord blood unit collection and banking operations.
Extends financial support provided under the Program for an additional five years. (Current law allows financial support for a maximum of ten years.) Sets forth requirements for such an extension, including that a qualified cord blood bank demonstrate a superior ability to satisfy the requirements of such Program and achieve the overall goals for which the contract was awarded.
Redefines the term "first-degree relative" to exclude a parent.
Reauthorizes appropriations for FY2011-FY2015 for the collection or maintenance of cord blood.
Amends the Public Health Service Act to revise the requirements of the C.W. Bill Young Cell Transplantation Program to: (1) require studies and projects under such Program to include exploring novel approaches or incentives to expand the number of cord blood unit collection sites partnering with federally-supported cord blood banks; and (2) revise privacy provisions to protect the privacy of patients and donors in accordance with federal and state law. Reauthorizes appropriations for such Program for FY2011-FY2015.
Directs the Comptroller General to submit a report to the relevant congressional committees and the Secretary of Health and Human Services (HHS) that reviews studies, demonstration programs, and outreach efforts to increase cord blood unit donation and collection. | {"src": "billsum_train", "title": "To amend the Stem Cell Therapeutic and Research Act of 2005."} | 1,889 | 379 | 0.607929 | 1.890991 | 0.755387 | 3.015385 | 5.633846 | 0.843077 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``State National
Forest Management Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. State selection of eligible portions of the National Forest
System for acquisition and management.
Sec. 4. Transition provisions during the exchange-transition period.
Sec. 5. Transition provisions outside the transition period.
Sec. 6. Miscellaneous duties of the parties and other provisions
relating to the transfer.
Sec. 7. Conditions on changes to land management plans regarding
management of young-growth stands.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Commissioner'' means the head of the
Department of Natural Resources of a State or comparable State
agency.
(2) The term ``eligible portions of the National Forest
System'' means all right, title, and interest of the United
States in and to the surface and subsurface lands and real
property (including structures and facilities owned by the
Forest Service) included as part of the National Forest System
in a State. The term does not include Conservation System Units
(as that term is defined in the Alaska National Interest Lands
Conservation Act) and areas or national memorials protected by
an Act of Congress.
(3) The term ``Federal obligation''--
(A) means any obligation or duty of the Forest
Service arising out of any lease, permit, license,
contract, and other legal instruments issued by or with
the Forest Service relating to eligible portions of the
National Forest System; and
(B) does not include any obligation with respect to
a Federal law, regulation, or policy.
(4) The term ``forest operations'' means the development of
forest operating plans for eligible portions of the National
Forest System acquired by a State, including the conduct of
inventories of timber resources and the engineering of
necessary access needed necessary for timber management and
related management activities.
(5) The term ``patent date'' means the last day of the
selection-transition period.
(6) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(7) The term ``selection date'' means the date on which a
State elects to acquire eligible portions of the National
Forest System and notifies the Secretary of such election under
section 3(a).
(8) The term ``selection-transition period'' means the
period beginning on the selection date and ending no more than
one year thereafter, on the patent date.
(9) The term ``State'' means each of the several States and
the Commonwealth of Puerto Rico.
(10) The term ``State forest practices law'' means a forest
practices law applicable to State or privately owned forest
land in a State, including established silvicultural best
management practices or other regulations for forest management
practices related to clean water, soil quality, wildlife or
forest health.
(11) The term ``State obligation'' means any obligation or
duty of the State arising out of any lease, permit, license,
contract and other legal instruments issued by or with the
State relating to the selected lands under this Act.
SEC. 3. STATE SELECTION OF ELIGIBLE PORTIONS OF THE NATIONAL FOREST
SYSTEM FOR ACQUISITION AND MANAGEMENT.
(a) Selection Authorized; Conveyance Required.--During the 10-year
period beginning on the date of the enactment of this Act, if a State
elects pursuant to subsection (b) to select and acquire eligible
portions of the National Forest System in that State under the terms
and conditions of this Act and notifies the Secretary of such
selection, then the Secretary shall convey the eligible portions of the
National Forest System so selected to the State in accordance with
subsection (d). All conveyances shall be subject to valid existing
rights.
(b) Form of Election.--The election by a State to select and
acquire eligible portions of the National Forest System in that State
pursuant to subsection (a) shall be executed in the form of a bill
enacted into law by the legislature of that State. Such a law shall
provide, at a minimum, the following:
(1) That the State elects to acquire eligible portions of
the National Forest System in that State--
(A) pursuant to purchase for fair-market value;
(B) in exchange for State lands of equal value;
(C) in satisfaction of land selection rights
pursuant to the law by which the State was admitted to
the Union; or
(D) any combination of the preceding paragraphs.
(2) Identifies the eligible portions of the National Forest
System to be acquired and the method by which the State will
acquire the land.
(3) Acceptance by the State that acquisition of the
identified eligible portions of the National Forest System is
subject to valid existing rights.
(4) Acceptance by the State of the procedures specified in
this Act and the transition provisions of this Act.
(5) In the case of the State of Alaska, acceptance by the
State of the rights and obligations of the United States under
the Alaska Native Claims Settlement Act with respect to
acquired lands, rights in such lands, and use of lands acquired
by that State shall not be infringed by that State.
(6) Specification that up to 50 percent of the annual
harvest of timber from eligible portions of the National Forest
System to be acquired shall be offered in at least 10-year
contracts, and timber sales shall, to the maximum extent
practicable, provide sufficient volume to meet the needs of all
wood processing operations existing in that State as of the
date of the enactment of this Act, and forest operations shall
be performed in compliance with the State forest practices law.
(7) Acceptance by the State that eligible portions of the
National Forest System open to mineral entry under the general
mining laws of the United States shall remain open to mineral
entry under State law unless subsequently changed by a State
mineral closing order.
(c) Multiple State Laws; Acreage Limitation.--During the selection
period specified in subsection (a), a State may enact more than one law
to select and acquire eligible portions of the National Forest System
in that State, except that the total quantity of National Forest System
land acquired by the State under this Act may not exceed 2,000,000
acres.
(d) Procedure.--Beginning on the selection date for a State's
acquisition of eligible portions of the National Forest System in that
State, the Secretary shall prepare patents conveying the National
Forest System lands selected by the State and shall convey such patents
to the State on the patent date. The duty of the Secretary to prepare
and convey such patents under this Act shall be purely ministerial and
conveyance of the patent on the patent date shall not be withheld or
conditioned by any other provision of law except as provided herein.
The United States Supreme Court shall have exclusive jurisdiction to
issue such writs and compel such actions as may be necessary to
accomplish the conveyance made under this Act.
(e) Other Property.--Beginning on the selection date for a State's
acquisition of eligible portions of the National Forest System in that
State, in addition to other conveyances made under this Act, the
Secretary shall convey the right and title to and interest of the
United States in all other types of property (including real and
personal property) used for purposes of operating, administering, and
managing the acquired National Forest System land in that State. Such
property shall be transferred on the patent date and include only that
property which is owned by the United States and used by the Forest
Service primarily on the eligible portions of the National Forest
System selected by the State.
(f) Other Uses.--Beginning on the selection date and concurrent
with the selection and conveyance of the National Forest System lands
and property under this Act, the Secretary shall transfer all existing
special use permits related to the acquired National Forest System
lands and property to the State.
SEC. 4. TRANSITION PROVISIONS DURING THE EXCHANGE-TRANSITION PERIOD.
(a) Existing Obligations of the United States.--The United States
shall remain obligated for all Federal obligations incurred prior to
the patent date.
(b) Employees.--During the selection-transition period, to the
extent practicable, the State shall interview each person employed by
the Forest Service on the date of the enactment of this Act whose
employment is made redundant by this Act for purposes of reemployment
by the State in a comparable job within the new State administrative
system for the National Forest System lands acquired by the State under
this Act. Employees who do not secure employment with the State shall
have the option of placement in an equivalent position available within
the Federal Government.
(c) Management Pending Conveyance.--During the selection-transition
period and until the patent date, except as provided otherwise under
this Act, eligible portions of the National Forest System not yet
patented to the State under this Act shall be administered and managed
under applicable Federal law and land management plans.
(d) Transfer of Certain Receipts.--Receipts from all rentals or
sales occurring on eligible portions of the National Forest System
selected by a State during the selection-transition period shall be
kept in escrow and transferred to the State on the patent date.
SEC. 5. TRANSITION PROVISIONS OUTSIDE THE TRANSITION PERIOD.
(a) Management of Selected Lands.--Beginning on the patent date,
eligible portions of the National Forest System conveyed to a State
under this Act shall be administered and managed primarily for timber
production pursuant to the State forest practices law, except as
otherwise provided in this Act for the period provided by this Act.
(b) Land Designations.--Land use designations in effect on the date
of the enactment of this Act for eligible portions of the National
Forest System conveyed to a State under this Act under the applicable
land management plan shall continue in effect until the patent date.
(c) Subsistence Use After the Selection Date.--In the case of
eligible portions of the National Forest System in the State of Alaska,
the Secretary of the Interior shall retain continuing authority to
manage subsistence uses of fish and wildlife on National Forest System
lands conveyed under this Act until the patent date.
(d) Access.--
(1) Easements.--The Secretary, in accordance with the
applicable forest transportation plan for a unit of the
National Forest System and any transportation plan of the
State, shall provide access in the form of easements across
lands owned by the United States to and from eligible portions
of the National Forest System conveyed to the State. The duty
of the Secretary to deliver patents for such easements shall be
purely ministerial and shall not be withheld or conditioned by
any other provision of law. The Secretary shall enter into
agreements with the Commissioner for the purpose of sharing the
costs of common use roads.
(2) State duty.--Following the patent date, a State shall
issue easements to the United States for reasonable access
across acquired eligible portions of the National Forest System
in the manner provided in paragraph (1).
(e) Mining Claims.--
(1) In general.--Federal mining claims located pursuant to
the General Mining Law of 1872 (30 U.S.C. 22 et seq.) on
eligible portions of the National Forest System before the
selection date shall remain subject to the laws, rules,
regulations, and policies of the United States, but such laws,
rules, regulations, and policies shall be administered by the
State. The right and ability of a claimholder to patent such a
mining claim and enjoy reasonable access to the claim shall not
be infringed. An application to patent a Federal mining claim
located on eligible portions of the National Forest System may
be made by the claimholder with the State and shall constitute
an election by the claim holder to be subject to Federal mining
claim patent procedures administered by the State.
(2) Escrow and subsequent transfer.--During the selection-
transition period, the Federal Government shall escrow all fees
and revenues, if any, due on Federal mining claims on eligible
portions of the National Forest System and on the patent date
transfer those receipts to the State on the patent date to the
account established by the State for purposes of the law
specified in section 3(b)(7).
(3) State duty.--Any mining claims filed on eligible
portions of the National Forest System in a State after the
selection date shall be subject only to the laws of the State.
(f) Transfer of Other Receipts.--Beginning with the fiscal year of
a State after the patent date, escrowed fees and fees from all existing
and future issued special use permits and all other land management
receipts on eligible portions of the National Forest System conveyed to
the State under this Act, net of reasonable cost of administration,
shall be transferred to the State.
(g) Existing Obligations After Patent Date.--On the patent date, a
State shall assume all Federal obligations and duties and receive all
rights of the Forest Service, except that the State shall assume no
obligation for any claim for damages or specific performance relating
to a contract or permit, if such claim arose before the patent date,
unless the State receives the benefit from such an obligation.
SEC. 6. MISCELLANEOUS DUTIES OF THE PARTIES AND OTHER PROVISIONS
RELATING TO THE TRANSFER.
(a) Hazardous Materials.--As promptly as practicable after the date
of the enactment of this Act, the Secretary shall make available to a
State for review and inspection, all pertinent records relating to
hazardous materials, if any, on eligible portions of the National
Forest System available for selection under this Act. The
responsibility for costs of remedial action related to such materials
shall be borne by those entities responsible under existing law. If no
party responsible for the hazardous materials can be determined,
remediation responsibility and all costs shall remain with the
Secretary and remediation as agreed to by the Commissioner shall be
initiated as soon as practical after the patent date.
(b) Judicial Review.--Selection of land pursuant to this Act shall
not be subject to judicial review in any court of the United States,
except--
(1) to the extent a right of judicial review is conferred
specifically by the United States Constitution;
(2) otherwise conferred by this Act; or
(3) when sought by the State on matters pertaining to
rights conferred by this Act.
(c) Rulemaking.--No formal rules under section 553 of title 5,
United States Code, are required to implement this Act.
(d) Survey.--The patent for and use of eligible portions of the
National Forest System conveyed to a State pursuant to this Act shall
not be subject to completion of a field survey and may be issued based
on a protraction survey. However, the Secretary shall complete a field
survey following patent.
(e) Encumbrances.--For purposes of an orderly transfer of eligible
portions of the National Forest System to State ownership and
transition to State management, the Secretary shall provide a list of
encumbrances and uses of record and otherwise known on the selected
lands to the Commissioner during the selection-transition period. The
lands selected under this Act shall be subject to all existing
encumbrances.
SEC. 7. CONDITIONS ON CHANGES TO LAND MANAGEMENT PLANS REGARDING
MANAGEMENT OF YOUNG-GROWTH STANDS.
(a) Changes Conditioned on Comprehensive Inventory of the Young-
Growth Stands.--Before any change to an applicable land management plan
takes effect that will alter management of young-growth stands covered
by the land management plan, the Secretary shall--
(1) conduct a comprehensive inventory of the young-growth
stands;
(2) provide public notice of the availability of the
comprehensive inventory; and
(3) after such public notice, provide a period of not less
than 90 days for public comment on the comprehensive inventory.
(b) Inventory Requirements.--At a minimum, the comprehensive
inventory required by subsection (a) shall--
(1) include stand-level field work with respect to all
462,000 acres of young-growth timber located within the Tongass
National Forest; and
(2) assess all age classes of timber inventoried for the
purpose of refining inventory and growth data to properly
forecast yields from stands and future economic manufacturing
feasibility with respect to the timber inventoried. | State National Forest Management Act of 2017 This bill directs the Department of Agriculture, through the Forest Service, to convey to a state up to 2 million acres of eligible portions of the National Forest System (NFS) in it that it elects to acquire through enactment by the state legislature of a bill meeting certain criteria. Portions of the NFS conveyed to a state shall be administered and managed primarily for timber production. The bill sets forth conditions that must be met before a change may be made to a land management plan that will alter the management of young-growth stands covered by that plan. | {"src": "billsum_train", "title": "State National Forest Management Act of 2017"} | 3,610 | 131 | 0.518899 | 1.365215 | 0.5963 | 2.973913 | 29.208696 | 0.886957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``10 Million-Solar Roofs Act of
2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) there is huge potential for increasing the quantity
of electricity produced in the United States from distributed
solar photovoltaics; and
(B) the use of photovoltaics on the roofs of 10 percent of
existing buildings could meet 70 percent of peak electric
demand;
(2) investment in solar photovoltaics technology will
create economies of scale that will allow the technology to
deliver electricity at prices that are competitive with
electricity from fossil fuels;
(3) electricity produced from distributed solar
photovoltaics helps to reduce greenhouse gas emissions and does
not emit harmful air pollutants, such as mercury, sulfur
dioxide, and nitrogen oxides;
(4) electricity produced from distributed solar
photovoltaics enhances national energy security;
(5) investments in renewable energy stimulate the
development of green jobs that provide substantial economic
benefits;
(6)(A) rebate programs in several States have been
successful in increasing the quantity of solar energy from
distributed photovoltaics;
(B) the State of California has used rebate programs to
install nearly 300 megawatts of grid-connected photovoltaics
since 2000; and
(C) the State of New Jersey has installed nearly 50
megawatts of grid-connected photovoltaics since 2001, including
20 megawatts in 2007 alone; and
(7) Germany has installed nearly 4,000 megawatts of
distributed solar photovoltaics and sustained an annual growth
rate approaching 67 percent since enacting aggressive laws to
encourage photovoltaic installations
SEC. 3. REBATES FOR PURCHASE AND INSTALLATION OF PHOTOVOLTAIC SYSTEMS.
(a) In General.--The Secretary of Energy (referred to in this Act
as the ``Secretary'') shall establish a program under which the
Secretary shall provide rebates to eligible individuals or entities for
the purchase and installation of photovoltaic systems for residential
and commercial properties in order to install, over the 10-year period
beginning on the date of enactment of this Act, at least an additional
10,000,000 solar systems in the United States (as compared to the
number of solar systems installed in the United States as of the date
of enactment of this Act) with a cumulative capacity of at least 30,000
megawatts.
(b) Eligibility.--
(1) In general.--To be eligible for a rebate under this
section--
(A) the recipient of the rebate shall be a
homeowner, business, nonprofit entity, or State or
local government that purchased and installed a
photovoltaic system for a property located in the
United States;
(B) the total capacity of the photovoltaic system
for the property shall not exceed 4 megawatts;
(C) the buildings on the property for which the
photovoltaic system is installed shall--
(i) in the case of a new or renovated
building, achieve a rating of not less than 75
under the Energy Star program established by
section 324A of the Energy Policy and
Conservation Act (42 U.S.C. 6294a) (or an
equivalent rating under an established
benchmarking metric); and
(ii) in the case of any building not
described in clause (i), be retrofitted to
achieve a rating improvement of not less than
30 points under the Energy Star program (or an
equivalent improvement under an established
benchmarking metric); and
(D) the recipient of the rebate shall meet such
other eligibility criteria as are determined to be
appropriate by the Secretary.
(2) Other entities.--After public review and comment, the
Secretary may identify other individuals or entities located in
the United States that qualify for a rebate under this section.
(c) Amount.--
(1) In general.--Subject to paragraph (2), the amount of a
rebate provided to an eligible individual or entity for the
purchase and installation of a photovoltaic system for a
property under this section shall be at least $3 for each watt
of installed capacity.
(2) Maximum amount.--The total amount of a rebate provided
to an eligible individual or entity for the purchase and
installation of a photovoltaic system for a property under this
section shall not exceed 50 percent of the cost of the purchase
and installation of the system.
(d) Relationship to Other Law.--The authority provided under this
section shall be in addition to any other authority under which credits
or other types of financial assistance are provided for installation of
a photovoltaic system for a property.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | 10 Million-Solar Roofs Act of 2008 - Requires the Secretary of Energy to establish a program to provide rebates (for each watt of installed capacity) to eligible individuals or entities for the purchase and installation of photovoltaic systems, over a 10-year period, of at least an additional 10 million solar systems in the United States with a cumulative capacity of at least 30,000 megawatts.
Provides eligibility requirements for homeowners, businesses, nonprofit entities, and state and local governments. Sets minimum Energy Star or equivalent ratings that must be achieved by the buildings for which the photovoltaic system is installed.
Limits the total amount of a rebate to 50 percent of the purchase and installation cost of the system. | {"src": "billsum_train", "title": "A bill to increase the quantity of solar photovoltaic electricity by providing rebates for the purchase and installation of an additional 10,000,000 photovoltaic systems by 2018."} | 1,028 | 156 | 0.625451 | 1.704471 | 0.752303 | 3.283582 | 6.932836 | 0.910448 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Oversight of Surplus
Property Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) The provisions in Public Law 94-519 established a
system to ensure the fair and equitable allocation of Federal
surplus personal property to eligible recipients, including law
enforcement agencies, school systems, medical institutions,
libraries, homeless assistance providers, and units of local
government;
(2) the benefits of the Federal personal property
utilization and donation program are measured in terms of
United States dollars which are not spent by the donees on new
and expensive property;
(3) Members of Congress and State and local officials have
an obligation to oversee the fair and equitable distribution of
Government property, thereby ensuring accountability to the
taxpayers of the United States;
(4) the owners of surplus Federal property are the people
of the United States, and the Federal Government is merely its
public custodian;
(5) the efforts of the State agencies in distributing
surplus property have enabled thousands of United States
taxpayers to acquire items such as office equipment, clothing,
furniture, motor vehicles, forklifts, aircraft, boats, and
generators which have been declared surplus to the needs of the
Federal Government;
(6) the effectiveness of the current system for donation of
surplus Federal personal property has been undermined by
programs that mandate that property be made available on a
priority basis to foreign entities before the safety, health,
education, and training needs of taxpayers of the United States
are met; and
(7) new legislation is needed to move the priority of
property transfers through foreign assistance programs to a
level below that of domestic use transfers of excess personal
property to Federal agencies.
SEC. 3. PRIORITY TO STATE AND LOCAL GOVERNMENTS FOR THE TRANSFER OF
NONLETHAL EXCESS SUPPLIES OF THE DEPARTMENT OF DEFENSE.
Section 2547 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Defense'' and inserting in lieu thereof ``Subject to subsection
(d), the Secretary of Defense'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following:
``(d) Nonlethal excess supplies of the Department of Defense shall
be made available to a State, a local government of a State, a
territory, or a possession, upon the request of the State, local
government, territory, or possession pursuant to authority provided in
another provision of law before such supplies are made available for
humanitarian relief purposes under this section. The President may make
such supplies available for humanitarian purposes before such supplies
are made available to a State, local government, territory, or
possession under this subsection in order to respond to an emergency
precipitated by a natural disaster.''.
SEC. 4. TRANSFERS OF PROPERTY FOR ENVIRONMENTAL PROTECTION IN FOREIGN
COUNTRIES.
Section 607 of the Foreign Assistance Act of 1961 (22 U.S.C.
2357(d)) is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
((B) by striking ``(d) The'' and inserting ``(d)(1)
Except as provided in paragraph (3), the''; and
(C) by adding at the end the following:
``(2) No property may be transferred under paragraph (1) unless the
Administrator of General Services determines that there is no Federal
or State use requirement for the property under any other provision of
law.''; and
(2) by adding at the end the following:
``(e) Nothing in this section shall prohibit the transfer of
confiscated property to foreign countries.''.
SEC. 5. REPORT ON DISPOSAL AND DONATION OF SURPLUS PERSONAL PROPERTY.
Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services shall review all statutes
relating to the disposal and donation of surplus personal property and
submit to Congress a report on such statutes including--
(1) the effectiveness of programs administered under such
statutes (except for any program that grants access to personal
property by local communities impacted by the closure of a
military base), and the amount and type of property
administered under each such program during the 2 most recent
fiscal years; and
(2) legislative recommendations to integrate and
consolidate all such programs to be administered by a single
Federal authority working with State agencies while
accomplishing the purposes of such programs. | Amends the Foreign Assistance Act of 1961 to prohibit the transfer of property for environmental protection in foreign countries unless the Administrator of General Services (GSA Administrator) determines that there is no Federal or State use requirement for the property under any other provision of law.
Requires the GSA Administrator to report to the Congress on the effectiveness of surplus personal property donation and disposal programs (except for any program that grants access to personal property by local communities affected by the closure of a military base), along with recommendations for consolidating such programs under a single Federal authority. | {"src": "billsum_train", "title": "Taxpayer Oversight of Surplus Property Act"} | 1,002 | 118 | 0.423136 | 1.228526 | 0.529181 | 4.71028 | 9.11215 | 0.934579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Overdose Reduction Act of
2014''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Overdoses from opioids have increased dramatically in
the United States.
(2) Deaths from drug overdose, largely from prescription
pain relievers, have tripled among men and increased fivefold
among women over the past decade.
(3) Nationwide, drug overdoses now claim more lives than
car accidents.
(4) Death from heroin and other opioid overdoses can be
prevented if the person who overdosed is timely administered an
opioid overdose drug.
(5) Medical personnel as well as non-medical personnel can
be trained to administer opioid overdose drugs safely and
effectively.
(6) Several States, including Massachusetts, have
established programs allowing for the administration of opioid
overdose drugs by non-medical personnel, and those programs
have saved lives.
(7) The willingness of medical and non-medical personnel to
administer opioid overdose drugs may be deterred by potential
civil liability, and the willingness of physicians to prescribe
opioid overdose drugs to persons other than a patient may also
be deterred by potential civil liability.
(b) Purpose.--The purpose of this Act is to save the lives of
people who intentionally or inadvertently overdose on heroin or other
opioids by providing certain protections from civil liability with
respect to the emergency administration of opioid overdose drugs.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``health care professional'' means a person
licensed by a State to prescribe prescription drugs;
(2) the term ``opioid overdose drug'' means a drug that,
when administered, reverses in whole or part the
pharmacological effects of an opioid overdose in the human
body; and
(3) the term ``opioid overdose program'' means a Federal,
State, or local agency program or a program funded by a
Federal, State, or local government that works to prevent
opioid overdoses by, in part, providing opioid overdose drugs
and education to individuals at risk of experiencing an opioid
overdose or to a family member, friend, or other individual in
a position to assist an individual at risk of experiencing an
opioid overdose.
SEC. 4. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--Except as provided in subsection (b), this Act
preempts the law of a State to the extent that such law is inconsistent
with this Act, except that this Act shall not preempt any State law
that provides additional protection from liability relating to the
administration of opioid overdose drugs or that shields from liability
any person who provides or administers opioid overdose drugs.
(b) Election of State Regarding Nonapplicability.--Sections 5, 6,
and 7 shall not apply to any civil action in a State court against a
person who administers opioid overdose drugs if--
(1) all parties to the civil action are citizens of the
State in which such action is brought; and
(2) the State enacts legislation in accordance with State
requirements for enacting legislation--
(A) citing the authority of this subsection;
(B) declaring the election of the State that such
sections 5, 6, and 7 shall not apply, as of a date
certain, to any civil actions covered by this Act; and
(C) containing no other provisions.
SEC. 5. LIMITATION ON CIVIL LIABILITY FOR HEALTH CARE PROFESSIONALS WHO
PROVIDE OPIOID OVERDOSE DRUGS.
(a) In General.--Notwithstanding any other provision of law, a
health care professional who prescribes or provides an opioid overdose
drug to an individual at risk of experiencing an opioid overdose, or
who prescribed or provided an opioid overdose drug to a family member,
friend, or other individual in a position to assist an individual at
risk of experiencing an opioid overdose, shall not be liable for harm
caused by the use of the opioid overdose drug if the individual to whom
such drug is prescribed or provided has been educated about opioid
overdose prevention and treatment by the health care professional or as
part of an opioid overdose program.
(b) Exception.--Subsection (a) shall not apply to a health care
professional if the harm was caused by the gross negligence or reckless
misconduct of the health care professional.
SEC. 6. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WORKING FOR OR
VOLUNTEERING AT A STATE OR LOCAL AGENCY OPIOID OVERDOSE
PROGRAM.
(a) In General.--Notwithstanding any other provision of law, except
as provided in subsection (b), no individual who provides an opioid
overdose drug shall be liable for harm caused by the emergency
administration of an opioid overdose drug by another individual if the
individual who provides such drug--
(1) works for or volunteers at an opioid overdose program;
and
(2) provides the opioid overdose drug as part of the opioid
overdose program to an individual authorized by the program to
receive an opioid overdose drug.
(b) Exception.--Subsection (a) shall not apply if the harm was
caused by the gross negligence or reckless misconduct of the individual
who provides the drug.
SEC. 7. LIMITATION ON CIVIL LIABILITY FOR INDIVIDUALS WHO ADMINISTER
OPIOID OVERDOSE DRUGS.
(a) In General.--Notwithstanding any other provision of law, except
as provided in subsection (b), no individual shall be liable for harm
caused by the emergency administration of an opioid overdose drug to an
individual who has or reasonably appears to have suffered an overdose
from heroin or other opioid, if--
(1) the individual who administers the opioid overdose drug
obtained the drug from a health care professional or as part of
an opioid overdose program; and
(2) was educated by the health care professional or an
opioid overdose program in the proper administration of the
opioid antagonist drug.
(b) Exception.--Subsection (a) shall not apply to an individual if
the harm was caused by the gross negligence or reckless misconduct of
the individual who administers the drug. | Opioid Overdose Reduction Act of 2014 - Exempts from liability for harm caused by the emergency administration of an opioid overdose drug: a health care professional who prescribes or provides such a drug to an individual at risk of experiencing an opioid overdose, or to another person in a position to assist such individual, if the individual has been educated about opioid overdose prevention and treatment by the health care professional or as part of a government opioid overdose program; a person who provides such a drug for emergency administration to an individual authorized to receive it as part of an opioid overdose program; and a person who provides for emergency administration of such a drug to an individual who reasonably appears to have suffered an overdose from heroin or another opioid if such person obtained such drug from a health care professional or as part of an opioid overdose program and was educated by such professional or program in the proper administration of such drug. Makes such exemptions inapplicable if the harm was caused by gross negligence or reckless misconduct. | {"src": "billsum_train", "title": "Opioid Overdose Reduction Act of 2014"} | 1,390 | 225 | 0.577317 | 1.457468 | 1.050329 | 4.661458 | 6.385417 | 0.953125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Development Lab Act of
2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The effectiveness of United States foreign assistance
can be greatly enhanced by fostering innovation, applying
science and technology, and leveraging the expertise and
resources of the private sector to find low-cost, common sense
solutions to today's most pressing development challenges.
(2) Breakthroughs that accelerate economic growth and
produce better health outcomes in developing countries can help
support the growth of healthier, more stable societies and
foster trade relationships that translate into jobs and
economic growth in the United States.
(3) In 2014, the Office of Science and Technology and the
Office of Innovation and Development Alliances at the United
States Agency for International Development (USAID) were
streamlined and merged into the United States Global
Development Lab.
(4) The Lab partners with entrepreneurs, experts,
nongovernmental organizations, universities, and science and
research institutions to find solutions to specific development
challenges in a faster, more cost-efficient, and more
sustainable way.
(5) The Lab utilizes competitive innovation incentive
awards, a ``pay-for-success'' model, whereby a development
challenge is identified, competitions are launched, ideas with
the greatest potential for success are selected and tested, and
awards are provided only after the objectives of a competition
have been substantially achieved.
(6) Enhancing the authorities that support this pay-for-
success model will better enable the Lab to diversify and
expand both the number and sources of ideas that may be
developed, tested, and brought to scale, thereby increasing
USAID's opportunity to apply high value, low-cost solutions to
specific development challenges.
SEC. 3. UNITED STATES GLOBAL DEVELOPMENT LAB.
(a) Establishment.--There is established in USAID an entity to be
known as the United States Global Development Lab.
(b) Duties.--The duties of the Lab shall include--
(1) increasing the application of science, technology,
innovation and partnerships to develop and scale new solutions
to end extreme poverty;
(2) discovering, testing, and scaling development
innovations to increase cost effectiveness and support United
States foreign policy and development goals;
(3) leveraging the expertise, resources, and investment of
businesses, nongovernmental organizations, science and research
organizations, and universities to increase program impact and
sustainability;
(4) utilizing innovation-driven competitions to expand the
number and diversity of solutions to development challenges;
and
(5) supporting USAID missions and bureaus in applying
science, technology, innovation, and partnership approaches to
decisionmaking, procurement, and program design.
(c) Authorities.--
(1) In general.--In carrying out the duties of the Lab
under subsection (b), the Administrator, in addition to such
other authorities as may be available to the Administrator,
including authorities under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), and subject to the
limitations described in paragraph (3), is authorized to--
(A) provide innovation incentive awards (as defined
in section 4(5) of this Act); and
(B) use funds made available to carry out the
provisions of part I of the Foreign Assistance Act of
1961 for each of the fiscal years 2017 through 2021 for
the employment of not more than 30 individuals on a
limited term basis pursuant to schedule A of subpart C
of part 213 of title 5, Code of Federal Regulations, or
similar provisions of law or regulations.
(2) Recovery of funds.--
(A) Authority.--
(i) In general.--In carrying out the duties
of the Lab under subsection (b), the
Administrator, subject to the limitation
described in clause (ii), is authorized to
require a person or entity that receives
funding under a grant, contract, or cooperative
agreement made by the Lab to return to the Lab
any program income that is attributable to
funding under such grant, contract, or
cooperative agreement.
(ii) Limitation.--The amount of program
income that a person or entity is required to
return to the Lab under clause (i) shall not
exceed the amount of funding that the person or
entity received under the grant, contract, or
cooperative agreement.
(B) Treatment of payments.--
(i) In general.--The amount of any program
income returned to the Lab pursuant to
subparagraph (A) may be credited to the account
from which the obligation and expenditure of
funds under the grant, contract, or cooperative
agreement described in subparagraph (A) was
made.
(ii) Availability.--
(I) In general.--Except as provided
in subclause (II), amounts returned and
credited to an account under clause
(i)--
(aa) shall be merged with
other funds in the account; and
(bb) shall be available,
subject to appropriation, for
the same purposes and period of
time for which other funds in
the account are available for
programs and activities of the
Lab.
(II) Exception.--Amounts returned
and credited to an account under clause
(i) may not be used to pay for the
employment of individuals described in
paragraph (1)(B).
(3) Limitations.--
(A) In general.--Concurrent with the submission of
the Congressional Budget Justification for Foreign
Operations for each fiscal year, the Administrator
shall submit to the appropriate congressional
committees a detailed accounting of USAID's use of
authorities under this section, including the sources,
amounts, and uses of funding under each of paragraphs
(1) and (2).
(B) Innovation incentive awards.--In providing
innovation incentive awards under paragraph (1)(A), the
Administrator shall--
(i) limit the amount of individual awards
for fiscal year 2017 to not more than $100,000;
(ii) limit the total number of awards for
fiscal year 2017 to not more than 10 awards;
and
(iii) notify the appropriate congressional
committees not later than 15 days after
providing each such award.
(C) Staff.--In exercising the authority under
paragraph (1)(B), the Administrator should seek to
ensure that increases in the number of staff assigned
to the Lab are offset by an equivalent reduction in the
total number of staff serving elsewhere in USAID.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committees on Foreign Relations and the
Committee on Appropriations of the Senate.
(3) Lab.--The term ``Lab'' means the United States Global
Development Lab established under section 3.
(4) USAID.--The term ``USAID'' means the United States
Agency for International Development.
(5) Innovation incentive award.--The term ``innovation
incentive award'' means the provision of funding on a
competitive basis that--
(A) encourages and rewards the development of
solutions for a particular, well-defined problem
relating to the alleviation of poverty; or
(B) helps identify and promote a broad range of
ideas and practices, facilitating further development
of an idea or practice by third parties.
Passed the House of Representatives September 21, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Global Development Lab Act of 2016 (Sec. 3) This bill establishes in the U.S. Agency for International Development (USAID) the United States Global Development Lab, the duties of which shall include: increasing the application of science, technology, innovation, and partnerships to develop new solutions to end extreme poverty; discovering and testing innovations to increase cost effectiveness and support U.S. foreign policy and development goals; leveraging the expertise and resources of businesses, nongovernmental organizations, science and research organizations, and universities to increase program impact; and supporting USAID missions and bureaus in applying science, technology, innovation, and partnership approaches to decision making, procurement, and program design. USAID may (1) provide innovation incentive awards; and (2) use certain funds for each of FY2017-FY2021 to employ up to 30 individuals on a limited term basis. (Sec. 4) "Innovation incentive award" means the provision of funding on a competitive basis that: (1) encourages the development of solutions for a particular, well-defined problem relating to the alleviation of poverty; or (2) helps identify and promote a broad range of ideas and practices facilitating third party development of an idea or practice. | {"src": "billsum_train", "title": "Global Development Lab Act of 2016"} | 1,601 | 261 | 0.709583 | 2.457065 | 0.993181 | 4.697872 | 6.634043 | 0.910638 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research for Competitiveness Act''.
SEC. 2. NATIONAL SCIENCE FOUNDATION INDUSTRIALLY-RELEVANT RESEARCH
AWARDS.
(a) In General.--The Director of the National Science Foundation
shall carry out a program to award competitive grants to scientists and
engineers at the early stage of their careers at institutions of higher
education and research institutions to conduct high-risk, high-return
research in areas relevant to industry.
(b) Size and Duration of Award.--The duration of awards under this
section shall be 5 years, and the amount per year shall be $50,000.
Additionally, if an award recipient receives funding from United States
industry for work in the area described in the recipient's application
for the award, then up to an additional $50,000 may be provided each
year as a one-to-one match to such industry funding.
(c) Eligibility.--Award recipients shall be individuals who are
employed in a tenure-track position as an assistant professor or
equivalent title, or who hold an equivalent position, at--
(1) an institution of higher education in the United
States; or
(2) an organization in the United States that is a
nonprofit, nondegree-granting research organization such as a
museum, observatory, or research laboratory.
(d) Application and Selection Process.--
(1) Initial application.--Applicants for awards under this
section shall submit to the Director--
(A) a curriculum vitae or resume, including a list
of publications and a description of any activities
demonstrating leadership or educational activities;
(B) a description of research areas of interest;
(C) letters of recommendation; and
(D) any other materials the Director requires.
(2) Further consideration and selection.--The Director
shall convene review panels to make recommendations, based on
application materials received under paragraph (1), of which
candidates are qualified to be finalists for the award. Based
on these recommendations, the Director shall select finalists,
who shall then be interviewed by panels of experts who shall
make recommendations to the Director on the recipients of the
awards. The Director shall make awards based on these
recommendations.
(e) Composition of Review Panels.--The panels reviewing
applications and interviewing finalists as described in subsection (d)
shall include representatives from a range of industries.
(f) Criteria for Awards.--In establishing criteria for evaluation
of applications for grants under this section, the Director shall
include--
(1) the potential of the applicant for leadership at the
frontiers of knowledge;
(2) the potential innovative or transformative nature of
research in the areas of interest described in the application;
(3) the creativity demonstrated in the applicant's past
research activities; and
(4) the potential relevance to industry of research in the
areas of interest described in the application.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Science Foundation to
carry out this section--
(1) $3,000,000 for fiscal year 2007;
(2) $6,000,000 for fiscal year 2008;
(3) $9,000,000 for fiscal year 2009;
(4) $12,000,000 for fiscal year 2010; and
(5) $15,000,000 for fiscal year 2011.
SEC. 3. DEPARTMENT OF ENERGY INDUSTRIALLY-RELEVANT RESEARCH AWARDS.
(a) In General.--The Under Secretary for Science of the Department
of Energy shall carry out a program to award competitive grants to
scientists and engineers at the early stage of their careers at
institutions of higher education and research institutions to conduct
high-risk, high-return research in areas relevant to energy production,
storage, and use.
(b) Participation of Department of Energy Organizations.--The
research, development, demonstration, and commercial application
programs of the Office of Science, the Office of Nuclear Energy
Research and Development, the Office of Fossil Energy, and the Office
of Energy Efficiency and Renewables may participate in the program
established under subsection (a).
(c) Size and Duration of Award.--The duration of awards under this
section shall be up to 5 years, and the amount per year shall be
$50,000. Additionally, if an award recipient receives funding from
United States industry for work in the area described in the
recipient's application for the award, then up to an additional $50,000
may be provided each year as a one-to-one match to such industry
funding.
(d) Eligibility.--Award recipients shall be individuals who are
employed in a tenure-track position as an assistant professor or
equivalent title, or who hold an equivalent position, at--
(1) an institution of higher education in the United
States; or
(2) an organization in the United States that is a
nonprofit, nondegree-granting research organization such as a
museum, observatory, or research laboratory.
(e) Application and Selection Process.--
(1) Initial application.--Applicants for awards under this
section shall submit to the Under Secretary--
(A) a curriculum vitae or resume, including a list
of publications and a description of any activities
demonstrating leadership or educational activities;
(B) a description of research areas of interest;
(C) letters of recommendation; and
(D) any other materials the Under Secretary
requires.
(2) Further consideration and selection.--The Under
Secretary shall convene review panels to make recommendations,
based on application materials received under paragraph (1), of
which candidates are qualified to be finalists for the award.
Based on these recommendations, the Under Secretary shall
select finalists, who shall then be interviewed by panels of
experts who shall make recommendations to the Under Secretary
on the recipients of the awards. The Under Secretary shall make
awards based on these recommendations.
(f) Composition of Review Panels.--The panels reviewing
applications and interviewing finalists as described in subsection (e)
shall include representatives from a range of industries.
(g) Criteria for Awards.--In establishing criteria for evaluation
of applications for the grants awarded under section (a), the Under
Secretary shall include--
(1) the potential for leadership at the frontiers of
knowledge by the applicant;
(2) the potential innovative or transformative nature of
research in the areas of interest described in the application;
(3) the creativity demonstrated in the applicant's past
research activities; and
(4) the potential relevance to industry of research in the
areas of interest described in the application.
(h) Collaboration With National Laboratories.--In awarding grants
under this section, the Under Secretary may give priority to
applications in which the proposed work includes collaboration with the
Department of Energy National Laboratories.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy to carry out this section--
(1) $2,000,000 for fiscal year 2007;
(2) $4,000,000 for fiscal year 2008;
(3) $6,000,000 for fiscal year 2009;
(4) $8,000,000 for fiscal year 2010; and
(5) $10,000,000 for fiscal year 2011.
SEC. 4. DEFINITION.
In this Act, the term ``institution of higher education'' has the
meaning given such term in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)). | Research for Competitiveness Act - Requires the Director of the National Science Foundation to carry out a program of awarding competitive grants to scientists and engineers at the early stage of their careers at institutions of higher education and research institutions to conduct, high-risk, high-return research in areas relevant to industry.
Directs the Under Secretary for Science of the Department of Energy to carry out a program of awarding competitive grants to scientists and engineers at the early stage of their careers at institutions of higher education and research institutions to conduct high-risk, high-return research in areas relevant to energy production, storage, and use. | {"src": "billsum_train", "title": "To authorize the National Science Foundation and the research, development, demonstration, and commercial application programs of the Department of Energy to provide grants to early career researchers to conduct high-risk, high-return research in areas relevant to industry."} | 1,536 | 132 | 0.48607 | 1.24432 | 0.624918 | 7.591667 | 12.375 | 0.991667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Overmedication Prevention
Act of 2017''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INDEPENDENT REVIEW OF CERTAIN
DEATHS OF VETERANS BY SUICIDE.
(a) Review Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies shall conduct a review of the deaths of
all covered veterans who died by suicide during the five-year
period ending on the date of the enactment of this Act,
regardless of whether information relating to such deaths has
been reported by the Centers for Disease Control and
Prevention.
(2) Elements.--The review required by paragraph (1) shall
include the following:
(A) The total number of covered veterans who died
by suicide during the five-year period ending on the
date of the enactment of this Act.
(B) The total number of covered veterans who died
by a violent death during such five-year period.
(C) The total number of covered veterans who died
by an accidental death during such five-year period.
(D) A description of each covered veteran described
in subparagraphs (A) through (C), including age,
gender, race, and ethnicity.
(E) A comprehensive list of prescribed medications
and legal or illegal substances as annotated on
toxicology reports of covered veterans described in
subparagraphs (A) through (C), specifically listing any
medications that carried a black box warning, were
prescribed for off-label use, were psychotropic, or
carried warnings that included suicidal ideation.
(F) A summary of medical diagnoses by physicians of
the Department of Veterans Affairs or physicians
providing services to covered veterans through programs
of the Department that led to the prescribing of
medications referred to in subparagraph (E) in cases of
post-traumatic stress disorder, traumatic brain injury,
military sexual trauma, and other anxiety and
depressive disorders.
(G) The number of instances in which a covered
veteran described in subparagraph (A), (B), or (C) was
concurrently on multiple medications prescribed by
physicians of the Department or physicians providing
services to veterans through programs of the Department
to treat post-traumatic stress disorder, traumatic
brain injury, military sexual trauma, other anxiety and
depressive disorders, or instances of comorbidity.
(H) The number of covered veterans described in
subparagraphs (A) through (C) who were not taking any
medication prescribed by a physician of the Department
or a physician providing services to veterans through a
program of the Department.
(I) With respect to the treatment of post-traumatic
stress disorder, traumatic brain injury, military
sexual trauma, or other anxiety and depressive
disorders, the percentage of covered veterans described
in subparagraphs (A) through (C) who received a non-
medication first-line treatment compared to the
percentage of such veterans who received medication
only.
(J) With respect to the treatment of covered
veterans described in subparagraphs (A) through (C) for
post-traumatic stress disorder, traumatic brain injury,
military sexual trauma, or other anxiety and depressive
disorders, the number of instances in which a non-
medication first-line treatment (such as cognitive
behavioral therapy) was attempted and determined to be
ineffective for such a veteran, which subsequently led
to the prescribing of a medication referred to in
subparagraph (E).
(K) A description and example of how the Department
determines and continually updates the clinical
practice guidelines governing the prescribing of
medications.
(L) An analysis of the use by the Department,
including protocols or practices at medical facilities
of the Department, of systematically measuring pain
scores during clinical encounters under the Pain as the
5th Vital Sign Toolkit of the Department and an
evaluation of the relationship between the use of such
measurements and the number of veterans concurrently on
multiple medications prescribed by physicians of the
Department.
(M) A description of the efforts of the Department
to maintain appropriate staffing levels for mental
health professionals, such as mental health counselors,
marriage and family therapists, and other appropriate
counselors, including--
(i) a description of any impediments to
carry out the education, training, and hiring
of mental health counselors and marriage and
family therapists under section 7302(a) of
title 38, United States Code, and strategies
for addressing those impediments;
(ii) a description of the objectives,
goals, and timing of the Department with
respect to increasing the representation of
such counselors and therapists in the
behavioral health workforce of the Department,
including--
(I) a review of eligibility
criteria for such counselors and
therapists and a comparison of such
criteria to that of other behavioral
health professions in the Department;
and
(II) an assessment of the
participation of such counselors and
therapists in the mental health
professionals trainee program of the
Department and any impediments to such
participation;
(iii) an assessment of the development by
the Department of hiring guidelines for mental
health counselors, marriage and family
therapists, and other appropriate counselors;
(iv) a description of how the Department--
(I) identifies gaps in the supply
of mental health professionals; and
(II) determines successful staffing
ratios for mental health professionals
of the Department;
(v) a description of actions taken by the
Secretary, in consultation with the Director of
the Office of Personnel Management, to create
an occupational series for mental health
counselors and marriage and family therapists
of the Department and a timeline for the
creation of such an occupational series; and
(vi) a description of actions taken by the
Secretary to ensure that the national,
regional, and local professional standards
boards for mental health counselors and
marriage and family therapists are comprised of
only mental health counselors and marriage and
family therapists and that the liaison from the
Department to such boards is a mental health
counselor or marriage and family therapist.
(N) The percentage of covered veterans described in
subparagraphs (A) through (C) with combat experience or
trauma related to combat experience (including military
sexual trauma, traumatic brain injury, and post-
traumatic stress).
(O) An identification of the medical facilities of
the Department with markedly high prescription rates
and suicide rates for veterans receiving treatment at
those facilities.
(P) An analysis, by State, of programs of the
Department that collaborate with State Medicaid
agencies and the Centers for Medicare and Medicaid
Services, including the following:
(i) An analysis of the sharing of
prescription and behavioral health data for
veterans.
(ii) An analysis of whether Department
staff check with State prescription drug
monitoring programs before prescribing
medications to veterans.
(iii) A description of the procedures of
the Department for coordinating with
prescribers outside of the Department to ensure
that veterans are not overprescribed.
(iv) A description of actions that the
Department takes when a veteran is determined
to be overprescribed.
(Q) An analysis of the collaboration of medical
centers of the Department with medical examiners'
offices or local jurisdictions to determine veteran
mortality and cause of death.
(R) An identification and determination of a best
practice model to collect and share veteran death
certificate data between the Department of Veterans
Affairs, the Department of Defense, States, and tribal
entities.
(S) A description of how data relating to death
certificates of veterans is collected, determined, and
reported by the Department of Veterans Affairs.
(T) An assessment of any patterns apparent to the
National Academies of Sciences, Engineering, and
Medicine based on the review conducted under paragraph
(1).
(U) Such recommendations for further action that
would improve the safety and well-being of veterans as
the National Academies of Sciences, Engineering, and
Medicine determine appropriate.
(3) Compilation of data.--
(A) Form of compilation.--The Secretary of Veterans
Affairs shall ensure that data compiled under paragraph
(2) is compiled in a manner that allows it to be
analyzed across all data fields for purposes of
informing and updating clinical practice guidelines of
the Department of Veterans Affairs.
(B) Compilation of data regarding covered
veterans.--In compiling data under paragraph (2)
regarding covered veterans described in subparagraphs
(A) through (C) of such paragraph, data regarding
veterans described in each such subparagraph shall be
compiled separately and disaggregated by year.
(4) Completion of review and report.--The agreement entered
into under paragraph (1) shall require that the National
Academies of Sciences, Engineering, and Medicine complete the
review under such paragraph and submit to the Secretary of
Veterans Affairs a report containing the results of the review
not later than 180 days after entering into the agreement.
(b) Report.--Not later than 30 days after the completion by the
National Academies of Sciences, Engineering, and Medicine of the review
required under subsection (a), the Secretary of Veterans Affairs
shall--
(1) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the results of the review; and
(2) make such report publicly available.
(c) Definitions.--In this section:
(1) The term ``black box warning'' means a warning
displayed on the label of a prescription drug that is designed
to call attention to the serious or life-threatening risk of
the prescription drug.
(2) The term ``covered veteran'' means a veteran who
received hospital care or medical services furnished by the
Department of Veterans Affairs during the five-year period
preceding the death of the veteran.
(3) The term ``first-line treatment'' means a potential
intervention that has been evaluated and assigned a high score
within clinical practice guidelines.
(4) The term ``State'' means each of the States,
territories, and possessions of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico. | Veteran Overmedication Prevention Act of 2017 This bill requires the Department of Veterans Affairs (VA) to contract with the National Academies of Sciences, Engineering, and Medicine to review the deaths of all covered veterans who died by suicide during the last five years, regardless of whether information relating to such deaths has been reported by the Centers for Disease Control and Prevention. A "covered veteran" is any veteran who received VA hospital care or medical services during the five-year period preceding the veteran's death. The review shall include: the total numbers of veterans who died by suicide, violent death, or accidental death; the percentage of such veterans with combat experience or related trauma; each veteran's age, gender, race, and ethnicity; a list of medications and substances prescribed to such veterans; a summary of medical diagnoses that led to such prescriptions in cases of anxiety and depressive disorders; the number of instances in which such a veteran was concurrently on multiple prescribed medications; the number of such veterans who were not taking any prescribed medication; the percentage of such veterans treated for anxiety or depressive disorders who received a non-medication first-line treatment compared to the percentage who received medication only; descriptions of how the VA determines and updates clinical practice guidelines for prescribing medications and of VA efforts to maintain appropriate staffing levels for mental health professionals; an analysis of VA's use of systematically measuring pain scores during clinical encounters and how that relates to the number of veterans concurrently on multiple prescribed medications; identification of VA medical facilities with markedly high prescription rates and suicide rates for treated veterans; an analysis of VA programs that collaborate with state Medicaid agencies and the Centers for Medicare and Medicaid Services; an analysis of VA medical center collaboration with medical examiners' offices or local jurisdictions to determine veteran mortality and cause of death; identification of a best practice model to collect and share veteran death certificate data; a description of how data relating to death certificates of veterans is collected, determined, and reported by the VA; an assessment of any apparent patterns based on the review; and recommendations to improve the safety and well-being of veterans. The VA shall ensure that such data is compiled in a manner that allows it to be analyzed across all data fields for purposes of informing and updating VA clinical practice guidelines. | {"src": "billsum_train", "title": "Veteran Overmedication Prevention Act of 2017"} | 2,169 | 490 | 0.648457 | 2.112183 | 0.821359 | 4.053333 | 4.722222 | 0.915556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Servicemembers Online Act
of 2017''.
SEC. 2. PROHIBITION ON NONCONSENSUAL DISTRIBUTION OF PRIVATE SEXUAL
IMAGES.
(a) Prohibition.--Section 920c of title 10, United States Code
(article 120c of the Uniform Code of Military Justice), is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Nonconsensual Distribution of Private Sexual Images.--
``(1) In general.--Any person subject to this chapter who--
``(A) knowingly broadcasts or distributes a visual
image of another person who--
``(i) is at least 18 years of age;
``(ii) is identifiable from the image
itself or from information displayed in
connection with the image;
``(iii) is engaged in a sexual act or
exposes a private area; and
``(iv) had a reasonable expectation of
privacy in the conduct depicted on the image;
``(B) knows that the image was to remain private;
``(C) knows that the person depicted in the image
has not consented to the broadcast or distribution; and
``(D) broadcasts or distributes the image with the
intent to harm, harass, intimidate, or coerce the
person depicted in the image;
is guilty of an offense under this subsection and shall be punished as
a court-martial may direct.
``(2) Construction of certain broadcast or distribution.--
The broadcast or distribution by a person of a visual image of
the person to one other particular person shall not, by itself,
constitute consent for the broadcast or distribution of the
visual image by that particular person to any other person or
persons for purposes of this subsection.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to offenses committed on or after the date of the enactment of
this Act.
SEC. 3. PROHIBITION ON HARASSMENT.
(a) Punitive Article.--
(1) In general.--Subchapter X of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by inserting after section 917 (article 117) the
following new section (article):
``Sec. 917a. Art. 117a. Harassment
``(a) In General.--Any person subject to this chapter who--
``(1) intentionally engages in a course of conduct,
including broadcast or transmission by electronic means, with
the intent to cause harm through directing harassing
communications at one or more specific other persons; and
``(2) causes harm to the other person or persons, or to the
military unit of the other person or persons, by the harassing
communication;
is guilty of an offense under this section and shall be punished as a
court-martial may direct.
``(b) Definitions.--In this section:
``(1) The term `course of conduct' means a pattern of
conduct consisting of two or more acts directed to a specific
person or persons and evidencing a continuity of purpose.
``(2) The term `harassing communication' means a
communication that--
``(A) seriously intimidates or harasses another
person or persons;
``(B) would cause a reasonable person to suffer
substantial emotional distress; and
``(C) serves no military purpose.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter X of chapter 47 of such title is
amended by inserting after the item relating to section 917
(article 117) the following new item:
``917a. 117a. Harassment.''.
(b) Coordination With UCMJ Reform.--
(1) In general.--Effective as of the effective date of the
amendments made by division E of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328), as
provided in section 5542(a) of that Act, and immediately after
the coming into effect of such amendments, subchapter X of
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), is further amended--
(A) by transferring section 917a (article 117a), as
added by subsection (a), to appear after section 915
(article 115), as amended by section 5427 of the
National Defense Authorization Act for Fiscal Year
2017; and
(B) by redesignating such section (article), as so
transferred, as section 915a (article 115a).
(2) Clerical amendments.--Effective as of the effective
date provided in paragraph (1), the table of sections at the
beginning of subchapter X of chapter 47 of such title, as
amended by section 5452 of the National Defense Authorization
Act for Fiscal Year 2017, is further amended--
(A) by inserting after the item relating to section
915 (article 115) the following new item:
``915a. 115a. Harassment.'';
and
(B) by striking the item relating to section 917a
(article 117a). | Protecting Servicemembers Online Act of 2017 This bill subjects to a court-martial under the Uniform Code of Military Justice a person who: knowingly broadcasts or distributes an identifiable visual image of another person who is at least 18 years old, who is engaged in a sexual act or exposes a private area, and who had a reasonable expectation of privacy in the depicted conduct; knows that the image was to remain private; knows that the depicted person has not consented to the broadcast or distribution; and broadcasts or distributes the image with the intent to harm, harass, intimidate, or coerce such person. The broadcast or distribution by a person of his or her visual image to one other particular person shall not by itself constitute consent for such image's broadcast or distribution by that particular person to any other person. The bill also subjects to a court-martial a person who: intentionally engages in a course of conduct with the intent to cause harm through directing harassing communications at another specific person; and causes harm to such person or to such person's military unit by such communication. | {"src": "billsum_train", "title": "Protecting Ser\u00advice\u00admem\u00adbers Online Act of 2017"} | 1,203 | 242 | 0.724404 | 2.119633 | 0.911214 | 4.38785 | 4.981308 | 0.892523 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crow Tribe Land Restoration Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to authorize the Secretary of the
Interior--
(1) to develop a program to acquire land and interests in
land from eligible individuals within the Crow Reservation in
the State of Montana;
(2) to hold in trust the land, and interests in land,
described in paragraph (1) for the benefit of the Crow Tribe of
the State of Montana;
(3) to allow the Tribe to assume management of the land and
interests in land; and
(4) to end the continuing fractionation of land on the
Reservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cost.--The term ``cost'' means the cost of a direct
loan, within the meaning of section 502(5)(B) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)(B)).
(2) Eligible individual.--The term ``eligible individual''
means an individual that owns land, or an interest in land,
within the Reservation.
(3) Loan.--The term ``loan'' has the meaning given the term
``direct loan'' in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(4) Loan obligation.--The term ``loan obligation'' has the
meaning given the term ``direct loan obligation'' in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
(5) Reservation.--The term ``Reservation'' means the Crow
Reservation in the State of Montana.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribe.--The term ``Tribe'' means the Crow Tribe of the
State of Montana.
SEC. 4. ACQUISITION OF LAND WITHIN RESERVATION.
(a) Purchasing Program.--
(1) Establishment.--As soon as practicable after the date
of enactment of this Act, the Secretary shall establish a loan
program to assist the Tribe in purchasing from eligible
individuals land, and interests in land, within the
Reservation.
(2) Requirements.--
(A) Voluntary sale.--A sale of land to the Tribe
under the purchasing program shall be voluntary.
(B) Reasonable purchase price.--To receive funds
under the purchasing program, the Tribe shall offer to
an eligible individual in consideration for land, or an
interest in land, within the Reservation an amount
equal to the reasonable purchase price of the land, or
interest in land, of the eligible individual, as
determined in accordance with subsection (b).
(3) Notification to eligible individuals.--
(A) In general.--As soon as practicable after the
date on which the purchasing program is established,
the Tribe shall provide to each eligible individual a
notification with respect to the program, including any
guidelines issued by the Secretary relating to the
program.
(B) Contact with eligible individuals.--
Notwithstanding any other provision of law, an eligible
individual may be contacted directly with respect to
the purchasing program by--
(i) the Tribe, or a representative of the
Tribe; or
(ii) the Secretary, or a representative of
the Secretary.
(b) Reasonable Purchase Price.--
(1) Guidelines.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish guidelines
under which the reasonable purchase price of land, or an
interest in land, of an eligible individual shall be
determined.
(2) Consideration.--In establishing guidelines under
paragraph (1), the Secretary may take into consideration--
(A) current average annual earnings obtained from
the land, and the extent of fractionated ownership
interests in land, of eligible individuals; and
(B) any other factor the Secretary considers to be
appropriate.
(c) Acceptance of Offer.--On acceptance by an eligible individual
of an offer of the Tribe under this section--
(1) the Tribe shall pay to the eligible individual the
reasonable purchase price of the land, or interest in land, of
the eligible individual, as determined in accordance with
subsection (b); and
(2) title to the land, or interest in land, acquired from
the eligible individual shall be conveyed to the United States,
to be held in trust by the Secretary for the benefit of the
Tribe.
(d) Judicial Review.--The terms and amount of any offer of the
Tribe to purchase land, or an interest in land, of an eligible
individual under this section shall not be subject to judicial review.
SEC. 5. PURCHASING PROGRAM FUNDING.
(a) Loan Obligations by Secretary.--
(1) Issuance.--
(A) In general.--To the extent approved in annual
appropriations Acts, the Secretary may enter into 1 or
more loan obligations with the Tribe as the Secretary
determines to be necessary to fund the purchasing
program established under section 4(a)(1).
(B) Requirements.--Any loan issued under
subparagraph (A) shall be subject to such terms and
conditions as the Secretary determines to be
appropriate.
(C) Cost.--The Secretary shall establish terms and
conditions of loans under this paragraph that will
result in a budget cost of zero for each loan, to the
maximum extent practicable.
(2) Term.--A loan issued under paragraph (1) shall be
repaid not later than 40 years after the date of issuance of
the loan.
(3) Interest.--A loan issued under paragraph (1) shall bear
interest at a rate to be determined by the Secretary, in
consultation with the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities.
(4) Limitations.--
(A) Total amount.--On any date, the total amount of
obligations issued under paragraph (1) shall not exceed
$380,000,000.
(B) Timing.--The Secretary shall not issue any loan
under this section after September 30, 2012.
(b) Repayment of Obligations.--
(1) In general.--The Tribe shall use the revenues from any
land purchased by the Tribe under this Act to repay the
Secretary the amount of any obligation, including interest on
such an obligation, issued under subsection (a).
(2) Reasonable prospect of repayment.--The Secretary shall
ensure, to the maximum extent practicable, that projected
revenues described in paragraph (1) provide reasonable prospect
of repayment of the amount of obligations issued under
subsection (a).
SEC. 6. DONATION OF LAND.
(a) In General.--Subject to subsection (b), the Secretary may
accept from any eligible individual a donation of land or an interest
in land within the Reservation.
(b) Conditions.--
(1) Title held in trust.--The Secretary shall hold in trust
for the benefit of the Tribe the title to any land or interest
in land acquired by the Secretary under subsection (a).
(2) Designation of place of honor.--The Tribe shall
designate on the Reservation a place of honor, as the Tribe
determines to be appropriate, at which the name of any eligible
individual that donates land to the Secretary under subsection
(a) shall be displayed in perpetuity, in recognition of the
donation.
SEC. 7. LAND MANAGEMENT.
(a) Tribal Responsibility.--Land, and interests in land, held in
trust by the Secretary for the benefit of the Tribe under this Act
shall be managed by the Tribe in accordance with a land management
program to be developed and implemented by the Tribe to achieve
repayment of each applicable loan obligation under section 5.
(b) Limitation of Trust Responsibility.--The trust responsibility
of the Secretary with respect to land and interests in land described
in subsection (a) shall be limited to--
(1) ensuring that the land and interests in land are not
subject to alienation; and
(2) enabling the Tribe to exercise jurisdiction over the
land and interests in land.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2009
and each fiscal year thereafter, to remain available until expended.
SEC. 8. EFFECT OF ACT.
(a) In General.--Nothing in this Act--
(1) materially affects the management or operation of
Bighorn Lake or Yellowtail Dam; or
(2) affects any legally protected right to water in the
Bighorn River in the State of Wyoming in existence on the date
of enactment of this Act.
(b) Purchasing Program.--No purchase of land or an interest in land
by the Tribe pursuant to the program established under section 4(a)(1)
materially affects--
(1) the management or operation of Bighorn Lake or
Yellowtail Dam; or
(2) any legally protected right described in subsection
(a)(2). | Crow Tribe Land Restoration Act - Directs the Secretary of the Interior to establish a loan program to assist the Crow Tribe of the State of Montana in purchasing from eligible individuals land and interests in land within the Crow Reservation in the state. Authorizes the Secretary to enter into one or more loan obligation(s) with the Tribe as the Secretary determines necessary to fund such program.
Allows the Secretary to accept from any eligible individual a donation of land or an interest in land within the Reservation to hold in trust for the benefit of the Tribe. Requires the Tribe to manage such land and interests in accordance with a land management program to be developed and implemented by the Tribe to achieve repayment of each applicable loan obligation issued pursuant to this Act. | {"src": "billsum_train", "title": "A bill to develop a program to acquire interests in land from eligible individuals within the Crow Reservation in the State of Montana, and for other purposes."} | 1,947 | 163 | 0.665553 | 1.683374 | 0.908434 | 4.780142 | 12.702128 | 0.93617 |
SECTION 1. MANDATORY SEPARATION AGE.
(a) Civil Service Retirement System.--Section 8335(b) of title 5,
United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be applied by
substituting `65 years of age' for `60 years of age'. The authority to
grant exemptions in accordance with the preceding sentence shall cease
to be available after December 31, 2009.''.
(b) Federal Employees' Retirement System.--Section 8425(b) of title
5, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be applied by
substituting `65 years of age' for `60 years of age'. The authority to
grant exemptions in accordance with the preceding sentence shall cease
to be available after December 31, 2009.''.
SEC. 2. RETENTION AND RELOCATION BONUSES.
(a) In General.--Subchapter IV of chapter 57 of title 5, United
States Code is amended by adding at the end the following:
``Sec. 5759. Retention and relocation bonuses for the Federal Bureau of
Investigation
``(a) Authority.--The Director of the Federal Bureau of
Investigation, after consultation with the Director of the Office of
Personnel Management, may pay, on a case-by-case basis, a bonus under
this section to an employee of the Bureau if--
``(1)(A) the unusually high or unique qualifications of the
employee or a special need of the Bureau for the employee's
services makes it essential to retain the employee; and
``(B) the Director of the Federal Bureau of Investigation
determines that, in the absence of such a bonus, the employee
would be likely to leave--
``(i) the Federal service; or
``(ii) for a different position in the Federal
service; or
``(2) the individual is transferred to a different
geographic area with a higher cost of living (as determined by
the Director of the Federal Bureau of Investigation).
``(b) Service Agreement.--Payment of a bonus under this section is
contingent upon the employee entering into a written service agreement
with the Bureau to complete a period of service with the Bureau. Such
agreement shall include--
``(1) the period of service the individual shall be
required to complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(c) Limitation on Authority.--A bonus paid under this section may
not exceed 50 percent of the employee's basic pay.
``(d) Impact on Basic Pay.--A retention bonus is not part of the
basic pay of an employee for any purpose.
``(e) Termination of Authority.--The authority to grant bonuses
under this section shall cease to be available after December 31,
2009.''.
(b) Clerical Amendment.--The analysis for chapter 57 of title 5,
United States Code, is amended by adding at the end the following:
``5759. Retention and relocation bonuses for the Federal Bureau of
Investigation.''.
SEC. 3. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) In General.--Chapter 35 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``Sec. 3598. Federal Bureau of Investigation Reserve Service
``(a) Establishment.--The Director of the Federal Bureau of
Investigation may provide for the establishment and training of a
Federal Bureau of Investigation Reserve Service (hereinafter in this
section referred to as the `FBI Reserve Service') for temporary
reemployment of employees in the Bureau during periods of emergency, as
determined by the Director.
``(b) Membership.--Membership in the FBI Reserve Service shall be
limited to individuals who previously served as full-time employees of
the Bureau.
``(c) Annuitants.--If an annuitant receiving an annuity from the
Civil Service Retirement and Disability Fund becomes temporarily
reemployed pursuant to this section, such annuity shall not be
discontinued thereby. An annuitant so reemployed shall not be
considered an employee for the purposes of chapter 83 or 84.
``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve Service
members reemployed on a temporary basis pursuant to this section shall
not count against any personnel ceiling applicable to the Bureau.
``(e) Expenses.--The Director may provide members of the FBI
Reserve Service transportation and per diem in lieu of subsistence, in
accordance with applicable provisions of this title, for the purpose of
participating in any training that relates to service as a member of
the FBI Reserve Service.
``(f) Limitation on Membership.--Membership of the FBI Reserve
Service is not to exceed 500 members at any given time.''.
(b) Clerical Amendment.--The analysis for chapter 35 of title 5,
United States Code, is amended by adding at the end the following:
``subchapter vii--retention of retired specialized employees at the
federal bureau of investigation
``3598. Federal Bureau of Investigation reserve service.''.
SEC. 4. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF INVESTIGATION
INTELLIGENCE DIRECTORATE.
Section 5377(a)(2) of title 5, United States Code, is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by inserting after subparagraph (F) the following:
``(G) a position at the Federal Bureau of
Investigation, the primary duties and responsibilities
of which relate to intelligence functions (as
determined by the Director of the Federal Bureau of
Investigation).''. | Amend Federal retirement provisions relating to the Civil Service Retirement System and the Federal Employees' Retirement System to raise, from 60 to 65, the mandatory separation age for employees of the Federal Bureau of Investigation (FBI) who have been exempted, because it is in the public interest to do so, by the head of the agency from being retired at the earlier automatic separation age limit of 57.
Sets forth provisions for payment of retention and relocation bonuses for the FBI.
Authorizes the Director of the FBI to provide for the establishment and training of a Federal Bureau of Investigation Reserve Service (FBI Reserve Service) for temporary reemployment in the FBI of previously full-time employees of the FBI during emergencies. Limits the membership of the FBI Reserve Service to 500 members at any given time.
Amends Federal law relating to Government organization and employees, to include, with regard to pay authority for critical positions, positions at the FBI, the primary duties and responsibilities of which relate to intelligence functions. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide for reform relating to employment at the Federal Bureau of Investigation."} | 1,460 | 210 | 0.520912 | 1.417636 | 0.665199 | 2.776042 | 6.760417 | 0.838542 |
SECTION 1. ELIMINATION OF THE NATIONAL EDUCATION STANDARDS AND
IMPROVEMENT COUNCIL.
(a) Repeals.--Subsection (b) of section 241, sections 211 through
218 of Part B of title II, and section 316 of the Goals 2000: Educate
America Act (20 U.S.C. 5841 et seq.) are repealed.
(b) Amendments to Goals 2000: Educate America Act.--
(1) Section 201(3) of the Goals 2000: Educate America Act
(20 U.S.C. 5812(3)) is amended by striking all that follows
after ``opportunity-to-learn standards'' and inserting a
period.
(2) Section 203(a) of such Act (20 U.S.C. 5823(a)) is
amended by striking paragraphs (3) and (4) and by redesignating
paragraphs (5) and (6) as paragraphs (3) and (4), respectively.
(3) Section 204(a)(2) of such Act (20 U.S.C. 5824) is
amended by striking ``described in section 213(f)''.
(4) Section 219 of such Act (20 U.S.C. 5849) is amended--
(A) in subsection (a)(1) by striking ``consistent
with the provisions of section 213(c),''; and
(B) by striking subsection (b) and inserting the
following:
``(b) Applications.--Each consortium that desires to receive a
grant under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such information
and assurances as the Secretary may require.''.
(5) Section 220(a) of such Act (20 U.S.C. 5850(a)) is
amended by striking ``to be used'' and all that follows through
``by the Council''.
(6) Section 221(a) of such Act (20 U.S.C. 5851(a)) is
amended--
(A) in paragraph (1)--
(i) subparagraph (A), by striking ``and the
Council''; and
(ii) striking subparagraph (B) and (C) and
redesignating subparagraph (D) as subparagraph
(B); and
(B) in paragraph (2), by striking ``and the
Council, as appropriate,''.
(7) Section 308(b)(2)(A) of such Act (20 U.S.C.
5888(b)(2)(A)) is amended by striking ``including--'' and all
that follows through the end of clause (ii) and inserting
``including through consortia of States''.
(8) Section 314(a)(6) of such Act (20 U.S.C. 5894(a)(6)) is
amended by striking ``, if--'' and all that follows through
``(B)'' and inserting ``if''.
(9) Section 315 of such Act (20 U.S.C. 5895) is amended in
subsection (b)--
(A) paragraph (1)(A), by striking ``paragraph (4)
of this subsection'' and inserting ``paragraph (3)'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively;
(D) in subparagraph (B) of paragraph (3) (as
redesignated), by striking ``paragraph (5),'' and
inserting ``paragraph (4),''; and
(E) in paragraph (4) (as redesignated), by striking
``paragraph (4)'' each place it appears and inserting
``paragraph (3)''.
(c) National Skill Standards Act of 1994.--
(1) Section 503 of the National Skill Standards Act of 1994
(20 U.S.C. 5933) is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by striking ``28''
and inserting ``27'';
(II) by striking subparagraph (D);
and
(III) by redesignating
subparagraphs (E) through (G) as
subparagraphs (D) through (F),
respectively;
(ii) in paragraphs (2), (3), and (5), by
striking ``subparagraphs (E), (F), and (G)''
each place it appears and inserting
``subparagraphs (D), (E), and (F)'';
(iii) in paragraph (2), by striking
``subparagraph (G)'' and inserting
``subparagraph (F)'';
(iv) in paragraph (4), by striking ``(C),
and (D)'' and inserting ``and (C)''; and
(v) in the matter preceding subparagraph
(A) of paragraph (5), by striking
``subparagraph (E), (F), or (G)'' and inserting
``subparagraph (D), (E), or (F)''; and
(B) in subsection (c)--
(i) in paragraph (1)(B), by striking
``subparagraph (E)'' and inserting
``subparagraph (D)''; and
(ii) in paragraph (2), by striking
``subparagraphs (E), (F), and (G)'' and
inserting ``subparagraphs (D), (E), and (F)''.
(2) Section 504 of such Act (20 U.S.C. 5934) is amended--
(A) by striking subsection (f); and
(B) by redesignating subsection (g) as subsection
(f).
(d) Amendment to Elementary and Secondary Education Act of 1965.--
Section 14701(b)(1)(B)(v) of such the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8941(b)(1)(B)(v)) is amended--
(1) by inserting ``and'' before ``the National Education
Goals Panel''; and
(2) by striking ``, and the National Education Statistics
and Improvement Council''.
(d) Amendment to General Education Provisions Act.--Section 428 of
the General Education Provisions Act (20 U.S.C. 1228b), as amended by
section 237 of the Improving America's Schools Act of 1994 (Public Law
103-382), is amended by striking ``the National Education Standards and
Improvement Council,''.
SEC. 2. TECHNICAL AND CONFORMING AMENDMENTS.
The table of contents for the Goals 2000: Educate America Act is
amended, in the items relating to title II, by striking the items
relating to sections 211 through 218 of part B of such title and the
item relating to section 316.
Passed the House of Representatives May 15, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Amends the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council (the Council).
Terminates funding for the Council.
Makes technical and conforming amendments to such Act, the National Skill Standards Act of 1994, the Elementary and Secondary Education Act of 1965, and the General Education Provisions Act. | {"src": "billsum_train", "title": "To amend the Goals 2000: Educate America Act to eliminate the National Education Standards and Improvement Council, and for other purposes."} | 1,605 | 72 | 0.499427 | 1.37674 | 0.377634 | 3.1875 | 21.5625 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coaching Our Adolescents for College
Heights Act'' or the ``COACH Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to recruit and train recent graduates of
4-year institutions of higher education, and place the graduates in
high schools, to increase the number of low- and middle-income high-
achieving high school students who are entering and succeeding at a
college that is appropriate for their level of academic achievement,
by--
(1) building a strong college-going culture for all
students in those high schools; and
(2) working with cohorts of low- and middle-income high-
achieving high school students to--
(A) provide guidance to ensure the students enroll
and succeed in courses for college-bound students; and
(B) provide intensive support during the college
search and application processes.
SEC. 3. PROGRAM.
The National and Community Service Act of 1990 is amended by
inserting after section 198D (42 U.S.C. 12653d) the following:
``SEC. 198E. COACH PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Graduation rate.--The term `graduation rate' means
the percentage described in section 1111(b)(2)(C)(vi) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(C)(ii)).
``(2) High-achieving high school student.--The term `high-
achieving high school student' means a high school student who
scores in the top 50 percent of students on a student academic
assessment described in section 1111(b)(3) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)).
``(3) High school.--The term `high school' means a
secondary school in which the--
``(A) entering grade of the school is not lower
than grade 9; and
``(B) highest grade of the school is--
``(i) grade 12; or
``(ii) in the case of a secondary school
approved by a State to issue a regular diploma
concurrently with a postsecondary degree or
with not more than 2 years worth of
postsecondary academic credit, grade 13.
``(4) Low-income student.--The term `low-income student'
has the meaning given the term in section 1821 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6561).
``(5) Middle-income student.--The term `middle-income
student' means a student from a family with a household income
that is not more than 100 percent of the State median family
income by family size, as measured by the Bureau of the Census.
``(b) COACH Pilot Program.--
``(1) In general.--The Corporation shall award a contract
to a nonprofit organization to plan and implement a 7-year
pilot program. During the first year of the program, the
nonprofit organization shall plan for the successful
implementation of the program. In implementing the program, the
organization shall recruit recent graduates of 4-year
institutions of higher education, who commit to serving for 2
terms of service described in section 139(b)(1), as coaches to
high-achieving high school students who are low-income students
or middle-income students.
``(2) Responsibilities of nonprofit organizations.--The
nonprofit organization shall--
``(A) recruit and select a total of 100 coaches
described in paragraph (1) through a highly selective
national process;
``(B) provide preservice training to the coaches
through a rigorous summer training session;
``(C) place the coaches in high schools--
``(i) that have large numbers of students
described in paragraph (1);
``(ii) where students described in
paragraph (1) have, historically, attended
college at low rates; and
``(iii) that, collectively, are within not
more than 5 school districts;
``(D) provide ongoing support and professional
development for the coaches; and
``(E) provide the coaches with the benefits
described in section 140.
``(3) Matching requirement.--The Corporation may not award
a contract to an organization under paragraph (1) unless that
organization agrees that, with respect of the costs to be
incurred by the organization in carrying out the program for
which the contract was awarded, the organization will make
available (directly or through donations from public or private
entities) non-Federal contributions in an amount equal to not
less than $3 for every $1 of Federal funds provided under the
contract.
``(4) Responsibilities of coaches.--Each coach placed in a
high school under this section shall--
``(A) work with all personnel and staff at the
school to build a strong college-going culture within
the school for all students in the school;
``(B) work with a cohort of not less than 25 and
not more than 50 students described in paragraph (1),
beginning in their freshman year of high school, to--
``(i) provide guidance to ensure the
students enroll and succeed in courses for
college-bound students;
``(ii) assist the students and their
parents in understanding the college
application and admissions processes;
``(iii) provide access to information
about, and assist the students and their
parents in understanding, the college financial
aid process, including assistance in completing
the Free Application for Federal Student Aid
and applying for scholarships for which the
students are eligible;
``(iv) aid, and monitor the efforts of,
each such student in selecting, enrolling in,
and persisting in the institutions of higher
education that best meet the student's
educational and social needs and support the
student's intellectual and social development;
``(v) assist, and monitor the efforts of,
the students in completing multiple college
applications;
``(vi) connect the students with
appropriate summer academic enrichment
programs, including tutoring and test
preparation programs and other academic
opportunities, to develop academic skills
appropriate for college-bound students and
enrich the academic experiences of the students
in the cohort; and
``(vii) connect the students with summer
internships and community service
opportunities; and
``(C)(i) monitor the academic performance and
social adjustment of the students in the cohort once
the students enter their freshman year at an
institution of higher education; and
``(ii) ensure those students are connected to
needed support services at the institution of higher
education.
``(5) Evaluation.--
``(A) In general.--The Corporation shall award a
contract to an independent agency with expertise in
evaluating trends in student achievement to study the
effects of the program carried out under this section
on the achievement of participating students, and
students in high schools participating in the program.
``(B) Measurement.--The evaluation described in
subparagraph (A)--
``(i) shall compare--
``(I) participating high-achieving
high school students who are low-income
students or middle-income students, to
similar high school students not
participating in the program; and
``(II) all students in high schools
participating in the program, to all
students in similar high schools not
participating in the program; and
``(ii) shall include measurements of--
``(I) academic achievement on the
student academic assessments described
in section 1111(b)(3) of the Elementary
and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(3));
``(II) high school graduation
rates;
``(III) student attendance rates;
``(IV) rates of students taking
Scholastic Aptitude Tests or ACT tests;
``(V) rates of students completing
honors, Advanced Placement, or
International Baccalaureate courses, if
available;
``(VI) student rates of enrollment,
persistence, and attainment in
institutions of higher education; and
``(VII) success with respect to any
other academic factor the Corporation
determines is necessary.
``(6) Building on the coach pilot program.--If the
evaluation under paragraph (5) demonstrates that the program
carried out under this section was effective in improving
student achievement, as measured by the indicators described in
paragraph (5)(B)(ii), the Corporation, in collaboration with
the agency described in paragraph (5)(A), shall develop a plan
to include in the program as many students described in
paragraph (1) as possible.''.
SEC. 4. EDUCATIONAL AWARDS.
(a) National Service Position Eligible for National Service
Educational Award.--Section 123 of the National and Community Service
Act of 1990 (42 U.S.C. 12573) is amended--
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting before paragraph (8) the following:
``(7) A position involving service as a coach under section
198E.''.
(b) Reservation of Approved Positions.--Section 129 of the National
and Community Service Act of 1990 (42 U.S.C. 12581) is amended--
(1) in subsection (b)--
(A) by striking ``The Corporation'' and inserting
the following:
``(1) VISTA volunteers and civilian community corps
participants.--The Corporation''; and
(B) by adding at the end the following:
``(2) Coaches.--The Corporation shall ensure that each
individual selected by a nonprofit organization during a fiscal
year as a coach under section 198E shall receive the national
service educational award described in subtitle D if the
individual satisfies the eligibility requirements for the
award. Funds for approved national service positions required
by this paragraph for a fiscal year shall be deducted from the
funds appropriated under section 501(a)(2)(B)(ii).''; and
(2) in subsection (f)--
(A) by inserting before ``The Corporation'' the
following:
``(1) In general.--''; and
(B) by striking the second sentence and inserting
the following:
``(2) Adjustments.--The Corporation is authorized to make
necessary and reasonable adjustments to the program rules--
``(A) relating to coaches described in subsection
(b)(2), if appropriations under section
501(a)(2)(B)(ii) are insufficient to provide the
maximum allowable national service educational awards
under subtitle D for all those coaches who are eligible
for such an award; and
``(B) relating to participants (other than such
coaches), if appropriations under section 501(a)(2)(A)
are insufficient to provide the maximum allowable
national service educational awards under subtitle D
for all those participants who are eligible for such an
award.''.
(c) Term of Service.--Section 139(b) of the National and Community
Service Act of 1990 (42 U.S.C. 12593(b)) is amended by adding at the
end the following:
``(4) Multiple terms of service.--An individual who serves
as a coach under section 198E for a period including 2 terms of
service described in paragraph (1), and satisfies the
eligibility requirements described in paragraph (1) for each
term, shall--
``(A) for purposes of this subsection, be
considered to have served for 2 terms of 1 year; and
``(B) receive a national service educational award
under section 147(a) for each of the 2 terms of
service.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 501(a)(2) of the National and Community Service Act of 1990
(42 U.S.C. 12681(a)(2)) is amended--
(1) in subparagraphs (A) and (B), by inserting ``(other
than assistance described in subparagraph (B)(i))'' after ``H
of title I'';
(2) in subparagraph (A), by inserting ``(other than awards
described in subparagraph (B)(ii))'' after ``subtitle D of
title I'';
(3) by redesignating subparagraph (B) as subparagraph (C);
and
(4) by inserting after subparagraph (A) the following:
``(B) Coach pilot program.--
``(i) Financial assistance.--There are
authorized to be appropriated to provide
financial assistance under section 198E, such
sums as may be necessary for each of fiscal
years 2009 through 2014.
``(ii) National service positions for
coaches.--There are authorized to be
appropriated to provide national service
educational awards under subtitle D of title I
for coaches under section 198E, such sums as
may be necessary for each of fiscal years 2009
through 2014.''. | Coaching Our Adolescents for College Heights Act or the COACH Act - Amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to award a contract to a nonprofit organization to establish a seven-year pilot program under which recent college graduates commit to two terms of service as coaches to high-achieving, low- or middle-income high school students in exchange for national service awards for each term of service.
Requires such coaches, which are to total 100 and operate in no more than five school districts, to: (1) build a strong college-going culture for all students in high schools with historically low college attendance rates; and (2) provide limited cohorts of high-achieving, low- or middle-income students with guidance in studies suited to college-bound students, and support during the college search and application processes.
Requires the nonprofit organization to raise $3 of nonfederal funds for every $1 of federal funds provided under the contract.
Directs the Corporation to contract with an independent agency to study the effects of the pilot program on the achievement of participating students and students in participating high schools. Requires the Corporation to plan an expansion of such program if it is shown to be effective in improving student achievement. | {"src": "billsum_train", "title": "A bill to amend the National and Community Service Act of 1990 to establish a program to provide college coaches to low- and middle-income high-achieving high school students."} | 2,831 | 266 | 0.61574 | 1.840469 | 0.732587 | 2.906122 | 10.677551 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Errors Reduction Act of
2001''.
SEC. 2. INFORMATICS SYSTEMS GRANT PROGRAM FOR HOSPITALS AND SKILLED
NURSING FACILITIES.
(a) Grants.--
(1) In general.--The Secretary of Health and Human Services
(in this section referred to as the ``Secretary'') shall
establish a program to make grants to eligible entities that
have submitted applications in accordance with subsection (b)
for the purpose of assisting such entities in offsetting the
costs related to purchasing, leasing, developing, and
implementing standardized clinical health care informatics
systems designed to improve patient safety and reduce adverse
events and health care complications resulting from medication
errors.
(2) Duration.--The authority of the Secretary to make
grants under this section shall terminate on September 30,
2011.
(3) Costs defined.--For purposes of this section, the term
``costs'' shall include total expenditures incurred for--
(A) purchasing, leasing, and installing computer
software and hardware, including handheld computer
technologies;
(B) making improvements to existing computer
software and hardware;
(C) purchasing or leasing communications
capabilities necessary for clinical data access,
storage, and exchange; and
(D) providing education and training to eligible
entity staff on computer patient safety information
systems.
(4) Eligible entity defined.--For purposes of this section,
the term ``eligible entity'' means the following entities:
(A) Hospital.--A hospital (as defined in section
1861(e) of the Social Security Act (42 U.S.C.
1395x(e))).
(B) Skilled nursing facility.--A skilled nursing
facility (as defined in section 1819(a) of such Act (42
U.S.C. 1395i-3(e))).
(b) Application.--An eligible entity seeking a grant under this
section shall submit an application to the Secretary at such time, in
such form and manner, and containing such information as the Secretary
specifies.
(c) Special Consideration for Eligible Entities that Serve a Large
Number of Medicare and Medicaid Eligible Individuals.--In awarding
grants under this section, the Secretary shall give special
consideration to eligible entities in which individuals that are
eligible for benefits under the medicare program under title XVIII of
the Social Security Act or the medicaid program under title XIX of such
Act make up a high percentage of the total patient population of the
entity.
(d) Limitation on Amount of Grant.--
(1) In general.--A grant awarded under this section may not
exceed the lesser of--
(A) an amount equal to the applicable percentage of
the costs incurred by the eligible entity for the
project for which the entity is seeking funding under
this section; or
(B) in the case of a grant made to a--
(i) hospital, $750,000; or
(ii) skilled nursing facility, $200,000.
(2) Applicable percentage.--For purposes of paragraph
(1)(A), the term ``applicable percentage'' means, with respect
to an eligible entity, the percentage of total net revenues for
such period as determined appropriate by the Secretary for the
entity that consists of net revenues from the medicare program
under title XVIII of the Social Security Act.
(e) Eligible Entity Required To Furnish Secretary With
Information.--An eligible entity receiving a grant under this section
shall furnish the Secretary with such information as the Secretary may
require to--
(1) evaluate the project for which the grant is made; and
(2) ensure that funding provided under the grant is
expended for the purposes for which it is made.
(f) Reports.--
(1) Interim reports.--
(A) In general.--The Secretary shall submit, at
least annually, a report to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate on the grant program
established under this section.
(B) Contents.--A report submitted pursuant to
subparagraph (A) shall include information on--
(i) the number of grants made;
(ii) the nature of the projects for which
funding is provided under the grant program;
(iii) the geographic distribution of grant
recipients; and
(iv) such other matters as the Secretary
determines appropriate.
(2) Final report.--Not later than 180 days after the
completion of all of the projects for which a grant is made
under this section, the Secretary shall submit a final report
to the committees referred to in paragraph (1)(A) on the grant
program established under this section, together with such
recommendations for legislation and administrative action as
the Secretary determines appropriate.
(g) Authorization of Appropriations.--
(1) Authorization.--
(A) Hospitals.--There are authorized to be
appropriated from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) $93,000,000, for each of the fiscal years
2002 through 2011, for the purpose of making grants
under this section to eligible entities that are
hospitals.
(B) Skilled nursing facilities.--There are
authorized to be appropriated from the Federal Hospital
Insurance Trust Fund under section 1817 of the Social
Security Act (42 U.S.C. 1395i) $4,500,000, for each of
the fiscal years 2002 through 2011, for the purpose of
making grants under this section to eligible entities
that are skilled nursing facilities.
(2) Availability.--Any amounts appropriated pursuant to the
authority contained in subparagraph (A) or (B) of paragraph (1)
shall remain available, without fiscal year limitation, through
September 30, 2011. | Medication Errors Reduction Act of 2001 - Directs the Secretary of Health and Human Services to establish a program to make grants to eligible entities for the purpose of assisting such entities in offsetting the costs related to purchasing, leasing, developing, and implementing standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors. Terminates the Secretary's authority to make such grants on September 30, 2011. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish an informatics grant program for hospitals and skilled nursing facilities."} | 1,263 | 108 | 0.655946 | 1.628242 | 1.108918 | 6.295455 | 12.829545 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Mental Health Screening
and Prevention Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Over the past 20 years, advances in scientific research
have changed the way of thinking about children's mental health
and proven that the same mental disorders that afflict adults
can also occur in children and adolescents.
(2) In January 2001, the Report of the Surgeon General's
Conference on Children's Mental Health noted that 74 percent of
individuals age 21 with mental disorders had prior problems,
indicating that children's mental disorders often persist into
adulthood.
(3) Scientific research has demonstrated that early
identification and treatment of mental disorders in youth
greatly improves a child or adolescent's prognosis throughout
his or her lifetime.
(4) In January 2001, the Surgeon General noted that, while
1 in 10 children and adolescents in the United States suffers
from mental illness severe enough to cause some level of
impairment, only 1 in 5 of such children and adolescents
receives needed mental health treatment.
(5) In September 2002, the National Council on Disability
noted that between 60 and 70 percent of youth in the juvenile
justice system have an emotional disturbance and almost 50
percent have co-occurring disabilities.
(6) The World Health Organization has reported that youth
neuropsychiatric disorders will rise by over 50 percent by
2020, making such disorders 1 of the top 5 causes of
disability, morbidity, and mortality among children and
adolescents.
(7) Psychological autopsy studies have found that 90
percent of youths who end their own lives have depression or
another diagnosable mental or substance abuse disorder at the
time of their deaths, verifying a link between mental illness
and suicide.
(8) In 1999, the Surgeon General recognized that mental
illness and substance abuse disorders are, in fact, the
greatest risk factors for suicidal behavior, and that properly
identifying and treating mental illness and substance abuse
disorders are an important part of suicide prevention
activities.
(9) The National Council on Disability has also stated that
``the failure to identify and treat mental disabilities between
children and youth has serious consequences, including school
failure, involvement with the justice system and other tragic
outcomes,'' including ``the growing problem of teen suicides
and/or suicide attempts''.
(10) The Centers for Disease Control and Prevention
reported that in 2000 suicide was the 3rd leading cause of
death among youth 15 to 24 years of age.
(11) The Substance Abuse and Mental Health Services
Administration reported that in 1999 almost 3,000,000 youth
were at risk for suicide, but only 36 percent received mental
health treatment.
(12) According to the Youth Risk Behavior Surveillance
System of the Centers for Disease Control and Prevention, among
high school students surveyed in 2001, 19 percent had seriously
considered attempting suicide, almost 15 percent had made a
specific plan to attempt suicide, almost 9 percent had
attempted suicide, and almost 3 percent had made an attempt at
suicide that required medical attention.
(13) The Centers for Disease Control and Prevention
reported that each year in the United States, almost as many
adolescents and young adults commit suicide as die from all
natural causes combined, including leukemia, birth defects,
pneumonia, influenza, and AIDS.
(14) In January 2001, the Surgeon General issued a goal to
``improve the assessment of and recognition of mental health
needs in children'' in part by encouraging ``early
identification of mental health needs in existing preschool,
child care, education, health, welfare, juvenile justice, and
substance abuse treatment systems''.
(15) Toward that end, the efforts, initiatives, and
activities of the Federal Government should be used to support
evidence-based preventive-screening methods to detect mental
illness and suicidal tendencies in school-age youth.
SEC. 3. MENTAL HEALTH SCREENING DEMONSTRATION PROJECT.
(a) In General.--The Secretary of Health and Human Services, the
Secretary of Education, and the Attorney General, acting jointly and in
consultation with the Directors (as that term is defined in subsection
(j)), shall make a grant to 1 demonstration facility in each of the 10
demonstration areas (designated under subsection (b)) to implement
evidence-based preventive-screening methods to detect mental illness
and suicidal tendencies in school-age youth.
(b) Designation of Demonstration Areas.--
(1) Designation.--Not later than 6 months after the date of
enactment of this Act, the Secretaries, in consultation with
the Directors, shall designate 10 demonstration areas for
purposes of making grants under this section.
(2) Inclusion of certain areas.--The Secretaries shall
include in the demonstration areas designated under paragraph
(1) at least 1 of each of the following:
(A) An urban area that is eligible for designation
under section 332 of the Public Health Service Act (42
U.S.C. 254e) as a health professional shortage area.
(B) An area that has a shortage of mental health
professionals.
(C) An area in a county that is not included in any
standard metropolitan statistical area.
(D) An area in a county that is included in a
standard metropolitan statistical area.
(E) An area that is located in an Indian
reservation.
(c) Period of Grants.--Each grant made under subsection (a) shall
be for a period of 3 years.
(d) Application Requirements.--
(1) In general.--To seek a grant under this section, a
demonstration facility shall submit an application at such time
and in such manner as the Secretaries reasonably require.
(2) Contents.--An application submitted by a demonstration
facility for a grant under subsection (a) shall--
(A) demonstrate that the facility has formed a
multidisciplinary project implementation committee;
(B) specify an evidence-based preventive-screening
method to be implemented with the grant;
(C) demonstrate that the facility has the means to
obtain the necessary resources and tools, other than
personnel, to implement the specified evidence-based
preventive-screening method;
(D) demonstrate that the facility has existing
staff, will hire new staff, or will partner with staff
from a local, licensed mental health or medical
organization to conduct the specified evidence-based
screening method, and that such staff will include at
least 1 licensed mental health professional with a
minimum of a master's degree in a mental health
discipline;
(E) identify the location (which need not be at the
facility) where the specified evidence-based
preventive-screening method will be implemented;
(F) demonstrate that the facility has obtained full
approval to screen at such location;
(G) identify the sample of school-age youth to be
screened with the specified evidence-based preventive-
screening method;
(H) identify a method for obtaining written consent
from the parent or legal guardian of any minor taking
part in the specified evidence-based preventive-
screening method;
(I) identify, for the purpose of determining the
ability of the facility to case manage treatment for
participating youth, the capacity of licensed
individuals or entities offering mental health care
(including any such mental health professionals,
hospitals, residential treatment centers, and
outpatient clinics) to accept referral of individuals
for further mental health evaluation and treatment--
(i) within 10 miles of the location
identified under subparagraph (E); and
(ii) within 40 miles of such location; and
(J) contain such other information as the
Secretaries reasonably require.
(e) Information Collection.--The Secretaries may not make a grant
to an applicant under subsection (a) for a demonstration project unless
the applicant agrees to collect the following:
(1) Information on the demographics of youth participating
in the project, including--
(A) the number of youth solicited to participate in
the project, including the number of such youth
disaggregated by age, gender, and ethnicity; and
(B) the number of youth actually participating in
the project, including the number of such youth
disaggregated by age, gender, and ethnicity.
(2) Information on the outcomes of evidence-based
preventive-screening methods, including--
(A) the number of screening refusals, due to lack
of consent by a parent or legal guardian or refusal of
the youth;
(B) the number of youth with positive outcomes for
all mental illnesses, including such number
disaggregated by disorder;
(C) the number of youth with positive outcomes for
suicidal ideation; and
(D) the number of youth with positive outcomes for
suicide attempts.
(3) Information on referrals based on outcomes, including--
(A) the number of youth referred for clinical
interviews to determine need for further evaluation or
treatment;
(B) the number of youth referred for further
evaluation or treatment, including such number
disaggregated by type and location of treatment;
(C) the number of youth and their parents or legal
guardians who accept referrals for further evaluation
or treatment; and
(D) the number of youth and their parents or legal
guardians who refuse referrals for further evaluation
or treatment.
(4) Information on treatment based on referrals,
including--
(A) the number of referred youth who accepted a
referral but did not show up for the first evaluation
or treatment appointment;
(B) the number of referred youth who attended 1
appointment;
(C) the number of referred youth who attended 2 to
5 appointments;
(D) the number of referred youth who attended 6 to
10 appointments; and
(E) the number of referred youth who attended more
than 10 appointments.
(5) To the extent practicable, information on suicide
attempts, suicide rates, and access to evidence-based mental
health screening and suicide prevention programs among school-
age youth for the 3 years preceding the commencement of the
project.
(6) Such additional information as the Secretaries
reasonably require.
(f) Information Reporting.--The Secretaries may not make a grant to
an applicant under subsection (a) for a demonstration project unless
the applicant agrees to report information collected under subsection
(e) to the Secretaries as follows:
(1) Information collected under paragraphs (1), (2), (3),
(4), and (6) of subsection (e) shall be reported--
(A) not later than the date that is 2 months after
completion of the 1st year of the project;
(B) not later than the date that is 2 months after
completion of the 2nd year of the project; and
(C) not later than the date that is 2 months after
completion of the 3rd year of the project.
(2) Any information collected under paragraph (5) of
subsection (e) shall be reported not later than the date that
is 6 months after commencement of the demonstration project.
(g) Feasibility of Collecting Information on Preceding Years.--In
making grants under subsection (a), the Secretaries may not
discriminate against an applicant because it will not be practicable,
owing to insufficient funds or otherwise, for the applicant to collect
information under subsection (e)(5).
(h) Advisory Panel.--
(1) Establishment.--Not later than 14 months after making
the first grant under subsection (a), the Secretaries shall
convene an advisory panel.
(2) Duties.--The advisory panel shall--
(A) assist in the review and evaluation of the
information collected and reported pursuant to
subsections (e) and (f), respectively; and
(B) submit recommendations to each of the
Secretaries on the use or improvement of evidence-based
preventive-screening methods to detect mental illness
and suicidal tendencies in school-age youth.
(3) Membership.--The advisory panel shall consist of not
more than 20 members, and the members shall represent the
following:
(A) National or local organizations representing
for-profit and nonprofit mental health care treatment
facilities.
(B) National or local organizations representing
mental health care professionals.
(C) National or local organizations representing
mental health care consumers.
(D) National or local organizations representing
school-based mental health care professionals.
(E) National or local organizations dedicated to
school-based health care.
(F) National or local organizations representing
school administrators.
(G) National or local organizations representing
school boards and school board members.
(H) National or local organizations representing
juvenile justice professionals.
(I) National or local organizations dedicated to
juvenile justice.
(J) National or local organizations representing
foster care professionals.
(K) National or local organizations dedicated to
foster care.
(L) National or local organizations dedicated to
child welfare.
(M) Accredited child and adolescent psychiatric
programs at national medical colleges and universities.
(N) Any other entities or individuals that the
Secretaries deem appropriate.
(i) Report.--Not later than 6 months after the end of the 3-year
grant period for the last grant made under subsection (a), the
Secretaries, in consultation with the Directors and the advisory panel,
shall submit to the Congress a report on the grants made under this
section. Such report shall be based on the information collected and
reported under subsections (e) and (f), respectively, and shall include
the evaluation and recommendations of the advisory panel.
(j) Definitions.--In this section:
(1) Advisory panel.--The term ``advisory panel'' means the
advisory panel convened under subsection (h).
(2) Demonstration facility.--The term ``demonstration
facility'' means a facility that serves at-risk youth or
performs outreach to school-age youth, including any elementary
school, secondary school, school-based health center, juvenile
justice facility, foster care setting, homeless shelter, youth
drop-in center, youth outreach organization, or youth
residential treatment center.
(3) Directors.--The term ``Directors'' means the
Administrator of the Health Resources and Services
Administration, the Administrator of the Substance Abuse and
Mental Health Services Administration, the Director of the
Centers for Disease Control and Prevention, the Director of the
Indian Health Service, and the Director of the National
Institute of Mental Health.
(4) Elementary school; secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given those terms in section 9101 of the Elementary
and Secondary Education Act (20 U.S.C. 7801).
(5) Evidence-based preventive-screening method.--The term
``evidence-based preventive-screening method'' means a
preventive-screening method that has been shown to be valid and
effective through research that is conducted by independent
scientific teams, is determined by well-regarded scientists to
be of high quality, and meets the quality standards for
publication in scientific peer-reviewed journals.
(6) School-age youth.--The term ``school-age youth'' means
an individual who is 6 to 18 years of age, or who is enrolled
in any elementary school or secondary school.
(7) Secretaries.--The term ``Secretaries'' means the
Secretary of Health and Human Services, the Secretary of
Education, and the Attorney General, acting jointly.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretaries to carry out this section $3,000,000
for each of fiscal years 2004 through 2006, and such sums as may be
necessary thereafter, to remain available until expended. | Children's Mental Health Screening and Prevention Act of 2002 - Directs the Secretary of Health and Human Services, the Secretary of Education, and the Attorney General (the "Secretaries"), in consultation with various other officials, to make a grant to one "demonstration facility" in each of ten areas to be selected by the Secretaries to implement screening to detect mental illness and suicidal tendencies in school-age youth. Defines "demonstration facility" as a facility serving at-risk youth or performing outreach to school-age youth.Requires the selected areas to include various areas, including one that has a shortage of mental health professionals and one located in an Indian reservation.Prohibits grants from going to applicants that do not agree to report certain information to the Secretaries, including on: (1) demographics of the youth in the project; (2) the outcomes of the screening; (3) referrals based on outcomes; (4) treatment based on referrals; (5) suicide, including suicide attempts and rates, to the extent practicable. Prohibits the Secretaries from discriminating against an applicant due to the applicant's inability to collect information on suicide.Directs the Secretaries to convene an advisory panel to advise each of the Secretaries regarding the use or improvement of the screening methods to detect mental illness and suicidal tendencies in school-age youth. | {"src": "billsum_train", "title": "To establish a demonstration project to implement evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth at selected facilities."} | 3,309 | 304 | 0.42143 | 1.358893 | 0.616155 | 3.321705 | 12.511628 | 0.879845 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act of 2007''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--An employee who has a domestic partner and the
domestic partner of the employee shall be entitled to benefits
available to, and shall be subject to obligations imposed upon, a
married employee and the spouse of the employee.
(b) Certification of Eligibility.--In order to obtain benefits and
assume obligations under this Act, an employee shall file an affidavit
of eligibility for benefits and obligations with the Office of
Personnel Management identifying the domestic partner of the employee
and certifying that the employee and the domestic partner of the
employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the State in which they reside; and
(7) understand that willful falsification of information
within the affidavit may lead to disciplinary action and the
recovery of the cost of benefits received related to such
falsification and may constitute a criminal violation.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after the
death of the employee or the domestic partner or the date of
dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of the employee at the time of death
shall receive under this Act such benefits as would be received
by the widow or widower of an employee.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
benefits received by the domestic partner as a result
of this Act shall terminate.
(B) Exception.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, the
former domestic partner of the employee shall be
entitled to benefits available to, and shall be subject
to obligations imposed upon, a former spouse.
(d) Stepchildren.--For purposes of affording benefits under this
Act, any natural or adopted child of a domestic partner of an employee
shall be deemed a stepchild of the employee.
(e) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
(f) Regulations and Orders.--
(1) Office of personnel management.--Not later than 6
months after the date of enactment of this Act, the Office of
Personnel Management shall promulgate regulations to implement
section 2 (b) and (c).
(2) Other executive branch regulations.--Not later than 6
months after the date of enactment of this Act, the President
or designees of the President shall promulgate regulations to
implement this Act with respect to benefits and obligations
administered by agencies or other entities of the executive
branch.
(3) Other regulations and orders.--Not later than 6 months
after the date of enactment of this Act, each agency or other
entity or official not within the executive branch that
administers a program providing benefits or imposing
obligations shall promulgate regulations or orders to implement
this Act with respect to the program.
(4) Procedure.--Regulations and orders required under this
subsection shall be promulgated after notice to interested
persons and an opportunity for comment.
(g) Definitions.--In this Act:
(1) Benefits.--The term ``benefits'' means--
(A) health insurance and enhanced dental and vision
benefits, as provided under chapters 89, 89A, and 89B
of title 5, United States Code;
(B) retirement and disability benefits and plans,
as provided under--
(i) chapters 83 and 84 of title 5, United
States Code;
(ii) chapter 8 of the Foreign Service Act
of 1980 (22 U.S.C. 4041 et seq.); and
(iii) the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees
(50 U.S.C. chapter 38);
(C) family, medical, and emergency leave, as
provided under--
(i) subchapters III, IV, and V of chapter
63 of title 5, United States Code;
(ii) the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), insofar as that
Act applies to the Government Accountability
Office and the Library of Congress;
(iii) section 202 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312); and
(iv) section 412 of title 3, United States
Code;
(D) Federal group life insurance, as provided under
chapter 87 of title 5, United States Code;
(E) long-term care insurance, as provided under
chapter 90 of title 5, United States Code;
(F) compensation for work injuries, as provided
under chapter 81 of title 5, United States Code;
(G) benefits for disability, death, or captivity,
as provided under--
(i) sections 5569 and 5570 of title 5,
United States Code;
(ii) section 413 of the Foreign Service Act
of 1980 (22 U.S.C. 3973);
(iii) part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796 et seq.), insofar as that part
applies to any employee; and
(H) travel, transportation, and related payments
and benefits, as provided under--
(i) chapter 57 of title 5, United States
Code;
(ii) chapter 9 of the Foreign Service Act
of 1980 (22 U.S.C. 4081 et seq.); and
(iii) section 1599b of title 10, United
States Code; and
(I) any other benefit similar to a benefit
described under subparagraphs (A) through (H) provided
by or on behalf of the United States to any employee.
(2) Domestic partner.--The term ``domestic partner'' means
an adult unmarried person living with another adult unmarried
person of the same sex in a committed, intimate relationship.
(3) Employee.--The term ``employee''--
(A) means an officer or employee of the United
States or of any department, agency, or other entity of
the United States, including the President of the
United States, the Vice President of the United States,
a Member of Congress, or a Federal judge; and
(B) shall not include a member of the uniformed
services.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities with respect to Federal employment that
would be incurred by a married employee or by the spouse of an
employee.
(5) Uniformed services.--The term ``uniformed services''
has the meaning given under section 2101(3) of title 5, United
States Code.
SEC. 3. EFFECTIVE DATE.
This Act including the amendments made by this Act shall--
(1) with respect to the provision of benefits and
obligations, take effect 6 months after the date of enactment
of this Act; and
(2) apply to any individual who is employed as an employee
on or after the date of enactment of this Act. | Domestic Partnership Benefits and Obligations Act of 2007 - Provides that a federal employee and his or her domestic partner shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married federal employee and his or her spouse.
Defines "domestic partner" to mean an adult unmarried person living with another adult unmarried person of the same sex in a committed, intimate relationship. Defines "benefits" to include federal health insurance and enhanced dental and vision benefits, retirement and disability benefits, family, medical, and emergency leave, group life insurance, long-term care insurance, compensation for work injuries, and benefits for disability, death, or captivity. Excludes members of the uniformed services from the definition of "employee."
Sets forth requirements for filing: (1) an affidavit of eligibility as such a domestic partner, which shall include a certification that the employee and the domestic partner are each other's sole domestic partners and intend to remain so indefinitely; and (2) a statement upon dissolution of such a domestic partnership. | {"src": "billsum_train", "title": "To provide benefits to domestic partners of Federal employees."} | 1,799 | 246 | 0.631218 | 1.814698 | 0.768185 | 4.617647 | 7.965686 | 0.892157 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Maritime
Transportation Security Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents
Sec. 2. Enforcement; pier and wharf security costs.
Sec. 3. Security at foreign ports.
Sec. 4. Federal and State commercial maritime transportation training.
Sec. 5. Transportation worker background investigation programs.
Sec. 6. Report on cruise ship security.
Sec. 7. Maritime transportation security plan grants.
Sec. 8. Report on design of maritime security grant programs.
SEC. 2. ENFORCEMENT; PIER AND WHARF SECURITY COSTS.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended--
(1) by redesignating the second section 70118 (relating to
firearms, arrests, and seizure of property), as added by
section 801(a) of the Coast Guard and Maritime Transportation
Act of 2004, as section 70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the Coast Guard and Maritime Transportation Act of
2004, as section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as section
70123; and
(4) by inserting after section 70120 the following:
``Sec. 70121. Enforcement by injunction or withholding of clearance
``(a) Injunction.--The United States district courts shall have
jurisdiction to restrain violations of this chapter or of regulations
issued hereunder, for cause shown.
``(b) Withholding of Clearance.--
``(1) If any owner, agent, master, officer, or person in
charge of a vessel is liable for a penalty or fine under
section 70119, or if reasonable cause exists to believe that
the owner, agent, master, officer, or person in charge may be
subject to a penalty under section 70119, the Secretary may,
with respect to such vessel, refuse or revoke any clearance
required by section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91).
``(2) Clearance refused or revoked under this subsection
may be granted upon filing of a bond or other surety
satisfactory to the Secretary.
``Sec. 70122. Security of piers and wharfs
``(a) In General.--Notwithstanding any other provision of law, the
Secretary shall require any uncleared, imported merchandise remaining
on the wharf or pier onto which it was unladen for more than 7 calendar
days, not including any time the imported merchandise was held in
federal custody, to be removed from the wharf or pier and deposited in
the public stores or a general order warehouse, where it shall be
inspected for determination of contents, and thereafter a permit for
its delivery may be granted.
``(b) Penalty.--The Secretary may impose an administrative penalty
of $5,000 on the consignee for each bill of lading for general order
merchandise remaining on a wharf or pier in violation of subsection
(a), except that no penalty shall be imposed if the violation was a
result of force majeure.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items following
the item relating to section 70116 and inserting the following:
``70117. In rem liability for civil penalties and certain costs
``70118. Withholding of clearance
``70119. Firearms, arrests, and seizure of property
``70120. Enforcement by State and local officers
``70121. Enforcement by injunction or withholding of clearance
``70122. Security of piers and wharfs
``70123. Civil penalty''.
(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70123''.
(3) Section 70118(a) of such title is amended by striking
``under section 70120,'' and inserting ``under that section,''.
SEC. 3. SECURITY AT FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States Code, is
amended--
(1) by striking ``The Secretary,'' in subsection (b) and
inserting ``The Administrator of the Maritime
Administration,''; and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--The Administrator of the
Maritime Administration, in coordination with the Secretary of State,
shall identify foreign assistance programs that could facilitate
implementation of port security antiterrorism measures in foreign
countries. The Administrator and the Secretary shall establish a
program to utilize those programs that are capable of implementing port
security antiterrorism measures at ports in foreign countries that the
Secretary finds, under section 70108, to lack effective antiterrorism
measures.''.
(b) Report on Security at Ports in the Caribbean Basin.--Not later
than 60 days after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and Committee on Transportation and
Infrastructure of the House of Representatives a report on the security
of ports in the Caribbean Basin. The report shall include the
following:
(1) An assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve such
security.
(2) An estimate of the number of ports in the Caribbean
Basin that will not be secured by July 2004, and an estimate of
the financial impact in the United States of any action taken
pursuant to section 70110 of title 46, United States Code, that
affects trade between such ports and the United States.
(3) An assessment of the additional resources and program
changes that are necessary to maximize security at ports in the
Caribbean Basin.
SEC. 4. FEDERAL AND STATE COMMERCIAL MARITIME TRANSPORTATION TRAINING.
Section 109 of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70101 note) is amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federal and State Commercial Maritime Transportation
Training.--The Secretary of Transportation shall establish a
curriculum, to be incorporated into the curriculum developed under
subsection (a)(1), to educate and instruct Federal and State officials
on commercial maritime and intermodal transportation. The curriculum
shall be designed to familiarize those officials with commercial
maritime transportation in order to facilitate performance of their
commercial maritime and intermodal transportation security
responsibilities. In developing the standards for the curriculum, the
Secretary shall consult with each agency in the Department of Homeland
Security with maritime security responsibilities to determine areas of
educational need. The Secretary shall also coordinate with the Federal
Law Enforcement Training Center in the development of the curriculum
and the provision of training opportunities for Federal and State law
enforcement officials at appropriate law enforcement training
facilities.''.
SEC. 5. TRANSPORTATION WORKER BACKGROUND INVESTIGATION PROGRAMS.
Within 120 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the Secretary
of Transportation, shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure--
(1) making recommendations (including legislative
recommendations, if appropriate or necessary) for harmonizing,
combining, or coordinating requirements, procedures, and
programs for conducting background checks under section 70105
of title 46, United States Code, section 5103a(c) of title 49,
United States Code, section 44936 of title 49, United States
Code, and other provisions of Federal law or regulations
requiring background checks for individuals engaged in
transportation or transportation-related activities;
(2) setting forth a detailed timeline for implementation of
such harmonization, combination, or coordination;
(3) setting forth a plan with a detailed timeline for the
implementation of the Transportation Worker Identification
Credential in seaports;
(4) making recommendations for a waiver and appeals process
for issuing a transportation security card to an individual
found otherwise ineligible for such a card under section
70105(c)(2) and (3) of title 46, United States Code, along with
recommendations on the appropriate level of funding for such a
process; and
(5) making recommendations for how information collected
through the Transportation Worker Identification Credential
program may be shared with port officials, terminal operators,
and other officials responsible for maintaining access control
while also protecting workers' privacy.
SEC. 6. REPORT ON CRUISE SHIP SECURITY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure a report on the security of ships and facilities used in
the cruise line industry.
(b) Content.--The report required by subsection (a) shall include
an assessment of security measures employed by the cruise line
industry, including the following:
(1) An assessment of the security of cruise ships that
originate at ports in foreign countries.
(2) An assessment of the security of ports utilized for
cruise ship docking.
(3) The costs incurred by the cruise line industry to carry
out the measures required by the Maritime Transportation
Security Act of 2002 (Public Law 107-295; 116 Stat. 2064) and
the amendments made by that Act.
(4) The costs of employing canine units and hand-held
explosive detection wands at ports, including the costs of
screening passengers and baggage with such methods.
(5) An assessment of security measures taken by the
Secretary of Homeland Security to increase the security of the
cruise line industry and the costs incurred to carry out such
security measures.
(6) A description of the need for and the feasibility of
deploying explosive detection systems and canine units at ports
used by cruise ships and an assessment of the cost of such
deployment.
(7) A summary of the fees paid by passengers of cruise
ships that are used for inspections and the feasibility of
creating a dedicated passenger vessel security fund from such
fees.
(8) The recommendations of the Secretary, if any, for
measures that should be carried out to improve security of
cruise ships that originate at ports in foreign countries.
(9) The recommendations of the Secretary, if any, on the
deployment of further measures to improve the security of
cruise ships, including explosive detection systems, canine
units, and the use of technology to improve baggage screening,
and an assessment of the cost of implementing such measures.
SEC. 7. MARITIME TRANSPORTATION SECURITY PLAN GRANTS.
Section 70107(a) of title 46, United States Code, is amended to
read as follows:
``(a) In General.--The Under Secretary of Homeland Security for
Border and Transportation Security shall establish a grant program for
making a fair and equitable allocation of funds to implement Area
Maritime Transportation Security Plans and to help fund compliance with
Federal security plans among port authorities, facility operators, and
State and local agencies required to provide security services. Grants
shall be made on the basis of threat-based risk assessments subject to
review and comment by the appropriate Federal Maritime Security
Coordinators and the Maritime Administration. The grant program shall
take into account national security priorities, national economic, and
strategic defense concerns and shall be coordinated with the Director
of the Office of Domestic Preparedness to ensure that the grant process
is consistent with other Department of Homeland Security grant
programs.''.
SEC. 8. REPORT ON DESIGN OF MARITIME SECURITY GRANT PROGRAMS.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the
design of maritime security grant programs that includes
recommendations on--
(1) whether the grant programs should be discretionary or
formula based and why;
(2) requirements for ensuring that Federal funds will not
be substituted for grantee funds;
(3) targeting requirements to ensure that funding is
directed in a manner that reflects a national, risk-based
perspective on priority needs, the fiscal capacity of
recipients to fund the improvements without grant funds, and an
explicit analysis of the impact of minimum funding to small
ports that could affect funding available for the most
strategic or economically important ports; and
(4) matching requirements to ensure that Federal funds
provide an incentive to grantees for the investment of their
own funds in the improvements financed in part by Federal
funds.
Passed the Senate September 21, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Maritime Transportation Security Act of 2004 - (Sec. 2) Amends Federal shipping law to grant U.S. district courts jurisdiction to restrain violations of certain port security requirements. Authorizes the Secretary of Transportation (Secretary) to refuse or revoke port clearance to any owner, agent, master, officer, or person in charge of a vessel that is liable for a penalty or fine for violation of such requirements. Allows any refused or revoked clearance to be granted upon filing of a bond or other surety satisfactory to the Secretary.
Directs the Secretary to require uncleared, unladen imported merchandise remaining on a wharf or pier for more than seven calendar days (not including any time held in Federal custody) to be removed and deposited in a public store or general order warehouse for inspection, after which a delivery permit may be granted. Authorizes the Secretary to impose an administrative penalty of $5,000 on the consignee for each bill of lading for general order merchandise remaining on a wharf or pier in violation of such requirement (except if the violation was a result of force majeure).
(Sec. 3) Shifts from the Secretary to the Administrator of the Maritime Administration responsibility for assessing antiterrorism measures in foreign ports and notifying foreign government authorities of deficiencies and the steps necessary to improve such measures.
Requires the Administrator to identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. Directs the Administrator and the Secretary to establish a program to utilize those programs that are capable of implementing port security antiterrorism measures at ports in foreign countries that the Secretary finds to lack effective antiterrorism measures.
Directs the Secretary of Homeland Security (DHS Secretary) to report to specified congressional committees on the security of ports in the Caribbean Basin.
(Sec. 4) Amends the Maritime Transportation Security Act of 2002 to direct the Secretary to: (1) establish a curriculum to educate and instruct Federal and State officials on commercial maritime and intermodal transportation; and (2) coordinate with the Federal Law Enforcement Training Center in the curriculum development and the provision of training opportunities for Federal and State law enforcement officials at appropriate law enforcement training facilities.
(Sec. 5) Directs the DHS Secretary to report to specified congressional committees on: (1) recommendations to coordinate background checks for all individuals engaged in transportation activities; and (2) a timeline for implementation of the Transportation Worker Identification Credential in seaports.
(Sec. 6) Directs the DHS Secretary to report to specified congressional committees on the security of ships and facilities used in the cruise line industry, including an assessment of certain security measures employed by the industry.
(Sec. 7) Amends Federal shipping law to direct the Under Secretary of Homeland Security for Border and Transportation Security to establish a maritime transportation security plan grant program to implement Area Maritime Transportation Security Plans and help fund compliance with Federal security plans among port authorities, facility operators, and State and local agencies required to provide security devices.
(Sec. 8) Directs the DHS Secretary to report to specified congressional committees on the design of maritime security grant programs. | {"src": "billsum_train", "title": "A bill to amend title 46, United States Code, with respect to maritime transportation security, and for other purposes."} | 2,840 | 679 | 0.514718 | 1.814039 | 0.717486 | 4.422034 | 4.566102 | 0.920339 |
SECTION 1. LONG-TERM CARE TAX CREDIT.
(a) Allowance of Credit.--
(1) In general.--Section 24(a) of the Internal Revenue Code
of 1986 (relating to allowance of child tax credit) is amended
to read as follows:
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of--
``(1) $500 multiplied by the number of qualifying children
of the taxpayer, plus
``(2) $3,000 multiplied by the number of applicable
individuals with respect to whom the taxpayer is an eligible
caregiver for the taxable year.''.
(2) Additional credit for taxpayer with 3 or more separate
credit amounts.--So much of section 24(d) of such Code as
precedes paragraph (1)(A) thereof is amended to read as
follows:
``(d) Additional Credit for Taxpayers With 3 or More Separate
Credit Amounts.--
``(1) In general.--If the sum of the number of qualifying
children of the taxpayer and the number of applicable
individuals with respect to which the taxpayer is an eligible
caregiver is 3 or more for any taxable year, the aggregate
credits allowed under subpart C shall be increased by the
lesser of--''.
(3) Conforming amendments.--
(A) The heading for section 32(n) of such Code is
amended by striking ``Child'' and inserting ``Family
Care''.
(B) The heading for section 24 of such Code is
amended to read as follows:
``SEC. 24. FAMILY CARE CREDIT.''.
(C) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of such Code is amended by
striking the item relating to section 24 and inserting
the following new item:
``Sec. 24. Family care credit.''.
(b) Definitions.--Section 24(c) of the Internal Revenue Code of
1986 (defining qualifying child) is amended to read as follows:
``(c) Definitions.--For purposes of this section--
``(1) Qualifying child.--
``(A) In general.--The term `qualifying child'
means any individual if--
``(i) the taxpayer is allowed a deduction
under section 151 with respect to such
individual for the taxable year,
``(ii) such individual has not attained the
age of 17 as of the close of the calendar year
in which the taxable year of the taxpayer
begins, and
``(iii) such individual bears a
relationship to the taxpayer described in
section 32(c)(3)(B).
``(B) Exception for certain noncitizens.--The term
`qualifying child' shall not include any individual who
would not be a dependent if the first sentence of
section 152(b)(3) were applied without regard to all
that follows `resident of the United States'.
``(2) Applicable individual.--
``(A) In general.--The term `applicable individual'
means, with respect to any taxable year, any individual
who has been certified, before the due date for filing
the return of tax for the taxable year (without
extensions), by a physician (as defined in section
1861(r)(1) of the Social Security Act) as being an
individual with long-term care needs described in
subparagraph (B) for a period--
``(i) which is at least 180 consecutive
days, and
``(ii) a portion of which occurs within the
taxable year.
Such term shall not include any individual otherwise
meeting the requirements of the preceding sentence
unless within the 39\1/2\ month period ending on such
due date (or such other period as the Secretary
prescribes) a physician (as so defined) has certified
that such individual meets such requirements.
``(B) Individuals with long-term care needs.--An
individual is described in this subparagraph if the
individual meets any of the following requirements:
``(i) The individual is at least 6 years of
age and--
``(I) is unable to perform (without
substantial assistance from another
individual) at least 3 activities of
daily living (as defined in section
7702B(c)(2)(B)) due to a loss of
functional capacity, or
``(II) requires substantial
supervision to protect such individual
from threats to health and safety due
to severe cognitive impairment and is
unable to perform at least 1 activity
of daily living (as so defined) or to
the extent provided in regulations
prescribed by the Secretary (in
consultation with the Secretary of
Health and Human Services), is unable
to engage in age appropriate
activities.
``(ii) The individual is at least 2 but not
6 years of age and is unable due to a loss of
functional capacity to perform (without substantial assistance from
another individual) at least 2 of the following activities: eating,
transferring, or mobility.
``(iii) The individual is under 2 years of
age and requires specific durable medical
equipment by reason of a severe health
condition or requires a skilled practitioner
trained to address the individual's condition
to be available if the individual's parents or
guardians are absent.
``(3) Eligible caregiver.--
``(A) In general.--A taxpayer shall be treated as
an eligible caregiver for any taxable year with respect
to the following individuals:
``(i) The taxpayer.
``(ii) The taxpayer's spouse.
``(iii) An individual with respect to whom
the taxpayer is allowed a deduction under
section 151 for the taxable year.
``(iv) An individual who would be described
in clause (iii) for the taxable year if section
151(c)(1)(A) were applied by substituting for
the exemption amount an amount equal to the sum
of the exemption amount, the standard deduction
under section 63(c)(2)(C), and any additional
standard deduction under section 63(c)(3) which
would be applicable to the individual if clause
(iii) applied.
``(v) An individual who would be described
in clause (iii) for the taxable year if--
``(I) the requirements of clause
(iv) are met with respect to the
individual, and
``(II) the requirements of
subparagraph (B) are met with respect
to the individual in lieu of the
support test of section 152(a).
``(B) Residency test.--The requirements of this
subparagraph are met if an individual has as his
principal place of abode the home of the taxpayer and--
``(i) in the case of an individual who is
an ancestor or descendant of the taxpayer or
the taxpayer's spouse, is a member of the
taxpayer's household for over half the taxable
year, or
``(ii) in the case of any other individual,
is a member of the taxpayer's household for the
entire taxable year.
``(C) Special rules where more than 1 eligible
caregiver.--
``(i) In general.--If more than 1
individual is an eligible caregiver with
respect to the same applicable individual for
taxable years ending with or within the same
calendar year, a taxpayer shall be treated as
the eligible caregiver if each such individual
(other than the taxpayer) files a written
declaration (in such form and manner as the
Secretary may prescribe) that such individual
will not claim such applicable individual for
the credit under this section.
``(ii) No agreement.--If each individual
required under clause (i) to file a written
declaration under clause (i) does not do so,
the individual with the highest modified
adjusted gross income (as defined in section
32(c)(5)) shall be treated as the eligible
caregiver.
``(iii) Married individuals filing
separately.--In the case of married individuals
filing separately, the determination under this
subparagraph as to whether the husband or wife
is the eligible caregiver shall be made under
the rules of clause (ii) (whether or not one of
them has filed a written declaration under
clause (i)).''.
(c) Identification Requirements.--
(1) In general.--Section 24(e) of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
sentence: ``No credit shall be allowed under this section to a
taxpayer with respect to any applicable individual unless the
taxpayer includes the name and taxpayer identification number
of such individual, and the identification number of the
physician certifying such individual, on the return of tax for
the taxable year.''.
(2) Assessment.--Section 6213(g)(2)(I) of such Code is
amended--
(A) by inserting ``or physician identification''
after ``correct TIN'', and
(B) by striking ``child'' and inserting ``family
care''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Amends the Internal Revenue Code to revise and rename section 24 (Child Tax Credit) as the Family Care Credit. Includes, in addition to the $500 per child credit, a $3,000 credit per qualifying individual requiring specified long-term care. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow a tax credit for long-term care givers."} | 2,025 | 58 | 0.622707 | 1.353981 | 0.663957 | 2.083333 | 38.625 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Opportunity Tax Credit
Permanence and Consolidation Act of 2012''.
SEC. 2. EXTENSION AND MODIFICATION OF AMERICAN OPPORTUNITY TAX CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 25A. AMERICAN OPPORTUNITY TAX CREDIT.
``(a) Allowance of Credit.--In the case of an individual who is an
eligible student for any taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year
the amount determined under subsection (b) with respect to such
individual.
``(b) Amount of Credit.--
``(1) Student enrolled at least \1/2\ time.--In the case of
an eligible student who is carrying at least \1/2\ the normal
full-time workload for the course of study the student is
pursuing, the amount determined under this subsection with
respect to such individual is the sum of--
``(A) 100 percent of so much of the qualified
tuition and related expenses paid by the taxpayer
during the taxable year (for education furnished to the
eligible student during any academic period beginning
in such taxable year) as does not exceed $2,000, plus
``(B) 25 percent of such expenses so paid as
exceeds $2,000 but does not exceed $6,000.
``(2) Other students.--In the case of an eligible student
not described in paragraph (1), the amount determined under
this subsection with respect to such individual is 30 percent
of so much of the qualified tuition and related expenses paid
by the taxpayer during the taxable year (for education
furnished to the eligible student during any academic period
beginning in such taxable year) as does not exceed $10,000.
``(c) Dollar Limitations.--
``(1) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under this
section for the taxable year shall be reduced (but not
below zero) by the amount determined under paragraph
(2).
``(B) Amount of reduction.--The amount determined
under this paragraph is the amount which bears the same
ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $80,000 ($160,000 in the
case of a joint return), bears to
``(ii) $20,000 ($40,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year increased by any amount excluded
from gross income under section 911, 931, or 933.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under this section shall not exceed the excess
of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this subsection and sections 23,
25D, and 30D) and section 27 for the taxable year.
``(d) Other Limitations and Special Rules.--For purposes of this
section:
``(1) Lifetime dollar limitation.--In the case of qualified
tuition and related expenses with respect to any individual,
the aggregate amount of the credits claimed under this section
for all taxable years shall not exceed $15,000, determined
without regard to whether--
``(A) such credits are claimed on the return of tax
filed by the individual or by another taxpayer, or
``(B) such expenses are treated as paid by the
individual or by another taxpayer.
``(2) Reporting.--No credit shall be allowed under this
section to a taxpayer with respect to the qualified tuition and
related expenses of an eligible student unless the taxpayer
includes the name and taxpayer identification number of such
eligible student on the return of tax for the taxable year.
``(3) Adjustment for certain scholarships, etc.--
``(A) In general.--The amount of qualified tuition
and related expenses otherwise taken into account under
this section with respect to an individual for an
academic period shall be reduced (before the
application of subsections (b) and (c)) by the sum of
any amounts paid for the benefit of such individual
which are allocable to such period as--
``(i) a qualified scholarship which is
excludable from gross income under section 117,
``(ii) an educational assistance allowance
under chapter 30, 31, 32, 34, or 35 of title
38, United States Code, or under chapter 1606
of title 10, United States Code, and
``(iii) a payment (other than a gift,
bequest, devise, or inheritance within the
meaning of section 102(a)) for such
individual's educational expenses, or
attributable to such individual's enrollment at
an eligible educational institution, which is
excludable from gross income under any law of
the United States.
``(B) Coordination with pell grants not used for
qualified tuition and related expenses.--Any amount
determined with respect to an individual under
subparagraph (A) which is attributable to a Federal
Pell Grant under section 401 of the Higher Education
Act of 1965 shall be reduced (but not below zero) by
the amount of the expenses (other than qualified
tuition and related expenses) which are taken into
account in determining the cost of attendance (as
defined in section 472 of the Higher Education Act of
1965, as in effect on the date of the enactment of the
American Opportunity Tax Credit Permanence and
Consolidation Act of 2012) of such individual at an
eligible educational institution for the academic
period for which the credit under this section is being
determined.
``(4) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under this section
to such individual for such individual's taxable year,
and
``(B) qualified tuition and related expenses paid
by such individual during such individual's taxable
year shall be treated for purposes of this section as
paid by such other taxpayer.
``(5) Treatment of certain prepayments.--If qualified
tuition and related expenses are paid by the taxpayer during a
taxable year for an academic period which begins during the
first 3 months following such taxable year, such academic
period shall be treated for purposes of this section as
beginning during such taxable year.
``(6) Denial of double benefit.--No credit shall be allowed
under this section for any expense for which a deduction is
allowed under any other provision of this chapter.
``(7) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(8) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(e) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the qualified tuition and
related expenses of an individual for any taxable year.
``(f) Definitions.--For purposes of this section:
``(1) Eligible student.--The term `eligible student' means,
with respect to any taxable year, an individual who--
``(A) is enrolled for at least one academic period
which begins during such taxable year at an eligible
educational institution, and
``(B) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965, as in effect on
the date of the enactment of the American Opportunity
Tax Credit Permanence and Consolidation Act of 2012.
``(2) Qualified tuition and related expenses.--
``(A) In general.--The term `qualified tuition and
related expenses' means tuition, fees, and course
materials required for the enrollment or attendance
of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
at an eligible educational institution for courses of
instruction of such individual at such institution.
``(B) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies, unless such course or other
education is part of the individual's degree program.
``(C) Exception for nonacademic fees.--Such term
does not include student activity fees, athletic fees,
insurance expenses, or other expenses unrelated to an
individual's academic course of instruction.
``(D) Computer technology and equipment.--Such term
includes expenses for the purchase of computer
technology or equipment (as defined in section
170(e)(6)(F)(i)), or Internet access and related
services, only to the extent the purchase of such
technology, equipment, or services is specifically
required by the individual's academic course of
instruction or degree program.
``(3) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965, as in effect on the date
of the enactment of the American Opportunity Tax Credit
Permanence and Consolidation Act of 2012, and
``(B) which is eligible to participate in a program
under title IV of such Act.
``(g) Portion of Credit Refundable.--Forty percent of the credit
allowed under this section (determined after application of subsections
(c)(1) and (d) and without regard to this subsection and section
26(a)(2) or subsection (c)(2), as the case may be) shall be treated as
a credit allowable under subpart C (and not allowed under this
section). The preceding sentence shall not apply to any taxpayer for
any taxable year if such taxpayer is a child to whom subsection (g) of
section 1 applies for such taxable year.
``(h) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any amount which was taken into account in determining the amount of
such credit.''.
(b) Clerical Amendment.--The item relating to section 25A in the
table of sections for subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended to read as follows:
``Sec. 25A. American Opportunity Tax Credit.''.
(c) Conforming Amendments.--
(1) Subparagraph (B) of section 24(b)(3) of the Internal
Revenue Code of 1986 is amended by striking ``25A(i)'' and
inserting ``25A''.
(2) Clause (ii) of section 25(e)(1)(C) of such Code is
amended by striking ``25A(i)'' and inserting ``25A''.
(3) Paragraph (2) of section 25B(g) of such Code is amended
by striking ``25A(i)'' and inserting ``25A''.
(4) Paragraph (1) of section 26(a) of such Code is amended
by striking ``25A(i)'' and inserting ``25A''.
(5) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''.
(6) Paragraph (2) of section 221(d) of such Code is
amended--
(A) by striking ``25A(g)(2)'' in subparagraph (B)
and inserting ``25A(d)(3)'', and
(B) by striking ``25A(f)(2)'' and inserting
``25A(f)(3)''.
(7) Paragraph (3) of section 221(d) of such Code is amended
by striking ``25A(b)(3)'' and inserting ``25A(f)(1) (but only
with respect to a student who is carrying at least \1/2\ the
normal full-time workload for the course of study the student
is pursuing)''.
(8) Paragraph (1) of section 222(d) of such Code is
amended--
(A) by striking ``25A(f)'' and inserting
``25A(f)(2)'', and
(B) by striking ``25A(g)(2)'' and inserting
``25A(d)(3)''.
(9) Clause (v) of section 529(c)(3)(B) of such Code is
amended--
(A) by striking ``25A(g)(2)'' in subclause (I) and
inserting ``25A(d)(3)'', and
(B) by striking ``Hope and lifetime learning
credits'' in the heading and inserting ``American
opportunity credit''.
(10) Clause (i) of section 529(e)(3)(B) of such Code is
amended by striking ``25A(b)(3)'' and inserting ``25A(f)(1)
(but only with respect to a student who is carrying at least
\1/2\ the normal full-time workload for the course of study the
student is pursuing)''.
(11) Subparagraph (C) of section 530(d)(2) of such Code is
amended--
(A) by striking ``25A(g)(2)'' in clause (i)(I) and
inserting ``25A(d)(3)'', and
(B) by striking ``Hope and lifetime learning
credits'' in the heading and inserting ``American
opportunity credit''.
(12) Clause (iii) of section 530(d)(4)(B) of such Code is
amended by striking ``25A(g)(2)'' and inserting ``25A(d)(3)''.
(13) Subsection (i) of section 904 of such Code is amended
by striking ``25A(i)'' and inserting ``25A''.
(14) Paragraph (2) of section 1400C(d) of such Code is
amended by striking ``25A(i)'' and inserting ``25A''.
(15) Section 1400O of such Code is amended--
(A) by striking ``25A(f)(2)'' and inserting
``25A(f)(3)'',
(B) by inserting ``(as in effect on the date of the
enactment of this section)'' after ``25A(b)(1)'' in
paragraph (2), and
(C) by inserting ``(as in effect on the date of the
enactment of this section)'' after ``25A(c)(1)'' in
paragraph (3).
(16) Subsection (e) of section 6050S of such Code is
amended by striking ``subsection (g)(2)'' and inserting
``subsection (d)(3)''.
(17) Subparagraph (A) of section 6211(b)(4) of such Code is
amended by striking ``subsection (i)(6)'' and inserting
``subsection (g)''.
(18) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``25A(g)(1)'' and inserting ``25A(d)(2)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 3. EXPANSION OF PELL GRANT EXCLUSION FROM GROSS INCOME.
(a) In General.--Paragraph (1) of section 117(b) of the Internal
Revenue Code of 1986 is amended by striking ``received by an
individual'' and all that follows and inserting ``received by an
individual--
``(1) as a scholarship or fellowship grant to the extent
the individual establishes that, in accordance with the
conditions of the grant, such amount was used for qualified
tuition and related expenses, or
``(2) as a Federal Pell Grant under section 401 of the
Higher Education Act of 1965 (as in effect on the date of the
enactment of the American Opportunity Tax Credit Permanence and
Consolidation Act of 2012).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2011. | American Opportunity Tax Credit Permanence and Consolidation Act of 2012 - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a new American Opportunity Tax Credit that: (1) allows an income tax credit of up to $3,000 of the qualified tuition and related expenses of a student who is carrying at least one half of a normal course load, (2) increases the income threshold for reductions in the credit amount based upon modified adjusted gross income, (3) allows a lifetime dollar limitation on such credit of $15,000 for all taxable years, and (4) makes 40% of the credit refundable. Allows an exclusion from gross income of any amount received as a Federal Pell Grant. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend and modify the American Opportunity Tax Credit, and for other purposes."} | 3,902 | 151 | 0.551546 | 1.505383 | 0.634009 | 2.652174 | 24.992754 | 0.869565 |
SECTION 1. ELIMINATION OF REMAINDER OF SCHIP FUNDING SHORTFALLS FOR
FISCAL YEAR 2007.
(a) In General.--Section 2104(h) of the Social Security Act (42
U.S.C. 1397dd(h)), as added by section 201(a) of the National
Institutes of Health Reform Act of 2006, is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (3), the following:
``(4) Additional amounts to eliminate remainder of fiscal
year 2007 funding shortfalls.--
``(A) Allotment authority.--From the amounts made
available under subparagraph (D) for additional
allotments under this paragraph, subject to
subparagraph (C), the Secretary shall allot to each
remaining shortfall State described in subparagraph (B)
such amount as the Secretary determines will eliminate
the estimated shortfall described in such subparagraph
for the State for fiscal year 2007.
``(B) Remaining shortfall state described.--For
purposes of subparagraph (A), a remaining shortfall
State 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 March 31, 2007, that
the projected Federal expenditures under such plan for
the State for fiscal year 2007 will exceed the sum of--
``(i) the amount of the State's allotments
for each of fiscal years 2005 and 2006 that
will not be expended by the end of fiscal year
2006;
``(ii) the amount of the State's allotment
for fiscal year 2007; and
``(iii) the amounts, if any, that are to be
redistributed to the State during fiscal year
2007 in accordance with paragraphs (1) and (2).
``(C) Proration rule.--If the amount available
under subparagraph (D) is less than the total amount of
the estimated shortfalls determined by the Secretary
under subparagraph (A), the amount of the allotment for
each remaining shortfall State determined under such
subparagraph shall be reduced proportionally.
``(D) Appropriation; allotment authority.--For the
purpose of providing additional allotments to remaining
shortfall States under this paragraph there is
appropriated, out of any funds in the Treasury not
otherwise appropriated, such sums as are necessary for
fiscal year 2007, not to exceed $750,000,000. Amounts
appropriated pursuant to the preceding sentence are
designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress).''.
(b) Conforming Amendments.--Such section is further amended--
(1) in paragraph (1)(B), by striking ``paragraph (4)(B)''
and inserting ``paragraph (5)(B)'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking
``remainder of reduction'' and inserting ``part'';
(B) in subparagraph (A), by striking ``paragraph
(5)(B)'' and inserting ``paragraph (6)(B)''; and
(C) in subparagraph (B), by striking ``paragraph
(4)(B)'' and inserting ``paragraph (5)(B)'';
(3) in paragraph (5) (as redesignated by subsection
(a)(1))--
(A) in subparagraph (A), by inserting ``or
allotted'' after ``redistributed''; and
(B) in subparagraph (B)--
(i) by inserting ``or allotted'' after
``redistributed'';
(ii) by striking ``To the'' and inserting
the following:
``(i) In general.--Subject to clause (ii),
to the''; and
(iii) by adding at the end the following
new clause:
``(ii) Exception for remaining shortfall
states with lowest third ranking of uninsured
children.--Only with respect to the amounts
allotted under paragraph (4) to a remaining
shortfall State described in subparagraph (B)
of such paragraph, clause (i) shall not apply
to any such State that, on the basis of the
most recent American Community Survey of the
Bureau of the Census (or, until such data is
available, on the basis of the 3 most recent
Annual Social and Economic Supplements of the
Current Population Survey of the Bureau of the
Census), ranks in the lowest \1/3\ of States in
terms of the State's percentage of low-income
children without health insurance.'';
(4) in subparagraph (6)(A) (as so redesignated), by
striking ``and (3)'' and inserting ``(3), and (4)''; and
(5) in paragraph (7) (as so redesignated)--
(A) in the first sentence--
(i) by inserting ``or allotted'' after
``redistributed''; and
(ii) by inserting ``or allotments'' after
``redistributions''; and
(B) in the second sentence, by striking ``and (3),
in accordance with paragraph (5)'' and inserting ``(3),
and (4) in accordance with paragraph (6)''.
SEC. 2. EXTENSION OF SSI ASSET VERIFICATION DEMONSTRATION TO MEDICAID.
(a) In General.--Subject to subsection (b), the Secretary of Health
and Human Services shall collaborate with the Commissioner of Social
Security to provide for the use, for purposes of verifying financial
eligibility for medical assistance under State plans under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), of the system
administered by the Commissioner (under section 1631(e)(1)(B)(ii) of
such Act (42 U.S.C. 1383(e)(1)(B)(ii)) under which the Commissioner may
obtain information held by financial institutions in order to verify
eligibility for benefits under title XVI of such Act (42 U.S.C. 1381 et
seq.).
(b) Limitation.--For purposes of this section, use of the system
described in subsection (a), and the information obtained through such
system, shall be limited to determinations of eligibility for medical
assistance in States in which such system is being used by the
Commissioner to verify eligibility for benefits under such title XVI.
(c) Sharing by Commissioner of Information Obtained From Financial
Institutions.--Notwithstanding the Right to Financial Privacy Act of
1978 (12 U.S.C. 3401 et seq.) or any other provision of law,
information obtained by the Commissioner from financial institutions
under the system described in subsection (a) may, for purposes of
carrying out this section, be shared with the agencies of States
specified in subsection (b) which are administering the plans of such
States under title XIX of the Social Security Act. | Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to provide additional amounts to eliminate the remainder of SCHIP funding shortfalls for FY2007.
Directs the Secretary of Health and Human Services, in order to verify SSA title XIX (Medicaid) financial eligibility, to collaborate with the Commissioner of Social Security for use of the system for obtaining financial institution information to verify eligibility for SSA title XVI (Supplemental Security Income) (SSI) benefits. | {"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to eliminate the remainder of funding shortfalls for the State Children's Health Insurance Program (SCHIP) for fiscal year 2007, and for other purposes."} | 1,603 | 121 | 0.444103 | 1.189718 | 0.508542 | 2.829787 | 14.670213 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety for Americans from Nuclear
Weapons Testing Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From 1951 until 1992, the United States conducted over
900 nuclear weapons tests at the Nevada Test Site.
(2) Of those tests, 100 exploded above ground and
approximately one-fourth of those were bigger than the bomb
dropped on Hiroshima, Japan.
(3) The remaining 804 tests were detonated underground, yet
many of these tests also released significant amounts of
radioactive fallout into the atmosphere. The Shot Baneberry,
detonated in 1970, was buried 900 feet below ground but
radioactive debris erupted 10,000 feet into the air.
(4) Public health researchers studied the implications of
radiation fallout and weapons testing in 1961 and discovered
significant negative health effects.
(5) These research findings were not released until 1979.
In the meantime, American citizens were never warned about the
likelihood of contamination in areas downwind of the blasts nor
were they alerted to adverse health effects associated with
radiation exposure.
(6) During the 1980s, public pressure forced the Federal
Government to address surprisingly high rates of cancer and
other illnesses among people exposed to radioactive fallout,
commonly known as ``downwinders,'' which led to the passage of
the Radiation Exposure Compensation Act in 1990.
(7) To date, only one comprehensive radiation exposure
study of an isotope, iodine-131, has been conducted and
released. Iodine-131 is only one of more than 150 radionuclides
released by the tests to which the American people were
exposed.
(8) This same radioactive fallout study, conducted by the
National Cancer Institute, shows that exposure was not limited
to residents of Nevada and Utah. Extensive radiation exposure
has been documented in all of the contiguous 48 States, with
some counties in the Midwest and the eastern United States
receiving more fallout than some areas directly downwind of the
Nevada Test Site.
(9) The United States has engaged in a moratorium on
nuclear weapons testing since 1992. However, the United States
might in the future decide to resume nuclear weapons testing.
(10) Before any resumption of nuclear weapons testing, the
American public deserves much greater accountability from the
Federal Government with respect to the health and safety
aspects of nuclear weapons testing.
(11) Therefore, the Federal Government must ensure public
safety in the event of future nuclear weapons tests through a
thorough analysis of the environmental effects of testing,
public notification, comprehensive and independent test
monitoring, and extensive health research efforts.
SEC. 3. TREATMENT UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 OF
ACTIONS RELATING TO NUCLEAR WEAPONS TESTS.
(a) In General.--Each of the actions described in subsection (b) by
a Federal agency is deemed to be a major Federal action significantly
affecting the quality of the human environment for which a separate
detailed environmental impact statement is required under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Actions Described.--The actions referred to in subsection (a)
are the following:
(1) Any action having as a purpose the resumption of
nuclear weapon or nuclear explosive device tests at the Nevada
Test Site.
(2) Use of a location other than the Nevada Test Site for
testing of a nuclear weapon or nuclear explosive device.
(c) Included Information.--
(1) In general.--The head of a Federal agency shall include
in the environmental impact statement prepared for an action
described in subsection (b) a detailed description of--
(A) the possibility of radiation containment
failure as a result of the action and the effects of
such containment failure; and
(B) possible long term effects on the water table
from underground radiation leakage resulting from the
action.
(2) Information for categories of weapons.--In the case of
an action described in subsection (b) that is expected to
result in the testing of more than one nuclear weapon or
nuclear explosive device, the description required under
paragraph (1) shall be included, separately, with respect to
each of the following 3 classes of weapons and devices that
might be the subject of such tests:
(A) Weapons and devices having a yield of less than
15 kilotons.
(B) Weapons and devices having a yield of not less
than 15 kilotons and not greater than 50 kilotons.
(C) Weapons and devices having a yield greater than
50 kilotons.
(d) Availability of Statements.--The head of a Federal agency that
carries out an action described in subsection (b)--
(1) shall make publicly available the detailed statement
required for the action under section 102(2)(C) of the National
Environmental Policy Act of 1969, notwithstanding the existence
of a classified annex for the statement; and
(2) shall submit to the Congress each classified annex to
such a statement.
(e) Existing Statements not Sufficient.--Any statement prepared
before the date of the enactment of this Act shall not be treated as
the statement required by section 102(2)(C) of the National
Environmental Policy Act of 1969 with respect to an action described in
subsection (b).
SEC. 4. CONGRESSIONAL AUTHORIZATION REQUIRED FOR RESUMPTION OF NUCLEAR
WEAPONS TESTING.
The United States may not resume testing of nuclear weapons or any
other nuclear explosive devices unless authorized by a law enacted
after the date of the enactment of this Act.
SEC. 5. PUBLIC NOTICE REQUIREMENTS.
(a) Advance Public Notice of Each Test.--
(1) In general.--The United States may not carry out a test
of a nuclear weapon or any other nuclear explosive device
unless, for each such test, the President first provides, not
less than 7 days before the date of the test, public notice of
each of the following:
(A) The fact that such a test is to be carried out.
(B) The date and approximate time of the test.
(C) The location of the test, including specific
longitude and latitude.
(2) Revisions.--To the extent any information provided
pursuant to paragraph (1) changes, the President shall promptly
provide public notice of the changes and of any other
information necessary to comply with paragraph (1).
(b) Prompt Notice of Each Release of Radiation Beyond NTS.--
Whenever a test of a nuclear weapon by the United States results in a
release of radiation beyond the boundaries of the Nevada Test Site, the
President shall promptly provide public notice of each of the
following:
(1) The actual date, time, and location of the test.
(2) The fact that such a test has resulted in such a
release.
(3) The nature and extent of the release.
(c) Rule of Construction.--The requirements of subsections (a) and
(b) shall apply notwithstanding any provision of law that would
otherwise require or permit the information to not be made public.
SEC. 6. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING.
(a) Grants Authorized.--From amounts made available to carry out
this section, the Secretary of Homeland Security, acting through the
Office for Domestic Preparedness, shall carry out a program under which
the Secretary makes grants to institutions of higher education for use
by those institutions only to acquire radiation detection equipment and
sensors and, for a period of 10 years thereafter, to maintain and
operate such equipment and sensors.
(b) Preference.--In making grants under this section, the Secretary
shall give preference to institutions in those States that received
high levels of fallout from nuclear weapons tests, as determined by
data collected by the National Cancer Institute.
(c) Conditions.--As a condition of receiving a grant, the
institution shall, whenever the United States carries out a test of a
nuclear weapon or other nuclear explosive device during the period
referred to in subsection (a)--
(1) use the equipment and sensors to carry out monitoring
to determine the nature and amount of any radiation from the
test that reaches such sensors; and
(2) ensure that all information on radiation obtained
through monitoring under paragraph (1) is made available to the
public.
SEC. 7. MONITORING OF RELEASES OF RADIATION INTO THE ATMOSPHERE.
(a) Monitoring by DOE and EPA.--Whenever the United States carries
out a test of a nuclear weapon or other nuclear explosive device,
monitoring to determine the nature and extent of any radiation released
into the atmosphere shall be carried out by--
(1) the Secretary of Energy, using--
(A) all available monitoring systems of the
Department of Energy located on or off the test site;
and
(B) any other complementary monitoring system
located off the test site that is made available to the
Secretary by the head of any other element of the
Federal Government; and
(2) the Administrator of the Environmental Protection
Agency, using one or more monitoring systems and in
consultation with the head of any other element of the Federal
Government with a monitoring system located off the test site.
(b) DOE Assessment of Containment.--For each test, the Secretary of
Energy shall assess and evaluate the containment of the test, both
before and after the test.
(c) EPA Monitoring.--
(1) In general.--The monitoring under subsection (a)(2) by
the Administrator of the Environmental Protection Agency shall
use a combination of temporary ground sensors, permanent ground
sensors, and airborne sensors.
(2) Real-time monitoring required.--Any sensors required by
paragraph (1) that operate by gathering air particulates shall
have real-time monitoring capabilities.
(3) Placement.--The Administrator of the Environmental
Protection Agency shall determine the locations for the sensors
required by paragraph (1) in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration, the head of any other element of the Federal
Government with a suitable monitoring system located off the
test site, and the head of any other element of the Federal
Government that the Administrator of the Environmental
Protection Agency considers appropriate. The determinations
shall be based on proximity to major agricultural zones,
population centers, public water resources, and areas with high
levels of fallout from previous tests.
(d) Public Notice of Monitoring Data.--The Secretary and the
Administrator of the Environmental Protection Agency each shall ensure
that all information on radiation obtained through monitoring under
subsection (a) is made available to the public on the Internet as soon
as available, and in any event not more than 24 hours after such
information is collected.
(e) Finding of Release.--If, in monitoring any such test, the head
of any element of the Federal Government determines that a release of
radiation beyond the boundaries of the NTS has occurred--
(1) the Administrator of the Environmental Protection
Agency shall immediately submit a report to Congress providing
notice of that determination;
(2) the United States shall stop all testing of all nuclear
weapons or other nuclear explosive devices, except as otherwise
provided in an Act enacted after the date of the test; and
(3) the Attorney General shall carry out a program,
substantially similar to the program under section 4 of the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note),
under which compensation is provided to individuals adversely
affected by that release of radiation.
SEC. 8. ESTABLISHMENT OF THE CENTER FOR THE STUDY OF RADIATION AND
HUMAN HEALTH.
(a) Establishment.--From amounts made available to carry out this
section, the Director of the National Institutes of Health shall make a
grant to a university or a consortium of universities located in the
intermountain west region of the United States to establish, maintain,
and operate a center described in subsection (b), to be known as the
National Center for the Study of Radiation and Human Health.
(b) Activities.--The activities of the National Center for the
Study of Radiation and Human Health shall include the following:
(1) Awarding grants to institutions of higher education for
research on the relationship between radiation and human
health, including any health effects or illness related to
exposure to particular radioactive isotopes.
(2) Studying the relationship between radiation and human
health, including fallout data collection.
(3) Coordinating efforts relating to research on radiation
and human health.
(4) Collecting, maintaining, and making available to the
public by means of the Internet an archive of fallout data and
human health effects data.
(c) Report.--The National Center for the Study of Radiation and
Human Health shall submit to Congress, and make available to the
public, an annual report on the activities of the Center.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 9. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR WEAPONS TESTS.
Not later than 3 years after the date of the enactment of this Act,
the Secretary of Health and Human Services, acting through the Director
of the National Cancer Institute, shall--
(1) complete a study to estimate the dose of all
radionuclides received by the United States population as a
result of exposure to nuclear weapons tests conducted in the
United States;
(2) disaggregate the results of such study by organ, by
radionuclide, and by demographic variables;
(3) submit a report to Congress on the results of such
study; and
(4) make such results publicly available. | Safety for Americans from Nuclear Weapons Testing Act - Deems each of the following actions undertaken by a Federal agency to be a major Federal action significantly affecting the quality of the human environment for which a detailed environmental impact statement is required in conformance with the National Environmental Policy Act of 1969: (1) any action having as a purpose the resumption of nuclear weapon or nuclear explosive device tests at the Nevada Test Site; or (2) use of any other location for such testing. Outlines information required to be included in such statement, including: (1) the possibility of radiation containment failure and the effects of such failure; (2) possible long-term effects on the water table from underground radiation leakage; and (3) information with respect to certain kiloton categories of weapons.
Prohibits the United States from resuming any such testing unless authorized by a law enacted after the enactment of this Act.
Requires: (1) advance public notice of each test; and (2) prompt notice of each release of radiation beyond the boundaries of the Nevada Test Site.
Directs the Secretary of Homeland Security to make grants to institutions of higher education to acquire and operate for ten years radiation detection equipment and sensors.
Directs the Secretary of Energy, through the Department of Energy (DOE) and Environmental Protection Agency, to monitor the nature and extent of any radiation released into the atmosphere as a result of such testing. Requires: (1) DOE radiation containment assessment; and (2) public notice of monitoring data.
Requires the: (1) Director of the National Institutes of Health to make a grant to establish the National Center for the Study of Radiation and Human Health; and (2) Secretary of Health and Human Services to conduct a study of individuals exposed to nuclear weapons tests. | {"src": "billsum_train", "title": "To protect public health and safety, should the testing of nuclear weapons by the United States be resumed."} | 2,942 | 376 | 0.544103 | 1.859806 | 0.705587 | 4.444126 | 7.868195 | 0.954155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Fab Lab Network Act of
2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Scientific discoveries and technical innovations are
critical to the economic and national security of the United
States.
(2) Maintaining the leadership of the United States in
science, technology, engineering, and mathematics will require
a diverse population with the skills, interest, and access to
tools required to advance these fields.
(3) Just as earlier digital revolutions in communications
and computation provided individuals with the Internet and
personal computers, a digital revolution in fabrication will
allow anyone to make almost anything, anywhere.
(4) These creations include communications devices, solar
powered housing, consumer products, and new kinds of machines
and tools for advanced manufacturing.
(5) The Center for Bits and Atoms of the Massachusetts
Institute of Technology (CBA) has contributed significantly to
the advancement of these goals through its work in creating and
advancing digital fabrication facilities, or ``fab labs'' in
the United States and abroad.
(6) MakerSpaces, TechShops, and other creative platforms
also facilitate access to digital fabrication capabilities.
(7) CBA's fab labs provide a model for a new kind of
national laboratory that links local facilities for advanced
manufacturing to expand access and empower communities.
(8) A coordinated national public-private partnership will
be the most effective way to accelerate the provision of this
infrastructure for learning skills, developing inventions,
creating businesses, and producing personalized products.
SEC. 3. FEDERAL CHARTER FOR NATIONAL FAB LAB NETWORK.
Title 36, United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 3011--NATIONAL FAB LAB NETWORK
``Sec. 301101. Organization
``(a) Federal Charter.--The Fab Foundation is hereby granted a
Federal charter as the National Fab Lab Network (in this chapter
referred to as the `NFLN'). Except as otherwise provided, the NFLN
shall have perpetual succession.
``(b) Definition of Fab Lab.--In this chapter, the term `fab lab'
refers to a facility that is--
``(1) equipped with a standard integrated suite of
fabrication tools that can convert digital designs into
functional physical things;
``(2) equipped with scanning tools to convert physical
things into digital designs; and
``(3) made freely accessible to the general public,
allowing for necessary fees.
``Sec. 301102. Purposes and goals
``The purposes and goals of the NFLN are--
``(1) to create a national network of connected local fab
labs to empower individuals and communities in the United
States;
``(2) to foster the use of distributed digital fabrication
tools to promote science, technology, engineering and math
skills, increase invention and innovation, create businesses
and jobs, and fulfill personal, professional, and community
needs;
``(3) to serve as a resource to assist stakeholders with
the effective operation of fab labs;
``(4) to provide a platform for education, research, and
for catalyzing new methods in STEM education;
``(5) to create new ways of educating the workforce that
will enable workers to compete in a 21st Century global
marketplace; and
``(6) to seek to establish at least one fab lab per every
700,000 individuals in the United States in the first ten years
of its operation, corresponding to availability in all 435
Congressional districts and to provide guidelines for their
sustainable operation.
``Sec. 301103. Membership and organization
``Except as provided in this Act, eligibility for membership in the
NFLN and the rights and privileges of members are as provided in the
constitution and bylaws of the NFLN.
``Sec. 301104. Governing body
``Directors, officers, and other staff of the NFLN, and their
powers and duties are as provided in the bylaws of the NFLN.
``Sec. 301105. Powers
``The NFLN may--
``(1) coordinate the creation of a national network of
local fab labs in the United States;
``(2) issue guidelines for the sustainable operation of fab
labs;
``(3) serve as a resource for organizations and communities
seeking to create fab labs by providing information, assessing
suitability, advising on the lab lifecycle, and maintaining
descriptions of prospective and operating sites;
``(4) accept funds from private individuals, corporations,
government agencies, or other organizations;
``(5) distribute funds to other non-profit organizations to
establish and operate fab labs as members of the NFLN;
``(6) facilitate communication between other non-profit
organizations seeking to join the NFLN with operational
entities that can source and install fab labs, provide
training, assist with operations, account for spending, and
assess impact;
``(7) communicate the benefits available through membership
in the NFLN to communities and the public;
``(8) facilitate and participate in synergistic programs,
including workforce training, job creation, research broader
impacts, and the production of civic infrastructure;
``(9) amend a constitution and bylaws for the management of
its property and the regulation of its affairs;
``(10) choose directors, officers, trustees, managers,
employees, and agents as the activities of the NFLN require;
``(11) make contracts;
``(12) acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
``(13) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
``(14) charge and collect membership dues and subscription
fees; and
``(15) sue and be sued.
``Sec. 301106. Restrictions
``(a) Stock and Dividends.--The corporation may not issue
securities of any kind or declare or pay a dividend.
``(b) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member during the life of the charter granted
by this Act. This paragraph does not prevent the payment of reasonable
compensation to an officer or reimbursement for actual necessary
expenses in amounts approved by the board of directors.
``(c) Loans.--The corporation may not make a loan to a director,
officer, or employee.
``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.
``Sec. 301107. Records
``The NFLN 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.
``Sec. 301108. Duty to maintain tax exempt status
``The NFLN shall exist as a nonprofit entity under Section
501(c)(3) of the Internal Revenue Code of 1986.
``Sec. 301109. Inspections
``A member entitled to vote, or an agent or attorney of the member,
may inspect the records of the corporation for any proper purpose, at
any reasonable time.
``Sec. 301110. Liability for acts of officers and agents
``The NFLN is liable for the acts of its officers and agents acting
within the scope of their authority.
``Sec. 301111. Annual report
``The NFLN shall submit an annual report to Congress, including
specifically to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, on the activities of the corporation
during the prior fiscal year. The report shall be submitted at the same
time as the report of the audit required by section 10101 of this
title. The report may not be printed as a public document.''. | National Fab Lab Network Act of 2015 Grants a federal charter to the Fab Foundation for the National Fab Lab Network. | {"src": "billsum_train", "title": "National Fab Lab Network Act of 2015"} | 1,775 | 28 | 0.563923 | 1.575276 | 0.660153 | 3.434783 | 75.043478 | 0.913043 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business
Owners' Tax Simplification Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Quarterly reporting of estimated tax payments.
Sec. 3. Aligning the filing thresholds for information reporting.
Sec. 4. Uniform standards for the use of electronic signatures for
third-party disclosure authorizations.
Sec. 5. Pre-notification testing.
Sec. 6. Treatment of cafeteria plans for employee-owners.
Sec. 7. Excluding from self-employment income net earnings less than
amount required for Social Security
quarters of coverage.
Sec. 8. Allowing a deduction for certain health insurance costs for
self-employment tax purposes.
Sec. 9. No effect of voluntary withholding agreements on worker
classification.
Sec. 10. Effect of voluntary training and group discount programs on
worker classification.
SEC. 2. QUARTERLY REPORTING OF ESTIMATED TAX PAYMENTS.
(a) In General.--The table contained in paragraph (2) of section
6654(c) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``June 15'' and inserting ``July 15'', and
(2) by striking ``September 15'' and inserting ``October
15''.
(b) Effective Date.--The amendments made by this section shall
apply to installments due in taxable years beginning after December 31,
2017.
SEC. 3. ALIGNING THE FILING THRESHOLDS FOR INFORMATION REPORTING.
(a) Increasing the Dollar Threshold Required for Filing a 1099-
MISC.--
(1) In general.--Subsection (a) of section 6041 of the
Internal Revenue Code of 1986 is amended by striking ``$600''
and inserting ``$1,500''.
(2) Inflation adjustment.--Section 6041 of such Code is
amended by adding at the end the following new subsections:
``(h) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2018, the dollar amount in
subsection (a) 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, determined by substituting `calendar year 2017' for
`calendar year 1992' in subparagraph (B) thereof.
``(i) Rounding.--If any dollar amount in subsection (a) (after
being increased under subsection (g)) is not a multiple of $100, such
dollar amount shall be rounded to the nearest multiple of $100.''.
(3) Conforming amendment.--The heading of subsection (a) of
section 6041 of such Code is amended to read as follows:
``Payments Exceeding Threshold.''.
(b) Increasing the Dollar Limit for Remuneration for Services and
Direct Sales.--
(1) In general.--Paragraph (2) of section 6041A(a) of the
Internal Revenue Code of 1986 is amended by striking ``$600''
and inserting ``$1,500''.
(2) Inflation adjustment.--Section 6041A of such Code is
amended by adding at the end the following new subsections:
``(g) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2018, the dollar amount in
subsection (a)(2) 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, determined by substituting `calendar year 2017' for
`calendar year 1992' in subparagraph (B) thereof.
``(h) Rounding.--If any dollar amount in subsection (a)(2) (after
being increased under subsection (g)) is not a multiple of $100, such
dollar amount shall be rounded to the nearest multiple of $100.''.
(c) Decreasing the Dollar Threshold Required for Filing a 1099-K;
Eliminating the Transaction Threshold.--Subsection (e) of section 6050W
of such Code is amended by striking ``only if'' and all that follows
through the period at the end and inserting ``only if the amount which
would otherwise be reported under subsection (a)(2) with respect to
such transactions exceeds the dollar amount in effect for the taxable
year under section 6041(a).''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to returns for years beginning after December 31,
2017.
SEC. 4. UNIFORM STANDARDS FOR THE USE OF ELECTRONIC SIGNATURES FOR
THIRD-PARTY DISCLOSURE AUTHORIZATIONS.
Not later than 6 months after the date of the enactment of this
section, the Secretary of the Treasury shall publish guidance to
establish uniform standards and procedures for the acceptance of
signatures in digital or other electronic form for purposes of--
(1) any request for disclosure of a taxpayer's return or
return information under section 6103(c) of the Internal
Revenue Code of 1986, and
(2) any power of attorney executed by a taxpayer.
SEC. 5. PRE-NOTIFICATION TESTING.
Not later than 180 days after the date of enactment of this Act,
the Secretary of the Treasury will ensure that, for any refund or
credit of overpayment of tax under the Internal Revenue Code of 1986
transferred to an individual through electronic fund transfer, there
is, prior to such transfer, a prenotification testing to verify
recipient information and assist in preventing refund fraud.
SEC. 6. TREATMENT OF CAFETERIA PLANS FOR EMPLOYEE-OWNERS.
(a) In General.--Subsection (g) of section 125 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(5) Self-employed individuals.--
``(A) In general.--Notwithstanding section 105(g),
for purposes of providing qualified benefits under a
cafeteria plan of an eligible employer (as defined in
subsection (j)(5)) and for purposes of any prohibition
on discrimination (including subsection (b)) with
respect to a cafeteria plan--
``(i) the term `employee' includes an
individual who is an employee within the
meaning of section 401(c)(1) and any individual
treated as a partner under section 1372(a),
``(ii) an individual who owns the entire
interest in an unincorporated trade or business
shall be treated as his own employer, and
``(iii) a partnership shall be treated as
the employer of each partner who is an employee
within the meaning of clause (i).
``(B) Limitation.--
``(i) Amounts excluded not to exceed earned
income.--In the case of an individual treated
as an employee by reason of subparagraph
(A)(i), subsection (a) shall apply to amounts
for an individual only to the extent that such
amounts exceeds the individual's earned income
(as defined in section 401(c)(2)) derived from
the trade or business with respect to which the
cafeteria plan is maintained.
``(ii) Partnerships.--This paragraph shall
apply in the case of any individual treated as
a partner under section 1372(a), except that,
for purposes of this subsection, such
individual's wages (as defined in section 3121)
from the S corporation shall be treated as such
individual's earned income, and there shall be
such adjustments in the application of this
subsection as the Secretary may by regulations
prescribe.
``(C) Denial of double benefit.--No deduction or
credit shall be allowed to an employee under any
section of this chapter for any amount excluded from
gross income under subsection (a) by reason of this
paragraph.''.
(b) Simple Cafeteria Plans.--Paragraph (3) of section 125(j) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Alternative for certain plans.--
``(i) In general.--In the case of a plan
that covers one or more individuals described
in clause (i) of subsection (g)(5)(A), the
requirements of this paragraph shall be treated
as met if the average employer contribution
allocable to qualified benefits under the plan
on behalf of individuals who are not qualified
employees does not exceed 150 percent of the
average employer contribution allocable to such
benefits on behalf of individuals who are
qualified employees.
``(ii) Additional contributions.--In the
case of a plan treated under clause (i) as
meeting the requirements of this paragraph,
subparagraph (C) shall not apply.''.
(c) Effective Date.--The amendment made by this section shall apply
with respect to taxable years beginning after December 31, 2017.
SEC. 7. EXCLUDING FROM SELF-EMPLOYMENT INCOME NET EARNINGS LESS THAN
AMOUNT REQUIRED FOR SOCIAL SECURITY QUARTERS OF COVERAGE.
(a) In General.--Paragraph (2) of section 1402(b) of the Internal
Revenue Code of 1986 is amended by striking ``$400'' and inserting
``the amount required under section 213(d) of the Social Security Act
for a quarter of coverage for the calendar year in which such taxable
year began''.
(b) Self-Employment Tax Returns.--Section 6017 of the Internal
Revenue Code of 1986 is amended by striking ``$400'' and inserting
``the amount required under section 1402(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after the date of the
enactment of this Act.
SEC. 8. ALLOWING A DEDUCTION FOR CERTAIN HEALTH INSURANCE COSTS FOR
SELF-EMPLOYMENT TAX PURPOSES.
(a) In General.--Subsection (l) of section 162 of the Internal
Revenue Code of 1986 is amended by striking paragraph (4).
(b) Effective Date.--The amendment made by this section shall apply
with respect to taxable years beginning after December 31, 2017.
SEC. 9. NO EFFECT OF VOLUNTARY WITHHOLDING AGREEMENTS ON WORKER
CLASSIFICATION.
Section 3402(p) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(4) Worker classification.--Agreements under paragraph
(3) may not be taken into account in determining whether any
party to such agreement is an employee or an employer for
purposes of any provision of this title.''.
SEC. 10. EFFECT OF VOLUNTARY TRAINING AND GROUP DISCOUNT PROGRAMS ON
WORKER CLASSIFICATION.
(a) In General.--Chapter 79 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7706. EFFECT OF VOLUNTARY TRAINING AND GROUP DISCOUNT PROGRAMS
ON WORKER CLASSIFICATION.
``(a) In General.--For purposes of this title, the determination of
whether an individual is an employee shall be made without regard to
the following:
``(1) Whether such individual is offered, and whether such
individual accepts, voluntary training.
``(2) Whether such individual is offered, or takes
advantage of, a discount on goods and services available by
reason of such individual performing services.
``(b) Regulations.--The Secretary shall issue such regulations as
the Secretary determines are necessary to carry out the purposes of
this section.''.
(b) Clerical Amendment.--The table of sections for chapter 79 of
such Code is amended by inserting after the item relating to section
7705 the following:
``Sec. 7706. Effect of voluntary training and group discount programs
on worker classification.''. | Small Business Owners' Tax Simplification Act of 2017 This bill amends the Internal Revenue Code, with respect to several requirements that affect small businesses and self-employed individuals, to: align the deadlines for quarterly estimated tax payments with the calendar year quarters; modify the dollar thresholds for various information reporting requirements; allow certain self-employed individuals to participate in cafeteria benefit plans; exclude from self-employment income net earnings that are less than the amount required under the Social Security Act for a quarter of coverage for the calendar year in which the tax year began; allow certain health insurance costs of self-employed individuals to be deducted for self-employment tax purposes; and specify that voluntary tax withholding agreements, training, or group discount programs have no effect on whether an individual is classified as an employee or an employer. The Department of the Treasury must: (1) establish uniform standards and procedures for the acceptance of digital or electronic signatures, and (2) use prenotification testing to verify recipient information before transferring a tax refund or credit through an electronic funds transfer. | {"src": "billsum_train", "title": "Small Business Owners\u2019 Tax Simplification Act of 2017"} | 2,790 | 218 | 0.537246 | 1.610084 | 0.795041 | 3.018868 | 11.216981 | 0.858491 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Infusion Therapy
Consolidated Coverage Act of 2006''.
SEC. 2. CONSOLIDATION OF MEDICARE COVERAGE OF HOME INFUSION THERAPY
UNDER PART B.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) by striking ``and'' at the end of subparagraph
(Z);
(B) by adding ``and'' at the end of subparagraph
(AA); and
(C) by adding at the end the following new
subparagraph:
``(BB) home infusion therapy (as defined in subsection
(ccc)(1));''; and
(2) by adding at the end the following new subsection: ``
``Home Infusion Therapy
``(ccc)(1) The term `home infusion therapy' means the following
items and services furnished to an individual, who is under the care of
a physician, which are provided, except as provided in subparagraph
(B), by a qualified home infusion therapy provider under a plan (for
furnishing such items and services to such individual) established and
periodically reviewed by a physician, which items and services are
provided in an integrated manner in the individual's home in
conformance with clinical standards of care established by the
Secretary (after taking into account the standards commonly used for
home infusion therapy by Medicare Advantage organizations and
accreditation organizations)--
``(A) infusion drugs (as defined in paragraph
(2)(B));
``(B) nursing services provided, directly or by an
accredited homecare organization under arrangements
made, by the qualified home infusion therapy provider,
in connection with such infusion; and
``(C) other professional services (including
pharmacy and care coordination services) and related
items and services (including medical supplies,
intravenous fluids, home delivery, equipment, and other
items and services the Secretary determines
appropriate) to administer infusion drug therapies to
an individual safely and effectively in the home;
except that such term does not include nursing services to the
extent they are covered as home health services.
``(2) For purposes of paragraph (1):
``(A) The term `home' means a place of residence
used as an individual's home and includes such
alternate settings as the Secretary determines.
``(B) The term `infusion drugs' means parenteral
drugs and biologicals administered via an intravenous,
intraspinal, intra-arterial, intrathecal, subcutaneous,
or intramuscular access device inserted into the body.
``(C) The term `qualified home infusion therapy
provider' means any pharmacy that--
``(i) has expertise in the preparation of
compounded sterile preparations in compliance
with enforceable standards of the U.S.
Pharmacopoeia or other nationally recognized
standards that regulate compounding of sterile
preparations as determined by the Secretary;
``(ii) provides infusion therapy to
patients with acute or chronic conditions
requiring parenteral administration of drugs
and biologicals administered through catheters
or needles, or both, in a home; and
``(iii) meets such requirements as the
Secretary determines are necessary to ensure
the safe and effective provision of home
infusion therapy (taking into account the
standards of care for home infusion therapy
established by private payers).''.
(b) Payment for Home Infusion Therapy.--
(1) In general.--Section 1834 of such Act (42 U.S.C. 1395m)
is amended by adding at the end the following new subsection:
``(n) Payment for Home Infusion Therapy.--The payment amount under
this part for home infusion therapy is determined as follows:
``(1) In general.--Except as provided in this subsection,
the Secretary shall determine a per diem schedule for payment
for home infusion therapy (including pharmacy services,
administration services, care coordination services, supplies
and equipment necessary to safely and properly administer a
home infusion drug or biological in accordance with the
requirements and clinical standards commonly used for home
infusion therapy) which reflects the reasonable costs which
must be incurred by efficiently and economically operated
qualified home infusion therapy providers to provide such
therapy in conformity with applicable State and Federal laws,
regulations, and quality and safety standards and to assure
that Medicare beneficiaries have reasonable access to such
therapy.
``(2) Infusion drugs.--
``(A) In general.--Except as provided in
subparagraph (B), the provisions of section 1847A shall
apply to payment under this part for drugs included in
home infusion therapy.
``(B) Special rule.--In applying subparagraph (A),
the determination of average sales prices under section
1847A shall be limited to such prices for infusion drug
sales to home infusion therapy pharmacies.''.
(2) Conforming amendments.--
(A) Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended by striking ``and'' before
``(V)'' and by inserting before the semicolon at the
end the following: ``, and (W) with respect to home
infusion therapy, the amounts paid shall be determined
under section 1834(n)''.
(B) The first sentence of section 1842(b)(6) of
such Act (42 U.S.C. 1395u(b)(6)) is amended by striking
``and'' before ``(H)'' and by inserting before the
period at the end the following: ``, and (I) in the
case of home infusion therapy, payment shall be made to
the qualified home infusion therapy provider
responsible for furnishing the therapy''.
(c) Other Conforming Provisions.--
(1) Exclusion from durable medical equipment benefit.--
Section 1861(n) of such Act (42 U.S.C. 1395x(n)) is amended by
adding at the end the following: ``Such term does not include
home infusion therapy.''.
(2) Application of accreditation organization provisions.--
The provisions of section 1865(b) of the Social Security Act
apply to accreditation of qualified home infusion therapy
providers.
(d) Effective Date.--The amendments made by this section shall
apply to home infusion therapy furnished on or after January 1, 2007. | Medicare Home Infusion Therapy Consolidated Coverage Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to provide for the consolidated coverage of home infusion therapy under Medicare part B (Supplementary Medical Insurance). | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for the consolidated coverage of home infusion therapy under part B of the Medicare Program."} | 1,427 | 58 | 0.583933 | 1.434169 | 0.633992 | 2.853659 | 31 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Byron Nelson Congressional Gold
Medal Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Byron Nelson was a top player in the sport of golf
during the World War II era and his accomplishments as a
player, a teacher, and commentator are renowned.
(2) Byron Nelson won 54 career victories, including a
record 11 in a row in 1945, during his short 13-year career.
(3) Byron Nelson won 5 majors, including 2 Masters (1937
and 1942), 2 Professional Golf Association (PGA) Championships
(1940 and 1945) and the U.S. Open (1939).
(4) Sports journalist Bill Nichols recently ranked the
greatest seasons on the PGA tour for The Dallas Morning News
and picked Roanoke, Texas-resident Byron Nelson's 1945 tour as
the greatest season of golf in American history.
(5) In 1945, Byron Nelson accumulated 18 total victories,
11 of which were consecutive, while averaging 68.33 strokes per
round for 30 tournaments.
(6) At the Seattle Open in 1945, Byron Nelson shot a record
62 for 18 holes and the world record 259, 29 shots under par
for 72 holes.
(7) Byron Nelson is one of only 2 golfers to be named
``Male Athlete of the Year'' twice by the Associated Press: in
1944, when he won 7 tournaments and averaged 69.67 strokes for
85 rounds, and again after his 1945 season.
(8) The World Golf Hall of Fame honored Byron Nelson in
2004 by featuring an exhibit entitled ``Byron Nelson: A
Champion ... A Gentleman''.
(9) Byron Nelson was selected for the Ryder Cup 4 times--in
1937, 1939, 1947 and 1965, and on that last occasion he led the
United States Ryder Cup team as team captain to victory over
Great Britain.
(10) Byron Nelson was also a pioneer in the golf business,
helping to develop the golf shoes and umbrellas used today.
(11) In 1966, True Temper created the ``Iron Byron'' robot
to replicate Byron Nelson's swing in order to test the
company's equipment, but the robot was eventually used for club
and ball testing by the United States Golf Association (USGA)
and many other manufacturing companies.
(12) Byron Nelson mentored many golf hopefuls, including
1964 Player of the Year Ken Venturi and 6-time PGA Player of
the Year Tom Watson.
(13) Byron Nelson was one of the first golf analysts on
network television where his understanding of the game in
general, and the golf swing in particular, was demonstrably
profound.
(14) Byron Nelson received the United States Golf
Association's Bob Jones Award for distinguished sportsmanship
in golf in 1974.
(15) In 1974, the Golf Writers Association of America
presented Byron Nelson with the Richardson Award for
consistently outstanding contributions to golf.
(16) Since 1983, the Byron and Louise Nelson Golf Endowment
Fund has provided over $1,500,000 in endowment funds to Abilene
Christian University in Abilene, Texas.
(17) Byron Nelson received the PGA Distinguished Service
Award in 1993. This award is presented to an individual who has
helped perpetuate the ideals and values of the PGA.
(18) Byron Nelson has served as an honorary chairperson for
the Metroport Meals on Wheels since 1992.
(19) In 1994, the Golf Course Superintendents Association
of America presented Byron Nelson with the Old Tom Morris Award
for outstanding contributions to the game.
(20) Byron Nelson helped to develop the Tournament Players
Course (TPC) Four Seasons at Los Colinas, Texas, site of the
EDS Byron Nelson Championship and the Byron Nelson Golf School,
into a world-class facility.
(21) The EDS Byron Nelson Championship is the only PGA tour
event named in honor of a professional golfer and traditionally
attracts the strongest players in the sport.
(22) Since its inception, the EDS Byron Nelson Championship
has raised $88,000,000 for Salesmanship Club Youth and Family
Centers, a nonprofit agency that provides education and mental
health services for more than 2,700 children and their families
in the greater Dallas area.
(23) In 2002, Byron Nelson received the prestigious Donald
Ross Award from the American Society of Golf Course Architects
(ASGCA) for his significant contribution to the game of golf
and the profession of golf course architecture.
(24) The United States Golf Association presented Byron
Nelson the Ike Grainger Award for volunteer service to the game
of golf in 2002.
(25) In 2002, the National Golf Foundation presented Byron
Nelson with the Graffis Award for outstanding lifelong
contributions to the game of golf.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President pro tempore of the
Senate and the Speaker of the House of Representatives shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design to Byron Nelson in
recognition of his significant contributions to the game of golf as a
player, a teacher, and a commentator.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 4 shall be deposited into the
United States Mint Public Enterprise Fund.
Passed the Senate September 27, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 2491
_______________________________________________________________________
AN ACT
To award a Congressional gold medal to Byron Nelson in recognition of
his significant contributions to the game of golf as a player, a
teacher, and a commentator. | Byron Nelson Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Byron Nelson in recognition of his contributions to the game of golf as a player, teacher, and commentator. | {"src": "billsum_train", "title": "A bill to award a Congressional gold medal to Byron Nelson in recognition of his significant contributions to the game of golf as a player, a teacher, and a commentator."} | 1,566 | 47 | 0.531625 | 1.633553 | 0.225846 | 6.157895 | 39.368421 | 1 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employees' Pension Equity Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Some large companies are setting aside millions of
dollars to protect pensions of highly compensated executives at
the same time as they forgo contributions to financially
strained and underfunded pension plans for non-executive
workers. Underfunding of pension plans for non-executives has
been increasing.
(2) There are a variety of pension-type ``supplemental
executive retirement plans'' for highly compensated executives,
including: unfunded executive pension plans; executive plan
``rabbi trusts,'' which are not taxable when established but
are subject to creditors' claims; executive plan ``secular
trusts,'' where company contributions are taxable but not
subject to creditors' claims; and, corporate-owned, trust-
owned, or split-dollar life insurance.
(3) It is difficult to compare the funding levels of
regular pension plans and executive pensions. Under current
law, companies must disclose pension assets and liabilities,
company contributions, and other details of employee pension
plans in their annual reports. But, for executive pensions,
companies are only required by the Securities and Exchange
Commission to disclose the existence of trusts they establish
for their Chief Executive Officer and their four other highest-
paid executive officers, and not the amount of money in them or
other details.
SEC. 3. EQUITABLE FUNDING REQUIREMENT FOR EMPLOYERS MAINTAINING AN
EXECUTIVE PENSION PLAN.
Section 302 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1082) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Equitable Funding Requirement for Employers Maintaining an
Executive Pension Plan.--
``(1) Definitions.--For purposes of this subsection--
``(A) Executive pension plan.--The term `executive
pension plan' means, with respect to an employer, any
pension plan maintained by such employer primarily for
the purpose of providing for the deferral of
compensation of one or more highly compensated
employees of such employer.
``(B) Non-executive pension plan.--The term `non-
executive pension plan' means, with respect to an
employer, a pension plan maintained by such employer
other than an executive pension plan maintained by such
employer.
``(C) Highly compensated employee.--The term
`highly compensated employee' has the meaning provided
such term in section 414(q) of the Internal Revenue
Code of 1986.
``(D) Funded current liability percentage.--The
term `funded current liability percentage' has the
meaning provided such term in subsection (d)(8)(B).
``(2) Requirement.--In any case in which--
``(A) an employer maintains a non-executive pension
plan to which this part applies, and
``(B) the employer also maintains an executive
pension plan for any plan year ending with or during a
plan year of such non-executive pension plan,
the employer shall meet the equitable funding requirement of
this subsection for such plan year of such non-executive
pension plan.
``(3) Equitable funding requirement.--The equitable funding
requirement of this subsection is met by an employer for a plan
year if--
``(A) the excess executive plan funding percentage
of the employer for such plan year is not more than 5
percent, or
``(B) the employer has applied to the plan the
additional contributions necessary to correct such
excess executive funding percentage by a reduction of
not less than 5 percentage points.
``(4) Excess executive plan funding percentage.--For
purposes of this subsection, the excess executive plan funding
percentage of an employer for a plan year of a non-executive
pension plan is the difference between--
``(A) the funded current liability percentage of
the executive pension plan maintained by the employer
with respect to the plan year of such executive pension
plan ending with or during such plan year of such non-
executive pension plan, and
``(B) the funded current liability percentage of
the non-executive pension plan maintained by the
employer with respect to such plan year of such non-
executive pension plan.
``(5) Treatment of 2 or more executive pension plans.--In
any case in which an employer maintains 2 or more executive
pension plans for plan years ending with or during a plan year
of a non-executive plan maintained by such employer, the
reference in paragraph (4)(A) to the funded current liability
percentage of an executive pension plan shall be deemed a
reference to the average of the funded current liability
percentages for such plan years of such executive pension plans
maintained by such employer. ''.
SEC. 4. EFFECTIVE DATE.
The amendment made by this Act shall apply with respect to plan
years (of non-executive pension plans) beginning after the date of the
enactment of this Act. | Employees' Pension Equity Act of 2003 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require the funding of all other employees' non-executive pension plans to be within a certain range in relation to the funding for executive pension plans for highly compensated employees, if both types of pension plans are maintained by the same employer.
Sets a five-percent limit on the excess executive plan funding percentage for a plan year (by prohibiting the funded current liability percentage for the executive plan from exceeding that for the non-executive plan by more than five percent). | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974 to require equitable funding of pension plans maintained by corporations which also maintain executive pension plans."} | 1,127 | 129 | 0.52853 | 1.293327 | 0.632323 | 2.787611 | 9.19469 | 0.823009 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Seaport Multiyear
Security Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Nation's 361 seaports are considered a major
terrorist target. Al Qaeda has strong ties to the shipping
industry and one of the aims of this terrorist network is to
weaken the economic security of our country.
(2) The Nation's coastline is our longest border, which is
a 95,000-mile coast that includes the Great Lakes and inland
waterways.
(3) Protecting America's seaports is critical to the
Nation's economic growth and vitality. Seaports handle 95
percent of our Nation's overseas trade by volume, support the
mobilization and deployment of the Armed Forces, and serve as
transit points for millions of cruise and ferry passengers.
(4) Maritime industries contribute $742,000,000,000 per
year to our Gross National Product.
(5) The United States Coast Guard has issued final
regulations that call for an immediate and long-term investment
in the security of our seaports.
(6) According to the United States Coast Guard,
implementing these regulations will cost $1,125,000,000 in the
first year and $5,450,000,000 over 10 years.
(7) Given the Nation's economic dependence on our seaports
and our ongoing national security concerns, seaport security
funding and the need for Federal support for the Nation's
security should be ongoing.
(8) Given the enormity of the seaport capital
infrastructure projects, Congress needs to establish a multi-
year seaport grant program that resembles the Letter of Intent
measures established in the aviation security program.
(9) The continuing security and economic needs that face
the Nation and our seaports should be recognized by the
implementation of this Act.
SEC. 3. SEAPORT SECURITY IMPROVEMENT PROJECTS.
(a) Grant Authority.--Subject to the requirements of this section,
the Secretary of Homeland Security may make grants to seaports to
enhance security.
(b) Applications.--A seaport seeking a grant under this section
shall submit to the Secretary an application in such form and
containing such information as the Secretary prescribes.
(c) Grant Awards.--
(1) In general.--The Secretary, after consultation with the
Secretary of Transportation, may approve an application of a
seaport for a grant under this section only if the Secretary
determines that the project will improve security at a seaport
or improve the efficiency of the seaport without lessening
security.
(2) Priority.--The Secretary shall give priority in
awarding grants under this section to seaports that the
Secretary considers will impact or enhance the Nation's seaport
security.
(d) Matching Requirements.--
(1) 75-percent federal funding.--Except as provided in
paragraph (2), Federal funds for any eligible project under
this section shall not exceed 75 percent of the total cost of
such project.
(2) Exceptions.--
(A) Small projects.--A seaport with a project under
subsection (a) that costs less than $25,000 shall not
be required to match Federal funds.
(B) Higher level of support required.--If the
Secretary determines that a proposed project merits
support and cannot be undertaken without a higher rate
of Federal support, the Secretary may approve grants
under this section with a matching requirement other
than that specified in paragraph (1).
(e) Letters of Intent.--
(1) Issuance.--The Secretary may issue a letter of intent
to a seaport committing to obligate from future budget
authority an amount, not more than the Federal Government's
share of the project's cost, for a seaport security improvement
project (including interest costs and costs of formulating the
project).
(2) Schedule.--A letter of intent under this subsection
shall establish a schedule under which the Secretary will
reimburse the seaport for the Government's share of the
project's costs, as amounts become available, if the seaport,
after the Secretary issues the letter, carries out the project
without receiving amounts under this section.
(3) Notice to secretary.--A seaport that has been issued a
letter of intent under this subsection shall notify the
Secretary of the seaport's intent to carry out a project before
the project begins.
(4) Notice to congress.--The Secretary shall transmit to
the Committees on Appropriations and Transportation and
Infrastructure of the House of Representatives and the
Committees on Appropriations and Commerce, Science and
Transportation of the Senate a written notification at least 3
days before the issuance of a letter of intent under this
section.
(5) Limitations.--A letter of intent issued under this
subsection is not an obligation of the Government under section
1501 of title 31, and the letter is not deemed to be an
administrative commitment for financing. An obligation or
administrative commitment may be made only as amounts are
provided in authorization and appropriations laws.
(6) Statutory construction.--Nothing in this subsection
shall be construed to prohibit the obligation of amounts
pursuant to a letter of intent under this subsection in the
same fiscal year as the letter of intent is issued.
(f) Application of Additional Requirements.--The Secretary may
require as a condition for issuance of a letter of intent such
reasonable administrative requirements as necessary to carry out the
provisions of this Act.
(g) Secretary Defined.--Unless otherwise provided, in this section,
the term ``Secretary'' means the Secretary of Homeland Security.
(h) Notification to Committee.--The Secretary shall notify the
appropriate committees of Congress when a grant is made under this
section.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $800,000,000 for each of fiscal
years 2005 through 2009. Such sums shall remain available until
expended. | United States Seaport Multiyear Security Enhancement Act - Authorizes the Secretary of Homeland Security to make grants to seaports to enhance security if the Secretary, in consultation with the Secretary of Transportation, determines that the grant will improve security at a seaport or improve the efficiency of the seaport without lessening security. | {"src": "billsum_train", "title": "To improve seaport security."} | 1,283 | 71 | 0.591576 | 1.518108 | 0.876121 | 4.545455 | 21.072727 | 0.981818 |
SECTION 1. TREATMENT OF CONTRIBUTIONS IN AID OF CONSTRUCTION.
(a) Treatment of Contributions in Aid of Construction.--
(1) In general.--Section 118 of the Internal Revenue Code
of 1986 (relating to contributions to the capital of a
corporation) is amended--
(A) by redesignating subsection (c) as subsection
(e), and
(B) by inserting after subsection (b) the following
new subsections:
``(c) Special Rules for Water and Sewage Disposal Utilities.--
``(1) General rule.--For purposes of this section, the term
`contribution to the capital of the taxpayer' includes any
amount of money or other property received by any person
(whether or not a shareholder) by a regulated public utility
which provides water or sewerage disposal service if--
``(A) such amount is a contribution in aid of
construction,
``(B) in the case of contribution of property other
than water or sewerage disposal facilities, such amount
meets the requirements of the expenditure rule of
paragraph (2), and
``(C) such amount (or any property acquired or
constructed with such amount) is not included in the
taxpayer's rate base for ratemaking purposes.
``(2) Expenditure rule.--An amount meets the requirements
of this paragraph if--
``(A) an amount equal to such amount is expended
for the acquisition or construction of tangible
property described in section 1231(b)--
``(i) which is the property for which the
contribution was made or is of the same type as
such property, and
``(ii) which is used predominantly in the
trade or business of furnishing water or
sewerage disposal services,
``(B) the expenditure referred to in subparagraph
(A) occurs before the end of the second taxable year in
which such amount was received, and
``(C) accurate records are kept of the amounts
contributed and expenditures made, the expenditures to
which contributions are allocated, and the year in
which the contributions and expenditures are received
and made.
``(3) Definitions.--For purpose of this subsection:
``(A) Contribution in aid of construction.--The
term `contribution in aid of construction' shall be
defined by regulations prescribed by the Secretary,
except that such term shall not include amounts paid as
service charges for starting or stopping services.
``(B) Predominantly.--The term `predominantly'
means 80 percent or more.
``(C) Regulated public utility.--The term
`regulated public utility' has the meaning given such
term by section 7701(a)(33), except that such term
shall not include any utility which is not required to
provide water or sewerage disposal services to members
of the general public in its service area.
``(4) Disallowance of deductions and investment credit;
adjusted basis.--Notwithstanding any other provision of this
subtitle, no deduction or credit shall be allowed for, or by
reason of, any expenditure which constitutes a contribution in
aid of construction to which this subsection applies. The
adjusted basis of any property acquired with contributions in
aid of construction to which this subsection applies shall be
zero.
``(d) Statute of Limitations.--If the taxpayer for any taxable year
treats an amount as a contribution to the capital of the taxpayer
described in subsection (c), then--
``(1) the statutory period for the assessment of any
deficiency attributable to any part of such amount shall not
expire before the expiration of 3 years from the date the
Secretary is notified by the taxpayer (in such manner as the
Secretary may prescribe) of--
``(A) the amount of the expenditure referred to in
subparagraph (A) of subsection (c)(2),
``(B) the taxpayer's intention not to make the
expenditure referred to in such subparagraph, or
``(C) a failure to make such expenditure within the
period described in subparagraph (B) of subsection
(c)(2); and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.''
(2) Conforming amendment.--Section 118(b) of such Code is
amended by inserting ``except as provided in subsection (c),''
before ``the term''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts received after the date of the enactment
of this Act.
(b) Recovery Method and Period for Water Utility Property.--
(1) Requirement to use straight line method.--Section
168(b)(3) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
``(F) Water utility property described in
subsection (e)(5).''
(2) 25-Year recovery period.--The table contained in
section 168(c)(1) of such Code is amended by inserting the
following item after the item relating to 20-year property:
``Water utility property............................. 25 years''.
(3) Water utility property.--
(A) In general.--Section 168(e) of such Code is
amended by adding at the end the following new
paragraph:
``(5) Water utility property.--The term `water utility
property' means property--
``(A) which is an integral part of the gathering,
treatment, or commercial distribution of water, and
``(B) which, without regard to this paragraph,
would be 20-year property.''
(B) Conforming amendment.--Subparagraph (F) of
section 168(e)(3) of such Code is amended by adding at
the end the following new sentence: ``Such term does
not include water utility property.''
(4) Alternative system.--Clause (iv) of section
168(g)(2)(C) of such Code is amended by inserting ``, water
utility property,'' and ``grading''.
(5) Effective date.--The amendments made by this subsection
shall apply to property placed in service after the date of the
enactment of this Act, other than property placed in service
pursuant to a binding contract in effect on such date and at
all times thereafter before the property is placed in service. | Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility which provides water or sewage disposal services that: (1) is a contribution in aid of construction; (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as service charges for starting or stopping services.
Determines the depreciation deduction for such property by using the straight line method and provides for a 25-year recovery period. | {"src": "billsum_train", "title": "A bill to amend section 118 of the Internal Revenue Code of 1986 to provide for certain exceptions from rules for determining contributions in aid of construction, and for other purposes."} | 1,415 | 127 | 0.536848 | 1.492998 | 0.595372 | 3.016807 | 10.747899 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tighten Washington's Belt Act of
2010''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Account.--The term ``account'' means--
(A) for discretionary budget authority, an item for
which appropriations are made in any appropriation Act;
and
(B) for items not provided for in appropriation
Acts, direct spending and outlays therefrom identified
in the program and finance schedules contained in the
appendix to the Budget of the United States for the
current year.
(2) Breach.--The term ``breach'' means, for any fiscal
year, the amount by which discretionary budget authority
enacted for that year exceeds the spending limit for budget
authority for that year.
(3) Budget authority; new budget authority; and outlays.--
The terms ``budget authority'', ``new budget authority'', and
``outlays'' have the meanings given to such terms in section 3
of the Congressional Budget and Impoundment Control Act of 1974
(2 U.S.C. 622).
(4) Budget year.--The term ``budget year'' means, with
respect to a session of Congress, the fiscal year of the
Government that starts on October 1 of the calendar year in
which that session begins.
(5) CBO.--The term ``CBO'' means the Director of the
Congressional Budget Office.
(6) Current.--The term ``current'' means--
(A) with respect to the Office of Management and
Budget estimates included with a budget submission
under section 1105(a) of title 31, United States Code,
the estimates consistent with the economic and
technical assumptions underlying that budget;
(B) with respect to estimates made after that
budget submission that are not included with it, the
estimates consistent with the economic and technical
assumptions underlying the most recently submitted
President's budget; and
(C) with respect to the Congressional Budget
Office, estimates consistent with the economic and
technical assumptions as required by section 202(e)(1)
of the Congressional Budget Act of 1974.
(7) Current year.--The term ``current year'' means, with
respect to a budget year, the fiscal year that immediately
precedes that budget year.
(8) Discretionary budget authority.--The term
``discretionary budget authority'' means budgetary authority
(except to fund mandatory programs) provided in appropriation
Acts.
(9) Discretionary spending limit.--The term ``discretionary
spending limit'' shall mean the amounts specified in section 6.
(10) OMB.--The term ``OMB'' means the Director of the
Office of Management and Budget.
(11) Sequestration.--The term ``sequestration'' with
respect to discretionary budget authority, means the
cancellation or reduction of budget authority (except budget
authority to fund mandatory programs) provided in appropriation
Acts.
SEC. 3. ADMINISTRATION AND EFFECT OF SEQUESTRATION.
(a) Presidential Order.--
(1) In general.--Fifteen days after the end of session, OMB
shall issue a discretionary sequestration report. If in its
Sequestration Report, OMB estimates that any sequestration is
required, the President shall issue an order fully implementing
without change all sequestrations required by the OMB
calculations set forth in that report. This order shall be
effective on issuance.
(2) CBO.--Ten days after the end of session, CBO shall
issue a discretionary sequestration report.
(3) Special rule.--If the date specified for the submission
of a Presidential order under paragraph (1) falls on a Sunday
or legal holiday, such order shall be issued on the following
day.
(b) Effects of Sequestration.--The effects of sequestration shall
be as follows:
(1) Budgetary resources sequestered from any account shall
be permanently cancelled, except as provided in paragraph (5).
(2) Except as otherwise provided, the same percentage
sequestration shall apply to all programs, projects, and
activities within a budget account (with programs, projects,
and activities as delineated in the appropriation Act or
accompanying report for the relevant fiscal year covering that
account).
(3) Administrative regulations or similar actions
implementing a sequestration shall be made within 120 days of
the sequestration order. To the extent that formula allocations
differ at different levels of budgetary resources within an
account, program, project, or activity, the sequestration shall
be interpreted as producing a lower total appropriation, with
the remaining amount of the appropriation being obligated in a
manner consistent with program allocation formulas in
substantive law.
(4) Except as otherwise provided, obligations or budgetary
resources in sequestered accounts shall be reduced only in the
fiscal year in which a sequester occurs.
(5) Budgetary resources sequestered in special fund
accounts and offsetting collections sequestered in
appropriation accounts shall not be available for obligation
during the fiscal year in which the sequestration occurs, but
shall be available in subsequent years to the extent otherwise
provided in law.
(c) Submission and Availability of Reports.--Each report required
by this section shall be submitted, in the case of CBO, to the House of
Representatives, the Senate, and OMB and, in the case of OMB, to the
House of Representatives, the Senate, and the President on the day it
is issued. On the following day a notice of the report shall be printed
in the Federal Register.
SEC. 4. GAO COMPLIANCE REPORT.
Upon request of the Committee on the Budget of the House of
Representatives or the Senate, the Comptroller General shall submit to
the Congress and the President a report on--
(1) the extent to which each order issued by the President
under this Act complies with all of the requirements contained
in this Act, either certifying that the order fully and
accurately complies with such requirements or indicating the
respects in which it does not; and
(2) the extent to which each report issued by OMB or CBO
under this section complies with all of the requirements
contained in this Act, either certifying that the report fully
and accurately complies with such requirements or indicating
the respects in which it does not.
SEC. 5. DISCRETIONARY SEQUESTRATION REPORTS.
(a) Discretionary Sequestration Reports.--
(1) Reporting requirements.--On the dates specified in
section 3(a), OMB and CBO shall each issue a Discretionary
Sequestration Report, updated to reflect laws enacted through
those dates.
(2) Discretionary spending.--The Discretionary
Sequestration Reports for each of fiscal year 2011 through 2015
shall set forth estimates for each of the following:
(A) The applicable discretionary spending limits.
(B) The new budget authority and the breach, if
any.
(C) The sequestration percentages necessary to
eliminate the breach.
(D) For the budget year, for each account to be
sequestered, the level of enacted, sequesterable budget
authority and resulting estimated outlays to be
sequestered.
(3) Explanation of differences.--The OMB report shall
explain any differences between OMB and CBO estimates for any
breach and any required discretionary sequestration
percentages. The OMB report shall also explain differences in
the amount of sequesterable resources for any budget account to
be reduced if such difference is greater than $5,000,000.
(b) Economic and Technical Assumptions.--In all reports required by
this section, OMB shall use the same economic and technical assumptions
as used in the most recent budget submitted by the President under
section 1105(a) of title 31, United States Code.
(c) Adjustments.--When OMB submits a report under this section for
a fiscal year, OMB shall calculate, and the subsequent reports and
budgets submitted by the President under section 1105(a) of title 31,
United States Code shall include, adjustments to discretionary spending
limits (and those limits as adjusted) for the fiscal year and each
succeeding year.
SEC. 6. LIMITS.
(a) Discretionary Spending Limits.--As used in this Act, the term
``discretionary spending limit'' means--
(1) with respect to fiscal year 2011, $1,120,488,000 in new
budget authority;
(2) with respect to fiscal year 2012, $1,008,439,000 in new
budget authority;
(3) with respect to fiscal year 2013, $907,596,000 in new
budget authority;
(4) with respect to fiscal year 2014, $816,836,000 in new
budget authority;
(5) with respect to fiscal year 2015, $735,152,000 in new
budget authority; and
(6) with respect to fiscal years following 2015, the
President shall recommend and the Congress shall consider
legislation setting limits for those fiscal years.
(b) Enforcement.--
(1) Sequestration.--On the date specified in section 3(a),
there shall be a sequestration to eliminate a budget-year
breach.
(2) Eliminating a breach.--Each account shall be reduced by
a dollar amount calculated by multiplying the enacted level of
budget authority for that year in that account at that time by
the uniform percentage necessary to eliminate a breach of the
discretionary spending limit.
(3) Part-year appropriations.--If, on the date the report
is issued under paragraph (1), there is in effect an Act making
continuing appropriations for part of a fiscal year for any
budget account, then the dollar sequestration calculated for
that account under paragraph (2) shall be subtracted from--
(A) the annualized amount otherwise available by
law in that account under that or a subsequent part-
year appropriation; and
(B) when a full-year appropriation for that account
is enacted, from the amount otherwise provided by the
full-year appropriation.
(4) Look-back.--If, after June 30, an appropriation for the
fiscal year in progress is enacted that causes a breach for
that year (after taking into account any previous
sequestration), the discretionary spending limit for the next
fiscal year shall be reduced by the amount of that breach.
(5) Within-session sequestration reports and order.--If an
appropriation for a fiscal year in progress is enacted (after
Congress adjourns to end the session for that budget year and
before July 1 of that fiscal year) that causes a breach, 10
days later CBO shall issue a report containing the information
required in section 5(c). Fifteen days after enactment, OMB
shall issue a report containing the information required in
section 5(c). On the same day as the OMB report, the President
shall issue an order fully implementing without change all
sequestrations required by the OMB calculations set forth in
that report. This order shall be effective on issuance.
(c) Estimates.--
(1) CBO estimates.--As soon as practicable after Congress
completes action on any legislation providing discretionary
appropriations, CBO shall provide an estimate to OMB of that
legislation.
(2) OMB estimates.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal holidays) after the
date of enactment of any discretionary appropriations, OMB
shall transmit a report to the House of Representatives and to
the Senate containing--
(A) the CBO estimate of that legislation;
(B) an OMB estimate of that legislation using
current economic and technical assumptions; and
(C) an explanation of any difference between the 2
estimates.
(3) Differences.--If during the preparation of the report
under paragraph (2), OMB determines that there is a difference
between the OMB and CBO estimates, OMB shall consult with the
Committees on the Budget of the House of Representatives and
the Senate regarding that difference and that consultation, to
the extent practicable, shall include written communication to
such committees that affords such committees the opportunity to
comment before the issuance of that report.
(4) Assumptions and guidelines.--OMB and CBO shall prepare
estimates under this paragraph in conformance with scorekeeping
guidelines determined after consultation among the House and
Senate Committees on the Budget, CBO, and OMB.
(5) Deferrals and rescissions.--Deferrals and rescissions
proposed under the Impoundment Control Act of 1974 for the
budget year shall not be taken into account in determining such
budget base.
SEC. 7. EXEMPTIONS FROM SEQUESTRATION.
(a) In General.--Except as provided in subsection (b), all
discretionary budget authority shall be subject to the sequestration
procedures under this Act.
(b) Exemptions.--
(1) The following shall be exempt from reduction under any
order issued under this Act:
(A) Benefits and compensation provided to active
duty military and to veterans defined as discretionary
spending.
(B) Provisions of discretionary spending
legislation the President designates as an emergency
requirement and the Congress so designates in statute.
(C) Any salaries or other expenditures that may not
be reduced on account of constitutional requirements.
(2) In budget.--The exemptions provided in paragraph (1)
shall be the only exemptions to sequestration procedures under
this Act, unless otherwise provided by law. | Tighten Washington's Belt Act of 2010 - Requires the Office of Management and Budget (OMB), within 15 days after the end of a session, to issue a Discretionary Sequestration Report and, if in such report OMB estimates that any sequestration is required, the President to issue an order (effective on issuance) fully implementing without change all such sequestrations.
Requires the Congressional Budget Office (CBO), within 10 days after the end of session, also to issue a Discretionary Sequestration Report.
Subjects to permanent cancellation any budgetary resources sequestered from any account, except those in special fund accounts or offsetting collections sequestered in appropriation accounts. Applies the same percentage sequestration to all programs, projects, and activities within a budget account.
Requires the Comptroller General, upon request of the congressional budget committees, to report to Congress and the President on the extent to which each such issued presidential order or OMB or CBO report complies with all of the requirements contained in this Act, either certifying that the order fully and accurately complies with such requirements or indicating the respects in which it does not.
Requires Discretionary Sequestration Reports for each of FY2011-FY2015 to set forth estimates for: (1) the applicable discretionary spending limits; (2) the new budget authority and the breach, if any; (3) the sequestration percentages necessary to eliminate the breach; and (4) the level of enacted sequesterable budget authority, and resulting estimated outlays to be sequestered for each account.
Requires the OMB report to explain: (1) any differences between OMB and CBO estimates for any breach and any required discretionary sequestration percentages; and (2) differences in the amount of sequesterable resources for any budget account to be reduced if such difference is greater than $5 million.
Establishes discretionary spending limits for FY2011-FY2015.
Sets forth sequestration enforcement mechanisms.
Subjects all discretionary budget authority to such sequestration procedures, except: (1) benefits and compensation provided to active duty military and to veterans defined as discretionary spending; (2) provisions of discretionary spending legislation the President and Congress designate as emergency requirements; and (3) salaries or other expenditures that may not be reduced on account of constitutional requirements. | {"src": "billsum_train", "title": "To enforce discretionary spending limits to rein in spending, reduce the deficit, and regain control of the Federal budget process."} | 2,949 | 523 | 0.556741 | 1.736472 | 0.597564 | 4.315294 | 6.136471 | 0.950588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vacancies Clarification Act of
1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress enacted the Act entitled ``An Act to authorize
the temporary supplying of vacancies in the executive
departments'', approved July 23, 1868 (commonly referred to as
the ``Vacancies Act''), to--
(A) preclude the extended filling of a vacancy in
an office of an executive or military department
subject to Senate confirmation, without the submission
of a Presidential nomination;
(B) provide an exclusive means to temporarily fill
such a vacancy; and
(C) clarify the role of the Senate in the exercise
of the Senate's constitutional advice and consent
powers in the Presidential appointment of certain
officers;
(2) subchapter III of chapter 33 of title 5, United States
Code, includes a codification of the Vacancies Act, and
(pursuant to an amendment on August 17, 1988, to section 3345
of such title) specifically applies such vacancy provisions to
all Executive agencies, including the Department of Justice;
(3) the legislative history accompanying the 1988 amendment
makes clear in the controlling committee report that the
general administrative authorizing provisions for the Executive
agencies, which include sections 509 and 510 of title 28,
United States Code, regarding the Department of Justice, do not
supersede the specific vacancy provisions in title 5, United
States Code;
(4) there are statutory provisions of general
administrative authority applicable to every Executive
department and other Executive agencies that are similar to
sections 509 and 510 of title 28, United States Code, relating
to the Department of Justice;
(5) despite the clear intent of Congress, the Attorney
General of the United States has continued to interpret the
provisions granting general administrative authority to the
Attorney General under sections 509 and 510 of title 28, United
States Code, to supersede the specific vacancy provisions in
title 5, United States Code;
(6) the interpretation of the Attorney General would--
(A) virtually nullify the vacancy provisions under
subchapter III of chapter 33 of title 5, United States
Code;
(B) circumvent the clear intention of Congress to
preclude the extended filling of certain vacancies and
provide for the temporary filling of such vacancies;
and
(C) subvert the constitutional authority and
responsibility of the Senate to advise and consent in
certain appointments;
(7) it is necessary to further clarify the intention of
Congress to reject the interpretation of the Attorney General
by modernizing the intricate language of the long-standing
Vacancies Act; and
(8) to ensure compliance by the executive branch with the
Vacancies Act, the Act needs an express enforcement mechanism.
SEC. 3. FEDERAL VACANCIES.
(a) In General.--Chapter 33 of title 5, United States Code, is
amended by striking sections 3345 through 3349 and inserting the
following:
``Sec. 3345. Acting officer
``(a)(1) If an officer of an Executive agency (other than the
General Accounting Office) whose appointment to office is by the
President, by and with the advice and consent of the Senate, dies,
resigns, or is otherwise unable to perform the functions of the office,
the President may direct a person described under paragraph (2) to
perform the functions and duties of the office temporarily in an acting
capacity, subject to the time limitations of section 3346.
``(2) The person referred to under paragraph (1) is any person who
on the date of death, resignation, or the beginning of inability to
perform serves--
``(A) in the position of first assistant to the officer who
dies, resigns, or is otherwise unable to perform; or
``(B) in an office for which appointment by the President,
by and with the advice and consent of the Senate is required.
``(b) With respect to the office of the Attorney General of the
United States, the provisions of section 508 of title 28 shall be
applicable.
``Sec. 3346. Time limitation
``(a) The person serving as an acting officer as described under
section 3345 may serve in the office--
``(1) for no longer than 120 days; or
``(2) if any nomination for the office is submitted to the
Senate within the 120-day period beginning on the date the
vacancy occurs, for the period that the nomination is pending
in the Senate.
``(b)(1) If the nomination for the office is rejected by the Senate
or withdrawn, the person may continue to serve as the acting officer
for no more than 120 days after the date of such rejection or
withdrawal.
``(2) Notwithstanding paragraph (1), if a second nomination for the
office is submitted to the Senate during the 120-day period after the
rejection or withdrawal of the first nomination, the person serving as
the acting officer may continue to serve--
``(A) until the second nomination is confirmed; or
``(B) for no more than 120 days after the second nomination
is rejected or withdrawn.
``(c) If a person begins serving as an acting officer during an
adjournment of the Congress sine die, the 120-day period under
subsection (a) shall begin on the date that the Senate first
reconvenes.
``Sec. 3347. Application
``Sections 3345 and 3346 are applicable to any office of an
Executive agency (other than the General Accounting Office) for which
appointment by the President, by and with the advice and consent of the
Senate, is required, unless--
``(1) another statutory provision expressly provides that
such provision supersedes sections 3345 and 3346; or
``(2) the President makes an appointment to fill a vacancy
in such office during a recess of the Senate.
``Sec. 3348. Vacant office
``Subject to section 3347, if an office is not temporarily filled
under sections 3345 and 3346 within 120 days after the date on which a
vacancy occurs, the office shall remain vacant until a person is
appointed by the President, by and with the advice and consent of the
Senate.
``Sec. 3349. Enforcement
``(a)(1) An acting officer who serves in a position in violation of
section 3345 or 3346 may not receive pay for any day of service in
violation of section 3345 or 3346.
``(2) Pay not received under paragraph (1) shall be forfeited and
may not be paid as backpay.
``(3) Notwithstanding section 1342 of title 31, paragraph (1) shall
apply regardless of whether such acting officer is performing the
duties of another office or position in addition to performing the
duties of the vacant office.
``(b) The head of an affected Executive agency (other than the
General Accounting Office) shall submit to the Comptroller General of
the United States and to each House of Congress--
``(1) notification of a vacancy and the date such vacancy
occurred immediately upon the occurrence of the vacancy;
``(2) the name of any person serving in an acting capacity
and the date such service began immediately upon the
designation;
``(3) the name of any person nominated to the Senate to
fill the vacancy and the date such nomination is submitted
immediately upon the submission of the nomination; and
``(4) the date of a rejection or withdrawal of any
nomination immediately upon such rejection or withdrawal.
``(c) If the Comptroller General of the United States makes a
determination that an officer is serving longer than the 120-day period
including the applicable exceptions to such period as provided under
section 3346, the Comptroller General shall report such determination
to each House of Congress, the President, the Secretary of the
Treasury, and the Office of Personnel Management.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 33 of title 5, United States Code, is amended by striking the
items relating to sections 3345 through 3349 and inserting the
following:
``3345. Acting officer.
``3346. Time limitation.
``3347. Application.
``3348. Vacant office.
``3349. Enforcement.''.
SEC. 4. EFFECTIVE DATE AND APPLICATION.
This Act shall take effect on the date of enactment of this Act and
shall apply to any office that--
(1) becomes vacant after such date; and
(2) is vacant on such date, except sections 3345 through
3349 of title 5, United States Code (as amended by this Act),
shall apply as though such office first became vacant on such
date. | Vacancies Clarification Act of 1998 - Revises provisions regarding the filling of Federal vacancies to authorize the President, if an appointed officer of an executive agency (other than the General Accounting Office (GAO)) dies, resigns, or is otherwise unable to perform office functions, to direct a person described by this Act to perform such functions temporarily in an acting capacity, subject to specified time limitations. Describes a person authorized to perform such functions as one: (1) in the position of first assistant to the officer unable to perform; or (2) in an office for which appointment by the President, with the advice and consent of the Senate, is required.
Applies vacancy provisions of the Federal judicial code with respect to the office of the Attorney General.
Retains existing time limitations on temporary appointments.
Makes vacancy and time limitation provisions applicable to any affected office for which an advice and consent appointment is required unless: (1) another statutory provision expressly supersedes such provisions; or (2) the President makes an appointment to fill a vacancy during a Senate recess.
Requires an office to remain vacant until a person is appointed if not temporarily filled within 120 days after the date the vacancy occurs.
Prohibits acting officers serving in violation of vacancy or time limitation provisions from receiving pay. Requires pay not received to be forfeited and prohibits backpay.
Directs the heads of affected executive agencies to submit to the Comptroller General and to the Congress: (1) notification of a vacancy and the date such vacancy occurred immediately upon occurrence of the vacancy; (2) the name of the person serving in an acting capacity and the date such service began immediately upon the designation; (3) the name of any person nominated to fill the vacancy and the date such nomination is submitted immediately upon submission; and (4) the date of a rejection or withdrawal of any nomination immediately upon such action.
Requires the Comptroller General to report to the Congress, President, Secretary of the Treasury, and the Office of Personnel Management any determination that an officer is serving longer than the prescribed 120-day period, including exceptions to such period. | {"src": "billsum_train", "title": "Vacancies Clarification Act of 1998"} | 1,853 | 469 | 0.632043 | 2.090637 | 0.73286 | 5.009547 | 4.353222 | 0.937947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Physical Education Act
of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) State educational agency.--The term ``State educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Obesity-related diseases cost the United States economy
more than $100,000,000,000 every year.
(2) Almost half of young people aged 12 through 21, and
more than a third of high school students, do not participate
in vigorous physical activity on a regular basis.
SEC. 4. PHYSICAL EDUCATION.
Section 1111(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``arts, and'' and inserting
``arts,''; and
(B) by striking ``science,'' and inserting
``science, and (beginning in the 2007-2008 school year)
physical education,''; and
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``and science'' and
inserting ``science, and physical education'';
and
(ii) by inserting before the period ``and
no State shall be required to meet the
requirements of this part relating to physical
education assessments until the beginning of
the 2009-2010 school year''; and
(B) in subparagraph (C)(v)--
(i) in subclause (II)(cc), by inserting
``and'' after the semicolon; and
(ii) by adding at the end the following:
``(III) beginning not later than
school year 2009-2010, measure the
proficiency of all students in physical
education and be administered not less
than 1 time during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 9;
and
``(cc) grades 10 through
12;''.
SEC. 5. BEST PRACTICES RESOURCE.
(a) Evaluation.--The Secretary of Education, in consultation with
the Secretary of Health and Human Services, shall identify State and
local physical education model programs and evaluate their
effectiveness.
(b) Assessment.--The Secretary of Education shall also identify
safeguards and risks associated with physical education programs to
ensure the safety and health of all students and, in developing
evaluation criteria, shall take into account certain physical health
limitations and consider measurements such as increased participation,
general exercise levels, attitudes about activity and nutrition, and
overall overweight prevalence.
(c) Online Best Practices Resource.--The Secretary of Education
shall create a website to publish information on State and local
physical education programs referred to in subsection (a).
SEC. 6. GRANT PROGRAM.
(a) Authorization.--
(1) In general.--The Secretary may award grants on a
competitive basis to State education agencies to establish and
revise State standards for physical education, develop
assessment tools, establish a model curriculum, and support the
development of model programs.
(b) Application.--
(1) In general.--A State that desires to receive 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 reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall include--
(A) a description of the State's physical education
curriculum;
(B) a description of how the State will use funds
made available pursuant to a grant awarded under this
Act to develop content and performance standards and
improve the quality of its physical education program;
and
(C) a description of how the State will use funds
to develop and implement physical education academic
assessments and improve the performance and health of
its students.
(c) Approval.--
(1) In general.--The Secretary shall approve an application
submitted pursuant to subsection (a) if the application meets
the requirements of this section and holds reasonable promise
of achieving the purpose of this Act.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to a high-need State educational
agency.
(3) Equitable distribution.--To the extent practicable, the
Secretary shall ensure an equitable geographic distribution of
grants under this section among the regions of the United
States.
(4) Duration of grants.--A grant under this section may
cover a period of 5 years. At the end of the 5-year period, the
grant recipient may apply for an additional grant under this
section.
(d) Uses of Funds.--
(1) Permissible uses.--A State that receives a grant under
this section shall use the grant funds to--
(A) develop, revise, or improve physical education
curriculum to meet minimum content and performance
standards established by the Secretary;
(B) purchase content materials and equipment to
implement physical education curriculum;
(C) assist in the implementation of physical
education model programs; and
(D) provide for staff and teacher training and
education.
(e) Matching Funds.--Each State that receives a grant under this
section shall demonstrate a financial commitment by contributing,
either directly or through private contributions, non-Federal matching
funds equal to 20 percent of the amount of the grant.
(f) Technical Assistance.--The Secretary shall provide technical
assistance to State education agencies in the grant application
process.
(g) Assessment and Evaluation.--The Secretary shall report to
Congress on the effectiveness of this program.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$30,000,000 for fiscal year 2009, $70,000,000 for fiscal year 2010, and
$100,000,000 for each of fiscal years 2011 through 2013. Such funds
shall remain available until expended. | Strengthening Physical Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to include physical education among the subjects for which states are required to have academic content and achievement standards for all public school students, beginning in school year 2007-2008.
Requires physical education assessment to begin by school year 2009-2010, including measurement of students' proficiency at least one time during: (1) grades 3 through 6; (2) grades 6 through 9; and (3) grades 10 through 12.
Directs the Secretary of Education to identify model state and local physical education programs, evaluate their safety and effectiveness, and publish information on such programs.
Authorizes the Secretary to award competitive grants to states to: (1) establish or revise physical education standards; (2) develop assessment tools; (3) establish or revise physical education curricula to meet minimum content and performance standards established by the Secretary; and (4) support the development of model programs. Gives grant priority to high-need states. Requires non-federal matching contributions equal to 20% of the grant. | {"src": "billsum_train", "title": "To amend section 1111 of the Elementary and Secondary Education Act of 1965 regarding challenging academic content standards for physical education, and for other purposes."} | 1,383 | 220 | 0.581334 | 1.394213 | 0.720296 | 2.539906 | 6.051643 | 0.896714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Long-Term Care Hospital
Improvement Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Long-term care hospitals (in this Act referred to as
``LTCHs'') serve a valuable role in the post-acute care
continuum by providing care to medically complex patients
needing long hospital stays.
(2) The Medicare program should ensure that patients
receive post-acute care in the most appropriate setting. The
use of additional certification criteria for LTCHs, including
facility and patient criteria, will promote the appropriate
placement of severely ill patients into LTCHs. Further, patient
admission, continued stay, and discharge screening tools can
guide appropriate patient placement.
(3) Measuring and reporting on quality of care is an
important function of any Medicare provider and a national
quality initiative for LTCHs should be similar to short-term
general acute care hospitals in the Medicare program.
(4) To conform the prospective payment system for LTCHs
with certain aspects of the prospective payment system for
short-term general acute care hospitals and promote payment
stability, the Secretary of Health and Human Services (in this
Act referred to as the ``Secretary'') should--
(A) perform an annual market basket update;
(B) conduct the long term care diagnosis related
groups (in this Act referred to as ``LTCDRGs'')
reweighting and wage level adjustments in a budget
neutral manner each year;
(C) not perform a proposed one-time budget
neutrality adjustment; and
(D) not extend the 25-percent limitation on
reimbursement of co-located hospital patient admissions
to freestanding LTCHs.
(5) LTCHs co-located with another hospital in underserved
areas, including rural areas and areas with an urban single or
MSA dominant hospital, should be afforded greater relief from
the 50 percent limitation on reimbursement of co-located
hospital patient admissions.
SEC. 3. NEW DEFINITION OF A LONG-TERM CARE HOSPITAL WITH FACILITY AND
PATIENT CRITERIA.
(a) Definition.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended by adding at the end the following new subsection:
``Long-Term Care Hospital
``(ccc) The term `long-term care hospital' means an institution
which--''
``(1) is primarily engaged in providing, by or under the
supervision of physicians, to medically complex inpatients
needing long hospital stays--
``(A) diagnostic services and therapeutic services
for medical diagnosis, treatment, and care of injured,
disabled, or sick persons; or
``(B) rehabilitation services for the
rehabilitation of injured, disabled, or sick persons;
``(2) has an average inpatient length of stay (as
determined by the Secretary) for beneficiaries under this title
of greater than 25 days, or as otherwise defined in section
1886(d)(1)(B)(iv);
``(3) satisfies the requirements of paragraphs (2) through
(9) of subsection (e);
``(4) meets the following additional facility criteria:
``(A) the institution has a patient review process,
documented in the patient medical record, that screens
patients prior to admission, validates within 48 hours
of admission that patients meet admission criteria,
regularly evaluates patients throughout their stay, and
assesses the available discharge options when patients
no longer meet the continued stay criteria;
``(B) the institution applies a standard patient
screening tool, as determined by the Secretary, that is
a valid clinical tool appropriate for this level of
care, uniformly used by all long-term care hospitals,
to measure the severity of illness and intensity of
service requirements for patients for the purposes of
making admission, continuing stay, and discharge
medical necessity determinations taking into account
the medical judgment of the patient's physician, as
provided for under sections 1814(a)(3) and
1835(a)(2)(B);
``(C) the institution has active physician
involvement with patients during their treatment
through an organized medical staff, physician review of
patient progress on a daily basis, and consulting
physicians on call and capable of being at the
patient's side within a moderate period of time, as
determined by the Secretary;
``(D) the institution has interdisciplinary team
treatment for patients, requiring interdisciplinary
teams of health care professionals, including
physicians, to prepare and carry out an individualized
treatment plan for each patient; and
``(E) the institution maintains adequate staffing
levels of licensed health care professionals, as
determined by the Secretary, to ensure that long-term
care hospitals provide the intensive level of care that
is sufficient to meet the needs of medically complex
patients needing long hospital stays; and
``(5) meets patient criteria relating to patient mix and
severity appropriate to the medically complex cases that long-
term care hospitals are uniquely designed to treat, as measured
under section 1886(m).''.
(b) New Patient Criteria for Long-Term Care Hospital Prospective
Payment.--Section 1886 of such Act (42 U.S.C. 1395ww) is amended by
adding at the end the following new subsection:
``(m) Patient Criteria for Prospective Payment to Long-Term Care
Hospitals.--
``(1) In general.--To be eligible for prospective payment
as a long-term care hospital, a majority of the total number of
patients entitled to benefits under part A who are discharged
from a long-term care hospital must be medically complex
patients admitted with a high severity of illness, as that term
is defined by the Secretary for payment purposes, with 1 or
more enumerated medical conditions specified in paragraph (2).
``(2) Medically complex medical conditions.--The Secretary
shall determine a list of medical conditions associated with a
high severity of illness of patients who are appropriate for
treatment in long-term care hospitals, as indicated by the
presence of clinical comorbidities in accordance with a
methodology specified by the Secretary. Such list shall include
the following medical conditions:
``(A) Circulatory conditions.
``(B) Digestive, endocrine, and metabolic
conditions.
``(C) Infectious disease.
``(D) Neurological conditions.
``(E) Renal conditions.
``(F) Respiratory conditions.
``(G) Skin conditions.
``(H) Other medically complex conditions as defined
by the Secretary.''.
(c) Negotiated Rulemaking to Develop LTCH Facility and Patient
Criteria.--The Secretary shall promulgate regulations to carry out the
amendments made by this section on an expedited basis and using a
negotiated rulemaking process under subchapter III of chapter 5 of
title 5, United States Code.
(d) Effective Date.--The amendments made by this section shall
apply to discharges occurring on or after October 1, 2007.
SEC. 4. LTCH QUALITY IMPROVEMENT INITIATIVE.
(a) Study To Establish Quality Measures.--The Secretary shall
conduct a study (in this section referred to as the ``study'') to
determine appropriate quality measures for Medicare beneficiaries
receiving care in LTCHs.
(b) Report.--Not later than October 1, 2007, the Secretary shall
submit to Congress a report on the results of the study.
(c) Selection of Quality Measures.--Subject to subsection (e), the
Secretary shall choose 3 quality measures from the study to be reported
by LTCHs.
(d) Requirement for Submission of Data.--
(1) In general.--LTCHs shall--
(A) collect data on the 3 quality measures chosen
under subsection (c); and
(B) submit all required quality data to the
Secretary.
(2) Failure to submit data.--Any LTCH which does not submit
the required quality data to the Secretary in any fiscal year
shall have the applicable LTCH market basket under section 1886
reduced by not more than 0.4 percent for such year.
(e) Expansion of Quality Measures.--The Secretary may expand the
number of quality indicators required to be reported by LTCHs under the
study. If the Secretary adds other measures, the measures shall reflect
consensus among the affected parties. The Secretary may replace any
measures in appropriate cases, such as where all hospitals are
effectively in compliance or where measures have been shown not to
represent the best clinical practice.
(f) Availability of Data to Public.--The Secretary shall establish
procedures for making the quality data submitted under this section
available to the public.
SEC. 5. CONFORMING LTCH PPS UPDATES TO THE INPATIENT PPS.
(a) Requiring Annual Updates of Base Rates and Wage Indices and
Annual Updates and Reweighting of LTCDRGs.--
(1) In general.--The second sentence of section 307(b)(1)
of the Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (114 Stat. 2763A-496), as enacted into
law by section 1(a)(6) of Public Law 106-554, is amended by
inserting before the period at the end the following: ``, and
shall provide (consistent with updating and reweighting
provided for subsection (d) hospitals under paragraphs
(2)(B)(ii), (3)(D)(iii), and (3)(E) of section 1886 of the
Social Security Act) for an annual update under such system in
payment rates, in the wage indices (in a budget neutral
manner), and in the classification and reweighting (in a budget
neutral manner) of the diagnosis-related groups applied under
such system''.
(2) Application.--Pursuant to the amendment made by
paragraph (1), the Secretary shall provide annual updates to
the LTCH base rate, as is specified for the inpatient hospital
prospective payment system under section 1886(d)(2)(B)(ii) of
the Social Security Act (42 U.S.C. 1395ww(d)(2)(B)(ii)). The
Secretary shall annually update and reweight the LTCDRGs under
section 307(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 or an alternative
patient classification system in a budget neutral manner,
consistent with such updating and reweighting applied under
section 1886(d)(3)(D)(iii) of the Social Security Act (42
U.S.C. 1395ww(d)(3)(D)(iii)). The Secretary shall annually
update wage levels for LTCHs in a budget neutral manner,
consistent with such annual updating applied under section
1886(d)(3)(E) of the Social Security Act (42 U.S.C.
1395ww(d)(3)(E)).
(b) Elimination of One-Time Budget Neutrality Adjustment.--The
Secretary shall not make a one-time prospective adjustment to the LTCH
prospective payment system rates under section 412.523(d)(3) of title
42, Code of Federal Regulations, or otherwise conduct any budget
neutrality adjustment to address such rates, during the transition
period specified in section 412.533 of such title from cost-based
payment to the prospective payment system for LTCHs.
(c) No Application of 25 Percent Patient Threshold Payment
Adjustment to Freestanding LTCHs.--The Secretary shall not extend the
25 percent (or applicable percentage) patient threshold payment
adjustment under section 412.534 of title 42, Code of Federal
Regulations, or any similar provision, to freestanding LTCHs.
SEC. 6. RELIEF FOR CERTAIN LONG-TERM CARE HOSPITALS AND SATELLITE
FACILITIES THAT ARE CO-LOCATED WITH OTHER HOSPITALS.
(a) Urban Single and MSA Dominant Hospitals.--The Secretary shall
permit up to 75 percent of the discharged Medicare impatient population
of an applicable hospital to be admitted from a co-located urban single
or co-located MSA dominant hospital (as defined in section
412.534(e)(4) of title 42, Code of Federal Regulations) without
adjustment to the hospital's LTCH prospective payment system payment in
the manner described in section 412.534(e) of such title.
(b) Rural Hospitals.--The Secretary shall permit up to 75 percent
of the discharged Medicare impatient population of an applicable
hospital which is located in a rural area (as defined in section
412.64(b)(1)(ii)(C) of title 42, Code of Federal Regulations) to be
admitted from a co-located hospital without adjustment to the
hospital's LTCH prospective payment system payment in the manner
described in section 412.534(d) of such title.
(c) Applicable Long-Term Care Hospital Defined.--In this section,
the term ``applicable long-term care hospital'' means--
(1) a long-term care hospital that meets the criteria in
section 412.22(e) of title 42, Code of Federal Regulations; and
(2) a satellite facility of a long-term care hospital that
meet the criteria in section 412.22(h) of such title. | Medicare Long-Term Care Hospital Improvement Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to prescribe requirements for a long-term care hospital (LTCH) and patient criteria for prospective payment to an LTCH.
Directs the Secretary of Health and Human Services to: (1) determine a list of medical conditions associated with a high severity of illness of patients who are appropriate for treatment in long-term care hospitals, as indicated by the presence of clinical comorbidities in accordance with a methodology specified by the Secretary; and (2) study and report to Congress on appropriate quality measures for Medicare beneficiaries receiving care in LTCHs.
Directs the Secretary to choose three quality measures from the study for LTCHs to report.
Amends the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 to require annual updates of LTCH base rates and wage indices and the reweighting of LTCH-DRGs.
Prohibits the Secretary from extending application of the 25% (or applicable percentage) patient threshold payment adjustment to freestanding LTCHs.
Directs the Secretary to permit up to 75% of the discharged Medicare inpatient population: (1) of an applicable hospital to be admitted from a co-located urban single or co-located MSA dominant hospital without adjustment to the hospital's LTCH prospective payment system payment in a specified manner; and (2) of an applicable hospital located in a rural area to be admitted from a co-located hospital without such an adjustment, either. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to ensure and foster continued patient quality of care by establishing facility and patient criteria for long-term care hospitals and related improvements under the Medicare program."} | 2,936 | 339 | 0.698938 | 2.173296 | 0.720507 | 5.379791 | 8.84669 | 0.947735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Mexico Transboundary
Aquifer Assessment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to direct the Secretary of the Interior
to establish a United States-Mexico transboundary aquifer assessment
program to--
(1) systematically assess priority transboundary aquifers;
and
(2) provide the scientific foundation necessary for State
and local officials to address pressing water resource
challenges in the United States-Mexico border region.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aquifer.--The term ``aquifer'' means a subsurface
water-bearing geologic formation from which significant
quantities of water may be extracted.
(2) Border state.--The term ``Border State'' means each of
the States of Arizona, California, New Mexico, and Texas.
(3) Indian tribe.--The term ``Indian tribe'' means an
Indian tribe, band, nation, or other organized group or
community--
(A) that is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians; and
(B) the reservation of which includes a
transboundary aquifer within the exterior boundaries of
the reservation.
(4) Priority transboundary aquifer.--The term ``priority
transboundary aquifer'' means a transboundary aquifer that has
been designated for study and analysis under the program.
(5) Program.--The term ``program'' means the United States-
Mexico transboundary aquifer assessment program established
under section 4(a).
(6) Reservation.--The term ``reservation'' means land that
has been set aside or that has been acknowledged as having been
set aside by the United States for the use of an Indian tribe,
the exterior boundaries of which are more particularly defined
in a final tribal treaty, agreement, executive order, Federal
statute, secretarial order, or judicial determination.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(8) Transboundary aquifer.--The term ``transboundary
aquifer'' means an aquifer that underlies the boundary between
the United States and Mexico.
(9) Tri-regional planning group.--The term ``Tri-Regional
Planning Group'' means the binational planning group comprised
of--
(A) the Junta Municipal de Agua y Saneamiento de
Ciudad Juarez;
(B) the El Paso Water Utilities Public Service
Board; and
(C) the Lower Rio Grande Water Users Organization.
(10) Water resources research institutes.--The term ``water
resources research institutes'' means the institutes within the
Border States established under section 104 of the Water
Resources Research Act of 1984 (42 U.S.C. 10303).
SEC. 4. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary, in consultation and cooperation
with the Border States, the water resources research institutes, Sandia
National Laboratories, and other appropriate entities in the United
States and Mexico, shall carry out the United States-Mexico
transboundary aquifer assessment program to characterize, map, and
model transboundary groundwater resources along the United States-
Mexico border at a level of detail determined to be appropriate for the
particular aquifer.
(b) Objectives.--The objectives of the program are to--
(1) develop and implement an integrated scientific approach
to assess transboundary groundwater resources, including--
(A)(i) identifying fresh and saline transboundary
aquifers; and
(ii) prioritizing the transboundary aquifers for
further analysis by assessing--
(I) the proximity of the transboundary
aquifer to areas of high population density;
(II) the extent to which the transboundary
aquifer is used;
(III) the susceptibility of the
transboundary aquifer to contamination; and
(IV) any other relevant criteria;
(B) evaluating all available data and publications
as part of the development of study plans for each
priority transboundary aquifer;
(C) creating a new, or enhancing an existing,
geographic information system database to characterize
the spatial and temporal aspects of each priority
transboundary aquifer; and
(D) using field studies, including support for and
expansion of ongoing monitoring and metering efforts,
to develop--
(i) the additional data necessary to
adequately define aquifer characteristics; and
(ii) scientifically sound groundwater flow
models to assist with State and local water
management and administration, including
modeling of relevant groundwater and surface
water interactions;
(2) expand existing agreements, as appropriate, between the
United States Geological Survey, the Border States, the water
resources research institutes, and appropriate authorities in
the United States and Mexico, to--
(A) conduct joint scientific investigations;
(B) archive and share relevant data; and
(C) carry out any other activities consistent with
the program; and
(3) produce scientific products for each priority
transboundary aquifer that--
(A) are capable of being broadly distributed; and
(B) provide the scientific information needed by
water managers and natural resource agencies on both
sides of the United States-Mexico border to effectively
accomplish the missions of the managers and agencies.
(c) Designation of Priority Transboundary Aquifers.--
(1) In general.--For purposes of the program, the Secretary
shall designate as priority transboundary aquifers--
(A) the Hueco Bolson and Mesilla aquifers
underlying parts of Texas, New Mexico, and Mexico; and
(B) the Santa Cruz River Valley aquifers underlying
Arizona and Sonora, Mexico.
(2) Additional aquifers.--The Secretary shall, using the
criteria under subsection (b)(1)(A)(ii), evaluate and designate
additional priority transboundary aquifers.
(d) Cooperation With Mexico.--To ensure a comprehensive assessment
of transboundary aquifers, the Secretary shall, to the maximum extent
practicable, work with appropriate Federal agencies and other
organizations to develop partnerships with, and receive input from,
relevant organizations in Mexico to carry out the program.
(e) Grants and Cooperative Agreements.--The Secretary may provide
grants or enter into cooperative agreements and other agreements with
the water resources research institutes and other Border State entities
to carry out the program.
SEC. 5. IMPLEMENTATION OF PROGRAM.
(a) Coordination With States, Tribes, and Other Entities.--The
Secretary shall coordinate the activities carried out under the program
with--
(1) the appropriate water resource agencies in the Border
States;
(2) any affected Indian tribes; and
(3) any other appropriate entities that are conducting
monitoring and metering activity with respect to a priority
transboundary aquifer.
(b) New Activity.--After the date of enactment of this Act, the
Secretary shall not initiate any new field studies or analyses under
the program before consulting with, and coordinating the activity with,
any Border State water resource agencies that have jurisdiction over
the aquifer.
(c) Study Plans; Cost Estimates.--
(1) In general.--The Secretary shall work closely with
appropriate Border State water resource agencies, water
resources research institutes, and other relevant entities to
develop a study plan, timeline, and cost estimate for each
priority transboundary aquifer to be studied under the program.
(2) Requirements.--A study plan developed under paragraph
(1) shall, to the maximum extent practicable--
(A) integrate existing data collection and analyses
conducted with respect to the priority transboundary
aquifer;
(B) if applicable, improve and strengthen existing
groundwater flow models developed for the priority
transboundary aquifer; and
(C) be consistent with appropriate State guidelines
and goals.
SEC. 6. EFFECT.
Nothing in this Act affects--
(1) the jurisdiction or responsibility of a Border State
with respect to managing surface or groundwater resources in
the Border State; or
(2) the water rights of any person or entity using water
from a transboundary aquifer.
SEC. 7. REPORTS.
Not later than 5 years after the date of enactment of this Act, and
on completion of the program in fiscal year 2014, the Secretary shall
submit to the appropriate water resource agency in the Border States,
an interim and final report, respectively, that describes--
(1) any activities carried out under the program;
(2) any conclusions of the Secretary relating to the status
of transboundary aquifers; and
(3) the level of participation in the program of entities
in Mexico.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $50,000,000 for the period of fiscal years 2005 through
2014.
(b) Distribution of Funds.--Of the amounts made available under
subsection (a), 50 percent shall be made available to the water
resources research institutes to provide funding to appropriate
entities in the Border States (including Sandia National Laboratories,
State agencies, universities, the Tri-Regional Planning Group, and
other relevant organizations) and Mexico to conduct
activities under the program, including the binational collection and
exchange of scientific data.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | United States-Mexico Transboundary Aquifer Assessment Act - (Sec. 4) Directs the Secretary of the Interior, acting through the Director of the U.S. Geological Survey, to carry out a United States-Mexico transboundary aquifer assessment program to characterize, map, and model transboundary groundwater resources along the U.S.-Mexico border, in consultation and cooperation with the States of Arizona, California, New Mexico, and Texas (border States), the water resources research institutes (WRRIs) within the border States established under the Water Resources Research Act of 1984, Sandia National Laboratories, and other appropriate entities in the United States and Mexico.
Sets forth as the objectives of the program to: (1) develop and implement an integrated scientific approach to assess transboundary groundwater resources, including by prioritizing aquifers for further analysis; (2) expand existing agreements between the U.S. Geological Survey, the border States, the WRRIs, and appropriate authorities in the United States and Mexico to conduct joint scientific investigations, archive and share relevant data, and carry out any other activities consistent with the program; and (3) produce scientific products for each priority aquifer that are capable of being broadly distributed and that provide the scientific information needed by water managers and natural resource agencies on both sides of the border to effectively accomplish their missions.
Directs the Secretary to designate priority aquifers, including: (1) the Hueco Bolson and Mesilla aquifers underlying parts of Texas, New Mexico, and Mexico; and (2) the Santa Cruz River Valley aquifers underlying Arizona and Sonora, Mexico. . Directs the Secretary to work with appropriate Federal agencies and other organizations to develop partnerships with, and receive input from, relevant organizations in Mexico to carry out the program. Authorizes the Secretary to provide grants or enter into cooperative and other agreements with the WRRIs and other border State entities to carry out the program.
(Sec. 5) Directs the Secretary to coordinate the activities carried out under the program with: (1) the appropriate water resource agencies in the border States; (2) any affected Indian tribes; and (3) any other appropriate entities that are conducting monitoring and metering activity with respect to a priority aquifer. Prohibits the Secretary from initiating any new field studies or analyses under the program before consulting and coordinating with any border State water resource agencies with jurisdiction.
Requires the Secretary to work with appropriate border State water resource agencies, WRRIs, and other relevant entities to develop a study plan, timeline, and cost estimate for each priority aquifer to be studied. Directs that such study plan: (1) integrate existing data collection and analyses; (2) improve and strengthen existing groundwater flow models; and (3) be consistent with appropriate State guidelines and goals.
(Sec. 6) Declares that nothing in this Act affects: (1) the jurisdiction or responsibility of a border State to manage surface or groundwater resources in the State; or (2) the water rights of any person or entity using water from an aquifer.
(Sec. 7) Directs the Secretary, not later than five years after this Act's enactment and on completion of the program in FY 2014, to submit to the appropriate water resource agencies in the border States an interim and final report that describes activities carried out, conclusions relating to the status of aquifers, and participation of entities in Mexico.
(Sec. 8) Authorizes appropriations for FY 2005 through 2014. Directs that 50 percent of such amounts be made available to the WRRIs to provide funding to appropriate entities in the border States and Mexico to conduct activities under the program, including the binational collection and exchange of scientific data. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to cooperate with the States on the border with Mexico and other appropriate entities in conducting a hydrogeologic characterization, mapping, and modeling program for priority transboundary aquifers, and for other purposes."} | 2,143 | 818 | 0.631079 | 1.991562 | 0.748471 | 5.453638 | 2.633381 | 0.954351 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Sweatshops
Prevention Act of 1993''.
(b) Reference.--Whenever in this Act (other than section 7) an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.).
SEC. 2. VIOLATIONS.
(a) Section 16(b).--Section 16(b) (29 U.S.C. 216(b)) is amended--
(1) by amending the first sentence to read as follows:
``(b)(1) Any employer who violates section 6 or 7 of this Act shall
be liable--
``(A) in the case of a first violation, to each employee
affected (i) in the amount of their unpaid minimum wages or
unpaid overtime compensation, as the case may be, (ii) for
liquidated damages in an amount equal to the amount described
in clause (i), and (iii) for interest on the amount described
in clause (i) computed, at the time of payment, at the rate of
interest determined by the Secretary of the Treasury for
interest payments under section 12 of the Contracts Dispute Act
of 1978 (41 U.S.C. 611), and
``(B) for a second or subsequent violation, to each
employee affected in the amount of three times their unpaid
minimum wages or unpaid overtime compensation, as the case may
be.'',
(2) in the third sentence by striking out ``An action to
recover the liability prescribed in either of the preceding
sentences'' and inserting in lieu thereof the following:
``(2) An action to recover the liability prescribed in paragraph
(1)'', and
(3) in the sixth sentence by striking out ``unpaid minimum
wages, or the amount of unpaid overtime compensation, as the
case may be, owing to such employee under section 6 or section
7 of this Act by an employer liable therefor under the
provisions of this subsection'' and inserting in lieu thereof
``the liability prescribed in paragraph (1)''.
(b) Section 16(c).--Section 16(c) (29 U.S.C. 216(c)) is amended--
(1) in the first sentence by striking out ``under
subsection (b) of this section to such unpaid minimum wages or
unpaid overtime compensation and an additional equal amount as
liquidated damages'' and inserting in lieu thereof ``to the
amount prescribed by subsection (b)(1)'',
(2) in the second sentence by striking out ``the amount of
the unpaid minimum wages or overtime compensation and equal
amount as liquidated damages'' and inserting in lieu thereof
``the amount prescribed by subsection (b)(1).'',
(3) in the third sentence, (A) by striking out ``(b)'' and
inserting in lieu thereof ``(b)(2)'', (B) by striking out ``the
first sentence of such subsection'' and inserting in lieu
thereof ``subsection (b)(1)'', and (C) by striking out ``unpaid
minimum wages or unpaid overtime compensation under sections 6
and 7 or liquidated or other damages provided by this
subsection'' and inserting in lieu thereof ``the amounts''.
SEC. 3. SEIZURES.
Section 16 (29 U.S.C. 216) is amended by adding at the end the
following:
``(f)(1)(A)(i) If an employer engaged in garment manufacturing
violates section 6, 7, or 12 more than 2 times in a 3-year period, the
Secretary may seize garments from the premises of the employer in a
value not to exceed the liability of the employer under subsection (b)
or (e) for the last such violation.
``(ii) If garments are produced by homeworkers in violation of
section 11(d), the Secretary may seize all the garments so produced,
except that if the employer of the homeworker obtained a certificate to
employ homeworkers pursuant to section 11(d) and the employer violated
the terms of the certificate, the Secretary may seize garments so
produced in a value not to exceed the liability of the employer under
this Act.
``(B) If the Secretary seizes garments under subparagraph (A), the
Secretary shall notify the owner of such garments of the seizure and
shall provide for the return of the garments to the owner if the
liability of such employer for such violation is met.
``(2) The owner of garments seized under paragraph (1) may have
review of the authority of the Secretary to make the seizure. Such
review shall be made in an administrative proceeding after opportunity
for a hearing in accordance with section 554 of title 5, United States
Code.
``(3) The Secretary shall issue regulations governing the
destruction or disposal of garments seized under paragraph (1). Such
garments may not be disposed of by sale.
``(4) For purposes of paragraph (1), the term `garment
manufacturing' means the sewing, knitting, cutting, making, processing,
repairing, finishing, assembling, or otherwise preparing any garment or
any article of wearing apparel or accessories designed or intended to
be worn by an individual, including clothing, hats, gloves, handbags,
hosiery, ties, scarfs, and belts to be sold or resold by any person
contracting to have such operations performed.''.
SEC. 4. CIVIL PENALTIES.
(a) In General.--The first sentence of section 16(e) (29 U.S.C.
216(e) is amended to read as follows:
``(e)(1) Any person--
``(A) who violates section 12 or any regulation issued
under that section shall be subject to a civil penalty of not
to exceed $10,000 for each such violation,
``(B) who violates section 6 or 7 two or more times shall
be subject to a civil penalty of not to exceed $10,000 for each
such violation, or
``(C) who violates section 15(a)(5)--
``(i) shall be subject to a civil penalty of not to
exceed $1,000 for the first violation, and
``(ii) shall be subject to a civil penalty of not
to exceed $10,000 for each violation after the first
violation.''.
(b) Technical.--The second sentence of section 16(e) (29 U.S.C.
216(e)) is amended--
(1) by striking out ``In determining the amount of such
penalty'' and inserting in lieu thereof the following:
``(2) In determining the amount of the penalty authorized by
paragraph (1)'', and
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively.
SEC. 5. CRIMINAL PENALTIES.
Section 16(a) (29 U.S.C. 216(a)) is amended by striking out ``a
fine of not more than $10,000 or to imprisonment for not more than six
months'' and inserting in lieu thereof ``a fine in accordance with
title 18, United States Code, or to imprisonment for at least six
months and not more than one year''.
SEC. 6. SETTLEMENTS.
The first sentence of section 16(c) (29 U.S.C. 216(c) is amended by
striking out ``unpaid minimum wages or the unpaid overtime compensation
owing to any employee or employees under section 6 or 7 of this Act''
and inserting in lieu thereof ``amount prescribed by subsection (b)(1)
to any employee or employees''.
SEC. 7. STATUTE OF LIMITATIONS.
Section 6(a) of the Portal-to-Portal Act of 1947 (29 U.S.C. 255(a))
is amended by striking out ``two years'' each place it occurs and
inserting in lieu thereof ``three years'' and by striking out ``,
except that'' and all that follows in that section and inserting in
lieu thereof a semicolon.
SEC. 8. COORDINATION.
(a) In General.--The Secretary of Labor shall establish and
encourage closer working relationships among Federal and State agencies
having responsibility for enforcing labor, safety and health, and
immigration laws.
(b) Referrals.--
(1) The Secretary of Labor shall establish a referral
system under which employees engaged in the enforcement of the
Fair Labor Standards Act of 1938 and the Occupational Safety
and Health Act of 1970 shall--
(A) exchange information about suspected violators
of the Acts and monitor the results of referrals to
each other, and
(B) provide basic training to each other's staffs
concerning the requirements of such Acts.
(2) The Secretary of Labor shall require employees engaged
in the enforcement of the Fair Labor Standards Act of 1938 and
the Occupational Safety and Health Act of 1970 to establish a
referral system with--
(A) employees of the Immigration and Naturalization
Service engaged in the enforcement of the Immigration
and Nationality Act, and
(B) employees of Departments of Labor of the States
engaged in the enforcement of State minimum wage and
occupational safety and health laws.
The Service and the State Departments of Labor shall each be
encouraged by the Secretary of Labor to establish information
exchanges and, to the extent practicable, provided training to
each other's staffs concerning the requirements of the Acts
enforced by the respective agencies. | Sweatshops Prevention Act of 1993 - Amends the Fair Labor Standards Act of 1938 (FLSA) to increase the civil and criminal penalties (and liability for settlements) for employers who violate standards for minimum wages, overtime, and child labor.
Authorizes the Secretary of Labor to seize garments, up to the value of the employer's liability under the FLSA, from the premises of a garment manufacturer employer who has violated any such standards more than two times in a three-year period. Authorizes seizures of all garments produced by homeworkers in violation of the FLSA (or up to the employer's liability if the employer has obtained a certificate to employ such homeworkers but has violated its terms). Sets forth procedural requirements.
Amends the Portal-to-Portal Act of 1947 to extend the statute of limitations on actions to enforce unpaid minimum wages, unpaid overtime compensation, or liquidated damages under the FLSA, Walsh-Healey Act, or Davis-Bacon Act.
Directs the Secretary to establish and encourage closer working relationships among Federal and State agencies responsible for enforcing labor, safety and health, and immigration laws. | {"src": "billsum_train", "title": "Sweatshops Prevention Act of 1993"} | 2,119 | 255 | 0.424402 | 1.284533 | 0.636819 | 2.883178 | 9.11215 | 0.845794 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Enhancement Act of 2002''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Recent financial crises affecting key trading partners
show that the health of the international economic system
depends on open, competitive markets.
(2) Resolution of these financial crises, which tend to
arise in relatively closed markets, depends on structural
reform.
(3) Restrictive foreign government polices, private
restraints, and collaborative public-private barriers
perpetuate an unacceptably large United States trade deficit
which is now once again growing sharply.
(4) More broadly, import barriers in major foreign markets
injure United States industries by restricting United States
exports, by creating profit sanctuaries which serve as
platforms for injurious dumping, and by causing shipments from
third countries to be diverted to the United States market.
(5) The agreements adopted by the World Trade Organization
do not currently provide a basis to address sophisticated
methods of blocking market access and effective competition in
a foreign market, particularly the growing number of joint
public-private market access barriers, including nontransparent
forms of regulation, which impose a substantial burden on
United States and world commerce.
(6) Partially as a result of changes effected by the
agreements adopted by the World Trade Organization, section 301
of the Trade Act of 1974 does not currently address private and
joint public-private market access barriers as effectively as
it should.
(7)(A) The limitations of the investigative abilities of
the United States Trade Representative were highlighted in the
investigation conducted under section 301 of the Trade Act of
1974 of the wheat trade practices of the Canadian Wheat Board.
(B) In the case referred to in subparagraph (A), the Trade
Representative concluded that not only did Canada grant the
Canadian Wheat Board (CWB) ``special monopoly rights and
privileges which disadvantage United States wheat farmers'',
but the CWB also ``refused to provide USTR certain necessary
information'' for the section 301 investigation.
TITLE I--FOREIGN PRIVATE AND PUBLIC-PRIVATE MARKET ACCESS BARRIERS
SEC. 101. AMENDMENTS TO SECTION 301(D) OF THE TRADE ACT OF 1974.
(a) Unjustifiable Acts, Policies, and Practices.--Section
301(d)(4)(A) of the Trade Act of 1974 (19 U.S.C. 2411(d)(4)(A)) is
amended to read as follows:
``(4)(A) An act, policy, or practice is unjustifiable if
the act, policy, or practice--
``(i) is in violation of, or inconsistent with, the
international legal rights of the United States; or
``(ii) constitutes fostering by a foreign
government of systematic anticompetitive activities by
persons or among persons in one or more foreign
countries that have the effect of restricting, on a
basis that is inconsistent with commercial
considerations, access of United States goods or
services to a foreign market or diverting foreign goods
or services toward the United States market.''.
(b) Unreasonable Acts, Policies, and Practices.--Section
301(d)(3)(B)(i)(IV) of the Trade Act of 1974 (19 U.S.C.
2411(d)(3)(B)(i)(IV)) is amended to read as follows:
``(IV) market opportunities, including the
toleration by a foreign government of
systematic anticompetitive activities by
persons or among persons in one or more foreign
countries that have the effect of restricting,
on a basis that is inconsistent with commercial
considerations, access of United States goods
or services to a foreign market or diverting
foreign goods or services toward the United
States market.''.
SEC. 102. AMENDMENTS TO SECTION 304 OF THE TRADE ACT OF 1974.
(a) Determination Regarding Private Anticompetitive Conduct.--
Section 304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1)) is
amended by striking subparagraph (B) and inserting the following:
``(B) if the determination made under subparagraph
(A) is affirmative--
``(i) determine what action, if any, the
Trade Representative should take under
subsection (a) or (b) of section 301; and
``(ii) further determine whether there is
reason to believe that the conduct of the
foreign country that is the subject of the
determination under subparagraph (A) involves
anticompetitive conduct engaged in by any
natural or corporate person or persons.''.
(b) Referral to Attorney General.--Section 304 of the Trade Act of
1974 is amended by redesignating subsection (c) as subsection (d) and
inserting after subsection (b) the following:
``(c) Referral to Attorney General.--If the determination under
subsection (a)(1)(B)(ii) is affirmative, the Trade Representative shall
refer the matter to the Attorney General for investigation into whether
the practices at issue constitute violations of the Sherman Act (15
U.S.C. 1-7).''.
SEC. 103. TRANSITION RULE; OUTSTANDING DETERMINATIONS BY TRADE
REPRESENTATIVE.
(a) Treatment of Preexisting Determinations.--The United States
Trade Representative shall have the authority to determine, with
respect to any affirmative determination made before the enactment of
this Act by the Trade Representative under section 304 of the Trade Act
of 1974 (19 U.S.C. 2414)--
(1) whether the determination identifies a burden or
restriction on United States commerce that has not been
eliminated; and
(2) whether the determination identifies acts, policies, or
practices that are still in existence and that involve
anticompetitive conduct engaged in by any natural or corporate
person or persons.
(b) Timing.--The Trade Representative shall make the determinations
described in subsection (a) not later than 120 days after--
(1) a request therefor is made by the original petitioner
or its legal successor-in-interest; or
(2) publication in the Federal Register of a notice
announcing the Trade Representative's intent to review a prior
determination on the Trade Representative's own initiative,
during which time the Trade Representative shall--
(A) give interested parties an opportunity to
comment on all matters to be covered by the
determinations; and
(B) if the Trade Representative has reason to
believe that the original determination identifies
acts, policies, or practices that are still in
existence and that involve anticompetitive conduct
engaged in by any natural or corporate person or
persons, refer the matter to the Attorney General
pursuant to section 304(c) of the Trade Act of 1974, as
amended by this Act.
SEC. 104. AMENDMENTS TO THE SHERMAN ACT.
The Sherman Act (15 U.S.C. 1-7) is amended by inserting after
section 7 the following:
``SEC. 7A. PROCEDURES FOLLOWING REFERRAL FROM TRADE REPRESENTATIVE.
``(a) Investigation by Attorney General.--Upon referral of a matter
from the United States Trade Representative under section 304(c) of the
Trade Act of 1974, the Attorney General shall commence an investigation
into whether the matter involves a violation of this Act.
``(b) Action Following Investigation.--
``(1) Determination by attorney general.--At the conclusion
of the investigation required by subsection (a), the Attorney
General shall determine whether there is reason to believe that
a person or persons have violated or are violating any of the
provisions of this Act.
``(2) Timing of determination.--(A) Subject to subparagraph
(B), the Attorney General shall make the determination required
under paragraph (1) on or before the date that is 180 days
after the date on which the matter was referred by the Trade
Representative to the Attorney General.
``(B) If the Attorney General determines that complex or
complicated issues are involved in the investigation that
require additional time, the Attorney General shall publish in
the Federal Register notice of such determination and shall
make the determination required under paragraph (1) with
respect to such investigation by no later than the date that is
270 days after the date on which the matter was referred by the
Trade Representative to the Attorney General.
``(3) Action if determination affirmative.--If the
determination under paragraph (1) is affirmative, the Attorney
General shall--
``(A) commence an action in a district court of the
United States seeking injunctive relief and any other
relief that a court may deem just against the person or
persons believed to have violated or be violating any
of the provisions of this Act, by issuing a complaint
and causing it to be served upon such person or
persons; or
``(B) submit a report to the Committees on Ways and
Means and on the Judiciary of the House of
Representatives and the Committees on Finance and on
the Judiciary of the Senate, setting forth reasons for
declining to commence an action against the person or
persons who the Attorney General has reason to believe
have violated or are violating any of the provisions of
this Act. Reasons for declining to commence an action
may include--
``(i) such person or persons have ceased
the conduct believed to have violated any of
the provisions of this Act and have entered
into an agreement with the Attorney General
whereby they commit to refrain from such
conduct in the future;
``(ii) the foreign country or countries in
which such person or persons reside have
undertaken enforcement action which, in the
judgment of the Attorney General, is likely to
lead to cessation of the conduct believed to
have violated any of the provisions of this
Act;
``(iii) it is impossible to obtain personal
jurisdiction over such person or persons
consistent with the requirement of due process
under the United States Constitution;
``(iv) in the interests of comity, such
action should not be commenced, taking into
account--
``(I) the relative significance to
the alleged violation of conduct within
the United States, as compared to
conduct abroad;
``(II) the nationality of the
persons involved in or affected by the
conduct;
``(III) the presence or absence of
a purpose to affect United States
consumers, markets, or exporters;
``(IV) the relative significance
and foreseeability of the effects of
the conduct on the United States as
compared to the effects abroad;
``(V) the existence of reasonable
expectations that would be furthered or
defeated by the action;
``(VI) the degree of conflict with
foreign law or articulated foreign
economic policies;
``(VII) the extent to which the
enforcement activities of another
country with respect to the same
persons, including remedies resulting
from those activities, may be affected;
and
``(VIII) the effectiveness of
enforcement by foreign countries as
compared to enforcement action by the
United States.
The Attorney General shall submit the report under subparagraph
(B) referred to no later than the date that is 30 days after
the date on which the Attorney General makes the determination
required under paragraph (1).
``(4) Action if determination negative.--If the
determination under paragraph (1) is negative, the Attorney
General shall submit a report to the Committees on Ways and
Means and on the Judiciary of the House of Representatives and
the Committees on Finance and on the Judiciary of the Senate
explaining why the Attorney General reached that determination.
The report referred to in the preceding sentence shall be
submitted no later than the date that is 30 days after the date
on which the Attorney General makes the determination required
under paragraph (1).''.
TITLE II--ADVERSE INFERENCES BY TRADE REPRESENTATIVE
SEC. 201. ADVERSE INFERENCE WARRANTED.
(a) In General.--Chapter 1 of title III of the Trade Act of 1974 is
amended by adding at the end the following:
``SEC. 311. ADVERSE INFERENCES.
``(a) Determinations Under Section 304.--In making a determination
under section 304, if the Trade Representative determines that the
foreign government has failed to cooperate by not acting to the best of
its ability to--
``(1) comply with a reasonable request for information, or
``(2) require a party within its jurisdiction to comply
with a reasonable request for information,
then, in reaching the applicable determination, the Trade
Representative may use an inference that is adverse to the interests of
the foreign government, if there is a reasonable basis for the
inference. Such adverse inference may include reliance on information
from other United States Government agencies and departments, and from
interested persons.
``(b) Determinations Under Section 304(a)(1)(B)(ii).--In making a
determination under section 304(a)(1)(B)(ii), if the Trade
Representative determines that a foreign person has failed to cooperate
by not acting to the best of its ability to comply with a reasonable
request for information, then, in reaching the applicable
determination, the Trade Representative may use an inference that is
adverse to the interests of the foreign person, if there is a
reasonable basis for the inference. Such adverse inference may include
reliance on information from other United States Government agencies
and departments, and from interested persons.''.
(b) Conforming Amendment.--The table of contents for the Trade Act
of 1974 is amended by adding after the item relating to section 310 the
following new item:
``Sec. 311. Adverse inferences.''. | Trade Enhancement Act of 2002 - Amends the Trade Act of 1974 to make an act, policy, or practice unjustifiable if it constitutes fostering by a foreign government of systematic anticompetitive activities by persons or among persons in one or more foreign countries that have the effect of restricting, on a basis inconsistent with commercial considerations, access of U.S. goods or services to a foreign market or diverting foreign goods or services toward the U.S. market. Makes it an unreasonable act, policy, and practice for a foreign government to tolerate such systematic anticompetitive activities.Requires the United States Trade Representative (USTR), in addition to determining what action to take with respect to any act, policy, or practice found unjustifiable or unreasonable, to: (1) further determine whether there is reason to believe that the conduct of the foreign country concerned involves anticompetitive conduct engaged in by any natural or corporate person or persons; and (2) if so, refer the matter to the Attorney General for investigation into whether such conduct violates the Sherman Act.Amends the Sherman Act to require the Attorney General to: (1) conduct such an investigation if the USTR refers such a matter; and (2) commence an action in a U.S. district court seeking injunctive and other relief if an investigation results in an affirmative determination.Amends the Trade Act of 1974 to authorize the USTR to use, if it has a reasonable basis, an inference adverse to the interests of any foreign government which has failed to cooperate by not acting to the best of its ability to: (1) comply with a reasonable request for information; or (2) require a party within its jurisdiction to comply with a reasonable request for information. | {"src": "billsum_train", "title": "To amend the Trade Act of 1974 and the Sherman Act to address foreign private and joint public-private market access barriers that harm United States trade, and to amend the Trade Act of 1974 to address the failure of foreign governments to cooperate in the provision of information relating to certain investigations."} | 3,026 | 380 | 0.459458 | 1.615302 | 0.72313 | 4.613003 | 8.417957 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Essential Transportation Worker
Identification Credential Assessment Act''.
SEC. 2. COMPREHENSIVE SECURITY ASSESSMENT OF THE TRANSPORTATION
SECURITY CARD PROGRAM.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives, the
Committee on Commerce, Science, and Transportation of the Senate, and
the Comptroller General of the United States a comprehensive assessment
of the effectiveness of the transportation security card program under
section 70105 of title 46, United States Code, at enhancing security
and reducing security risks for facilities and vessels regulated
pursuant to section 102 of Public Law 107-295. Such assessment shall be
conducted by a national laboratory that, to the extent practicable, is
within the Department of Homeland Security laboratory network with
expertise in maritime security or by a maritime security university-
based center within the Department of Homeland Security centers of
excellence network.
(b) Contents.--The comprehensive assessment shall include--
(1) an evaluation of the extent to which the program, as
implemented, addresses known or likely security risks in the
maritime environment;
(2) an evaluation of the extent to which deficiencies
identified by the Comptroller General have been addressed; and
(3) a cost-benefit analysis of the program, as implemented.
(c) Corrective Action Plan; Program Reforms.--Not later than 60
days after the Secretary submits the assessment under subsection (a),
the Secretary shall submit a corrective action plan to the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate that responds to
the assessment under subsection (b). The corrective action plan shall
include an implementation plan with benchmarks, may include
programmatic reforms, revisions to regulations, or proposals for
legislation, and shall be considered in any rule making by the
Department relating to the transportation security card program.
(d) Comptroller General Review.--Not later than 120 days after the
Secretary issues the corrective action plan under subsection (c), the
Comptroller General shall--
(1) review the extent to which such plan implements--
(A) recommendations issued by the national
laboratory or maritime security university-based
center, as applicable, in the assessment submitted
under subsection (a); and
(B) recommendations issued by the Comptroller
General before the enactment of this Act; and
(2) inform the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate as to the responsiveness of such
plan to such recommendations.
(e) Transportation Security Card Reader Rule.--
(1) In general.--The Secretary of Homeland Security may not
issue a final rule requiring the use of transportation security
card readers until--
(A) the Comptroller General informs the Committees
on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives and Commerce, Science and
Transportation of the Senate that the submission under
subsection (a) is responsive to the recommendations of
the Comptroller General; and
(B) the Secretary issues an updated list of
transportation security card readers that are
compatible with active transportation security cards.
(2) Limitation on application.--Paragraph (1) shall not
apply with respect to any final rule issued pursuant to the
notice of proposed rulemaking on Transportation Worker
Identification Credential (TWIC)-Reader Requirements published
by the Coast Guard on March 22, 2013 (78 Fed. Reg. 17781)
(f) Comptroller General Oversight.--Not less than 18 months after
the date of the issuance of the corrective action plan under subsection
(c), and every six months thereafter during the 3-year period following
the date of the issuance of the first report under this subsection, the
Comptroller General shall report to the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate regarding implementation of the corrective
action plan.
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise available for
such purpose.
Passed the House of Representatives July 28, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Essential Transportation Worker Identification Credential Assessment Act - Directs the Secretary of Homeland Security (DHS) to submit to Congress and the Comptroller General (GAO) a comprehensive assessment of the effectiveness of the transportation security card program at enhancing security and reducing security risks for maritime facilities and vessels. Requires the assessment to be conducted, to the extent practicable, by a national laboratory within the DHS laboratory network or a maritime security university-based center within the DHS centers of excellence network. Directs the Secretary to submit to Congress a corrective action plan responding to the assessment which: (1) includes an implementation plan with benchmarks, and (2) shall be considered in any DHS rulemaking with respect to the transportation security card program. Directs the Comptroller General, within 120 days after the corrective action plan is issued, to: (1) review the extent to which it implements the recommendations of the national laboratory or the maritime security university-based center and of the Comptroller General, and (2) inform Congress as to the plan's responsiveness to such recommendations. Prohibits the Secretary from issuing a final rule requiring the use of transportation security card readers until: (1) the Comptroller General informs Congress that the submission is responsive to the GAO recommendations, and (2) the Secretary issues an updated list of transportation security card readers that are compatible with active transportation security cards. Requires the Comptroller General to report to Congress on implementation of the plan at least 18 months after it is issued, and every 6 months thereafter for the ensuing 3-year period. Declares that no additional funds are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available for the purpose. | {"src": "billsum_train", "title": "Essential Transportation Worker Identification Credential Assessment Act"} | 1,004 | 373 | 0.740716 | 2.210073 | 0.872966 | 3.509259 | 2.873457 | 0.904321 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wind Power Tax Incentives Act of
2003''.
SEC. 2. OFFSET OF PASSIVE ACTIVITY LOSSES AND CREDITS OF AN ELIGIBLE
TAXPAYER FROM WIND ENERGY FACILITIES.
(a) In General.--Section 469 of the Internal Revenue Code of 1986
(relating to passive activity losses and credits limited) is amended by
redesignating subsections (l) and (m) as subsections (m) and (n) and by
inserting after subsection (k) the following new subsection:
``(l) Offset of Passive Activity Losses and Credits From Wind
Energy Facilities.--
``(1) In general.--Subsection (a) shall not apply to the
portion of the passive activity loss, or the deduction
equivalent (within the meaning of subsection (j)(5)) of the
portion of the passive activity credit, for any taxable year
which is attributable to all interests of an eligible taxpayer
in qualified facilities described in section 45(c)(3)(A).
``(2) Eligible taxpayer.--For purposes of this subsection--
``(A) In general.--The term `eligible taxpayer'
means, with respect to any taxable year, a taxpayer the
adjusted gross income (taxable income in the case of a
corporation) of which does not exceed $1,000,000.
``(B) Rules for computing adjusted gross income.--
Adjusted gross income shall be computed in the same
manner as under subsection (i)(3)(F).
``(C) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as a single taxpayer for purposes
of this paragraph.
``(D) Pass-thru entities.--In the case of a pass-
thru entity, this paragraph shall be applied at the
level of the person to which the credit is allocated by
the entity.''
(b) Effective Date.--The amendments made by this section shall
apply to facilities placed in service after the date of the enactment
of this Act.
SEC. 3. CREDIT FOR WIND ENERGY FACILITIES OF AN ELIGIBLE TAXPAYER
ALLOWED AGAINST MINIMUM TAX.
(a) In General.--Section 38(c) of the Internal Revenue Code of 1986
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (4) as paragraph (5) and by inserting after
paragraph (3) the following new paragraph:
``(4) Special rules for wind energy credit.--
``(A) In general.--In the case of the wind energy
credit of an eligible taxpayer--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) the tentative minimum tax
shall be treated as being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the wind
energy credit).
``(B) Wind energy credit.--For purposes of this
subsection, the term `wind energy credit' means the
portion of the renewable electric production credit
under section 45 determined with respect to a facility
using wind to produce electricity.
``(C) Eligible taxpayer.--For purposes of this
paragraph, the term `eligible taxpayer' has the meaning
given such term by section 469(l)(2).''
(b) Conforming Amendments.--Paragraphs (2)(A)(ii)(II) and
(3)(A)(ii)(II) of section 38(c) of such Code are each amended by
inserting ``or wind energy credit'' after ``employee credit''.
(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. 4. APPLICATION OF CREDIT TO COOPERATIVES.
(a) In General.--Section 45(d) of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by adding at the
end the following new paragraph:
``(8) Allocation of credit to shareholders of
cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of a
cooperative organization described in section
1381(a), any portion of the credit determined
under subsection (a) for the taxable year may,
at the election of the organization, be
apportioned pro rata among shareholders of the
organization on the basis of the capital
contributions of the shareholders to the
organization.
``(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year.
``(B) Treatment of organizations and patrons.--The
amount of the credit apportioned to any shareholders
under subparagraph (A)--
``(i) shall not be included in the amount
determined under subsection (a) with respect to
the organization for the taxable year, and
``(ii) shall be included in the amount
determined under subsection (a) for the taxable
year of the shareholder with or within which
the taxable year of the organization ends.
``(C) Special rules for decrease in credits for
taxable year.--If the amount of the credit of a
cooperative organization determined under subsection
(a) for a taxable year is less than the amount of such
credit shown on the return of the cooperative
organization for such year, an amount equal to the
excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such
shareholders under subparagraph (A) for the
taxable year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this subpart
or subpart A, B, E, or G.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Wind Power Tax Incentives Act of 2003 - Amends the Internal Revenue Code to allow: (1) passive activity losses and credits attributable to qualified wind energy facilities; (2) the wind energy credit to be used against the alternative minimum tax; and (3) the pass-through of a cooperative's wind energy credit to the cooperative's members. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to encourage investment in facilities using wind to produce electricity, and for other purposes."} | 1,467 | 73 | 0.536261 | 1.231762 | 0.698966 | 2.5 | 18.5 | 0.852941 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Protection Act of 2006''.
SEC. 2. PAYMENTS TO COASTAL PRODUCING STATES.
The Outer Continental Shelf Lands Act (43 U.S.C. 1301 et seq.) is
amended by adding at the end the following:
``SEC. 32. PAYMENTS TO COASTAL PRODUCING STATES.
``(a) Definitions.--In this section:
``(1) Coastal political subdivision.--The term `coastal
political subdivision' means a political subdivision of a
coastal State, any part of which is located--
``(A) within the coastal zone (as defined in
section 304 of the Coastal Zone Management Act of 1972
(16 U.S.C. 1453)) of the coastal State as of the date
of enactment of this section; and
``(B) not more than 200 nautical miles from the
geographic center of any leased tract.
``(2) Coastal state.--The term `coastal State' has the
meaning given the term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
``(3) Coastal producing state.--
``(A) In general.--The term `coastal producing
State' means a coastal State that has a coastal seaward
boundary within 200 nautical miles of the geographic
center of a leased tract within any area of the outer
Continental Shelf.
``(B) Exclusion.--The term `coastal producing
State' does not include any State a majority of the
coastline of which is subject to leasing moratoria as
of January 1, 2006.
``(4) Leased tract.--The term `leased tract' means a
tract--
``(A) maintained under section 6; or
``(B) leased under section 8.
``(5) Qualified outer continental shelf revenues.--
``(A) In general.--The term `qualified outer
Continental Shelf revenues' means the amounts received
by the United States from each leased tract or portion
of a leased tract--
``(i) lying--
``(I) seaward of the zone covered
by section 8(g); or
``(II) within that zone, but to
which section 8(g) does not apply; and
``(ii) the geographic center of which lies
within 200 nautical miles from any part of the
coastline of any coastal State.
``(B) Inclusions.--The term `qualified outer
Continental Shelf revenues' includes bonus bids, rents,
royalties (including payments for royalty taken in-kind
and sold), net profit share payments, and related late-
payment interest from natural gas and oil leases issued
under this Act.
``(C) Exclusion.--The term `qualified outer
Continental Shelf revenues' does not include any
revenues from a leased tract or portion of a leased
tract that is located in a geographic area subject to a
leasing moratorium as of January 1, 2006, unless the
lease was in production on that date.
``(b) Disbursements.--
``(1) In general.--Notwithstanding any other provision of
law, not later than December 31, 2006, and annually thereafter,
the Secretary of the Treasury, without further appropriation
and subject to subjection (c), shall disburse to coastal
producing States 50 percent of qualified outer Continental
Shelf revenues received during the preceding year.
``(2) Proportional allocations.--
``(A) In general.--Except as provided in
subparagraph (B), the amounts made available under
paragraph (1) shall be allocated to each coastal
producing State based on the ratio that--
``(i) the amount of qualified outer
Continental Shelf revenues generated off the
coastline of the coastal producing State; bears
to
``(ii) the amount of qualified outer
Continental Shelf revenues generated off the
coastline of all coastal producing States.
``(B) Exception for multiple coastal producing
states.--In a case in which more than 1 coastal
producing State is located within 200 nautical miles of
any portion of a leased tract, the amount allocated to
each coastal producing State for the leased tract shall
be inversely proportional to the distance between--
``(i) the nearest point on the coastline of
the coastal producing State; and
``(ii) the geographic center of the leased
tract.
``(C) Formula.--Of the share of each coastal
producing State under this paragraph, 35 percent shall
be allocated among and paid directly to appropriate
coastal political subdivisions by the Secretary of the
Treasury based on the following formula:
``(i) 50 percent shall be allocated in
amounts that are inversely proportional to the
respective distances between the points in each
coastal political subdivision that are closest
to the geographic center of each leased tract,
as determined by the Secretary.
``(ii) 25 percent shall be allocated based
on the ratio that--
``(I) the length, in miles, of the
coastline of each coastal political
subdivision; bears to
``(II) the length, in miles, of the
coastline of all coastal political
subdivisions of the State.
``(iii) 25 percent shall be allocated based
on the ratio that--
``(I) the coastal population of the
coastal political subdivision; bears to
``(II) the coastal population of
all coastal political subdivisions of
the State.
``(c) Use of Funds.--A coastal producing State, and a coastal
political subdivision, shall use amounts received under this section
(including any amounts deposited into a trust fund administered by the
coastal producing State or coastal political subdivision in accordance
with this subsection), only for 1 or more of the following purposes:
``(1) To conserve, protect, or restore coastal areas,
including wetlands.
``(2) To mitigate damage to natural resources and protect
fish and wildlife in the coastal zone.
``(3) To mitigate the impact of outer Continental Shelf
activity by providing onshore infrastructure or public service.
``(4) Hurricane protection, storm damage mitigation, and
integrated flood control systems.
``(5) Levee construction and maintenance.
``(6) Marine and coastal subsidence.
``(7) Coastal and riverine erosion.
``(8) Coastal and wetlands conservation and management.
``(9) Infrastructure for navigation, ports, and
transportation relating to trade, commerce, evacuation,
economic development, and public safety.
``(d) Additional Use of Funds.--Subject to subsection (c), a
coastal producing State may use amounts received under this section
(including any amounts deposited into a trust fund administered by the
coastal producing State or coastal political subdivision in accordance
with this subsection) to make any payment that is eligible to be made
with funds provided to States under section 35 of the Mineral Leasing
Act (30 U.S.C. 191).''. | Gulf Coast Protection Act of 2006 - Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Treasury to disburse to coastal producing states by December 31, 2006, without further appropriation, 50% of the qualified outer Continental Shelf revenues received during the preceding year.
Prescribes proportional allocation requirements.
Restricts the purposes for which the producing states and coastal political subdivisions may use such funds. | {"src": "billsum_train", "title": "A bill to amend the Outer Continental Shelf Lands Act to provide for payments for producing coastal States."} | 1,526 | 90 | 0.573043 | 1.37453 | 0.832935 | 3.263158 | 18.776316 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disabled Veterans Tax Termination
Act''.
SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--Section
1414 of title 10, United States Code, is amended by striking paragraph
(2) of subsection (a).
(b) Repeal of Phase-in of Concurrent Receipt of Retired Pay and
Veterans' Disability Compensation.--Such section is further amended--
(1) in subsection (a), by striking the final sentence of
paragraph (1);
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(3) in subsection (d) (as so redesignated), by striking
subparagraph (4).
(c) Clerical Amendments.--
(1) The heading for section 1414 of such title is amended
to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning after the date of
the enactment of this Act and shall apply to payments for months
beginning on or after that date.
SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and all that follows and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and
``(2) has a combat-related disability.''.
(b) Amendments to Standardize Similar Provisions.--
(1) Clerical amendment.--The heading for paragraph (3) of
section 1413a(b) of such title is amended by striking ``rules''
and inserting ``rule''.
(2) Specification of qualified retirees for concurrent
receipt purposes.--Subsection (a) of section 1414 of such
title, as amended by section 2(a), is amended--
(A) by striking ``a member or'' and all that
follows through ``retiree')'' and inserting ``an
individual who is a qualified retiree for any month'';
(B) by inserting ``retired pay and veterans'
disability compensation'' after ``both''; and
(C) by adding at the end the following new
paragraph:
``(2) Qualified retirees.--For purposes of this section, a
qualified retiree, with respect to any month, is a member or
former member of the uniformed services who--
``(A) is entitled to retired pay, other than in the
case of a member retired under chapter 61 of this title
with less than 20 years of service creditable under
section 1405 of this title and less than 20 years of
service computed under section 12732 of this title; and
``(B) is also entitled for that month to veterans'
disability compensation.''.
(3) Standardization with crsc rule for chapter 61
retirees.--Subsection (b) of section 1414 of such title is
amended--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
in paragraph (1) and inserting ``Special Rule for
Chapter 61 Disability Retirees.--In the case of a
qualified retiree who is retired under chapter 61 of
this title, the retired pay of the member is subject
to''; and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning after the date of
the enactment of this Act and shall apply to payments for months
beginning on or after that date. | Disabled Veterans Tax Termination Act - Amends federal military retired pay provisions to: (1) permit veterans with a service-connected disability of less than 50% to claim both retired pay and disability compensation; (2) eliminate provisions requiring a phase in between January 1, 2004, and December 31, 2013, of concurrent receipt of retired pay and disability compensation; (3) eliminate the four-year phase in of concurrent receipt of retired pay and disability compensation for disabled veterans determined to be individually unemployable; (4) permit certain veterans with combat-related disabilities (Chapter 61 retirees) to claim both retired pay and disability compensation; and (5) extend combat-related special compensation to certain veterans with less than 20 years of service who have a combat-related disability (TERA retirees). | {"src": "billsum_train", "title": "To amend title 10, United States Code, to eliminate the offset between military retired pay and veterans service-connected disability compensation for certain retired members of the Armed Forces who have a service-connected disability, and for other purposes."} | 1,112 | 164 | 0.606322 | 1.565111 | 0.718003 | 2.587097 | 6.174194 | 0.832258 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Production Expansion
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) It is in the best interest of the United States to
develop clean renewable geothermal energy.
(2) Development of such energy should be promoted on
appropriate Federal lands.
(3) Under the Energy Policy Act of 2005, the Bureau of Land
Management is authorized to issue three different types of non-
competitive leases for production of geothermal energy on
Federal lands, including non-competitive geothermal leases to
mining claim holders that have a valid operating plan, direct
use leases, and leases on parcels that do not sell at a
competitive auction.
(4) Federal geothermal energy leasing activity should be
directed towards those seeking to develop the land as opposed
to those seeking to speculate on geothermal resources and
thereby artificially raising the cost of legitimate geothermal
energy development.
(5) Developers of geothermal energy on Federal lands that
have invested substantial capital and made high risk
investments should be allowed to secure a discovery of
geothermal energy resources.
(6) Successful geothermal development on Federal lands will
provide increased revenue to the Federal Government, with the
payment of production royalties over decades.
SEC. 3. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
The Geothermal Steam Act of 1970 is amended--
(1) in section 2 (30 U.S.C. 1001)--
(A) by striking the period at the end of each of
paragraphs (e) and (f) and inserting a semicolon;
(B) by striking ``, and'' at the end of paragraph
(g) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(h) `industry standards' means the standards by which a
qualified geothermal professional assesses whether downhole or
flowing temperature measurements with indications of
permeability are sufficient to produce geothermal steam or
geothermal resources as determined through flow or injection
testing or measurement of lost circulation while drilling;
``(i) `qualified geothermal professional' means an
individual who is an engineer or geoscientist in good
professional standing with at least five years of experience in
geothermal exploration, development, project assessment, or any
combination of the forgoing;
``(j) the term `qualified lessee' means a person that may
hold a geothermal lease under part 3202.10 of title 43, Code of
Federal Regulations, as in effect on the date of enactment of
the Geothermal Production Expansion Act; and
``(k) `valid discovery' means a discovery of a geothermal
resource by a new or existing slim hole or production well,
that exhibits downhole or flowing temperature measurements with
indications of permeability sufficient to meet industry
standards.''; and
(2) in section 4(b) (30 U.S.C. 1003(b)), by adding at the
end the following:
``(4) Adjoining lands.--
``(A) In general.--Areas that adjoin Federal lands
for which a qualified lessee holds a legal right to
develop geothermal resources may be available for
noncompetitive lease under this section to the
qualified lessee at the fair market value per acre,
if--
``(i) the adjoining areas--
``(I) consist of an area of not
more than a total of 640 acres;
``(II) each consist of not less
than one acre;
``(III) are not already leased
under this Act or nominated to be
leased under subsection (a);
``(ii) the qualified lessee has not
previously received a noncompetitive lease
under this paragraph in connection with the
valid discovery for which data has been
submitted under subclause (I) of clause (iii);
and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified lessee to the relevant Federal
land management agency that would engender a
belief in individuals who are experienced in
the subject matter that--
``(I) there is a valid discovery of
geothermal steam or geothermal
resources on the lands for which the
qualified lesseeholds the legal right
to develop geothermal resources; and
``(II) such thermal feature extends
into the adjoining areas.
``(B) Fair market value per acre defined.--As used
in this paragraph, the term `fair market value per
acre' means a dollar amount per acre that--
``(i) except as provided in this
subparagraph, shall be equal to the market
value per acre, as determined by the Secretary;
``(ii) shall be determined by the Secretary
with respect to a lease under this paragraph,
by not later than the end of the 90-day period
beginning on the date the Secretary receives an
application for the lease;
``(iii) if the Secretary does not determine
the fair market value per acre for a lease
before the end of the period referred to in
clause (ii), shall be $100 per acre (adjusted
by the Secretary for inflation annually
beginning with fiscal year 2011) until the
Secretary establishes such fair market value;
and
``(iv) for any lease for which an
application is received before the end of the
15-year period beginning on the date of the
enactment of this clause, shall not exceed $200
per acre (adjusted by the Secretary for
inflation annually beginning with fiscal year
2011).''. | Geothermal Production Expansion Act - Amends competitive lease provisions of the Geothermal Steam Act of 1970 to set forth conditions under which areas that adjoin federal lands for which a qualified lessee holds a legal right to develop geothermal resources may be made available to the lessee for noncompetitive lease at the fair market value per acre.
Includes as such conditions that sufficient data has been submitted by a qualified geothermal professional to the relevant federal land management agency to engender a belief that: (1) there is a valid discovery of geothermal or geothermal steam resources on the lands for which the lessee holds the right to develop the resources; and (2) the thermal feature extends into the adjoining areas. | {"src": "billsum_train", "title": "To amend the Geothermal Steam Act of 1970 to authorize noncompetitive leasing of certain areas adjoining other lands for which a qualified company or individual holds a preexisting legal right to develop geothermal resources, and for other purposes."} | 1,281 | 160 | 0.654837 | 1.960089 | 0.837637 | 3.736434 | 8.899225 | 0.945736 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Manufacturing
Skills and Jobs Act of 2014''.
SEC. 2. FEDERAL MATCHING PAYMENTS FOR STATE NEW MANUFACTURING JOBS
TRAINING TAX CREDITS.
(a) Authority To Make Payments.--Subject to subsection (h), the
Secretary of the Treasury shall, on a quarterly basis, make a payment
to each eligible community college in an amount equal to the aggregate
new manufacturing job withholding matches for all eligible trainees
with respect to such eligible community college for such quarter.
(b) New Manufacturing Job Tax Withholding Match.--In the case of
any quarter, the new manufacturing job withholding match with respect
to any eligible trainee is an amount equal to the amounts remitted as
described in subsection (d)(1)(A) during such quarter with respect to
such trainee by a participating eligible manufacturing employer.
(c) Eligible Community College.--For purposes of this section, the
term ``eligible community college'' means a public institution of
higher education, as defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)--
(1) at which the majority of degrees awarded, for any
academic year, are 2-year associate's degrees that are
acceptable for full credit toward a baccalaureate degree,
(2) that is located in a State that has a State new
manufacturing jobs training tax credit program in effect, and
(3) that participates in such program by having in effect a
contract that meets the requirements of subsection (d)(2).
(d) State New Manufacturing Jobs Training Tax Credit Program.--
(1) Programs described.--For purposes of this section, the
term ``State new manufacturing jobs training tax credit
program'' means a program established by a State government
that provides that, if an eligible community college and an
eligible manufacturing employer sign a contract that meets the
requirements of paragraph (2) with respect to an eligible
trainee--
(A) the State income taxes withheld by the employer
on behalf of the eligible trainee, once employed by the
employer, to the extent they do not exceed the cost of
qualified training specified in such contract, will not
be remitted to the State in payment of income taxes,
but will be remitted to the eligible community college,
(B) the amounts so remitted will be treated in the
hands of the eligible community college as payment for
education provided by such community college, and
(C) for purposes of determining the State income
tax liability of the eligible trainee, the amounts so
remitted will be treated as if they had been remitted
to the State in payment of income taxes owed by the
eligible trainee.
(2) Qualified contract.--A contract meets the requirements
of this paragraph if--
(A) the contract is between an eligible community
college located in the State that has the program
described in paragraph (1) and an eligible
manufacturing employer with at least 1 job site located
in such State,
(B) the contract meets all applicable requirements
under such State program,
(C) the contract provides that--
(i) the eligible community college will
directly provide qualified training to
individuals designated by the employer or will
contract with a provider of qualified training
to provide such training to such individuals,
(ii) the eligible community college will
not charge tuition or fees to such individuals,
(iii) the employer will hire such
individuals for full-time employment at a job
site located within the State,
(iv) such individuals will be paid by the
employer a wage that is not less than the
greater of--
(I) 175 percent of the Federal
minimum wage, or
(II) the amount specified under the
State program, and
(v) as provided under the State program,
the employer will remit the State income taxes
withheld by the employer on behalf of the
individual to the community college in payment
for the training, to the extent such taxes do
not exceed the cost described in subparagraph
(D),
(D) the contract specifies the entire cost of the
qualified training (including all costs for equipment
or instructional materials) that will be provided to
each individual, and
(E) the cost and terms specified under subparagraph
(D) are reasonable by market standards.
(3) Qualified training.--For purposes of this section, the
term ``qualified training'' means education or training which,
if completed, will provide the individual with--
(A) education or skills necessary to perform the
job for which such individual will be employed,
(B) education or skills necessary to obtain a
license required under Federal, State, or local
governmental regulation for the employment of the
individual in the job for which such individual will be
employed,
(C) a certificate or credential which is required
under Federal, State, or local governmental regulation
for the employment of the individual in the job for
which such individual will be employed, or
(D) a certificate or credential aligned with
national or regionally recognized industry standards
determined appropriate by the State.
(4) Job must be new job.--
(A) In general.--A State program will not be
treated as a State new manufacturing jobs training tax
credit program for purposes of this subsection unless
the program provides that, in order to be eligible to
participate, the employer must show with respect to
each eligible trainee that such eligible trainee is
hired for a job that--
(i) is a new job (which, for purposes of
this paragraph, may include a new position
within an existing job category), and not a job
of a recalled worker, a replacement job, or any
other job that existed in the employer's
business within the 1-year period preceding the
date of hire,
(ii) is not a job that existed in a
business operation or substantially similar
business operation of the employer formerly
located in another location which was closed or
substantially reduced by the employer, and
(iii) results in a net increase in
employment for the employer.
(B) Only u.s. employees taken into account.--For
purposes of subparagraph (A), only employees at job
sites located in the United States (including the
possessions of the United States) shall be taken into
account.
(5) Aggregation rules.--All persons treated as a single
employer under subsection (a) or (b) of section 52, or
subsection (m) or (o) of section 414 of the Internal Revenue
Code of 1986, shall be treated as a single employer for
purposes of this section.
(6) Cooperation with local workforce investment boards.--An
employer or eligible community college participating in a State
new manufacturing jobs training tax credit program may work
with local workforce investment boards established under
section 117 of the Workforce Investment Act of 1998 (29 U.S.C.
2832) in searching for individuals to hire and train through
such program.
(e) Eligible Trainee.--For purposes of this section, the term
``eligible trainee'' means an individual--
(1) who received qualified training through an eligible
community college pursuant to a contract that meets the
requirements of subsection (d)(2), under a State new
manufacturing jobs training tax credit program, and
(2) who is employed on a full-time basis, during the
quarter for which payment is made under subsection (a), by the
employer who was a party to such contract--
(A) at a job site located in the same State as the
eligible community college,
(B) at a wage that meets the requirements of
subsection (d)(2)(iii),
(C) in a job that meets the new job requirement of
subsection (d)(4), and
(D) in a job for which such qualified training is
required, either by law or regulation or by the
inherent requirements of the job.
(f) Eligible Manufacturing Employer.--For purposes of this section,
the term ``eligible manufacturing employer'' means any person--
(1) which employs individuals in the trade or business of
manufacturing,
(2) the manufacturing facilities of which are located in
the United States, and
(3) the primary business of which is classified in sector
31, 32, or 33 of the North American Industrial Classification
System.
(g) Appropriation.--Out of any sums in the Treasury not otherwise
appropriated, there are appropriated on an ongoing basis such sums as
are necessary to carry out this section.
(h) Remission of State Income Tax Withholdings Not Treated as
Payments for Training or Education.--In the case of an eligible
manufacturing employer, the amount of withheld State income tax which
is remitted by the employer to an eligible community college as
described in subsection (d)(1)(A) shall not be treated as an amount
paid or incurred by the employer for purposes of any credit or
deduction available under the Internal Revenue Code of 1986 to such
employer, but shall be treated as if such amount had been remitted to
the State in payment of income taxes owed by the employee.
(i) Tax Treatment of Payments With Respect to Eligible Trainee.--In
the case of an eligible trainee, neither--
(1) the amount of any withheld State income tax which is
remitted by an employer to an eligible community college as
described in subsection (d)(1)(A), nor
(2) the amount of any payment made under subsection (a),
shall be treated for purposes of the Internal Revenue Code of 1986 as
income of the eligible trainee. For purposes of determining the
deduction under section 164(a)(3) of such Code, amounts described in
paragraph (1) shall be treated as amounts paid for State income taxes
by the eligible trainee. | Twenty-First Century Manufacturing Skills and Jobs Act of 2014 - Directs the Secretary of the Treasury, on a quarterly basis, to make payments to an eligible community college in an amount equal to the aggregate new manufacturing job withholding matches for qualified training provided to job trainees who are U.S. citizens. Defines "qualified training" as education or training to provide an individual with the education or skills necessary to perform the job for which such individual will be employed or with licenses or certificates necessary for such employment. Requires that any job for which a trainee is hired be a new job. Defines "eligible community college" as a public institution of higher education: (1) at which the majority of degrees awarded are two-year associate's degrees that are acceptable for full credit toward a baccalaureate degree, (2) that is located in a state that has a state new manufacturing jobs tax credit program in effect, and (3) that participates in such program by having in effect a contract that meets requirements of such program. | {"src": "billsum_train", "title": "Twenty-First Century Manufacturing Skills and Jobs Act of 2014"} | 2,078 | 235 | 0.672628 | 2.027284 | 0.821099 | 5.138462 | 10.210256 | 0.912821 |
SECTION 1. RADIATION EXPOSURE COMPENSATION TECHNICAL AMENDMENTS.
(a) In General.--The Radiation Exposure Compensation Act (42 U.S.C.
2210 note) is amended--
(1) in section 4(b)(1)(C), by inserting ``, and that part
of Arizona that is north of the Grand Canyon'' after ``Gila'';
(2) in section 4(b)(2)--
(A) by striking ``lung cancer (other than in situ
lung cancer that is discovered during or after a post-
mortem exam),''; and
(B) by striking ``or liver (except if cirrhosis or
hepatitis B is indicated).'' and inserting ``liver
(except if cirrhosis or hepatitis B is indicated), or
lung.'';
(3) in section 5(a)(1)(A)(ii)(I), by inserting ``or worked
for at least 1 year during the period described under clause
(i)'' after ``months of radiation'';
(4) in section 5(a)(2)(A), by striking ``an Atomic Energy
Commission'' and inserting ``a'';
(5) in section 5(b)(5), by striking ``or lung cancer'';
(6) in section 5(c)(1)(B)(i), by striking ``or lung
cancer'';
(7) in section 5(c)(2)(B)(i), by striking ``or lung
cancer'';
(8) in section 6(e)--
(A) by striking ``The'' and inserting ``Except as
otherwise authorized by law, the''; and
(B) by inserting ``, mill, or while employed in the
transport of uranium ore or vanadium-uranium ore from
such mine or mill'' after ``radiation in a uranium
mine'';
(9) in section 6(i), by striking the second sentence;
(10) in section 6(j), by adding at the end the following:
``Not later than 180 days after the date of enactment of the
Radiation Exposure Compensation Act Amendments of 2000, the
Attorney General shall issue revised regulations to carry out
this Act.'';
(11) in section 6, by adding at the end the following:
``(m) Substantiation by Affidavits.--
``(1) In general.--The Attorney General shall take such
action as may be necessary to ensure that the procedures
established by the Attorney General under this section provide
that a substantiation may be made by an individual filing a
claim under those procedures by means of an affidavit described
under paragraph (2), in addition to any other material that may
be used to substantiate--
``(A) employment history for purposes of
determining working level months; or
``(B) the residence of an individual filing a claim
under section 4.
``(2) Affidavits.--An affidavit referred to under paragraph
(1) is an affidavit that--
``(A) meets such requirements as the Attorney
General may establish; and
``(B) is made by a person other than the individual
filing the claim that attests to the employment history
or residence of the claimant.'';
(12) in section 7, by amending subsection (b) to read as
follows:
``(b) Choice of Remedies.--No individual may receive more than 1
payment under this Act.''; and
(13) by adding at the end the following:
``SEC. 14. GAO REPORTS.
``(a) In General.--Not later than 18 months after the date of
enactment of the Radiation Exposure Compensation Act Amendments of
2000, and every 18 months thereafter, the General Accounting Office
shall submit a report to Congress containing a detailed accounting of
the administration of this Act by the Department of Justice.
``(b) Contents.--Each report submitted under this section shall
include an analysis of--
``(1) claims, awards, and administrative costs under this
Act; and
``(2) the budget of the Department of Justice relating to
this Act.''.
(b) Conforming Amendments.--Section 3 of the Radiation Exposure
Compensation Act Amendments of 2000 (Public Law 106-245) is amended by
striking subsections (e) and (i).
SEC. 2. COMPENSATION FOR CERTAIN CLAIMANTS UNDER THE RADIATION EXPOSURE
COMPENSATION ACT.
(a) In General.--Section 3630 of the Energy Employees Occupational
Illness Compensation Program Act of 2000, as enacted into law by Public
Law 106-398, is amended to read as follows:
``SEC. 3630. SEPARATE TREATMENT OF CERTAIN CLAIMANTS UNDER THE
RADIATION EXPOSURE COMPENSATION ACT.
``(a) Compensation Provided.--An individual who receives, or has
received, a payment under section 4 or 5 of the Radiation Exposure
Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act
(in this section referred to as a `covered individual'), or the
survivor of that covered individual if the individual is deceased,
shall receive compensation under this section in the amount of $50,000.
``(b) Medical Benefits.--A covered individual shall receive medical
benefits under section 3629 for the illness for which that individual
received a payment under section 4 or 5 of that Act.
``(c) Coordination With RECA.--The compensation and benefits
provided in subsections (a) and (b) are separate from any compensation
or benefits provided under that Act.
``(d) Payment From Compensation Fund.--The compensation provided
under this section, when authorized or approved by the President, shall
be paid from the compensation fund established under section 3612.
``(e) Survivors.--(1) Subject to the provisions of this section, if
a covered individual dies before the effective date specified in
subsection (g), whether or not the death is a result of the illness
specified in subsection (b), a survivor of that individual may, on
behalf of that survivor and any other survivors of that individual,
receive the compensation provided for under this section.
``(2) The right to receive compensation under this section shall be
afforded to survivors in the same order of precedence as that set forth
in section 8109 of title 5, United States Code.
``(f) Procedures Required.--The President shall establish
procedures to identify and notify each covered individual, or the
survivor of that covered individual if that individual is deceased, of
the availability of compensation and benefits under this section.
``(g) Effective Date.--This section shall take effect on July 31,
2001, unless Congress provides otherwise in an Act enacted before that
date.''.
(b) Technical and Conforming Amendments.--(1) The table of sections
for the Energy Employees Occupational Illness Compensation Program Act
of 2000 is amended by striking the item relating to section 3630 and
inserting the following:
``Sec. 3630. Separate treatment of certain claimants under
the Radiation Exposure Compensation Act.''.
(2) Section 3641 of the Energy Employees Occupational Illness
Compensation Program Act of 2000, as enacted into law by Public Law
106-398, is amended--
(A) by striking ``covered uranium employee'' and inserting
``covered individual''; and
(B) by adding at the end the following: ``Nothing in this
section shall be construed to offset any payment of
compensation under section 3630 and any payment under the
Radiation Exposure Compensation Act (42 U.S.C. 2210 note).''.
SEC. 3. RADIATION EXPOSURE COMPENSATION.
Section 3(e) of the Radiation Exposure Compensation Act (42 U.S.C.
2210 note) is amended--
(1) in the subsection heading by striking the first 2 words
and inserting ``Indefinite''; and
(2) by striking ``authorized to be''. | Amends the Radiation Exposure Compensation Act (Act) to: (1) revise specified geographic and illness eligibility criteria with respect to claims relating to atmospheric testing and uranium mining; and (2) make funding for the Radiation Exposure Compensation Trust Fund permanent.Requires periodic claims and budget reporting by the General Accounting Office with respect to Department of Justice administration of the Act.Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to: (1) provide a $50,000 payment plus medical benefits for a covered individual (or survivor) who has received an atmospheric testing or uranium mining payment under the Act; and (2) extend coverage to all covered individuals (currently covered uranium employees). | {"src": "billsum_train", "title": "To make technical amendments to the Radiation Exposure Compensation Act (42 U.S.C. 2210 note), provide compensation to certain claimants under such Act, and for other purposes."} | 1,851 | 156 | 0.450947 | 1.22121 | 0.663864 | 2.045113 | 11.834586 | 0.796992 |
SECTION 1. SALT CEDAR CONTROL.
(a) Findings.--Congress finds that--
(1) States are having increasing difficulty meeting their
obligations under interstate compacts to deliver water;
(2) it is in the best interest of States to minimize the
impact of and eradicate invasive species that extort water in
the Rio Grande watershed, the Pecos River, and other bodies of
water in the Southwest, such as the salt cedar, a noxious and
nonnative plant that can use 200 gallons of water a day; and
(3) as drought conditions and legal requirements relating
to water supply accelerate water shortages, innovative
approaches are needed to address the increasing demand for a
diminishing water supply.
(b) Definitions.--In this section:
(1) Control method.--
(A) In general.--The term ``control method'' means
a method of controlling salt cedar (Tamarix) or any
other nonnative phreatophyte.
(B) Inclusions.--The term ``control method''
includes the use of herbicides, mechanical means, and
biocontrols such as goats and insects.
(2) Demonstration project.--The term ``demonstration
project'' means a demonstration project carried out under this
section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(c) Program.--
(1) In general.--Not later than 1 year after the date on
which funds are made available to carry out this section, the
Secretary shall--
(A) complete a program of research, including a
review of past and ongoing research, concerning a
control method for use in--
(i) the Rio Grande watershed in the State
of New Mexico;
(ii) the Pecos River in the State of New
Mexico; and
(iii) other bodies of water in the States
of Arizona, Colorado, New Mexico, Texas, and
Utah that are affected by salt cedar or other
nonnative phreatophytes; and
(B) commence a demonstration program of the most
effective control methods.
(2) Available expertise.--
(A) In general.--In carrying out the programs under
paragraph (1), the Secretary shall use the expertise of
institutions of higher education and nonprofit
organizations--
(i) that are located in the States referred
to in paragraph (1)(A)(iii); and
(ii) that have been actively conducting
research or carrying out other activities
relating to the control of salt cedar.
(B) Inclusions.--Institutions of higher education
and nonprofit organizations under subparagraph (A)
include--
(i) Colorado State University;
(ii) Dine College in the State of New
Mexico;
(iii) Mesa State College in the State of
Colorado;
(iv) New Mexico State University;
(v) Northern Arizona University;
(vi) Texas A&M University;
(vii) University of Arizona;
(viii) Utah State University; and
(ix) WERC: A Consortium for Environmental
Education and Technology Development.
(d) Federal Expense.--The research and demonstration program under
subsection (c) shall be carried out at full Federal expense.
(e) Consultation.--The activities under this section shall be
carried out in consultation with--
(1) the Secretary of Agriculture;
(2) the Secretary of the Interior;
(3) the Governors of the States of Arizona, Colorado, New
Mexico, Texas, and Utah;
(4) tribal governments; and
(5) the heads of other Federal, State, and local agencies,
as appropriate.
(f) Research.--To the maximum extent practicable, the research
shall focus on--
(1) supplementing and integrating information from past and
ongoing research concerning control of salt cedar and other
nonnative phreatophytes;
(2) gathering experience from past eradication and control
projects;
(3) arranging relevant data from available sources into
formats so that the information is accessible and can be
effectively brought to bear by land managers in the restoration
of the Rio Grande watershed;
(4) using control methods to produce water savings; and
(5) identifying long-term management and funding approaches
for control of salt cedar and watershed restoration.
(g) Demonstration Projects.--
(1) In general.--The Secretary shall carry out not fewer
than 10 demonstration projects, of which not fewer than 2 shall
be carried out in each of the States referred to in subsection
(c)(1)(A)(iii).
(2) Cost.--Each demonstration project shall be carried out
at a cost of not more than $7,000,000, including costs of
planning, design, and implementation.
(3) Relationship to other control projects.--Each
demonstration project shall be coordinated with control
projects being carried out as of the date of enactment of this
Act by other Federal, State, tribal, or local entities.
(4) Period of project implementation.--Each demonstration
project shall be carried out--
(A) during a period of not less than 2 but not more
than 5 years, depending on the control method selected;
and
(B) in a manner designed to determine the time
period required for optimum use of the control method.
(5) Design.--
(A) Control methods.--Of the demonstration
projects--
(i) at least 1 demonstration project shall
use primarily 1 or more herbicides;
(ii) at least 1 demonstration project shall
use primarily mechanical means;
(iii) at least 1 demonstration project
shall use a biocontrol such as goats or
insects; and
(iv) each other demonstration project may
use any 1 or more control methods.
(B) Measurement of costs and benefits.--Each
demonstration project shall be designed to measure all
costs and benefits associated with each control method
used by the demonstration project, including
measurement of water savings.
(6) Monitoring and maintenance.--After completion, each
demonstration project shall be monitored and maintained for a
period of not more than 5 years, at a cost of not more than
$100,000 per demonstration project per year.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $10,000,000 for fiscal year 2003; and
(2) such sums as are necessary for each of fiscal years
2004 through 2007. | Directs the Secretary of the Army, acting through the Chief of Engineers, to: (1) complete a program of research on a method of controlling salt cedar and other nonnative phreatophytes (control method) for use in the Rio Grande watershed and the Pecos River in New Mexico and other affected bodies of water in Arizona, Colorado, New Mexico, Texas, and Utah; and (2) commence a demonstration program of the most effective control methods.Requires the Secretary to carry out at least ten demonstration projects, of which: (1) not less than two shall be carried out in each State specified above; (2) at least one shall use primarily one or more herbicides; (3) at least one shall use primarily mechanical means; (4) at least one shall use a biocontrol such as goats or insects; and (5) the others shall use any one or more control methods. Requires each project to: (1) be designed to measure all costs and benefits associated with each control method used, including water savings; and (2) be monitored and maintained for a period of at least five years, at a cost of not more than $100,000 per project per year, after completion. | {"src": "billsum_train", "title": "A bill to direct the Secretary of the Army to carry out a research and demonstration program concerning control of salt cedar and other nonnative phreatophytes."} | 1,381 | 254 | 0.64916 | 2.101057 | 0.903144 | 4.080169 | 5.345992 | 0.940928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Mental Health
Accessibility Act of 2012''.
SEC. 2. EXPANDING THE MEDICAID HOME AND COMMUNITY-BASED SERVICES WAIVER
TO INCLUDE YOUTH IN NEED OF SERVICES PROVIDED IN A
PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY.
(a) In General.--Section 1915(c) of the Social Security Act (42
U.S.C. 1396n(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``a hospital or a nursing facility
or intermediate care facility for the mentally
retarded'' and inserting ``a hospital, a nursing
facility, an intermediate care facility for the
intellectually disabled, or a psychiatric residential
treatment facility,''; and
(B) by striking ``a hospital, nursing facility, or
intermediate care facility for the mentally retarded''
and inserting ``a hospital, nursing facility,
intermediate care facility for the intellectually
disabled, or psychiatric residential treatment
facility'';
(2) in paragraph (2)(B), by striking ``or services in an
intermediate care facility for the mentally retarded'' each
place it appears and inserting ``services in an intermediate
care facility for the intellectually disabled, or services in a
psychiatric residential treatment facility'';
(3) in paragraph (2)(C)--
(A) by striking ``or intermediate care facility for
the mentally retarded'' and inserting ``intermediate
care facility for the intellectually disabled, or
psychiatric residential treatment facility''; and
(B) by striking ``or services in an intermediate
care facility for the mentally retarded'' and inserting
``services in an intermediate care facility for the
intellectually disabled, or services in a psychiatric
residential treatment facility'';
(4) in paragraph (7)(A), by striking ``or intermediate care
facilities for the mentally retarded,'' and inserting
``intermediate care facilities for the intellectually disabled,
or psychiatric residential treatment facilities,''; and
(5) by adding at the end the following new paragraph:
``(11) For purposes of this subsection, the term `psychiatric
residential treatment facility' means a facility other than a hospital
that is certified as meeting the requirements specified in regulations
promulgated for such facilities under section 1905(h)(1) and that
provides psychiatric services in an inpatient setting to individuals
under age 21 for which medical assistance is available under a State
plan under this title.''.
(b) Waiver Limitation.--Section 1915(c) of such Act, as amended by
subsection (a), is further amended--
(1) in paragraph (2)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(F) under the waiver, the total number of Medicaid
inpatient bed days at psychiatric residential treatment
facilities during each fiscal year within the waiver period
will not exceed the total number of Medicaid inpatient bed days
at such facilities for the previous fiscal year as increased by
the estimated percentage increase (if any) in the population of
individuals under age 21 residing in the State over the
preceding 12-month period; and
``(G) the State will provide to the Secretary annually,
subject to such requirements as the Secretary determines
appropriate, relevant information and evidence as to the manner
in which the State will satisfy the requirements described in
subparagraph (F).''; and
(2) by adding at the end the following new paragraph:
``(12) For purposes of paragraph (2)(F), an individual who is under
age 21 and is an inpatient in a bed in a psychiatric residential
treatment facility for a single day shall be counted as one inpatient
bed day.''.
SEC. 3. APPLICATION OF ROSA'S LAW FOR INDIVIDUALS WITH INTELLECTUAL
DISABILITIES.
(a) References in the Social Security Act.--
(1) In general.--With the exception of section 1930(b) of
the Social Security Act (42 U.S.C. 1396u(b)), such Act, as
amended by section 2, is further amended--
(A) by striking, wherever it appears, ``State
mental retardation or developmental disability
authority'' and inserting ``State intellectual
disability or developmental disability authority'';
(B) by striking, wherever it appears, ``mental
retardation'' and inserting ``intellectual
disabilities''; and
(C) by striking, wherever it appears, ``mentally
retarded'' and inserting ``intellectually disabled''.
(2) Conforming amendment.--
(A) In general.--Section 1902(e)(14)(F) of such
Act, as added by section 2002(a) of Public Law 111-148,
is amended by striking ``mentally retarded'' and
inserting ``intellectually disabled''.
(B) Effective date.--The amendment made under
subparagraph (A) shall take effect on January 2, 2014.
(b) References.--
(1) In general.--For purposes of each provision amended by
this Act, issuing or amending regulations to carry out a
provision amended by this Act, or issuing any publication or
other official communication in regards to any provision of the
Social Security Act--
(A) a reference to an intellectual disability shall
mean a condition previously referred to as mental
retardation, or a variation of such term, and shall
have the same meaning with respect to programs, or
qualifications for such programs, for individuals with
such a condition;
(B) a reference to an individual who is
intellectually disabled shall mean an individual who
was previously referred to as an individual who is
mentally retarded, an individual with mental
retardation, or variations of such terms;
(C) a reference to an intermediate care facility
for the intellectually disabled shall mean a facility
that was previously referred to as an intermediate care
facility for the mentally retarded; and
(D) a reference to a State intellectual disability
or developmental disability authority shall mean an
entity that was previously referred to as a State
mental retardation or developmental disability
authority.
(2) Regulations.--For purposes of amending regulations to
carry out this Act, a Federal agency shall ensure that the
regulations clearly state--
(A) that an intellectual disability was formerly
termed mental retardation;
(B) that individuals with intellectual disabilities
were formerly termed individuals who are mentally
retarded;
(C) that an intermediate care facility for the
intellectually disabled was formerly termed an
intermediate care facility for the mentally retarded;
and
(D) that a State intellectual disability or
developmental disability authority was formerly termed
a State mental retardation or developmental disability
authority.
(c) Rule of Construction.--This Act shall be construed to make
amendments to provisions of Federal law to substitute the term
``intellectual disability'' for ``mental retardation'' or any variation
of such term without any intent to--
(1) change the coverage, eligibility, rights,
responsibilities, or definitions referred to in the amended
provisions; or
(2) compel States to change terminology in State laws for
individuals covered by a provision amended by this Act. | Children's Mental Health Accessibility Act of 2012 - Amends title XIX (Medicaid) of the Social Security Act to: (1) expand the Medicaid home and community-based services waiver to include youth in need of services provided in a psychiatric residential treatment facility; (2) limit, under the waiver, the total number of Medicaid inpatient bed days at psychiatric residential treatment facilities during each fiscal year to the total number for the previous fiscal year as increased by the estimated percentage increase (if any) in the population of individuals under 21 residing in the state over the preceding 12-month period; and (3) change references to mental retardation to references to an intellectual disability. | {"src": "billsum_train", "title": "A bill to expand the Medicaid home and community-based services waiver to include young individuals who are in need of services that would otherwise be required to be provided through a psychiatric residential treatment facility, and to change references in Federal law to mental retardation to references to an intellectual disability."} | 1,704 | 147 | 0.568321 | 1.391766 | 0.611503 | 6.099237 | 11.312977 | 0.969466 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wasatch Range Recreation Access
Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Canyons Ski Resort and Solitude Mountain Resort and
other ski areas are interested in providing direct public
access between the Wasatch Range front and back in the State of
Utah by linking these ski resorts by means of a transportation
connection, such as skier transport, lift, or tramway.
(2) The seven ski resorts in the Wasatch Range in Utah are
situated within a 5-mile radius, and the resorts are separated
by mountain ridges and other natural features of the Uinta-
Wasatch-Cache National Forest, but currently there is no
convenient transportation link between the resorts.
(3) Wasatch Mountains Resorts have proposed a public-access
transportation connection through construction of a minimally
invasive transportation alternative gondola for skiers, called
``SkiLink'', which would cross approximately 30 acres of lands
managed by the Uinta-Wasatch-Cache National Forest from private
land at The Canyons Ski Resort in Summit County, Utah, to
private land at Solitude Mountain Resort in Big Cottonwood
Canyon, Utah.
(4) The land and resource management plan for Uinta-
Wasatch-Cache National Forest prohibits new alpine ski lifts on
National Forest System land.
(5) Despite efforts by Utah Department of Transportation,
the Wasatch Front Regional Council, and the Utah Transit
Authority to increase transit and carpool access in Big
Cottonwood Canyon, daily traffic on peak winter weekends ranges
between 8,000 and 9,000 vehicles per day. Addressing congested
traffic conditions in the Wasatch Canyons is important for the
safety, health, and economy of the Wasatch Range front and
back.
(6) Studies show that the establishment of the SkiLink
would reduce ski-season vehicle traffic between The Canyons Ski
Resort and Solitude Mountain Resort by as much as 18,000 cars
per year or 1 million fewer miles driven per year, and the
amount of the reduction is expected to increase over time.
(7) SkiLink would produce immediate traffic benefits,
including a reduction in PM 2.5 and other emissions in Parley's
and Big Cottonwood Canyons.
(8) A preliminary environmental review of the proposed
SkiLink corridor assessed the potential impact to special-
status species, water quality and watershed resources, and
visual resources and found that no federally listed species or
critical habitat would be affected and that any water, plant,
and wildlife issues could be addressed through mitigation.
(9) Minimally invasive, environmentally sound construction
techniques would be used to construct SkiLink, including the
use of helicopters for concrete placement and tower
installations.
(10) The winter sport industry in Utah is a significant
contributor to the economy of Utah, with the ski/snowboarding
industry bringing $1.26 billion to Utah during the 2009/2010
ski season and resulting in 20,000 jobs.
(11) Economic analysis of SkiLink shows it would infuse
another $50,000,000 a year into Utah's economy and create 500
new jobs in the tourism and hospitality industries by creating
the largest interconnected ski network in the United States and
providing access to more than 6,000 acres of existing ski
terrain.
SEC. 3. CONVEYANCE OF NATIONAL FOREST SYSTEM LAND, UINTA-WASATCH-CACHE
NATIONAL FOREST, SALT LAKE COUNTY, UTAH.
(a) Conveyance Required; Purpose.--Subject to subsection (e), the
Secretary of Agriculture shall convey, by sale, to Canyons-SkiLink,
LLC, all right, title, and interest of the United States in and to a
parcel of National Forest System land in the Uinta-Wasatch-Cache
National Forest in Salt Lake County, Utah, consisting of approximately
30 acres, as identified on the map entitled ``Wasatch Range Recreation
Access Enhancement Act'' and dated February 27, 2012, for the purpose
of permitting Canyons-SkiLink, LLC, to construct a ski-lift, gondola,
or tramway to serve as a public-access transportation interconnection
of the Wasatch Front and the Wasatch Back Mountains.
(b) Consideration.--As consideration for the conveyance of the
National Forest System land under subsection (a), Canyons-SkiLink, LLC,
shall pay to the Secretary an amount equal to at least the fair market
value of the land as of the date of the enactment of this Act. Any
funds received by the Secretary under this Act shall be deposited in
the general fund of the Treasury to reduce the Federal deficit.
(c) Determination of Fair Market Value.--The fair market value of
the National Forest System land to be conveyed under subsection (a)
shall be based on an appraisal acceptable to the Secretary. The
appraisal shall be completed no later than 6 months after the date of
the enactment of this Act.
(d) Environmental Compliance.--The Secretary shall complete all
actions that may be required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and all other applicable laws in making
the conveyance under this section. | Wasatch Range Recreation Access Enhancement Act - Directs the Secretary of Agriculture (USDA) to convey, by sale, a specified parcel of National Forest System land within the Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, to Canyons-SkiLink, LLC, to allow it to construct a ski-lift, gondola, or tramway to serve as a public-access transportation interconnection of the Wasatch Front and the Wasatch Back Mountains.
Requires Canyons-SkiLink to pay to the Secretary an amount that is equal to at least the fair market value of such land. Requires the deposit of any funds received by the Secretary under this Act in the general Treasury fund to reduce the federal deficit.
Requires the fair market value of the National Forest System land to be conveyed under this Act to be determined based on an appraisal that is acceptable to the Secretary.
Instructs the Secretary to complete all actions that may be required under the National Environmental Policy Act of 1969 (NEPA), the Endangered Species Act of 1973, and all other applicable laws in making the conveyance under this Act. | {"src": "billsum_train", "title": "To provide for the sale of approximately 30 acres of Federal land in Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, to permit the establishment of a minimally invasive transportation alternative for skiers, called \"SkiLink\", to connect two ski resorts in the Wasatch Mountains, and for other purposes."} | 1,161 | 256 | 0.527724 | 1.825904 | 0.686306 | 5.478673 | 4.909953 | 0.947867 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Terrorism Risk
Insurance Program Reauthorization Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of act of terrorism.
Sec. 3. Reauthorization of the Program.
Sec. 4. Annual liability cap.
Sec. 5. Enhanced reports to Congress.
SEC. 2. DEFINITION OF ACT OF TERRORISM.
Section 102(1)(A)(iv) of the Terrorism Risk Insurance Act of 2002
(15 U.S.C. 6701 note) is amended by striking ``acting on behalf of any
foreign person or foreign interest''.
SEC. 3. REAUTHORIZATION OF THE PROGRAM.
(a) Termination Date.--Section 108(a) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking
``2007'' and inserting ``2014''.
(b) Additional Program Years.--Section 102(11) of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding
at the end the following:
``(G) Additional program years.--Except when used
as provided in subparagraphs (B) through (F), the term
`Program Year' means, as the context requires, any of
Program Year 1, Program Year 2, Program Year 3, Program
Year 4, Program Year 5, or any of calendar years 2008
through 2014.''.
(c) Conforming Amendments.--The Terrorism Risk Insurance Act of
2002 (15 U.S.C. 6701 note) is amended--
(1) in section 102(7)(F)--
(A) by inserting ``and each Program Year
thereafter'' before ``, the value''; and
(B) by striking ``preceding Program Year 5'' and
inserting ``preceding that Program Year'';
(2) in section 103(e)(1)(A), by inserting ``and each
Program Year thereafter'' after ``Year 5'';
(3) in section 103(e)(1)(B)(ii), by inserting before the
period at the end ``and any Program Year thereafter'';
(4) in section 103(e)(2)(A), by striking ``of Program Years
2 through 5'' and inserting ``Program Year thereafter'';
(5) in section 103(e)(3), by striking ``of Program Years 2
through 5,'' and inserting ``other Program Year''; and
(6) in section 103(e)(6)(E), by inserting ``and any Program
Year thereafter'' after ``Year 5''.
SEC. 4. ANNUAL LIABILITY CAP.
(a) In General.--Section 103(e)(2) of the Terrorism Risk Insurance
Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in subparagraph (A)--
(A) by striking ``(until such time as the Congress
may act otherwise with respect to such losses)''; and
(B) in clause (ii), by striking ``that amount'' and
inserting ``the amount of such losses''; and
(2) in subparagraph (B), by inserting before the period at
the end ``, except that, notwithstanding paragraph (1) or any
other provision of Federal or State law, no insurer may be
required to make any payment for insured losses in excess of
its deductible under section 102(7) combined with its share of
insured losses under paragraph (1)(A) of this subsection''.
(b) Notice to Congress.--Section 103(e)(3) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by adding at the end the following: ``The Secretary
shall provide an initial notice to Congress not later than 15
days after the date of an act of terrorism, stating whether the
Secretary estimates that aggregate insured losses will exceed
$100,000,000,000.''; and
(2) by striking ``and the Congress shall'' and all that
follows through the end of the paragraph and inserting a
period.
(c) Regulations for Pro Rata Payments; Report to Congress.--Section
103(e)(2)(B) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C.
6701 note) is amended--
(1) by striking ``For purposes'' and inserting the
following:
``(i) In general.--For purposes''; and
(2) by adding at the end the following:
``(ii) Regulations.--Not later than 240
days after the date of enactment of the
Terrorism Risk Insurance Program
Reauthorization Act of 2007, the Secretary
shall issue final regulations for determining
the pro rata share of insured losses under the
Program when insured losses exceed
$100,000,000,000, in accordance with clause
(i).
``(iii) Report to congress.--Not later than
120 days after the date of enactment of the
Terrorism Risk Insurance Program
Reauthorization Act of 2007, the Secretary
shall provide a report to the Committee on
Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services
of the House of Representatives describing the
process to be used by the Secretary for
determining the allocation of pro rata payments
for insured losses under the Program when such
losses exceed $100,000,000,000.''.
(d) Disclosure.--Section 103(b) of the Terrorism Risk Insurance Act
of 2002 (15 U.S.C. 6701 note) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) in the case of any policy that is issued after the
date of enactment of the Terrorism Risk Insurance Program
Reauthorization Act of 2007, the insurer provides clear and
conspicuous disclosure to the policyholder of the existence of
the $100,000,000,000 cap under subsection (e)(2), at the time
of offer, purchase, and renewal of the policy;''.
SEC. 5. ENHANCED REPORTS TO CONGRESS.
(a) Study and Report on Insurance for Nuclear, Biological,
Chemical, and Radiological Terrorist Events.--Section 108 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended
by adding at the end the following:
``(f) Insurance for Nuclear, Biological, Chemical, and Radiological
Terrorist Events.--
``(1) Study.--The Comptroller General of the United States
shall examine--
``(A) the availability and affordability of
insurance coverage for losses caused by terrorist
attacks involving nuclear, biological, chemical, or
radiological materials;
``(B) the outlook for such coverage in the future;
and
``(C) the capacity of private insurers and State
workers compensation funds to manage risk associated
with nuclear, biological, chemical, and radiological
terrorist events.
``(2) Report.--Not later than 1 year after the date of
enactment of the Terrorism Risk Insurance Program
Reauthorization Act of 2007, the Comptroller General shall
submit to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives a report containing a detailed
statement of the findings under paragraph (1), and
recommendations for any legislative, regulatory,
administrative, or other actions at the Federal, State, or
local levels that the Comptroller General considers appropriate
to expand the availability and affordability of insurance for
nuclear, biological, chemical, or radiological terrorist
events.''.
(b) Study and Report on Availability and Affordability of Terrorism
Insurance in Specific Markets.--Section 108 of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the
end the following:
``(g) Availability and Affordability of Terrorism Insurance in
Specific Markets.--
``(1) Study.--The Comptroller General of the United States
shall conduct a study to determine whether there are specific
markets in the United States where there are unique capacity
constraints on the amount of terrorism risk insurance
available.
``(2) Elements of study.--The study required by paragraph
(1) shall contain--
``(A) an analysis of both insurance and reinsurance
capacity in specific markets, including pricing and
coverage limits in existing policies;
``(B) an assessment of the factors contributing to
any capacity constraints that are identified; and
``(C) recommendations for addressing those capacity
constraints.
``(3) Report.--Not later than 180 days after the date of
enactment of the Terrorism Risk Insurance Program
Reauthorization Act of 2007, the Comptroller General shall
submit a report on the study required by paragraph (1) to the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives.''.
(c) Ongoing Reports.--Section 108(e) of the Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``ongoing'' before ``analysis'';
and
(B) by striking ``, including'' and all that
follows through the end of the paragraph, and inserting
a period; and
(2) in paragraph (2)--
(A) by inserting ``and thereafter in 2010 and
2013,'' after ``2006,''; and
(B) by striking ``subsection (a)'' and inserting
``paragraph (1)''. | Terrorism Risk Insurance Program Reauthorization Act of 2007 - (Sec. 2) Amends the Terrorism Risk Insurance Act to revise the definition of an act of terrorism for terrorism risk insurance purposes to eliminate the requirement that the individual or individuals committing a terrorist act be acting on behalf of any foreign person or foreign interest.
Extends the Terrorism Risk Insurance Program through calendar 2014.
(Sec. 4) States that no insurer may be required to make payment for insured losses in excess of its statutory deductible, combined with its statutory share of insured losses.
Requires the Secretary of the Treasury to: (1) notify Congress within 15 days of an act of terrorism on whether the Secretary estimates that aggregate insured losses will exceed $100 billion; (2) promulgate final regulations for determining the pro rata share of insured losses which exceed $100 billion; and (3) report to Congress on the process used to determine the allocation of pro rata payments when insured losses exceed $100 billion.
Requires insurers to disclose to policyholders the $100 billion cap on liability.
(Sec. 5) Directs the Comptroller General to study and report to certain congressional committees regarding: (1) the availability and affordability of insurance coverage for losses caused by terrorist attacks involving nuclear, biological, chemical, or radiological materials; (2) the outlook for such coverage in the future; (3) the capacity of private insurers and state workers compensation funds to manage risk associated with such events; and (4) whether there are specific markets in the United States with unique capacity constraints on the amount of terrorism risk insurance available. | {"src": "billsum_train", "title": "An original bill to reauthorize the Federal terrorism risk insurance program, and for other purposes."} | 2,239 | 344 | 0.525739 | 1.589816 | 0.73615 | 3.646302 | 6.215434 | 0.900322 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Professionals Substance Abuse
Education Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Illegal drugs and alcohol are responsible for thousands
of deaths each year, and they fuel the spread of a number of
communicable diseases, including AIDS and Hepatitis C, as well
as some of the worst social problems in the United States,
including child abuse, domestic violence, and sexual assault.
(2) There are an estimated 14,800,000 current drug users in
America, more than 4,000,000 of whom are addicts. An estimated
14,000,000 Americans abuse alcohol or are alcoholic.
(3) There is a significant treatment gap in the United
States. Nearly 4,000,000 drug users who are in need of
immediate treatment are not receiving it. This includes more
than 1,200,000 children ages 12 to 25. These numbers do not
take into account the number of alcoholics in need of
treatment.
(4) There are more than 28,000,000 children of alcoholics
in America, almost 11,000,000 of whom are under 18 years of
age. Countless other children are affected by substance abusing
parents or other caretakers. Health professionals are uniquely
positioned to help reduce or prevent alcohol and other drug-
related impairment by identifying affected families and youth
and by providing early intervention.
(5) Drug addiction is a chronic relapsing disease. As with
other chronic relapsing diseases (such as diabetes,
hypertension and asthma), there is no cure, although a number
of treatments can effectively control the disease. According to
an article published in the Journal of the American Medical
Association, treatment for addiction works just as well as
treatment for other chronic relapsing diseases.
(6) Drug treatment is cost effective, even when compared
with residential treatment, the most expensive type of
treatment. Residential treatment for cocaine addiction costs
between $15,000 and $20,000 a year, a substantial savings
compared to incarceration (costing nearly $40,000 a year), or
untreated addiction (costing more than $43,000 a year). Also,
in 1998, substance abuse and addiction accounted for
approximately $10,000,000,000 in Federal, State, and local
government spending simply to maintain the child welfare
system. The economic costs associated with fetal alcohol
syndrome were estimated at $1,900,000,000 for 1992.
(7) Many doctors and other health professionals are
unprepared to recognize substance abuse in their patients or
their families and intervene in an appropriate manner. Only 56
percent of residency programs have a required curriculum in
preventing or treating substance abuse.
(8) Fewer than 1 in 5 doctors (only 19 percent) feel
confident about diagnosing alcoholism, and only 17 percent feel
qualified to identify illegal drug use.
(9) Most doctors who are in a position to make a diagnosis
of alcoholism or drug addiction do not believe that treatment
works (less than 4 percent for alcoholism and only 2 percent
for drugs).
(10) According to a survey by the National Center on
Addiction and Substance Abuse at Columbia University (referred
to in this section as ``CASA''), 94 percent of primary care
physicians and 40 percent of pediatricians presented with a
classic description of an alcoholic or drug addict,
respectively, failed to properly recognize the problem.
(11) Another CASA report revealed that fewer than 1 percent
of doctors presented with the classic profile of an alcoholic
older woman could diagnose it properly. Eighty-two percent
misdiagnosed it as depression, some treatments for which are dangerous
when taken with alcohol.
(12) Training can greatly increase the degree to which
medical and other health professionals screen patients for
substance abuse. It can also increase the manner by which such
professionals screen children and youth who may be impacted by
the addiction of a parent or other primary caretaker. Boston
University Medical School researchers designed and conducted a
seminar on detection and brief intervention of substance abuse
for doctors, nurses, physician's assistants, social workers and
psychologists. Follow-up studies reveal that 91 percent of
those who participated in the seminar report that they are
still using the techniques up to 5 years later.
(13) According to the National Clearinghouse for Alcohol
and Drug Information, drug and alcohol abuse account for more
than $400,000,000,000 in health care costs each year. Arming
health care professionals with the information they need in
order to intervene and prevent further substance abuse could
lead to a significant cost savings.
(14) A study conducted by doctors at the University of
Wisconsin found a $947 net savings patient in health care,
accident, and criminal justice costs for each individual
screened and, if appropriate, for whom intervention was made,
with respect to alcohol problems.
(b) Purpose.--It is the purpose of this Act to--
(1) improve the ability of health care professionals to
identify and assist their patients with substance abuse;
(2) improve the ability of health care professionals to
identify and assist children and youth affected by substance
abuse in their families; and
(3) help establish an infrastructure to train health care
professionals about substance abuse issues.
SEC. 3. HEALTH PROFESSION EDUCATION.
(a) Secretary of Health and Human Services.--The Secretary of
Health and Human Services may enter into interagency agreements with
the Health Resources Services Administration or the Substance Abuse and
Mental Health Services Administration to enable each such
Administration to carry out activities to train health professionals
(who are generalists and not already specialists in substance abuse) so
that they are competent to--
(1) recognize substance abuse in their patients or the
family members of their patients;
(2) intervene, treat, or refer for treatment those
individuals who are affected by substance abuse;
(3) identify and assist children of substance abusing
parents; and
(4) serve as advocates and resources for community-based
substance abuse prevention programs.
(b) Use of Funds.--Amounts received under an interagency agreement
under this section shall be used--
(1) with respect to the Health Resources and Services
Administration, to support the Association for Medical
Education and Research in Substance Abuse (AMERSA)
Interdisciplinary Project; and
(2) with respect to the Substance Abuse and Mental Health
Services Administration, to support the Addiction Technology
Transfer Centers counselor training programs to train other
health professionals.
(c) Collaboration.--To be eligible to enter into an interagency
agreement under this section the Health Resources and Services
Administration or the Substance Abuse and Mental Health Services
Administration shall demonstrate that such Administration will
participate in interdisciplinary collaboration and collaborate with
other nongovernmental organizations with respect to activities carried
out under this section.
(d) Evaluations.--The Health Resources and Services Administration
and the Substance Abuse and Mental Health Services Administration shall
conduct a process and outcome evaluation of the programs and activities
carried out with funds received under this section, and shall provide
semi-annual reports to the Secretary of Health Human Services and the
Director of the Office of National Drug Control Policy.
(e) Definitions.--In this section--
(1) the term ``health professional'' means a doctor, nurse,
physician assistant, nurse practitioner, social worker,
psychologist, pharmacist, osteopath, or other individual who is
licensed, accredited, or certified under State law to provide
specified health care services and who is operating within the
scope of such licensure, accreditation, or certification; and
(2) the terms ``doctor'', ``nurse'', ``physician
assistant'', ``nurse practitioner'', ``social worker'',
``psychologist'', ``pharmacist'', and ``osteopath'' shall have
the meanings given such terms for purposes of titles VII and
VIII of the Public Health Service Act (42 U.S.C. 292 et seq and
296 et seq.).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,500,000 for each of fiscal
years 2002 through 2006, of which $1,000,000 in each such fiscal year
shall be made available to the Substance Abuse and Mental Health
Services Administration and $4,500,000 in each such fiscal year shall
be made available to the Health Resources and Services Administration,
to carry out this section. Amounts made available under this subsection
shall be used to supplement and not supplant amounts being used on the
date of enactment of this Act for activities of the types described in
this section.
SEC. 4. SUBSTANCE ABUSE FACULTY FELLOWSHIP.
(a) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish and
administer a substance abuse faculty fellowship program under which the
Secretary shall provide assistance to eligible institutions to enable
such institutions to employ individuals to serve as faculty and provide
substance abuse training in a multi-discipline manner.
(b) Eligibility.--
(1) Institutions.--To be eligible to receive assistance
under this section, an institution shall--
(A) be an accredited medical school or nursing
school, or be an institution of higher education that
offers one or more of the following--
(i) an accredited physician assistant
program;
(ii) an accredited nurse practitioner
program;
(iii) a graduate program in pharmacy;
(iv) a graduate program in public health;
(v) a graduate program in social work; or
(vi) a graduate program in psychology; and
(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
(2) Individuals.--To be eligible to receive a fellowship
from an eligible institution under this section, an individual
shall prepare and submit to the institution an application at
such time, in such manner, and containing such information as
the institution may require.
(c) Use of Funds.--
(1) In general.--An eligible institution shall utilize
assistance received under this section to provide one or more
fellowships to eligible individuals. Such assistance shall be
used to pay not to exceed 50 percent of the annual salary of
the individual under such a fellowship for a 5-year period.
(2) Fellowships.--Under a fellowship under paragraph (1),
an individual shall--
(A) devote a substantial number of teaching hours
to substance abuse issues (as part of both required and
elective courses) at the institution involved during
the period of the fellowship; and
(B) attempt to incorporate substance abuse issues
into the required curriculum of the institution in a
manner that is likely to be sustained after the period
of the fellowship ends.
Courses described in this paragraph should by taught as part of
several different health care training programs at the
institution involved.
(3) Evaluations.--The Secretary shall conduct a process and
outcome evaluation of the programs and activities carried out
with amounts appropriated under this section and shall provide
semi-annual reports to the Director of the Office of National
Drug Control Policy and the Secretary of Health and Human
Services.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $3,500,000 for each of the
fiscal years 2002 through 2006. Amounts made available under this
subsection shall be used to supplement and not supplant amounts being
used on the date of enactment of this Act for activities of the types
described in this section.
SEC. 5. OVERSIGHT COMMITTEE.
(a) In General.--The Director of the Office of National Drug
Control Policy shall convene an interagency oversight committee,
composed of representatives of the Health Resources and Services
Administration, as well as the National Institute on Drug Abuse, the
National Institute on Alcohol Abuse and Alcoholism, the Substance Abuse
and Mental Health Services Administration, and the National Institute
on Mental Health, and non-governmental organizations determined to be
experts in the field of substance abuse, to receive updates concerning
and coordinate the Federal activities funded under this Act and the
activities of various Federal agencies, toward the goal of educating
health professionals about substance abuse.
(b) Meetings.--The interagency oversight committee established
under subsection (a) shall meet at least twice each year at the call of
the Director of the Office of National Drug Control Policy. | Health Professionals Substance Abuse Education Act - Authorizes the Secretary of Health and Human Services to enter into interagency agreements with the Health Resources Services Administration (Association for Medical Education and Research in Substance Abuse Interdisciplinary Project) or the Substance Abuse and Mental Health Services Administration (Addiction Technology Transfer Centers counselor training programs) to carry out training activities for health professionals concerning the diagnosis, intervention, treatment, treatment referral, and prevention program advocacy with respect to substance abuse.Directs the Secretary to establish and administer a substance abuse faculty fellowship program to provide assistance to enable eligible institutions to employ individuals to serve as faculty and provide substance abuse training in a multi-disciplinary manner.Requires the Director of the Office of National Drug Control Policy to convene an interagency oversight committee to coordinate Federal activities concerning substance abuse training for health professionals. | {"src": "billsum_train", "title": "To educate health professionals concerning substance abuse and addiction."} | 2,618 | 180 | 0.311412 | 0.881907 | 0.641907 | 4.194805 | 16.233766 | 0.961039 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Arbitration
Enforcement Act of 1999''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Arbitration is an efficient and flexible dispute
resolution mechanism of great benefit to United States persons
doing business internationally.
(2) In some countries, particularly those with undeveloped
or inconsistent judicial systems, international arbitration may
be the only fair and reliable dispute resolution mechanism
available to United States persons.
(3) The usefulness of international arbitration depends in
large measure on the commitment of foreign states to enforce
foreign arbitral awards pursuant to their accession to, and
observance of, the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards.
(4) United States persons are often without remedies when
foreign states violate the Convention by refusing to enforce
foreign arbitral awards or by otherwise impairing the ability
to collect the awards by improperly delaying their enforcement.
(5) It is in the interest of the United States to maintain
the reliability of international arbitration, to promote the
observance of the Convention, and to protect United States
persons from economic injury resulting from violations of the
Convention by foreign states.
(6) Similarly, it would be unjust to permit a foreign state
to be shielded from liability in the United States for the
damages suffered by a United States person abroad resulting
from a violation of the Convention by the foreign state.
(7) It is therefore in the national interest to create a
judicial remedy in favor of United States persons injured as a
result of a violation of the Convention by a foreign state and
to facilitate the execution of any judgment entered in such an
action.
SEC. 3. PURPOSE.
The purpose of this Act is to create a civil remedy against foreign
states whose violation of the Convention injures United States persons
by prohibiting the enforcement of foreign arbitral awards entered in
favor of such United States persons or by impairing the ability of such
United States persons to collect such awards.
SEC. 4. DEFINITIONS.
As used in this Act--
(1) Convention.--The term ``Convention'' means the
Convention on the Recognition and Enforcement of Foreign
Arbitral Awards, done at New York on June 10, 1958.
(2) United states person.--The term ``United States
person'' means--
(A) any United States citizen or alien admitted for
permanent residence into the United States; or
(B) any corporation, trust, partnership, or other
judicial entity established pursuant to the laws of the
United States or its several States and territories.
(3) Foreign arbitral award.--The term ``foreign arbitral
award'' means any arbitral award to which the Convention
applies.
SEC. 5. LIABILITY FOR VIOLATION OF THE CONVENTION.
(a) Civil Remedy.--(1) Any foreign state that is certified by the
President under subsection (b) to have injured a United States person
through the state's violation of the Convention with respect to a
foreign arbitral award shall be liable to the United States person for
money damages consisting of--
(A) the amount of the foreign arbitral award, plus any
interest provided for by the award; and
(B) the attorney's fees and costs incurred by the United
States person in bringing an action under this Act with respect
to such certification.
(2) Actions may be brought under paragraph (1) with respect to
arbitral awards entered before, on, or after the date of the enactment
of this Act.
(b) Presidential Certification.--The President may certify an
injury to a United States person through a violation of the Convention
if--
(1)(A) a foreign state has failed to enforce a foreign
arbitral award entered in favor of that United States person in
violation of the state's obligations under the Convention; or
(B) a foreign state has impeded, in violation of its
obligations under the Convention, the enforcement of a foreign
arbitral award entered in favor of that United States person
such that the ability of the United States person to collect
the award may reasonably be presumed to have been impaired or
reduced; and
(2) the United States person has exhausted all judicial and
administrative remedies in the foreign state in which the
arbitral award is sought to be enforced, or the further pursuit
of such remedies would reasonably be considered to be futile.
(c) Effect of Presidential Certification.--A Presidential
certification that a United States person has been injured by a foreign
state's violation of the Convention shall, in any action brought under
this Act, establish an evidentiary presumption that--
(1) the foreign state certified to have violated the
Convention has done so; and
(2) the damages suffered by the United States person are
equivalent to the amount of the award plus interest, if any.
(d) Jurisdiction.--(1) Chapter 85 of title 28, United States Code,
is amended by inserting after section 1331 the following new section:
``Sec. 1331a. Civil actions involving violations of the Convention on
the Recognition and Enforcement of Foreign Arbitral
Awards
``The district courts shall have exclusive jurisdiction, without
regard to the amount in controversy, of any action brought under
section 5 of the International Arbitration Enforcement Act of 1999.''.
(2) The table of sections for chapter 85 of title 28, United States
Code, is amended by inserting after the item relating to section 1331
the following:
``1331a. Civil actions involving violations of the Convention on the
Recognition and Enforcement of Foreign
Arbitral Awards.''.
(e) Waiver of Sovereign Immunity.--Section 1605 of title 28, United
States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(3) by adding at the end the following:
``(8) in which the action is brought with respect to
violations of the Convention on the Recognition and Enforcement
of Foreign Arbitral Awards under section 5 of the International
Arbitration Enforcement Act of 1999.''.
(f) No Immunity From Attachment or Execution.--(1) Section 1610(a)
of title 28, United States Code, is amended--
(A) by striking the period at the end of paragraph (7) and
inserting ``, or''; and
(B) by adding at the end the following:
``(8) the judgment or attachment relates to a claim for
which the foreign state is not immune under section 1605(a)(8),
regardless of whether the property is or was involved in or
related to the act giving rise to or upon which the claim is
based.''.
(2) Section 1610(b) of such title is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``, or''; and
(C) by adding at the end the following:
``(3) the judgment or attachment relates to a claim for
which the foreign state is not immune under section 1605(a)(8),
regardless of whether the property is or was involved in or
related to the act giving rise to or upon which the claim is
based.''.
(g) Limitations Period.--An action under this Act may be brought
within one year after the President makes the certification under
subsection (b) on which the action is based. | Amends Federal law to grant district courts exclusive jurisdiction over violations of the Convention. Waives a foreign state's sovereign immunity in any action brought against it for violations of the Convention, including the enforcement of such actions. | {"src": "billsum_train", "title": "International Arbitration Enforcement Act of 1999"} | 1,602 | 47 | 0.492424 | 1.27503 | 0.474938 | 2.097561 | 37.780488 | 0.829268 |
SECTION 1. EXTENSION OF EXPIRING AUTHORITIES OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) Outpatient Services for Persian Gulf Veterans Exposed to Toxic
Substances.--Section 1712(a)(1)(D) of title 38, United States Code, is
amended by striking out ``December 31, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(b) Contract Authority for Alcohol and Drug Abuse Care.--(1)
Subsection (e) of section 1720A of such title is amended by striking
out ``December 31, 1995'' and inserting in lieu thereof ``December 31,
1997''.
(2) Subsection (f) of such section is amended by striking out
``October 1, 1997'' and inserting in lieu thereof ``March 31, 1998''.
(c) Nursing Home Care Alternatives.--(1) Section 1720C(a) of such
title is amended by striking out ``September 30, 1995'' and inserting
in lieu thereof ``December 31, 1996''.
(2) The Secretary of Veterans Affairs shall submit to Congress a
report, not later than March 31, 1996, on the medical efficacy and cost
effectiveness, and disadvantages and advantages, associated with the
use by the Secretary of noninstitutional alternatives to nursing home
care.
(d) Real Property for Use by Homeless Veterans.--(1) Section
3735(c) of such title is amended by striking out ``December 31, 1995''
and inserting in lieu thereof ``December 31, 1997''.
(2) The Secretary of Veterans Affairs shall submit to Congress a
report, not later than March 31, 1997, on the operation of the program
under section 3735 of such title relating to housing assistance for
homeless veterans. The report shall include the number of veterans
served by the program and the costs of the program and any savings
generated to the Government under the program.
(e) Health Scholarships Program.--(1) Section 7618 of such title is
amended by striking out ``December 31, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(2) The Secretary of Veterans Affairs shall submit to Congress a
report, not later than March 31, 1997, on the operation of the health
scholarships program under subchapter 2 of chapter 76 of title 38,
United States Code. The report shall include the number and types of
scholarships awarded and the effect of the program on retention of
employees by the Department of Veterans Affairs.
(f) Enhanced-Use Leases of Real Property.--Section 8169 is amended
by striking out ``December 31, 1995'' and inserting in lieu thereof
``December 31, 1997''.
(g) Community-Based Residential Care for Homeless Chronically
Mentally Ill Veterans.--Section 115(d) of the Veterans' Benefits and
Services Act of 1988 (Public Law 100-322; 38 U.S.C. 1712 note) is
amended by striking out ``September 30, 1995'' and inserting in lieu
thereof ``December 31, 1997''.
(h) Compensated Work Therapy and Therapeutic Transitional Housing
Program.--Section 7 of Public Law 102-54 (38 U.S.C. 1718 note) is
amended--
(1) in subsection (a), by striking out ``During fiscal
years 1991 through 1995, the Secretary'' and inserting in lieu
thereof ``The Secretary''; and
(2) by adding at the end the following:
``(m) Sunset.--The authority for the demonstration program under
this section expires on December 31, 1997.''.
SEC. 2. REPEAL OF AUTHORITY TO MAKE GRANTS TO VETERANS MEMORIAL MEDICAL
CENTER IN THE PHILIPPINES.
(a) Repeal.--Section 1732 of title 38, United States Code, is
amended--
(1) by striking out subsection (b);
(2) by redesignating subsection (c) as subsection (b) and
striking out ``or grant'' both places it appears in that
subsection; and
(3) by redesignating subsection (d) as subsection (c) and
striking out ``and to make grants'' in that subsection.
(b) Clerical Amendments.--(1) The heading of such section is
amended by striking out ``and grants''.
(2) The item relating to such section in the table of sections at
the beginning of chapter 17 of such title is amended by striking out
``and grants''.
SEC. 3. AUTHORIZATION OF MAJOR MEDICAL CONSTRUCTION PROJECTS FOR FISCAL
YEAR 1996.
(a) Project Authorization.--The Secretary of Veterans Affairs may
carry out the major medical facility projects for the Department of
Veterans Affairs, and may carry out the major medical facility leases
for that Department, for which funds are requested in the budget of the
President for fiscal year 1996 and for which authorization is required
under section 8104(a)(2) of title 38, United States Code.
(b) Funding Authorization.--There are authorized to be appropriated
to the Secretary of Veterans Affairs for fiscal year 1996--
(1) $224,800,000 for the major medical facility projects
authorized in subsection (a); and
(2) $2,790,000 for the major medical facility leases
authorized in subsection (a).
(c) Limitations.--The projects authorized in subsection (a) may
only be carried out using--
(1) funds appropriated for fiscal year 1996 pursuant to the
authorization of appropriations in subsection (b);
(2) funds appropriated to the Department of Veterans
Affairs for Construction, Major Projects, for any fiscal year
that remain available for obligation; and
(3) funds appropriated to the Department of Veterans
Affairs for Construction, Major Projects, for any fiscal year
for a category of activity not specific to a project. | Extends through December 31, 1997, the following authorities of the Department of Veterans Affairs: (1) the authority to provide outpatient services to Persian Gulf veterans exposed to toxic substances or environmental hazards during such service; (2) the authority to contract with community-based treatment facilities for the care of eligible veterans suffering from alcohol or drug dependence or abuse disabilities (also extends a certain evaluation in connection with such treatment); (3) the authority to enter into agreements with States and nonprofit organizations for the provision of housing assistance for homeless veterans ( requires a report); (5) the Department's health professionals scholarship program (requires a report); (6) the authority of the Secretary of Veterans Affairs to enter into enhanced-use leases of Department real property; (7) the authority under the Veterans' Benefits and Services Act of 1988 for a pilot program providing community-based residential care for homeless chronically mentally ill veterans; and (8) the Department's compensated work therapy and therapeutic transitional housing program.
Extends through December 31, 1996, a pilot program for determining noninstitutional alternatives to veterans' nursing home care (requires a report).
Repeals the authority of the Secretary to make contracts and grants for providing care and treatment for veterans at the Department's Veterans Memorial Medical Center in the Philippines.
Authorizes the Secretary to carry out the Department's major medical facility projects and leases for which funds are requested in the President's FY 1996 budget and for which authorization is required. Authorizes FY 1996 appropriations to the Secretary for such projects and leases, with limitations. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to extend certain expiring authorities of the Department of Veterans Affairs, to authorize medical construction projects for that Department for fiscal year 1996, and for other purposes."} | 1,273 | 333 | 0.638916 | 1.972441 | 0.664604 | 2.305195 | 3.724026 | 0.818182 |
SECTION 1. INCREASED FREQUENCY OF DISCLOSURE BY POLITICAL
ORGANIZATIONS.
(a) In General.--Paragraph (2) of section 527(j) of the Internal
Revenue Code of 1986 (relating to required disclosure) is amended to
read as follows:
``(2) Required disclosures.--
``(A) In general.--A political organization which
accepts a contribution, or makes an expenditure, for an
exempt function during any calendar year shall file
with the Secretary the reports required by
subparagraphs (B) and (C).
``(B) Election years.--
``(i) monthly disclosures for
organizations receiving or expending $25,000 or
more in election year.--In the case of an
organization that has, or has reason to expect
to have, contributions which equal or exceed
$25,000, or expenditures which equal or exceed
$25,000, for an exempt function in a calendar
year in which a regularly scheduled election is
held, the reports required by this clause are
monthly reports, beginning with the first month
of the calendar year in which a contribution is
accepted or expenditure is made. Such reports
shall be filed not later than the 20th day
after the last day of the month and shall be
complete as of the last day of the month.
``(ii) Quarterly disclosures for
organizations receiving or expending less than
$25,000.--Except as provided by clause (i), in
the case of contributions accepted or
expenditures made during a calendar year in
which a regularly scheduled election is held,
the reports required by this clause are
quarterly reports, beginning with the first
quarter of the calendar year in which a
contribution is accepted or expenditure is
made. Such reports shall be complete as of the
last day of the quarter and shall be filed--
``(I) for each of the first three
calendar quarters not later than the
15th day after the last day of the
calendar quarter, and
``(II) for the calendar quarter
ending on December 31 not later than
January 31 of the following calendar
year.
``(iii) Change to monthly reporting when
contributions or expenditures in excess of
$25,000.--An organization which, at any time
during the election year, is required to report
under clause (ii), and receives contributions
in excess of $25,000 or makes expenditures in
excess of $25,000, shall be subject to clause
(i) beginning with the next reporting period in
which such excess first occurs. The first
report required in a calendar year under clause
(i) by reason of this clause shall include a
monthly report for each of the preceding months
of such calendar year in which the organization
would have been required to report under clause
(i) if such clause applied without regard to
this clause.
``(iv) Pre- and post- election reports.--
With respect to a regularly scheduled election,
the reports required by this clause are--
``(I) a pre-election report, which
shall be filed not later than the 12th
day before (or posted by registered or
certified mail not later than the 15th
day before) any election with respect
to which the organization makes a
contribution or expenditure and which
shall be complete as of the 20th day
before the election, and
``(II) a post-general election
report, which shall be filed not later
than the 30th day after the general
election and which shall be complete as
of the 20th day after such general
election.
``(C) Nonelection year.--In the case of a calendar
year other than a calendar year in which a regularly
scheduled election is held, the reports required by
this subparagraph are a report covering the period
beginning January 1 and ending June 30, which shall be
filed no later than July 31 and a report covering the
period beginning July 1 and ending December 31, which
shall be filed no later than January 31 of the
following calendar year,
``(D) Election to file monthly reports.--An
organization may elect to file monthly reports for the
calendar year, beginning with the first month of the
calendar year in which a contribution is accepted or
expenditure is made. Each such report for a month shall
be filed not later than the 20th day after the last day
of the month and shall be complete as of the last day
of the month. In lieu of filing reports otherwise due
under this subparagraph in November and December of any
year in which a regularly scheduled general election is
held, a pre-general election report shall be filed in
accordance with subparagraph (B)(iv)(I), a post-general
election report shall be filed in accordance with
subparagraph (B)(iv)(II), and a year end report shall
be filed not later than January 31 of the following
calendar year.''.
(b) Effective Date.--The amendment made by this section shall apply
to years beginning after December 31, 2004.
SEC. 2. IMPROVED ELECTRONIC DISCLOSURE AND LINKAGE WITH FEDERAL
ELECTION COMMISSION.
(a) In General.--The Secretary of the Treasury, in consultation
with the Federal Election Commission, shall take such actions as may be
necessary to increase disclosure to the public by improving the
database and disclosure system for reports required to be filed by
political organizations under section 527 of the Internal Revenue Code
of 1986.
(b) Improved Linkage With Federal Election Commission.--The
Secretary of the Treasury and the Federal Election Commission shall
take such actions as may be necessary to improve the linkage between
the databases for public disclosure of election-related information
maintained by the Department of the Treasury and the Federal Election
Commission.
(c) Report to Congress.--The Secretary of the Treasury and the
Federal Election Commission shall each submit reports to the Congress
on the actions taken under subsections (a) and (b). The first report
shall be an interim report submitted not later than July 15, 2004, and
the second report shall be a final report submitted not later than
January 15, 2005.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section. | Amends the Internal Revenue Code to revise disclosure requirements for tax-exempt political organizations. Requires such an organization to make monthly reports in any election year in which it accepts contributions or makes expenditures of $25,000 or more. Requires quarterly reports for organizations with less than $25,000 in contributions or expenditures, but requires a change to monthly reporting upon receipt of contributions in excess of $25,000 or the making of expenditures greater than $25,000. Requires: (1) pre-election and post-election reports; and (2) semiannual reports in years in which a regularly scheduled election is not held.
Requires: (1) the Secretary of the Treasury to take actions to increase disclosure to the public of tax-exempt political organization reporting; and (2) the Secretary and the Federal Election Commission (FEC) to take actions to improve the linkage between the databases for public disclosure of election related information maintained by the Department of the Treasury and the FEC. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the frequency of disclosure of information by political organizations and to improve the linkage between databases for public disclosure of election-related information maintained by the Department of the Treasury and the Federal Election Commission."} | 1,329 | 206 | 0.605687 | 1.584558 | 0.948567 | 2.805405 | 6.816216 | 0.881081 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Electricity and
Environmental Technology Research and Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) reliable, affordable, increasingly clean electricity
will continue to power the growing United States economy;
(2) an increasing use of electrotechnologies, the desire
for continuous environmental improvement, a more competitive
electricity market, and concerns about rising energy prices add
importance to the need for reliable, affordable, increasingly
clean electricity;
(3) coal, which, as of the date of enactment of this Act,
accounts for more than \1/2\ of all electricity generated in
the United States, is the most abundant fossil energy resource
of the United States;
(4) coal comprises more than 85 percent of all fossil
resources in the United States and exists in quantities
sufficient to supply the United States for 250 years at current
usage rates;
(5) investments in electricity generating facility
emissions control technology over the past 30 years have
reduced the aggregate emissions of pollutants from coal-based
generating facilities by 21 percent, even as coal use for
electricity generation has nearly tripled;
(6) continuous improvement in efficiency and environmental
performance from electricity generating facilities would allow
continued use of coal and preserve less abundant energy
resources for other energy uses;
(7) new technologies for converting coal into electricity
can effectively eliminate health-threatening emissions and
improve efficiency by as much as 50 percent, but initial
commercial deployment of new coal generation technologies
entails significant risk that generators may be unable to
accept in a newly competitive electricity market; and
(8) continued environmental improvement in coal-based
generation through continued research, development, and
demonstration toward an ultimate goal of near-zero emissions is
important and desirable.
SEC. 3. DEFINITIONS.
In this Act:
(1) Cost and performance goals.--The term ``cost and
performance goals'' means the cost and performance goals
established under section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. TECHNOLOGY ASSESSMENT.
(a) In General.--The Secretary shall perform an assessment that
establishes cost and performance goals with respect to technologies
that would permit the continued cost-competitive use of coal for
electricity generation, as chemical feedstocks, and as transportation
fuel in 2007, 2015, and 2020.
(b) Consultation.--In establishing the cost and performance goals,
the Secretary shall consult with representatives of--
(1) the United States coal industry;
(2) State coal development agencies;
(3) the electric utility industry;
(4) railroads and other transportation industries;
(5) manufacturers of equipment using advanced coal
technologies;
(6) organizations representing workers;
(7) organizations formed to--
(A) promote the use of coal;
(B) further the goals of environmental protection;
and
(C) promote the development and use of advanced
coal technologies; and
(8) other appropriate Federal and State agencies.
(c) Timing.--The Secretary shall--
(1) not later than 120 days after the date of enactment of
this Act, issue a set of draft cost and performance goals for
public comment; and
(2) not later than 180 days after the date of enactment of
this Act, after taking into consideration any public comments
received, submit to Congress the final cost and performance
goals.
SEC. 5. STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and once every 2 years thereafter through 2016, the
Secretary, in cooperation with the Secretary of the Interior and the
Administrator of the Environmental Protection Agency, shall transmit to
the Congress a report containing the results of a study to--
(1) identify technologies that, by themselves or in
combination with other technologies, may be capable of
achieving the cost and performance goals;
(2) assess the costs that would be incurred by, and the
period of time that would be required for, the development and
demonstration of technologies that, by themselves or in combination
with other technologies, contribute to the achievement of the cost and
performance goals;
(3) develop recommendations for technology development
programs, which the Department of Energy could carry out in
cooperation with industry, to develop and demonstrate
technologies that, by themselves or in combination with other
technologies, achieve the cost and performance goals; and
(4) develop recommendations for additional authorities
required to achieve the cost and performance goals.
(b) Expert Advice.--In carrying out this section, the Secretary
shall give due weight to the expert advice of representatives of the
entities described in section 4(b).
SEC. 6. TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--The Secretary shall carry out a program of
research on and development, demonstration, and commercial application
of coal-based technologies under--
(1) this Act;
(2) the Federal Nonnuclear Energy Research and Development
Act of 1974 (42 U.S.C. 5901 et seq.);
(3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801
et seq.); and
(4) title XIII of the Energy Policy Act of 1992 (42 U.S.C.
13331 et seq.).
(b) Conditions.--The research, development, demonstration, and
commercial application program described in subsection (a) shall be
designed to achieve the cost and performance goals.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary to carry out sections 4, 5, and 6, $100,000,000 for each of
the fiscal years 2002 through 2012, to remain available until expended.
(b) Conditions of Authorization.--The authorization of
appropriations under subsection (a)--
(1) shall be in addition to authorizations of
appropriations in effect on the date of enactment of this Act;
and
(2) shall not be a cap on Department of Energy fossil
energy research and development and clean coal technology
appropriations.
SEC. 8. CLEAN COAL POWER COMMERCIAL APPLICATIONS INITIATIVE.
(a) In General.--The Secretary shall establish a clean coal power
commercial applications initiative that will demonstrate commercial
applications of advanced coal-based technologies applicable to new or
existing power plants, including coproduction plants.
(b) Requirements.--The technologies to be demonstrated under the
initiative--
(1) shall be technologies that, by themselves or in
combination with other technologies, advance efficiency,
environmental performance, and cost competitiveness well beyond
that which is in operation or has been demonstrated as of the
date of enactment of this Act; and
(2) may include technologies that have not previously been
envisioned for commercial applications.
(c) Plan.--Not later than 120 days after the date of enactment of
this Act, the Secretary shall transmit to Congress a plan to carry out
subsection (a) that includes a description of--
(1) the program elements and management structure to be
used;
(2) the technical milestones to be achieved with respect to
each of the advanced coal-based technologies included in the
plan; and
(3) the demonstration activities proposed to be conducted
at facilities that serve or are located at new or existing
coal-based electric generation units having at least 50
megawatts nameplate rating, including improvements to allow the
units to achieve 1 or more of the following:
(A) An overall design efficiency improvement of not
less than 3 percent as compared with the efficiency of
the unit as operated as of the date of enactment of
this Act and before any retrofit, repowering,
replacement, or installation.
(B) A significant improvement in, or new
alternative technology to enhance, the environmental
performance related to the control of sulfur dioxide,
nitrogen oxide, or mercury in a manner that is
different and well below the cost of technologies that
are in operation or have been demonstrated as of the
date of enactment of this Act.
(C) A means of recycling or reusing a significant
portion of coal combustion or gasification wastes or
byproducts produced by coal-based generating units,
excluding practices that are commercially available as
of the date of enactment of this Act.
(D) A means to capture, separate, and reuse or
dispose of carbon dioxide that is different and well
below the cost of technologies that are in operation or
have been demonstrated as of the date of enactment of
this Act.
SEC. 9. FINANCIAL ASSISTANCE.
(a) In General.--Not later than 180 days after the date on which
the Secretary transmits to Congress the plan under section 8(c), the
Secretary shall solicit proposals for projects that serve or are
located at new or existing facilities designed to achieve 1 or more of
the levels of performance set forth in section 8(c)(3).
(b) Project Criteria.--A solicitation under subsection (a) may
include solicitation of a proposal for a project to demonstrate--
(1) an overall design efficiency improvement of not less 3
percentage points as compared with the efficiency of the unit
as operated as of the date of enactment of this Act and with no
increase in the potential to emit sulfur dioxide, nitrogen
oxide, particulate matter, mercury, or carbon monoxide;
(2) a reduction of emissions to a level of not more than--
(A)(i) in the case of sulfur dioxide--
(I) in the case of coal with a potential
combustion concentration sulfur emission of 1.2
or more pounds per million British thermal
units of heat input, 5 percent of the potential
combustion concentration sulfur dioxide
emissions; or
(II) in the case of a coal with a potential
combustion concentration of less than 1.2
pounds of per million British thermal units of
heat input, 15 percent of the potential
combustion concentration of sulfur dioxide
emissions;
(ii) in the case of nitrogen oxide--
(I) in the case of a boiler other than a
cyclone-fired boiler, emissions of 0.1 pound
per million British thermal units of heat; or
(II) in the case of a cyclone-fired boiler,
15 percent of the uncontrolled nitrogen oxide
emissions from the boiler; or
(iii) in the case of particulate matter, emissions
of 0.02 pound per million British thermal units of heat
input; or
(B) the emission levels for the pollutants
identified in subparagraph (A) that are specified in
the new source performance standards of the Clean Air
Act (42 U.S.C. 7411) in effect at the time of
construction, installation, or retrofitting of the
advanced coal-based technology for the category of
source if they are lower than the levels specified in
subparagraph (A); or
(3) the production of coal combustion byproducts that are
capable of obtaining economic values significantly greater than
byproducts produced as of the date of enactment of this Act
with no increase in the potential to emit sulfur dioxide,
nitrogen oxide, particulate matter, mercury, or carbon
monoxide.
(c) Financial Assistance.--The Secretary shall provide financial
assistance to projects that--
(1) demonstrate overall cost reductions in the utilization
of coal to generate useful forms of energy;
(2) improve the competitiveness of coal among various forms
of energy in order to maintain a diversity of fuel choices in
the United States to meet electricity generation requirements;
(3) achieve, in a cost-effective manner, 1 or more of the
criteria described in the solicitation; and
(4) demonstrate technologies that are applicable to 25
percent of the electricity generating facilities that use coal
as the primary feedstock as of the date of enactment of this
Act.
(d) Federal Share.--The Federal share of the cost of a project
funded under this section shall not exceed 50 percent.
(e) Funding.--
(1) Authorization of appropriations.--Except as provided in
paragraph (2), there are authorized to be appropriated to the
Secretary to carry out this section $100,000,000 for each of
the fiscal years 2002 through 2012, to remain available until
expended.
(2) Alternative funding sources.--To carry out this
section, the Secretary may use any unobligated funds available
to the Secretary for fossil energy programs, and any funds
obligated to any project selected under the clean coal
technology program that become unobligated. Appropriations
under paragraph (1) for a fiscal year shall be reduced by the
amount of any funds used under this paragraph. | National Electricity and Environmental Technology Research and Development Act - Directs the Secretary of Energy to: (1) perform an assessment that establishes cost and performance goals with respect to technologies that would permit the continued cost-competitive use of coal for electricity generation, as chemical feedstocks, and as transportation fuel in 2007, 2015, and 2020; (2) biennially transmit to Congress the results of a study to identify technologies capable of achieving specified cost and performance goals; and (3) carry out under specified Federal law a program of research on and development, demonstration, and commercial application of coal-based technologies.Directs the Secretary to establish a clean coal power commercial applications initiative to demonstrate commercial applications of advanced coal-based technologies for new or existing power plants, including coproduction plants. Provides for financial assistance to initiative projects. | {"src": "billsum_train", "title": "To authorize Department of Energy programs to develop and implement an accelerated research and development program for advanced clean coal technologies for use in coal-based electricity generating facilities, so as to allow coal to help meet the growing need of the United States for the generation of clean, reliable, and affordable electricity."} | 2,646 | 170 | 0.602769 | 1.67495 | 0.985151 | 5.537975 | 16.158228 | 0.968354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colon Cancer Screening and
Prevention Act''.
SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING.
(a) In General.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by inserting after subsection (c) the following new
subsection:
``(d) Frequency and Payment Limits for Screening Fecal-Occult Blood
Tests, Screening Flexible Sigmoidoscopies, and Screening Colonoscopy.--
``(1) Screening fecal-occult blood tests.--
``(A) Payment limit.--In establishing fee schedules
under section 1833(h) with respect to screening fecal-
occult blood tests provided for the purpose of early
detection of colon cancer, except as provided by the
Secretary under paragraph (3)(A), the payment amount
established for tests performed--
``(i) in 1996 shall not exceed $5; and
``(ii) in a subsequent year, shall not
exceed the limit on the payment amount
established under this subsection for such
tests for the preceding year, adjusted by the
applicable adjustment under section 1833(h) for
tests performed in such year.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (3)(B), no payment may be
made under this part for a screening fecal-occult blood
test provided to an individual for the purpose of early
detection of colon cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the test is performed within the
11 months after a previous screening fecal-
occult blood test.
``(2) Screening flexible sigmoid- oscopies.--
``(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening flexible sigmoidoscopies provided
for the purpose of early detection of colon cancer that
is consistent with payment amounts under such section
for similar or related services, except that such
payment amount shall be established without regard to
subsection (a)(2)(A) of such section.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening flexible
sigmoidoscopy provided to an individual for the purpose
of early detection of colon cancer--
``(i) if the individual is under 50 years
of age; or
``(ii) if the procedure is performed within
the 47 months after a previous screening
flexible sigmoidoscopy.
``(3) Screening colonoscopy for individuals at high risk
for colorectal cancer.--
``(A) Payment amount.--The Secretary shall
establish a payment amount under section 1848 with
respect to screening colonoscopy for individuals at
high risk for colorectal cancer (as defined in
subparagraph (C)) provided for the purpose of early
detection of colon cancer that is consistent with
payment amounts under such section for similar or
related services, except that such payment amount shall
be established without regard to subsection (a)(2)(A)
of such section.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (4)(B), no payment may be
made under this part for a screening colonoscopy for
individuals at high risk for colorectal cancer provided
to an individual for the purpose of early detection of
colon cancer if the procedure is performed within the
23 months after a previous screening colonoscopy.
``(C) Individual at high risk defined.--In this
subsection, an `individual at high risk for colorectal
cancer' is an individual who, because of family
history, prior experience of cancer or precursor
neoplastic polyps, a history of chronic digestive
disease condition (including inflammatory bowel
disease, Crohn's Disease, or ulcerative colitis), the
presence of any appropriate recognized gene markers for
colorectal cancer, or other predisposing factors, faces
a high risk for colorectal cancer.
``(4) Reductions in payment limit and revision of
frequency.--
``(A) Reductions in payment limit.--The Secretary
shall review from time to time the appropriateness of
the amount of the payment limit established for
screening fecal-occult blood tests under paragraph
(1)(A). The Secretary may, with respect to tests
performed in a year after 1998, reduce the amount of
such limit as it applies nationally or in any area to
the amount that the Secretary estimates is required to assure that such
tests of an appropriate quality are readily and conveniently available
during the year.
``(B) Revision of frequency.--
``(i) Review.--The Secretary shall review
periodically the appropriate frequency for
performing screening fecal-occult blood tests,
screening flexible sigmoidoscopies, and
screening colonoscopy based on age and such
other factors as the Secretary believes to be
pertinent.
``(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such tests and
procedures may be paid for under this
subsection, but no such revision shall apply to
tests or procedures performed before January 1,
1999.
``(5) Limiting charges of nonparticipating physicians.--
``(A) In general.--In the case of a screening
flexible sigmoidoscopy provided to an individual for
the purpose of early detection of colon cancer or a
screening colonoscopy provided to an individual at high
risk for colorectal cancer for the purpose of early
detection of colon cancer for which payment may be made
under this part, if a nonparticipating physician
provides the procedure to an individual enrolled under
this part, the physician may not charge the individual
more than the limiting charge (as defined in section
1848(g)(2)).
``(B) Enforcement.--If a physician or supplier
knowing and willfully imposes a charge in violation of
subparagraph (A), the Secretary may apply sanctions
against such physician or supplier in accordance with
section 1842(j)(2).''.
(b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of
section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by
striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or
section 1834(d)(1),''.
(2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is
amended by striking ``The Secretary'' and inserting ``Subject to
paragraphs (1) and (3)(A) of section 1834(d), the Secretary''.
(3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42
U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and
inserting ``a service (other than a screening flexible sigmoidoscopy
provided to an individual for the purpose of early detection of colon
cancer or a screening colonoscopy provided to an individual at high
risk for colorectal cancer for the purpose of early detection of colon
cancer)''.
(4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``and'' at the
end,
(ii) in subparagraph (F), by striking the semicolon
at the end and inserting ``, and'', and
(iii) by adding at the end the following new
subparagraph:
``(G) in the case of screening fecal-occult blood tests,
screening flexible sigmoidoscopies, and screening colonoscopy
provided for the purpose of early detection of colon cancer,
which are performed more frequently than is covered under
section 1834(d);''; and
(B) in paragraph (7), by striking ``paragraph (1)(B) or
under paragraph (1)(F)'' and inserting ``subparagraphs (B),
(F), or (G) of paragraph (1)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to screening fecal-
occult blood tests, screening flexible sigmoidoscopies, and screening
colonoscopy performed on or after January 1, 1996. | Colon Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to prescribe frequency and payment limits under Medicare part B for screening fecal-occult blood tests, flexible sigmoidoscopies, and colonoscopy. | {"src": "billsum_train", "title": "Colon Cancer Screening and Prevention Act"} | 1,982 | 66 | 0.581488 | 1.479264 | 0.747593 | 2.97619 | 39.047619 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Children From Internet
Pornographers Act of 2011''.
SEC. 2. FINANCIAL FACILITATION OF ACCESS TO CHILD PORNOGRAPHY.
(a) Offense.--Chapter 95 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1960A. Financial facilitation of access to child pornography
``(a) Offense.--Whoever knowingly conducts, or attempts or
conspires to conduct, a financial transaction (as defined in section
1956(c)) in or affecting interstate or foreign commerce, knowing that
such transaction will facilitate access to, or the possession of, child
pornography (as defined in section 2256) shall be fined under this
title or imprisoned not more than 20 years, or both.
``(b) Applicability of Section.--This section shall not apply to a
financial transaction conducted by a person in cooperation with, or
with the consent of, any Federal, State, or local law enforcement
agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 95 of title 18, United States Code, is amended by adding at the
end the following new item:
``1960A. Financial facilitation of access to child pornography.''.
SEC. 3. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``1466A (relating to obscene visual
representation of the abuse of children),'' before ``section
1708'';
(2) by inserting ``1960A (relating to financial
facilitation of access to child pornography),'' before
``section 2113''; and
(3) by inserting ``2260A (relating to increased penalties
for registered sex offenders),'' before ``section 2280''.
SEC. 4. RETENTION OF CERTAIN RECORDS BY ELECTRONIC COMMUNICATION
SERVICE PROVIDERS.
(a) In General.--Section 2703 of title 18, United States Code, is
amended by adding at the end the following:
``(h) Retention of Certain Records.--A provider of an electronic
communication service or remote computing service shall retain for a
period of at least 18 months a log of the temporarily assigned network
addresses that the service provider assigns to each subscriber account,
unless that address is transmitted by radio communication (as defined
in section 3 of the Communications Act of 1934).''.
(b) Sense of Congress.--It is the sense of Congress that records
retained pursuant to section 2703(h) of title 18, United States Code,
should be stored securely to protect customer privacy and prevent
against breaches of the records.
SEC. 5. NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING INFORMATION
UNDER THIS CHAPTER.
Section 2703(e) of title 18, United States Code, is amended by
inserting ``retaining records or'' after ``other specified persons
for''.
SEC. 6. GOOD FAITH RELIANCE ON REQUIREMENT.
Section 2707(e)(1) of title 18, United States Code, is amended by
inserting ``, or the requirement to retain records under section
2703(h),'' after ``section 2703(f)''.
SEC. 7. SUBPOENA AUTHORITY.
Section 566(e)(1) of title 28, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with
section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such
section 3486).''.
SEC. 8. PROTECTION OF CHILD WITNESSES.
Section 1514 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or its own motion,''
after ``attorney for the Government,''; and
(ii) by inserting ``or investigation''
after ``Federal criminal case'' each place it
appears;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) In the case of a minor witness or victim, the court shall
issue a protective order prohibiting harassment or intimidation of the
minor victim or witness if the court finds evidence that the conduct at
issue is reasonably likely to adversely affect the willingness of the
minor witness or victim to testify or otherwise participate in the
Federal criminal case or investigation. Any hearing regarding a
protective order under this paragraph shall be conducted in accordance
with paragraphs (1) and (3), except that the court may issue an ex
parte emergency protective order in advance of a hearing if exigent
circumstances are present. If such an ex parte order is applied for or
issued, the court shall hold a hearing not later than 14 days after the
date such order was applied for or is issued.'';
(D) in paragraph (4), as so redesignated, by
striking ``(and not by reference to the complaint or
other document)''; and
(E) in paragraph (5), as so redesignated, in the
second sentence, by inserting before the period at the
end the following: ``, except that in the case of a
minor victim or witness, the court may order that such
protective order expires on the later of 3 years after
the date of issuance or the date of the eighteenth
birthday of that minor victim or witness''; and
(2) by striking subsection (c) and inserting the following:
``(c) Whoever knowingly and intentionally violates or attempts to
violate an order issued under this section shall be fined under this
title, imprisoned not more than 5 years, or both.
``(d)(1) As used in this section--
``(A) the term `course of conduct' means a series of acts
over a period of time, however short, indicating a continuity
of purpose;
``(B) the term `harassment' means a serious act or course
of conduct directed at a specific person that--
``(i) causes substantial emotional distress in such
person; and
``(ii) serves no legitimate purpose;
``(C) the term `immediate family member' has the meaning
given that term in section 115 and includes grandchildren;
``(D) the term `intimidation' means a serious act or course
of conduct directed at a specific person that--
``(i) causes fear or apprehension in such person;
and
``(ii) serves no legitimate purpose;
``(E) the term `restricted personal information' has the
meaning give that term in section 119;
``(F) the term `serious act' means a single act of
threatening, retaliatory, harassing, or violent conduct that is
reasonably likely to influence the willingness of a victim or
witness to testify or participate in a Federal criminal case or
investigation; and
``(G) the term `specific person' means a victim or witness
in a Federal criminal case or investigation, and includes an
immediate family member of such a victim or witness.
``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of
paragraph (1), a court shall presume, subject to rebuttal by the
person, that the distribution or publication using the Internet of a
photograph of, or restricted personal information regarding, a specific
person serves no legitimate purpose, unless that use is authorized by
that specific person, is for news reporting purposes, is designed to
locate that specific person (who has been reported to law enforcement
as a missing person), or is part of a government-authorized effort to
locate a fugitive or person of interest in a criminal, antiterrorism,
or national security investigation.''.
SEC. 9. SENTENCING GUIDELINES.
Pursuant to its authority under section 994 of title 28, United
States Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend the Federal sentencing
guidelines and policy statements to ensure--
(1) that the guidelines provide an additional penalty
increase of up to 8 offense levels, if appropriate, above the
sentence otherwise applicable in Part J of the Guidelines
Manual if the defendant was convicted of a violation of section
1591 of title 18, United States Code, or chapters 109A, 109B,
110 or 117 of title 18, United States Code; and
(2) if the offense described in paragraph (1) involved
causing or threatening to cause physical injury to a person
under 18 years of age, in order to obstruct the administration
of justice, an additional penalty increase of up to 12 levels,
if appropriate, above the sentence otherwise applicable in Part
J of the Guidelines Manual.
SEC. 10. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age,
such person shall be fined under this title and imprisoned for not more
than 20 years, or if''.
SEC. 11. ADMINISTRATIVE SUBPOENAS.
(a) In General.--Section 3486(a)(1) of title 18, United States
Code, is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``or'' at the end;
(B) by redesignating clause (ii) as clause (iii);
and
(C) by inserting after clause (i) the following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States
Marshals Service; or''; and
(2) in subparagraph (D)--
(A) by striking ``paragraph, the term'' and
inserting the following: ``paragraph--
``(i) the term'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) the term `sex offender' means an individual required
to register under the Sex Offender Registration and
Notification Act (42 U.S.C. 16901 et seq.).''.
(b) Technical and Conforming Amendments.--Section 3486(a) of title
18, United States Code, is amended--
(1) in paragraph (6)(A), by striking ``United State'' and
inserting ``United States'';
(2) in paragraph (9), by striking ``(1)(A)(ii)'' and
inserting ``(1)(A)(iii)''; and
(3) in paragraph (10), by striking ``paragraph (1)(A)(ii)''
and inserting ``paragraph (1)(A)(iii)''. | Protecting Children From Internet Pornographers Act of 2011 - Amends the federal criminal code to prohibit knowingly conducting in interstate or foreign commerce a financial transaction that will facilitate access to, or the possession of, child pornography. Exempts a financial transaction conducted by a person in cooperation with, or with the consent of, a law enforcement agency.
Adds as predicate offenses to the money laundering statute provisions regarding: (1) such financial facilitation of access to child pornography, (2) obscene visual representation of the abuse of children, and (3) a felony by a registered sex offender involving a minor.
Requires a provider of an electronic communication service or remote computing service to retain for at least 18 months a log of the temporarily assigned network addresses the service assigns to each subscriber account unless that address is transmitted by radio communication. Bars any cause of action against a provider for retaining records as required. Makes a good faith reliance on the requirement to retain records a complete defense to a civil action. Expresses the sense of Congress that such records should be stored securely to protect customer privacy and prevent breaches of the records.
Allows the issuance of an administrative subpoena for the investigation of unregistered sex offenders by the United States Marshals Service.
Requires a U.S. district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation.
Directs the United States Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes.
Imposes a fine and/or prison term of up to 20 years for the possession of pornographic images of a child under the age of 12. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, with respect to child pornography and child exploitation offenses."} | 2,778 | 445 | 0.608525 | 2.091018 | 0.668519 | 4.688889 | 6.711111 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restitution for the Exonerated Act
of 2007''.
SEC. 2. GRANT PROGRAM AUTHORIZED.
(a) Exoneree Services Grants Authorized.--The Attorney General may
award grants to eligible organizations to carry out programs that
provide support services to exonerees.
(b) Grant Period; Renewability.--A grant awarded under this section
shall be for a period of one year, and may be renewed for subsequent
one-year periods as the Attorney General determines to be appropriate.
(c) Emergency Grants.--The Attorney General may award an emergency
grant under this subsection to an eligible organization that is
receiving a grant under subsection (a), in addition to such grant under
subsection (a), if the Attorney General determines that there is a
systemic problem related to the provision of exoneree support services
in the geographic region serviced by such organization, and that there
is a need to address such systemic problem immediately by increasing
the resources available to such organization. Such an emergency grant
shall be used by the eligible organization to address the immediate
need for support services for exonerees in such region, shall be
awarded for a period not to exceed 6 months, and shall not be
renewable. An eligible organization may not receive more than one
emergency grant under this subsection.
SEC. 3. GRANT USES.
A grant under this section shall be used by an eligible
organization--
(1) to carry out a program that provides and coordinates
the delivery of support services for exonerees, including--
(A) employment training;
(B) vocational training;
(C) education;
(D) health care services;
(E) mental health services;
(F) housing assistance;
(G) substance abuse training;
(H) legal assistance;
(I) children and family support; and
(J) other appropriate services, as determined by
the Attorney General; and
(2) for administrative expenses necessary to carry out the
program described in paragraph (1), including staff salaries,
research, and training.
SEC. 4. APPLICATIONS.
(a) In General.--To request a grant under this Act, an eligible
organization shall submit an application to the Attorney General at
such time, in such manner, and containing such information as the
Attorney General may require. Such application shall--
(1) describe the program to be funded by the grant, and the
need for such program;
(2) describe a long-term strategy and detailed
implementation for such program;
(3) identify the governmental and community agencies with
which the program will collaborate, and that the program will
utilize to enhance exoneree services; and
(4) describe the methodology and outcome measures that will
be used to evaluate the effectiveness of such program.
(b) Application Deadlines.--The Attorney General shall solicit and
review applications for grants under this Act at least once during each
six-month period.
(c) Priority Based on Need.--In awarding grants under this Act, the
Attorney General shall give priority to eligible organizations that
serve geographic regions that have the greatest need for exoneree
support services, as determined by the Attorney General.
SEC. 5. REPORTS.
For each year in which an eligible organization receives a grant
under this Act, the eligible organization shall submit a report to the
Attorney General that describes the program carried out by the
organization with such grant, and evaluates the effectiveness of such
program during such year.
SEC. 6. DEFINITIONS.
In this Act:
(1) Eligible organization.--The term ``eligible
organization'' mean any nonprofit organization that--
(A) has experience and expertise in coordinating
and delivering support services specific to the needs
of exonerees; or
(B) demonstrates the capacity to effectively
coordinate and deliver such support services, as
determined by the Attorney General.
(2) Exoneree.--The term ``exoneree'' means an individual
who--
(A) has been convicted by a Federal or State court
of an offense that is punishable by a term of
imprisonment that is equal to or greater than one year;
(B) has served a term of imprisonment of at least 6
months in a Federal or State prison or other
correctional facility as a result of such conviction;
and
(C) has been determined to be factually innocent of
such offense.
(3) Factually innocent.--The term ``factually innocent''
means, with respect to an individual who has been convicted of
an offense described in paragraph (2)(A), when one or more of
the following has occurred:
(A) A court has issued a factual finding of
innocence.
(B) The Governor of the State in which the
individual was convicted has issued a pardon based on
the facts of the offense for which the individual was
convicted.
(C) The conviction has been vacated or reversed by
a court.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$1,250,000 for each of the fiscal years 2008 through 2012. Amounts
authorized under this section shall remain available until expended. | Restitution for the Exonerated Act of 2007 - Authorizes the Attorney General to award grants, including emergency grants, to nonprofit organizations for programs to provide support services (e.g., employment training, health care services, and legal assistance) to exonerees. Defines "exoneree" as an individual who has been convicted of a crime carrying a prison sentence of one year or more, has served at least six months of such prison sentence, and has been determined to be factually innocent of the crime. | {"src": "billsum_train", "title": "To authorize grants for programs that provide support services to exonerees."} | 1,123 | 117 | 0.590336 | 1.769464 | 0.519735 | 2.698925 | 11.387097 | 0.892473 |
SECTION 1. PERMANENT EXTENSION OF ESTATE TAX AS IN EFFECT IN 2009.
(a) Restoration of Unified Credit Against Gift Tax.--Paragraph (1)
of section 2505(a) (relating to general rule for unified credit against
gift tax), after the application of subsection (f), is amended by
striking ``(determined as if the applicable exclusion amount were
$1,000,000)''.
(b) Exclusion Equivalent of Unified Credit Equal to $3,500,000.--
Subsection (c) of section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended to read as
follows:
``(c) Applicable Credit Amount.--
``(1) In general.--For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed were
equal to the applicable exclusion amount.
``(2) Applicable exclusion amount.--
``(A) In general.--For purposes of this subsection,
the applicable exclusion amount is $3,500,000.
``(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2010, the
dollar amount in subparagraph (A) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year by substituting `calendar year
2009' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(c) Maximum Estate Tax Rate Equal to 45 Percent.--
(1) In general.--Subsection (c) of section 2001 of the
Internal Revenue Code of 1986 (relating to imposition and rate
of tax) is amended--
(A) by striking ``but not over $2,000,000'' in the
table contained in paragraph (1),
(B) by striking the last 2 items in such table,
(C) by striking ``(1) in general.--'', and
(D) by striking paragraph (2).
(2) Conforming amendment.--Paragraphs (1) and (2) of
section 2102(b) of such Code are amended to read as follows:
``(1) In general.--A credit in an amount that would be
determined under section 2010 as the applicable credit amount
if the applicable exclusion amount were $60,000 shall be
allowed against the tax imposed by section 2101.
``(2) Residents of possessions of the united states.--In
the case of a decedent who is considered to be a `nonresident
not a citizen of the United States' under section 2209, the
credit allowed under this subsection shall not be less than the
proportion of the amount that would be determined under section
2010 as the applicable credit amount if the applicable
exclusion amount were $175,000 which the value of that part of
the decedent's gross estate which at the time of the decedent's
death is situated in the United States bears to the value of
the decedent's entire gross estate, wherever situated.''.
(d) Modifications of Estate and Gift Taxes To Reflect Differences
in Unified Credit Resulting From Different Tax Rates.--
(1) Estate tax.--
(A) In general.--Section 2001(b)(2) of the Internal
Revenue Code of 1986 (relating to computation of tax)
is amended by striking ``if the provisions of
subsection (c) (as in effect at the decedent's death)''
and inserting ``if the modifications described in
subsection (g)''.
(B) Modifications.--Section 2001 of such Code is
amended by adding at the end the following new
subsection:
``(g) Modifications to Gift Tax Payable To Reflect Different Tax
Rates.--For purposes of applying subsection (b)(2) with respect to 1 or
more gifts, the rates of tax under subsection (c) in effect at the
decedent's death shall, in lieu of the rates of tax in effect at the
time of such gifts, be used both to compute--
``(1) the tax imposed by chapter 12 with respect to such
gifts, and
``(2) the credit allowed against such tax under section
2505, including in computing--
``(A) the applicable credit amount under section
2505(a)(1), and
``(B) the sum of the amounts allowed as a credit
for all preceding periods under section 2505(a)(2).
For purposes of paragraph (2)(A), the applicable credit amount
for any calendar year before 1998 is the amount which would be
determined under section 2010(c) if the applicable exclusion
amount were the dollar amount under section 6018(a)(1) for such
year.''.
(2) Gift tax.--Section 2505(a) of such Code (relating to
unified credit against gift tax) is amended by adding at the
end the following new flush sentence:
``For purposes of applying paragraph (2) for any calendar year, the
rates of tax in effect under section 2502(a)(2) for such calendar year
shall, in lieu of the rates of tax in effect for preceding calendar
periods, be used in determining the amounts allowable as a credit under
this section for all preceding calendar periods.''.
(e) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009.
(f) Additional Modifications to Estate Tax.--
(1) In general.--The following provisions of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the
amendments made by such provisions, are hereby repealed:
(A) Subtitles A and E of title V.
(B) Subsection (d), and so much of subsection
(f)(3) as relates to subsection (d), of section 511.
(C) Paragraph (2) of subsection (b), and paragraph
(2) of subsection (e), of section 521.
The Internal Revenue Code of 1986 shall be applied as if such
provisions and amendments had never been enacted.
(2) Sunset not to apply.--
(A) Subsection (a) of section 901 of the Economic
Growth and Tax Relief Reconciliation Act of 2001 is
amended by striking ``this Act'' and all that follows
and inserting ``this Act (other than title V) shall not
apply to taxable, plan, or limitation years beginning
after December 31, 2010.''.
(B) Subsection (b) of such section 901 is amended
by striking ``, estates, gifts, and transfers''.
(3) Repeal of deadwood.--
(A) Sections 2011, 2057, and 2604 of the Internal
Revenue Code of 1986 are hereby repealed.
(B) The table of sections for part II of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2011.
(C) The table of sections for part IV of subchapter
A of chapter 11 of such Code is amended by striking the
item relating to section 2057.
(D) The table of sections for subchapter A of
chapter 13 of such Code is amended by striking the item
relating to section 2604.
SEC. 2. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED
SPOUSE.
(a) In General.--Section 2010(c) of the Internal Revenue Code of
1986, as amended by section 1(b), is amended by striking paragraph (2)
and inserting the following new paragraphs:
``(2) Applicable exclusion amount.--For purposes of this
subsection, the applicable exclusion amount is the sum of--
``(A) the basic exclusion amount, and
``(B) in the case of a surviving spouse, the
aggregate deceased spousal unused exclusion amount.
``(3) Basic exclusion amount.--
``(A) In general.--For purposes of this subsection,
the basic exclusion amount is $3,500,000.
``(B) Inflation adjustment.--In the case of any
decedent dying in a calendar year after 2010, the
dollar amount in subparagraph (A) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for such
calendar year by substituting `calendar year
2009' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.
``(4) Aggregate deceased spousal unused exclusion amount.--
For purposes of this subsection, the term `aggregate deceased
spousal unused exclusion amount' means the lesser of--
``(A) the basic exclusion amount, or
``(B) the sum of the deceased spousal unused
exclusion amounts computed with respect to each
deceased spouse of the surviving spouse.
``(5) Deceased spousal unused exclusion amount.--For
purposes of this subsection, the term `deceased spousal unused
exclusion amount' means, with respect to the surviving spouse
of any deceased spouse dying after December 31, 2009, the
excess (if any) of--
``(A) the basic exclusion amount of the deceased
spouse, over
``(B) the amount with respect to which the
tentative tax is determined under section 2001(b)(1) on
the estate of such deceased spouse.
``(6) Special rules.--
``(A) Election required.--A deceased spousal unused
exclusion amount may not be taken into account by a
surviving spouse under paragraph (5) unless the
executor of the estate of the deceased spouse files an
estate tax return on which such amount is computed and
makes an election on such return that such amount may
be so taken into account. Such election, once made,
shall be irrevocable. No election may be made under
this subparagraph if such return is filed after the
time prescribed by law (including extensions) for
filing such return.
``(B) Examination of prior returns after expiration
of period of limitations with respect to deceased
spousal unused exclusion amount.--Notwithstanding any
period of limitation in section 6501, after the time
has expired under section 6501 within which a tax may
be assessed under chapter 11 or 12 with respect to a
deceased spousal unused exclusion amount, the Secretary
may examine a return of the deceased spouse to make
determinations with respect to such amount for purposes
of carrying out this subsection.
``(7) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
this subsection.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 2505(a) of the Internal
Revenue Code of 1986, as amended by section 1(a), is amended to
read as follows:
``(1) the applicable credit amount in effect under section
2010(c) which would apply if the donor died as of the end of
the calendar year, reduced by''.
(2) Section 2631(c) of such Code is amended by striking
``the applicable exclusion amount'' and inserting ``the basic
exclusion amount''.
(3) Section 6018(a)(1) of such Code is amended by striking
``applicable exclusion amount'' and inserting ``basic exclusion
amount''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, generation-skipping transfers, and
gifts made, after December 31, 2009.
SEC. 3. SENSE OF THE SENATE REGARDING REVENUE NEUTRALITY.
It is the sense of the Senate that any reduction in Federal
revenues resulting from the provisions of, and amendments made by, this
Act should be fully offset. | Amends the Internal Revenue Code to: (1) establish a permanent estate tax exclusion of $3.5 million ($7 million for married couples filing joint tax returns) and a maximum 45% tax rate for decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009; (2) allow an annual inflation adjustment to the exclusion amount after 2010; and (3) allow a surviving spouse an increase in the estate tax exclusion by the unused exclusion amount of a deceased spouse.
Expresses the sense of the Senate that any reduction in federal revenues resulting from this Act should be fully offset. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permanently extend the estate tax as in effect in 2009, and for other purposes."} | 2,699 | 130 | 0.505859 | 1.393283 | 0.54929 | 3.466667 | 20.283333 | 0.866667 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) The Mt. Soledad Veterans Memorial has proudly stood
overlooking San Diego, California, for over 52 years as a
tribute to the members of the United States Armed Forces who
sacrificed their lives in the defense of the United States.
(2) The Mt. Soledad Veterans Memorial was dedicated on
April 18, 1954, as ``a lasting memorial to the dead of the
First and Second World Wars and the Korean conflict'' and now
serves as a memorial to American veterans of all wars,
including the War on Terrorism.
(3) The United States has a long history and tradition of
memorializing members of the Armed Forces who die in battle
with a cross or other religious emblem of their faith, and a
memorial cross is fully integrated as the centerpiece of the
multi-faceted Mt. Soledad Veterans Memorial that is replete
with secular symbols.
(4) The patriotic and inspirational symbolism of the Mt.
Soledad Veterans Memorial provides solace to the families and
comrades of the veterans it memorializes.
(5) The Mt. Soledad Veterans Memorial has been recognized
by Congress as a National Veterans Memorial and is considered a
historically significant national memorial.
(6) 76 percent of the voters of San Diego supported
donating the Mt. Soledad Memorial to the Federal Government
only to have a superior court judge of the State of California
invalidate that election.
(7) The City of San Diego has diligently pursued every
possible legal recourse in order to preserve the Mt. Soledad
Veterans Memorial in its entirety for persons who have served
in the Armed Forces and those persons who will serve and
sacrifice in the future.
(8) Congressional action is now necessary because the City
of San Diego is under a district court order to remove the
Memorial Cross from city property by August 1, 2006.
SEC. 2. ACQUISITION OF MT. SOLEDAD VETERANS MEMORIAL, SAN DIEGO,
CALIFORNIA.
(a) Acquisition.--To effectuate the purpose of section 116 of
division E of Public Law 108-447 (118 Stat. 3346; 16 U.S.C. 431 note),
which, in order to preserve a historically significant war memorial,
designated the Mt. Soledad Veterans Memorial in San Diego, California,
as a national memorial honoring veterans of the United States Armed
Forces, there is hereby vested in the United States all right, title,
and interest in and to, and the right to immediate possession of, the
Mt. Soledad Veterans Memorial in San Diego, California, as more fully
described in subsection (d).
(b) Compensation.--The United States shall pay just compensation to
any owner of the property for the property taken pursuant to this
section, and the full faith and credit of the United States is hereby
pledged to the payment of any judgment entered against the United
States with respect to the taking of the property. Payment shall be in
the amount of the agreed negotiated value of the property or the
valuation of the property awarded by judgment and shall be made from
the permanent judgment appropriation established pursuant to section
1304 of title 31, United States Code. If the parties do not reach a
negotiated settlement within one year after the date of the enactment
of this Act, the Secretary of Defense may initiate a proceeding in a
court of competent jurisdiction to determine the just compensation with
respect to the taking of such property.
(c) Maintenance.--Upon acquisition of the Mt. Soledad Veterans
Memorial by the United States, the Secretary of Defense shall manage
the property and shall enter into a memorandum of understanding with
the Mt. Soledad Memorial Association for the continued maintenance of
the Mt. Soledad Veterans Memorial by the Association.
(d) Legal Description.--The Mt. Soledad Veterans Memorial referred
to in this section is all that portion of Pueblo lot 1265 of the Pueblo
Lands of San Diego in the City and County of San Diego, California,
according to the map thereof prepared by James Pascoe in 1879, a copy
of which was filed in the office of the County Recorder of San Diego
County on November 14, 1921, and is known as miscellaneous map No. 36,
more particularly described as follows: The area bounded by the back of
the existing inner sidewalk on top of Mt. Soledad, being also a circle
with radius of 84 feet, the center of which circle is located as
follows: Beginning at the Southwesterly corner of such Pueblo Lot 1265,
such corner being South 17 degrees 14'33" East (Record South 17 degrees
14'09" East) 607.21 feet distant along the westerly line of such Pueblo
lot 1265 from the intersection with the North line of La Jolla Scenic
Drive South as described and dedicated as parcel 2 of City Council
Resolution No. 216644 adopted August 25, 1976; thence North 39 degrees
59'24" East 1147.62 feet to the center of such circle. The exact
boundaries and legal description of the Mt. Soledad Veterans Memorial
shall be determined by survey prepared by the Secretary of Defense.
Upon acquisition of the Mt. Soledad Veterans Memorial by the United
States, the boundaries of the Memorial may not be expanded. | Vests in the United States all right, title, and interest to, and the right to immediate possession of, the Mt. Soledad Veterans Memorial in San Diego, California, to provide for its preservation as a national war memorial honoring veterans.
Requires the United States to pay just compensation to the current owner of such property.
Prohibits expanding the Memorial's boundaries, upon acquisition by the United States. | {"src": "billsum_train", "title": "A bill to preserve the Mt. Soledad Veterans Memorial in San Diego, California, by providing for the immediate acquisition of the memorial by the United States."} | 1,165 | 91 | 0.507285 | 1.654949 | 0.726279 | 5.102564 | 13.205128 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Education Enhancement Act
of 2016''.
SEC. 2. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND CERTIFICATION
TESTS AND NATIONAL TESTS UNDER DEPARTMENT OF VETERANS
AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) Licensure and Certification Tests.--Section 3315(c) of title
38, United States Code, is amended by striking ``shall be determined''
and all that follows and inserting ``shall be pro-rated based on the
actual amount of the fee charged for the test''.
(b) National Tests.--Section 3315A of such title is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) A national test that evaluates prior learning and
knowledge and provides an opportunity for course credit at an
institution of higher learning as so described.''; and
(2) in subsection (c), by striking ``shall be determined''
and all that follows and inserting ``shall be pro-rated based
on the actual amount of the fee charged for the test''.
(c) Effective Date.--The amendments made by this Act shall apply to
a test taken after the date that is 90 days after the date of the
enactment of this Act.
SEC. 3. MODIFICATION OF PERCENTAGE INCREASE IN RATES PAYABLE UNDER
DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE
PROGRAMS.
(a) All-Volunteer Force.--Section 3015(h)(2) of title 38, United
States Code, is amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2025''; and
(2) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2024''.
(b) Survivors and Dependents.--Section 3564(b) of such title is
amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2025''; and
(2) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2024''.
SEC. 4. EXTENSION OF AUTHORITY FOR VETERANS' ADVISORY COMMITTEE ON
EDUCATION.
Section 3692(c) of such title is amended by striking ``December 31,
2016'' and inserting ``December 31, 2021''.
SEC. 5. TRAINING FOR SCHOOL CERTIFYING OFFICIALS.
(a) Training Requirement.--The Secretary of Veterans Affairs shall,
in consultation with the State approving agencies, set forth
requirements relating to training for school certifying officials
employed by covered educational institutions offering courses of
education approved under chapter 36 of title 38, United States Code. If
a covered educational institution does not ensure that a school
certifying official employed by the educational institution meets such
requirements, the Secretary may disapprove any course of education
offered by such educational institution.
(b) Definitions.--In this section:
(1) The term ``covered educational institution'' means an
educational institution that has enrolled 20 or more
individuals using educational assistance under title 38, United
States Code.
(2) The term ``school certifying official'' means an
employee of an educational institution with primary
responsibility for certifying veteran enrollment at the
educational institution.
(3) The term ``State approving agency'' means a department
or agency of a State designated under section 3671 of title 38,
United States Code.
SEC. 6. REDUCTION OF AMOUNT OF HOUSING STIPEND PAYMENTS FOR REDUCTION
OF COURSE HOURS.
(a) In General.--Subsection (i) of section 3313 of title 38, United
States Code, is amended to read as follows:
``(i) Determination of Housing Stipend Payments.--
``(1) In general.--Any monthly housing stipend payable
under this section during the academic year beginning on August
1 of a calendar year shall be determined utilizing rates for
basic allowances for housing payable under section 403 of title
37 in effect as of January 1 of such calendar year.
``(2) Reduction in cases of dropped classes.--In the case
of any individual who receives a monthly housing stipend
payable under this section who reduces the number of course
hours borne by the individual after the beginning of an
academic period, the Secretary shall reduce the amount of the
monthly housing stipend payable to the individual accordingly
on a pro rata basis. If the Secretary determines that an
individual received a monthly housing stipend at the beginning
of a month and that the individual reduced the number of course
hours borne by the individual such that the individual was not
entitled to the full amount of the payment received for that
month, the Secretary may reduce the amount payable to the
individual for the subsequent month by an amount equal to the
amount of the overpayment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a month that begins on or after August 1, 2017.
SEC. 7. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL
INSTITUTIONS AND JOINT APPRENTICESHIP TRAINING
COMMITTEES.
Section 3684(c) of title 38, United States Code, is amended to read
as follows:
``(c)(1) The Secretary may pay to any educational institution, or
to the sponsor of a program of apprenticeship, furnishing education or
training under either this chapter or chapter 31, 34, or 35 of this
title, a reporting fee which will be in lieu of any other compensation
or reimbursement for reports or certifications which such educational
institution or joint apprenticeship training committee is required to
submit to the Secretary by law or regulation.
``(2) Such reporting fee shall be computed for each calendar year
by multiplying $12 by the number of eligible veterans or eligible
persons enrolled under this chapter or chapter 31, 34, or 35 of this
title, or $15 in the case of those eligible veterans and eligible
persons whose educational assistance checks are directed in care of
each institution for temporary custody and delivery and are delivered
at the time of registration as provided under section 3680(d)(4) of
this title, during the calendar year. The reporting fee shall be paid
to such educational institution or joint apprenticeship training
committee as soon as feasible after the end of the calendar year for
which it is applicable.
``(3) No reporting fee payable to an educational institution under
this subsection shall be subject to offset by the Secretary against any
liability of such institution for any overpayment for which such
institution may be administratively determined to be liable under
section 3685 of this title unless such liability is not contested by
such institution or has been upheld by a final decree of a court of
appropriate jurisdiction.
``(4) Any reporting fee paid to an educational institution or joint
apprenticeship training committee after the date of the enactment of
the Post-9/11 Veterans Educational Assistance Improvements Act of 2011
(Public Law 111-377)--
``(A) shall be utilized by such institution or committee
solely for the making of certifications required under this
chapter or chapter 31, 34, or 35 of this title or for otherwise
supporting programs for veterans; and
``(B) with respect to an institution that has 75 or more
enrollees described in paragraph (2), may not be used for or
merged with amounts available for the general fund of the
educational institution or joint apprenticeship training
committee.
``(5) The reporting fee payable under this subsection shall be paid
from amounts appropriated for readjustment benefits.''. | Veterans Education Enhancement Act of 2016 This bill revises the fee that is deducted from a veteran's education entitlement under the Department of Veterans Affairs (VA) Post-9/11 educational assistance program from a monthly to a prorated fee for: (1) certain license and certification tests, and (2) national tests. The Veterans' Advisory Committee on Education is extended through December 31, 2021. The VA shall, in consultation with state approving agencies, prescribe training requirements for a school certifying official (SCO) employed by a covered educational institution offering approved veterans education courses. The VA may disapprove any course of education offered by a covered educational institution that does not ensure that an SCO meets such requirements. (A covered educational institution is an institution that has enrolled 20 or more individuals using veterans educational assistance.) The bill extends the applicability of provisions requiring rounding down, and delays the applicability of provisions requiring rounding up, of veterans educational assistance increases for: (1) the All-Volunteer Force, and (2) survivors and dependents. The VA shall reduce the monthly housing stipend on a pro rata basis for a student who reduces his or her course load, effective for a month that begins on or after August 1, 2017. A reporting fee paid by the VA to an educational institution or joint apprenticeship training committee with respect to an institution that has 75 or more enrollees may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. | {"src": "billsum_train", "title": "Veterans Education Enhancement Act of 2016"} | 1,747 | 327 | 0.503147 | 1.553476 | 0.679034 | 3.378472 | 5.236111 | 0.871528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haitian Refugee Fairness Act''.
SEC. 2. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT.
(a) Congressional Statement.--It is the sense of the Congress that
Article 33 of the Convention Relating to the Status of Refugees (done
at Geneva, July 28, 1951), as applied under Article I of the Protocol
Relating to the Status of Refugees (done at New York, January 31,
1967), imposes an obligation upon states which are party to the
Protocol that applies wherever the states act and without territorial
limitation, and Congress reaffirms that this Article 33 obligation
applies to actions of the United States with respect to individuals
within and without the territorial boundaries of the United States.
(b) Obligations Outside the United States.--The United States
Government shall not return, cause to be returned, or affect the
movement in any manner which results in returning, a national or
habitual resident of a country, who is outside the territorial
boundaries of the country of nationality or residence to the territory
where the individual's life or freedom would be threatened, and no
funds may be expended without respect to any such return, unless the
United States Government first determines in a manner that incorporates
procedural safeguards consistent with internationally endorsed
standards and guidelines that such individual is not a refugee of such
country under Article 1 of the Convention Relating to the Status of
Refugees (done at Geneva July 28, 1951) as applied under Article I of
the United Nations Protocol Relating to the Status of Refugees (done at
New York, January 31, 1967) or a person designated under Article 33 of
the Convention Relating to the Status of Refugees.
(c) Obligations Within the Territorial Waters of Another Country.--
The United States Government shall not return, cause to be returned, or
affect the movement in any manner which results in returning, a
national or habitual resident of a country, who is within the
territorial waters of his or her country of nationality or habitual
residence, to the land frontier or territorial land of the country of
nationality or residence where the individual's life or freedom would
be threatened, and no funds may be expended with respect to any such
return, unless the United States Government first determines in a
manner that incorporates procedural safeguards consistent with
internationally endorsed standards and guidelines that if that
individual were outside the territory of the country of nationality or
habitual residence such individual would not be a refugee of such
country under Article I of the Convention Relating to the Status of
Refugees (done at Geneva, July 28, 1951) as applied under Article I of
the United National Protocol Relating to the Status of Refugees (done
at New York), January 31, 1967) or a person designated under Article 33
of the Convention Relating to the Status of Refugees. This subsection
shall not constitute authority for conducting operations by the United
States Government within the territorial waters of another country.
(d) Limitations.--The provisions of this section do not apply to an
individual if--
(1) such individual ordered, incited, assisted, or
otherwise participated in the persecution of any person on
account of race, religion, nationality, membership in a
particular social group or political opinion; or
(2) such individual, having been convicted by a final
judgment of an aggravated felony (as defined in section
101(a)(43) of the Immigration and Nationality Act), constitutes
a danger to the community of the United States.
(e) Rule of Construction.--Nothing in this section shall be
construed to impose new obligations on the Government of the United
States in its treatment of nationals and habitual residents of a
country at United States diplomatic and consular missions in that
country.
SEC. 3. TEMPORARY PROTECTED STATUS FOR HAITIANS.
(a) Designation.--
(1) In general.--Haiti is hereby designated under section
244A(b) of the Immigration and Nationality Act (8 U.S.C.
1254a(b)), subject to the provisions of this section.
(2) Period of designation.--Such designation shall take
effect on the date of the enactment of this Act and shall
remain in effect for a period of 24 months from the date of
enactment of this Act or until such time as the President
certifies to Congress that a democratically elected government
is securely in place in Haiti, whichever occurs later.
(b) Aliens Eligible.--In applying section 244A of the Immigration
and Nationality Act pursuant to the designation under this section,
subject to section 244A(c)(3) of such Act, an alien who is a national
of Haiti meets the requirement of section 244A(c)(1) of such Act only
if--
(1) the alien has been continuously physically present in
the United States since November 17, 1993;
(2) the alien is admissible as an immigrant, except as
otherwise provided under section 244A(c)(2)(A) of such Act and
is not ineligible for temporary protected status under section
244A(c)(2)(B) of such Act; and
(3) the alien registers for temporary protected status in a
manner which the Attorney General shall establish.
(c) Registration Fee.--Subject to section 244A(c)(3) of the
Immigration and Nationality Act, the Attorney General may provide for
the payment of a fee as a condition of registering an alien under
subsection (b) of this section.
SEC. 4. REIMBURSEMENT FOR STATE AND LOCAL GOVERNMENT COSTS.
Notwithstanding any other provision of law, the Attorney General
shall reimburse from funds authorized under section 404(b)(1) of the
Immigration and Nationality Act, State and local governments for
incremental costs associated with Haitian nationals who are paroled
into the United States by the Immigration and Naturalization Service
under section 212(d)(5) of the Immigration and Nationality Act.
SEC. 5. FUNDING FOR COMMUNITY RELATIONS SERVICE OF THE UNITED STATES
DEPARTMENT OF JUSTICE AND CUBAN/HAITIAN PRIMARY SECONDARY
MIGRATION PROGRAM FOR FISCAL YEARS 1994, 1995 AND 1996.
(a) Community Relations Service.--Of the funds appropriated for the
United States Department of Justice for fiscal years 1994, 1995, and
1996, not less than $27,000,000 shall be made available in each fiscal
year to the Community Relations Service.
(b) Cuban/Haitian Primary Secondary Migration Program.--Of the
funds referred to in subsection (a), not less than $6,000,000 in each
of fiscal years 1994, 1995, and 1996 shall be used to provide primary
and secondary resettlement services for Cubans and Haitians paroled
into the United States by the Immigration and Naturalization Service
under section 212(d)(5) of the Immigration and Nationality Act.
SEC. 6. CUBAN/HAITIAN ENTRANT EMERGENCY FUND.
Section 404 of the Immigration and Nationality Act (8 U.S.C. 1101,
note.) is amended by adding at the end the following new subsection:
``(c) Cuban/Haitian Entrant Emergency Fund.
``(1) Authorization of appropriations.--There are
authorized to be appropriated for fiscal year 1994 and any
subsequent fiscal year to a Cuban/Haitian Entrant Emergency
Fund to be established in the Treasury, an amount sufficient to
provide for a balance of $5,000,000 in such fund, to be used to
carry out the purposes described in paragraph (3).
``(2) Conditions for use of fund.--Funds which are
authorized to be appropriated by paragraph (1) shall be
available whenever--
``(A) the number of Cubans and Haitians paroled
into the United States by the Immigration and
Naturalization Service under section 212(d)5 of the
Immigration and Nationality Act in a single fiscal year
has exceeded the estimate made by the Attorney General
as required in paragraph (4), and
``(B) funds appropriated for the Cuban/Haitian
Primary/Secondary Resettlement Program are inadequate
to provide primary and secondary resettlement services
at the fiscal year 1993 funding and service level.
``(3) ______. Funds which are authorized to be appropriated
by paragraph (1) shall be available solely for the purpose of
assisting with the processing, placement and reception of
Cubans and Haitians paroled into the United States by the
Immigration and Naturalization Service under section 212(d)(5)
of the Immigration and Nationality Act.
``(4) Annual estimation of cuban and haitian parolees.
``(A) The Attorney General of the United States
shall submit each year, concurrent with the President's
annual budget request, an estimate of the number of
Cubans and Haitians who are expected to be paroled into
the United States under section 212(d)(5) of the
Immigration and Nationality Act in the next fiscal
year. Such estimate shall be made independently from
the budget request for any programs for Cuban and
Haitian parolees.
``(B) In determining the estimate required by
paragraph (4)(A), the Attorney General shall take into
consideration a number of factors, including but not
limited to--
``(i) previous experience and current
trends in the number of Cubans and Haitians
paroled into the United States under section
212(d)(5) of the Immigration and Nationality
Act, and
``(ii) political circumstances and trends
in Cuba and Haiti.''. | Haitian Refugee Fairness Act - Expresses the sense of the Congress with respect to U.S. obligations in support of the international law requirement of nonrefoulement.
Prohibits the U.S. Government from returning or causing to be returned to Haiti any Haitian national (with specified exceptions for certain felons and persons who participated in persecutions) outside U.S. territorial waters, or inside territorial waters of another country, unless the Government has first determined the individual not to be a refugee.
(Sec. 3) Provides: (1) temporary protected status for qualifying Haitians; and (2) reimbursement for related State and local costs.
(Sec. 5) Obligates specified funds for: (1) the Community Relations Service; and (2) primary and secondary resettlement services for paroled Cubans and Haitians.
(Sec. 6) Amends the Immigration and Nationality Act to authorize appropriations for a Cuban/Haitian Entrant Emergency Fund to be established in the Treasury.
Requires the Attorney General to provide an annual estimation of Cuban and Haitian parolees. | {"src": "billsum_train", "title": "Haitian Refugee Fairness Act"} | 2,130 | 247 | 0.46973 | 1.454777 | 0.891249 | 2.729592 | 9.397959 | 0.862245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ADA Education and Reform Act of
2017''.
SEC. 2. COMPLIANCE THROUGH EDUCATION.
(a) In General.--Based on existing funding, the Disability Rights
Section of the Department of Justice shall, in consultation with
property owners and representatives of the disability rights community,
develop a program to educate State and local governments and property
owners on effective and efficient strategies for promoting access to
public accommodations for persons with a disability (as defined in
section 3 of the Americans with Disabilities Act (42 U.S.C. 12102)).
Such program may include training for professionals such as Certified
Access Specialists to provide a guidance of remediation for potential
violations of the Americans with Disabilities Act.
(b) Materials Provided in Other Languages.--The Disability Rights
Section of the Department of Justice shall take appropriate actions, to
the extent practicable, to make technical assistance publications
relating to compliance with this Act and the amendments made by this
Act available in all the languages commonly used by owners and
operators of United States businesses.
SEC. 3. NOTICE AND CURE PERIOD.
Paragraph (1) of section 308(a) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows:
``(1) Availability of remedies and procedures.--
``(A) In general.--Subject to subparagraph (B), the
remedies and procedures set forth in section 204(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are
the remedies and procedures this title provides to any
person who is being subjected to discrimination on the
basis of disability in violation of this title or who
has reasonable grounds for believing that such person
is about to be subjected to discrimination in violation
of section 303. Nothing in this section shall require a
person with a disability to engage in a futile gesture
if such person has actual notice that a person or
organization covered by this title does not intend to
comply with its provisions.
``(B) Barriers to access to existing public
accommodations.--A civil action under section 302 or
303 based on the failure to remove an architectural
barrier to access into an existing public accommodation
may not be commenced by a person aggrieved by such
failure unless--
``(i) that person has provided to the owner
or operator of the accommodation a written
notice specific enough to allow such owner or
operator to identify the barrier; and
``(ii)(I) during the period beginning on
the date the notice is received and ending 60
days after that date, the owner or operator
fails to provide to that person a written
description outlining improvements that will be
made to remove the barrier; or
``(II) if the owner or operator provides
the written description under subclause (I),
the owner or operator fails to remove the
barrier or, in the case of a barrier, the
removal of which requires additional time as a
result of circumstances beyond the control of
the owner or operator, fails to make
substantial progress in removing the barrier
during the period beginning on the date the
description is provided and ending 60 days
after that date.
``(C) Specification of details of alleged
violation.--The written notice required under
subparagraph (B) must also specify in detail the
circumstances under which an individual was actually
denied access to a public accommodation, including the
address of property, whether a request for assistance
in removing an architectural barrier to access was
made, and whether the barrier to access was a permanent
or temporary barrier.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect 30 days
after the date of the enactment of this Act.
SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHITECTURAL BARRIERS.
The Judicial Conference of the United States shall, under rule 16
of the Federal Rules of Civil Procedure or any other applicable law, in
consultation with property owners and representatives of the disability
rights community, develop a model program to promote the use of
alternative dispute resolution mechanisms, including a stay of
discovery during mediation, to resolve claims of architectural barriers
to access for public accommodations. To the extent practical, the
Federal Judicial Center should provide a public comment period on any
such proposal. The goal of the model program shall be to promote access
quickly and efficiently without the need for costly litigation. The
model program should include an expedited method for determining the
relevant facts related to such barriers to access and steps taken
before the commencement of litigation to resolve any issues related to
access.
Passed the House of Representatives February 15, 2018.
Attest:
KAREN L. HAAS,
Clerk. | ADA Education and Reform Act of 2017 (Sec. 2) This bill requires the Disability Rights Section of the Department of Justice to develop a program to educate state and local governments and property owners on strategies for promoting access to public accommodations for persons with a disability. The program may include training for professionals to provide a guidance of remediation for potential violations of the Americans with Disabilities Act of 1990. (Sec. 3) The bill prohibits civil actions based on the failure to remove an architectural barrier to access into an existing public accommodation unless: (1) the aggrieved person has provided to the owners or operators a written notice specific enough to identify the barrier, and (2) the owners or operators fail to provide the person with a written description outlining improvements that will be made to improve the barrier or they fail to remove the barrier or make substantial progress after providing such a description. The aggrieved person's notice must specify the circumstances under which public accommodation access was denied. (Sec. 5) The Judicial Conference of the United States must develop a model program to promote alternative dispute resolution mechanisms to resolve such claims. The model program should include an expedited method for determining relevant facts related to such barriers and steps to resolve accessibility issues before litigation. | {"src": "billsum_train", "title": "ADA Education and Reform Act of 2017"} | 1,054 | 272 | 0.621912 | 2.011693 | 0.869506 | 4.280992 | 4.008264 | 0.950413 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Capacity for Health
Outcomes Act'' or the ``ECHO Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Health professional shortage area.--The term ``health
professional shortage area'' means a health professional shortage
area designated under section 332 of the Public Health Service Act
(42 U.S.C. 254e).
(2) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Medically underserved area.--The term ``medically
underserved area'' has the meaning given the term ``medically
underserved community'' in section 799B of the Public Health
Service Act (42 U.S.C. 295p).
(4) Medically underserved population.--The term ``medically
underserved population'' has the meaning given the term in section
330(b) of the Public Health Service Act (42 U.S.C. 254b(b)).
(5) Native americans.--The term ``Native Americans'' has the
meaning given the term in section 736 of the Public Health Service
Act (42 U.S.C. 293) and includes Indian tribes and tribal
organizations.
(6) Secretary.--The term ``Secretary'' means the Secretary of
Health and Human Services.
(7) Technology-enabled collaborative learning and capacity
building model.--The term ``technology-enabled collaborative
learning and capacity building model'' means a distance health
education model that connects specialists with multiple other
health care professionals through simultaneous interactive
videoconferencing for the purpose of facilitating case-based
learning, disseminating best practices, and evaluating outcomes.
(8) Tribal organization.--The term ``tribal organization'' has
the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 3. EXAMINATION AND REPORT ON TECHNOLOGY-ENABLED COLLABORATIVE
LEARNING AND CAPACITY BUILDING MODELS.
(a) Examination.--
(1) In general.--The Secretary shall examine technology-enabled
collaborative learning and capacity building models and their
impact on--
(A) addressing mental and substance use disorders, chronic
diseases and conditions, prenatal and maternal health,
pediatric care, pain management, and palliative care;
(B) addressing health care workforce issues, such as
specialty care shortages and primary care workforce
recruitment, retention, and support for lifelong learning;
(C) the implementation of public health programs, including
those related to disease prevention, infectious disease
outbreaks, and public health surveillance;
(D) the delivery of health care services in rural areas,
frontier areas, health professional shortage areas, and
medically underserved areas, and to medically underserved
populations and Native Americans; and
(E) addressing other issues the Secretary determines
appropriate.
(2) Consultation.--In the examination required under paragraph
(1), the Secretary shall consult public and private stakeholders
with expertise in using technology-enabled collaborative learning
and capacity building models in health care settings.
(b) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of Representatives,
and post on the appropriate website of the Department of Health and
Human Services, a report based on the examination under subsection
(a).
(2) Contents.--The report required under paragraph (1) shall
include findings from the examination under subsection (a) and each
of the following:
(A) An analysis of--
(i) the use and integration of technology-enabled
collaborative learning and capacity building models by
health care providers;
(ii) the impact of such models on health care provider
retention, including in health professional shortage areas
in the States and communities in which such models have
been adopted;
(iii) the impact of such models on the quality of, and
access to, care for patients in the States and communities
in which such models have been adopted;
(iv) the barriers faced by health care providers,
States, and communities in adopting such models;
(v) the impact of such models on the ability of local
health care providers and specialists to practice to the
full extent of their education, training, and licensure,
including the effects on patient wait times for specialty
care; and
(vi) efficient and effective practices used by States
and communities that have adopted such models, including
potential cost-effectiveness of such models.
(B) A list of such models that have been funded by the
Secretary in the 5 years immediately preceding such report,
including the Federal programs that have provided funding for
such models.
(C) Recommendations to reduce barriers for using and
integrating such models, and opportunities to improve adoption
of, and support for, such models as appropriate.
(D) Opportunities for increased adoption of such models
into programs of the Department of Health and Human Services
that are in existence as of the report.
(E) Recommendations regarding the role of such models in
continuing medical education and lifelong learning, including
the role of academic medical centers, provider organizations,
and community providers in such education and lifelong
learning.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on November 29, 2016. Expanding Capacity for Health Outcomes Act or the ECHO Act (Sec. 3) This bill requires the Department of Health and Human Services (HHS) to report on technology-enabled collaborative learning and capacity building models, which connect specialists to primary care providers through videoconferencing to facilitate case-based learning, dissemination of best practices, and evaluation of outcomes. The report must include: (1) an analysis of the use, integration, and impact of such models; (2) a list of such models recently funded by HHS; (3) recommendations to reduce barriers to adoption of such models; (4) opportunities for adoption of such models into HHS programs; and (5) recommendations regarding the role of such models in continuing medical education. | {"src": "billsum_train", "title": "ECHO Act"} | 1,237 | 171 | 0.51085 | 1.545553 | 0.694335 | 2.793939 | 6.739394 | 0.866667 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Deficit Reduction
for Infrastructure, Value, and Efficiency Now Act of 2014'' or the
``DRIVE Now Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HIGHWAY TRUST FUND
Sec. 101. Funding of Highway Trust Fund.
TITLE II--COST REDUCTION MEASURES
Subtitle A--Data Center Consolidation
Sec. 201. Purpose.
Sec. 202. Definitions.
Sec. 203. Federal Data Center Optimization Initiative.
Sec. 204. Performance requirements related to data center
consolidation.
Sec. 205. Cost savings related to data center optimization.
Sec. 206. Reporting requirements to Congress and the Federal Chief
Information Officer.
Sec. 207. Reduction and consolidation of data centers.
Subtitle B--Repeal of Duplicative Catfish Inspection Program
Sec. 211. Repeal of duplicative catfish inspection program.
Subtitle C--Closing Empty Bank Accounts
Sec. 221. Documenting and closing long-empty Federal bank accounts.
TITLE I--HIGHWAY TRUST FUND
SEC. 101. FUNDING OF HIGHWAY TRUST FUND.
Section 9503(f) of the Internal Revenue Code of 1986 is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Additional sums.--Out of money in the Treasury not
otherwise appropriated, there is hereby appropriated
$5,000,000,000 to the Highway Account (as defined in subsection
(e)(5)(B)) in the Highway Trust Fund.''.
TITLE II--COST REDUCTION MEASURES
Subtitle A--Data Center Consolidation
SEC. 201. PURPOSE.
The purpose of this subtitle is to optimize Federal data center
usage and efficiency.
SEC. 202. DEFINITIONS.
In this subtitle:
(1) Federal data center optimization initiative.--The term
``Federal Data Center Optimization Initiative'' or the
``Initiative'' means the initiative developed and implemented
by the Director of the Office of Management and Budget, through
the Federal Chief Information Officer, as required under
section 203.
(2) Covered agency.--The term ``covered agency'' means any
agency included in the Federal Data Center Optimization
Initiative.
(3) Federal chief information officer.--The term ``Federal
Chief Information Officer'' means the Administrator of the
Office of Electronic Government established under section 3602
of title 44, United States Code.
(4) Data center.--The term ``data center'' means a closet,
room, floor, or building for the storage, management, and
dissemination of data and information, as defined by the
Federal Chief Information Officer under guidance issued
pursuant to this section.
(5) Federal data center.--The term ``Federal data center''
means any data center of a covered agency used or operated by a
covered agency, by a contractor of a covered agency, or by
another organization on behalf of a covered agency.
(6) Server utilization.--The term ``server utilization''
refers to the activity level of a server relative to its
maximum activity level, expressed as a percentage.
(7) Power usage effectiveness.--The term ``power usage
effectiveness'' means the ratio obtained by dividing the total
amount of electricity and other power consumed in running a
data center by the power consumed by the information and
communications technology in the data center.
SEC. 203. FEDERAL DATA CENTER OPTIMIZATION INITIATIVE.
(a) Requirement for Initiative.--The Federal Chief Information
Officer, in consultation with the chief information officers of covered
agencies, shall develop and implement an initiative, to be known as the
Federal Data Center Optimization Initiative, to optimize the usage and
efficiency of Federal data centers by meeting the requirements of this
Act and taking additional measures, as appropriate.
(b) Requirement for Plan.--Within 6 months after the date of the
enactment of this Act, the Federal Chief Information Officer, in
consultation with the chief information officers of covered agencies,
shall develop and submit to Congress a plan for implementation of the
Initiative required by subsection (a) by each covered agency. In
developing the plan, the Federal Chief Information Officer shall take
into account the findings and recommendations of the Comptroller
General review required by section 205(e).
(c) Matters Covered.--The plan shall include--
(1) descriptions of how covered agencies will use
reductions in floor space, energy use, infrastructure,
equipment, applications, personnel, increases in
multiorganizational use, and other appropriate methods to meet
the requirements of the initiative; and
(2) appropriate consideration of shifting federally owned
data centers to commercially owned data centers.
SEC. 204. PERFORMANCE REQUIREMENTS RELATED TO DATA CENTER
CONSOLIDATION.
(a) Server Utilization.--Each covered agency may use the following
methods to achieve the maximum server utilization possible as
determined by the Federal Chief Information Officer:
(1) The closing of existing data centers that lack adequate
server utilization, as determined by the Federal Chief
Information Officer. If the agency fails to close such data
centers, the agency shall provide a detailed explanation as to
why this data center should remain in use as part of the
submitted plan. The Federal Chief Information Officer shall
include an assessment of the agency explanation in the annual
report to Congress.
(2) The consolidation of services within existing data
centers to increase server utilization rates.
(3) Any other method that the Federal Chief Information
Officer, in consultation with the chief information officers of
covered agencies, determines necessary to optimize server
utilization.
(b) Power Usage Effectiveness.--Each covered agency may use the
following methods to achieve the maximum energy efficiency possible as
determined by the Federal Chief Information Officer:
(1) The use of the measurement of power usage effectiveness
to calculate data center energy efficiency.
(2) The use of power meters in data centers to frequently
measure power consumption over time.
(3) The establishment of power usage effectiveness goals
for each data center.
(4) The adoption of best practices for managing--
(A) temperature and airflow in data centers; and
(B) power supply efficiency.
(5) The implementation of any other method that the Federal
Chief Information Officer, in consultation with the Chief
Information Officers of covered agencies, determines necessary
to optimize data center energy efficiency.
SEC. 205. COST SAVINGS RELATED TO DATA CENTER OPTIMIZATION.
(a) Requirement To Track Costs.--
(1) In general.--Each covered agency shall track costs
resulting from implementation of the Federal Data Center
Optimization Initiative within the agency and submit a report
on those costs annually to the Federal Chief Information
Officer. Covered agencies shall determine the net costs from
data consolidation on an annual basis.
(2) Factors.--In calculating net costs each year under
paragraph (1), a covered agency shall use the following
factors:
(A) Energy costs.
(B) Personnel costs.
(C) Real estate costs.
(D) Capital expense costs.
(E) Operating system, database, and other software
license expense costs.
(F) Other appropriate costs, as determined by the
agency in consultation with the Federal Chief
Information Officer.
(b) Requirement To Track Savings.--
(1) In general.--Each covered agency shall track savings
resulting from implementation of the Federal Data Center
Optimization Initiative within the agency and submit a report
on those savings annually to the Federal Chief Information
Officer. Covered agencies shall determine the net savings from
data consolidation on an annual basis.
(2) Factors.--In calculating net savings each year under
paragraph (1), a covered agency shall use the following
factors:
(A) Energy savings.
(B) Personnel savings.
(C) Real estate savings.
(D) Capital expense savings.
(E) Operating system, database, and other software
license expense savings.
(F) Other appropriate savings, as determined by the
agency in consultation with the Federal Chief
Information Officer.
(c) Requirement To Use Cost-Effective Measures.--Covered agencies
shall use the most cost-effective measures to implement the Federal
Data Center Optimization Initiative.
(d) Use of Savings.--Any savings resulting from implementation of
the Federal Data Center Optimization Initiative within a covered agency
shall be used for the following purposes:
(1) To offset the costs of implementing the Initiative
within the agency.
(2) To further enhance information technology capabilities
and services within the agency.
(e) Government Accountability Office Review.--Not later than 3
months after the date of the enactment of this Act, the Comptroller
General of the United States shall examine methods for calculating
savings from the Federal Data Center Optimization Initiative and using
them for the purposes identified in subsection (d), including
establishment and use of a special revolving fund that supports data
centers and server optimization, and shall submit to the Federal Chief
Information Officer and Congress a report on the Comptroller General's
findings and recommendations.
SEC. 206. REPORTING REQUIREMENTS TO CONGRESS AND THE FEDERAL CHIEF
INFORMATION OFFICER.
(a) Agency Requirement To Report to CIO.--Each year, each covered
agency shall submit to the Federal Chief Information Officer a report
on the implementation of the Federal Data Center Optimization
Initiative, including savings resulting from such implementation. The
report shall include an update of the agency's plan for implementing
the Initiative.
(b) Federal Chief Information Officer Requirement To Report to
Congress.--Each year, the Federal Chief Information Officer shall
submit to the relevant congressional committees a report that assesses
agency progress in carrying out the Federal Data Center Optimization
Initiative and updates the plan under section 113. The report may be
included as part of the annual report required under section 3606 of
title 44, United States Code.
SEC. 207. REDUCTION AND CONSOLIDATION OF DATA CENTERS.
(a) OMB Recommendation.--Not later than 6 months after the date of
the enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Administrator of General Services and
the heads of other executive agencies, shall issue recommendations for
reducing or consolidating the number of Federal data centers in
existence as of the date of the enactment of this Act--
(1) by at least 40 percent not later than September 30,
2018; and
(2) by at least 80 percent not later than September 30,
2023.
(b) Reduction of Data Centers.--Not later than 6 months after the
issuance of recommendations by the Director under subsection (a), the
head of each executive agency shall implement the recommendations by
reducing the number of Federal data centers in accordance with such
recommendations.
Subtitle B--Repeal of Duplicative Catfish Inspection Program
SECTION 211. REPEAL OF DUPLICATIVE CATFISH INSPECTION PROGRAM.
(a) In General.--Effective on the date of the enactment of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.),
section 11016 of such Act (Public Law 110-246; 122 Stat. 2130) and the
amendments made by such section are repealed.
(b) Application.--The Agricultural Marketing Act of 1946 (7 U.S.C.
1621 et seq.) and the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.) shall be applied and administered as if section 11016 (Public Law
110-246; 122 Stat. 2130) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8701 et seq.) and the amendments made by such section
had not been enacted.
Subtitle C--Closing Empty Bank Accounts
SEC. 221. DOCUMENTING AND CLOSING LONG-EMPTY FEDERAL BANK ACCOUNTS.
(a) Inspectors General Report.--Not later than 6 months after the
date of the enactment of this Act, the Council of the Inspectors
General on Integrity and Efficiency shall submit to Congress a report
that--
(1) lists each bank account held by the United States
Government that has a balance of zero dollars for 180 days or
more; and
(2) recommends which of these accounts should be
immediately closed.
(b) Closure of Accounts Required.--Not later than 7 days after the
report is submitted under subsection (a), the head of each agency with
a bank account recommended for closure in the report described in
subsection (a) shall close each such account that is managed by the
agency.
(c) Agency Defined.--In this section, the term ``agency'' has the
meaning given that term in section 551 of title 5, United States Code. | Deficit Reduction for Infrastructure, Value, and Efficiency Now Act of 2014 or the DRIVE Now Act of 2014 - Appropriates additional funding for the Highway Account in the Highway Trust Fund. Requires the Federal Chief Information Officer (defined as the Administrator of the Office of Electronic Government in the Office of Management and Budget [OMB]) to: (1) develop and implement the Federal Data Center Optimization Initiative to optimize the usage and efficiency of federal data centers, and (2) submit a plan to Congress for the implementation of the Initiative Sets forth permissible methods for agencies to consolidate data centers and achieve maximum server utilization and energy efficiency. Requires agencies to track their costs and savings resulting from implementation of the Initiative and to report annually to the Federal Chief Information Officer on such implementation. Directs the Comptroller General (GAO) to examine methods for calculating savings from the Initiative and to report findings and make recommendations to the Federal Chief Information Officer and to Congress. Requires the Federal Chief Information Officer to report annually to relevant congressional committees assessing agency progress in carrying out the Initiative. Directs the OMB Director to issue recommendations for reducing or consolidating the number of federal data centers by at least 40% not later than September 30, 2018, and by at least 80% not later than September 30, 2023. Repeals a provision of the Food, Conservation, and Energy Act of 2008 establishing an inspection and grading program for catfish and other species of farm-raised fish or shellfish effective on the date of enactment of such Act. Directs the Council of the Inspectors General on Integrity and Efficiency to submit a report to Congress that lists each bank account held by the federal government that has had a zero balance for 180 days, with recommendations as to which accounts should be immediately closed. Requires the closure of any accounts recommended for closure within 7 days after the submission of such report. | {"src": "billsum_train", "title": "DRIVE Now Act of 2014"} | 2,887 | 442 | 0.542191 | 1.856375 | 0.76075 | 3.549858 | 7.333333 | 0.900285 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent Contractor Tax Fairness
and Simplification Act of 2012''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Independent contractors play a vital role in our
economy.
(2) Independent contractors embrace the entrepreneurial
spirit of our country and are free to seek economic
opportunities that best fit their needs.
(3) Many small businesses start as an independent
contractor and grow creating jobs for other individuals.
(4) The proper classification of individuals as employees
and independent contractors is a significant responsibility for
businesses.
(5) The rules and guidelines for determining whether an
individual is an independent contractor or an employee lack
clarity and consistency.
(6) It is in the best interests of taxpayers, the Federal
Government and the business community to have fair and
objective rules for determining who is an independent
contractor and who is an employee.
SEC. 3. STANDARDS FOR DETERMINING EMPLOYMENT STATUS.
(a) In General.--Chapter 25 of the Internal Revenue Code of 1986
(general provisions relating to employment taxes) is amended by adding
after section 3510 the following new sections:
``SEC. 3511. CONTROVERSIES INVOLVING WHETHER INDIVIDUALS ARE EMPLOYEES
FOR PURPOSES OF THE EMPLOYMENT TAXES.
``(a) Termination of Certain Employment Tax Liability.--
``(1) In general.--If--
``(A) for purposes of employment taxes, the
taxpayer did not treat an individual as an employee for
any period, and
``(B) in the case of periods after December 31,
1978, all returns (including information returns)
required to be filed by the taxpayer with respect to
such individual for such period are filed on a basis
consistent with the taxpayer's treatment of such
individual as not being an employee,
then, for purposes of applying such taxes for such period with
respect to the taxpayer, the individual shall be deemed not to
be an employee unless the taxpayer had no reasonable basis for
not treating such individual as an employee.
``(2) Statutory standards providing one method of
satisfying the requirements of paragraph (1).--For purposes of
paragraph (1), a taxpayer shall in any case be treated as
having a reasonable basis for not treating an individual as an
employee for a period if the taxpayer's treatment of such
individual for such period was in reasonable reliance on any of
the following--
``(A) judicial precedent, published rulings,
technical advice with respect to the taxpayer, or a
letter ruling to the taxpayer,
``(B) a past Internal Revenue Service audit of the
taxpayer in which there was no assessment attributable
to the treatment (for employment tax purposes) of the
individuals holding positions substantially similar to
the position held by this individual, or
``(C) long-standing recognized practice of a
significant segment of the industry in which such
individual was engaged.
``(3) Consistency required in the case of prior tax
treatment.--Paragraph (1) shall not apply with respect to the
treatment of any individual for employment tax purposes for any
period ending after December 31, 2012, if the taxpayer (or a
predecessor) has treated any individual holding a substantially
similar position as an employee for purposes of the employment
taxes for any period beginning after December 31, 2011.
``(4) Refund or credit of overpayment.--If refund or credit
of any overpayment of an employment tax resulting from the
application of paragraph (1) is not barred on the date of the
enactment of this section by any law or rule of law, the period
for filing a claim for refund or credit of such overpayment (to
the extent attributable to the application of paragraph (1))
shall not expire before the date 1 year after the date of the
enactment of this section.
``(b) Prohibition Against Regulations and Rulings on Employment
Status.--Except for purposes of providing Revenue Rulings with respect
to section 3512, no regulation or Revenue Ruling shall be published on
or after the date of the enactment of this section by the Department of
the Treasury (including the Internal Revenue Service) with respect to
the employment status of any individual for purposes of the employment
taxes.
``(c) Definitions.--For purposes of this section--
``(1) Employment tax.--The term `employment tax' means any
tax imposed by this subtitle.
``(2) Employment status.--The term `employment status'
means the status of an individual, under the usual common law
rules applicable in determining the employer-employee
relationship, as an employee or as an independent contractor
(or other individual who is not an employee).
``(d) Exception.--This section shall not apply in the case of an
individual who, pursuant to an arrangement between the taxpayer and
another person, provides services for such other person as an engineer,
designer, drafter, computer programmer, systems analyst, or other
similarly skilled worker engaged in a similar line of work.
``(e) Special Rules for Application of Section.--
``(1) Notice of availability of section.--An officer or
employee of the Internal Revenue Service shall, before or at
the commencement of any audit inquiry relating to the
employment status of one or more individuals who perform
services for the taxpayer, provide the taxpayer with a written
notice of the provisions of this section.
``(2) Rules relating to statutory standards.--For purposes
of subsection (a)(2)--
``(A) a taxpayer may not rely on an audit commenced
after December 31, 1996, for purposes of subparagraph
(B) thereof unless such audit included an examination
for employment tax purposes of whether the individual
involved (or any individual holding a position
substantially similar to the position held by the
individual involved) should be treated as an employee
of the taxpayer,
``(B) in no event shall the significant segment
requirement of subparagraph (C) thereof be construed to
require a reasonable showing of the practice of more
than 25 percent of the industry (determined by not
taking into account the taxpayer), and
``(C) in applying the long-standing recognized
practice requirement of subparagraph (C) thereof--
``(i) such requirement shall not be
construed as requiring the practice to have
continued for more than 10 years, and
``(ii) a practice shall not fail to be
treated as long-standing merely because such
practice began after 1978.
``(3) Availability of safe harbors.--Nothing in this
section shall be construed to provide that subsection (a) only
applies where the individual involved is otherwise an employee
of the taxpayer.
``(4) Burden of proof.--
``(A) In general.--If--
``(i) a taxpayer establishes a prima facie
case that it was reasonable not to treat an
individual as an employee for purposes of this
section, and
``(ii) the taxpayer has fully cooperated
with reasonable requests from the Secretary of
the Treasury or his delegate,
then the burden of proof with respect to such treatment
shall be on the Secretary.
``(B) Exception for other reasonable basis.--In the
case of any issue involving whether the taxpayer had a
reasonable basis not to treat an individual as an
employee for purposes of this section, subparagraph (A)
shall only apply for purposes of determining whether
the taxpayer meets the requirements of subparagraph
(A), (B), or (C) of subsection (a)(2).
``(5) Preservation of prior period safe harbor.--If--
``(A) an individual would (but for the treatment
referred to in subparagraph (B)) be deemed not to be an
employee of the taxpayer under subsection (a) for any
prior period, and
``(B) such individual is treated by the taxpayer as
an employee for employment tax purposes for any
subsequent period,
then, for purposes of applying such taxes for such prior period
with respect to the taxpayer, the individual shall be deemed
not to be an employee.
``(6) Substantially similar position.--For purposes of this
section, the determination as to whether an individual holds a
position substantially similar to a position held by another
individual shall include consideration of the relationship
between the taxpayer and such individuals.
``SEC. 3512. SAFE HARBOR STANDARDS FOR DETERMINING EMPLOYMENT STATUS.
``(a) General Rule.--For purposes of this title, if the
requirements of subsection (c) are met with respect to any service
performed by any service provider, then with respect to such service--
``(1) the service provider shall not be treated as an
employee,
``(2) the service recipient shall not be treated as an
employer,
``(3) the payor shall not be treated as an employer, and
``(4) compensation paid or received for such service shall
not be treated as paid or received with respect to employment.
``(b) Statutory Employees.--Nothing in this section shall supersede
the categories of employees described in section 3121(d)(3).
``(c) Requirements.--
``(1) In general.--The requirements of this subsection are
met if the requirements of paragraphs (2) and (3) are met.
``(2) Investment or income fluctuation.--A service provider
meets the requirements of this paragraph if the service
provider--
``(A) incurs significant financial responsibility
for providing and maintaining the necessary equipment
and facilities to perform the work outlined in their
qualified agreement, and
``(B) either--
``(i) incurs unreimbursed expenses, or
``(ii) risks income fluctuations because
the remuneration with respect to such service
is directly related to sales or other output
rather than solely to the number of hours
actually worked or expenses incurred.
``(3) Control of time worked and performance of services.--
A service provider meets the requirements of this paragraph if
the service provider--
``(A) is compensated upon factors related to the
work performed, such as a percentage of revenue or
scheduled rates, and not solely on the basis of hours
or time expended, and
``(B) substantially controls the means and manner
of performing the services, in conformance with
regulatory requirements, the specifications of the
service recipient or payor and any additional
requirements specified in the qualified agreement.
``(d) Definitions.--For the purposes of this section--
``(1) Service provider.--The term `service provider' means
any individual or entity that performs service for another
company under a qualified agreement.
``(2) Service recipient.--The term `service recipient'
means the person or entity for whom the service provider
performs such service.
``(3) Payor.--The term `payor' means the person or entity
that pays the service provider for the performance of such
service in the event that the service recipients do not pay the
service provider.
``(4) Exceptions.--The terms `service recipient' and
`payor' do not include any entity which is owned in whole or in
part by the service provider.
``(5) Qualified agreement.--The term `qualified agreement'
means a written contract between a service provider and the
service recipient for whom the services are performed or the
payor that provides that the service provider--
``(A) will not be treated as an employee with
respect to such services for the purpose of this title,
and
``(B) has been informed of the Federal tax
obligations resulting from such treatment.''.
(b) Conforming Amendments.--
(1) Section 530 of the Revenue Act of 1978 is hereby
repealed.
(2) The table of sections for chapter 25 of such Code is
amended by adding at the end the following new items:
``Sec. 3511. Controversies involving whether individuals are employees
for purposes of the employment taxes.
``Sec. 3512. Safe harbor standards for determining employment
status.''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall take effect beginning on the
first day of the first calendar year beginning after the date
of enactment of this Act.
(2) Repeal of section 530.--The amendment made by
subsection (b)(1) shall apply to periods in calendar years
beginning after the date of enactment of this Act. | Independent Contractor Tax Fairness and Simplification Act of 2012 - Amends the Internal Revenue Code to set forth criteria for classifying a worker as an employee or an independent contractor.
Prohibits: (1) any retroactive assessment of employment tax, except with respect to certain skilled workers, for tax periods after December 31, 1978, unless the employer had no reasonable basis for not treating a worker as an employee, and (2) the issuance, after the enactment of this Act, of Treasury regulations with respect to the employment status of any individual for purposes of the employment tax.
Establishes safe harbor provisions upon which a service recipient or payor may rely in classifying a service provider as an independent contractor rather than as an employee where the service provider: (1) incurs significant financial responsibility for providing and maintaining equipment and facilities to perform work under a contract; (2) incurs unreimbursed expenses or risks income fluctuations because remuneration is directly related to sales or other output rather than solely to the number of hours actually worked or expenses incurred; (3) is compensated on factors related to the work performed and not solely on the basis of hours or time expended; and (4) substantially controls the means and manner of performing the contract services, the specifications of the service recipient or payor, and any additional contractual requirements. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide standards for determining employment status, and for other purposes."} | 2,717 | 281 | 0.530929 | 1.74566 | 0.825063 | 3.541502 | 10.185771 | 0.940711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Art and Antiquity Revenue
Prevention Act of 2016'' or the ``TAAR Act''.
SEC. 2. STOLEN CULTURAL PROPERTY.
Chapter 113 of title 18, United States Code, is amended--
(1) in section 2314--
(A) in the first undesignated paragraph, by
inserting ``, or cultural property of the value of $50
or more'' after ``$5,000 or more'';
(B) in the second undesignated paragraph, by
inserting ``, or cultural property of the value of $50
or more'' after ``$5,000 or more'';
(C) in the ninth undesignated paragraph--
(i) by striking ``section the term'' and
inserting the following: ``section--
``(A) the term `cultural property' has the meaning given
that term in section 302 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2601); and
``(B) the term''; and
(D) by adding at the end the following:
``For purposes of an offense under this section, cultural property
that has been removed or excavated in violation of local law shall be
considered to be stolen.''; and
(2) in section 2315--
(A) in the first undesignated paragraph, by
inserting ``, or cultural property of the value of $50
or more'' after ``$500 or more'';
(B) by striking the seventh undesignated paragraph
and inserting the following:
``For purposes of this section--
``(A) the term `cultural property' has the meaning given
that term in section 302 of the Convention on Cultural Property
Implementation Act (19 U.S.C. 2601);
``(B) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States; and
``(C) the term `veterans' memorial object' means a grave
marker, headstone, monument, or other object, intended to
permanently honor a veteran or mark a veteran's grave, or any
monument that signifies an event of national military
historical significance.''; and
(C) by adding at the end the following:
``For purposes of an offense under this section, cultural property
that has been removed or excavated in violation of local law shall be
considered to be stolen.''.
SEC. 3. INVENTORY DATABASE SYSTEM FOR CULTURAL PROPERTY OF IRAQ OR
SYRIA LEGALLY ENTERING THE UNITED STATES.
(a) Working Group.--
(1) In general.--The Secretary of Commerce, working through
the Under Secretary for Standards and Technology and in
consultation with the heads of the agencies specified in
paragraph (2) and experts with respect to cultural property
from academia, industry, and nongovernmental organizations,
shall establish a scientific working group--
(A) to identify the data elements necessary to
accurately characterize and identify cultural property
of Iraq or Syria legally entering the United States,
for the purpose of establishing an inventory database
system for such cultural property; and
(B) to evaluate options for cost-effective,
physical or virtual labeling of such cultural property.
(2) Agencies specified.--The agencies specified in this
paragraph are the following:
(A) The Department of Justice.
(B) The Department of the Treasury.
(C) The Department of Homeland Security.
(D) Such other Federal agencies as the Secretary of
Commerce considers appropriate.
(b) Establishment of Inventory Database System.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the heads of the agencies specified in
paragraph (2) and experts with respect to cultural property
from academia, industry, and nongovernmental organizations,
shall develop and implement the inventory database system
described in subsection (a)(1)(A).
(2) Agencies specified.--The agencies specified in this
paragraph are the following:
(A) The Department of Justice.
(B) The Department of the Treasury.
(C) The Department of Commerce, working through the
Under Secretary for Standards and Technology.
(D) Such other Federal agencies as the Secretary of
Commerce considers appropriate.
(3) Requirements.--The inventory database system
established under paragraph (1) shall require that any person
that seeks to import cultural property of Syria or Iraq into
the United States, or to sell such property or provide such
property as a gift in the United States, provide to the
Secretary of Homeland Security information, with supporting
documentation, on the provenance of the property that includes,
at a minimum, when and where the property was obtained and such
other information as the Secretary of Commerce and the
Secretary of Homeland Security consider appropriate.
(c) Documenting Cultural Property Transactions.--The Secretary of
Homeland Security, in consultation with the heads of the agencies
specified in subsection (b)(2), shall--
(1) develop regulations to require dealers of cultural
property to document and report information on transactions in
cultural property of Iraq or Syria, such as the chain of
custody;
(2) work with participants in international art and
cultural property markets to develop a Federal Government
database with information on cultural property that includes--
(A) information on provenance and prior ownership;
and
(B) warnings for specific cultural property,
buyers, sellers, appraisers, or other actors with a
history of conducting illegal trade in cultural
property; and
(3) consider providing participants in international art
and cultural property markets with access to the database
developed under paragraph (2).
(d) Cultural Property Defined.--In this section, the term
``cultural property'' has the meaning given that term in section 302 of
the Convention on Cultural Property Implementation Act (19 U.S.C.
2601). | Terrorism Art and Antiquity Revenue Prevention Act of 2016 or the TAAR Act This bill amends the federal criminal code to prohibit the transportation, sale, or receipt of certain cultural property that has been removed or excavated in violation of local law. Department of Homeland Security must establish an inventory database system for cultural property of Iraq or Syria that legally enters the United States. | {"src": "billsum_train", "title": "TAAR Act"} | 1,263 | 96 | 0.477114 | 1.320734 | 0.367181 | 3.779412 | 17.838235 | 0.838235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Lock-box Act of
2001''.
SEC. 2. PROTECTION OF SOCIAL SECURITY SURPLUSES.
Section 201 of the concurrent resolution on the budget for fiscal
year 2001 (H. Con. Res. 290, 106th Congress) is amended as follows:
(1) By striking subsection (c) and inserting the following
new subsection:
``(c) Lock-Box for Social Security Surpluses.--
``(1) Concurrent resolutions on the budget.--It shall not
be in order in the House of Representatives or the Senate to
consider any concurrent resolution on the budget, an amendment
thereto, or conference report thereon, that would set forth a
surplus for any fiscal year that is less than the surplus of
the Federal Old-Age and Survivors Insurance Trust Fund for that
fiscal year.
``(2) Spending and tax legislation.--It shall not be in
order in the House of Representatives or the Senate to consider
any bill, joint resolution, amendment, motion, or conference
report if--
``(A)(i) in the House, the enactment of that bill
or resolution as reported; or
``(ii) in the Senate, the enactment of that bill or
resolution;
``(B) the adoption and enactment of that amendment;
or
``(C) the enactment of that bill or resolution in
the form recommended in that conference report,
would cause the surplus for any fiscal year covered by the most
recently agreed to concurrent resolution on the budget to be
less than the surplus of the Federal Old-Age and Survivors
Insurance Trust Fund for that fiscal year.''.
(2) By redesignating subsections (e) and (f) as subsections
(g) and (h), respectively, and inserting after subsection (d)
the following new subsections:
``(e) Enforcement.--
``(1) Budgetary levels with respect to concurrent
resolutions on the budget.--For purposes of enforcing any point
of order under subsection (c)(1), the surplus for any fiscal
year shall be--
``(A) the levels set forth in the later of the
concurrent resolution on the budget, as reported, or in
the conference report on the concurrent resolution on
the budget; and
``(B) adjusted to the maximum extent allowable
under all procedures that allow budgetary aggregates to
be adjusted for legislation that would cause a decrease
in the surplus for any fiscal year covered by the
concurrent resolution on the budget (other than
procedures described in paragraph (2)(A)(ii)).
``(2) Current levels with respect to spending and tax
legislation.--For purposes of enforcing any point of order
under subsection (c)(2), the current levels of the surplus for
any fiscal year shall be--
``(A) calculated using the following assumptions--
``(i) direct spending and revenue levels at
the baseline levels underlying the most
recently agreed to concurrent resolution on the
budget; and
``(ii) for the budget year, discretionary
spending levels at current law levels and, for
outyears, discretionary spending levels at the
baseline levels underlying the most recently
agreed to concurrent resolution on the budget;
and
``(B) adjusted for changes in the surplus levels
set forth in the most recently agreed to concurrent
resolution on the budget pursuant to procedures in such
resolution that authorize adjustments in budgetary
aggregates for updated economic and technical
assumptions in the mid-session report of the Director
of the Congressional Budget Office.
``(C) Such revisions shall be included in the first current
level report on the congressional budget submitted for
publication in the Congressional Record after the release of
such mid-session report.
``(3) Disclosure of OASDI surplus.--For purposes of
enforcing any point of order under subsection (c), the surplus
of the Federal Old-Age and Survivors Insurance Trust Fund for a
fiscal year shall be the level set forth in the later of the
report accompanying the concurrent resolution on the budget
(or, in the absence of such a report, placed in the
Congressional Record prior to the consideration of such
resolution) or in the joint explanatory statement of managers
accompanying such resolution.
``(f) Additional Content of Reports Accompanying Budget Resolutions
and of Joint Explanatory Statements.--The report accompanying any
concurrent resolution on the budget and the joint explanatory statement
accompanying the conference report on each such resolution shall
include the levels of the surplus in the budget for each fiscal year
set forth in such resolution and of the surplus or deficit in the
Federal Old-Age and Survivors Insurance Trust Fund, calculated using
the assumptions set forth in subsection (e)(2)(A).''.
(3) In the first sentence of subsection (h) (as
redesignated), by striking ``(1)''. | Social Security Lock-box Act of 2001 - Amends H. Con. Res. 290 (106th Congress) to replace a point of order in the House of Representatives or the Senate against consideration of any revision of such resolution or any concurrent budget resolution for FY 2002 that sets forth a deficit for any fiscal year with one that provides a point of order against consideration of: (1) any budget resolution that sets forth a surplus for any fiscal year that is less than the surplus of the Federal Old-Age and Survivors Insurance Trust Fund for such year; and (2) legislation that would cause the surplus for any fiscal year covered by the most recently agreed to budget resolution to be less than the surplus of the Fund for such year. Establishes the levels of surplus for purposes of enforcing the preceding points of order. | {"src": "billsum_train", "title": "To amend the concurrent resolution on the budget for fiscal year 2001 to protect Social Security surpluses."} | 1,068 | 176 | 0.699857 | 1.782308 | 0.794996 | 4.632911 | 6.367089 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enemy Belligerent Interrogation,
Detention, and Prosecution Act of 2010''.
SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN
MILITARY CUSTODY.
(a) Military Custody Requirement.--Whenever within the United
States, its territories, and possessions, or outside the territorial
limits of the United States, an individual is captured or otherwise
comes into the custody or under the effective control of the United
States who is suspected of engaging in hostilities against the United
States or its coalition partners through an act of terrorism, or by
other means in violation of the laws of war, or of purposely and
materially supporting such hostilities, and who may be an unprivileged
enemy belligerent, the individual shall be placed in military custody
for purposes of initial interrogation and determination of status in
accordance with the provisions of this Act.
(b) Delay for Intelligence Activities.--The Secretary of Defense
and the Director of National Intelligence may, after giving due
consideration to operational needs and requirements to avoid compromise
or disclosure of an intelligence mission or intelligence sources or
methods, jointly authorize an element of the intelligence community
that has initially captured an individual who may be an unprivileged
enemy belligerent or otherwise taken such individual into custody or
placed such individual under the effective control of the United States
to hold, interrogate, or transport such individual. Such individual, if
retained by the United States following that authorization, shall
subsequently be placed into military custody in accordance with
subsection (a).
SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED
UNPRIVILEGED ENEMY BELLIGERENTS.
(a) Interrogation of High-Value Detainees.--
(1) In general.--The Director of National Intelligence
shall, in consultation with the heads of departments and
agencies of the United States Government containing elements of
the intelligence community, the Director of the Central
Intelligence Agency, and the Director of the Federal Bureau of
Investigation--
(A) coordinate the interrogation of high-value
detainees and individuals who are not in the custody or
under the effective control of the United States, but
otherwise meet the definition of a high-value detainee
under subsection (c);
(B) coordinate the preliminary determinations with
respect to whether or not high-value detainees are
unprivileged enemy belligerents;
(C) be responsible for any interagency group--
(i) conducting an interrogation of a high-
value detainee or individual who is not in the
custody or under the effective control of the
United States, but otherwise meets the
definition of a high-value detainee under
subsection (c); and
(ii) making a preliminary determination
with respect to whether or not the detainee is
an unprivileged enemy belligerent; and
(D) before an officer or employee of the Federal
Government provides the warnings of constitutional
rights described in Miranda vs. Arizona, 384 U.S. 436
(U.S. 1966) to a high-value detainee who is suspected
of terrorism, associated with terrorists, or believed
to have knowledge of terrorists and who is captured,
held, or questioned by a department or agency that is
or contains an element of the intelligence community,
approve the providing of such warnings to such high-
value detainee.
(2) Limitation.--Paragraph (1) shall not apply with respect
to a detainee who is captured on the battlefield by the Armed
Forces of the United States, unless the Director of National
Intelligence determines that such detainee is a high-value
detainee.
(3) Certain delegations prohibited.--The Director of
National Intelligence may not delegate the authority to approve
the providing of warnings under paragraph (1)(D).
(4) Preliminary determination with respect to high-value
detainees.--A determination under paragraph (1)(B) shall be
based on all intelligence information available. The Director
of National Intelligence shall submit each such determination
to the Secretary of Defense and the Attorney General.
(5) Paramount purpose of interrogations.--An interrogation
conducted in accordance with this section shall be conducted in
a manner to accomplish the paramount purpose of protecting
United States civilians and United States civilian facilities
through thorough and professional interrogation for
intelligence purposes.
(b) Determinations of Status.--
(1) Final determination.--The Director of National
Intelligence, the Secretary of Defense, and the Attorney
General shall jointly submit to the President and to the
appropriate committees of Congress a final determination as to
whether or not a high-value detainee for which a preliminary
determination of status has been made under subsection
(a)(1)(B) or (a)(1)(C)(ii) is an unprivileged enemy belligerent
for purposes of this Act. In the event of a disagreement
between the Director of National Intelligence, the Secretary of
Defense, and the Attorney General, the President shall make the
final determination.
(2) Deadline for determinations.--All actions required
regarding a high-value detainee under this subsection shall be
completed as soon as practicable, consistent with intelligence
collection requirements, after the detainee is placed in
military custody under section 2.
(3) Criteria for designation of individuals as high-value
detainees.--The criteria for designating an individual as a
high-value detainee based on the following:
(A) The potential threat the individual poses for
an attack on civilians or civilian facilities within
the United States or upon United States citizens or
United States civilian facilities abroad at the time of
capture or when coming under the custody or control of
the United States.
(B) The potential threat the individual poses to
United States military personnel or United States
military facilities at the time of capture or when
coming under the custody or control of the United
States.
(C) The potential intelligence value of the
individual.
(D) Membership in al Qaeda, a terrorist group
affiliated with al Qaeda, or any other organization
designated by the Secretary of State as a foreign
terrorist organization in accordance with section 219
of the Immigration and Nationality Act (8 U.S.C. 1189).
(E) Such other matters as the President considers
appropriate.
(c) High-Value Detainee Defined.--In this section, the term ``high-
value detainee'' means an individual placed in military custody under
section 2 that meets criteria for designating an individual as a high-
value detainee based on the criteria referred to in subsection (b)(3),
as determined by the Secretary of Defense.
SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY
BELLIGERENTS.
(a) Limitation.--No funds appropriated or otherwise made available
to the Department of Justice may be used to prosecute in an Article III
court in the United States, or in any territory or possession of the
United States, any alien who has been determined to be an unprivileged
enemy belligerent under section 3(b)(1).
(b) Applicability Pending Final Determination of Status.--While a
final determination on the status of an alien high-value detainee is
pending under section 3(b)(1), the alien shall be treated as an
unprivileged enemy belligerent for purposes of subsection (a).
SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.
An individual, including a citizen of the United States, determined
to be an unprivileged enemy belligerent under section 3(b)(1) in a
manner which satisfies Article 5 of the Geneva Convention Relative to
the Treatment of Prisoners of War may be detained without criminal
charges and without trial for the duration of hostilities against the
United States or its coalition partners in which the individual has
engaged, or which the individual has purposely and materially
supported, consistent with the law of war and any authorization for the
use of military force provided by Congress pertaining to such
hostilities.
SEC. 6. DEFINITIONS.
In this Act:
(1) Act of terrorism.--The term ``act of terrorism'' means
an act of terrorism as that term is defined in section 101(16)
of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).
(2) Alien.--The term ``alien'' means an individual who is
not a citizen of the United States.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, the
Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Homeland Security, the Committee on the Judiciary,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
(4) Article iii court.--The term ``Article III court''
means a court of the United States established under Article
III of the Constitution of the United States.
(5) Coalition partner.--The term ``coalition partner'',
with respect to hostilities engaged in by the United States,
means any State or armed force directly engaged along with the
United States in such hostilities or providing direct
operational support to the United States in connection with
such hostilities.
(6) Geneva convention relative to the treatment of
prisoners of war.--The term ``Geneva Convention Relative to the
Treatment of Prisoners of War'' means the Geneva Convention
Relative to the Treatment of Prisoners of War, done at Geneva
August 12, 1949 (6 UST 3316).
(7) Hostilities.--The term ``hostilities'' means any
conflict subject to the laws of war, and includes a deliberate
attack upon civilians and civilian targets protected by the
laws of war.
(8) Intelligence community.--The term ``intelligence
community'' has the meaning given such term under section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).
(9) Privileged belligerent.--The term ``privileged
belligerent'' means an individual belonging to one of the eight
categories enumerated in Article 4 of the Geneva Convention
Relative to the Treatment of Prisoners of War.
(10) Unprivileged enemy belligerent.--The term
``unprivileged enemy belligerent'' means an individual (other
than a privileged belligerent) who--
(A) has engaged in hostilities against the United
States or its coalition partners;
(B) has purposely and materially supported
hostilities against the United States or its coalition
partners; or
(C) was a part of al Qaeda at the time of capture.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act, and shall apply with respect to individuals who are captured or
otherwise come into the custody or under the effective control of the
United States on or after that date. | Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 - Requires an individual who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism and who may be an unprivileged enemy belligerent to be placed in military custody for purposes of initial interrogation and determination of status. Defines "unprivileged enemy belligerent" as an individual who: (1) has engaged in hostilities against the United States or its coalition partners; (2) has purposely and materially supported hostilities against the United States or its coalition partners; or (3) was a part of al Qaeda at the time of capture. Authorizes the Secretary of Defense and the Director of National Intelligence to hold, interrogate, or transport an unprivileged enemy belligerent to avoid compromising intelligence activities.
Requires the Director of National Intelligence, in consultation with members of the intelligence community, the Director of the Central Intelligence Agency (CIA), and the Federal Bureau of Investigation (FBI), to coordinate the interrogation and status determination of high value detainees. Designates certain individuals held in military custody as "high value detainees," based upon the potential threat such individuals pose for an attack on the United States, its civilians, or military personnel, the potential intelligence value of such individuals, or membership in al Qaeda, an affiliated terrorist group, or any other designated terrorist organization. Deems as the paramount purpose of such interrogations the protection of U.S. civilians and facilities through thorough and professional interrogation for intelligence purposes.
Prohibits the use of Department of Justice (DOJ) appropriated funds to prosecute an unprivileged enemy belligerent in an Article III court.
Allows the detention of an unprivileged enemy belligerent without criminal charges or trial for the duration of hostilities against the United States or its coalition partners in which such enemy belligerent has engaged or which the individual has purposely and materially supported. | {"src": "billsum_train", "title": "To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes."} | 2,489 | 438 | 0.727529 | 2.452513 | 0.850345 | 4.30791 | 6.028249 | 0.935028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S.A. AAA Credit Restoration Act''.
SEC. 2. AMENDMENT TO TITLE 31.
Section 3101(b) of title 31, United States Code, is amended to read
as follows:
``(b) Limit.--
``(1) In general.--Notwithstanding any other provision of
law, the face amount of obligations issued under this chapter
and the face amount of obligations whose principal and interest
are guaranteed by the United States Government (except
guaranteed obligations held by the Secretary of the Treasury)
may not be more than an amount determined by the Secretary, as
provided by this section.
``(2) Secretarial message.--
``(A) Timing.--On the same day the President
submits a budget to Congress as required by section
1105 the Secretary shall submit to the Congress a
message on the public debt limit.
``(B) Contents.--The message shall include an
estimate of the amount the public debt limit will need
to be increased, if necessary, for the period of time
between the submission of the current Secretarial
message and the Secretarial message that will be
submitted the following year, as required by
subparagraph (A), based on estimates of Federal
revenues, mandatory expenditures, and discretionary
expenditures.
``(3) Federal register notice.--On the same day the
Secretary submits the message described in paragraph (2), the
Secretary shall publish in the Federal Register the amount of
the public debt limit that would be necessary to accommodate
the requirements described in paragraph (2)(B).
``(4) Congressional disapproval process.--
``(A) Joint resolution.--For purposes of this
section, the term `joint resolution' means only a joint
resolution introduced in the period beginning on the
date on which the notice described in paragraph (3) is
published in the Federal Register and ending 3 days
thereafter (excluding days either House of Congress is
adjourned for more than 3 days during a session of
Congress), the matter after the resolving clause of
which is as follows: `That Congress disapproves of the
Secretary's exercise of authority to increase the debt
limit, as exercised pursuant to the certification under
section 3101(b) of title 31, United States Code.'.
``(B) Expedited consideration in house of
representatives.--
``(i) Reconvening.--Upon publication of the
Federal Register notice described in paragraph
(3) the Speaker, if the House would otherwise
be adjourned, shall notify the Members of the
House that, pursuant to this subsection, the
House shall convene not later than the second
calendar day after receipt of such
certification.
``(ii) Reporting and discharge.--If the
committee to which is referred a joint
resolution described in subparagraph (A) has
not reported such joint resolution at the end
of 6 calendar days after the publication of the
Federal Register notice described in paragraph
(3), such committee may be discharged from
further consideration of such joint resolution
upon a petition supported in writing by 218
Members of the House of Representatives, and
such joint resolution shall be placed on the
calendar.
``(iii) Timing.--A petition to discharge
the joint resolution must be filed no later
than 6 calendar days after the publication of
the Federal Register notice described in
paragraph (3).
``(iv) Proceeding to consideration.--After
each committee authorized to consider a joint
resolution reports it to the House or has been
discharged from its consideration, it shall be
in order, not later than the 3 calendar days
after the joint resolution under subparagraph
(A) is reported or discharged, to move to
proceed to consider the joint resolution in the
House. All points of order against the motion
are waived. Such a motion shall not be in order
after the House has disposed of a motion to
proceed on a joint resolution addressing a
particular submission. The previous question
shall be considered as ordered on the motion to
its adoption without intervening motion. The
motion shall not be debatable. A motion to
reconsider the vote by which the motion is
disposed of shall not be in order.
``(v) Consideration.--The joint resolution
shall be considered as read. All points of
order against the joint resolution and against
its consideration are waived. The previous
question shall be considered as ordered on the
joint resolution to its passage without
intervening motion except two hours of debate
equally divided and controlled by the proponent
and an opponent. A motion to reconsider the
vote on passage of the joint resolution shall
not be in order.
``(C) Expedited procedure in the senate.--
``(i) Reconvening.--Upon publication of the
Federal Register notice described in paragraph
(3), if the Senate has adjourned or recessed
for more than 2 days, the majority leader of
the Senate, after consultation with the
minority leader of the Senate, shall notify the
Members of the Senate that, pursuant to this
section, the Senate shall convene not later
than the second calendar day after publication
of such notice.
``(ii) Reporting and discharge.--If the
committee to which is referred a joint
resolution described in subparagraph (A) has
not reported such joint resolution at the end
of 6 calendar days after the publication of
Federal Register notice described in paragraph
(3), such committee may be discharged from
further consideration of such joint resolution
upon a petition supported in writing by 40
Members of the Senate, and such joint
resolution shall be placed on the calendar.
``(iii) Timing.--A petition to discharge
the joint resolution must be filed no later
than 6 calendar days after the publication of
the Federal Register notice described in
paragraph (3).
``(iv) Proceeding to consideration.--When
the committee to which a joint resolution
described in subparagraph (A) is referred has
reported, or when a committee is discharged, it
is at any time thereafter in order for a motion
to proceed to the consideration of the joint
resolution, and all points of order against the
joint resolution (and against consideration of
the joint resolution) are waived. The motion is
not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the
consideration of other business. A motion to
reconsider the vote by which the motion is
agreed to or disagreed to shall not be in
order. If a motion to proceed to the
consideration of the joint resolution is agreed
to, the joint resolution shall remain the
unfinished business of the Senate until
disposed of.
``(v) Consideration.--Consideration of the
joint resolution described in subparagraph (A)
and on all debatable motions and appeals in
connection therewith, shall be limited to not
more than 10 hours, which shall be divided
equally between those favoring and those
opposing the joint resolution. A motion further
to limit debate is in order and not debatable.
An amendment to, or a motion to postpone, or a
motion to proceed to the consideration of other
business, or a motion to recommit the joint
resolution is not in order.
``(vi) Vote on passage.--If the Senate has
voted to proceed to the joint resolution
described in subparagraph (A), the vote on
passage of the joint resolution shall occur
immediately following the conclusion of
consideration of the joint resolution, and a
single quorum call at the conclusion of the
debate if requested in accordance with the
rules of the Senate.
``(vii) Rulings of the chair on
procedure.--Appeals from the decisions of the
Chair relating to the application of the rules
of the Senate to the procedure relating to a
joint resolution described in subparagraph (A)
shall be decided without debate.
``(D) Amendment not in order.--A joint resolution
considered pursuant to this subsection shall not be
subject to amendment in either the House of
Representatives or the Senate.
``(E) Coordination with action by other house.--If,
before passing the joint resolution described in
subsection (A), one House receives from the other a
joint resolution--
``(i) the joint resolution of the other
House shall not be referred to a committee;
``(ii) the procedure in the receiving House
shall be the same as if no joint resolution had
been received from the other House until the
vote on passage, when the joint resolution
received from the other House shall supplant
the joint resolution of the receiving House;
``(iii) if the Senate fails to introduce or
consider a joint resolution under this section,
the joint resolution of the House shall be
entitled to expedited floor procedures under
this section;
``(iv) if, following passage of the joint
resolution in the Senate, the Senate then
receives the companion measure from the House
of Representatives, the companion measure shall
not be debatable; and
``(v) debate on a veto message in the
Senate under this section shall be 1 hour
equally divided between the majority and
minority leaders or their designees.
``(F) Rules of house of representatives and
senate.--This paragraph is enacted by Congress--
``(i) as an exercise of the rulemaking
power of the Senate and House of
Representatives, respectively, and as such it
is deemed a part of the rules of each House,
respectively, but applicable only with respect
to the procedure to be followed in that House
in the case of a joint resolution, and it
supersedes other rules only to the extent that
it is inconsistent with such rules; and
``(ii) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.''.
SEC. 3. EFFECTIVE DATE.
The amendment made by section 2 shall take effect January 1, 2013. | U.S.A. AAA Credit Restoration Act - Directs the Secretary of the Treasury, on the same day the President submits an annual budget proposal to Congress, to submit to Congress a message on the public debt limit. Requires the Secretary to: (1) include an estimate of the amount that the public debt limit will need to be increased, if necessary, for the next year based on estimates of federal revenues and mandatory and discretionary expenditures; and (2) publish in the Federal Register the amount of the debt limit necessary to accommodate such requirements.
Allows the proposed debt limit increase to become law unless Congress disapproves.
Sets forth an expedited process for congressional consideration of a joint resolution to disapprove of the Secretary's exercise of authority to increase the debt limit (thereby replacing the current procedure for increasing the debt limit under the congressional budget process). | {"src": "billsum_train", "title": "A bill to establish a timely and expeditious process for voting on the statutory debt limit."} | 2,171 | 184 | 0.620978 | 1.665298 | 0.836197 | 3.453988 | 12.742331 | 0.889571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GPCI Justice Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From 1966 through 1991, the Medicare program paid
physicians based on what they charged for services. The Omnibus
Reconciliation Act of 1989 required the establishment of a
national Medicare physician fee schedule, which was implemented
in 1992, replacing the charge-based system.
(2) The Medicare physician fee schedule currently includes
more than 7,000 services together with their corresponding
payment rates. In addition, each service on the fee schedule
has three relative value units (RVUs) that correspond to the
three physician payment components of physician work, practice
expense, and malpractice expense.
(3)(A) Each geographically adjusted RVU measures the
relative costliness of providing a particular service in a
particular location referred to as a locality. Physician
payment localities are primarily consolidations of the carrier-
defined localities that were established in 1966.
(B) When physician payment localities were redesignated in
1997, Administrator of the Centers for Medicare & Medicaid
Services acknowledged that the new payment locality
configuration had not been established on a consistent
geographic basis. Some were based on zip codes or Metropolitan
Statistical Areas (MSAs) while others were based on political
boundaries, such as cities, counties, or States.
(C) The Medicare program has not revised the geographic
boundaries of the physician payment localities since the 1997
revision.
(4) Medicare's geographic adjustment for a particular
physician payment locality is determined using three GPCIs
(Geographic Practice Cost Indices) that also correspond to the
three Medicare physician payment components of physician work,
practice expense, and malpractice expense.
(5) The major data source used in calculating the GPCIs is
the decennial census which provides new data only once every 10
years.
(6) This system of geographic payment designation has
resulted in more than half of the current physician payment
localities having counties within them with a large payment
difference of 5 percent or more. A disproportionate number of
these underpaid counties are located in California, Georgia,
Minnesota, Ohio, and Virginia.
(7) For purposes of payment under the Medicare program,
hospitals are organized and reimbursed for geographic costs
according to MSAs.
(8) Studies by the Medicare Payment Advisory Commission
(MedPAC) in 2007, the Government Accountability Office (GAO) in
2007, the Urban Institute in 2008, and Acumen LLC in 2008 have
all documented this physician GPCI payment discrepancy--
specifically that more than half of the current physician
payment localities had counties within them with a large
payment difference (that is, a payment difference of 5 percent
or more) between GAO's measure of physicians' costs and
Medicare's geographic adjustment for an area. All these
objective studies have recommended changes to the locality
system to correct the payment discrepancies.
(9) A common recommendation among the GPCI payment
discrepancy studies referred to in paragraph (8) is to
eliminate the county-based locality and replace it with one
determined by Metropolitan Statistical Area.
SEC. 3. REDESIGNATING THE GEOGRAPHICAL PRACTICE COST INDEX (GPCI)
LOCALITIES IN CALIFORNIA.
(a) In General.--Section 1848(e) of the Social Security Act (42
U.S.C.1395w-4(e)) is amended by adding at the end the following new
paragraph:
``(6) Transition to use of msas as fee schedule areas in
california.--
``(A) In general.--
``(i) Revision.--Subject to clause (ii) and
notwithstanding the previous provisions of this
subsection, for services furnished on or after
January 1, 2010, the Secretary shall revise the
fee schedule areas used for payment under this
section applicable to the State of California
using the Metropolitan Statistical Area (MSA)
iterative Geographic Adjustment Factor
methodology as follows:
``(I) The Secretary shall configure
the physician fee schedule areas using
the Core-Based Statistical Areas--
Metropolitan Statistical Areas (each in
this paragraph referred to as an
`MSA'), as defined by the Director of
the Office of Management and Budget, as
the basis for the fee schedule areas.
The Secretary shall employ an iterative
process to transition fee schedule
areas. First, the Secretary shall list
all MSAs within the State by Geographic
Adjustment Factor described in
paragraph (2) (in this paragraph
referred to as a `GAF') in descending
order. In the first iteration, the
Secretary shall compare the GAF of the
highest cost MSA in the State to the
weighted-average GAF of the group of
remaining MSAs in the State. If the
ratio of the GAF of the highest cost
MSA to the weighted-average GAF of the
rest of State is 1.05 or greater then
the highest cost MSA becomes a separate
fee schedule area.
``(II) In the next iteration, the
Secretary shall compare the MSA of the
second-highest GAF to the weighted-
average GAF of the group of remaining
MSAs. If the ratio of the second-
highest MSA's GAF to the weighted-
average of the remaining lower cost
MSAs is 1.05 or greater, the second-
highest MSA becomes a separate fee
schedule area. The iterative process
continues until the ratio of the GAF of
the highest-cost remaining MSA to the
weighted-average of the remaining
lower-cost MSAs is less than 1.05, and
the remaining group of lower cost MSAs
form a single fee schedule area, If two
MSAs have identical GAFs, they shall be
combined in the iterative comparison.
``(ii) Transition.--For services furnished
on or after January 1, 2010, in the State of
California, after calculating the work,
practice expense, and malpractice geographic
indices described in clauses (i), (ii), and
(iii) of paragraph (1)(A) that would otherwise
apply through application of this paragraph,
the Secretary shall increase any such index to
the county-based fee schedule area value on
December 31, 2009, if such index would
otherwise be less than the value on January 1,
2010.
``(B) Subsequent revisions.--
``(i) Periodic review and adjustments in
fee schedule areas.--Subsequent to the process
outlined in paragraph (1)(C), not less often
than every three years, the Secretary shall
review and update the California Rest-of-State
fee schedule area using MSAs as defined by the
Director of the Office of Management and Budget
and the iterative methodology described in
subparagraph (A)(i).
``(ii) Link with geographic index data
revision.--The revision described in clause (i)
shall be made effective concurrently with the
application of the periodic review of the
adjustment factors required under paragraph
(1)(C) for California for 2012 and subsequent
periods. Upon request, the Secretary shall make
available to the public any county-level or MSA
derived data used to calculate the geographic
practice cost index.
``(C) References to fee schedule areas.--Effective
for services furnished on or after January 1, 2010, for
the State of California, any reference in this section
to a fee schedule area shall be deemed a reference to
an MSA in the State.''.
(b) Conforming Amendment to Definition of Fee Schedule Area.--
Section 1848(j)(2) of the Social Security Act (42 U.S.C. 1395w(j)(2))
is amended by striking ``The term'' and inserting ``Except as provided
in subsection (e)(6)(C), the term''. | GPCI Justice Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act, with respect to the geographic practice cost index (GPCI) for adjustments to physician fee schedule areas, to direct the Secretary of Health and Human Services to revise the fee schedule areas for California to use the Metropolitan Statistical Area (MSA) iterative Geographic Adjustment Factor methodology, in accordance with specified requirements. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to transition to the use of metropolitan statistical areas as fee schedule areas for the physician fee schedule in California under the Medicare Program."} | 1,706 | 95 | 0.509474 | 1.390792 | 1.03342 | 2.906667 | 20.653333 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuban-American Family Rights
Restoration Act''.
SEC. 2. TRAVEL BY UNITED STATES NATIONALS AND PERMANENT RESIDENTS TO
VISIT FAMILY MEMBERS IN CUBA.
(a) In General.--Subject to subsection (c), the President shall not
regulate or prohibit, directly or indirectly--
(1) travel to or from Cuba by any United States person, or
(2) any of the transactions incident to travel described in
paragraph (1) that are set forth in subsection (b),
if such travel is for the purpose of visiting a close relative who is a
national of Cuba. The President shall rescind all regulations in effect
on the date of the enactment of this Act that so regulate or prohibit
such travel or transactions.
(b) Transactions Incident to Travel.--
(1) In general.--Except as provided in paragraph (2), the
transactions referred to in subsection (a) are--
(A) any transactions ordinarily incident to travel
to or from Cuba, including the importation into Cuba or
the United States of accompanied baggage;
(B) any transactions ordinarily incident to travel
or maintenance within Cuba, including the payment of
living expenses and the acquisition of goods or
services for personal use;
(C) any transactions ordinarily incident to the
arrangement, promotion, or facilitation of travel to,
from, or within Cuba;
(D) any transactions incident to nonscheduled air,
sea, or land voyages, except that this subparagraph
does not authorize the carriage of articles into Cuba
or the United States except accompanied baggage; and
(E) any normal banking transactions incident to the
activities described in any of the preceding
subparagraphs, including the issuance, clearing,
processing, or payment of checks, drafts, travelers
checks, credit or debit card instruments, or similar
instruments.
(2) Exclusion of certain goods.--The transactions described
in paragraph (1) do not include the importation into the United
States of goods acquired in Cuba, including goods for personal
consumption, except for Cuban-origin information and
informational materials.
(c) Exceptions.--The restrictions on authority contained in this
section do not apply in a case in which--
(1) the United States Congress has declared that a state of
war exists between the United States and Cuba; or
(2) armed hostilities between the two countries are in
progress.
SEC. 3. REMITTANCES.
The President shall not regulate or prohibit, directly or
indirectly, any United States person described in section 2(a) from
carrying remittances for the purpose of providing such remittances to a
close relative who is a national of Cuba. The President shall rescind
all regulations in effect on the date of the enactment of this Act that
so regulate or prohibit such remittances.
SEC. 4. DEFINITIONS.
In this Act:
(1) Close relative.--The term ``close relative'', as used
with respect to any person, means an individual related to that
person by blood, marriage, or adoption who is no more than four
generations removed from that person or from a common ancestor
with that person.
(2) National of cuba.--The term ``national of Cuba''
means--
(A) a citizen of Cuba; or
(B) a person who, though not a citizen of Cuba,
owes permanent allegiance to Cuba.
(3) United states person.--
(A) In general.--The term ``United States person''
means--
(i) a national of the United States; or
(ii) an alien lawfully admitted for
permanent residence in the United States.
(B) Lawfully admitted for permanent residence.--The
term ``lawfully admitted for permanent residence'' has
the meaning given the term in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
(C) National of the united states.--The term
``national of the United States'' has the meaning given
the term in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
SEC. 5. EFFECTIVE DATE; INAPPLICABILITY OF OTHER PROVISIONS.
(a) Effective Date.--This Act applies to actions taken by the
President before the date of the enactment of this Act which are in
effect on such date of enactment, and to actions taken on or after such
date.
(b) Inapplicability of Other Provisions.--This Act applies
notwithstanding any other provision of law, including section 102(h) of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6032(h)) and section 910(b) of the Trade Sanctions Reform and
Export Enhancement Act of 2000 (22 U.S.C. 7209(b)). | Cuban-American Family Rights Restoration Act - Prohibits that President from regulating or prohibiting: (1) travel to or from Cuba by any U.S. person; or (2) transactions (baggage, living expenses, personal use goods or services, normal banking transactions) incident to travel for the purpose of visiting a close relative who is a national of Cuba.
Directs the President to rescind all regulations that so regulate or prohibit such travel or transactions. | {"src": "billsum_train", "title": "To allow United States nationals and permanent residents to visit family members in Cuba, and for other purposes."} | 1,122 | 100 | 0.624924 | 1.627915 | 1.360482 | 4.523256 | 11.162791 | 0.94186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Finance Improvement Act of
2000''.
SEC. 2. EXPANDING REPORTING REQUIREMENTS FOR CERTAIN CONTRIBUTIONS.
(a) Requiring Reporting of All Contributions of $200 or More Within
10 Days of Receipt.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) is amended by adding at the end the following
new subsection:
``(d)(1) Each political committee which receives a contribution of
$200 or more shall notify the Commission of the contribution not later
than 10 days after receipt, and shall include the identification of the
contributor, the date of receipt and amount of the contribution, and
(in the case of an authorized committee of a candidate) the name of the
candidate and the office sought by the candidate.
``(2) The report required under this subsection shall be in
addition to all other reports required under this Act.''.
(b) Expanding Types of Contributions to Principal Campaign
Committees Subject to Expedited Reporting.--Section 304(a)(6)(A) of
such Act (2 U.S.C. 434(a)(6)(A)) is amended--
(1) by striking ``$1,000'' and inserting ``$200''; and
(2) by striking ``20th day'' and inserting ``90th day''.
SEC. 3. REQUIRING MAJORITY OF AMOUNT OF CONTRIBUTIONS ACCEPTED BY
CONGRESSIONAL CANDIDATES TO COME FROM IN-STATE RESIDENTS.
(a) In General.--Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a) is amended by adding at the end the following
new subsection:
``(i)(1) The total amount of contributions accepted with respect to
an election by a candidate for the office of Senator or the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress from in-State individual residents shall be at least 50
percent of the total amount of contributions accepted from all sources.
``(2) If a candidate in an election makes expenditures of personal
funds (including contributions by the candidate or the candidate's
spouse to the candidate's authorized campaign committee) in an amount
in excess of $250,000, paragraph (1) shall not apply with respect to
any opponent of the candidate in the election.
``(3) In determining the amount of contributions accepted by a
candidate for purposes of paragraph (1), the amounts of any
contributions made by a political committee of a political party shall
be allocated as follows:
``(A) 50 percent of such amounts shall be deemed to be
contributions from in-State individual residents.
``(B) 50 percent of such amounts shall be deemed to be
contributions from persons other than in-State individual
residents.
``(4) As used in this subsection, the term `in-State individual
resident' means an individual who resides in the State in which the
election involved is held.''.
(b) Reporting Requirements.--Section 304 of such Act (2 U.S.C.
434), as amended by section 2(a), is further amended by adding at the
end the following new subsection:
``(e)(1) Each principal campaign committee of a candidate for the
Senate or the House of Representatives shall include the following
information in the first report filed under subsection (a)(2) which
covers the period which begins 19 days before an election and ends 20
days after the election:
``(A) The total contributions received by the committee
with respect to the election involved from in-State individual
residents (as defined in section 315(i)(4)), as of the last day
of the period covered by the report.
``(B) The total contributions received by the committee
with respect to the election involved from all persons, as of
the last day of the period covered by the report.
``(2)(A) Each principal campaign committee of a candidate for the
Senate or the House of Representatives shall submit a notification to
the Commission of the first expenditure of personal funds (including
contributions by the candidate or the candidate's spouse to the
committee) by which the aggregate amount of personal funds expended (or
contributed) with respect to the election exceeds $250,000.
``(B) Each notification under subparagraph (A)--
``(I) shall be submitted not later than 24 hours after the
expenditure or contribution which is the subject of the
notification is made; and
``(II) shall include the name of the candidate, the office
sought by the candidate, and the date of the expenditure or
contribution and amount of the expenditure or contribution
involved.''.
(c) Penalty for Violation of Limits.--Section 309(d) of such Act (2
U.S.C. 437g(d)) is amended by adding at the end the following new
paragraph:
``(4)(A) Any candidate who knowingly and willfully accepts
contributions in excess of any limitation provided under section 315(i)
shall be fined an amount equal to the greater of 200 percent of the
amount accepted in excess of the applicable limitation or (if
applicable) the amount provided in paragraph (1)(A).
``(B) Interest shall be assessed against any portion of a fine
imposed under subparagraph (A) which remains unpaid after the
expiration of the 30-day period which begins on the date the fine is
imposed.''.
SEC. 4. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
IDENTIFICATION OF CONTRIBUTORS.
Section 302(i) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the identification of any person who makes a contribution or
contributions aggregating more than $200 during a calendar year (as
required to be provided under subsection (c)(3)).''.
SEC. 5. LOWERING THRESHOLD FOR CASH CONTRIBUTIONS.
Section 321 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441g) is amended by striking ``exceed $100'' and inserting ``exceed
$20''.
SEC. 6. CONTRIBUTIONS BY DEPENDENTS NOT OF VOTING AGE.
Section 315(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a) is amended by adding at the end the following new
paragraph:
``(9)(A) For purposes of the limitations imposed by this section,
any contribution made by a dependent minor shall be treated as follows:
``(i) If the dependent minor is the dependent of one other
individual, the contribution shall be treated as a contribution
made by such other individual.
``(ii) If the dependent minor is the dependent of another
individual and such other individual's spouse, the contribution
shall be allocated among such individuals in such manner as
such other individuals may determine.
``(B) In this paragraph, the term `dependent minor' means an
individual who--
``(i) is a dependent of another individual; and
``(ii) has not, as of the time of making the contribution
involved, attained the legal age for voting in elections for
Federal office in the State in which such individual
resides.''.
SEC. 7. PROHIBITING NON-CITIZEN INDIVIDUALS FROM MAKING CONTRIBUTIONS
IN CONNECTION WITH FEDERAL ELECTIONS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(b)(2)) is amended by striking ``and who is not lawfully
admitted'' and all that follows and inserting a period.
SEC. 8. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF
POLITICAL PARTIES.
(a) Transfers of Funds by National Political Parties.--Section
304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C.
434(b)(4)) is amended--
(1) by striking ``and'' at the end of subparagraph (H);
(2) by adding ``and'' at the end of subparagraph (I); and
(3) by adding at the end the following new subparagraph:
``(J) in the case of a political committee of a
national political party, all funds transferred to any
political committee of a State or local political
party, without regard to whether or not the funds are
otherwise treated as contributions or expenditures
under this title;''.
(b) Disclosure by State Political Parties of Information Reported
Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by
sections 2(a) and 3(b), is further amended by adding at the end the
following new subsection:
``(f) If a political committee of a State political party is
required under a State or local law, rule, or regulation to submit a
report on its disbursements to an entity of the State or local
government, the committee shall file a copy of the report with the
Commission at the time it submits the report to such an entity.''.
SEC. 9. PROHIBITING INVOLUNTARY ASSESSMENT OF EMPLOYEE FUNDS FOR
POLITICAL ACTIVITIES.
(a) In General.--Section 316 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441b) is amended by adding at the end the following
new subsection:
``(c)(1) Except with the separate, prior, written, voluntary
authorization of each individual, it shall be unlawful--
``(A) for any national bank or corporation described in
this section to collect from or assess its stockholders or
employees any dues, initiation fee, or other payment as a
condition of employment if any part of such dues, fee, or
payment will be used for political activity in which the
national bank or corporation is engaged; and
``(B) for any labor organization described in this section
to collect from or assess its members or nonmembers any dues,
initiation fee, or other payment if any part of such dues, fee,
or payment will be used for political activity in which the
labor organization is engaged.
``(2) An authorization described in paragraph (1) shall remain in
effect until revoked and may be revoked at any time. Each entity
collecting from or assessing amounts from an individual with an
authorization in effect under such paragraph shall provide the
individual with a statement that the individual may at any time revoke
the authorization.
``(3) For purposes of this subsection, the term `political
activity' means any activity carried out for the purpose of influencing
(in whole or in part) any election for Federal office, influencing the
consideration or outcome of any Federal legislation or the issuance or
outcome of any Federal regulations, or educating individuals about
candidates for election for Federal office or any Federal legislation,
law, or regulations.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts collected or assessed on or after the date of the
enactment of this Act.
SEC. 10. PROHIBITING AUTHORIZED COMMITTEES OF CANDIDATES FROM ACCEPTING
CONTRIBUTIONS FROM AUTHORIZED COMMITTEES OF OTHER
CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 3(a), is amended by adding at the end the
following new subsection:
``(j)(1) Except as provided in paragraph (2), the authorized
committee of a candidate for election for Federal office may not accept
any contribution from an authorized committee of another candidate for
election for Federal office.
``(2) Paragraph (1) does not apply to the transfer of funds between
an authorized committee of a candidate for election for Federal office
and an authorized committee of the same candidate for election for
another Federal office.''.
SEC. 11. REQUIRING FEC TO MAKE SOFTWARE AVAILABLE FOR ELECTRONIC
FILING.
Section 311(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 438(a)) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(11) through competitive bidding, obtain and provide for
computer software required to carry out the electronic filing
of designations, statements, and reports under this Act.''.
SEC. 12. REQUIRING BROADCASTERS TO PROVIDE FREE RESPONSE TIME TO
CANDIDATES SUBJECT TO SOFT MONEY ADVERTISEMENTS.
Section 317 of the Communications Act of 1934 (47 U.S.C. 317) is
amended--
(1) by striking ``radio station'' each place it appears and
inserting ``broadcast station''; and
(2) by adding at the end of subsection (a) the following
new paragraph:
``(3)(A) A broadcast station may not accept for broadcast any soft
money advertisement which contains the image, name, or likeness of a
candidate for election for Federal office unless the station agrees to
broadcast without charge--
``(i) if the soft money advertisement referred to or
presented the candidate in a critical or negative manner, an
advertisement provided by an authorized committee of such
candidate, under conditions (such as the time of broadcast)
similar to those under which the soft money advertisement was
broadcast; or
``(ii) if the soft money advertisement referred to or
presented the candidate in a positive manner, an advertisement
provided by an authorized committee of the candidate's opponent
in the election, under conditions (such as the time of
broadcast) similar to those under which the soft money
advertisement was broadcast.
``(B) In this paragraph, the term `soft money advertisement' means
an advertisement whose costs are financed (in whole or in part) with
funds which are not subject to the limitations, prohibitions, and
reporting requirements of title III of the Federal Election Campaign
Act of 1971, but does not include any advertisement whose costs are
entirely financed by an authorized committee of a candidate for
election for Federal office.
``(C) In this paragraph, the terms `authorized committee',
`candidate', `election', and `Federal office' have the meaning given
such terms in section 301 of the Federal Election Campaign Act of 1971
(2 U.S.C. 431).''.
SEC. 13. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to elections and transactions occurring after
December 31, 2000. | Amends FECA to make it unlawful, except with the separate, prior, written, voluntary authorization of each individual, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment if any part of such dues, fee, or payment will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment if any part of such dues, fee, or payment will be used for political activities in which the labor organization is engaged.
States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization.
Amends FECA to: (1) prohibit an authorized committee of a candidate for Federal office from accepting any contribution from an authorized committee of another candidate for Federal office except with regard to the transfer of funds between an authorized committee of a candidate for Federal office and an authorized committee of the same candidate for another Federal office; and (2) require the FEC to obtain and provide for the computer software required to carry out electronic filings under FECA.
Amends the Communications Act of 1934 to prohibit a broadcast station from accepting for broadcast any soft money advertisement which contains the image, name, or likeness of a candidate for election for Federal office unless the station agrees to broadcast without charge: (1) if the soft money advertisement referred to or presented the candidate in a critical or negative manner, an advertisement provided by an authorized committee of such candidate, under conditions similar to those under which the soft money advertisement was broadcast; or (2) if the soft money advertisement referred to or presented the candidate in a positive manner, an advertisement provided by an authorized committee of the candidates's opponent in the election, under conditions (such as the time of broadcast) similar to those under which the soft money advertisement was broadcast. | {"src": "billsum_train", "title": "Campaign Finance Improvement Act of 2000"} | 3,390 | 458 | 0.446618 | 1.407572 | 0.570323 | 7.257143 | 7.164286 | 0.957143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minnesota National Treasures
Conservation and Protection Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Voyageurs National Park and the Boundary Waters Canoe
Area Wilderness are special natural resources that offer a
unique lakeland experience for the enjoyment and inspiration of
present and future generations;
(2) Voyageurs National Park and the Boundary Waters Canoe
Area Wilderness are international, national, and Minnesota
treasures worthy of national preservation and protection as a
national park and a wilderness area;
(3) Congress has expressed overwhelming support for the
protection of these resources through their designation as a
national park and wilderness area and by providing sustained
funding to implement these landmark laws;
(4) public acceptance and enthusiasm for the Boundary
Waters Canoe Area Wilderness has established the area as the
most widely used wilderness unit in the entire national
wilderness preservation system; and
(5) it is necessary and desirable to further provide for
the orderly administration and management of public use and
enjoyment of these national areas, while at the same time
protecting the special qualities of the areas as a natural
forest-lakeland wilderness ecosystem of major esthetic,
cultural, scientific, recreational and educational value to the
Nation.
TITLE I--THE BOUNDARY WATERS CANOE AREA WILDERNESS PRESERVATION
SEC. 101. BOUNDARY WATERS CANOE AREA WILDERNESS DESIGNATION AND MAP.
Section 3 of Public Law 94-495 (16 U.S.C. 1132 note) is amended as
follows--
(1) by amending the first sentence to read as follows:
``The areas generally depicted as wilderness on the map
entitled `Boundary Waters Canoe Area Wilderness' and dated
1996, comprising approximately 1,101,000 acres, are hereby
designated as the Boundary Waters Canoe Area Wilderness
(hereinafter referred to as the `Wilderness').'';
(2) by striking ``one year after the date of enactment of
this Act'' and insert ``one year after the enactment of the
Minnesota National Treasures Conservation and Protection Act'';
and
(3) by amending the third sentence to read as follows:
``Such map and description shall be filed with the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate.''.
SEC. 102. AMENDMENTS TO SECTION 4 OF PUBLIC LAW 95-495.
Section 4 of Public Law 95-495 is amended as follows:
(1) In subsection (c)(1), by striking ``Basswood, except
that portion generally north of the narrows at the north end of
Jackfish Bay and north of a point on the international boundary
between Ottawa Island and Washington Island'' and inserting in
lieu thereof: ``Pipestone Bay of Basswood and that portion of
Jackfish Bay of Basswood generally south of the narrows at the
north end of Jackfish Bay;''.
(2) In subsection (d), by striking ``Loon Lake, Saint Louis
County; that portion of the Lac La Croix, Saint Louis County,
south of Snow Bay and east of Wilkins Bay.''.
SEC. 103. AIRSPACE RESERVATION.
The provisions of Executive Order 10092 shall be applicable to the
areas depicted on the map referred to in section 101 of this Act.
TITLE II--THE VOYAGEURS NATIONAL PARK PRESERVATION ACT
SEC. 201. DESIGNATION OF WILDERNESS AREA.
In furtherance of the purposes of the Wilderness Act (16 U.S.C.
1131 et seq.), land and waters of the Kabetogama Peninsula within
Voyageurs National Park in the State of Minnesota, which comprise
approximately 74,114 acres, as generally depicted on a map entitled
``Voyaguers National Park Wilderness'', numbered __________ and dated
__________ are hereby designated as wilderness and shall be known as
the ``Voyageurs National Park Wilderness''.
SEC. 202. MAP AND LEGAL DESCRIPTION.
As soon as practicable after enactment of this Act, a map and legal
description of the wilderness area designated in section 201 shall be
filed by the Secretary of the Interior with the Committee on Resources
of the United States House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate. Such map and
legal description shall have the same force and effect as if included
in this Act, except that correction of clerical and typographical
errors in such map and legal description may be made. Such map and
legal description shall be on file and available for public inspection
in the office of the Director of the National Park Service, Department
of the Interior, and in the office of the Superintendent of Voyageurs
National Park.
SEC. 203. ADMINISTRATION.
Subject to valid existing rights, the area designated as wilderness
by section 201 shall be administered by the Secretary of the Interior
in accordance with the applicable provisions of the Wilderness Act
governing areas so designated. The Secretary shall continue to provide
for the use of existing safety portages for snowmobiles, as depicted on
the map referred to in section 201. | TABLE OF CONTENTS:
Title I: The Boundary Waters Canoe Area Wilderness
Preservation
Title II: The Voyageurs National Park Preservation Act
Minnesota National Treasures Conservation and Protection Act -
Title I: The Boundary Waters Canoe Area Wilderness Preservation
- Amends the Wilderness Act to designate the Boundary Waters Canoe Area Wilderness.
Modifies the area within which the use of motorboats with motors no greater than 25 horsepower is permitted to include Pipestone Bay of Basswood and that portion of Jackfish Bay of Basswood generally south of the narrows at the north end of Jackfish Bay. Repeals a provision specifying that nothing in such law shall be construed to limit mechanical portages or the horsepower of motors used on motorboats on Loon Lake, Saint Louis County, and that portion of the Lac La Croix, Saint Louis County, south of Snow Bay and east of Wilkins Bay.
Makes the provisions of an executive order establishing an airspace reservation over certain areas of the Superior National Forest, Minnesota, applicable to the Boundary Waters Canoe Area Wilderness.
Title II: The Voyageurs National Park Preservation Act
- Designates the Voyageurs National Park Wilderness.
Directs that such Wilderness, subject to valid existing rights, be administered by the Secretary of the Interior in accordance with applicable provisions of the Wilderness Act. Requires the Secretary to continue to provide for the use of existing safety portages for snowmobiles. | {"src": "billsum_train", "title": "Minnesota National Treasures Conservation and Protection Act"} | 1,207 | 341 | 0.514334 | 1.68015 | 0.642078 | 4.082707 | 3.894737 | 0.827068 |
SECTION 1. REPEALS.
(a) In General.--
(1) Sections 962 and 963 of the Energy Policy Act of 2005
(42 U.S.C. 16292, 16293) are repealed.
(2) Subtitle A of title IV of the Energy Policy Act of 2005
(42 U.S.C. 15961 et seq.) is repealed.
(b) Conforming Amendments.--
(1) Section 703(a)(3) of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17251(a)(3)) is amended--
(A) in the matter preceding subparagraph (A), by
striking the first and second sentences; and
(B) in subparagraph (B), by striking ``including''
in the matter preceding clause (i) and all that follows
through the period at the end and inserting ``,
including such geologic sequestration projects as are
approved by the Secretary''.
(2) Section 704 of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17252) is amended in the first sentence by
striking ``under section 963(c)(3) of the Energy Policy Act of
2005 (42 U.S.C. 16293(c)(3)), as added by section 702 of this
subtitle, and''.
SEC. 2. ESTABLISHMENT OF COAL TECHNOLOGY PROGRAM.
(a) In General.--The Energy Policy Act of 2005 (as amended by
section 2) is amended by inserting after section 961 (42 U.S.C. 16291)
the following:
``SEC. 962. COAL TECHNOLOGY PROGRAM.
``(a) Definitions.--In this section:
``(1) Large-scale pilot project.--The term `large-scale
pilot project' means a pilot project that--
``(A) represents the scale of technology
development beyond laboratory development and bench
scale testing, but not yet advanced to the point of
being tested under real operational conditions at
commercial scale;
``(B) represents the scale of technology necessary
to gain the operational data needed to understand the
technical and performance risks of the technology
before the application of that technology at commercial
scale or in commercial-scale demonstration; and
``(C) is large enough--
``(i) to validate scaling factors; and
``(ii) to demonstrate the interaction
between major components so that control
philosophies for a new process can be developed
and enable the technology to advance from
large-scale pilot plant application to
commercial scale demonstration or application.
``(2) Program.--The term `program' means the program
established under subsection (b).
``(3) Transformational technology.--
``(A) In general.--The term `transformational
technology' means a power generation technology that
represents an entirely new way to convert energy that
will enable a step change in performance, efficiency,
and cost of electricity as compared to the technology
in existence on the date of enactment of this Act.
``(B) Inclusions.--The term `transformational
technology' includes a broad range of technology
improvements, including--
``(i) thermodynamic improvements in energy
conversion and heat transfer, including--
``(I) pressurized oxygen
combustion;
``(II) chemical looping; and
``(III) the replacement of steam
cycles with supercritical carbon
dioxide cycles;
``(ii) improvements in turbine technology;
and
``(iii) improvements in carbon capture
systems technology.
``(b) Coal Technology Program.--
``(1) In general.--The Secretary shall establish a coal
technology program to ensure the continued use of the abundant,
domestic coal resources of the United States through the
development of technologies that will significantly improve the
efficiency, effectiveness, costs, and environmental performance
of coal use.
``(2) Requirements.--The program shall include--
``(A) a research and development program;
``(B) large-scale pilot projects; and
``(C) demonstration projects.
``(3) Performance standards.--In consultation with the
interested entities described in paragraph (4)(C), the
Secretary shall develop performance standards for technologies
and the application of those technologies included in the
program, taking into consideration the following objectives:
``(A) Ensure reliable, low cost power from new and
existing coal plants.
``(B) Have high conversion efficiencies.
``(C) Address emissions of carbon dioxide through
high efficiency platforms and carbon capture from new
and existing coal plants.
``(D) Support small-scale and modular technologies
to enable incremental capacity additions and load
growth.
``(E) Support flexible baseload operations for new
and existing applications of coal generation.
``(F) Further reduce emissions of criteria
pollutants and reduce the use and manage the discharge
of water in power plant operations.
``(G) Accelerate the development of technologies
that have transformational energy conversion
characteristics.
``(H) Validate geologic storage of large volumes of
anthropogenic sources of carbon dioxide and the
infrastructure needed to support a carbon dioxide use
and storage industry.
``(I) Examine methods of converting coal to other
valuable products and commodities in addition to
electricity.
``(4) Consultations required.--In carrying out the program,
the Secretary shall--
``(A) undertake international collaborations, as
recommended by the National Coal Council;
``(B) use existing authorities to encourage
international cooperation; and
``(C) consult with interested entities, including--
``(i) coal producers;
``(ii) industries that use coal;
``(iii) organizations that promote coal and
advanced coal technologies;
``(iv) environmental organizations;
``(v) organizations representing workers;
and
``(vi) organizations representing
consumers.
``(c) Report.--
``(1) In general.--Not later than 18 months after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the performance standards adopted
under subsection (b)(3).
``(2) Update.--Once every 2 years after the initial report
is submitted under paragraph (1), the Secretary shall submit to
Congress a report describing the progress made towards
achieving the objectives and performance standards adopted
under subsection (b)(3).
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this Act, to remain available until expended--
``(A) $610,000,000 for each of fiscal years 2017
through 2020; and
``(B) $560,000,000 for fiscal year 2021.
``(2) Allocations.--The amounts made available under
paragraph (1) shall be allocated as follows:
``(A) For activities under the research and
development program component described in subsection
(b)(2)(A)--
``(i) $275,000,000 for each of fiscal years
2017 through 2020; and
``(ii) $200,000,000 for fiscal year 2021.
``(B) For activities under the demonstration
projects program component described in subsection
(b)(2)(B)--
``(i) $50,000,000 for each of fiscal years
2017 through 2020; and
``(ii) $75,000,000 for fiscal year 2021.
``(C) For activities under the large-scale pilot
projects program component described in subsection
(b)(2)(C), $285,000,000 for each of fiscal years 2017
through 2021.''.
(b) Cost Sharing for Large-Scale Pilot Projects.--Section 988(c) of
the Energy Policy Act of 2005 (42 U.S.C. 16352(c)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(3) Cost-sharing for large-scale pilot projects.--
Notwithstanding any other provision of this Act, the cost-
sharing requirements under this section shall not apply to the
coal technology program established under section 962.''.
(c) Conforming Amendment.--The table of contents of the Energy
Policy Act of 2005 (42 U.S.C. 15801 note) is amended--
(1) by striking the items relating to sections 962 and 963
and inserting the following:
``Sec. 962. Coal technology program.'';
and
(2) by striking the items relating to subtitle A of title
IV. | This bill amends the Energy Policy Act of 2005 to repeal: (1) the coal and related technologies program; (2) the carbon capture research, development and demonstration program; and (3) the Clean Coal Power Initiative. In lieu of those programs the Department of Energy (DOE) shall establish a coal technology program encompassing: (1) research and development, (2) large-scale pilot projects, and (3) demonstration projects. DOE must develop performance standards that include: ensuring reliable, low cost power from new and existing coal plants; addressing carbon dioxide emissions through high efficiency platforms and carbon capture from new and existing coal plants; support flexible baseload operations for new and existing applications of coal generation; and validate geologic storage of large volumes of anthropogenic sources of carbon dioxide and the infrastructure needed to support a carbon dioxide use and storage industry. | {"src": "billsum_train", "title": "A bill to amend the Energy Policy Act of 2005 to repeal certain programs, to establish a coal technology program, and for other purposes."} | 1,875 | 168 | 0.48868 | 1.374247 | 0.668945 | 3.733728 | 10.284024 | 0.893491 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working American Training Voucher
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Governor.--The term ``Governor'' means the chief
executive of any State.
(2) Private industry council.--The term ``private industry
council'' means a council nominated, appointed, and certified
in accordance with section 103 of the Job Training Partnership
Act (29 U.S.C. 1513) or a local workforce investment board
established in accordance with section 117 of the Workforce
Investment Act of 1998 (29 U.S.C. 2832).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(4) Service delivery area.--The term ``service delivery
area'' means a service delivery area designated in accordance
with section 101 of the Job Training Partnership Act (29 U.S.C.
1511) or a local workforce investment area designated in
accordance with section 116 of the Workforce Investment Act of
1998 (29 U.S.C. 2831).
(5) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, the Republic
of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
(6) State educational agency.--The term ``State 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).
(7) Training entity.--The term ``training entity'' means an
administrative entity, as defined in section 4 of the Job
Training Partnership Act (29 U.S.C. 1503) or a one-step
operator designated or certified under section 121(d) of the
Workforce Investment Act of 1998 (29 U.S.C. 2841(d)).
SEC. 2. GENERAL AUTHORITY.
The Secretary shall make allotments to States that have State plans
approved under section 4 to enable the States to assist training
entities in service delivery areas in carrying out training voucher
programs under this Act.
SEC. 3. ALLOTMENTS AND ALLOCATIONS.
(a) Allotment.--
(1) Territories.--From the amount made available under
section 9 for each fiscal year, the Secretary shall reserve not
more than \1/4\ of 1 percent to make grants to the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau. The Secretary shall issue regulations specifying the
requirements of this Act that shall apply to funds made
available through such grants.
(2) State reservation.--After determining the amounts to be
reserved under paragraph (1), the Secretary shall allot not
less than 90 percent of the remainder to the States for
allocation to service delivery areas within each State. Each
State shall allocate to each service delivery area within the
State the amount determined by the Secretary for such service
delivery area pursuant to the formula contained in subsection
(b). The remaining 10 percent shall be used by the State in
accordance with subsection (c).
(b) Allocation to Service Delivery Areas.--
(1) Formula.--Subject to the provisions of paragraph (2),
of the amounts allocated to service delivery areas for this Act
for each fiscal year--
(A) 33\1/3\ percent shall be allocated on the basis
of the relative number of unemployed individuals in
areas of substantial unemployment in each service
delivery area as compared to the total number of
unemployed individuals in areas of substantial
unemployment in all service delivery areas in all
States;
(B) 33\1/3\ percent shall be allocated on the basis
of the relative excess number of unemployed individuals
in each service delivery area as compared to the total
excess number of unemployed individuals in all service
delivery areas in all States; and
(C) 33\1/3\ percent shall be allocated on the basis
of the relative number of economically disadvantaged
adults in each service delivery area as compared to the
total number of economically disadvantaged adults in
all service delivery areas in all States.
(2) Limitations.--
(A) Minimum percentage.--No service delivery area
shall receive an allocation percentage for a fiscal
year that is less than 90 percent of the allocation
percentage of the service delivery area for the
preceding fiscal year.
(B) Maximum percentage.--No service delivery area
shall receive an allocation percentage for a fiscal
year that is more than 130 percent of the allocation
percentage of the service delivery area for the
preceding fiscal year.
(C) State minimum.--Notwithstanding subparagraphs
(A) and (B), the total allocation under this subsection
for all service delivery areas in any State for a
fiscal year shall not be less than \1/4\ of 1 percent
of the total allocation under this subsection for all
service delivery areas in all States for the fiscal
year.
(D) Allocation percentage.--
(i) In general.--Except as provided in
clause (ii), for purposes of subparagraphs (A)
and (B), the allocation percentage of a service
delivery area for a fiscal year shall be the
percentage of funds allocated to the service
delivery area under this subsection.
(ii) Fiscal year 1999.--For purposes of
subparagraphs (A) and (B), the allocation
percentage of a service delivery area for
fiscal year 1999 shall be the percentage of
funds allocated to the service delivery area
under part A of title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.) or
paragraph (2)(A) or (3) of section 133(b) of
the Workforce Investment Act of 1998 (29 U.S.C.
2863(b)).
(3) Recipient.--The training entity in a service delivery
area shall receive each allocation made to the area under this
subsection.
(c) State Activities.--The remaining 10 percent of funds available
for allotment to States under this part for each fiscal year may be
used for State administrative and oversight activities.
(d) Definitions and Rule.--
(1) Definitions.--In this section:
(A) Area of substantial unemployment.--The term
``area of substantial unemployment'' means any area
that is of sufficient size and scope to sustain a
program carried out under this Act and that has an
average rate of unemployment of at least 6.5 percent
for the most recent 12 months, as determined by the
Secretary. For purposes of this subparagraph,
determinations of areas of substantial unemployment
shall be made once each fiscal year.
(B) Economically disadvantaged adult.--The term
``economically disadvantaged adult'' means an
individual who is age 22 through 72 and who has
received an income, or is a member of a family that has
received a total family income, for the 6-month period
prior to application for the program involved that, in
relation to family size, does not exceed the higher
of--
(i) the poverty line (as defined by the
Office of Management and Budget, and revised
annually in accordance with section 673(2) of
the Omnibus Budget Reconciliation Act of 1981
(42 U.S.C. 9902(2)), for an equivalent period;
or
(ii) 70 percent of the lower living
standard income level, for an equivalent
period.
(C) Excess number.--The term ``excess number''
means, with respect to the excess number of unemployed
individuals in a service delivery area, the number of
unemployed individuals in excess of 4.5 percent of the
civilian labor force in the service delivery area, or
the number of unemployed individuals in excess of 4.5
percent of the civilian labor force in areas of
substantial unemployment in such service delivery area.
(D) State.--The term ``State'' means any of the
several States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(2) Special rule.--For the purposes of this section, the
Secretary shall, as appropriate and to the extent practicable,
exclude college students and members of the Armed Forces from
the determination of the number of economically disadvantaged
adults.
SEC. 4. STATE PLAN.
In order for a State to receive an allotment under this Act, the
Governor of the State shall develop and submit a State plan to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require. At a minimum, the State plan shall
contain--
(1) information describing the use of all resources
provided to the State and the service delivery areas in the
State under this Act; and
(2) information identifying an entity within the State,
which may be the State educational agency, that will certify
training programs as eligible to receive vouchers under this
Act.
SEC. 5. LOCAL PLAN.
In order for a service delivery area in a State to receive an
allocation under this Act, the private industry council for the area
shall ensure the preparation, and submission to the Governor of the
State, of a local plan at such time, in such manner, and containing
such information as the Governor may require. At a minimum, the local
plan shall contain information describing the manner in which the
training entity will carry out a training voucher program in the area.
The local plan shall be developed, submitted, approved, and subject to
oversight in accordance with the requirements of section 103 of the Job
Training Partnership Act (29 U.S.C. 1513) or the requirements of
sections 117 and 118 of the Workforce Investment Act of 1998 (29 U.S.C.
2832, 2833), for job training plans.
SEC. 6. USE OF FUNDS.
(a) In General.--A training entity that receives an allocation for
a service delivery area under this Act shall use the funds made
available through the allocation to distribute training vouchers to
eligible employees, to enable the employees to participate in training
programs that are certified as described in section 4(2). The training
entity may not provide training programs under this Act.
(b) Vouchers.--The amount of a voucher made available under
subsection (a) shall be the lesser of--
(1) the amount necessary to pay for such a certified
training program for an employee for 1 year; or
(2) $1000.
(c) Eligible Employee.--To be eligible to apply for a training
voucher in a State under this Act, an employee shall--
(1) be employed by an employer who has 200 or fewer
employees for each working day in each of 20 or more calendar
weeks in the current or preceding calendar year; or
(2) in the case of an employee who applies during a period
for which the Governor of the State has provided a waiver under
section 7(c), be employed by an employer described in such
section.
(d) Application.--To be eligible to receive a training voucher
under this Act, an employee shall submit an application to the training
entity at such time, in such manner, and containing such information as
the entity may require. At a minimum, the application shall contain
information demonstrating that the employer of the employee approves of
the training program for which the voucher will be used.
SEC. 7. WAIVER AUTHORITY OF GOVERNOR.
(a) Report.--Not later than the 90th day of a fiscal year, each
training entity in a State shall submit to the Governor a report
containing information on--
(1) the amount of funds that the entity has received
through an allocation made under section 3 for the fiscal year
and has obligated for activities described in this Act; and
(2) if the entity has not obligated all of the funds
received, the reasons that a portion of the funds remains
unobligated.
(b) Determination.--Not later than the 120th day of the fiscal
year, the Governor shall determine whether to waive the requirements of
section 6(c)(1) for employees in the State for the remainder of the
fiscal year.
(c) Waiver.--If the Governor waives the requirements, an employee
shall be eligible to apply to receive a training voucher under this Act
if the employee is employed by an employer who has 500 or fewer
employees for each working day in each of 20 or more calendar weeks in
the current or preceding calendar year.
SEC. 8. REFERENCES.
Any reference in this Act to the Job Training Partnership Act (29
U.S.C. 1501 et seq.) ceases to be effective July 1, 2000, the effective
date of the repeal of the Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$1,100,000,000 for fiscal year 2000 and each subsequent fiscal year. | Working American Training Voucher Act - Establishes a training voucher system. Directs the Secretary of Labor to make allotments to States with approved plans to assist training entities in service delivery areas (SDAs) in carrying out training voucher programs.
Sets forth requirements for: (1) allotments and allocations of funds; and (2) State and local plans.
Requires training entities that receive such allocations for SDAs to use such funds to distribute training vouchers to eligible employees so that they may participate in certified training programs. Prohibits such a training entity from providing training programs under this Act.
Sets the amount of such a voucher at the lesser of: (1) the amount necessary to pay for such a certified training program for an employee for one year; or (2) $1,000.
Conditions eligibility to apply for a training voucher on an employee's being employed by an employer who has: (1) 200 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or (2) 500 or fewer employees for each such day in such weeks of the current or preceding year, if the application is made during a period for which the State Governor has provided a specified waiver under this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Working American Training Voucher Act"} | 2,801 | 275 | 0.518089 | 1.521697 | 0.90349 | 3.791165 | 10.337349 | 0.915663 |
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