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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prenatally Diagnosed Condition
Awareness Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Pregnant women who choose to undergo prenatal genetic
testing should have access to timely, scientific, and
nondirective counseling about the conditions being tested for
and the accuracy of such tests, from health care professionals
qualified to provide and interpret these tests. Informed
consent is a critical component of all genetic testing.
(2) A recent, peer-reviewed study and two reports from the
Centers for Disease Control and Prevention on prenatal testing
found a deficiency in the data needed to understand the
epidemiology of prenatally diagnosed conditions, to monitor
trends accurately, and to increase the effectiveness of health
intervention.
(b) Purposes.--It is the purpose of this Act, after the diagnosis
of a fetus with Down syndrome or other prenatally diagnosed conditions,
to--
(1) increase patient referrals to providers of key support
services for women who have received a positive test diagnosis
for Down syndrome, or other prenatally diagnosed conditions, as
well as to provide up-to-date, science-based information about
life-expectancy, development potential, and quality of life for
a child born with Down syndrome or other prenatally diagnosed
condition;
(2) provide networks of support through a Centers for
Disease Control and Prevention patient and provider outreach
program;
(3) improve available data by incorporating information
directly revealed by prenatal testing into existing State-based
surveillance programs for birth defects and prenatally
diagnosed conditions; and
(4) ensure that patients receive up-to-date, scientific
information about the accuracy of the test.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399R. SUPPORT FOR PATIENTS RECEIVING A POSITIVE TEST DIAGNOSIS
OF DOWN SYNDROME OR OTHER PRENATALLY DIAGNOSED
CONDITIONS.
``(a) Definitions.--In this section:
``(1) Down syndrome.--The term `Down syndrome' refers to a
chromosomal disorder caused by an error in cell division that
results in the presence of an extra whole or partial copy of
chromosome 21.
``(2) Health care provider.--The term `health care
provider' means any person or entity required by State or
Federal law or regulation to be licensed, registered, or
certified to provide health care services, and who is so
licensed, registered, or certified.
``(3) Prenatally diagnosed condition.--The term `prenatally
diagnosed condition' means any fetal health condition
identified by prenatal genetic testing or prenatal screening
procedures.
``(4) Prenatal test.--The term `prenatal test' means
diagnostic or screening tests offered to pregnant women seeking
routine prenatal care that are administered on a required or
recommended basis by a health care provider based on medical
history, family background, ethnic background, previous test
results, or other risk factors.
``(b) Information and Support Services.--The Secretary, acting
through the Director of the National Institutes of Health, the Director
of the Centers for Disease Control and Prevention, or the Administrator
of the Health Resources and Services Administration, may authorize and
oversee certain activities, including the awarding of grants,
contracts, or cooperative agreements, to--
``(1) collect, synthesize, and disseminate current
scientific information relating to Down syndrome or other
prenatally diagnosed conditions; and
``(2) coordinate the provision of, and access to, new or
existing supportive services for patients receiving a positive
test diagnosis for Down syndrome or other prenatally diagnosed
conditions, including--
``(A) the establishment of a resource telephone
hotline and Internet website accessible to patients
receiving a positive test result;
``(B) the establishment of a clearinghouse of
scientific information, clinical course, life
expectancy, development potential, and quality of life
relating to Down syndrome or other prenatally diagnosed
conditions;
``(C) the establishment of national and local peer-
support programs;
``(D) the establishment of a national registry, or
network of local registries, of families willing to
adopt newborns with Down syndrome or other prenatally
diagnosed conditions, and links to adoption agencies
willing to place babies with Down syndrome or other
prenatally diagnosed conditions, with families willing
to adopt; and
``(E) the establishment of awareness and education
programs for health care providers who provide the
results of prenatal tests for Down syndrome or other
prenatally diagnosed conditions, to patients,
consistent with the purpose described in section
2(b)(1) of the Prenatally Diagnosed Condition Awareness
Act of 2007.
``(c) Data Collection.--
``(1) Provision of assistance.--The Secretary, acting
through the Director of Centers for Disease Control and
Prevention, shall provide assistance to State and local health
departments to integrate the results of prenatal testing into
State-based vital statistics and birth defects surveillance
programs.
``(2) Activities.--The Secretary shall ensure that
activities carried out under paragraph (1) are sufficient to
extract population-level data relating to national rates and
results of prenatal testing.
``(d) Provision of Information by Providers.--The Secretary shall
ensure that in the case of a health care provider that performs
prenatal tests for Down syndrome or other prenatally diagnosed
conditions, such provider is eligible to participate in an activity
carried out under subsection (b) or (c) only if such provider (or a
designee of such provider) provides assurances satisfactory to the
Secretary that upon receipt of a positive test result from such a test
performed on a patient, the provider (or designee) will provide the
patient with the following:
``(1) Up-to-date, scientific, written information
concerning the life expectancy, clinical course, and
intellectual and functional development and treatment options
for a fetus diagnosed with or child born with Down syndrome or
other prenatally diagnosed conditions.
``(2) Referral to supportive services providers, including
information hotlines specific to Down syndrome or other
prenatally diagnosed conditions, resource centers or
clearinghouses, and other education and support programs as
described in subsection (b)(2).
``(e) Privacy.--
``(1) In general.--Notwithstanding subsections (c) and (d),
nothing in this section shall be construed to permit or require
the collection, maintenance, or transmission, without the
health care provider obtaining the prior, written consent of
the patient, of--
``(A) health information or data that identify a
patient, or with respect to which there is a reasonable
basis to believe the information could be used to
identify the patient (including a patient's name,
address, healthcare provider, or hospital); and
``(B) data that are not related to the epidemiology
of the condition being tested for.
``(2) Guidance.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish
guidelines concerning the implementation of paragraph (1) and
subsection (d).
``(f) Reports.--
``(1) Implementation report.--Not later than 2 years after
the date of the enactment of this section, and every 2 years
thereafter, the Secretary shall submit to Congress a report
concerning the implementation of the guidelines described in
subsection (e)(2).
``(2) GAO report.--Not later than 1 year after the date of
the enactment of this section, the Government Accountability
Office shall submit to Congress a report concerning the
effectiveness of current health care and family support
programs serving as resources for the families of children with
disabilities.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2008 through 2012.''. | Prenatally Diagnosed Condition Awareness Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through either the Director of the National Institutes of Health (NIH), the Director of the Centers for Disease Control and Prevention (CDC), or the Administrator of the Health Resources and Services Administration (HRSA), to authorize and oversee certain activities relating to Down syndrome or other prenatally diagnosed conditions, including the awarding of grants, contracts or cooperative agreements to: (1) collect, synthesize, and disseminate current scientific information; and (2) coordinate the provision of, and access to, supportive services for patients affected, which shall include a telephone hotline, an information clearinghouse, peer-support programs, and registries of families willing to adopt children affected by such conditions.
Requires the Secretary, acting through the Director of CDC, to provide assistance to state and local heath departments to integrate the results of prenatal testing into state-based vital statistics and birth defects surveillance programs.
Directs the Secretary to ensure that a provider is only able to participate in activities under this Act if it provides assurances that it will provide a patient receiving a positive result from a prenatal test with certain information, including: (1) up-to-date scientific information concerning the life expectancy, clinical course, and intellectual and functional development and treatment options for a fetus diagnosed with, or a child born with, such conditions; and (2) referrals to supportive service providers.
Requires the Government Accountability Office (GAO) to submit a report to Congress concerning the effectiveness of current health care and family support programs serving as resources for the families of children with disabilities. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to increase the provision of scientifically sound information and support services to patients receiving a positive test diagnosis for Down syndrome or other prenatally diagnosed conditions."} | 1,776 | 368 | 0.636987 | 2.015101 | 0.654205 | 4.51682 | 5.030581 | 0.944954 |
TITLE I--AMENDMENTS TO NATIONAL FISH AND WILDLIFE FOUNDATION
ESTABLISHMENT ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Fish and Wildlife
Foundation Improvement Act of 1993''.
SEC. 102. COOPERATIVE PROGRAMS WITH NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
Section 2(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701) is amended by inserting ``and the
National Oceanic and Atmospheric Administration'' after ``the United
States Fish and Wildlife Service''.
SEC. 103. MEMBERSHIP OF BOARD OF DIRECTORS OF FOUNDATION.
(a) Consultations Regarding Appointments.--
(1) In general.--Section 3(b) of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702(b)) is
amended by adding at the end the following: ``The Secretary of
the Interior shall consult with the Under Secretary of Commerce
for Oceans and Atmosphere before appointing any Director of the
Board.''.
(2) Application.--The amendment made by paragraph (1) shall
apply to appointments of Directors of the Board of Directors of
the National Fish and Wildlife Foundation made after the date
of the enactment of this Act.
(b) Expansion of Board.--Section 3(a) of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3702(a)) is amended--
(1) in the matter preceding paragraph (1) by striking
``nine'' and inserting ``15''; and
(2) in paragraph (2) by striking ``three'' and inserting
``4''.
(c) Initial Terms.--Of the Directors on the Board of Directors of
the National Fish and Wildlife Foundation first appointed pursuant to
the amendment made by subsection (b)(1), notwithstanding the second
sentence of section 3(b) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3702(b))--
(1) 2 shall be appointed to a term of 2 years;
(2) 2 shall be appointed to a term of 4 years; and
(3) 2 shall be appointed to a term of 6 years;
as specified by the Secretary of the Interior at the time of
appointment.
(d) Completion of Appointments.--The Secretary of the Interior
shall appoint the additional members of the Board of Directors of the
National Fish and Wildlife Foundation authorized by the amendment made
by subsection (a), by not later than 60 days after the date of the
enactment of this Act.
(e) Authority of Board Not Affected.--The authority of the Board of
Directors of the National Fish and Wildlife Foundation to take any
action otherwise authorized by law shall not be affected by reason of
the Secretary of the Interior not having completed the appointment of
Directors of the Board of Directors of the National Fish and Wildlife
Foundation pursuant to the amendment made by subsection (b)(1).
SEC. 104. REAUTHORIZATION OF NATIONAL FISH AND WILDLIFE FOUNDATION
ESTABLISHMENT ACT.
(a) Reauthorization.--Section 10 of the National Fish and Wildlife
Foundation Establishment Act (16 U.S.C. 3709) is amended--
(1) in subsection (a) by striking ``not to exceed
$15,000,000'' and all that follows through the end of the
sentence and inserting ``$25,000,000 for each of fiscal years
1994, 1995, 1996, 1997, and 1998.''; and
(2) by adding at the end the following:
``(c) Additional Authorization.--The amounts authorized to be
appropriated under this section are in addition to any amounts provided
or available to the Foundation under any other Federal law.''.
(b) Clerical Amendment.--Section 10(b)(1) of the National Fish and
Wildlife Foundation Establishment Act (16 U.S.C. 3709(b)(1)) is amended
by striking ``paragraphs (2) and (3),'' and inserting ``paragraph
(2),''.
SEC. 105. CONVEYANCE OF SENECAVILLE NATIONAL FISH HATCHERY.
(a) Conveyance Authorized.--Notwithstanding any other provision of
law and within 180 days after the date of the enactment of this Act,
the Secretary of the Interior shall convey to the State of Ohio without
reimbursement all right, title, and interest of the United States in
and to the property known as the Senecaville National Fish Hatchery,
located in Senecaville, Ohio, including--
(1) all easements and water rights relating to that
property, and
(2) all land, improvements, and related personal property
comprising that hatchery.
(b) Use of Property.--All property and interests conveyed under
this section shall be used by the Ohio Department of Natural Resources
for the Ohio fishery resources management program.
(c) Reversionary Interest.--All right, title, and interest in and
to all property and interests conveyed under this section shall revert
to the United States on any date on which any of the property or
interests are used other than for the Ohio fishery resources management
program.
TITLE II--BROWNSVILLE WETLANDS POLICY CENTER
SEC. 201. SHORT TITLE.
This title may be cited as the ``Brownsville Wetlands Policy Act of
1993''.
SEC. 202. ESTABLISHMENT OF WETLANDS POLICY CENTER AT THE PORT OF
BROWNSVILLE, TEXAS.
(a) Establishment of Center.--For purposes of utilizing grants made
by the United States Fish and Wildlife Service there may be established
in accordance with this title, on property owned or held in trust by
the Brownsville Navigation District at the Port of Brownsville, Texas,
a wetlands policy center which shall be known as the ``Brownsville
Wetlands Policy Center at the Port of Brownsville, Texas'' (in this
title referred to as the ``Center''). The Center shall be operated and
maintained by the Port of Brownsville with programs to be administered
by the University of Texas at Brownsville.
(b) Mission of the Center.--The primary mission of the Center shall
be to utilize the unique wetlands property at the Port of Brownsville
and adjacent waters of South Texas to focus on wetland matters for the
purposes of protecting, restoring, and maintaining the Lagoon
Ecosystems of the Western Gulf of Mexico Region.
(c) Board of Directors.--The Center shall be governed by a Board of
Directors to oversee the management and financial affairs of the
Center. The Board of Directors shall be cochaired by the Port of
Brownsville, the University of Texas at Brownsville, and the designee
of the Director of the Fish and Wildlife Service, and shall include as
members other representatives considered appropriate by those cochairs.
(d) Oversight of the Center.--
(1) Annual report.--The Board of Directors of the Center
shall prepare an annual report and submit it through the
Director of the United States Fish and Wildlife Service to the
Congress.
(2) Contents.--Annual reports under this subsection shall
cover the programs, projects, activities, and accomplishments
of the Center. The reports shall include a review of the budget
of the Center, including all sources of funding received to
carry out Center operations.
(3) Availability of information.--The Board of Directors of
the Center shall make available all pertinent information and
records to allow preparation of annual reports under this
subsection.
(4) General accounting office.--The Comptroller General of
the United States shall periodically submit to the Congress
reports on the operations of the Center.
SEC. 203. GRANTS.
The Director of the United States Fish and Wildlife Service shall,
subject to the availability of appropriations, make grants to the
Center for use for carrying out activities of the Center.
SEC. 204. LEASE.
The Director of the United States Fish and Wildlife Service,
subject to the availability of appropriations, may enter into a long-
term lease with the Port of Brownsville for use by the Center of
wetlands property owned by the Port of Brownsville. Terms of the lease
shall be negotiated, and the lease shall be signed by both parties,
prior to the disposal of any Federal funds pursuant to this title. The
lease shall include a provision authorizing the Director to terminate
the lease at any time.
SEC. 205. OTHER REQUIREMENTS.
As conditions of receiving assistance under this title--
(1) the University of Texas at Brownsville shall make
available to the Center for fiscal years 1994, 1995, 1996, and
1997--
(A) administrative office space;
(B) classroom space; and
(C) other in-kind contributions for the Center,
including overhead and personnel; and
(2) the Port of Brownsville shall make available up to
7,000 acres of Port Property for the programs, projects, and
activities of the Center.
The Board of Directors of the Center shall include in their annual
report under section 202(d) a statement of whether these conditions
have been met.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director of the
United States Fish and Wildlife Service $5,000,000 for fiscal year
1994, $4,000,000 for fiscal year 1995, $4,000,000 for fiscal year 1996;
and such sums as may be necessary for fiscal year 1997, for making
grants to the Center under section 203, including for use for the
establishment, operation, maintenance, and management of the Center.
SEC. 207. RELATIONSHIP OF CENTER WITH THE CENTER FOR ENVIRONMENTAL
STUDIES AND SERVICES, CORPUS CHRISTI, TEXAS.
None of the funds appropriated pursuant to this title may be used
to relocate any of the administrative operations of the United States
Fish and Wildlife Service from the Center for Environmental Studies and
Services Building on the campus of Corpus Christi State University, to
the Brownsville Wetlands Policy Center at the Port of Brownsville,
Texas, established pursuant to this title.
TITLE III--WALTER B. JONES CENTER FOR THE SOUNDS AT THE POCOSIN LAKES
NATIONAL WILDLIFE REFUGE
SEC. 301. FINDINGS.
The Congress finds the following:
(1) The Pocosin Lakes National Wildlife Refuge, located in
northeastern North Carolina, provides unique opportunities for
observing and interpreting the biological richness of the
region's estuaries and wetlands.
(2) Although there are 10 national wildlife refuges in
eastern North Carolina, not one has an educational or
interpretative center for visitors.
(3) The State of North Carolina, Tyrrell County, the town
of Columbia, the Conservation Fund, and private citizens have
proposed to enter into a partnership with the United States
Fish and Wildlife Service to establish an educational and
interpretative facility to be known as the Center for the
Sounds.
(4) Establishment of the Center for the Sounds would bestow
economic benefits upon Tyrrell County and the town of Columbia.
(5) The Federal Government has designated the Albemarle-
Pamlico estuary system of northeastern North Carolina as an
estuary of national concern.
(6) Throughout his congressional career, the Honorable
Walter B. Jones was a strong supporter of the National Wildlife
Refuge System.
(7) During his years of service in the House of
Representatives, Walter B. Jones supported the establishment
and expansion of National Wildlife Refuges in eastern North
Carolina; these include 6 new National Wildlife Refuges
established in his district, including the Alligator River
National Wildlife Refuge and the Pocosin Lakes National
Wildlife Refuge, which are respectively the third largest and
fifth largest National Wildlife Refuges east of the Mississippi
River.
(8) Walter B. Jones helped increase refuge acreage in his
district by over 303,000 acres, thus ensuring the protection of
these lands for wildlife habitat and public recreation.
(9) Walter B. Jones' support for reintroducing endangered
red wolves into the wild at Alligator River National Wildlife
Refuge was a major factor in securing public acceptance of, and
support for, this first successful effort to reintroduce
endangered predators into formerly occupied habitat.
(10) Walter B. Jones devoted much of his congressional
career, including his years as Chairman of the Merchant Marine
and Fisheries Committee, to the conservation of fish and
wildlife, for the benefit of the Nation and the people of North
Carolina.
(11) Walter B. Jones should most appropriately be
recognized for his work on behalf of fish and wildlife
conservation by having the Center for the Sounds at the Pocosin
Lakes National Wildlife Refuge System named in his honor.
SEC. 302. AUTHORITY TO CONSTRUCT AND OPERATE FACILITY.
The Secretary of the Interior may, subject to the availability of
appropriations, construct and operate a facility at the Pocosin Lakes
National Wildlife Refuge in Tyrrell County, North Carolina, which shall
be known as the ``Walter B. Jones Center for the Sounds'', for the
following purposes:
(1) Providing public opportunities, facilities, and
resources to study the natural history and natural resources of
northeastern North Carolina.
(2) Offering a variety of environmental educational
programs and interpretive exhibits.
(3) Fostering an awareness and understanding of the
interactions among wildlife, estuarine and wetland ecosystems,
and human activities.
(4) Providing office space and facilities for refuge
administration, research, education, and related activities.
SEC. 303. DESIGN.
The Secretary of the Interior shall ensure that the design, size,
and location of a facility constructed under this title are consistent
with the cultural and natural history of the area with which the
facility will be concerned.
SEC. 304. COST SHARING.
The Secretary of the Interior may accept contributions of funds
from non-Federal sources to pay the costs of operating and maintaining
the facility authorized under this title, and shall take appropriate
steps to seek to obtain such contributions.
SEC. 305. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of the Interior shall submit a report to the
Congress on progress made in designing and constructing a facility
under this title, including steps taken under section 304 to obtain
contributions and any such contributions that have been pledged to or
received by the United States.
Passed the House of Representatives November 3, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | TABLE OF CONTENTS:
Title I: Amendments to National Fish and Wildlife
Foundation Establishment Act
Title II: Brownsville Wetlands Policy Center
Title III: Walter B. Jones Center for the Sounds at the
Pocosin Lakes National Wildlife Refuge
Title I: Amendments to National Fish and Wildlife Foundation Establishment Act
- National Fish and Wildlife Foundation Improvement Act of 1993 - Amends the National Fish and Wildlife Foundation Establishment Act to include as a purpose of the Foundation the encouragement, acceptance, and administration of private gifts of property for the benefit of the National Oceanic and Atmospheric Administration.
(Sec. 103) Increases the membership of the Board of Directors of the Foundation and revises certain administrative functions.
(Sec. 104) Authorizes appropriations for FY 1994 through 1998.
(Sec. 105) Conveys to the State of Ohio, without reimbursement, the Senecaville National Fish Hatchery in Senecaville, Ohio, to be used for the Ohio fishery resources management program.
Title II: Brownsville Wetlands Policy Center
- Brownsville Wetlands Policy Act of 1993 - Authorizes the establishment, for using grants by the U.S. Fish and Wildlife Service, of the Brownsville Wetlands Policy Center at the Port of Brownsville, Texas. Requires that the Center be operated and maintained by the Port of Brownsville, with programs to be administered by the University of Texas at Brownsville, to protect, restore, and maintain the lagoon ecosystems of the western Gulf of Mexico region. Requires the Director of the U.S. Fish and Wildlife Service, subject to appropriations, to make grants to the Center and authorizes the Director to enter into a long-term lease with the Port for Center use of Port wetlands property. Requires the University to make in-kind contributions for the Center and the Port to make Port property available for Center use. Authorizes appropriations. Prohibits use of funds under this Act to relocate any administrative operations of the Service to the Center from Corpus Christi State University.
Title III: Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge
- Authorizes the Secretary of the Interior to construct and operate the Walter B. Jones Center for the Sounds at the Pocosin Lakes National Wildlife Refuge in Tyrrell County, North Carolina, to: (1) provide public opportunities, facilities, and resources to study the natural history and natural resources of northeastern North Carolina; (2) offer a variety of environmental educational programs and interpretive exhibits; (3) foster an awareness and understanding of the interactions among wildlife, estuarine and wetland ecosystems, and human activities; and (4) provide office space and facilities for refuge administration, research, education, and related activities.
(Sec. 303) Directs the Secretary to ensure that the design, size, and location of a facility constructed under this Act are consistent with the cultural and natural history of the area with which the facility will be concerned.
(Sec. 304) Authorizes the Secretary to accept contributions of funds from non-Federal sources to pay the costs of operating and maintaining the facility authorized under this Act. Directs the Secretary to take appropriate steps to obtain such contributions.
(Sec. 305) Sets forth reporting requirements. | {"src": "billsum_train", "title": "National Fish and Wildlife Foundation Improvement Act of 1993"} | 3,212 | 723 | 0.516914 | 1.801096 | 0.564801 | 4.486312 | 4.541063 | 0.904992 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Hospital Preservation
Act''.
SEC. 2. AUTHORITY TO MAKE GRANTS.
(a) In General.--From any amounts made available to carry out this
Act, the Secretary may make grants under this Act to eligible community
hospitals.
(b) Amount of Grant.--The aggregate amount of grant amounts
provided to any single eligible community hospital that is awarded a
grant may not be--
(1) less than $100,000;
(2) greater than $2,500,000; or
(3) greater than 10 percent of the total assets of the
hospital.
(c) Matching Requirement.--The Secretary may not award grant
amounts under this Act to any eligible community hospital for any
fiscal year in an amount that exceeds the amount that the hospital
receives, in cash contributions, loans, or any combination thereof, for
that fiscal year from non-Federal sources.
(d) Hospitals With HUD-Insured Mortgages.--The Secretary may not
award grant amounts under this Act to a hospital that is subject to a
mortgage insured by the Secretary of Housing and Urban Development
under section 242 of the National Housing Act (12 U.S.C. 1715z-7)
unless the Secretary of Housing and Urban Development approves the
award before the date of the award.
SEC. 3. USE OF GRANT AMOUNTS.
Grant amounts under this Act may be used only for legitimate
hospital purposes.
SEC. 4. APPLICATION.
The Secretary may award grant amounts under this Act only to an
eligible community hospital that has submitted an application to the
Secretary at such time and in such manner as the Secretary may require,
and containing such information and certifications as the Secretary may
require to ensure compliance with this Act.
SEC. 5. SELECTION CRITERIA.
The Secretary shall award grant amounts under this Act in
accordance with competitive criteria established by the Secretary.
SEC. 6. RECOVERY OF GRANT AMOUNTS.
(a) Recovery.--For each award of grant amounts under this Act, the
Secretary shall recover, upon the date specified in subsection (b), the
amount specified in subsection (c).
(b) Date of Recovery.--The date specified in this subsection is the
first to occur of the following:
(1) The date on which the recipient fails to comply
substantially with section 3.
(2) The date on which the recipient fails to be a hospital
that meets the requirements of any of subparagraphs (A), (B),
and (C) of section 8(1).
(3) The date of the expiration of the 10-year period
beginning on the date of the award.
(c) Amount of Recovery and Forgiveness of Such Amount.--The amount
specified in this subsection is an amount equal to the amount of the
award, reduced by 10 percent of the amount of such award for each full
year from the date of the award through the date specified in
subsection (b) throughout which the recipient continues to be a
hospital that meets the requirements of any one or more of
subparagraphs (A), (B), and (C) of section 8(1).
(d) Manner of Recovery.--Any amount that the Secretary recovers
under this section shall be recovered as if such amount had been loaned
by the Secretary on the date specified in subsection (b), amortized
over a 20-year period, with interest at a rate equal to the average
annual cost of borrowing by the Department of the Treasury.
SEC. 7. ANNUAL REPORT.
Not later than February 1 of each year, the Secretary shall submit
to the Congress a report describing the activities carried out under
this Act in the preceding calendar year and containing any related
information that the Secretary considers appropriate.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Eligible community hospital.--The term ``eligible
community hospital'' means a hospital that meets the following
requirements:
(A) The hospital is nonprofit.
(B) The hospital has total assets of not more than
$75,000,000.
(C) The hospital is an essential source of basic
hospital health care services within the community in
which the hospital is located.
(D) The hospital meets objective financial
criteria, to be established by the Secretary, that
indicate the hospital is experiencing ongoing financial
difficulties.
(E) The hospital is operating in an efficient
manner or has a viable financial recovery plan reviewed
by an independent public accountant, or financial
consultant, who has expertise in the industry of
providing health care services.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 9. REGULATIONS.
The Secretary shall issue any regulations necessary to carry out
this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
For grants under this Act, there is authorized to be appropriated
to the Secretary $1,000,000,000 for each of fiscal years 2000 through
2004, to remain available until expended. | Community Hospital Preservation Act - Authorizes the Secretary of Health and Human Services to make grants to eligible nonprofit community hospitals for legitimate hospital purposes.
Sets forth provisions for: (1) the recovery of grant amounts if they are not used for legitimate purposes, within ten years, or by a hospital meeting eligibility requirements; and (2) forgiveness of repayment of ten percent of a grant amount for each year the recipient met one or more eligibility requirement.
Mandates an annual report by the Secretary to Congress on the activities carried out under this Act. Authorizes appropriations. | {"src": "billsum_train", "title": "Community Hospital Preservation Act"} | 1,077 | 118 | 0.57653 | 1.50943 | 0.608323 | 1.918182 | 9.336364 | 0.845455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Webcaster Settlement Act of
2002''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Some small webcasters who did not participate in the
copyright arbitration royalty panel proceeding leading to the July
8, 2002 order of the Librarian of Congress establishing rates and
terms for certain digital performances and ephemeral reproductions
of sound recordings, as provided in part 261 of the Code of Federal
Regulations (published in the Federal Register on July 8, 2002)
(referred to in this section as ``small webcasters''), have
expressed reservations about the fee structure set forth in such
order, and have expressed their desire for a fee based on a
percentage of revenue.
(2) Congress has strongly encouraged representatives of
copyright owners of sound recordings and representatives of the
small webcasters to engage in negotiations to arrive at an
agreement that would include a fee based on a percentage of
revenue.
(3) The representatives have arrived at an agreement that they
can accept in the extraordinary and unique circumstances here
presented, specifically as to the small webcasters, their belief in
their inability to pay the fees due pursuant to the July 8 order,
and as to the copyright owners of sound recordings and performers,
the strong encouragement of Congress to reach an accommodation with
the small webcasters on an expedited basis.
(4) The representatives have indicated that they do not believe
the agreement provides for or in any way approximates fair or
reasonable royalty rates and terms, or rates and terms that would
have been negotiated in the marketplace between a willing buyer and
a willing seller.
(5) Congress has made no determination as to whether the
agreement provides for or in any way approximates fair or
reasonable fees and terms, or rates and terms that would have been
negotiated in the marketplace between a willing buyer and a willing
seller.
(6) Congress likewise has made no determination as to whether
the July 8 order is reasonable or arbitrary, and nothing in this
Act shall be taken into account by the United States Court of
Appeals for the District of Columbia Circuit in its review of such
order.
(7) It is, nevertheless, in the public interest for the parties
to be able to enter into such an agreement without fear of
liability for deviating from the fees and terms of the July 8
order, if it is clear that the agreement will not be admissible as
evidence or otherwise taken into account in any government
proceeding involving the setting or adjustment of the royalties
payable to copyright owners of sound recordings for the public
performance or reproduction in ephemeral phonorecords or copies of
such works, the determination of terms or conditions related
thereto, or the establishment of notice or recordkeeping
requirements.
SEC. 3. SUSPENSION OF CERTAIN PAYMENTS.
(a) Noncommercial Webcasters.--
(1) In general.--The payments to be made by noncommercial
webcasters for the digital performance of sound recordings under
section 114 of title 17, United States Code, and the making of
ephemeral phonorecords under section 112 of title 17, United States
Code, during the period beginning on October 28, 1998, and ending
on May 31, 2003, which have not already been paid, shall not be due
until June 20, 2003.
(2) Definition.--In this subsection, the term ``noncommercial
webcaster'' has the meaning given that term in section
114(f)(5)(E)(i) of title 17, United States Code, as added by
section 4 of this Act.
(b) Small Commercial Webcasters.--
(1) In general.--The receiving agent may, in a writing signed
by an authorized representative thereof, delay the obligation of
any 1 or more small commercial webcasters to make payments pursuant
to sections 112 and 114 of title 17, United States Code, for a
period determined by such entity to allow negotiations as permitted
in section 4 of this Act, except that any such period shall end no
later than December 15, 2002. The duration and terms of any such
delay shall be as set forth in such writing.
(2) Definitions.--In this subsection--
(A) the term ``webcaster'' has the meaning given that term
in section 114(f)(5)(E)(iii) of title 17, United States Code,
as added by section 4 of this Act; and
(B) the term ``receiving agent'' shall have the meaning
given that term in section 261.2 of title 37, Code of Federal
Regulations, as published in the Federal Register on July 8,
2002.
SEC. 4. AUTHORIZATION FOR SETTLEMENTS.
Section 114(f) of title 17, United States Code, is amended by
adding after paragraph (4) the following:
``(5)(A) Notwithstanding section 112(e) and the other
provisions of this subsection, the receiving agent may enter into
agreements for the reproduction and performance of sound recordings
under section 112(e) and this section by any 1 or more small
commercial webcasters or noncommercial webcasters during the period
beginning on October 28, 1998, and ending on December 31, 2004,
that, once published in the Federal Register pursuant to
subparagraph (B), shall be binding on all copyright owners of sound
recordings and other persons entitled to payment under this
section, in lieu of any determination by a copyright arbitration
royalty panel or decision by the Librarian of Congress. Any such
agreement for small commercial webcasters shall include provisions
for payment of royalties on the basis of a percentage of revenue or
expenses, or both, and include a minimum fee. Any such agreement
may include other terms and conditions, including requirements by
which copyright owners may receive notice of the use of their sound
recordings and under which records of such use shall be kept and
made available by small commercial webcasters or noncommercial
webcasters. The receiving agent shall be under no obligation to
negotiate any such agreement. The receiving agent shall have no
obligation to any copyright owner of sound recordings or any other
person entitled to payment under this section in negotiating any
such agreement, and no liability to any copyright owner of sound
recordings or any other person entitled to payment under this
section for having entered into such agreement.
``(B) The Copyright Office shall cause to be published in the
Federal Register any agreement entered into pursuant to
subparagraph (A). Such publication shall include a statement
containing the substance of subparagraph (C). Such agreements shall
not be included in the Code of Federal Regulations. Thereafter, the
terms of such agreement shall be available, as an option, to any
small commercial webcaster or noncommercial webcaster meeting the
eligibility conditions of such agreement.
``(C) Neither subparagraph (A) nor any provisions of any
agreement entered into pursuant to subparagraph (A), including any
rate structure, fees, terms, conditions, or notice and
recordkeeping requirements set forth therein, shall be admissible
as evidence or otherwise taken into account in any administrative,
judicial, or other government proceeding involving the setting or
adjustment of the royalties payable for the public performance or
reproduction in ephemeral phonorecords or copies of sound
recordings, the determination of terms or conditions related
thereto, or the establishment of notice or recordkeeping
requirements by the Librarian of Congress under paragraph (4) or
section 112(e)(4). It is the intent of Congress that any royalty
rates, rate structure, definitions, terms, conditions, or notice
and recordkeeping requirements, included in such agreements shall
be considered as a compromise motivated by the unique business,
economic and political circumstances of small webcasters, copyright
owners, and performers rather than as matters that would have been
negotiated in the marketplace between a willing buyer and a willing
seller, or otherwise meet the objectives set forth in section
801(b).
``(D) Nothing in the Small Webcaster Settlement Act of 2002 or
any agreement entered into pursuant to subparagraph (A) shall be
taken into account by the United States Court of Appeals for the
District of Columbia Circuit in its review of the determination by
the Librarian of Congress of July 8, 2002, of rates and terms for
the digital performance of sound recordings and ephemeral
recordings, pursuant to sections 112 and 114.
``(E) As used in this paragraph--
``(i) the term `noncommercial webcaster' means a webcaster
that--
``(I) is exempt from taxation under section 501 of the
Internal Revenue Code of 1986 (26 U.S.C. 501);
``(II) has applied in good faith to the Internal
Revenue Service for exemption from taxation under section
501 of the Internal Revenue Code and has a commercially
reasonable expectation that such exemption shall be
granted; or
``(III) is operated by a State or possession or any
governmental entity or subordinate thereof, or by the
United States or District of Columbia, for exclusively
public purposes;
``(ii) the term `receiving agent' shall have the meaning
given that term in section 261.2 of title 37, Code of Federal
Regulations, as published in the Federal Register on July 8,
2002; and
``(iii) the term `webcaster' means a person or entity that
has obtained a compulsory license under section 112 or 114 and
the implementing regulations therefor to make eligible
nonsubscription transmissions and ephemeral recordings.
``(F) The authority to make settlements pursuant to
subparagraph (A) shall expire December 15, 2002, except with
respect to noncommercial webcasters for whom the authority shall
expire May 31, 2003.''.
SEC. 5. DEDUCTIBILITY OF COSTS AND EXPENSES OF AGENTS AND DIRECT
PAYMENT TO ARTISTS OF ROYALTIES FOR DIGITAL PERFORMANCES
OF SOUND RECORDINGS.
(a) Findings.--Congress finds that--
(1) in the case of royalty payments from the licensing of
digital transmissions of sound recordings under subsection (f) of
section 114 of title 17, United States Code, the parties have
voluntarily negotiated arrangements under which payments shall be
made directly to featured recording artists and the administrators
of the accounts provided in subsection (g)(2) of that section;
(2) such voluntarily negotiated payment arrangements have been
codified in regulations issued by the Librarian of Congress,
currently found in section 261.4 of title 37, Code of Federal
Regulations, as published in the Federal Register on July 8, 2002;
(3) other regulations issued by the Librarian of Congress were
inconsistent with the voluntarily negotiated arrangements by such
parties concerning the deductibility of certain costs incurred for
licensing and arbitration, and Congress is therefore restoring
those terms as originally negotiated among the parties; and
(4) in light of the special circumstances described in this
subsection, the uncertainty created by the regulations issued by
the Librarian of Congress, and the fact that all of the interested
parties have reached agreement, the voluntarily negotiated
arrangements agreed to among the parties are being codified.
(b) Deductibility.--Section 114(g) of title 17, United States Code,
is amended by adding after paragraph (2) the following:
``(3) A nonprofit agent designated to distribute receipts from
the licensing of transmissions in accordance with subsection (f)
may deduct from any of its receipts, prior to the distribution of
such receipts to any person or entity entitled thereto other than
copyright owners and performers who have elected to receive
royalties from another designated agent and have notified such
nonprofit agent in writing of such election, the reasonable costs
of such agent incurred after November 1, 1995, in--
``(A) the administration of the collection, distribution,
and calculation of the royalties;
``(B) the settlement of disputes relating to the collection
and calculation of the royalties; and
``(C) the licensing and enforcement of rights with respect
to the making of ephemeral recordings and performances subject
to licensing under section 112 and this section, including
those incurred in participating in negotiations or arbitration
proceedings under section 112 and this section, except that all
costs incurred relating to the section 112 ephemeral recordings
right may only be deducted from the royalties received pursuant
to section 112.
``(4) Notwithstanding paragraph (3), any designated agent
designated to distribute receipts from the licensing of
transmissions in accordance with subsection (f) may deduct from any
of its receipts, prior to the distribution of such receipts, the
reasonable costs identified in paragraph (3) of such agent incurred
after November 1, 1995, with respect to such copyright owners and
performers who have entered with such agent a contractual
relationship that specifies that such costs may be deducted from
such royalty receipts.''.
(c) Direct Payment to Artists.--Section 114(g)(2) of title 17,
United States Code, is amended to read as follows:
``(2) An agent designated to distribute receipts from the
licensing of transmissions in accordance with subsection (f) shall
distribute such receipts as follows:
``(A) 50 percent of the receipts shall be paid to the
copyright owner of the exclusive right under section 106(6) of
this title to publicly perform a sound recording by means of a
digital audio transmission.
``(B) 2\1/2\ percent of the receipts shall be deposited in
an escrow account managed by an independent administrator
jointly appointed by copyright owners of sound recordings and
the American Federation of Musicians (or any successor entity)
to be distributed to nonfeatured musicians (whether or not
members of the American Federation of Musicians) who have
performed on sound recordings.
``(C) 2\1/2\ percent of the receipts shall be deposited in
an escrow account managed by an independent administrator
jointly appointed by copyright owners of sound recordings and
the American Federation of Television and Radio Artists (or any
successor entity) to be distributed to nonfeatured vocalists
(whether or not members of the American Federation of
Television and Radio Artists) who have performed on sound
recordings.
``(D) 45 percent of the receipts shall be paid, on a per
sound recording basis, to the recording artist or artists
featured on such sound recording (or the persons conveying
rights in the artists' performance in the sound recordings).''.
SEC. 6. REPORT TO CONGRESS.
By not later than June 1, 2004, the Comptroller General of the
United States, in consultation with the Register of Copyrights, shall
conduct and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate a
study concerning the economic arrangements among small commercial
webcasters covered by agreements entered into pursuant to section
114(f)(5)(A) of title 17, United States Code, as added by section 4 of
this Act, and third parties, and the effect of those arrangements on
royalty fees payable on a percentage of revenue or expense basis.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Small Webcaster Settlement Act of 2002 - (Sec. 3) Permits the suspension of certain payments by noncommercial webcasters. Defines webcasters as persons or entities with compulsory licenses under Federal copyright law to make eligible nonsubscription transmissions and ephemeral recordings. Defines noncommercial webcasters as webcasters who: (1) are exempt from taxation; (2) have applied for tax exemption and have a reasonable chance of obtaining it; or (3) are operated by a public body. Declares that all payments to be made by noncommercial webcasters under Federal copyright law for the digital performance of sound recordings and the making of ephemeral phonorecords during the period from October 28, 1998, to May 31, 2003, which have not already been paid, shall not be due until June 20, 2003.Allows a receiving agent (an agent designated by the Librarian of Congress to collect certain royalty payments that ultimately are given to copyright owners and performers) to delay the obligation of any one or more small commercial webcasters to make certain payments relating to sound recordings or ephemeral recordings for a period of time to allow negotiations to occur under this Act, except that any such period shall end no later than December 15, 2002.(Sec. 4) Authorizes a receiving agent to enter into agreements for the reproduction and performance of sound recordings by one or more small commercial webcasters or noncommercial webcasters during the period from October 28, 1998, to December 31, 2004. Declares that, once published in the Federal Register, such an agreement shall be binding on all copyright owners of sound recordings and other persons entitled to payment, in lieu of any determination by a copyright arbitration royalty panel or decision by the Librarian of Congress. Declares that any such agreement shall include provisions for payment of royalties on the basis of a percentage of revenue or expenses, or both, and a minimum fee. Permits other terms and conditions also to be included in such an agreement.Prohibits any such agreement or any of its provisions from being admissible as evidence or otherwise taken into account in any administrative, judicial, or government proceedings involving the setting or adjustment of royalties and related matters, including establishment of notice or recordkeeping requirements.Expresses the intent of Congress that any royalty rates, rate structure, definitions, terms, conditions, or notice and recordkeeping requirements included in such agreements shall be viewed as a unique compromise rather than as matters that would have been negotiated in the marketplace between a willing buyer and a willing seller.States that nothing in this Act or any agreement made under it shall be taken into account by the United States Court of Appeals for the District of Columbia Circuit in its review of the determination by the Librarian of Congress of July 8, 2002, of rates and terms for the digital performance of sound recordings and ephemeral recordings. Declares that the authority to make settlements under this Act shall expire on December 15, 2002, except that such authority for noncommercial webcasters shall expire on May 31, 2003.(Sec. 5) Authorizes a nonprofit agent designated to distribute receipts from the licensing of certain transmissions to deduct from any of its receipts, prior to their distribution to an entitled person, the reasonable costs of such agent incurred after November 1, 1995, for certain duties. Includes among such duties: (1) the administration of the collection, distribution, and calculation of the royalties, as well as settlement of related disputes; and (2) the licensing and enforcement of rights with respect to the making of ephemeral recordings and performances subject to licensing under this Act and other specified Federal law.Allows any agent designated to distribute receipts from the licensing of certain transmissions to deduct the reasonable costs with respect to copyright owners and performers who have entered with such agent a contractual relationship that specifies that such costs may be deducted from such royalty receipts.Modifies requirements for payments to artists. Shifts responsibility for distributing licensing receipts from the copyright owner to the designated agent. Adds the requirement that 50 percent of the licensing receipts be paid to the copyright owner of the exclusive right under Federal law to publicly perform a sound recording by means of a digital audio transmission.(Sec. 6) Directs the Comptroller General to study and report to specified congressional committees on the economic arrangements among small commercial webcasters covered by agreements entered into under this Act, and third parties, and the effect of those arrangements on royalty fees payable on a percentage of revenue or expense basis. | {"src": "billsum_train", "title": "To amend title 17, United States Code, with respect to the statutory license for webcasting."} | 3,251 | 995 | 0.677618 | 2.496804 | 0.707229 | 5.499398 | 3.658243 | 0.938628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Region National Heritage Area
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the Oil Region of northwestern Pennsylvania--
(A) contains numerous sites and districts listed on
the National Register of Historic Places; and
(B) is designated by the Governor of Pennsylvania
as a State Heritage Park Area;
(2) the Oil Region--
(A) is a region with tremendous physical and
natural resources; and
(B) possesses a story of State, national, and
international significance;
(3) the drilling of the world's first successful oil well
by Colonel Edwin Drake in 1859 has affected the industrial,
natural, social, and political structures of the modern world;
(4) 6 national historic districts and 17 separate National
Register sites are located in Emlenton, Franklin, Oil City, and
Titusville, Pennsylvania, within the State Heritage Park
boundary;
(5) the Allegheny River, which was designated as a
component of the national wild and scenic rivers system in 1992
by Public Law 102-271 (16 U.S.C. 1274 note; 106 Stat. 108), and
several of the tributaries of the River, such as Oil Creek,
French Creek, and Sandy Creek, traverse, and connect several
major sites within, the Oil Region;
(6) the unspoiled rural character of the Oil Region
provides many natural and recreational resources, scenic
vistas, and excellent water quality for the public to enjoy;
(7) remnants of the oil industry that remain visible on the
landscape of the Oil Region, as well as historic valley
settlements, riverbed settlements, plateau developments,
farmland, and industrial landscapes, provide a direct link to
the past for visitors;
(8) the Oil Region represents a cross section of the
history of the United States as that history relates to--
(A) Native Americans;
(B) frontier settlements;
(C) the French and Indian War;
(D) African Americans and the Underground Railroad;
and
(E) the immigration of Swedish and Polish
individuals; and
(9) involvement by the Federal Government would enhance the
efforts of the State (including political subdivisions),
volunteer organizations, and private entities in promoting
cultural, historical, natural, recreational, and scenic
resources of the Oil Region.
(b) Purpose.--The purpose of this Act is to establish a cooperative
management framework to assist the State in conserving, enhancing, and
interpreting the significant features of the land, water, and
structures of the Oil Region in a manner that is consistent with
compatible economic development for the benefit and inspiration of
present and future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Compact.--The term ``compact'' means the compact
between the Secretary and the management entity described in
section 5.
(2) Heritage area.--The term ``Heritage Area'' means the
Oil Region National Heritage Area established by section 4(a).
(3) Management entity.--The term ``management entity''
means the Oil Heritage Region, Inc. (or a successor entity).
(4) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 7.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
(6) State.--The term ``State'' means the State of
Pennsylvania.
SEC. 4. OIL REGION NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Oil Region National
Heritage Area in the State.
(b) Boundaries.--
(1) In general.--The boundaries of the Heritage Area shall
be the boundaries of the land depicted on the map entitled
``Oil Region National Heritage Area'', numbered OIRE/20,000,
and dated October, 2000.
(2) Availability of map.--The map described in paragraph
(1) shall be on file in the appropriate offices of the
Secretary.
(3) Publication.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a detailed description and map of the
boundaries established under this subsection.
SEC. 5. COMPACT.
(a) In General.--The Secretary shall enter into a compact with the
management entity to carry out this Act.
(b) Components.--The compact shall include--
(1) information relating to the objectives and management
of the Heritage Area; and
(2) a description of the goals and objectives of the
Heritage Area that includes--
(A) an explanation of the proposed approach to
conservation and interpretation; and
(B) a general outline of the protection measures on
which the Secretary and management entity agree.
SEC. 6. DUTIES OF MANAGEMENT ENTITY.
(a) In General.--The management entity shall--
(1) develop a management plan for the Heritage Area in
accordance with section 7;
(2) give priority to implementing actions described in the
compact and management plan;
(3) assist units of government, regional planning
organizations, and nonprofit organizations in--
(A) establishing and maintaining interpretive
exhibits in the Heritage Area;
(B) developing recreational resources in the
Heritage Area;
(C) increasing public awareness of and appreciation
for the natural, historical, and architectural
resources and sites in the Heritage Area;
(D) restoring any historic buildings relating to
the themes of the Heritage Area;
(E) ensuring that clear, consistent, and
environmentally appropriate signs identifying access
points and sites of interest are installed at
appropriate locations throughout the Heritage Area; and
(F) carrying out other actions in furtherance of
the purposes of this Act, as determined to be
appropriate by the management entity;
(4) encourage, using appropriate means, economic viability
in the Heritage Area in accordance with the goals of the
management plan;
(5) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area; and
(6) with respect to any year for which Federal funds have
been provided to implement the management plan under subsection
(b)--
(A) conduct public meetings at least annually
regarding the implementation of the management plan;
(B) submit to the Secretary an annual report that,
for the year for which the report is submitted--
(i) describes accomplishments, expenses,
and income of the management entity; and
(ii) identifies each person that received a
grant from the management entity; and
(C) require, with respect to each agreement entered
into by the management entity that authorizes the
expenditure of Federal funds by any other person, that
the person making the expenditure make available to the
management entity for audit all records pertaining to
the expenditure of those funds.
(b) Use of Funds.--
(1) In general.--The management entity may use funds made
available under this Act--
(A) to prepare, update, and implement the
management plan; and
(B) to carry out related activities such as--
(i) making grants to, and entering into
cooperative agreements with, States (including
political subdivisions), private organizations,
or other persons;
(ii) hiring and compensating staff; and
(iii) carrying out initiatives that advance
the purposes of the Heritage Area.
(2) Prohibition on the acquisition of real property.--The
management entity shall not use any funds made available under
this Act to acquire real property or an interest in real
property.
SEC. 7. MANAGEMENT PLAN.
(a) In General.--The management plan shall--
(1) present comprehensive strategies and recommendations
for conservation, funding, management, and development of the
Heritage Area;
(2)(A) take into consideration State, county, and local
plans in effect as of the date of enactment of this Act; and
(B) involve residents, public agencies, and private
organizations working in the Heritage Area;
(3) include a description of actions that units of
government and private organizations have agreed to take to
protect the resources of the Heritage Area;
(4) specify any existing and potential sources of funding
to protect, manage, and develop the Heritage Area;
(5) include an inventory of the resources contained in the
Heritage Area (including a list of any property in the Heritage
Area) that--
(A) are related to the themes of the Heritage Area;
and
(B) should be preserved, restored, managed,
developed, or maintained because of cultural,
historical, natural, recreational, or scenic
significance;
(6) recommend policies for resource management that take
into consideration, and include, as appropriate, the
application of land and water management techniques (including
the development of intergovernmental and interagency
cooperative agreements) to protect, in a manner compatible with
the support of economic viability, the cultural, historical,
natural, recreational, and scenic resources of the Heritage
Area;
(7) describe a program for implementation of the management
plan by the management entity, including--
(A) plans for restoration and construction; and
(B) any specific commitments for the first 5 years
of implementation that have been made by the management
entity or any other person;
(8) include an analysis of ways in which Federal, State,
and local programs (including the involvement of the National
Park Service) may best be coordinated to promote the purposes
of this Act;
(9) describe any revisions to the boundaries of the
Heritage Area that are--
(A) proposed by the management entity; and
(B) requested by the affected local government; and
(10) include an interpretation plan for the Heritage Area.
(b) Deadline for Submission.--As a condition of the receipt of
Federal assistance under this Act, not later than 2 years after the
date on which funds are made available to carry out this Act, the
management entity shall submit to the Secretary the management plan.
(c) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after the date on
which the Secretary receives the management plan from the
management entity under subsection (b), the Secretary, in
consultation with the Governor of the State, shall approve or
disapprove the management plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall take into consideration--
(A) the extent to which the management plan
adequately preserves and protects the economic
viability and the cultural, historical, natural,
recreational, and scenic resources of the Heritage
Area;
(B) the level of public participation in the
development of the management plan; and
(C) the extent to which the board of directors of
the management entity is representative of the local
government and a wide range of interested organizations
and citizens.
(d) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall--
(1) advise the management entity in writing of the reasons
for the disapproval; and
(2) make recommendations for revisions to the management
plan.
(e) Revision.--Not later than 90 days after the date on which the
Secretary receives a revised management plan from the management
entity, the Secretary shall approve or disapprove the revised
management plan.
(f) Approval of Changes.--
(1) In general.--The Secretary shall review and approve any
proposed amendment to the management plan that substantially
change the management plan, as determined by the Secretary.
(2) Funding.--Funds made available under this Act shall not
be expended to implement an amendment to the management plan
described in paragraph (1) until such date as the Secretary
approves the amendment.
(g) Effect of Inaction.--If the Secretary does not approve or
disapprove the management plan or a proposed amendment to the
management plan within the 90-day period described in subsection (c)(1)
or (e), respectively, the management plan or amendment to the
management plan shall be deemed to have been approved by the Secretary.
SEC. 8. DUTIES OF SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, at the request of the
management entity and subject to the availability of
appropriations, provide reimbursable or nonreimbursable
technical and financial assistance to the management entity to
carry out this Act, including assistance in--
(A) updating and implementing the management plan;
and
(B) carrying out activities of the management
entity.
(2) Priority.--In providing assistance under paragraph (1),
the Secretary shall give priority to actions that assist in--
(A) the implementation of the management plan;
(B) the provision of educational assistance and
advice regarding land and water management techniques
to conserve the significant resources of the Heritage
Area;
(C) the development and application of techniques
to promote the preservation of any cultural and
historic properties within the Heritage Area;
(D) the preservation, restoration, and reuse of
publicly and privately owned historic buildings;
(E) the design and production of interpretive
materials based on the management plan, including--
(i) guide brochures;
(ii) visitor displays;
(iii) audio-visual and interactive
exhibits; and
(iv) educational curricula materials for
public education; and
(F) the implementation of initiatives prior to
approval of the management plan.
(b) Documentation of Structures.--The Secretary, in cooperation
with the Historic American Building Survey and the Historic American
Engineering Record, shall conduct studies necessary to document the
industrial, engineering, building, and architectural history of the
Heritage Area.
SEC. 9. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal agency that conducts or supports an activity that
directly affects the Heritage Area shall--
(1) consult with the Secretary and the management entity
with respect to the activity;
(2)(A) cooperate with the Secretary and the management
entity in carrying out this Act; and
(B) to the maximum extent practicable, coordinate the
activity of the Federal agency with the efforts of the
Secretary and the management entity; and
(3) to the maximum extent practicable, conduct or support
the activity of the Federal agency in such manner as the
Secretary and the management entity determine shall not have an
adverse effect on the Heritage Area.
SEC. 10. USE OF FEDERAL FUNDS FROM OTHER SOURCES.
Nothing in this Act affects the authority of the management entity
to use Federal funds made available under any other Act for the
purposes for which those funds are authorized.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act--
(1) $1,000,000 for any fiscal year; and
(2) a total of $10,000,000.
(b) Cost Sharing.--The Federal share of the cost of any activity
carried out under this Act shall not exceed 50 percent.
SEC. 12. TERMINATION OF EFFECTIVENESS.
The authority provided by this Act terminates effective on the date
that is 15 years after the date of enactment of this Act. | Oil Region National Heritage Area Act - Establishes the Oil Region National Heritage Area in Pennsylvania.Requires the Secretary of the Interior, acting through the Director of the National Park Service, to enter into a compact with the Oil Heritage Region, Inc. (the management entity for the Area) to carry out this Act.Bars the use of funds under this Act to acquire real property.Directs the Secretary, in cooperation with the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Area.Limits the Federal assistance match to 50 percent of any activity's total cost. | {"src": "billsum_train", "title": "A bill to establish the Oil Region National Heritage Area."} | 3,198 | 141 | 0.498017 | 1.513628 | 0.65781 | 5.015873 | 24.785714 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Fuel Cost Relief Act
of 2005''.
SEC. 2. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES,
FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by inserting after section 45M the following new
section:
``SEC. 45N. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND
FISHERMEN TO OFFSET HIGH FUEL COSTS.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
the excessive fuel cost credit determined under this section is an
amount equal to the excessive fuel cost paid or incurred by the
taxpayer during the taxable year for any creditable fuel used in any
trade or business of the taxpayer.
``(b) Excessive Fuel Cost.--For purposes of this section--
``(1) In general.--The term `excessive fuel cost' means,
with respect to any creditable fuel, the excess (if any) of--
``(A) the amount paid or incurred by the taxpayer
for such fuel, over
``(B) the adjusted base price for such fuel.
``(2) Adjusted base price.--
``(A) In general.--The term `adjusted base price'
means, with respect to any creditable fuel, the amount
determined by the Secretary to be the applicable Labor
Day 2004 price for such fuel adjusted for inflation.
``(B) Applicable price.--The applicable Labor Day
2004 price for any fuel is the average price for such
fuel for the region in which the taxpayer purchased
such fuel (as determined using data of the Energy
Information Agency of the Department of Energy).
``(C) Inflation adjustment.--The inflation
adjustment shall be determined under the principles of
section 1(f); except that, the Secretary shall use
estimates of the monthly Consumer Price Index (as
defined in such section) where possible to more closely
reflect current inflation.
``(c) Eligible Taxpayer.--For purposes of this section--
``(1) In general.--The term `eligible taxpayer' means any
person engaged in a trade or business if--
``(A) such trade or business is--
``(i) a farming business (as defined by
section 263A(e)(4), or
``(ii) commercial fishing (as defined in
section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1802)), or
``(B) such person is a small business.
``(2) Small business.--The term `small business' means a
corporation or partnership which meets the gross receipts test
of section 448(c) for the taxable year (or, in the case of a
sole proprietorship, which would meet such test if such
proprietorship were a corporation).
``(3) Creditable fuel.--The term `creditable fuel' means--
``(A) gasoline,
``(B) diesel fuel,
``(C) heating oil, and
``(D) natural gas.
``(d) Adjustment of Standard Mileage Rate.--An eligible taxpayer
may elect, in lieu of the credit under this section, a standard mileage
allowance under section 162 equal to 60 cents for each mile traveled
during the period described in subsection (e). The Secretary shall
modify the standard mileage rate under the preceding sentence to the
extent that 60 cents does not accurately reflect that value of the
credit under this section.
``(e) Application of Section.--This section shall apply to fuels
purchased during the 2-year period beginning on the date of the
enactment of this section.''.
(b) Credit to Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (23), by striking the period at the end of paragraph (24)
and inserting ``, plus'', and by adding at the end the following new
paragraph:
``(25) in the case of an eligible taxpayer (as defined in
section 45N(c)), the excessive fuel cost credit determined
under section 45N(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45M the following new
item:
``Sec. 45N. Temporary credit for small businesses, farmers, and
fishermen to offset high fuel costs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Small Business Fuel Cost Relief Act of 2005 - Amends the Internal Revenue Code to allow certain commercial farmers, fishermen, and small business owners a temporary two-year business tax credit for excessive fuel cost (i.e., for gasoline, diesel fuel, heating oil, and natural gas. Defines "excessive fuel cost" as the amount currently paid for fuel over the Labor Day 2004 price for such fuel, adjusted for inflation.
Allows taxpayers a standard automobile mileage allowance of 60 cents per mile in lieu of the tax credit provided by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a temporary credit against income tax to offset the high fuel costs of small businesses, farmers, and fishermen."} | 1,140 | 121 | 0.610335 | 1.434749 | 0.575345 | 2.285714 | 9.361905 | 0.857143 |
SECTION 1. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL
PRODUCTION.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business credits) is
amended by adding at the end the following new section:
``SEC. 45G. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS.
``(a) General Rule.--For purposes of section 38, the marginal well
production credit for any taxable year is an amount equal to the
product of--
``(1) the credit amount, and
``(2) the qualified crude oil production and the qualified
natural gas production which is attributable to the taxpayer.
``(b) Credit Amount.--For purposes of this section--
``(1) In general.--The credit amount is--
``(A) $3 per barrel of qualified crude oil
production, and
``(B) 50 cents per 1,000 cubic feet of qualified
natural gas production.
``(2) Reduction as oil and gas prices increase.--
``(A) In general.--The $3 and 50 cents amounts
under paragraph (1) shall each be reduced (but not
below zero) by an amount which bears the same ratio to
such amount (determined without regard to this
paragraph) as--
``(i) the excess (if any) of the applicable
reference price over $15 ($1.67 for qualified
natural gas production), bears to
``(ii) $3 ($0.33 for qualified natural gas
production).
The applicable reference price for a taxable year is
the reference price for the calendar year preceding the
calendar year in which the taxable year begins.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2003,
each of the dollar amounts contained in subparagraph
(A) shall be increased to an amount equal to such
dollar amount multiplied by the inflation adjustment
factor for such calendar year (determined under section
43(b)(3)(B) by substituting `2002' for `1990').
``(C) Reference price.--For purposes of this
paragraph, the term `reference price' means, with
respect to any calendar year--
``(i) in the case of qualified crude oil
production, the reference price determined
under section 29(d)(2)(C), and
``(ii) in the case of qualified natural gas
production, the Secretary's estimate of the
annual average wellhead price per 1,000 cubic
feet for all domestic natural gas.
``(c) Qualified Crude Oil and Natural Gas Production.--For purposes
of this section--
``(1) In general.--The terms `qualified crude oil
production' and `qualified natural gas production' mean
domestic crude oil or natural gas which is produced from a
marginal well.
``(2) Limitation on amount of production which may
qualify.--
``(A) In general.--Crude oil or natural gas
produced during any taxable year from any well shall
not be treated as qualified crude oil production or
qualified natural gas production to the extent
production from the well during the taxable year
exceeds 1,095 barrels or barrel equivalents.
``(B) Proportionate reductions.--
``(i) Short taxable years.--In the case of
a short taxable year, the limitations under
this paragraph shall be proportionately reduced
to reflect the ratio which the number of days
in such taxable year bears to 365.
``(ii) Wells not in production entire
year.--In the case of a well which is not
capable of production during each day of a
taxable year, the limitations under this
paragraph applicable to the well shall be
proportionately reduced to reflect the ratio
which the number of days of production bears to
the total number of days in the taxable year.
``(3) Definitions.--
``(A) Marginal well.--The term `marginal well'
means a domestic well--
``(i) the production from which during the
taxable year is treated as marginal production
under section 613A(c)(6), or
``(ii) which, during the taxable year--
``(I) has average daily production
of not more than 25 barrel equivalents,
and
``(II) produces water at a rate not
less than 95 percent of total well
effluent.
``(B) Crude oil, etc.--The terms `crude oil',
`natural gas', `domestic', and `barrel' have the
meanings given such terms by section 613A(e).
``(C) Barrel equivalent.--The term `barrel
equivalent' means, with respect to natural gas, a
conversion ratio of 6,000 cubic feet of natural gas to
1 barrel of crude oil.
``(d) Other Rules.--
``(1) Production attributable to the taxpayer.--In the case
of a marginal well in which there is more than one owner of
operating interests in the well and the crude oil or natural
gas production exceeds the limitation under subsection (c)(2),
qualifying crude oil production or qualifying natural gas
production attributable to the taxpayer shall be determined on
the basis of the ratio which taxpayer's revenue interest in the
production bears to the aggregate to the revenue interests of
all operating interest owners in the production.
``(2) Operating interest required.--Any credit under this
section may be claimed only on production which is attributable
to the holder of an operating interest.
``(3) Production from nonconventional sources excluded.--In
the case of production from a marginal well which is eligible
for the credit allowed under section 29 for the taxable year,
no credit shall be allowable under this section unless the
taxpayer elects not to claim credit under section 29 with
respect to the well.''.
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting'',
plus'', and by adding at the end of the following new paragraph:
``(16) the marginal oil and gas well production credit
determined under section 45G(a).''.
(c) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of such Code
(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 marginal oil and gas well
production credit.--
``(A) In general.--In the case of the marginal oil
and gas well production credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraphs (A) and (B)
thereof shall not apply, 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 marginal
oil and gas well production credit).
``(B) Marginal oil and gas well production
credit.--For purposes of this subsection, the term
`marginal oil and gas well production credit' means the
credit allowable under subsection (a) by reason of
section 45G(a).''.
(2) Conforming amendments.--
(A) Subclause (II) of section 38(c)(2)(A)(ii) of
such Code is amended by striking ``credit or'' and
inserting ``credit,'' and by striking ``credit)'' and
inserting ``credit, or the marginal oil and gas well
production credit)''.
(B) Subclause (II) of section 38(c)(3)(A)(ii) of
such Code is amended by inserting ``or the marginal oil
and gas well production credit)'' after ``employee
credit''.
(d) Carryback.--Subsection (a) of section 39 of such Code (relating
to carryback and carryforward of unused credits generally) is amended
by adding at the end the following new paragraph:
``(3) 10-year carryback for marginal oil and gas well
production credit.--In the case of the marginal oil and gas
well production credit--
``(A) this section shall be applied separately from
the business credit (other than the marginal oil and
gas well production credit),
``(B) paragraph (1) shall be applied by
substituting `10 taxable year' for `1 taxable year' in
subparagraph (A) thereof, and
``(C) paragraph (2) shall be applied--
``(i) by substituting `31 taxable years'
for `21 taxable years' in subparagraph (A)
thereof, and
``(ii) by substituting `30 taxable years'
for `20 taxable years' in subparagraph (B)
thereof.''.
(e) Coordination With Section 29.--Section 29(a) of such Code is
amended by striking ``There'' and inserting ``At the election of the
taxpayer, there.''
(f) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following item:
``Sec. 45G. Credit for producing oil and
gas from marginal wells.''.
(g) Effective Date.--The amendments made by this section shall
apply to production in taxable years beginning after December 31, 2002.
SEC. 2. EXTENSION OF CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL
SOURCE.
(a) In General.--Paragraph (2) of section 29(f) of the Internal
Revenue Code of 1986 (relating to application of section) is amended by
striking ``2003'' and inserting ``2008''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fuels sold after December 31, 2002. | Amends the Internal Revenue Code to establish a credit for producing oil and gas from marginal wells.Extends, by five years, the credit for producing fuel from a nonconventional source. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit for the production of oil and gas from domestic marginal wells and to extend the credit for alternative fuels."} | 2,310 | 46 | 0.506858 | 1.131562 | 0.309008 | 5.294118 | 60.735294 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tunnel Prevention Act of
2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Trafficking and smuggling organizations are intensifying
their efforts to enter the United States through tunnels and other
subterranean passages between Mexico and the United States.
(2) Border tunnels are most often used to transport narcotics
from Mexico to the United States, but can also be used to transport
people and other contraband.
(3) From Fiscal Year 1990 to Fiscal Year 2011, law enforcement
authorities discovered 149 cross-border tunnels along the border
between Mexico and the United States, 139 of which have been
discovered since Fiscal Year 2001. There has been a dramatic
increase in the number of cross-border tunnels discovered in
Arizona and California since Fiscal Year 2006, with 40 tunnels
discovered in California and 74 tunnels discovered in Arizona.
(4) Section 551 of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295) added a new section
to title 18, United States Code (18 U.S.C. 555), which--
(A) criminalizes the construction or financing of an
unauthorized tunnel or subterranean passage across an
international border into the United States; and
(B) prohibits any person from recklessly permitting others
to construct or use an unauthorized tunnel or subterranean
passage on the person's land.
(5) Any person convicted of using a tunnel or subterranean
passage to smuggle aliens, weapons, drugs, terrorists, or illegal
goods is subject to an enhanced sentence for the underlying
offense. Additional sentence enhancements would further deter
tunnel activities and increase prosecutorial options.
SEC. 3. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR FINANCE A BORDER
TUNNEL.
Section 555 of title 18, United States Code, is amended by adding
at the end the following:
``(d) Any person who attempts or conspires to commit any offense
under subsection (a) or subsection (c) of this section shall be subject
to the same penalties as those prescribed for the offense, the
commission of which was the object of the attempt or conspiracy.''.
SEC. 4. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC
COMMUNICATIONS.
Section 2516(1)(c) of title 18, United States Code, is amended by
inserting ``, section 555 (relating to construction or use of
international border tunnels)'' before the semicolon at the end.
SEC. 5. FORFEITURE.
Section 982(a)(2)(B) of title 18, United States Code, is amended by
inserting ``555,'' after ``545,''.
SEC. 6. MONEY LAUNDERING DESIGNATION.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting ``section 555 (relating to border tunnels),'' after
``section 554 (relating to smuggling goods from the United States),''.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) success in combating the construction and use of cross-
border tunnels requires cooperation between Federal, State, local,
and tribal officials and assistance from private land owners and
tenants across the border between Mexico and the United States;
(2) the Department of Homeland Security is currently engaging
in outreach efforts in California to certain landowners and tenants
along the border to educate them about cross-border tunnels and
seek their assistance in combating their construction; and
(3) the Department should continue its outreach efforts to both
private and governmental landowners and tenants in areas along the
border between Mexico and the United States with a high rate of
cross-border tunnels.
SEC. 8. REPORT.
(a) In General.--The Secretary of Homeland Security shall submit an
annual report to the congressional committees set forth in subsection
(b) that includes a description of--
(1) the cross-border tunnels along the border between Mexico
and the United States discovered during the preceding fiscal year;
and
(2) the needs of the Department of Homeland Security to
effectively prevent, investigate and prosecute border tunnel
construction along the border between Mexico and the United States.
(b) Congressional Committees.--The congressional committees set
forth in this subsection are--
(1) the Committee on Homeland Security and Governmental Affairs
of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Border Tunnel Prevention Act of 2012 - Amends the federal criminal code to: (1) subject anyone who attempts or conspires to construct or finance construction of an unauthorized tunnel or subterranean passage that crosses the international border between the United States and another country, or to use such a tunnel for smuggling, to the penalties prescribed for someone who commits such an offense; (2) make such a border tunnel offense a predicate offense for a money laundering violation and for authorization for interception of wire, oral, or electronic communications; and (3) provide for the criminal forfeiture of proceeds of such an offense and the seizure and forfeiture of merchandise introduced into the United States through such a tunnel.
Expresses the sense of Congress that the Department of Homeland Security (DHS) should continue outreach efforts to educate landowners and tenants in areas along the border between Mexico and the United States about cross-border tunnels and seek their assistance in combating tunnel construction.
Requires the Secretary of Homeland Security to submit an annual report describing: (1) cross-border tunnels along the U.S.-Mexico border discovered during the preceding fiscal year; and (2) the needs of DHS to effectively prevent, investigate, and prosecute construction of such tunnels. | {"src": "billsum_train", "title": "To reduce the trafficking of drugs and to prevent human smuggling across the Southwest Border by deterring the construction and use of border tunnels."} | 1,079 | 273 | 0.634176 | 2.020677 | 0.862578 | 3.153846 | 4.205128 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FBI Reform Commission Act of 2001''.
SEC. 2. CREATION OF THE FBI REVIEW COMMISSION.
(a) Establishment.--There is established the FBI Review Commission
(in this Act referred to as the ``Commission'').
(b) Mission Statement.--
(1) In general.--The mission of the Commission shall be to
conduct a thorough, independent, and comprehensive examination
of the Federal Bureau of Investigation (in this Act referred to
as the ``FBI'').
(2) Focus.--The Commission shall focus its examination on--
(A) systemic and structural aspects of the FBI;
(B) the FBI's relationship with other law
enforcement entities; and
(C) recommendations for improving the performance
of the FBI.
(c) Membership and Administrative Provisions.--
(1) Number and appointment.--The Commission shall be
composed of 12 members of whom--
(A) 2 members shall be appointed by the Majority
Leader of the Senate;
(B) 2 members shall be appointed by the Minority
Leader of the Senate;
(C) 2 members shall be appointed by the Speaker of
the House of Representatives;
(D) 2 members shall be appointed by the Minority
Leader of the House of Representatives; and
(E) 4 members shall be appointed by the President,
including 1 who shall serve as the Chair of the
Commission.
(2) Qualifications.--Members of the Commission shall be--
(A) chosen on the basis of expertise in law
enforcement and management, integrity, impartiality,
and good judgment; and
(B) individuals who are not, at the time appointed
to the Commission, elected or appointed officers or
employees of the Federal Government.
(3) Balance.--The Commission shall reflect, to the maximum
extent possible, fair and equitable representation of various
points of view with respect to the matters to be studied by the
Commission under subsection (d)(1).
(4) Terms of appointment.--
(A) Date.--Members of the Commission shall be
appointed not later than 30 days after the date of
enactment of this Act.
(B) Terms.--Each member of the Commission shall be
appointed for the life of the Commission.
(C) Vacancies.--A vacancy in the Commission shall
not affect its powers, but shall be filled in the same
manner as the original member was appointed.
(5) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chair.
(B) Initial meeting.--Not later than 30 days after
the date on which all of the members of the Commission
have been appointed, the Commission shall hold its
first meeting.
(C) Quorum.--A majority of the members of the
Commission shall constitute a quorum, but a lesser
number of members may hold meetings.
(d) Duties.--
(1) Study.--The Commission shall complete a thorough study
and review of--
(A) the methods used by the FBI to store and
securely maintain information, including--
(i) any methods of securing information
from theft and inadvertent release;
(ii) the efficacy of information systems
used to gather and maintain information; and
(iii) any practices and procedures
governing the classification and
declassification of information;
(B) the manner in which the FBI trains and monitors
personnel, including--
(i) any methods of ensuring compliance with
relevant laws, regulations, and FBI procedures;
(ii) any methods of holding FBI agents
accountable for wrongdoing;
(iii) the treatment of FBI agents and
employees who report wrongdoing in the FBI;
(iv) any training and monitoring regarding
the handling of information; and
(v) any training and monitoring regarding
the use of deadly force;
(C) the manner in which the FBI initiates,
organizes, coordinates, and conducts investigations;
(D) the allocation of the FBI's resources and the
manner in which resource allocation decisions are made
and reviewed;
(E) the FBI's interaction with State and other
Federal law enforcement agencies;
(F) the efficacy of external and internal FBI
oversight mechanisms;
(G) the advisability of altering the FBI's current
structure and organization; and
(H) such other matters as the Commission determines
appropriate.
(2) Recommendations.--After completing the study under
paragraph (1), the Commission shall develop recommendations
regarding each matter studied, including recommendations--
(A) of any actions Congress should take to address
the Commission's findings;
(B) of any actions the FBI should take to address
the Commission's findings; and
(C) for further study, examination, or action by
Congress, the FBI, or any other relevant entity.
(3) Advice, assistance, and testimony.--To carry out the
study under paragraph (1) and to develop the recommendations
under paragraph (2), the Commission shall solicit advice,
assistance, and experts in the areas of--
(A) information security;
(B) business management and organization;
(C) Federal law enforcement agencies;
(D) State and local law enforcement;
(E) foreign and domestic intelligence; and
(F) any other areas determined relevant by the
Commission.
(4) Report.--
(A) Final report.--
(i) In general.--Not later than 9 months
after the date on which all of the members of
the Commission have been appointed, the
Commission shall submit a final report to
Congress, the FBI, and the Attorney General.
(ii) Contents.--The report under clause (i)
shall contain--
(I) a detailed statement of the
findings and conclusions of the
Commission regarding the matters
studied under paragraph (1);
(II) a detailed statement of the
recommendations developed under
paragraph (2); and
(III) any dissenting or minority
opinions of the members of the
Commission.
(B) Interim reports.--
(i) In general.--The Commission may
determine whether any matter to be studied
under paragraph (1) or any recommendation
developed under paragraph (2), shall be the
subject of an interim report to be submitted
before the submission of the final report
required under subparagraph (A).
(ii) Submission of interim reports.--Any
interim reports prepared under clause (i) shall
be submitted to--
(I) Congress;
(II) the FBI;
(III) the Attorney General; and
(IV) any other individual or
organization determined relevant by the
Commission.
(C) Accessibility.--
(i) In general.--Both the final report
required under subparagraph (A) and any interim
reports prepared under subparagraph (B), shall
be accessible to members of the general public
and to government officials to the greatest
extent possible without compromising national
security, the health or safety of an
individual, or the integrity of an ongoing
investigation.
(ii) Confidentiality.--The Commission may
designate portions of any report prepared under
this paragraph confidential to ensure national
security, the health or safety of an
individual, or the integrity of an ongoing
investigation.
(e) Powers of the Commission.--
(1) Hearings.--
(A) In general.--The Commission may hold hearings,
sit and act at times and places, take testimony, and
receive evidence as the Commission considers
appropriate to carry out this Act.
(B) Oaths and affirmations.--The Commission may
administer oaths or affirmations to witnesses appearing
before it.
(C) Rules and procedures.--The Commission may
establish rules and procedures governing its
proceedings as consistent with this Act.
(D) Accessibility.--
(i) In general.--Any hearing held by the
Commission shall be open to the public.
(ii) Closed hearings.--The Commission may
decide to close to the public any hearing when
necessary to protect national security, the
health and safety of an individual, or the
integrity of an ongoing investigation.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action this Act authorizes the Commission to take.
(3) Information from federal agencies.--
(A) In general.--The Commission may secure directly
from any Federal department or agency such information
as the Commission considers necessary to carry out this Act.
(B) Furnishing information.--Upon request of the
Chair of the Commission, the head of that department or
agency shall furnish the information under subparagraph
(A) to the Commission, unless so doing would threaten
national security, the health or safety of an
individual, or the integrity of an ongoing
investigation.
(f) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
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.
(2) 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.
(3) Administrative support services.--Upon request of the
Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out its
responsibilities under this Act.
(4) Staff.--
(A) In general.--The Commission may, without regard
to the provisions of title 5, United States Code,
governing appointments in the competitive service,
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.
(B) Compensation.--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 title 5, United States Code.
(5) 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.
(6) Procurement of temporary and intermittent services.--
The Commission may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(g) Termination.--The Commission shall terminate 30 days after
submitting the final report required under subsection (d)(4)(A).
(h) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
such sums as may be necessary to carry out this Act.
(2) Appropriated funds to remain available.--Any funds
appropriated to carry out this Act shall remain available,
without fiscal year limitation, until expended. | FBI Reform Commission Act of 2001 - Establishes the FBI Review Commission to: (1) examine the systemic and structural aspects of the Federal Bureau of Investigation (FBI), as well as the FBI's relationship with other law enforcement entities; (2) make recommendations for improving the FBI's performance and (3) undertake related reviews and studies. | {"src": "billsum_train", "title": "A bill to establish a commission to review the Federal Bureau of Investigation."} | 2,455 | 68 | 0.624961 | 1.433436 | 0.907604 | 3.298507 | 34.985075 | 0.850746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security and Federal Lands
Protection Act''.
SEC. 2. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF U.S. CUSTOMS AND
BORDER PROTECTION RELATED TO BORDER SECURITY.
(a) Prohibition on Secretaries of the Interior and Agriculture.--
The Secretary of the Interior or the Secretary of Agriculture shall not
impede, prohibit, or restrict activities of U.S. Customs and Border
Protection on land under the jurisdiction of the Secretary of the
Interior or the Secretary of Agriculture to achieve operational control
(as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C.
1701 note; Public Law 109-367)) over the international land borders of
the United States.
(b) Authorized Activities of U.S. Customs and Border Protection.--
(1) Authorization.--U.S. Customs and Border Protection
shall have immediate access to land under the jurisdiction of
the Secretary of the Interior or the Secretary of Agriculture
for purposes of conducting the following activities on such
land that assist in securing the international land borders of
the United States:
(A) Construction and maintenance of roads.
(B) Construction and maintenance of fences.
(C) Use vehicles to patrol.
(D) Installation, maintenance, and operation of
surveillance equipment and sensors.
(E) Use of aircraft.
(F) Deployment of temporary tactical
infrastructure, including forward operating bases.
(c) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision of law
(including any termination date relating to the waiver referred
to in this subsection), the waiver by the Secretary of Homeland
Security on April 1, 2008, under section 102(c)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws
described in paragraph (2) with respect to certain sections of
the international border between the United States and Mexico
and between the United States and Canada shall be considered to
apply to all land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture within 100 miles
of the international land borders of the United States for the
activities of U.S. Customs and Border Protection described in
subsection (b).
(2) Description of laws waived.--The laws referred to in
paragraph (1) are 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.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the National Historic
Preservation Act (16 U.S.C. 470 et seq.), the Migratory Bird
Treaty Act (16 U.S.C. 703 et seq.), the Clean Air Act (42
U.S.C. 7401 et seq.), the Archaeological Resources Protection
Act of 1979 (16 U.S.C. 470aa et seq.), the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), the Noise Control Act of 1972 (42
U.S.C. 4901 et seq.), the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of
June 8, 1906 (commonly known as the ``Antiquities Act of
1906'') (16 U.S.C. 431 et seq.), the Act of August 21, 1935 (16
U.S.C. 461 et seq.), the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.), the Farmland Protection Policy Act (7 U.S.C.
4201 et seq.), the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.), the Wilderness Act (16 U.S.C. 1131 et
seq.), the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter
II of chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the ``Administrative Procedure Act''), the
Otay Mountain Wilderness Act of 1999 (Public Law 106-145, 113
Stat. 1711), sections 102(29) and 103 of California Desert
Protection Act of 1994 (16 U.S.C. 410aaa et seq.), the National
Park Service Organic Act (16 U.S.C. 1 et seq.), Public Law 91-
383 (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of
the National Parks and Recreation Act of 1978 (Public Law 95-
625, 92 Stat. 3467), the Arizona Desert Wilderness Act of 1990
(16 U.S.C. 1132 note; Public Law 101-628), section 10 of the
Act of March 3, 1899 (33 U.S.C. 403), the Act of June 8, 1940
(16 U.S.C. 668 et seq.), (25 U.S.C. 3001 et seq.), Public Law
95-341 (42 U.S.C. 1996), Public Law 103-141 (42 U.S.C. 2000bb
et seq.), the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.), the Multiple-Use
Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.), the
Mineral Leasing Act (30 U.S.C. 181, et seq.), the Materials Act
of 1947 (30 U.S.C. 601 et seq.), and the General Mining Act of
1872 (30 U.S.C. 22 note).
(d) Protection of Legal Uses.--This section shall not be construed
to provide--
(1) authority to restrict legal uses, such as grazing,
hunting, or mining, on land under the jurisdiction of the
Secretary of the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
SEC. 3. SUNSET.
This Act shall have no force or effect after the end of the 5-year
period beginning on the date of enactment of this Act. | National Security and Federal Lands Protection Act - Prohibits the Secretary of the Interior or the Secretary of Agriculture (USDA) from prohibiting or restricting activities on land under their respective jurisdictions by U.S. Customs and Border Protection to achieve operational control over the international land borders of the United States.
Grants U.S. Customs and Border Protection access to such lands to conduct the following activities: (1) construction and maintenance of roads and fences; (2) use of patrol vehicles and aircraft; (3) installation, maintenance, and operation of surveillance equipment and sensors; and (4) deployment of temporary tactical infrastructure, including forward operating bases. States that a waiver by the Secretary of Homeland Security (DHS) of specified laws regarding sections of the international border between the United States and Mexico and between the United States and Canada shall apply to all land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States with respect to U.S. Customs and Border Protection activities under this Act.
States that this Act shall not be construed to restrict legal use (grazing, hunting, or mining) on, or legal access to, land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture.
Terminates this Act five years after enactment. | {"src": "billsum_train", "title": "To prohibit the Secretaries of the Interior and Agriculture from taking action on public lands which impede border security on such lands, and for other purposes."} | 1,616 | 278 | 0.702715 | 1.964233 | 0.792291 | 4.86166 | 5.019763 | 0.932806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Capital Express Act of
2010''.
SEC. 2. WORKING CAPITAL EXPRESS PROGRAM.
(a) Program Established.--
(1) Working capital express program.--Section 7(a)(31) of
the Small Business Act (15 U.S.C. 636(a)(31)) is amended by
adding at the end the following:
``(G) Working capital express program in response
to economic crisis.--
``(i) Loan guarantees.--The Administrator
may guarantee loans for working capital under
the Express Loan Program made by lenders
designated in accordance with clause (iii)(I)
to small business concerns that have been in
business for not less than 2 years before the
date on which the small business concern
submits an application for a loan under this
subparagraph.
``(ii) Loan terms.--
``(I) Amount.--Notwithstanding
subparagraph (D), the Administrator may
guarantee a loan of not more than
$750,000 under this subparagraph.
``(II) Guarantee rate.--
Notwithstanding subparagraph (A)(iii),
the guarantee rate for a loan under
this subparagraph shall be 80 percent.
``(iii) Program safeguards.--
``(I) Eligibility.--The
Administrator shall, by rule, establish
criteria for the designation of lenders
that are eligible to make a loan
guaranteed under this subparagraph.
``(II) Underwriting standards.--The
Administrator shall, by rule, establish
underwriting standards for loans
guaranteed under this subparagraph, to
ensure that the Administrator may
guarantee new loans under this
subparagraph until December 1, 2011.
The standards established under this
subclause shall require the borrower to
submit income tax returns to provide
verification of business income.
``(III) Default and delinquency
rates.--The Administrator shall--
``(aa) by rule establish
maximum default and delinquency
rates permissible for loans
made under this subparagraph;
and
``(bb) suspend the
eligibility to make a loan
guaranteed under this
subparagraph of any lender that
has a default or delinquency
rate grater than the rate
established under item (aa).
``(IV) Penalties for fraud.--
Notwithstanding section 16, a lender
that knowingly makes a false statement
with respect to the income, assets, or
other qualifications of a small
business concern in connection with a
loan or application for a loan
guaranteed under this subparagraph
shall be fined not more than $500,000,
imprisoned for not more than 5 years,
or both.
``(iv) Authority of participating
lenders.--A lender designated in accordance
with clause (iii) shall have the same authority
with respect to the underwriting and
liquidation of a loan guaranteed under this
subparagraph as a lender participating in the
Certified Lenders Program under paragraph (19).
``(v) Payment of claims by the
administrator.--The Administrator shall pay a
claim by a lender on a guarantee of a loan by
the Administrator under this subparagraph,
unless the Administrator determines that--
``(I) the lender has committed
fraud with respect to the loan; or
``(II) there is a material error in
the loan origination, servicing, or
liquidation process.
``(vi) Total amount of loans.--Not more
than 20 percent of the total dollar amount of
all loans guaranteed under this subsection in
any fiscal year may be loan guarantees under
this subparagraph.
``(vii) Default rate.--The Administrator
shall calculate the default rate for loans
guaranteed under this subparagraph separately
from the default rate for any other loans made
or guaranteed by the Administration.
``(viii) Self-screening website.--The
Administrator shall establish a website to
allow the owners and operators of small
business concerns to assess their eligibility
to obtain loans guaranteed under this
subparagraph.''.
(2) Conforming amendment.--Section 7(a)(25)(B) of the Small
Business Act (15 U.S.C. 636(a)(25)(B)) is amended by inserting
``, and does not include loans under paragraph (31)(G)'' after
``by law''.
(b) Prospective Repeal.--
(1) In general.--Effective December 1, 2011, section 7(a)
of the Small Business Act (15 U.S.C. 636(a)) is amended--
(A) in paragraph (25)(B), by striking ``, and does
not include loans under paragraph (31)(G)''; and
(B) in paragraph (31), by striking subparagraph
(G).
(2) Penalties.--Notwithstanding paragraph (1), subclause
(IV) of section 7(a)(31)(G)(iii) of the Small Business Act, as
added by this Act, shall continue to apply on and after
December 1, 2011, to loans guaranteed under section 7(a)(31)(G)
of the Small Business Act. | Working Capital Express Act of 2010 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee loans for working capital made by lenders under the SBA's Express Loan Program to small businesses in operation for at least two years. Provides loan terms, including a guarantee limit of $750,000 for each small business.
Directs the Administrator to: (1) establish maximum default and delinquency rates for such loans; and (2) suspend the eligibility to make such loans in the case of any lender with a default or delinquency rate in excess of such rates. | {"src": "billsum_train", "title": "A bill to establish a temporary Working Capital Express loan guarantee program for small business concerns, and for other purposes."} | 1,148 | 129 | 0.631841 | 1.71397 | 0.661475 | 2.043478 | 8.46087 | 0.826087 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethanol Modernization and Deficit
Reduction Act''.
SEC. 2. TERMINATION OF ETHANOL TAX CREDITS.
(a) Excise Tax Credit and Direct Payments.--Sections 6426(b)(6) and
6427(e)(6)(A) of the Internal Revenue Code of 1986 are each amended by
striking ``December 31, 2011'' and inserting ``June 30, 2011''.
(b) Income Tax Credit.--Paragraph (1) of section 40(e) of such Code
is amended--
(1) by striking ``December 31, 2011'' in subparagraph (A)
and inserting ``June 30, 2011'', and
(2) by striking ``January 1, 2012'' in subparagraph (B) and
inserting ``July 1, 2011''.
(c) Effective Date.--The amendments made by this section shall
apply to any sale, use, or removal for any period after June 30, 2011.
SEC. 3. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) Extension.--Subsection (g) of section 30C of the Internal
Revenue Code of 1986 is amended by striking ``placed in service--'' and
all that follows and inserting ``placed in service after the earlier of
December 31, 2016, or the date on which the Secretary certifies that at
least 53,000 qualified alternative fuel refueling properties (other
than properties described in subsection (c)(2)(C)) have been placed in
service.''.
(b) Only Certain Ethanol Blends Eligible for Credit.--Subparagraph
(A) of section 30C(c)(2) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(A) Any fuel--
``(i) at least 85 percent of the volume of
which consists of one or more of the following:
natural gas, compressed natural gas, liquified
natural gas, liquefied petroleum gas, or
hydrogen, or
``(ii) at least 85 percent of the volume of
which consists of--
``(I) ethanol, or
``(II) ethanol and gasoline or one
or more of the fuels described in
clause (i), but only if at least 15
percent and not more than 85 percent of
the volume of such fuel consists of
ethanol.''.
(c) Credit for Dual-Use Refueling Property.--Subsection (e) of
section 30C of the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(6) Dual-use refueling property.--
``(A) In general.--In the case of any dual-use
refueling property, 100 percent of the cost of such
property shall be treated as qualified alternative fuel
refueling property if the taxpayer certifies, in such
time and manner as the Secretary shall prescribe, that
such property will be used in more than a de minimis
capacity for the purposes described in section
179A(d)(3)(A) (applied as specified in subsection
(c)(2)).
``(B) Recapture.--If at any time within 5 years
after the date of the certification under subparagraph
(A) the dual-use refueling property ceases to be used
as required under such subparagraph, 100 percent of the
cost of such property shall be subject to recapture
under paragraph (5).
``(C) Dual-use refueling property.--For purposes of
this paragraph, the term `dual-use refueling property'
means property that is both qualified alternative fuel
vehicle refueling property and property used--
``(i) to store or dispense fuels not
described in subsection (c)(2), or
``(ii) to store fuels described in
subsection (c)(2) for any purpose other than
delivery of such fuel into the fuel tank of a
motor vehicle.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after June 30, 2011.
SEC. 4. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT THROUGH 2014.
Subparagraph (H) of section 40(b)(6) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2013'' and inserting
``January 1, 2015''.
SEC. 5. EXTENSION OF SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC
BIOFUEL PLANT PROPERTY.
Subparagraph (D) of section 168(l)(2) of the Internal Revenue Code
of 1986 is amended by striking ``January 1, 2013'' and inserting
``January 1, 2015''.
SEC. 6. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE
CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.
(a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(I) is derived solely by, or
from, qualified feedstocks, and''.
(b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of
section 40(b) of the Internal Revenue Code of 1986, as amended by this
Act, is amended by redesignating subparagraphs (F) and (G) as
subparagraphs (H) and (I), respectively, and by inserting after
subparagraph (E) the following new subparagraphs:
``(F) Qualified feedstock.--For purposes of this
paragraph, the term `qualified feedstock' means--
``(i) any lignocellulosic or hemicellulosic
matter that is available on a renewable or
recurring basis, and
``(ii) any cultivated algae, cyanobacteria,
or lemna.
``(G) Special rules for algae.--In the case of fuel
which is derived by, or from, feedstock described in
subparagraph (F)(ii) and which is sold by the taxpayer
to another person for refining by such other person
into a fuel which meets the requirements of
subparagraph (E)(i)(II)--
``(i) such sale shall be treated as
described in subparagraph (C)(i),
``(ii) such fuel shall be treated as
meeting the requirements of subparagraph
(E)(i)(II) in the hands of such taxpayer, and
``(iii) except as provided in this
subparagraph, such fuel (and any fuel derived
from such fuel) shall not be taken into account
under subparagraph (C) with respect to the
taxpayer or any other person.''.
(c) Algae Treated as a Qualified Feedstock for Purposes of Bonus
Depreciation for Biofuel Plant Property.--
(1) In general.--Subparagraph (A) of section 168(l)(2) of
the Internal Revenue Code of 1986 is amended by striking
``solely to produce cellulosic biofuel'' and inserting ``solely
to produce second generation biofuel (as defined in section
40(b)(6)(E))''.
(2) Conforming amendments.--Subsection (l) of section 168
of such Code, as amended by this Act, is amended--
(A) by striking ``cellulosic biofuel'' each place
it appears in the text thereof and inserting ``second
generation biofuel'',
(B) by striking paragraph (3) and redesignating
paragraphs (4) through (8) as paragraphs (3) through
(7), respectively,
(C) by striking ``Cellulosic'' in the heading of
such subsection and inserting ``Second Generation'',
and
(D) by striking ``cellulosic'' in the heading of
paragraph (2) and inserting ``second generation''.
(d) Conforming Amendments.--
(1) Section 40 of the Internal Revenue Code of 1986, as
amended by this Act, is amended--
(A) by striking ``cellulosic biofuel'' each place
it appears in the text thereof and inserting ``second
generation biofuel'',
(B) by striking ``Cellulosic'' in the headings of
subsections (b)(6), (b)(6)(E), and (d)(3)(D) and
inserting ``Second generation'', and
(C) by striking ``cellulosic'' in the headings of
subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6),
and (e)(3) and inserting ``second generation''.
(2) Clause (ii) of section 40(b)(6)(E) of such Code is
amended by striking ``Such term shall not'' and inserting ``The
term `second generation biofuel' shall not''.
(3) Paragraph (1) of section 4101(a) of such Code is
amended by striking ``cellulosic biofuel'' and inserting
``second generation biofuel''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuels sold or
used after the date of the enactment of this Act.
(2) Application to bonus depreciation.--The amendments made
by subsection (c) shall apply to property placed in service
after the date of the enactment of this Act.
SEC. 7. BUDGETARY EFFECTS.
(a) PAYGO Scorecard.--The budgetary effects of this Act (and the
amendments made by this Act) shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecard.--The budgetary effects of this Act (and
the amendments made by this Act) shall not be recorded on any PAYGO
scorecard maintained for purposes of section 201 of S. Con. Res. 21
(110th Congress). | Ethanol Modernization and Deficit Reduction Act - Amends the Internal Revenue Code to advance the termination date of the income and excise tax credits for ethanol from December 31, 2011, to June 30, 2011; (2) extend the tax credit for alternative fuel vehicle refueling property expenditures and the cellulosic biofuel producer tax credit; (3) extend the bonus depreciation allowance for cellulosic biofuel plant property; and (4) revise the definition of cellulosic biofuel for purposes of the cellulosic biofuel producer tax credit.
Exempts the budgetary effects of this Act from PAYGO scorecard requirements under the Statutory Pay-As-You-Go Act of 2010. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to terminate the ethanol tax credits, and for other purposes."} | 2,368 | 162 | 0.51079 | 1.273484 | 0.685521 | 2.716667 | 15.833333 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biomass Thermal Utilization Act of
2017'' or the ``BTU Act of 2017''.
SEC. 2. RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT FOR BIOMASS FUEL
PROPERTY EXPENDITURES.
(a) Allowance of Credit.--Subsection (a) of section 25D of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``, and''; and
(3) by adding at the end the following new paragraph:
``(6) 30 percent of the qualified biomass fuel property
expenditures made by the taxpayer during such year.''.
(b) Qualified Biomass Fuel Property Expenditures.--Subsection (d)
of section 25D of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(6) Qualified biomass fuel property expenditure.--
``(A) In general.--The term `qualified biomass fuel
property expenditure' means an expenditure for
property--
``(i) which uses the burning of biomass
fuel to heat a dwelling unit located in the
United States and used as a residence by the
taxpayer, or to heat water for use in such a
dwelling unit, and
``(ii) which has a thermal efficiency
rating of at least 75 percent (measured by the
higher heating value of the fuel).
``(B) Biomass fuel.--For purposes of this section,
the term `biomass fuel' means any plant-derived fuel
available on a renewable or recurring basis, including
agricultural crops and trees, wood and wood waste and
residues, plants (including aquatic plants), grasses,
residues, and fibers. Such term includes densified
biomass fuels such as wood pellets.''.
(c) Application of Termination Date.--Subsection (h) of section 25D
of the Internal Revenue Code of 1986 is amended by striking ``and
qualified solar water heating property expenditures'' and inserting ``,
qualified solar water heating property expenditures, and qualified
biomass fuel property expenditures''.
(d) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred in taxable years beginning after
December 31, 2016.
SEC. 3. INVESTMENT TAX CREDIT FOR BIOMASS HEATING PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 is amended--
(1) at the end of clause (vi) by striking ``or'';
(2) at the end of clause (vii) by inserting ``or''; and
(3) by inserting after clause (vii) the following new
clause:
``(viii) open-loop biomass (within the
meaning of section 45(c)(3)) heating property,
including boilers or furnaces that operate at
thermal output efficiencies of not less than 65
percent (measured by the higher heating value
of the fuel) and that provide thermal energy in
the form of heat, hot water, or steam for space
heating, air conditioning, domestic hot water,
or industrial process heat,''.
(b) 30-Percent and 15-Percent Credits.--
(1) Energy percentage.--
(A) In general.--Subparagraph (A) of section
48(a)(2) of the Internal Revenue Code of 1986 is
amended by redesignating clause (ii) as clause (iii)
and by inserting after clause (i) the following new
clause:
``(ii) except as provided in clause (i)(V),
15 percent in the case of energy property
described in paragraph (3)(A)(viii), but only
with respect to property the construction of
which begins before January 1, 2022, and''.
(B) Conforming amendment.--Clause (iii) of section
48(a)(2)(A) of such Code, as so redesignated, is
amended by inserting ``or (ii)'' after ``clause (i)''.
(2) Increased credit for greater efficiency.--Clause (i) of
section 48(a)(2)(A) of such Code is amended by striking ``and''
at the end of subclause (III) and by inserting after subclause
(IV) the following new subclause:
``(V) energy property described in
paragraph (3)(A)(viii) which operates
at a thermal output efficiency of not
less than 80 percent (measured by the
higher heating value of the fuel), but
only with respect to property the
construction of which begins before
January 1, 2022,''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 2016, in taxable years ending after
such date, under rules similar to the rules of section 48(m) of the
Internal Revenue Code of 1986 (as in effect on the day before the date
of the enactment of the Revenue Reconciliation Act of 1990). | Biomass Thermal Utilization Act of 2017 or the BTU Act of 2017 This bill amends the Internal Revenue Code to include 30% of qualified biomass fuel property expenditures for property placed in service before 2022 in the residential energy efficient property tax credit. A "qualified biomass fuel property expenditure" is an expenditure for property which uses the burning of biomass fuel (a plant-derived fuel available on a renewable or recurring basis) to heat a dwelling used as a residence, or to heat water for use in such dwelling, and which has a thermal efficiency rating of at least 75%. The bill also allows: (1) a 15% energy tax credit until 2022 for investment in open-loop biomass heating property, including boilers or furnaces that operate at thermal output efficiencies of at least 65% and provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat; and (2) a 30% credit until 2022 for investment in such property that operates at a thermal output efficiency of at least 80%. | {"src": "billsum_train", "title": "Biomass Thermal Utilization Act of 2017"} | 1,152 | 231 | 0.639059 | 1.733226 | 0.833085 | 4.009479 | 4.805687 | 0.909953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection from Sexual Predators Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that.--
(1) rape and sexual assaults continue to be serious threats
to the safety of communities across America;
(2) sexual offenders are much more likely than any other
category of criminals to repeat their crimes again and again,
even after serving time in prison; and
(3) the average rape sentence is just 10\1/2\ years, and
the average time served is half of that, approximately 5 years.
(b) Sense of Congress.--It is the sense of Congress that--
(1) States should more seriously consider the relatively
high recidivism rate of sexual offenders when deciding whether
to plea bargain with a first-time sexual offender and whether
to grant parole to sexual offenders; and
(2) States should review their treatment and parole
supervision programs for sexual offenders to assure that these
programs are fulfilling their goals, and, if they are not,
these programs should be immediately replaced or abandoned.
SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES.
Section 2241 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Punishment for Sexual Predators.--(1) Whoever, in a
circumstance described in paragraph (2) of this subsection--
``(A) violates this section; or
``(B) engages in conduct, in or affecting interstate or
foreign commerce, that would be a violation of subsection (a),
(b), or (c) of this section, if the offense had occurred in the
special maritime and territorial jurisdiction of the United
States;
shall be imprisoned for life.
``(2) The circumstance referred to in paragraph (1) of this
subsection is that the defendant has previously been convicted of
another State or Federal offense for conduct which--
``(A) is an offense under this section or section 2242 of
this title; or
``(B) would have been an offense under either of such
sections if the offense had occurred in the special maritime or
territorial jurisdiction of the United States.''.
SEC. 4. REGISTRATION PROGRAM.
(a) In General.--
(1) State guidelines.--
(A) Generally.--The Attorney General shall
establish guidelines for State programs requiring--
(i) any person who is convicted of a sex
offense to register and keep up to date a
current address with a designated State law
enforcement agency for 10 years after release
from prison, or being placed on parole,
supervised release, or probation; and
(ii) each State to provide information
obtained about the registered person to the
Attorney General on a prompt and regular basis
and in a uniform format.
(B) Required content of guidelines.--Such
guidelines shall require the inclusion of such data
about--
(i) the registered person, including
fingerprints and photographs; and
(ii) that person's offenses and modus
operandi;
as the Attorney General deems useful for assisting law
enforcement investigations by Federal, State, and other
law enforcement authorities.
(2) Definition.--For purposes of this subsection, the term
``sex offense'' means any State or Federal offense that--
(A) is an offense under section 2241 or 2242 of
title 18, United States Code; or
(B) would have been an offense under either of such
sections if the offense had occurred in the special
maritime and territorial jurisdiction of the United
States.
(b) Availability of Information.--The Attorney General shall
maintain on-line availability of information obtained under this
section for use by authorized law enforcement agencies in carrying out
their functions. The Attorney General shall by rule provide for the
privacy of the information so maintained.
(c) Compliance.--
(1) Compliance date.--Each State shall have 3 years from
the date of the enactment of this Act in which to implement
this section.
(2) Ineligibility for funds.--The allocation of funds under
title I of the Omnibus Crime Control and Safe Streets Act of
1968 received by a State not complying with the guidelines
issued under this section 3 years after the date of enactment
of this Act may be reduced by 10 percent and the unallocated
funds shall be reallocated to the States in compliance with
this section.
SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS.
The National Institute of Justice, either directly or through
grant, shall carry out a study of persistent sexual predators. Not
later than one year after the date of the enactment of this Act, such
Institute shall report to Congress and the President the results of
such study. Such report shall include--
(1) a synthesis of current research in psychology,
sociology, law, criminal justice, and other fields regarding
persistent sexual offenders, including--
(A) common characteristics of such offenders;
(B) recidivism rates for such offenders;
(C) treatment techniques and their effectiveness;
(D) responses of offenders to treatment and
deterrence; and
(E) the possibility of early intervention to
prevent people from becoming sexual predators; and
(2) an agenda for future research in this area. | Protection from Sexual Predators Act of 1994 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with first-time sexual offenders and whether to grant parole to sexual offenders; and (2) review their treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals.
Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse (or engages in conduct in or affecting interstate or foreign commerce that would be a violation of such provisions if the offense had occurred in the special maritime and territorial jurisdiction of the United States) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) shall be imprisoned for life.
Directs the Attorney General to establish guidelines for State programs requiring: (1) any person who is convicted of a sex offense to register and keep up to date a current address with a designated State law enforcement agency (LEA) for ten years after being released from prison or placed on parole, supervised release, or probation; and (2) each State to provide information obtained about the registered person to the Attorney General on a prompt and regular basis and in a uniform format.
Requires the Attorney General to: (1) maintain on-line availability of information obtained under this Act for use by authorized LEAs in carrying out their functions; and (2) provide for the privacy of such information.
Directs each State to implement the registration provisions within three years. Makes States not in compliance after such time subject to a reduction of funds under title I (drug control and system improvement grants) of the Omnibus Crime Control and Safe Streets Act of 1968.
Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President. | {"src": "billsum_train", "title": "Protection from Sexual Predators Act of 1994"} | 1,170 | 424 | 0.621674 | 2.120207 | 0.781835 | 4.282383 | 2.803109 | 0.919689 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Health Care Options Act of
2015''.
SEC. 2. INCREASING STATE FLEXIBILITY THROUGH PROVISION OF HEALTH-FLEX
AND EXCHANGE WAIVERS.
(a) State Options.--
(1) In general.--The Patient Protection and Affordable Care
Act is amended by inserting after section 1332 (42 U.S.C.
18052) the following:
``SEC. 1332A. OPTIONS FOR STATE FLEXIBILITY.
``(a) State Options.--
``(1) In general.--If a State provides to the Secretary a
notice (in this section referred to as a `waiver notice') of
intent to implement a health-flex waiver (described in
subsection (b)(1)), an exchange waiver (described in subsection
(b)(2)), or both, and such notice complies with paragraph (2),
the waiver shall be deemed to be approved and effective, except
as provided in paragraphs (5) and (6).
``(2) Contents of a waiver notice.--A waiver notice with
respect to a State shall include the following:
``(A) The years for which the waiver shall be
effective (which may be indefinite).
``(B) An assurance that the State will comply with
annual reporting requirements established by the
Secretary relating to the activities of the State under
the waiver, which reporting requirements shall include
information on affordability, access, and transparency.
``(C) In the case of a health-flex waiver--
``(i) the requirements to be waived;
``(ii) an assurance that there will be
available throughout the State one or more
health plans that provide the catastrophic
level of coverage described in subsection
(c)(1)(B)(i) for which an enrollee's required
contribution (as defined in section
5000A(e)(1)(B) of the Internal Revenue Code of
1986, determined on an annual basis) does not
exceed 6.5 percent of the median household
income (as defined in section 36B(d)(2)(A) of
such Code) of residents of the State for the
most recent taxable year for which information
on such median household income is available to
the Secretary; and
``(iii) an assurance that the certifying
entity (as defined in subsection (c)(2)) has a
process to certify health plans as permissible
health plans consistent with subsection (c).
``(D) In the case of an exchange waiver, assurances
that the State--
``(i) will be responsible for functions
that are necessary to carry out the waiver that
would otherwise be performed by an Exchange;
``(ii) will comply with subsection (d);
``(iii) has the capability to receive from
the Secretary subsidy eligibility information;
and
``(iv) has and is applying standards for
privacy, security, and data encryption for
subsidy eligibility information that are
determined to be satisfactory by the Secretary.
``(3) Effectiveness.--A waiver under this section shall be
effective for the years described in the waiver notice under
paragraph (2)(A), except that no waiver under this section
shall be effective for a year unless the waiver notice for such
waiver was submitted before November 1 of the previous year.
``(4) Modification or termination.--A State may modify or
terminate a waiver for the State under this section by
submitting to the Secretary a subsequent waiver notice with
respect to such waiver.
``(5) Disapproval authority.--If the Secretary determines
that a waiver notice fails to comply with paragraph (2) and
notifies the State of the reason for such determination not
later than 30 days after the date on which the State submits
the waiver notice, such waiver notice shall not be effective.
``(6) Revocation.--If the Secretary determines that a State
is in violation of an assurance submitted under paragraph (2)
and notifies the State of the reason for such determination,
the Secretary may revoke the waiver. Such revocation shall be
effective on the first day of the first year that begins after
the 60-day period that begins on the date on which notification
of the revocation occurs.
``(7) Construction.--Nothing in this section shall be
construed as requiring a State to enact a law in order to carry
out the provisions of this section.
``(b) Waivers.--
``(1) Health-flex waiver.--A waiver under this paragraph
(in this section referred to as a `health-flex waiver'), with
respect to a State, is a waiver of any of the requirements in
sections 1301 through 1303.
``(2) Exchange waiver.--A waiver under this paragraph (in
this section referred to as an `exchange waiver') permits a
State to elect to be responsible for certain Exchange
functions, including serving as the certifying entity for the
purposes of subsection (c).
``(3) No waiver of adult child coverage and preexisting
conditions.--Nothing in this subsection may be construed to
permit a State to waive the following:
``(A) Prohibition of preexisting condition
exclusion.--Section 2704 of the Public Health Service
Act (42 U.S.C. 300gg-3).
``(B) Extension of coverage for adult children.--
Section 2714 of the Public Health Service Act (42
U.S.C. 300gg-14).
``(c) Certifying Permissible Health Plans.--
``(1) Permissible health plan defined.--For the purposes of
this section, the term `permissible health plan' means, with
respect to a State, a health plan that is offered for sale in
the individual or small group market in the State and that is
certified by a certifying entity to meet the following
requirements:
``(A) Benefits.--The plan provides benefits for
items and services within each of the following
categories:
``(i) Ambulatory patient services.
``(ii) Emergency services.
``(iii) Hospitalization.
``(iv) Physician services.
``(B) Levels of coverage.--The plan provides a
level of coverage that complies with one of the
following levels of coverage (as established by the
State):
``(i) Catastrophic.
``(ii) Standard.
``(iii) High.
``(C) Transparency justifying premiums.--The issuer
of the plan makes available to the public information
about the demographics of the population enrolled under
the plan, the utilization of health care items and
services by such population under the plan, and other
factors that serve as a justification for the premium
levels (including any premium increases) under the
plan.
``(D) Information requirement.--The issuer of the
plan submits information as required under section
36B(g)(3)(C) of the Internal Revenue Code of 1986.
``(2) Certifying entity defined.--In this section, the term
`certifying entity' means--
``(A) in the case of a health plan that is offered
through an Exchange established by a State, such
Exchange; and
``(B) in the case of a health plan that is not so
offered, the State in which such plan is offered.
``(3) Effect of certifying permissible health plans.--With
respect to eligibility for premium assistance tax credits and
reduced cost-sharing for individuals enrolled in permissible
health plans, see section 36B(g) of the Internal Revenue Code
of 1986 and section 1402(f)(4) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18071), respectively.
``(d) Determining Subsidy Eligibility.--
``(1) In general.--In the case of a State that has in
effect an exchange waiver, the State shall determine the
eligibility of individuals residing in the State for the
assistance described in subparagraphs (A) and (B) of paragraph
(3).
``(2) Disclosure of federal information.--In the case of a
State that has in effect an exchange waiver, the Secretary or
the Secretary of the Treasury, as appropriate, shall make
subsidy eligibility information available to the State, but
only the minimum amount of information necessary to enable the
State to determine the amount of the assistance described in
subparagraphs (A) and (B) of paragraph (3) for which the
individual enrolled in a permissible health plan is eligible.
``(3) Subsidy eligibility information defined.--In this
subsection, the term `subsidy eligibility information' means
information concerning the eligibility of an enrollee or a
prospective enrollee in a health plan for--
``(A) a premium assistance credit under section
36B(a) of the Internal Revenue Code of 1986; and
``(B) reduced cost-sharing under section 1402.''.
(2) Reporting requirements.--The Secretary shall establish
annual reporting requirements under 1332A(a)(2)(B) of the
Patient Protection and Affordable Care Act that include
information on affordability, access, and transparency.
(3) Conforming amendment.--The table of contents of the
Patient Protection and Affordable Care Act is amended by
inserting after the item relating to section 1332 the
following:
``Sec. 1332A. Options for State flexibility.''.
(b) Subsidies for Individuals Enrolled in Permissible Health
Plans.--
(1) Premium assistance tax credits.--Section 36B of the
Internal Revenue Code of 1986 is amended--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the
following:
``(g) Special Rules in Case of Waivers Under Section 1332A of
PPACA.--
``(1) Limiting eligibility to taxpayers with income at or
below 300 percent of fpl.--In the case of a section 1332A
State, subsection (c)(1)(A) shall be applied by substituting
`300 percent' for `400 percent' for a taxpayer who obtains
coverage through a plan issued under the law of such State for
a year.
``(2) Permissible health plans.--In the case of a taxpayer
who obtains coverage with respect to a section 1332A State, for
a coverage month, a permissible health plan, as defined in
section 1332A(c)(1) of the Patient Protection and Affordable
Care Act, shall be treated as a qualified health plan with
respect to such taxpayer.
``(3) Adjusted monthly premium.--In the case of a State
that has in effect a health-flex waiver described in section
1332A(b)(1) of such Act, subsection (b)(3)(C) shall be applied
as if the adjusted monthly premium calculated under such
subsection were multiplied by the ratio of the full actuarial
value of the benefits provided under the plan being offered to
the full actuarial value of essential health benefits.
``(4) Eliminating certain requirements in the case of an
exchange waiver.--In the case of a State that has in effect an
exchange waiver described in section 1332A(b)(2) of such Act
for a coverage month, the following shall apply:
``(A) Eliminating exchange references.--Subsections
(b)(2)(A), (c)(2)(A)(i), (d)(3)(B), and (e)(3) shall be
applied by treating the permissible health plan as if
it were offered through an Exchange.
``(B) Applicable second lowest cost silver plan.--
Subsection (b)(3)(B) shall be applied by substituting--
``(i) `qualified health plan for which, if
the adjusted monthly premium, taking into
account subsection (g)(3), were multiplied by
the ratio of 70 percent to the level of
coverage expressed as a percent of the full
actuarial value of the benefits provided under
the plan, the product of such multiplication
would be the second lowest such product for any
plan offered in' for `second lowest cost silver
plan of', and
``(ii) `is offered in such rating area' for
`is offered through the same Exchange through
which the qualified health plans taken into
account under paragraph (2)(A) were offered'.
``(C) Information requirement.--In the case of a
permissible health plan which is not offered through an
Exchange, such plan shall provide to the Secretary and
to the individual enrolled in the plan the information
described in subsection (f)(3) with respect to such
plan and such individual.
``(5) Special rule for part-time resident taxpayers with
income above 300 percent of fpl.--In the case of a taxpayer
who, during a taxable year, obtains coverage with respect to a
1332A State and with respect to a State which is not a 1332A
State, paragraph (1) shall not apply and the premium assistance
amount (otherwise determined under subsection (b)(2)) for such
taxpayer for a coverage month shall be 0 if--
``(A) the household income of the taxpayer for the
taxable year equals or exceeds 300 percent of an amount
equal to the poverty line for a family of the size
involved, and
``(B) the taxpayer receives coverage with respect
to a section 1332A State for such coverage month.
``(6) Section 1332a state defined.--For purposes of this
subsection, the term `section 1332A State' means a State has in
effect a waiver under section 1332A of the Patient Protection
and Affordable Care Act.''.
(2) Reduced cost-sharing.--Section 1402(f) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18071(f)) is
amended by adding at the end the following:
``(4) 1332A waivers.--If a State has in effect a waiver
under 1332A, the following shall apply with respect to a
coverage month with respect to individuals residing in the
State on the first of the month:
``(A) Eliminating reduced cost-sharing for
individuals with income above 300 percent of fpl.--No
individual whose household income exceeds 300 percent
of the poverty line for a family of the size involved
may be considered an eligible insured under this
section.
``(B) Permissible health plans.--For the purposes
of this section, a permissible health plan, as defined
in section 1332A(c)(A), shall be treated as a qualified
health plan.
``(C) Exchange waiver.--If a State has in effect an
exchange waiver described in section 1332A(b)(2),
subsections (b)(1), (d)(1), and (e)(3) shall apply as
if there were no references to an Exchange.''.
(c) Acceleration of Innovation Waivers.--Section 1332(a)(1) of the
Patient Protection and Affordable Care Act (42 U.S.C. 18052) is
amended, in the matter preceding subparagraph (A), by striking
``January 1, 2017'' and inserting ``the date of the enactment of the
State Health Care Options Act of 2015''. | State Health Care Options Act of 2015 This bill amends the Patient Protection and Affordable Care Act (PPACA) and the Internal Revenue Code to modify the process for state innovation waivers. (Under current law, the Department of Health and Human Services [HHS] and the Department of the Treasury may approve a state's request to waive specific provisions of PPACA if the state proposal provides health care access that is comparable to what would exist without a waiver and does not increase the federal deficit.) The bill expedites the approval process for: a health-flex waiver from requirements for qualified health plans and essential health benefits; and an exchange waiver to assume responsibility for certain functions of the exchanges, including the certification of permissible health plans. If a state submits to HHS a notice of its intent to implement one or both of the waivers, the waivers shall be deemed to be approved and effective. The notice must include the years for which the waiver shall be effective (which may be indefinite), an assurance the state will comply with reporting requirements, and other specified details. A state may not waive PPACA requirements related to coverage for preexisting conditions and the extension of coverage for adult children. States with exchange waivers may certify permissible health plans that residents may purchase outside of an exchange, if the plans meet specified requirements regarding benefits, levels of coverage, transparency of premium justifications, and information. Taxpayers in waiver states that are living at or below 300% of the federal poverty level (400% under current law) may receive health insurance subsidies under PPACA. | {"src": "billsum_train", "title": "State Health Care Options Act of 2015"} | 3,417 | 338 | 0.622161 | 1.867857 | 0.667174 | 2.147541 | 9.793443 | 0.816393 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dust Off Crews of the Vietnam War
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a United States Army Dust Off crewman is a helicopter
crew member who served honorably in the Vietnam War aboard a
helicopter air ambulance under the radio call sign ``Dust
Off'';
(2) Dust Off crews performed aeromedical evacuation for
United States, Vietnamese, and allied forces inside South
Vietnam from May 1962 through March 1973;
(3) nearing the end of World War II, the United States Army
began using helicopters for medical evacuation and years later,
during the Korean War, these helicopter air ambulances were
responsible for transporting 17,700 United States casualties;
(4) during the Vietnam War, with the use of helicopter air
ambulances, United States Army Dust Off crews pioneered the
concept of dedicated and rapid medical evacuation and rescued
almost 900,000 United States, South Vietnamese, and other
allied sick and wounded, as well as wounded enemy forces;
(5) helicopters proved to be a revolutionary tool to assist
those injured on the battlefield;
(6) highly skilled and intrepid, Dust Off crews were able
to operate the helicopters and land them on almost any terrain
in nearly any weather to pick up wounded, after which the Dust
Off crews could provide care to these patients while
transporting them to ready medical facilities;
(7) the vital work of the Dust Off crews required
consistent combat exposure and often proved to be the
difference between life and death for wounded personnel;
(8) the revolutionary concept of a dedicated combat life-
saving system was cultivated and refined by United States Army
Dust Off crews during 11 years of intense conflict in and above
the jungles of South Vietnam;
(9) innovative and resourceful Dust Off crews in Vietnam
were responsible for taking the new concept of helicopter
medical evacuation, born just a few years earlier, and
revolutionizing it to meet and surpass the previously
unattainable goal of delivering a battlefield casualty to an
operating table within the vaunted ``golden hour'';
(10) some Dust Off units in Vietnam operated so efficiently
that they were able to deliver a patient to a waiting medical
facility on an average of 33 minutes from the receipt of the
mission, which saved the lives of countless personnel in
Vietnam, and this legacy continues for modern-day Dust Off
crews;
(11) the inherent danger of being a member of a Dust Off
crew in Vietnam meant that there was a 1 in 3 chance of being
wounded or killed;
(12) many battles during the Vietnam War raged at night,
and members of the Dust Off crews often found themselves
searching for a landing zone in complete darkness, in bad
weather, over mountainous terrain, and all while being the
target of intense enemy fire as they attempted to rescue the
wounded, which caused Dust Off crews to suffer a rate of
aircraft loss that was more than 3 times that of all other
types of combat helicopter missions in Vietnam;
(13) the 54th Medical Detachment typified the constant
heroism displayed by Dust Off crews in Vietnam, over the span
of a 10-month tour, with only 3 flyable helicopters and 40
soldiers in the unit, evacuating 21,435 patients in 8,644
missions while being airborne for 4,832 hours;
(14) collectively, the members of the 54th Medical
Detachment earned 78 awards for valor, including 1 Medal of
Honor, 1 Distinguished Service Cross, 14 Silver Star Medals, 26
Distinguished Flying Crosses, 2 Bronze Star Medals for valor, 4
Air Medals for valor, 4 Soldier's Medals, and 26 Purple Heart
Medals;
(15) the 54th Medical Detachment displayed heroism on a
daily basis and set the standard for all Dust Off crews in
Vietnam;
(16) 5 members of the 54th Medical Detachment are in the
Dust Off Hall of Fame, 3 are in the Army Aviation Hall of Fame,
and 1 is the only United States Army aviator in the National
Aviation Hall of Fame;
(17) Dust Off crew members are among the most highly
decorated soldiers in American military history;
(18) in early 1964, Major Charles L. Kelly was the
Commanding Officer of the 57th Medical Detachment (Helicopter
Ambulance), Provisional, in Soc Trang, South Vietnam;
(19) Major Kelly helped to forge the Dust Off call sign
into history as one of the most welcomed phrases to be heard
over the radio by wounded soldiers in perilous and dire
situations;
(20) in 1964, Major Kelly was killed in action as he
gallantly maneuvered his aircraft to save a wounded American
soldier and several Vietnamese soldiers and boldly replied,
after being warned to stay away from the landing zone due to
the ferocity of enemy fire, ``When I have your wounded.'';
(21) General William Westmoreland, Commander, Military
Assistance Command, Vietnam (1964-1968), singled out Major
Kelly as an example of ``the greatness of the human spirit''
and highlighted his famous reply as an inspiration to all in
combat;
(22) General Creighton Abrams, Westmoreland's successor
(1968-1972), and former Chief of Staff of the United States
Army, highlighted the heroism of Dust Off crews, ``A special
word about the Dust Offs . . . Courage above and beyond the
call of duty was sort of routine to them. It was a daily thing,
part of the way they lived. That's the great part, and it meant
so much to every last man who served there. Whether he ever got
hurt or not, he knew Dust Off was there.'';
(23) Dust Off crews possessed unique skills and traits that
made them highly successful in aeromedical evacuation in
Vietnam, including indomitable courage, extraordinary aviation
skill and sound judgment under fire, high-level medical
expertise, and an unequaled dedication to the preservation of
human life;
(24) members of the United States Armed Forces on the
ground in Vietnam had their confidence and battlefield prowess
reinforced knowing that there were heroic Dust Off crews just a
few minutes from the fight, which was instrumental to their
well-being, willingness to fight, and morale;
(25) military families in the United States knew that their
loved ones would receive the quickest and best possible care in
the event of a war-time injury, thanks to the Dust Off crews;
(26) the willingness of Dust Off crews to also risk their
lives to save helpless civilians left an immeasurably positive
impression on the people of Vietnam and exemplified the finest
American ideals of compassion and humanity; and
(27) Dust Off crews from the Vietnam War hailed from every
State in the United States and represented numerous ethnic,
religious, and cultural backgrounds.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a single gold medal of appropriate design in honor of the Dust Off
crews of the Vietnam War, collectively, in recognition of their heroic
military service, which saved countless lives and contributed directly
to the defense of our country.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury shall strike the gold
medal with suitable emblems, devices, and inscriptions, to be
determined by the Secretary, in consultation with the Secretary of
Defense.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the Dust Off Crews of the Vietnam War, the gold medal
shall be given to the Smithsonian Institution, where it will be
available for display as appropriate and available for
research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should also make the gold medal
awarded pursuant to this Act available for display elsewhere,
particularly at appropriate locations associated with the
Vietnam War, and that preference should be given to locations
affiliated with the Smithsonian Institution.
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. NATIONAL MEDALS.
The medal struck pursuant to this Act is a national medal for
purposes of chapter 51 of title 31, United States Code. | Dust Off Crews of the Vietnam War Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation of a Congressional Gold Medal in honor of the Dust Off crews (helicopter air ambulance crews) of the Vietnam War in recognition of their heroic military service. It is the sense of Congress that the Smithsonian Institution should also make such medal available for display elsewhere, particularly at appropriate locations associated with the Vietnam War, and that preference should be given to locations affiliated with the Smithsonian. | {"src": "billsum_train", "title": "Dust Off Crews of the Vietnam War Congressional Gold Medal Act"} | 1,908 | 128 | 0.459668 | 1.424767 | 0.583583 | 5.390909 | 16.3 | 0.972727 |
entitled ``Joint Resolution to establish the
Fort Sumter National Monument in the State of South Carolina'',
approved April 28, 1948 (62 Stat. 204, chapter 239; 16 U.S.C.
450ee), to commemorate historic events in the vicinity of Fort
Sumter, the site of the first engagement of the Civil War on
April 12, 1861;
(2) Fort Moultrie--
(A) was the site of the first defeat of the British
in the Revolutionary War on June 28, 1776; and
(B) was acquired by the Federal Government from the
State of South Carolina in 1960 under the authority of
the Act of August 21, 1935 (49 Stat. 666, chapter 593);
(3) since 1960, Fort Moultrie has been administered by the
National Park Service as part of the Fort Sumter National
Monument without a clear management mandate or established
boundary;
(4) Fort Sumter and Fort Moultrie played important roles in
the protection of Charleston Harbor and in the coastal defense
system of the United States;
(5) Fort Moultrie is the only site in the National Park
System that preserves the history of the United States coastal
defense system during the period from 1776 through 1947; and
(6) Sullivan's Island Life Saving Station, located adjacent
to the Charleston Light--
(A) was constructed in 1896; and
(B) is listed on the National Register of Historic
Places.
SEC. 3. DEFINITIONS.
In this Act:
(1) Charleston light.--The term ``Charleston Light'' means
the Charleston Light and any associated land and improvements
to the land that are located between Sullivan's Island Life
Saving Station and the mean low water mark.
(2) Map.--The term ``map'' means the map entitled
``Boundary Map, Fort Sumter and Fort Moultrie National
Historical Park'', numbered 392/80088, and dated November 30,
2000.
(3) Park.--The term ``Park'' means the Fort Sumter and Fort
Moultrie National Historical Park established by section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of South
Carolina.
SEC. 4. FORT SUMTER AND FORT MOULTRIE NATIONAL HISTORICAL PARK.
(a) Establishment.--There is established the Fort Sumter and Fort
Moultrie National Historical Park in the State as a unit of the
National Park System to preserve, maintain, and interpret the
nationally significant historical values and cultural resources
associated with Fort Sumter and Fort Moultrie.
(b) Boundary.--
(1) In general.--The boundary of the Park shall be
comprised of the land, water, and submerged land depicted on
the map.
(2) Availability of map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(c) Acquisitions.--
(1) Land.--
(A) In general.--Subject to subparagraph (B), the
Secretary may acquire any land or interest in land
(including improvements) located within the boundaries
of the Park by--
(i) donation;
(ii) purchase with appropriated or donated
funds;
(iii) exchange; or
(iv) transfer from another Federal agency.
(B) Limitation.--Any land or interest in land
(including improvements) located within the boundaries
of the Park that is owned by the State (including
political subdivisions of the State) shall be acquired
by donation only.
(2) Personal property.--The Secretary may acquire by
donation, purchase with appropriated or donated funds,
exchange, or transfer from another Federal agency, personal
property associated with, and appropriate for, interpretation
of the Park.
(d) Administration.--
(1) In general.--The Secretary, acting through the Director
of the National Park Service, shall administer the Park in
accordance with this Act and the laws generally applicable to
units of the National Park System, including--
(A) the Act of August 25, 1916 (16 U.S.C. 1 et
seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(2) Interpretation of historical events.--The Secretary
shall provide for the interpretation of historical events and
activities that occurred in the vicinity of Fort Sumter and
Fort Moultrie, including--
(A) the Battle of Sullivan's Island on June 28,
1776;
(B)(i) the bombardment of Fort Sumter by
Confederate forces on April 12, 1861; and
(ii) any other events of the Civil War that are
associated with Fort Sumter and Fort Moultrie;
(C) the development of the coastal defense system
of the United States during the period from the
Revolutionary War to World War II; and
(D) the lives of--
(i) the free and enslaved workers who built
and maintained Fort Sumter and Fort Moultrie;
(ii) the soldiers who defended the forts;
(iii) the prisoners held at the forts; and
(iv) captive Africans bound for slavery
who, after first landing in the United States,
were brought to quarantine houses in the
vicinity of Fort Moultrie in the 18th Century,
if the Secretary determines that the quarantine
houses and associated historical values are
nationally significant.
(e) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with public and private entities and individuals
to carry out this Act.
SEC. 5. CHARLESTON LIGHT.
(a) In General.--Subject to subsection (b), the Secretary of
Transportation shall transfer to the Secretary, for no consideration,
administrative jurisdiction over, and management of the Charleston
Light for inclusion in the Park.
(b) Condition.--Before transferring the Charleston Light under
subsection (a) the Secretary of Transportation shall repair, paint,
remove hazardous substances from, and improve the condition of the
Charleston Light in any other manner that the Secretary may require.
(c) Improvements.--The Secretary shall make improvements to the
Charleston Light only to the extent necessary to--
(1) provide utility service; and
(2) maintain the existing structures and historic
landscape.
SEC. 6. REPEAL OF EXISTING LAW.
Section 2 of the Joint Resolution entitled ``Joint Resolution to
establish the Fort Sumter National Monument in the State of South
Carolina'', approved April 28, 1948 (62 Stat. 204, chapter 239; 16
U.S.C. 450ee-1), is repealed.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Fort Sumter and Fort Moultrie National Historical Park Act of 2002 - Establishes Fort Sumter and Fort Moultrie National Historical Park in South Carolina as a unit of the National Park System to preserve, maintain, and interpret the nationally significant historical values and cultural resources associated with the forts. Authorizes the Secretary of the Interior to acquire lands within Park boundaries.Requires the Secretary of the Interior to provide for the interpretation of historical events and activities that occurred in the vicinity of Fort Sumter and Fort Moultrie, including: (1) the Battle of Sullivan's Island on June 28, 1776; (2) the bombardment of Fort Sumter by Confederate forces on April 12, 1861; (3) the development of the U.S. coastal defense system; and (4) the lives of the free and enslaved workers who built and maintained, the soldiers who defended, and the prisoners held at, the forts.Directs the Secretary of Transportation to: (1) repair, paint, remove hazardous substance from, and improve the condition of the Charleston Light; (2) make improvements to the Light only to the extent necessary to provide utility service and maintain the existing structures and historic landscape; and (3) transfer to the Secretary of the Interior administrative jurisdiction over and management of the Light for inclusion in the Park. | {"src": "billsum_train", "title": "A bill to establish Fort Sumter and Fort Moultrie National Historical Park in the State of South Carolina, and for other purposes."} | 1,485 | 278 | 0.685733 | 2.000544 | 0.874168 | 4.987952 | 5.393574 | 0.963855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Staffing Firm Worker Benefits Act of
1997''.
SEC. 2. CODIFICATION OF EMPLOYER STATUS OF QUALIFIED STAFFING FIRM FOR
EMPLOYMENT TAX PURPOSES.
(a) Income Tax Withholding.--Section 3401(d) of the Internal
Revenue Code is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period and inserting
``, and''; and
(3) by adding at the end the following:
``(3) notwithstanding any provision in this subtitle to the
contrary, in the case of a qualified staffing firm, described
in section 7701(a)(47), paying wages to an individual
performing services for a customer of such qualified staffing
firm, the term `employer' means such qualified staffing firm
(and not the customer).''.
(b) FICA Tax.--Section 3121 of the Internal Revenue Code is amended
by adding at the end the following:
``(z) Application to Qualified Staffing Firms.--In the case of a
qualified staffing firm, described in section 7701(a)(47), paying wages
to an individual performing services for a customer of such qualified
staffing firm, the term `employer' means such qualified staffing firm
(and not the customer), notwithstanding any provision in this subtitle
to the contrary.''.
(c) FUTA Tax.--Subsection (a) of section 3306 of the Internal
Revenue Code is amended by adding at the end the following: ``In the
case of a qualified staffing firm, described in section 7701(a)(47),
paying wages to an individual performing services for a customer of
such qualified staffing firm, the term `employer' means such qualified
staffing firm (and not the customer), notwithstanding any provision in
this subtitle to the contrary.''.
(d) Definition--Subsection (a) of section 7701 of the Internal
Revenue Code is amended by adding at the end the following paragraph--
``(47) Qualified Staffing Firm.--The term `qualified staffing firm'
means any person that is engaged in providing staffing services to a
customer pursuant to a service contract, and that with respect to a
worker performing services for the customer who is covered by the
contract--
``(A) Assumes responsibility for payment of wages to the
worker, without regard to the receipt or adequacy of payment
from the customer for such services,
``(B) Assumes responsibility for reporting, withholding,
and paying any applicable taxes under Chapters 21, 23, and 24,
with respect to the worker's wages, without regard to the
receipt of adequacy of payment from the customer for such
services,
``(C) Assumes responsibility for any worker benefits that
may be required by the service contract, without regard to the
receipt or adequacy of payment from the customer for such
services,
``(D) Assumes authority to hire, reassign, and dismiss the
worker and has the contractural right to exercise this
authority independent of the customer,
``(E) Maintains employee records relating to the worker,
and
``(F) Assumes responsibility for addressing the worker's
complaints, claims, filings, or requests relating to
employment, except as otherwise provided by applicable
collective bargaining agreements, if any, notwithstanding that
some or all of the actions described in this subparagraph may
be shared by the customer.''.
SEC. 3. CODIFICATION OF EMPLOYER STATUS OF QUALIFIED STAFFING FIRM FOR
PURPOSES OF PROVIDING EMPLOYEE BENEFITS.
Paragraph (20) of section 7701(a) of the Internal Revenue Code is
amended--
(1) by redesignating the text of such paragraph as
subparagraph (A);
(2) by adding the heading ``(A) Full-time life insurance
salesman.--'' at the start of new subparagraph (A); and
(3) by adding at the end of paragraph (20) the following:
``(B) Individual covered by qualified staffing firm
contract.--For the purpose of applying the provisions
of section 79 with respect to group-term insurance
purchased for employees, for the purpose of applying
the provisions of sections 104, 105, and 106 with
respect to accident and health insurance or accident
and health plans, for the purpose of applying the
provisions of this title with respect to contributions
to or under a trust which is a part of a plan described
in section 401(a) (other than a defined benefit plan),
or to or under a plan described in section 403(a)
(other than a defined benefit plan), including for this
purpose elective contributions under section 401(k) and
employee contributions and matching contributions under
section 401(m), with respect to a tax-exempt status of
a trust forming a part of such plan, and with respect
to the tax-exempt status of a trust forming a part of
such plan, and with respect to distributions under such
a plan, or by a trust forming part of such a plan, for
the purpose of applying section 125 with respect to
cafeteria plans, for the purpose of applying section
127 with respect to educational assistance programs,
for the purpose of applying section 129 with respect to
dependent care assistance programs, for the purpose of
applying the provisions of section 414(n), and for the
purpose of applying the provisions listed in section
414(n)(3), with respect to such other benefits, plans,
or programs as are described in section 414(n)(3), the
term `employee' shall include, with respect to a
qualified staffing firm, any individual whose employer
is considered to be the qualified staffing firm for the
purpose of Chapters 21, 23, and 24. For these purposes,
a change in the employment relationship between an
individual and a qualified staffing firm or between the
individual and a customer or former customer of the
qualified staffing firm, as the cause may be, whereby
the individual becomes or ceases to be an employee of
the qualified staffing firm under this subparagraph,
shall be treated as the termination of employment and
separation from service by the individual from the
employment or service of the qualified staffing firm's
customer or the qualified staffing firm, as the case
may be.''.
SEC. 4. COVERAGE OF LEASED EMPLOYEES IN EMPLOYMENT BENEFIT PLANS.
(a) Application of Requirements Concerning Cash or Deferred
Arrangements, Matching Contributions, and Employee Contributions to
Leased Employees.--Section 414(n)(3)(B) is amended by inserting
``401(k), 401(m)'' before ``408(k)''.
(b) Special Rules for Leasing Organization's Plan.--Section 414(n)
is amended--
(1) by renumbering paragraph (6) as paragraph (7); and
(2) by inserting the following as paragraph (6):
``(6) Leasing organization's plan.--
``(A) Elective disaggregation.--
``(i) General rule.--A leasing organization
that is a qualified staffing firm may elect,
for any year, to have a plan that it sponsors
and that is described in section 401(a) or
403(a) treated as maintained by more than one
employer for purposes of applying sections
410(b) and 401(a)(4). For these purposes, (I)
all the employees who perform services directly
for a recipient and related persons and who
would be treated as leased employees of the
recipient but for the requirements of paragraph
(2)(B), shall be treated as employed by that
recipient, and (II) all employees who do not
meet the requirements of subclause (I) shall be
treated as employed by the leasing
organization. Such leasing organization may
also elect, for any year, to have a plan that
is subject to section 105(h)(3) and (4), or to
section 125(c), tested on a comparable basis
under section 105(h)(3) and (4), or under
section 125(c), as the case may be.
``(ii) Special rules.--A leasing
organization electing under this paragraph
(6)(A) may, under regulations prescribed by the
Secretary, elect in the alternative to have
subclause (I) of paragraph (6)(A)(i) applied
(I) to all employees who perform services
directly for the recipient and the related
persons, whether or not they would be treated
as leased employees of the recipient, or (ii)
only with respect to selected recipients and
related persons. Notwithstanding the foregoing,
in the event that a five-percent owner (as
defined in section 416(i)) of a recipient is
covered by a plan described in paragraph
(6)(A)(i), then such leasing organization shall
be deemed to have elected disaggregation in
accordance with subclause (ii) of this clause
with respect to such recipient and related
persons.
``(iii) Effect of disqualification.--If the
plan of a leasing organization electing under
this paragraph (6)(A) fails to satisfy the
requirements of section 410(b) or section
401(a)(4) with respect to the person deemed to
be the employer under paragraph (6)(A), only
that portion of the plan that is treated under
paragraph (6)(A) as maintained by such person
shall be disqualified.
``(iv) Treatment of related persons.--For
purposes of this subparagraph (A), the term
``recipient'' shall not include any person that
is a related person with respect to the leasing
organization.
``(B) Highly compensated employees.--Whether or not
the leasing organization makes an election under
subparagraph (A), section 414(q) shall be applied to
employees of a leasing organization that is a qualified
staffing firm by treating the employees who perform
services for a recipient or related persons and who
would be leased employees of the recipient but for the
requirements of paragraph (2)(B) as employed by, and
receiving compensation from, the recipient or the
related person for purposes of determining whether the
employees are highly compensated employees of the
leasing organization.''.
SEC. 5. REVISIONS TO SAFE HARBOR PROVISION.
(a) Revisions to Safe Harbor Plan Requirements.--Subparagraph (B)
of section 414(n)(5) of the Internal Revenue Code is amended to read as
follows:
``(B) Plan Requirements.--A plan meets the requirements of this
subparagraph if--
``(i) such plan is a money purchase pension plan or a
profit-sharing plan, with a nonintegrated employer contribution
rate for each participant which is at least 7.5 percent of that
portion of the participant's compensation attributable to
services performed for the recipient, and which is not
dependent on the current or accumulated points of the leasing
organization or on whether the participant makes an elective
contribution or employee contribution to such plan.
``(ii) such plan provides for full and immediate vesting,
``(iii) if the plan is a profit-sharing plan, such plan
meets the distribution requirements of section 401(k)(2)(B)
with respect to all employer contributions, and
``(iv) each employee of the leasing organization who
performs services for the recipient immediately participates in
such plan.''.
(b) Extension of Safe Harbor Rule to Additional Employee
Benefits.--Paragraph (5) of Section 414(n) of the Internal Revenue Code
is amended by adding at the end the following:
``(D) Special rule for additional employee benefits.--To
the extent provided for in regulations issued by the Secretary,
in the case of a requirement described in subparagraph (C) of
paragraph (3), this subsection shall not apply to any leased
employee with respect to service performed for a recipient if--
``(i) such employee is covered by a plan for an
arrangement that is maintained by the leasing
organization and that meets such requirements as the
Secretary shall prescribe in regulations, and
``(ii) leased employees (determined without regard
to this paragraph) do not constitute more than 20
percent of the recipient's nonhighly compensated work
force.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act. In the case of a plan that covers employees
of a qualified staffing firm who are providing services for a customer
pursuant to a service contract and that was adopted and in effect
before the date of enactment of this Act, such amendments shall not
take effect until the first day of the first plan year that begins
after the date of enactment of this Act, and the plan shall not be
required to be amended to reflect this Act until the end of such plan
year. | Staffing Firm Worker Benefits Act of 1997 - Amends the Internal Revenue Code to define "employer," in the case of a qualified staffing firm, as the employer of individuals performing services for a customer of the firm for purposes of provisions relating to: (1) collection of income tax at source on wages; (2) the Federal Insurance Contributions Act; and (3) the Federal Unemployment Tax Act. Defines a "qualified staffing firm" as any person engaged in providing staffing services to a customer under a service contract if, regarding a worker performing services for the customer covered by the contract, the firm has responsibility for payment of wages, handles withholding taxes and benefits, has authority to hire, reassign and dismiss, maintains employee records, and has responsibility for addressing the worker's complaints, claims, filings, or employment-related requests.
(Sec. 3) Includes in the definition of "employee," for specified provisions relating to various employee benefits, any individual whose employer is a qualified staffing firm. Treats certain changes in the employment relationship between an individual and a qualified staffing firm (or its customer or former customer) as a termination of employment from the firm (or the customer).
(Sec. 4) Treats a leased employee as an employee of the recipient of the employee's services and treats contributions or benefits provided by the recipient as provided by the recipient for purposes of provisions relating to qualified pension, profit-sharing, and stock bonus plans. Sets forth special rules applicable to the leasing organization's plans.
(Sec. 5) Revises leased employee safe harbor requirements. | {"src": "billsum_train", "title": "Staffing Firm Worker Benefits Act of 1997"} | 2,945 | 362 | 0.605032 | 1.907729 | 0.687691 | 2.803797 | 8.129747 | 0.892405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Budget Structure Act of
1993''.
SEC. 2. STATEMENT OF FINDING AND PURPOSE.
(a) Statement of Finding.--Congress finds that the existing budget
obscures the distinctions between capital activities and operating
activities, and between Federal funds and trust funds so as to hinder
identifying the resources needed to meet the Government's needs.
(b) Purpose.--It is the purpose of this Act that the unified budget
present a capital budget and an operating budget, and distinguish
between Federal funds and trust funds, in order to provide better and
more relevant information on the revenues, expenses, and financing
requirements of Government programs and activities.
SEC. 3. CAPITAL AND OPERATING BUDGETS.
Title 31, United States Code, is amended by inserting after section
1105 the following new section:
``Sec. 1105a. Capital and operating budgets
``(a)(1) The budget of the United States submitted by the President
under section 1105 of this title shall be a unified budget composed of
an operating budget and a capital budget.
``(2) Operating and capital budgets shall be presented separately
for total funds, Federal funds, and trust funds.
``(b)(1) Actual, estimated, and proposed amounts shall be presented
for total funds, Federal funds, and trust funds and, at a minimum,
shall contain--
``(A) for the operating budget the following: (i) operating
revenues, (ii) operating expenses, (iii) operating surplus/
deficit before interfund transfers, (iv) interfund transfers,
and (v) operating surplus/deficit;
``(B) for the capital budget the following: (i) capital
revenues, (ii) capital investments, (iii) net capital
investments, (iv) interfund transfers, and (v) capital
financing requirements;
``(C) items not affecting funds; and
``(D) unified budget financing requirements.
``(2) The capital budget shall represent only the major activities,
projects, and programs which support the acquisition, construction,
alteration, and rehabilitation of capital assets. All other activities,
projects, and programs shall be represented in the operating budget.
``(c) In addition to the unified budget submitted by the President
as required by subsections (a) and (b) of this section, the President
shall present information in the form required by subsection (b)(1) for
accounts, agencies, and functions, to the extent applicable.
``(d) In this section--
``(1) `unified budget' means a budget in which revenues and
expenses for Federal funds and trust funds are consolidated to
display totals for the Federal Government as a whole;
``(2) `trust funds' means--
``(A) the Federal Old-Age and Survivors Insurance
Trust Fund,
``(B) the Federal Hospital Insurance Trust Fund,
``(C) the Civil Service Retirement and Disability
Fund,
``(D) the Military Retirement Fund,
``(E) the Federal Supplementary Medical Insurance
Trust Fund,
``(F) the Unemployment Trust Fund,
``(G) the Federal Disability Insurance Trust Fund,
and
``(H) such other funds or accounts of the
Government that the Director of the Office of
Management and Budget, in consultation with the
Comptroller General, determines should be classified as
trust funds in order to fulfill the purpose of this
section;
``(3) `Federal funds' includes all accounts of the
Government that are not trust funds;
``(4) `total funds' means Federal funds and trust funds and
represents the unified budget;
``(5) `capital assets' means physical assets and financial
assets, but does not include consumable inventories;
``(6) `physical assets' means tangible assets whose
ownership is or will be in the public domain; which typically
produce services or benefits, including for national defense
and security, for more than 2 years; and which have an initial
cost equal to or more than $100,000; such assets include, but
are not limited to--
``(A) roadways and bridges;
``(B) airports and airway facilities;
``(C) mass transportation systems;
``(D) waste water treatment and related facilities;
``(E) water resource projects;
``(F) medical facilities;
``(G) resource recovery facilities;
``(H) public structures;
``(I) space and communication facilities;
``(J) defense facilities;
``(K) major weapons platforms; and
``(L) strategic petroleum reserves and mineral
stockpiles;
``(7) `financial assets' means interests of the Federal
Government in, and claims of the Federal Government against,
foreign governments, States and their political subdivisions,
corporations, associations, and individuals and their resources
which are represented by a legal instrument (such as bonds,
debentures, notes, and other securities), less any credit
subsidy costs attributable to such financial assets;
``(8) `credit subsidy costs' means the losses incurred by
the Federal Government as a result of its direct and guaranteed
loans, including such costs as interest and default;
``(9) `consumable inventories' means tangible assets of the
Federal Government, including stockpiles, supplies, and
inventories, which typically are consumed within 2 years or
which have an initial price less than $100,000;
``(10) `operating revenues' means all receipts of the
Federal Government, other than those identified in paragraph
(16), including profits and interest earned on financial
assets;
``(11) `operating expenses' means all expenses of the
Federal Government, other than those identified in paragraph
(17), including interest payments on debts, asset consumption
charge, and credit subsidy costs;
``(12) `the operating surplus/deficit before interfund
transfers' means the difference between operating revenues and
operating expenses before interfund transfers;
``(13) `interfund transfers' means the flow of revenues
between Federal funds and trust funds accounts that are
expenses from the account making the payments and revenues to
the account receiving the payments;
``(14) `operating surplus/deficit' means the operating
surplus/deficit before interfund transfers plus or minus
interfund transfers;
``(15) `asset consumption charge' means the systematic
allocation of the original cost--historical, replacement, or
current value--of a physical asset (excluding national
monuments and land) financed by the appropriation accounts for
which the capital budget required by this section applies;
``(16) `capital revenues' means receipts of the Federal
Government derived from the repayment of principal invested in
financial assets, and taxes, collections, and receipts
dedicated by statute, for the acquisition, construction, and
rehabilitation of capital assets which relate to the
activities, functions, and programs represented by the capital
budget;
``(17) `capital investments' means expenditures of the
Federal Government, including those under grants, contracts,
and leases, which are for the acquisition, construction, and
rehabilitation of capital assets;
``(18) `net capital investments' means the amount by which
capital investments exceed the asset consumption charge;
``(19) `capital financing requirements' means net capital
investments plus or minus interfund transfers;
``(20) `items not affecting funds' means noncash outlays of
the Federal Government; and
``(21) `unified budget financing requirements' means the
total of the operating surplus/deficit and the net capital
financing requirements less items not affecting funds.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Duties of Comptroller General.--Section 1112 of title 31,
United States Code, is amended--
(1) in subsection (c)(1) by inserting ``criteria,
principles, and standards for determining the contents of the
operating and capital budgets required under section 1105a of
this title, and'' after ``including''; and
(2) by adding at the end thereof the following new
subsection:
``(g) The Comptroller General shall review and report to the
Congress on the implementation of section 1105a of this title as the
Comptroller General deems necessary. A review by the Comptroller
General may include, but need not be limited to, determining whether
(1) the actual, estimated, and proposed appropriations, receipts, and
investments presented in the capital budget represent activities,
functions, and programs which support the acquisition, construction,
alteration, and rehabilitation of capital assets, and (2) the
classifications made by the Director of the Office of Management and
Budget under section 1105a(d)(2)(H) of this title further the purposes
of section 1105a.''.
(b) Chapter Analysis.--The analysis for chapter 11 of such title is
amended by inserting after the item relating to section 1105 the
following:
``1105a. Capital and operating budgets.''.
SEC. 5. PUBLIC WORKS FINANCING INFORMATION.
Title VII of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3211-3226) is amended by adding at the end thereof the
following new section:
``SEC. 717. PUBLIC WORKS FINANCING INFORMATION.
``(a) Transportation Reports.--Not later than 12 months after the
date of the enactment of the Federal Budget Structure Act of 1991, and
annually thereafter, the Secretary of Transportation shall report to
the House Committee on Public Works and Transportation and the Senate
Committee on Environment and Public Works, at the account, function,
and agency levels, the actual, estimated, and proposed appropriations,
receipts, and expenditures for capital activities and operating
activities associated with the following:
``(1) roadways and bridges;
``(2) airports and airway facilities; and
``(3) mass transportation systems.
``(b) Water Pollution Reports.--Not later than 12 months after the
date of the enactment of the Federal Budget Structure Act of 1991, and
annually thereafter, the Administrator of the Environmental Protection
Agency shall report to the House Committee on Public Works and
Transportation and the Senate Committee on Environment and Public
Works, at the account and function levels, the actual, estimated, and
proposed appropriations, receipts, and expenditures for capital
activities and operating activities associated with waste water
treatment and related facilities.
``(c) Water Resources Reports.--Not later than 12 months after the
date of the enactment of the Federal Budget Structure Act of 1991, and
annually thereafter, the Assistant Secretary of the Army for Civil
Works shall report to the House Committee on Public Works and
Transportation and the Senate Committee on Environment and Public
Works, at the account and function levels, the actual, estimated, and
proposed appropriations, receipts, and expenditures for capital
activities and operating activities associated with water resource
projects.
``(d) Public Buildings Reports.--Not later than 12 months after the
date of the enactment of the Federal Budget Structure Act of 1991, and
annually thereafter, the Administrator of the General Services
Administration shall report to the House Committee on Public Works and
Transportation and the Senate Committee on Environment and Public
Works, at the account and function levels, the actual, estimated, and
proposed appropriations, receipts, and expenditures for capital
activities and operating activities associated with public
buildings.''. | Federal Budget Structure Act of 1993 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for total funds, Federal funds, and trust funds. Restricts the capital budget to the major activities, projects, and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets. Includes all other items in the operating budget.
Requires the following reports to specified congressional committees on capital activities and operating activities associated with: (1) roadways and bridges, airports and airway facilities, and mass transportation systems; (2) waste water treatment and related facilities; (3) water resource projects; and (4) public buildings. | {"src": "billsum_train", "title": "Federal Budget Structure Act of 1993"} | 2,499 | 155 | 0.588377 | 1.596615 | 0.617353 | 4.068493 | 16.479452 | 0.890411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Unit Irrigation District Act
of 2006''.
SEC. 2. NORTH UNIT IRRIGATION DISTRICT.
The Act of August 10, 1954 (68 Stat. 679, chapter 663), is
amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:
``SEC. 3. ADDITIONAL TERMS.
``On approval of the District directors and notwithstanding project
authorizing legislation to the contrary, the Contract is modified,
without further action by the Secretary of the Interior, to include the
following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the standards
upon which the classification was made are described in the
document entitled ``Land Classification, North Unit, Deschutes
Project, 1953'' which is on file in the office of the Regional
Director, Bureau of Reclamation, Boise, Idaho, and in the
office of the District' and inserting `The classified irrigable
land within the project comprises 58,902.8 irrigable acres, all
of which are authorized to receive irrigation water pursuant to
water rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time so
long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the North Unit
Irrigation District Act of 2006, the annual installment for
each year, for the District, under the Contract, on account of
the District's construction charge obligation, shall be a fixed
and equal annual amount payable on June 30 the year following
the year for which it is applicable, such that the District's
total construction charge obligation shall be completely paid
by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes, to
the extent that such use is required by Oregon State law in
order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held by
the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes, to
the extent that such use is required by Oregon State law in
order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall furnish
to the United States certified copies of such decrees and of
all pertinent supporting records.' after `for that purpose.'.
``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
``The Secretary of the Interior (acting through the Commissioner of
Reclamation) may in the future renegotiate with the District such terms
of the Contract as the District directors determine to be necessary,
only upon the written request of the District directors and the consent
of the Commissioner of Reclamation.''. | North Unit Irrigation District Act of 2006 - Modifies a repayment contract between the Secretary of the Interior and the North Unit Irrigation District, Oregon, to permit the District to engage in, or take advantage of, conserved water projects authorized by Oregon law.
Authorizes the Secretary to renegotiate in the future such contract terms as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner of Reclamation. | {"src": "billsum_train", "title": "A bill to provide for the modification of an amendatory repayment contract between the Secretary of the Interior and the North Unit Irrigation District, and for other purposes."} | 1,183 | 106 | 0.535404 | 1.371461 | 0.572127 | 5.827586 | 12.287356 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Health Education and
Transparency Act of 2008''.
SEC. 2. OFFICE OF CONSUMER HEALTH EDUCATION AND INFORMATION.
(a) Establishment.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall establish within
the Department of Health and Human Services an office to be known as
the ``Office of Consumer Health Education and Information'' (referred
to in this Act as the ``Office'') to provide consumers of health care
services and health insurance with information, through education and
outreach, concerning personal health and wellness and health insurance
coverage.
(b) Director.--The Office shall be headed by a Director who shall
be appointed by the Secretary,
(c) Duties.--The Office shall--
(1) collect and organize personal health and wellness
information from private and public sources and disseminate
such information to members of the general public to improve
personal health awareness and behaviors;
(2) collect and organize information on available health
insurance options and consumer health insurance protections in
each of the 50 States and United States territories and
disseminate such information to the general public through the
Internet website established under paragraph (8) and the
Federal Citizen Information Center hotline established under
paragraph (5);
(3) coordinate the public health education and outreach
efforts of organizations and offices within the Department of
Health and Human Services, including the Centers for Medicare &
Medicaid Services, the Health Resources and Services
Administration, the National Institutes of Health, the Centers
for Disease Control and Prevention, and the Administration on
Aging, to increase the effectiveness of such efforts;
(4) enter into interagency agreements with the Federal
Trade Commission, the Department of Labor, and other Federal
agencies determined appropriate by the Secretary to facilitate
the coordination of personal health and wellness or health
insurance information provided to consumers;
(5) enter into an interagency agreement with the General
Services Administration to operate directly or indirectly,
through grant or contract, a 24-hour, toll-free telephone
hotline at the Federal Citizen Information Center to provide
consumer information regarding health insurance and personal
health and wellness behaviors as well as direct consumers to
geographically appropriate resources;
(6) identify and develop methods to increase the quality
and amount of information available to consumers regarding the
cost, quality, and availability of health care services and
health insurance plans;
(7) develop partnership agreements with public and private
organizations to improve the education of the general public
regarding personal health and wellness and health insurance;
(8) develop and maintain a consumer education Internet
website to provide information concerning personal health and
wellness and health insurance; and
(9) develop and disseminate relevant information for
employers purchasing health insurance coverage for employees
and their families.
(d) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary shall
submit to Congress a report that includes--
(1) a detailed review of the Office's activities,
operations, and achievements during the year for which the
report is being prepared;
(2) a description of the Office's goals for the year
following the year for which the report is being prepared and a
strategic plan for the operation and activities of the Office
to achieve such goals; and
(3) a detailed request for additional appropriations needed
for the implementation of such plan, as appropriate.
(e) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this section.
SEC. 3. DEVELOPMENT AND UTILIZATION OF UNIFORM SUMMARY OF BENEFITS
EXPLANATION.
(a) In General.--The Secretary shall request the National
Association of Insurance Commissioners (referred to as the ``NAIC'') to
develop, and submit to the Secretary not later than 12 months after the
date of enactment of this Act, standards for use by health insurance
issuers in compiling and providing to enrollees a summary of benefits
explanation that accurately represents the benefits and coverage
provided by the issuer under the applicable health insurance plan. In
developing such standards, the NAIC shall consult with a working group
composed of representatives of health insurance-related consumer
advocacy organizations, issuers of health insurance plans, and other
qualified individuals.
(b) Requirements.--The standards for the summary of benefits
explanation developed under subsection (a) shall provide for the
following:
(1) Appearance.--The standards shall ensure that the
summary is presented in a uniform format that does not exceed 4
pages in length and does not include print smaller than 12-
point font.
(2) Language.--The standards shall ensure that the language
used in the summary is presented in a manner determined to be
understandable by the average health plan enrollee.
(3) Contents.--The standards shall ensure that the summary
includes--
(A) information determined to be essential to a
consumer's understanding of the applicable health
insurance plan benefits;
(B) uniform definitions of standard insurance
terms;
(C) examples to illustrate common benefits
scenarios; and
(D) illustrations that enhance consumer
understanding of the explanation.
(c) Regulations.--
(1) Submission.--If, not later than 12 months after the
date of enactment of this Act, the NAIC submits to the
Secretary the standards provided for under subsection (a), the
Secretary shall, not later than 60 days after the date on which
such standards are submitted, promulgate regulations to apply
such standards to entities described in subsection (c)(2).
(2) Failure to submit.--If the NAIC fails to submit to the
Secretary the standards under subsection (a) within the 12-
month period provided for in paragraph (1), the Secretary
shall, not later than 90 days after the expiration of such 12-
month period, promulgate regulations providing for the
application of Federal standards for the summary of benefit
explantion to entities described in subsection (d)(2).
(d) Requirement To Provide.--
(1) In general.--Not later than 24 months after the date of
enactment of the Act, each entity described in paragraph (2)
shall, prior to the effective date of any health insurance
coverage provided by the entity to an individual, provide to
such individual a summary of benefits explanation pursuant to
the standards promulgated by the Secretary under subsection
(c).
(2) Entities.--
(A) In general.--An entity is described in this
paragraph is--
(i) a health insurance issuer (including a
group health plan) offering health insurance
coverage within the United States (including
carriers under the Federal Employee Health
Benefits Program under chapter 89 of title 5,
United States Code);
(ii) the Secretary with respect to coverage
under the Medicare, Medicaid, and SCHIP
programs under titles XVIII, XIX, and XXI of
the Social Security Act (42 U.S.C. 1395, 1396,
1397aa et seq.);
(iii) the Secretary of Veterans Affairs
with respect to coverage provided through the
Department of Veterans Affairs; and
(iv) the Secretary of Defense with respect
to military health program coverage under
chapter 55 of title 10, United States Code,
including under the TRICARE program (as defined
in section 1072(7) of such title).
(B) Limitation.--An entity described in the
paragraph shall not include a self-funded group health
plan to which the Employee Retirement Income Security
Act of 1974 applies.
(e) Preemption.--The standards promulgated under subsection (c)
shall preempt any related State standards that require summary of
benefits health plan explanations that provide less information to
consumers, as determined by the Secretary.
(f) Failure To Provide.--An entity described in subsection (d)(2)
that willfully fails to provide the information required under this
section shall be subject to a fine of not more than $1,000 for each
such failure. Such failure with respect to each enrollee shall
constitute a separate offense for purposes of this subsection.
SEC. 4. CONSUMER HEALTH EDUCATION AND OUTREACH INITIATIVE.
(a) Establishment.--Not later than 12 months after the date of
enactment of this Act, the Secretary, acting through the Director of
the Office, shall establish and implement a consumer health education
and outreach initiative through the use of print, Internet, television,
and radio media.
(b) Required Information.--The initiative established under
subsection (a) shall provide consumers with information concerning the
following:
(1) The importance of adopting responsible personal health
and wellness behaviors.
(2) The important role of health insurance coverage in
maintaining personal health and wellness behaviors.
(3) The impact of individuals without health insurance on
the general health care market and costs of health care
services.
(4) The importance of utilizing preventive health services
and how to access such services.
(5) The operation of health insurance plans.
(6) Common health care terminology.
(7) The information that a consumer should obtain about
health care services and health insurance plans prior to
participating.
(8) The availability of, and eligibility for, Federal
health care programs and assistance.
(9) The format and content of the summary of benefits
explanation required under section 3.
(10) The resources available through the Office and how to
access those resources, including the Internet website and toll
free hotline.
(c) Languages.--The Secretary shall provide information through the
initiative under subsection (a) in multiple languages and in an
accessible format for individuals with sight and hearing disabilities.
(d) Duration.--The initiative under subsection (a) shall be at
least 6 months in duration.
(e) Authorization of Appropriations.--There is authorized to be
appropriated, $10,000,000 to carry out this section.
SEC. 5. REPORT CONCERNING END-OF-LIFE CARE EDUCATION AND SPENDING.
(a) Study.--The Secretary, in consultation with the representatives
described in subsection (c), shall conduct a comprehensive study of
matters related to improved consumer education on end-of-life care
decisions and spending. Such study shall evaluate issues including--
(1) consumer attitudes and questions regarding end-of-life
care decisions;
(2) effective outreach methods to increase consumer
understanding of end-of-life care considerations and tools for
making end-of-life care decisions;
(3) methods for empowering consumers to ensure that their
end-of-life care instructions are properly executed;
(4) the appropriate timing and venues for end-of-life care
discussions between health care consumers and providers;
(5) ethical and legal considerations considered by
consumers when making end-of-life care decisions;
(6) trends in end-of-life care spending and the impact of
such spending on overall health care costs; and
(7) potential strategies for addressing any identified end-
of-life care spending issues.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall submit to Congress, a report
concerning the study conducted under subsection (a) together with the
recommendations of the Secretary for legislative or administrative
action where appropriate.
(c) Representatives.--The representatives described in this
subsection include representatives from the following groups,
organizations, or associations:
(1) A senior citizen advocacy organization.
(2) A hospice organization.
(3) A physician-based hospice and palliative care
organization.
(4) A home-health organization.
(5) A long-term care advocacy organization.
(6) A cancer research organization.
(7) A patient advocacy organization.
(8) A faith-based health care organization.
(9) A nurse-based medical association.
(10) A geriatrician-based medical association.
(11) An academic medical institution.
(12) A caregiver advocacy organization.
(13) A chronic disease advocacy organization.
(14) A disability rights advocacy organization.
(15) A social work association.
(16) A pediatric palliative care organization.
(17) A veterans health care organization.
SEC. 6. ESTABLISHMENT OF DEPARTMENT OF EDUCATION GRANTS TO LOCAL
EDUCATIONAL AGENCIES FOR DEVELOPMENT AND IMPLEMENTATION
OF PERSONAL HEALTH AND NUTRITION PROGRAMS IN GRADES K-12.
(a) Definitions.--In this section:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(b) Program Authorized.--The Secretary shall establish a 5-year
pilot program awarding grants, on a competitive basis, to not more than
25 local educational agencies to allow the local educational agencies
to develop and implement a personal health and nutrition curriculum in
elementary schools or secondary schools.
(c) Application.--A local educational agency that desires to
receive a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. The application shall contain
a plan for the proposed curriculum and for the use of the grant funds
by the local educational agency, including a description of the
population of children to be targeted by the program assisted under the
grant.
(d) Award Basis.--In awarding grants under this section, the
Secretary shall consider whether the curriculum proposal submitted by
the local educational agency in the application--
(1) is age-appropriate for, and appealing to, children in
the targeted population described in the application;
(2) incorporates evidence-based health and nutrition
standards as the basis for instruction;
(3) integrates classroom instruction with physical activity
to demonstrate the benefits of adopting good personal health
and nutrition habits;
(4) incorporates communication with parents and includes
family learning activities outside of the classroom; and
(5) promotes school staff health and wellness.
(e) Use of Funds.--A local educational agency receiving a grant
under this section shall use such funds to develop and implement a
personal health and nutrition curriculum for elementary or secondary
school students.
(f) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section $500,000 for each of the fiscal
years 2009 through 2014. | Consumer Health Education and Transparency Act of 2008 - Requires the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Consumer Health Education and Information to provide consumers of health care services and health insurance with information concerning personal health and wellness and health insurance coverage.
Requires the Secretary to: (1) require the National Association of Insurance Commissioners to develop standards for use by health insurance issuers in compiling and providing to enrollees a summary of benefits explanation that accurately represents the benefits and coverage provided by the issuer under the applicable health insurance plan; and (2) promulgate regulations to apply such standards.
Directs health insurance issuers and federal health care programs to provide such a summary of benefits explanation to individuals prior to the effective date of coverage.
Provides that such standards preempt related state standards that provide less information to consumers.
Subjects entities that willfully fail to provide such information to fines.
Requires the Secretary, acting through the Director of the Office, to establish and implement a consumer health education and outreach initiative.
Directs the Secretary to: (1) conduct a comprehensive study of matters related to improved consumer education on end-of-life care decisions and spending; and (2) award grants to local education agencies to develop and implement a personal health and nutrition curriculum in elementary or secondary schools. | {"src": "billsum_train", "title": "A bill to provide information and education to consumers concerning health care services and health insurance coverage."} | 3,056 | 289 | 0.615589 | 1.84726 | 0.778064 | 5.174242 | 11.132576 | 0.962121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Bills Interest Rate Relief
Act''.
SEC. 2. FINDINGS; SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) Many families and individuals are forced deep into debt
by the combination of large medical bills and excessively high
interest rates.
(2) The policy journal Health Affairs reports that illness
and medical bills cause half of all bankruptcies.
(3) The same report notes that over 2 million Americans are
financially ruined by medical care costs each year.
(4) Consumers whose debt consists largely of credit
extended to pay medical expenses are 42 percent more likely
than other debtors to experience lapses in coverage.
(5) Many of those forced into bankruptcy by medical
expenses are middle class and have health insurance.
(6) Major credit card issuers tie credit card interest
rates to credit records and credit scores.
(7) However, previously unforeseen and burdensome medical
expenses may arise whereby the hospital-mandated schedule of
payment is more than the individual can immediately afford.
(8) Hospitals often report late- or delinquent-payers to
consumer reporting agencies thereby directly affecting the
rates, terms, and availability of credit from other sources
that might otherwise be used to pay the medical expenses.
(9) Many individuals and families are forced to place large
medical expenses on their credit cards over time.
(10) Credit card issuers are able to raise interest rates
on late- and delinquent-payers with impunity and without
regards to the nature of the delinquency.
(11) There currently exists no government-enforced ceiling
cap on credit card interest rates.
(b) Purpose.--The purpose of this Act is to stem the loss from
rising instances of payment delinquencies and bankruptcies so that
people who meet their bill payment requirements on time and in full
receive the lowest interest rates.
(c) Sense of the Congress.--It is the sense of the Congress that--
(1) no American family or individual should be forced to
choose between the health and life of a loved one and the
financial constraints of medical care;
(2) financial institutions, including credit card issuers,
should not take financial advantage of unforeseen,
nonpreventive, or catastrophic medical situations; and
(3) individuals or families saddled with large medical
bills should receive a fair and equitable credit rating that
disregards off-schedule medical bill payments.
SEC. 3. CREDIT CARD ISSUERS OBLIGATIONS FOR CREDIT EXTENDED TO PAY
MEDICAL EXPENSES.
Section 127 of the Truth in Lending Act (15 U.S.C. 1637) is amended
by adding at the end the following new subsection:
``(h) Credit Card Issuers Obligations for Credit Extended to Pay
Medical Expenses.--
``(1) In general.--If, with respect to a credit card
account under an open end consumer credit plan, the consumer
notifies the credit card issuer of anticipated, any upcoming
medical expense to be incurred by the consumer, or a member of
the consumer's household, within 30 days of the date of the
expense--
``(A) the annual percentage rate on credit extended
under the plan to pay such medical expenses shall not
exceed the annual percentage rate in effect for any
outstanding balance of the consumer under the plan at
the time such notice is given; and
``(B) the annual percentage rate extended under the
plan to pay nonmedical expenses may not be increased on
the basis of, or due to, the extension of credit to pay
such medical expenses.
``(2) Medical expenses.--For purposes of this subsection,
the term `medical expenses' includes necessary treatments,
drugs, tests, hospital stays, and expenses, doctor fees, and
elective surgeries.''.
SEC. 4. CREDIT HISTORY REPORTING REQUIREMENT IN CASE OF CERTAIN MEDICAL
EXPENSES.
Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s-2) is
amended by adding at the end the following new subsection:
``(f) Reports Furnished by Hospitals.--
``(1) In general.--If a consumer, who is unable to make
full payments for medical expenses (as defined in section
127(h)(2)) to a hospital or other medical treatment facility in
accordance with a schedule of payments imposed by such hospital
or facility, continues, in good faith, to make partial payments
on the outstanding balance on the prescribed due dates under
such schedule, the hospital or facility may not submit negative
information relating to the failure of such consumer to
maintain the payment schedule in full during the 5-year period
beginning when the consumer first fails to make full payment
under the payment schedule.
``(2) Good faith partial payment.--For purposes of
paragraph (1), a consumer shall be deemed to be making partial
payments in good faith on the prescribed due dates if the
consumer is paying at least 20 percent of the amount of the
scheduled payment for each due date.''.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
January 1, 2006. | Medical Bills Interest Rate Relief Act - Expresses the sense of the Congress that: (1) no American family or individual should be forced to choose between the health and life of a loved one and the financial constraints of medical care; (2) financial institutions, including credit card issuers, should not take financial advantage of unforeseen, nonpreventive, or catastrophic medical situations; and (3) individuals or families saddled with large medical bills should receive a fair and equitable credit rating that disregards off-schedule medical bill payments.
Amends the Truth in Lending Act to prescribe guidelines governing the obligations of credit card issuers for credit extended to pay medical expenses.
Amends the Fair Credit Reporting Act to prohibit a hospital or other medical treatment facility from submitting to a consumer reporting agency during a five-year period any negative information regarding the failure of a consumer to maintain full payments for medical expenses if the consumer continues in good faith to make partial payments on the outstanding balance on prescribed payment schedule due dates. | {"src": "billsum_train", "title": "To express the sense of the Congress with respect to the price and terms of credit used to pay large medical bills, to amend the Truth in Lending Act with respect to credit card issuers obligations for credit extended to pay medical expenses under certain circumstances, and for other purposes."} | 1,145 | 217 | 0.637862 | 2.020379 | 1.04001 | 6.161458 | 5.458333 | 0.942708 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Muscogee-Creek Indian Tribe of
Georgia Recognition Act''.
SEC. 2. FINDINGS.
The Congress declares and finds the following:
(1) The Lower Muscogee-Creek Indian Tribe of Georgia are
descendants of and political successors to those Indians known
as the original Creek Indian Nation at the time of initial
European contact with America.
(2) The Lower Muscogee-Creek Indian Tribe of Georgia are
descendants and political successors to the signatories of the
1832 Treaty of Washington which was a treaty made while the
Creeks were one nation, before removal. The Treaty involved all
Creeks, including the Upper, Middle, and Lower Creeks, when the
Creek Nation was whole and intact.
(3) The Lower Muscogee-Creek Indian Tribe of Georgia
consists of over 2,500 eligible members, most of whom continue
to reside close to their ancestral homeland within the State of
Georgia. Pursuant to Article XII of the 1832 Treaty of
Washington, the Lower Muscogee-Creek Indian Tribe of Georgia
declined to be removed and continued to operate as a sovereign
Indian tribe comprising those Lower Creeks declining removal
under the Treaty of 1832.
(4) The Lower Muscogee-Creek Indian Tribe of Georgia
continues its political and social existence with a viable
tribal government carrying out many of its governmental
functions through its traditional form of collective
decisionmaking and social interaction.
(5) In 1972, when the Lower Muscogee-Creek Indian Tribe of
Georgia (also known as the Muscogee-Creek Indian Tribe East of
the Mississippi River) petitioned the Bureau of Indian Affairs
for Federal recognition, the tribal leaders were not well
educated and the Tribe could not afford competent counsel
adequately versed in Federal Indian law. The Tribe was unable
to obtain technical assistance in its petition which
consequently lacked critical and pertinent historical
information necessary for recognition. Thus, due to technical
omissions, the petition was denied on December 21, 1981.
(6) Despite the denial of the petition, the United States
Government, the government of the State of Georgia, and local
governments, have recognized the political leaders of the Lower
Muscogee-Creek Indian Tribe of Georgia as leaders of a distinct
political governmental entity.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Tribe'' means the Lower Muscogee-Creek
Indian Tribe of Georgia;
(2) the term ``Secretary'' means the Secretary of the
Interior; and
(3) The term ``member'' means an enrolled member of the
Tribe, as of the date of enactment of this Act, or an
individual who has been placed on the membership rolls of the
Tribe in accordance with this Act.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is hereby extended to the
Tribe. All laws and regulations of general application to Indians or
nations, tribes, or bands of Indians that are not inconsistent with any
specific provision of this Act shall be applicable to the Tribe and its
members.
(b) Federal Benefits and Services.--The Tribe and its members shall
be eligible, on or after the date of enactment of this Act, for all
Federal benefits and services furnished to federally recognized Indian
tribes and their members because of their status as Indians without
regard to the existence of a reservation for the Tribe or the residence
of any member on or near an Indian reservation.
(c) Service Area.--
(d) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.) shall be applicable to the Tribe and its
members.
SEC. 5. RESERVATION.
(a) Lands Taken Into Trust.--Notwithstanding any other provision of
law, if, not later than 2 years after the date of enactment of this
Act, the Tribe transfers interest in land within the boundaries of
Grady County, Carroll County, and such other counties in the State of
Georgia to the Secretary, the Secretary shall take such interests in
land into trust for the benefit of the Tribe.
(b) Reservation Established.--Land taken into trust pursuant to
subsection (a) shall be the initial reservation land of the Tribe.
SEC. 6. BASE MEMBERSHIP ROLL.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Tribe shall submit to the Secretary a
membership roll consisting of all individuals who are members of the
Tribe. The qualifications for inclusion in the membership roll of the
Tribe shall be developed and based upon the membership provisions as
contained in the Tribe's Constitution and Bill of Rights. Upon
completion of the membership roll, the Secretary shall publish notice
of such in the Federal Register. The Tribe shall ensure that such roll
is maintained and kept current.
(b) Future Membership.--The Tribe shall have the right to determine
future membership in the Tribe; however, in no event may an individual
be enrolled as a member of the Tribe unless the individual is a lineal
descendant of a person on the base membership roll, and has continued
to maintain political relations with the Tribe.
SEC. 7. JURISDICTION.
The reservation established pursuant to this Act shall be Indian
country under Federal and tribal jurisdiction. | Makes the Tribe eligible for all Federal benefits and services furnished to federally recognized Indian tribes without regard to the existence of a reservation.
Makes the provisions of the Indian Reorganization Act applicable to the Tribe and its members.
Directs the Secretary, if the Tribe transfers interests in land within the boundaries of Grady County, Carroll County, and such other counties in Georgia to the Secretary, to take such interests in land into trust for the benefit of the Tribe. Makes such land the Tribe's initial reservation land.
Requires the Tribe to submit a membership roll. | {"src": "billsum_train", "title": "Lower Muscogee-Creek Indian Tribe of Georgia Recognition Act"} | 1,231 | 129 | 0.416487 | 1.165689 | 0.478554 | 5.027523 | 9.899083 | 0.954128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Downpayment Pilot Program Act
of 2006''.
SEC. 2. PILOT PROGRAM FOR INSURANCE FOR ZERO-DOWNPAYMENT MORTGAGES.
(a) Mortgage Insurance Authority.--Section 203 of the National
Housing Act (12 U.S.C. 1709) is amended by inserting after subsection
(k) the following new subsection:
``(l) Zero-Downpayment Mortgages Pilot Program.--
``(1) Insurance authority.--The Secretary may insure, and
commit to insure, under this subsection any mortgage that meets
the requirements of this subsection and, except as otherwise
specifically provided in this subsection, of subsection (b).
``(2) Eligible single family property.--To be eligible for
insurance under this subsection, a mortgage shall involve a
property upon which there is located a dwelling that is
designed principally for a 1- to 3-family residence and that,
notwithstanding subsection (g), is to be occupied by the
mortgagor as his or her principal residence, which shall
include--
``(A) a 1-family dwelling unit in a multifamily
project and an undivided interest in the common areas
and facilities which serve the project;
``(B) a 1-family dwelling unit of a cooperative
housing corporation the permanent occupancy of the
dwelling units of which is restricted to members of
such corporation and in which the purchase of such
stock or membership entitles the purchaser to the
permanent occupancy of such dwelling unit; and
``(C) a manufactured home that meets such standards
as the Secretary has established for purposes of
subsection (b).
``(3) Maximum principal obligation.--
``(A) Limitation.--To be eligible for insurance
under this subsection, a mortgage shall involve a
principal obligation in an amount not in excess of 100
percent of the appraised value of the property plus any
initial service charges, appraisal, inspection and
other fees in connection with the mortgage as approved
by the Secretary.
``(B) Inapplicability of other loan-to-value
requirements.--A mortgage insured under this subsection
shall not be subject to subparagraph (B) of paragraph
(2) of subsection (b) or to the matter in such
paragraph that follows such subparagraph.
``(4) Eligible mortgagors.--The mortgagor under a mortgage
insured under this subsection shall meet the following
requirements:
``(A) First-time homebuyer.--The mortgagor shall be
a first-time homebuyer. The program for mortgage
insurance under this subsection shall be considered a
Federal program to assist first-time homebuyers for
purposes of section 956 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12713).
``(B) Counseling.--
``(i) Requirement.--The mortgagor shall
have received counseling, prior to application
for the loan involved in the mortgage, by a
third party (other than the mortgagee) who is
approved by the Secretary, with respect to the
responsibilities and financial management
involved in homeownership. Such counseling
shall be provided to the mortgagor on an
individual basis by a representative of the
approved third party counseling entity, and
shall be provided in person to the maximum
extent practicable.
``(ii) Topics.--Such counseling shall
include providing to, and discussing with, the
mortgagor--
``(I) information regarding
homeownership options other than a
mortgage insured under this subsection,
other zero- or low-downpayment mortgage
options that are or may become
available to the mortgagor, the
financial implications of entering into
a mortgage (including a mortgage
insured under this subsection), and any
other information that the Secretary
may require; and
``(II) a document that sets forth
the amount and the percentage by which
a property subject to a mortgage
insured under this subsection must
appreciate for the mortgagor to recover
the principal amount of the mortgage,
the costs financed under the mortgage,
and the estimated costs involved in
selling the property, if the mortgagor
were to sell the property on each of
the second, fifth, and tenth
anniversaries of the mortgage.
``(iii) 2- and 3-family residences.--In the
case of a mortgage involving a 2- or 3-family
residence, such counseling shall include (in
addition to the information required under
clause (ii)) information regarding real estate
property management.
``(5) Option for notice of foreclosure prevention
counseling availability.--
``(A) Option.--To be eligible for insurance under
this subsection, the mortgagee shall provide mortgagor,
at the time of the execution of the mortgage, an
optional written agreement which, if signed by the
mortgagor, allows, but does not require, the mortgagee
to provide notice described in subparagraph (B) to a
housing counseling entity that has agreed to provide
the notice and counseling required under subparagraph
(C) and is approved by the Secretary.
``(B) Notice to counseling agency.--The notice
described in this subparagraph, with respect to a
mortgage, is notice, provided at the earliest time
practicable after the mortgagor becomes 60 days
delinquent with respect to any payment due under the
mortgage, that the mortgagor is so delinquent and of
how to contact the mortgagor. Such notice may only be
provided once with respect to each delinquency period
for a mortgage.
``(C) Notice to mortgagor.--Upon notice from a
mortgagee that a mortgagor is 60 days delinquent with
respect to payments due under the mortgage, the housing
counseling entity shall at the earliest time
practicable notify the mortgagor of such delinquency,
that the entity makes available foreclosure prevention
counseling that may assist the mortgagor in resolving
the delinquency, and of how to contact the entity to
arrange for such counseling.
``(D) Ability to cure.--Failure to provide the
optional written agreement required under subparagraph
(A) may be corrected by sending such agreement to the
mortgagor not later than the earliest time practicable
after the mortgagor first becomes 60 days delinquent
with respect to payments due under the mortgage.
Insurance provided under this subsection may not be
terminated and penalties for such failure may not be
prospectively or retroactively imposed if such failure
is corrected in accordance with this subparagraph.
``(E) Penalties for failure to provide agreement.--
The Secretary may establish and impose appropriate
penalties for failure of a mortgagee to provide the
optional written agreement required under subparagraph
(A).
``(F) Limitation on liability of mortgagee.--A
mortgagee shall not incur any liability or penalties
for any failure of a housing counseling entity to
provide notice under subparagraph (C).
``(G) No private right of action.--This paragraph
shall not create any private right of action on behalf
of the mortgagor.
``(H) Delinquency period.--For purposes of this
paragraph, the term `delinquency period' means, with
respect to a mortgage, a period that begins upon the
mortgagor becoming delinquent with respect to payments
due under the mortgage and ends upon the first
subsequent occurrence of such payments under the
mortgage becoming current or the property subject to
the mortgage being foreclosed or otherwise disposed of.
``(6) Inapplicability of downpayment requirement.--A
mortgage insured under this subsection shall not be subject to
paragraph (9) of subsection (b) or any other requirement to pay
on account of the property, in cash or its equivalent, any
amount of the cost of acquisition.
``(7) MMIF monitoring.--In conjunction with the credit
subsidy estimation calculated each year pursuant to the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), the Secretary
shall review the program performance for mortgages insured
under this subsection and make any necessary adjustments, which
may include altering mortgage insurance premiums subject to
subsection (c)(2), adjusting underwriting standards, and
limiting the availability of mortgage insurance under this
subsection, to ensure that the Mutual Mortgage Insurance Fund
shall continue to generate a negative credit subsidy.
``(8) Underwriting.--For a mortgage to be eligible for
insurance under this subsection:
``(A) In general.--The mortgagor's credit and
ability to pay the monthly mortgage payments shall have
been evaluated using the Federal Housing
Administration's Technology Open To Approved Lenders
(TOTAL) Mortgage Scorecard, or a similar standardized
credit scoring system approved by the Secretary, and in
accordance with procedures established by the
Secretary.
``(B) Multi-unit properties.--In the case of a
mortgage involving a property upon which there is
located a dwelling that is designed principally for a
2- or 3-family residence, the mortgagor meets such
additional underwriting standards as the Secretary may
establish.
``(9) Approval of mortgagees.--To be eligible for insurance
under this subsection, a mortgage shall have been made to a
mortgagee that meets such criteria as the Secretary shall
establish to ensure that mortgagees meet appropriate standards
for participation in the program authorized under this
subsection.
``(10) Disclosure of incremental costs.--
``(A) Required disclosure.--For a mortgage to be
eligible for insurance under this subsection, the
mortgagee shall provide to the mortgagor, at the time
of the application for the loan involved in the
mortgage, a written disclosure, as the Secretary shall
require, that specifies the effective cost to a
mortgagor of borrowing the amount by which the maximum
amount that could be borrowed under a mortgage insured
under this subsection exceeds the maximum amount that
could be borrowed under a mortgage insured under
subsection (b), based on average closing costs with
respect to such amount, as determined by the Secretary.
Such cost shall be expressed as an annual interest rate
over the first 5 years of a mortgage.
``(B) Coordination.--The disclosure required under
this paragraph may be provided in conjunction with the
notice required under subsection (f).
``(11) Loss mitigation.--
``(A) In general.--Upon the default of any mortgage
insured under this subsection, the mortgagee shall
engage in loss mitigation actions for the purpose of
providing an alternative to foreclosure to the same
extent as is required of other mortgages insured under
this title pursuant to the regulations issued under
section 230(a).
``(B) Annual reporting.--Not later than 90 days
after the end of each fiscal year, the Secretary shall
submit a report to the Congress that compares the rates
of default and foreclosure during such fiscal year for
mortgages insured under this subsection, for single-
family mortgages insured under this title (other than
under this subsection), and for mortgages for housing
purchased with assistance provided under the
downpayment assistance initiative under section 271 of
the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12821).
``(12) Additional requirements.--The Secretary may
establish any additional requirements for mortgage insurance
under this subsection as may be necessary or appropriate.
``(13) Pilot program limitations.--
``(A) Annual.--In any fiscal year, the aggregate
number of mortgages insured under this subsection may
not exceed 10 percent of the aggregate number of
mortgages and loans insured by the Secretary under this
title during the preceding fiscal year.
``(B) Term of program.--The aggregate number or
mortgages insured under this subsection may not exceed
50,000.
``(14) Program suspension.--
``(A) In general.--Subject to subparagraph (C), the
authority under paragraph (1) to insure mortgages shall
be suspended if at any time the claim rate described in
subparagraph (B) exceeds 3.5 percent. A suspension
under this subparagraph shall remain in effect until
such time as such claim rate is 3.5 percent or less.
``(B) FHA total single-family annual claim rate.--
The claim rate described in this subparagraph, for any
particular time, is the ratio of the number of claims
during the 12 months preceding such time on mortgages
on 1- to 4-family residences insured pursuant to this
title to the number of mortgages on such residences
having such insurance in force at that time.
``(C) Applicability.--A suspension under
subparagraph (A) shall not preclude the Secretary from
endorsing or insuring any mortgage that was duly
executed before the date of such suspension.
``(15) Sunset.--No mortgage may be insured under this
subsection after September 30, 2010, except that the Secretary
may endorse or insure any mortgage that was duly executed
before such date.
``(16) GAO reports.--The Comptroller General of the United
States shall submit a report to the Congress not later than 2
years after the date of the enactment of this subsection, and
annually thereafter, regarding the performance of mortgages
insured under this subsection.
``(17) Implementation.--The Secretary may implement this
subsection on an interim basis by issuing an interim rule,
except that the Secretary shall solicit public comments upon
publication of such interim rule and shall issue a final rule
implementing this subsection after consideration of the
comments submitted.''.
(b) Mortgage Insurance Premiums.--The second sentence of
subparagraph (A) of section 203(c)(2) of the National Housing Act (12
U.S.C. 1709(c)(2)(A)) is amended by striking ``In'' and inserting
``Except with respect to a mortgage insured under subsection (l), in''.
(c) General Insurance Fund.--Section 519(e) of the National Housing
Act (12 U.S.C. 1735c(e)) is amended by striking ``and 203(i)'' and
inserting ``, 203(i), and 203(l)''.
(d) GAO Study of Expanded or Extended Program.--If at any time
authority to insure mortgages under section 203(l) of the National
Housing Act (as added by subsection (a) of this section) is--
(1) expanded to more than 50,000 mortgages, or
(2) extended to a date after September 30, 2010, including
any permanent extension of such authority,
the Comptroller General of the United States shall conduct a study of
the financial soundness, at such time, of the Mutual Mortgage Insurance
Fund and the effects of such expansion or extension on such financial
soundness, and shall submit a report to the Congress regarding the
conclusions of such study not later than 60 days after the date of the
enactment of the law providing for such expansion or extension. | Zero Downpayment Pilot Program Act of 2006 - (Sec. 2) Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to insure first-time homeowner zero-downpayment mortgages for one-family residences, including one- to three-unit dwellings, condominiums, cooperatives, and manufactured housing.
Requires a mortgage, to be eligible for insurance, to involve a principal obligation of not more than 100% of the property's appraised value plus any initial service charges, appraisal, inspection, and other related fees.
Requires independent mortgagor counseling prior to loan application, including specific counseling regarding real estate property management for mortgagors purchasing dwellings with two to three units.
Requires the mortgagee to provide the mortgagor with an option for notice of foreclosure prevention counseling, to be provided 60 days after delinquency.
Requires the Secretary to monitor and make necessary adjustments to mortgage premiums and underwriting standards, including limiting the availability of mortgage insurance, to ensure that the Mutual Mortgage Insurance Fund (MMIF) shall continue to generate a negative credit subsidy.
Requires a mortgagor credit evaluation by the Federal Housing Administration's (FHA) Technology Open To Approved Lenders (TOTAL) Mortgage Scorecard or other standardized credit scoring system.
Requires any mortgage involving a property on which is located a dwelling designed principally for a two- or three-family residence to meet any additional underwriting standards the Secretary may establish.
Requires a written mortgagee disclosure to the mortgagor of incremental costs.
Declares that the aggregate number of mortgages insured under this Act may not exceed 10% of the aggregate number of FHA mortgages and loans insured in the preceding fiscal year.
Sets the maximum aggregate number of insured program mortgages under this Act at 50,000.
Requires suspension of the program if the FHA single-family claim rate exceeds 3.5%.
Sunsets the program after September 30, 2010.
Directs the Comptroller General to: (1) report to Congress annually on the performance of mortgages insured under this Act; and (2) study and report to Congress on the financial soundness of the MMIF, and the impact of any expansion or extension upon it, if authority to insure mortgages is either expanded to more than 50,000 mortgages, or is extended to a date after September 30, 2010 (including any permanent extension of such authority). | {"src": "billsum_train", "title": "To authorize the Secretary of Housing and Urban Development to carry out a pilot program to insure zero-downpayment mortgages for one-unit residences."} | 3,320 | 544 | 0.623413 | 2.013328 | 0.837889 | 2.887387 | 6.592342 | 0.90991 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard Technician Equity
Act''.
SEC. 2. TITLES 10 AND 32, UNITED STATES CODE, AMENDMENTS REGARDING
NATIONAL GUARD TECHNICIANS AND RELATED PROVISIONS.
(a) Authority To Employ Technician as Non-Dual Status Technician
After 20 Years of Creditable Service.--Subsection (c) of section 709 of
title 32, United States Code, is amended to read as follows:
``(c) A person shall have the right to be employed under subsection
(a) as a non-dual status technician (as defined by section 10217 of
title 10) if--
``(1) the technician position occupied by the person has
been designated by the Secretary concerned to be filled only by
a non-dual status technician; or
``(2) the person occupying the technician position has at
least 20 years of creditable service as a military technician
(dual status).''.
(b) Exception to Dual-Status Employment Condition of Membership in
Selected Reserve.--Section 10216 of title 10, United States Code, is
amended--
(1) in subsection (a)(1)(B), by inserting ``subject to
subsection (d),'' before ``is required''; and
(2) in subsection (d)(1), by striking ``Unless specifically
exempted by law'' and inserting ``Except as provided in section
709(c)(2) of title 32 or as otherwise specifically exempted by
law''.
(c) Continued Compensation After Loss of Membership in Selected
Reserve.--Subsection (e) of section 10216 of title 10, United States
Code, is amended to read as follows:
``(e) Continued Compensation After Loss of Membership in Selected
Reserve.--Funds appropriated for the Department of Defense may continue
to be used to provide compensation to a military technician who was
hired as a military technician (dual status), but who is no longer a
member of the Selected Reserve.''.
(d) Repeal of Permanent Limitations on Number of Non-Dual Status
Technicians.--Section 10217 of title 10, United States Code, is amended
by striking subsection (c).
(e) Technician Restricted Right of Appeal and Adverse Actions
Covered.--
(1) Rights of grievance, arbitration, appeal, and review
beyond ag.--Section 709 of title 32, United States Code, is
amended--
(A) in subsection (f)--
(i) in the matter preceding paragraph (1),
by striking ``Notwithstanding any other
provision of law and under'' and inserting
``Under''; and
(ii) in paragraph (4), by striking ``a
right of appeal'' and inserting ``subject to
subsection (j), a right of appeal''; and
(B) by adding at the end the following new
subsection:
``(j)(1) Notwithstanding subsection (f)(4) or any other provision
of law, a technician and a labor organization that is the exclusive
representative of a bargaining unit including the technician shall have
the rights of grievance, arbitration, appeal, and review extending
beyond the adjutant general of the jurisdiction concerned and to the
Merit Systems Protection Board and thereafter to the United States
Court of Appeals for the Federal Circuit, in the same manner as
provided in sections 4303, 7121, and 7701-7703 of title 5, with respect
to a performance-based or adverse action imposing removal, suspension
for more than 14 days, furlough for 30 days or less, or reduction in
pay or pay band (or comparable reduction).
``(2) This subsection does not apply to a technician who is serving
under a temporary appointment or in a trial or probationary period.''.
(2) Adverse actions covered.--Section 709(g) of title 32,
United States Code, is amended by striking ``7511, and 7512''.
(3) Conforming amendment.--Section 7511(b) of title 5,
United States Code, is amended--
(A) by striking paragraph (5); and
(B) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively.
(f) Technician Seniority Rights During RIF.--Subsection (g) of
section 709 of title 32, United States Code, as amended by subsection
(e)(2), is amended to read as follows:
``(g) Section 2108 of title 5 does not apply to a person employed
under this section.''.
(g) Availability of Certain Enlistment, Reenlistment, and Student
Loan Benefits for Military Technicians.--Section 10216 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(h) Eligibility for Bonuses and Other Benefits.--(1) If an
individual becomes employed as a military technician (dual status)
while the individual is already a member of a reserve component, the
Secretary concerned may not require the individual to repay any
enlistment, reenlistment, or affiliation bonus provided to the
individual in connection with the individual's enlistment or
reenlistment before such employment.
``(2) Even though an individual employed as a military technician
(dual status) is required as a condition of that employment to maintain
membership in the Selected Reserve, the individual shall not be
precluded from receiving an enlistment, reenlistment, or affiliation
bonus nor be denied the opportunity to participate in an educational
loan repayment program under chapter 1609 of this title as an
additional incentive for the individual to accept and maintain such
membership''.
(h) Repeal of Prohibition Against Overtime Pay for National Guard
Technicians.--Section 709(h) of title 32, United States Code, is
amended by striking the second sentence and inserting the following new
sentence: ``The Secretary concerned shall pay a technician for
irregular or overtime work at a rate equal to one and one-half times
the rate of basic pay applicable to the technician, except that, at the
request of the technician, the Secretary may grant the technician,
instead of such pay, an amount of compensatory time off from the
technician's scheduled tour of duty equal to the amount of time spent
in such irregular or overtime work.''.
SEC. 3. TITLE 5, UNITED STATES CODE, AMENDMENTS REGARDING NATIONAL
GUARD TECHNICIANS AND RELATED PROVISIONS.
(a) Lowering Retirement Age.--
(1) Amendment to fers.--Subsection (c) of section 8414 of
title 5, United States Code, is amended to read as follows:
``(c)(1) Under the circumstances described in paragraph (2), an
employee who is separated from service as a military technician (dual
status) is entitled to an annuity if the separation is by reason of
either--
``(A) separating from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the
Secretary concerned for the position involved.
``(2) Except as provided in paragraph (3), paragraph (1) applies to
a military technician (dual status) who is separated--
``(A) after completing 25 years of service as such a
technician, or
``(B) after becoming 50 years of age and completing 20
years of service as such a technician.
``(3) Paragraph (1) does not apply if separation or removal is for
cause on charges of misconduct or delinquency.''.
(2) Amendment to csrs.--Section 8336 of title 5, United
States Code, is amended by adding at the end the following new
subsection:
``(q)(1) Under the circumstances described in paragraph (2), an
employee who is separated from service as a military technician (dual
status) is entitled to an annuity if the separation is by reason of
either--
``(A) separating from the Selected Reserve; or
``(B) ceasing to hold the military grade specified by the
Secretary concerned for the position involved.
``(2) Except as provided in paragraph (3), paragraph (1) applies to
a military technician (dual status) who is separated--
``(A) after completing 25 years of service as such a
technician, or
``(B) after becoming 50 years of age and completing 20
years of service as such a technician.
``(3) Paragraph (1) does not apply if separation or removal is for
cause on charges of misconduct or delinquency.''.
(b) Adequate Leave Time for Military Activations.--Section
6323(a)(1) of title 5, United States Code, is amended by striking the
last sentence and inserting the following new sentence: ``Leave under
this subsection accrues for an employee or individual at the rate of 30
days per fiscal year and, to the extent that such leave is not used by
the employee or individual during the fiscal year accrued, accumulates
without limitation for use in succeeding fiscal years.''.
(c) Improved Health Care Benefits.--
(1) FEHBP changes.--Subparagraph (B) of section 8906(e)(3)
of title 5, United States Code, is amended to read as follows:
``(B) An employee referred to in subparagraph (A) is an employee
who--
``(i) is enrolled in a health benefits plan under this
chapter;
``(ii) is a member of a reserve component of the Armed
Forces;
``(iii) is placed on leave without pay or separated from
service to perform the active duty or other duties described in
clause (iv); and
``(iv) is called or ordered to--
``(I) active duty in support of a contingency
operation (as defined in section 101(a)(13) of title
10);
``(II) active duty for a period of more than 30
consecutive days;
``(III) active duty under section 12406 of title
10;
``(IV) perform training or other duties described
under paragraph (1) or (2) of section 502(f) of title
32; or
``(V) while not in Federal service, perform duties
related to an emergency declared by the chief executive
of a State, the District of Columbia, the Commonwealth
of Puerto Rico, or a territory or possession of the
United States.''.
(2) Study and report.--
(A) In general.--Within 6 months after the date of
the enactment of this Act, the Secretary of Defense and
the Director of the Office of Personnel Management
shall jointly conduct a study and submit to Congress a
report--
(i) evaluating the feasibility of
converting military technicians from FEHBP
coverage to coverage provided under the TRICARE
or TRICARE Reserve Select program (or both);
and
(ii) identifying any problems associated
with the conversion of military technicians
from FEHBP coverage to coverage provided under
chapter 55 of title 10, United States Code,
during contingency operations.
(B) Definitions.--For purposes of this subsection--
(i) the term ``FEHBP coverage'' means
coverage provided under chapter 89 of title 5,
United States Code; and
(ii) the term ``contingency operation'' has
the meaning given that term in section
101(a)(13) of title 10, United States Code.
SEC. 4. REDUCTION IN ELIGIBILITY AGE FOR RETIREMENT FOR NON-REGULAR
SERVICE.
Section 12731(f) of title 10, United States Code, is amended by
striking ``60 years of age'' both places it appears and inserting ``55
years of age''. | National Guard Technician Equity Act - Provides a person the right to be employed as a non-dual status technician if: (1) the technician position has been designated to be filled only by a non-dual status technician, or (2) the person occupying the technician position has at least 20 years of service as a dual status military technician.
Repeals: (1) the permanent limitation on the number of non-dual status technicians, and (2) the prohibition against overtime pay for National Guard technicians.
Provides for: (1) continued compensation for a military technician who was hired as a dual status technician but who is no longer a member of the Selected Reserve; and (2) certain enlistment, reenlistment, and student loan benefits for military technicians.
Provides for a technician's rights of grievance, arbitration, appeal, and review beyond the current stage of the adjutant general of the jurisdiction concerned.
Makes a dual status military technician eligible for early retirement if separating from the Selected Reserve or ceasing to hold a specified military grade after: (1) completing 25 years of technician service, or (2) becoming 50 years old and completing 20 years of such service.
Increases annual paid employment leave to 30 days for reserve or National Guard duty.
Revises specified provisions regarding employer health plan contributions for members of a reserve component of the Armed Forces.
Reduces to 55 the eligibility age for retired pay for non-regular service. | {"src": "billsum_train", "title": "To amend titles 5, 10, and 32, United States Code, to eliminate inequities in the treatment of National Guard technicians, to reduce the eligibility age for retirement for non-Regular service, and for other purposes."} | 2,641 | 314 | 0.665855 | 1.977673 | 0.861516 | 3.803509 | 8.287719 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Citizens' Protection at
Federal Events Act''.
SEC. 2. PROHIBITION ON CARRYING FIREARM NEAR A PLACE WHERE A SENIOR
FEDERAL OFFICIAL IS HOLDING AN OFFICIAL PUBLIC EVENT OR
CARRYING OUT AN OFFICIAL OR REPRESENTATIONAL DUTY, OR
WHERE ANY PERSON IS CAMPAIGNING FOR FEDERAL ELECTIVE
OFFICE.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa)(1) Except as provided in paragraph (2), it shall be unlawful
for any person, in or affecting interstate or foreign commerce, to
knowingly carry a firearm at a place which the person knows is a
restricted firearms zone.
``(2) In a prosecution for an alleged violation of paragraph (1),
it shall be an affirmative defense, which may be established by a
preponderance of the evidence, that, at the time of the alleged
violation--
``(A) the person was a law enforcement officer (whether on-
or off-duty) authorized to carry a firearm in the line of duty;
or
``(B) the person was carrying the firearm pursuant to the
permission of a law enforcement officer;
``(C) the person was a designated Federal protectee;
``(D) the person had the permission of a designated Federal
protectee in the restricted firearms zone to carry a firearm in
the zone while the place that constitutes the zone is treated
as such for purposes of this subsection;
``(E) the person was carrying the firearm only on the
premises of a business in which the person is employed and
authorized by the employer to carry the firearm;
``(F) the person was carrying the firearm only on real
property owned or rented by the person;
``(G) the person was a qualified retired law enforcement
officer (as defined in section 926C(c)) carrying the
identification required by section 926C(d)); or
``(H)(i) the firearm possessed by the person was unloaded,
and was in a locked container or otherwise not readily
accessible for use; and
``(ii) any ammunition possessed by the person for the
firearm was in a locked container separate from the firearm.
``(3) Violations of this subsection shall be investigated by the
Federal Bureau of Investigation. Assistance may be requested from any
Federal, State, or local agency, any statute, rule, or regulation to
the contrary (other than section 374 or 375 of title 10, or section
1385 of this title) notwithstanding.''.
(b) Definitions.--Section 921(a) of such title is amended by adding
at the end the following:
``(36)(A) The term `restricted firearms zone' means within 1,000
feet of the exterior of any building or structure in which, or at any
other fixed place where--
``(i) a senior Federal official is, within 30 minutes will
be, or within the past 30 minutes was--
``(I) holding an official event that is open to the
public; or
``(II) carrying out an official or representational
duty; or
``(ii) a designated Federal protectee is, within 30 minutes
will be, or within the past 30 minutes was engaging in campaign
activity as a candidate for election for Federal office for
purposes of the Federal Election Campaign Act of 1971.
``(B) In subparagraph (A), the term `designated Federal protectee'
means a senior Federal official, or an individual who is a candidate
for election for Federal office for purposes of the Federal Election
Campaign Act of 1971.
``(C) In this paragraph, the term `senior Federal official' means
an individual who is the President of the United States, the President-
elect, the Vice President, or, if there is no Vice President, the
officer next in the order of succession to the Office of the President
of the United States, the Vice President-elect, any person who is
acting as President under the Constitution and laws of the United
States, a Member of Congress, a Member-of-Congress-elect, a member of
the executive branch of the Government who is the head of a department
listed in section 101 of title 5, the Director of Central Intelligence,
a judge or justice of the Supreme Court or of any court created by Act
of Congress (other than a magistrate judge appointed under section 631
of title 28, United States Code), an individual nominated for any of
the foregoing positions, during the pendency of the nomination.
``(D) In subparagraph (C), the terms `President-elect' and `Vice-
President-elect' mean such persons as are the apparent successful
candidates for the offices of President and Vice President,
respectively, as ascertained from the results of the general elections
held to determine the electors of President and Vice President in
accordance with sections 1 and 2 of title 3.''.
(c) Penalties.--Section 924(a) of such title is amended by adding
at the end the following:
``(8) Whoever knowingly violates section 922(aa) shall be fined
under this title, imprisoned not more than 10 years, or both.''. | Securing Citizens' Protection at Federal Events Act - Amends the federal criminal code to prohibit any person from carrying a firearm at a place which the person knows is a restricted firearms zone.
Defines "restricted firearms zone" to mean within 1,000 feet of any structure in which, or at any other fixed place where: (1) a senior federal official is, within 30 minutes will be, or within the past 30 minutes was, holding an official event that is open to the public or carrying out an official or representational duty; or (2) such an official or a candidate for election for federal office is, will be, or was engaging in campaign activity as a candidate for election for federal office.
Includes as affirmative defenses: (1) the person was a law enforcement officer, a designated federal protectee, or an individual employed and authorized by the employer to carry the firearm; (2) the person was carrying the firearm only on real property owned or rented by the person; and (3) the firearm was unloaded and in a locked container or otherwise not readily accessible for use and any ammunition was in a locked container separate from the firearm.
Establishes penalties for violations. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to prohibit the carrying of a firearm near a place where a senior Federal official is holding an official public event or carrying out an official or representational duty, or where any person is campaigning for Federal elective office."} | 1,234 | 251 | 0.637524 | 1.913921 | 0.706443 | 5.626609 | 4.712446 | 0.957082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom from Government Competition
Act of 1996''.
SEC. 2. FINDINGS.
Congress finds and declares that--
(1) private sector business concerns, which are free to
respond to the private or public demands of the marketplace,
constitute the strength of the American economic system;
(2) competitive private enterprises are the most
productive, efficient, and effective sources of goods and
services;
(3) Government competition with the private sector of the
economy is detrimental to the American economic system;
(4) Government competition with the private sector of the
economy is at an unacceptably high level, both in scope and in
dollar volume;
(5) current law and policy have failed to address
adequately the problem of Government competition with the
private sector of the economy; and
(6) it is in the public interest that the Government
establish a consistent policy to rely on the private sector of
the economy to provide goods and services necessary for or
beneficial to the operation and management of Government
agencies and to avoid Government competition with the private
sector of the economy.
SEC. 3. PROCUREMENT FROM PRIVATE SOURCES.
(a) General Rule.--Notwithstanding any other provision of law,
except as provided in subsection (b), each agency shall obtain all
goods and services necessary for or beneficial to the accomplishment of
its authorized functions by procurement from private sources.
(b) Exceptions.--Subsection (a) does not apply to the following
goods and services required by an agency:
(1) Goods or services that are required by a law enacted
after the date of the enactment of this Act to be produced or
performed, respectively, by the agency.
(2) Any goods or services for which the head of the agency
determines and certifies to Congress in accordance with
regulations promulgated by the Director of the Office of
Management and Budget that--
(A) it is necessary in the interests of national
security that the Government produce, manufacture, or
provide the goods or services;
(B) the goods or services are so inherently
governmental in nature that it is in the public
interest to require production or performance,
respectively, by Government employees; or
(C) commercial practices are not sufficient to
satisfy unique requirements of the agency for the goods
or services.
SEC. 4. PROCUREMENTS FROM STATE AND LOCAL GOVERNMENTS.
In any case in which the head of an agency determines that goods or
services required by the agency are so inherently governmental in
nature that it is in the public interest to require production or
performance, respectively, by Government employees, the head of the
agency shall determine whether the requirements of the agency for such
goods or services can be satisfied by a State or local government and,
if so, shall attempt to procure the goods or services from that source.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Regulations.--
(1) In general.--The Director of the Office of Management
and Budget shall promulgate such regulations as the Director
considers necessary to carry out sections 3 and 4.
(2) Emphasis on procurement from private sources.--The
regulations shall emphasize the preference set forth in section
3 for procuring goods and services from private sources.
(b) Oversight.--The Director of the Office of Management and Budget
and the heads of agencies shall vigorously monitor the compliance of
agencies with the requirements of this Act and report to Congress any
significant failure of an agency to comply with any such requirement.
SEC. 6. STUDY AND REPORT.
(a) Study.--The Director of the Office of Management and Budget
shall carry out a study to identify all activities of agencies that are
inconsistent with the requirements of section 3.
(b) Report.--
(1) Requirement.--The Director shall transmit a report on
the study to Congress within one year after the date of
enactment of this Act.
(2) Content.--The report shall include a list of all
procurement activities identified by the study and a schedule
for the transfer of such activities to the private sector of
the economy. The schedule included in the report shall provide
for the completion of the transfer within five years after the
date on which such report is transmitted to Congress.
(c) Coordination With Comptroller General.--The Director--
(1) shall coordinate the study under subsection (a) and the
preparation and transmittal of the report under subsection (b)
with the Comptroller General of the United States; and
(2) in preparing the study, shall obtain representative
views of the private sector.
SEC. 7. DEFINITIONS.
(a) Agency.--As used in this Act, the term ``agency'' means--
(1) an executive department as defined by section 101 of
title 5, United States Code;
(2) a military department as defined by section 102 of such
title; and
(3) an independent establishment as defined by section
104(l) of such title.
(b) Inherently Governmental Services.--(1) For the purposes of
section 3(b)(2)(B), services constituting the performance of an
inherently governmental function shall be considered inherently
governmental services.
(2)(A) For the purposes of paragraph (1), a function shall be
considered an inherently governmental function if the function is so
intimately related to the public interest as to mandate performance by
Government employees. Such functions include activities that require
either the exercise of discretion in applying Government authority or
the making of value judgments in making decisions for the Government,
including judgments relating to monetary transactions and entitlements.
An inherently governmental function involves, among other things, the
interpretation and execution of the laws of the United States so as
to--
(i) bind the United States to take or not to take some
action by contract, policy, regulation, authorization, order,
or otherwise;
(ii) determine, protect, and advance its economic,
political, territorial, property, or other interests by
military or diplomatic action, civil or criminal judicial
proceedings, contract management, or otherwise;
(iii) significantly affect the life, liberty, or property
of private persons;
(iv) commission, appoint, direct, or control officers or
employees of the United States; or
(v) exert ultimate control over the acquisition, use, or
disposition of the property, real or personal, tangible or
intangible, of the United States, including the control or
disbursement of appropriated and other Federal funds.
(B) For the purposes of paragraph (1), inherently governmental
functions do not normally include--
(i) gathering information for or providing advice,
opinions, recommendations, or ideas to Government officials; or
(ii) any function that is primarily ministerial or internal
in nature (such as building security, mail operations,
operation of cafeterias, housekeeping, facilities operations
and maintenance, warehouse operations, motor vehicle fleet
management and operations, or other routine electrical or
mechanical services). | Freedom from Government Competition Act of 1996 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, except as specified.
Provides for a study and report. | {"src": "billsum_train", "title": "Freedom from Government Competition Act of 1996"} | 1,473 | 52 | 0.515938 | 1.299274 | 0.587812 | 4.891304 | 31.043478 | 0.891304 |
SECTION 1. EXTENDED PHASE-IN OF THE INPATIENT REHABILITATION FACILITY
CLASSIFICATION CRITERIA.
(a) In General.--Section 5005 of the Deficit Reduction Act of 2005
is amended--
(1) in subsection (a), by striking ``apply the applicable
percent specified in subsection (b)'' and inserting ``require a
compliance rate that is no greater than the 60 percent
compliance rate that became effective for cost reporting
periods beginning on or after July 1, 2006''; and
(2) by amending subsection (b) to read as follows:
``(b) Continued Use of Comorbidities.--For cost reporting periods
beginning on or after July 1, 2008, the Secretary shall include
patients with comorbidities as described in section 412.23(b)(2)(i) of
title 42, Code of Federal Regulations (as in effect as of January 1,
2007), in the inpatient population that counts towards the percent
specified in subsection (a).''.
(b) Medical Necessity Criteria for Beneficiaries Served in
Rehabilitation Hospitals and Units.--The Centers for Medicare &
Medicaid Services and Medicare fiscal intermediaries, Medicare
administrative contractors, recovery audit contractors, and other
government agents shall use and apply the criteria established in HCFA
Ruling 85-2, as issued on July 31, 1985 (50 Fed. Reg. 31040), as the
sole standard for determining the medical necessity of services
provided by inpatient rehabilitation hospitals and units to Medicare
beneficiaries under title XVIII of the Social Security Act.
SEC. 2. RECOMMENDATIONS FOR CLASSIFYING INPATIENT REHABILITATION
HOSPITALS AND UNITS.
(a) Report to Congress.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Health and Human Services,
in consultation with physicians, administrators of inpatient
rehabilitation and acute care hospitals, Medicare beneficiaries, and
trade organizations representing inpatient rehabilitation hospitals and
units, shall submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report
that includes--
(1) an examination of the impact of the 75 percent rule on
the Medicare program and the specific impact of the rule on
Medicare beneficiaries; and
(2) alternatives to the 75 percent rule policy for
determining exclusion criteria for inpatient rehabilitation
hospital and unit designation under the Medicare program,
including determining clinical appropriateness of inpatient
rehabilitation hospital and unit admissions, and including
alternative criteria based solely on a measure of a patient's
functional status which is independent of diagnosis.
For the purposes of this section, the term ``75 percent rule'' means
the requirement of section 412.23(b)(2) of title 42, Code of Federal
Regulations, that 75 percent of the patients of a rehabilitation
hospital or converted rehabilitation unit are in 1 or more of 13 listed
treatment categories.
(b) Considerations.--In developing the report described in
subsection (a), the Secretary shall include the following:
(1) The effect of the 75 percent rule on access to
inpatient hospital rehabilitation care by Medicare
beneficiaries and the effectiveness of care available to such
beneficiaries in other health care settings.
(2) A comparative analysis of the overall Medicare system
costs, including Medicare expenditures to acute care hospitals,
home health agencies, skilled nursing facilities, and long-term
care hospitals, resulting from implementation of the 75 percent
rule.
(3) A analysis that compares the quality, cost, and patient
outcomes of inpatient rehabilitation services among different
post-acute care settings, including whether the Medicare
program and Medicare beneficiaries may incur higher costs of
care for the entire episode of illness because of factors such
as--
(A) readmissions to acute care hospitals that could
have been avoided absent the 75 percent rule; or
(B) extended lengths of stay in post-acute settings
other than a rehabilitation hospital or unit because
beneficiaries were denied access to care in such a
hospital or unit due to the 75 percent rule.
SEC. 3. TECHNICAL CORRECTION FOR INPATIENT REHABILITATION HOSPITALS AND
UNITS NOMENCLATURE.
(a) In General.--Section 1886(j) of the Social Security Act (42
U.S.C. 1395ww(j)) is amended--
(1) in paragraph (1)(A), by striking ``(in this subsection
referred to as a `rehabilitation facility'), other than a
facility'' and inserting ``other than a hospital or unit'';
(2) by striking ``rehabilitation facility'' and
``facility'' and inserting ``inpatient rehabilitation hospital
or a rehabilitation unit'' and ``hospital or unit'',
respectively, each place it appears;
(3) by striking ``rehabilitation facilities'' and inserting
``inpatient rehabilitation hospitals or rehabilitation units''
each place it appears; and
(4) in paragraph (6), by striking ``rehabilitation
facilities' costs'' and inserting ``costs of inpatient
rehabilitation hospitals or rehabilitation units''.
(b) Use of the Term ``IRH/U''.--The Secretary of Health and Human
Services shall, under regulation and Medicare program guidance, use the
term ``inpatient rehabilitation hospital/unit'' or ``IRH/U'' to refer
to entities receiving payment for inpatient rehabilitation services
under section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)).
SEC. 4. EFFECTIVE DATE.
Sections 1 and 3 of this Act shall take effect on July 1, 2007, and
section 2 shall take effect on the date of the enactment of this Act. | Amends the Deficit Reduction Act of 2005 to revise the classification criterion used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility under title XVIII (Medicare) of the Social Security Act. Eliminates the current schedule of applicable percentages. Directs the Secretary of Health and Human Services, instead, to require in the classification criterion a compliance rate no greater than the 60% compliance rate that became effective for cost reporting periods beginning on or after July 1, 2006.
Requires the Secretary, for cost reporting periods beginning on or after July 1, 2008, to include patients with comorbidity in the inpatient population that counts towards such 60% compliance rate.
Requires the Centers for Medicare & Medicaid Services and Medicare fiscal intermediaries, Medicare administrative contractors, recovery audit contractors, and other government agents to use and apply the criteria established in HCFA Ruling 85-2, as issued on July 31, 1985, as the sole standard for determining the medical necessity of servivces provided by inpatient rehabilitation hospitals and units to Medicare beneficiaries.
Directs the Secretary to report to specified congressional committees: (1) an examination of the impact of the 75% rule on the Medicare program, and specifically on Medicare beneficiaries; and (2) alternatives to the 75% rule policy for determining exclusion criteria for inpatient rehabilitation hospital and unit designation under the Medicare program. | {"src": "billsum_train", "title": "To improve Medicare beneficiary access by extending the 60 percent compliance threshold used to determine whether a hospital or unit of a hospital is an inpatient rehabilitation facility."} | 1,261 | 295 | 0.731394 | 2.244897 | 0.824181 | 5.333333 | 4.29845 | 0.906977 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Assuring and
Improving Cancer Treatment Education and Cancer Symptom Management Act
of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE
MEDICARE PROGRAM
Sec. 101. Medicare coverage of comprehensive cancer patient treatment
education services.
TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT
Sec. 201. Expansion of research.
Sec. 202. Nursing intervention research grants.
Sec. 203. Institute of Medicine study on the provision of symptom
management and supportive care in people
with cancer.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Many people with cancer experience side effects,
symptoms, and late complications associated with their disease
and their treatment, which can have a serious adverse impact on
their health, well-being, and quality of life.
(2) Many side effects and symptoms associated with cancer
and its treatment can be reduced or controlled by the provision
of timely symptom management and services and also by educating
people with cancer and their caregivers about the potential
effects before treatment begins.
(3) Studies have found that individualized educational
intervention for cancer pain management from a registered nurse
was effective for patients with cancer being treated in
outpatient and home-based settings. Similarly, the number of
caregivers who said they were well informed and confident about
caregiving after attending a family caregiver cancer education
program which increased after program attendance.
(4) People with cancer benefit from having an educational
session with oncology nurses in advance of the initiation of
treatment to learn how to reduce the risk of and manage adverse
effects and maximize well-being. Helping patients to manage
their side effects reduces adverse events and the need for
urgent or inpatient care.
(5) The Oncology Nursing Society has received reports from
its members that, because the Medicare program and other payers
do not cover the provision of patient treatment education,
patients and their caregivers often do not receive adequate
education before the onset of such patients' treatment for
cancer regarding the course of such treatment and the possible
side effects and symptoms such patients may experience. The
Oncology Nursing Society recommends that all patients being
treated for cancer have a one-on-one educational session with a
nurse in advance of the onset of such treatment so that such
patients and their caregivers receive the information they need
to help minimize adverse events related to such treatment and
maximize the well-being of such patients.
(6) Insufficient or non-existent Medicare payments coupled
with poor investment in symptom management research contribute
to the inadequate education of patients, poor management and
monitoring of cancer symptoms, and inadequate handling of late
effects of cancer and its treatment.
(7) People with cancer often do not have the symptoms
associated with their disease and the associated treatment
managed in a comprehensive or appropriate manner.
(8) People with cancer deserve to have access to
comprehensive care that includes appropriate treatment and
symptom management.
(9) Patients who receive infused chemotherapy likely obtain
some treatment education during the course of the
administration of their treatment; yet, many do not, and
individuals who may receive a different type of cancer care,
such as radiation or surgical interventions or oral
chemotherapy taken at home, likely do not receive treatment
education during their treatment.
(10) Comprehensive cancer care must include access to
services and management associated with nausea, vomiting,
fatigue, depression, pain, and other symptoms.
(11) The Institute of Medicine report, ``Ensuring Quality
Cancer Care'' asserts that ``much can be done to relieve the
symptoms, ease distress, provide comfort, and in other ways
improve the quality of life of someone with cancer. For a
person with cancer, maintenance of quality of life requires, at
a minimum, relief from pain and other distressing symptoms,
relief from anxiety and depressions, including the fear of
pain, and a sense of security that assistance with be readily
available if needed.''.
(12) The Institute of Medicine report, ``Cancer Care for
the Whole Patient: Meeting Psychosocial Health Needs''
recognizes that cancer patients' psychosocial needs include
information about their therapies and the potential side
effects.
(13) As more than half of all cancer diagnoses occur among
individuals age 65 and older, the challenges of managing cancer
symptoms are growing for patients enrolled in the Medicare
program.
(14) Provision of Medicare payment for comprehensive cancer
patient treatment education, coupled with expanded cancer
symptom management research, will help improve care and quality
of life for people with cancer from the time of diagnosis
through survivorship or end of life.
TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE
MEDICARE PROGRAM
SEC. 101. MEDICARE COVERAGE OF COMPREHENSIVE CANCER PATIENT TREATMENT
EDUCATION SERVICES.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x), as amended by section 114(a) of the Medicare, Medicaid, and
SCHIP Extension Act of 2007, 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) comprehensive cancer patient treatment education
services (as defined in subsection (ddd)(1));''; and
(2) by adding at the end the following new subsection:
``Comprehensive Cancer Patient Treatment Education Services
``(ddd)(1) The term `comprehensive cancer patient treatment
education services' means--
``(A) in the case of an individual who is diagnosed
with cancer, the provision of a one-hour patient
treatment education session delivered by a registered
nurse that--
``(i) is furnished to the individual and
the caregiver (or caregivers) of the individual
in advance of the onset of treatment and to the
extent practicable, is not furnished on the day
of diagnosis or on the first day of treatment;
``(ii) educates the individual and such
caregiver (or caregivers) to the greatest
extent practicable, about all aspects of the
care to be furnished to the individual, informs
the individual regarding any potential
symptoms, side-effects, or adverse events, and
explains ways in which side effects and adverse
events can be minimized and health and well-
being maximized, and provides guidance
regarding those side effects to be reported and
to which health care provider the side effects
should be reported;
``(iii) includes the provision, in written
form, of information about the course of
treatment, any responsibilities of the
individual with respect to self-dosing, and
ways in which to address symptoms and side-
effects; and
``(iv) is furnished, to the greatest extent
practicable, in an oral, written, or electronic
form that appropriately takes into account
cultural and linguistic needs of the individual
in order to make the information comprehensible
to the individual and such caregiver (or
caregivers); and
``(B) with respect to an individual for whom a
course of cancer treatment or therapy is materially
modified, a one-hour patient treatment education
session described in subparagraph (A), including
updated information on the matters described in such
subparagraph should the individual's oncologic health
care professional deem it appropriate and necessary.
``(2) In establishing standards to carry out paragraph (1),
the Secretary shall consult with appropriate organizations
representing providers of oncology patient treatment education
services and organizations representing people with cancer.''.
(b) Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
1395l(a)(1)) is amended--
(1) by striking ``and'' before ``(V)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (W) with respect to comprehensive cancer
patient treatment education service (as defined in section
1861(ddd)(1)), 150 percent of the payment rate established
under section 1848 for diabetes outpatient self-management
training services (as defined in section 1861(qq)), determined
and applied without regard to any coinsurance''.
(c) Coverage.--Section 1862(a)(1) of such Act (42 U.S.C.
1395y(a)(1)) is amended--
(1) in subparagraph (M), by striking ``or'' at the end;
(2) in subparagraph (N), by striking the semicolon at the
end and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(O) in the case of comprehensive cancer patient treatment
education services (as defined in subsection (ddd)(1)) which
are performed more frequently than is covered under such
section;''.
(d) No Impact on Payment for Other Services.--Nothing in this
section shall be construed to affect or otherwise authorize any
reduction or modification, in the Medicare payment amounts otherwise
established for chemotherapy infusion or injection codes with respect
to the calculation and payment of minutes for chemotherapy teaching or
related services.
(e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the first day of the first
calendar year that begins after the date of the enactment of this Act.
TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT
SEC. 201. EXPANSION OF RESEARCH.
Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following:
``SEC. 417E. RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT.
``(a) In General.--The Director of NIH shall expand, intensify, and
coordinate programs for the conduct and support of research with
respect to--
``(1) improving the treatment and management of symptoms
and side effects associated with cancer and cancer treatment;
and
``(2) evaluating the role of nursing interventions in the
amelioration of such symptoms and side effects.
``(b) Administration.--The Director of NIH shall carry out this
section--
``(1) through the Director of the Institute; and
``(2) in collaboration with the directors of the National
Institute of Nursing Research, the National Institute of Mental
Health, the National Center on Minority Health and Health
Disparities, the National Center for Complementary and
Alternative Medicine, and the Agency for Healthcare Research
and Quality.''.
SEC. 202. NURSING INTERVENTION RESEARCH GRANTS.
Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.), as amended by section 201, is amended by
adding at the end the following:
``SEC. 417F. NURSING INTERVENTION RESEARCH GRANTS.
``(a) In General.--The Director of NIH shall make grants for
research to be conducted--
``(1) with a registered nurse as the principal
investigator; and
``(2) for the purpose of studying cancer symptom management
care and services delivered by registered nurses to cancer
patients.
``(b) Inclusion of National Research Institutes.--In carrying out
this section, the Director of NIH shall provide for the participation
of the National Cancer Institute, the National Institute of Nursing
Research, and any other national research institute that has been
engaged in research described subsection (a)(2).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2009 through 2013.''.
SEC. 203. INSTITUTE OF MEDICINE STUDY ON THE PROVISION OF SYMPTOM
MANAGEMENT AND SUPPORTIVE CARE IN PEOPLE WITH CANCER.
(a) Report.--
(1) In general.--Not later than 2 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall enter into an arrangement under which the Institute of
Medicine of the National Academy of Sciences (in this section
referred to as the ``Institute'') shall conduct a study and
evaluation, including a report, on the current state of symptom
management, patient treatment education, and supportive care
given to people with cancer.
(2) Specific matters evaluated.--In conducting the study
and evaluation under paragraph (1), the Institute shall--
(A) analyze any barriers to access to, and delivery
of, symptom management, patient treatment education,
and supportive care to people with cancer;
(B) catalogue and evaluate the incentives and
disincentives in the current reimbursement system that
influence whether individuals receive comprehensive
symptom management, patient treatment education, and
supportive care, including adequate and ongoing patient
treatment education;
(C) evaluate the importance of nursing
interventions in the management of symptoms and side
effects of cancer and the associated treatment;
(D) consider such other matters as the Institute
determines appropriate; and
(E) make recommendations to address any barriers,
challenges, or other issues identified through the
study and evaluation.
(3) Scope of review.--In conducting such study and
evaluation, the Institute shall consider a variety of
perspectives, including the perspectives of patients and their
family caregivers, registered nurses, including nurses
certified in oncology, physicians, social workers,
psychologists, other health care professionals, and other
experts and stakeholders.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the arrangement under subsection (a) shall provide for the
Institute to submit to the Secretary and to Congress a report on the
study evaluation conducted under such subsection. Such report shall
contain a detailed description of the findings of such study and
evaluation and recommendations for improving the provision of symptom
management, patient treatment education, and supportive care to people
with cancer.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for the purposes of
conducting the study and evaluation, and preparing the report, required
by this section. | Assuring and Improving Cancer Treatment Education and Cancer Symptom Management Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Extension Act of 2007, to provide for Medicare coverage of comprehensive cancer patient treatment education services.
Amends the Public Health Service Act to direct the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate programs for the conduct and support of research with respect to: (1) improving the treatment and management of symptoms and side effects associated with cancer and cancer treatment; and (2) evaluating the role of nursing interventions in the amelioration of such symptoms and side effects.
Requires the NIH Director to make nursing intervention research grants for studying cancer symptom management care and services delivered by registered nurses.
Directs the Secretary of Health and Human Services to enter into an arrangement under which the Institute of Medicine of the National Academy of Sciences shall evaluate and report to the Secretary and Congress on the current state of symptom management, patient treatment education, and supportive care given to people with cancer. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide comprehensive cancer patient treatment education under the Medicare Program and to provide for research to improve cancer symptom management."} | 3,200 | 234 | 0.560908 | 1.679473 | 0.783467 | 5.873239 | 13.835681 | 0.971831 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Renewable Energy Act of
2010''.
SEC. 2. USE OF RENEWABLE ENERGY TO COMPLY WITH FEDERAL RENEWABLE
ELECTRICITY STANDARD.
Section 610 of the Public Utility Regulatory Policies Act of 1978
(as added by section 132 of the American Clean Energy Leadership Act of
2009) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (10) through (12)
as paragraphs (11) through (13), respectively;
(B) by inserting after paragraph (9) the following:
``(10) Light-pipe technology.--The term `light-pipe
technology' means any equipment that uses a highly reflective
pipe that--
``(A) has a solar collection component and
distribution lens at the respective ends of the
reflective pipe to transport visible solar radiation
from the collection point of the reflective pipe to
illuminate the interior of a building;
``(B) does not generate net interior heat gain; and
``(C) integrates automatic lighting controls to
adjust traditionally powered lighting to satisfy
building lighting requirements.'';
(C) in paragraph (13) (as redesignated by
subparagraph (A))--
(i) by redesignating subparagraphs (A)
through (I) as clauses (i) through (ix),
respectively, and indenting appropriately;
(ii) in the matter preceding clause (i) (as
redesignated by clause (i)), by striking ``The
term `renewable energy' means electric energy''
and inserting the following:
``The term `renewable energy' means--
``(A) electric energy'';
(iii) in clause (ix) (as redesignated by
clause (i)), by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(B) energy produced through the use of customer-
sited renewable energy equipment, including--
``(i) solar water heating;
``(ii) solar water and space heating or
cooling;
``(iii) solar daylight and light-pipe
technology;
``(iv) biogas;
``(v) ground source geothermal heat pump
energy applications; or
``(vi) another renewable energy source
based on innovative technology, as determined
by the Secretary through rulemaking.''; and
(D) by adding at the end the following:
``(14) Solar daylight.--The term `solar daylight' means a
system that--
``(A) uses to convey or diffuse natural light into
a building--
``(i) a prismatic or other lens;
``(ii) glazing that amplifies sunlight;
``(iii) reflectors; or
``(iv) concentrators; and
``(B) does not generate net interior heat gain.'';
and
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (H), by striking ``;
and'' and inserting a semicolon;
(ii) in subparagraph (I)(iv), by striking
the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(J) issue renewable energy credits equal to 100
percent of the electricity (or thermal energy expressed
in an electricity-equivalent) displaced by qualifying
renewable energy equipment, as described in subsection
(a)(13)(B); and
``(K) allocate the credits described in
subparagraph (J) and credits for generators of electric
energy produced through distributed generation
facilities issued under subparagraphs (A), (B), and (C)
to the utility, project owner, and end user that paid
for the purchase, installation, and maintenance of the
qualified renewable energy equipment, on the basis of
the share of the cost incurred.''; and
(B) in paragraph (3), by striking ``or (D)'' and
inserting ``(D), or (J)''. | Support Renewable Energy Act of 2010 - Amends the Public Utility Regulatory Policies Act of 1978, as it would be amended by the American Clean Energy Leadership Act of 2009 as reported to the Senate as an original measure on July 16, 2009 (S.1462), to revise the Federal Renewable Electricity Standard by expanding the definition of "renewable energy" to include energy produced through the use of customer-sited renewable energy equipment, including solar water heating, solar water and space heating or cooling, solar daylight and light-pipe technology, biogas, and ground source geothermal heat pump energy applications. Revises the Federal Renewable Energy and Energy Efficiency Credit Trading Programs by requiring the Secretary of Energy (DOE) to: (1) issue renewable energy credits equal to 100% of the electricity (or thermal energy expressed in an electricity-equivalent) displaced by qualifying renewable energy equipment; and (2) allocate such credits and credits for generators of electric energy produced through distributed generations facilities issued to the utility, project owner, and end user that paid for the purchase, installation, and maintenance of such equipment, on the basis of the cost incurred. | {"src": "billsum_train", "title": "A bill to amend the Public Utility Regulatory Policies Act of 1978 to authorize the Secretary of Energy to promulgate regulations to allow electric utilities to use renewable energy to comply with any Federal renewable electricity standard, and for other purposes."} | 936 | 238 | 0.625425 | 1.886798 | 0.901483 | 4.284404 | 3.981651 | 0.862385 |
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 ``the inventory goal of
at least'' before ``150,000'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``or is
transferred'' and all that follows through the period
and inserting ``for a first-degree relative.''; and
(B) in paragraph (3), by striking ``150,000'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``beginning on
the last date on which the recipient of a contract
under this section receives Federal funds under this
section'' after ``10 years'';
(B) in paragraph (2), by striking ``; and'' and
inserting ``;'';
(C) by redesignating paragraph (3) as paragraph
(5); and
(D) 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) by striking
``150,000'' and all that follows through
``and'' at the end and inserting ``the
inventory goal described in subsection (a) has
not yet been met;'';
(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 paragraphs (1) and (2) and
inserting the following:
``(1) 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.'';
(B) by redesignating paragraph (3) as paragraph
(2); and
(C) in paragraph (2), as so redesignated, by
striking ``in each of fiscal years 2007 through 2009''
and inserting ``for each of 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 Administrator of
the Health Resources and Services Administration, shall submit
to Congress an annual report on the activities carried out
under this section.'';
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``With respect to cord blood,
the Program shall--'' and inserting the
following:
``(A) In general.--With respect to cord blood, the
Program shall--'';
(ii) by redesignating subparagraphs (A)
through (H) as clauses (i) through (viii)
respectively (with appropriate indentation);
(iii) by striking clause (iv), as so
redesignated, and inserting the following:
``(iv) support and expand new and existing
studies and demonstration and outreach projects
for the purpose of increasing cord blood unit
donation and collection from a genetically
diverse population and expanding the number of
cord blood unit collection sites partnering
with cord blood banks receiving a contract
under the National Cord Blood Inventory program
under section 2 of the Stem Cell Therapeutic
and Research Act of 2005, including such
studies and projects that focus on--
``(I) remote collection of cord
blood units, consistent with the
requirements under the Program and the
National Cord Blood Inventory program
goal described in section 2(a) of the
Stem Cell Therapeutic and Research Act
of 2005; and
``(II) exploring novel approaches
or incentives to encourage innovative
technological advances that could be
used to collect cord blood units,
consistent with the requirements under
the Program and such National Cord
Blood Inventory program goal;''; and
(iv) by adding at the end the following:
``(B) Efforts to increase collection of high
quality cord blood units.--In carrying out subparagraph
(A)(iv), not later than 1 year after the date of
enactment of the Stem Cell Therapeutic and Research
Reauthorization Act of 2010 and annually thereafter,
the Secretary shall set an annual goal of increasing
collections of high quality cord blood units,
consistent with the inventory goal described in section
2(a) of the Stem Cell Therapeutic and Research Act of
2005 (referred to in this subparagraph as the
`inventory goal'), and shall identify at least one
project under subparagraph (A)(iv) to replicate and
expand nationwide, as appropriate. If the Secretary
cannot identify a project as described in the preceding
sentence, the Secretary shall submit a plan, not later
than 180 days after the date on which the Secretary was
required to identify such a project, to the Committee
on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House
of Representatives for expanding remote collection of
high quality cord blood units, consistent with the
requirements under the National Cord Blood Inventory
program under section 2 of the Stem Cell Therapeutic
and Research Act of 2005 and the inventory goal. Each
such plan shall be made available to the public.
``(C) Definition.--In this paragraph, the term
`remote collection' means the collection of cord blood
units at locations that do not have written contracts
with cord blood banks for collection support.''; and
(B) in paragraph (3)(A), by striking ``(2)(A)'' and
inserting ``(2)(A)(i)''; 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) Additional Reports.--
(1) Interim report.--In addition to the annual report
required under section 379(a)(6) of the Public Health Service
Act (42 U.S.C. 274k(a)(6)), the Secretary of Health and Human
Services (referred to in this subsection as the ``Secretary''),
in consultation with the Advisory Council established under
such section 379, shall submit to Congress an interim report
not later than 180 days after the date of enactment of this Act
describing--
(A) the methods to distribute Federal funds to cord
blood banks used at the time of submission of the
report;
(B) how cord blood banks contract with collection
sites for the collection of cord blood units; and
(C) recommendations for improving the methods to
distribute Federal funds described in subparagraph (A)
in order to encourage the efficient collection of high-
quality and diverse cord blood units.
(2) Recommendations.--Not later than 1 year after the date
of enactment of this Act, the Advisory Council shall submit
recommendations to the Secretary with respect to--
(A) whether models for remote collection of cord
blood units should be allowed only with limited,
scientifically-justified safety protections; and
(B) whether the Secretary should allow for cord
blood unit collection from routine deliveries without
temperature or humidity monitoring of delivery rooms in
hospitals approved by the Joint Commission.
(d) 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.''.
(e) 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 cash flow requirements and
operations of awarding contracts, the methods by which
funds are distributed through contracts, the impact of
regulatory and administrative requirements, and the
capacity of cord blood banks to maintain high-quality
units;
(B) remote collection 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;
(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; and
(H) a description of the methods used prior to the
date of enactment of this Act to distribute funds to
cord blood banks and recommendations for how to improve
such methods to encourage the efficient collection of
high-quality and diverse cord blood units, consistent
with the requirements of the C.W. Bill Young Cell
Transplantation Program and the National Cord Blood
Inventory program under section 2 of the Stem Cell
Therapeutic and Research Act of 2005.
(f) Definition.--In this Act, the term ``remote collection'' has
the meaning given such term in section 379(d)(2)(C) of the Public
Health Service Act. | Stem Cell Therapeutic and Research Reauthorization Act of 2010 - (Sec. 2) Amends the Stem Cell Therapeutic and Research Act of 2005 to revise provisions related to the National Cord Blood Inventory (the Inventory), including to establish an inventory goal of at least 150,000 new units of cord blood to be made available under the C.W. Bill Young Cell Transplantation Program (the Program). (Currently, the number of units of cord blood is capped at 150,000.)
Revises application requirements for cord blood banks participating in the Inventory to require such banks to: (1) make assurances that cord blood units will be available for direct transplantation until it is released for transplantation for a first degree relative; (2) participate in the Program for a period of at least ten years, beginning on the last date on which the recipient receives federal funds under a contract; (3) 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; and (4) annually provide to the Secretary of Health and Human Services (HHS) a plan for, and demonstrate, ongoing measurable progress toward achieving self-sufficiency of cord blood unit collection and banking operations.
Revises the requirements for a contract extension to make a qualified cord blood bank eligible for a five-year extension if the bank demonstrates a superior ability to satisfy the requirements of the contract and achieve the overall goals for which the contract was awarded.
Redefines the term "first-degree relative" to exclude a parent.
Authorizes appropriations for FY2011-FY2015 for the Inventory.
Amends the Public Health Service Act to require the Program to support and expand studies and demonstration and outreach projects that focus on: (1) remote collection of cord blood units; and (2) novel approaches or incentives to encourage innovative technological advances that could be used to collect cord blood units. Defines "remote collection" to mean the collection of cord blood units at locations that do not have written contracts with cord blood banks for collection support.
Requires the Secretary to: (1) set an annual goal of increasing collections of high quality cord blood units; (2) identify at least one demonstration or outreach project to replicate and expand nationwide, as appropriate; and (3) submit a plan for meeting such goal to the relevant congressional committees if no such project can be identified.
Revises privacy requirements to protect the identity and privacy of patients and donors in accordance with federal and state law.
Requires the Secretary to submit an interim report to Congress within 180 days of enactment of this Act describing: (1) the methods to distribute federal funds to cord blood banks; (2) how cord blood banks contract with collection sites for the collection of cord blood units; and (3) recommendations for improving the methods to distribute federal funds to encourage the efficient collection of high-quality and diverse cord blood units. Directs the Advisory Council on Blood Stem Cell Transplantation to submit recommendations to the Secretary with respect to remote collection of cord blood units.
Authorizes appropriations for FY2011-FY2015 to carry out the Program.
Directs the Comptroller General to submit to the relevant congressional committees and the Secretary a report reviewing studies, demonstration programs, and outreach efforts for the purpose of increasing cord blood unit donation and collection for the Inventory to ensure a high-quality and genetically diverse inventory of cord blood units. | {"src": "billsum_train", "title": "To amend the Stem Cell Therapeutic and Research Act of 2005."} | 3,009 | 733 | 0.692915 | 2.217896 | 0.776956 | 4.241791 | 4.341791 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Steel Industry Retiree Benefits
Protection Act of 2003''.
SEC. 2. EXTENSION OF REFUNDABLE CREDIT TO FORMER EMPLOYERS FOR HEALTH
INSURANCE PAYMENTS FOR CERTAIN STEEL INDUSTRY RETIREES.
(a) In General.--Subsection (a) of section 35 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) In General.--
``(1) Credit allowed to eligible individuals.--In the case
of an individual, there shall be allowed as a credit against
the tax imposed by subtitle A an amount equal to 65 percent of
the amount paid by the taxpayer for coverage of the taxpayer
and qualifying family members under qualified health insurance
for eligible coverage months beginning in the taxable year.
``(2) Credit allowed for payments for eligible steel
industry retirees.--In the case of a qualified steel company,
there shall be allowed as a credit against the tax imposed by
subtitle A an amount equal to 65 percent of the amount paid
during the taxable year by the qualified steel company for
qualifying coverage of an eligible steel industry retiree and
qualifying family members under qualified health insurance.
For purposes of paragraphs (1) and (2), amounts paid for coverage shall
not include any premiums paid for the Medicare supplemental insurance
program established under part B of title XVIII of the Social Security
Act.''.
(b) Qualifying Coverage.--Subsection (g) of section 35 of such Code
(relating to special rules) is amended by redesignating paragraph (9)
as paragraph (10) and inserting after paragraph (8) the following new
paragraph:
``(9) Qualifying coverage.--For purposes of subsection
(a)(2)--
``(A) In general.--Coverage shall not be treated as
qualifying coverage unless at least 50 percent of the
cost of such coverage for all eligible steel industry
retirees who are retired from the applicable qualified
steel company, and qualifying family members,
determined on a combined basis, for such taxable year
is paid or incurred by such qualified steel company.
``(B) Special rule relating to collective
bargaining.--Subparagraph (A) may be satisfied
separately with respect to coverage provided to
eligible steel industry retirees pursuant to a
collective bargaining agreement.''.
(c) Definition of Eligible Steel Industry Retiree.--
(1) In general.--Subsection (c) of section 35 of such Code
is amended by adding at the end the following new paragraph:
``(5) Eligible steel industry retiree.--
``(A) In general.--The term `eligible steel
industry retiree' means, with respect to any month, any
individual who--
``(i) is a retiree of a qualified steel
company, and
``(ii) is receiving retiree health benefits
in accordance with an employee benefit plan
(within the meaning of section 3 (3) of the
Employee Retirement Income Security Act of
1974) which is established, maintained, or
contributed to by the retiree's former employer
and is in effect on or after January 1, 2000,
or is no longer receiving such benefits as a
result of the termination of coverage under
such benefit plan on or after January 1, 2000,
pursuant to an order of bankruptcy court, by
operation of bankruptcy law, or by agreement
with an authorized representative as provided
in section 1114 of title 11, United States
Code.
``(B) Retiree.--For purposes of this paragraph, the
term `retiree' means, with respect to a qualified steel
company, an individual (including any eligible
surviving spouse of an individual) who has met any
years of service or disability requirements under an
employee benefit plan described in subparagraph (A)(ii)
which are necessary to receive retiree health benefits
under the plan, and at least 50 percent of whose years
of service were performed in the United States on
behalf of a qualified steel company.
``(C) Qualified steel company.--The term `qualified
steel company' means--
``(i) a person who was engaged on or before
January 1, 2003, in--
``(I) the production or manufacture
of a steel mill product,
``(II) the mining or processing of
iron ore or beneficiated iron ore
products, or
``(III) the production of coke for
use in a steel mill product, or
``(ii) a labor organization that, in the
aggregate at one or more qualified steel
companies, represents at least 10,000
employees.
``(D) Qualified steel company.--The term `qualified
steel company' includes any person who, on or before
January 1, 2003, was engaged in the transportation of
any steel product or iron ore products solely or
principally for another qualified steel company
described in the preceding sentence, but only if such
person and such other person bear a relationship to
each other specified in section 267(b).''.
(2) Conforming amendments.--
(A) Paragraph (1) of section 35(c) of such Code is
amended by striking ``and'' at the end of subparagraph
(B), by striking the period at the end of subparagraph
(C) and inserting ``, and'', and by adding the
following new subparagraph:
``(D) an eligible steel industry retiree.''.
(B) Paragraph (1) of section 35(d) of such Code is
amended--
(i) in subparagraph (A) by inserting ``, or
the eligible steel industry retiree's,'' after
``taxpayer's'', and
(ii) in subparagraph (B) by inserting ``or
the eligible steel industry retiree'' after
``taxpayer''.
(d) Addition of Steel Retiree Health Benefits to Definition of
Qualified Health Insurance.--Paragraph (1) of section 35(e) of such
Code is amended by adding at the end the following new subparagraphs:
``(K) Coverage under an employee benefit plan of a
qualified steel company or coverage funded by a steel
industry retiree benefits health trust.
``(L) In the case of an eligible steel industry
retiree, coverage under a medicare supplemental policy
(as defined in section 1882(g)(1) of the Social
Security Act), Medicare+Choice plan (as defined in part
C of title XVIII of such Act), and similar plans.''.
(e) Exception From Specified Coverage Rule for Steel Industry
Retirees.--Subsection (f) of section 35 of such Code is amended by
adding at the end the following flush sentence: ``Paragraph (2) shall
not apply in the case of a credit under this section otherwise
allowable to an eligible steel industry retiree and qualifying family
members of such retiree.''.
(f) Special Rule for Qualified Steel Company Payments to a Steel
Industry Retiree Health Benefits Trust.--Subsection (g) of section 35
of such Code, as amended by subsection (b), is further amended by
adding at the end the following new paragraph:
``(10) Treatment of payments by a qualified steel company
to a steel industry retiree health benefits trust.--For
purposes of this section--
``(A) In general.--Amounts paid by a qualified
steel company to a steel industry retiree health
benefits trust shall be treated as amounts paid for
qualifying coverage for purposes of subsection (a)(2)
(determined without regard to paragraph (9)).
``(B) Steel industry retiree health benefits
trust.--The term `steel industry retiree health
benefits trust' means a trust established for the
purpose of paying health and death benefits to eligible
steel industry retirees and qualifying family members
either pursuant to section 501(c)(9) or in connection
with the acquisition by a qualified steel company of
another qualified steel company or of a substantial
portion of the assets of another qualified steel
company.''.
(g) Other Conforming Amendments.--
(1) Section 35(g)(1) of such Code is amended by striking
``subsection (a)'' and inserting ``subsection (a)(1)''.
(2) Section 35(g)(2) of such Code is amended by striking
``162(l) or 213'' and inserting ``162(l), 213, or 419''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Steel Industry Retiree Benefits Protection Act of 2003 - Amends the Internal Revenue Code to allow the 65 percent health insurance costs credit, in the case of a qualified steel company, for qualifying coverage of a qualified steel industry retiree and qualifying family members under a qualified health insurance plan. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to protect the health benefits of steel industry retirees by expanding the availability of the refundable tax credit to the health insurance costs paid by former employers."} | 1,909 | 64 | 0.656917 | 1.509818 | 0.85033 | 3.150943 | 32.169811 | 0.924528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limitation on Assistance to the
Palestinian Authority Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In fiscal year 2005, the United States provided $275
million to the West Bank and Gaza, of which $50 million was
provided directly to the Palestinian Authority.
(2) On January 25, 2006, the militant group Hamas, an
organization designated by the Department of State as a foreign
terrorist organization, won parliamentary elections and control
of the Palestinian government.
(3) The inclusion of Hamas or any other foreign terrorist
organization in a Palestinian government is an implicit
endorsement of anti-American and anti-Israeli terrorist
ideology.
(4) On December 16, 2005, the House of Representatives
overwhelmingly passed House Resolution 575, which asserts that
``terrorist organizations, such as Hamas, should not be
permitted to participate in Palestinian elections until such
organizations recognize Israel's right to exist as a Jewish
state, cease incitement, condemn terrorism, and permanently
disarm and dismantle their terrorist infrastructure''.
(5) House Resolution 575 further asserts that ``the
inclusion of Hamas, or any other terrorist group on the
Department of State's list of foreign terrorist organizations,
in the Palestinian Authority's government will inevitably raise
serious questions for the United States about the commitment of
the Palestinian Authority and its leadership to making peace
with Israel and will potentially undermine the ability of the
United States to have a constructive relationship with, or
provide further assistance to, the Palestinian Authority''.
(6) Hamas is a terrorist organization that has killed more
than 500 people since 1989, including more than two dozen
United States citizens.
(7) The United States has clearly stated that armed
militias attached to political parties are incompatible with
democratic societies.
SEC. 3. DECLARATION OF POLICY.
It shall be the policy of the United States to promote the
emergence of a democratic Palestinian government that--
(1) denounces and combats terrorism;
(2) is actively working to disarm and dismantle terrorist
agencies, networks, and facilities;
(3) is actively working to eliminate terrorist incitement
and the commemoration of terrorists in Palestinian society;
(4) respects the boundaries and sovereignty of its
neighbors;
(5) recognizes the existence of Israel and its right to
secure borders; and
(6) acknowledges, respects, and upholds the human rights of
all people.
SEC. 4. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620G (as added by
section 149 of Public Law 104-164 (110 Stat. 1436)) as section
620J; and
(2) by adding at the end the following new section:
``SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
``(a) Limitation.--Assistance may be provided under this Act or any
other provision of law to the Palestinian Authority only during a
period for which a certification described in subsection (b) is in
effect.
``(b) Certification.--A certification described in this subsection
is a certification transmitted by the President to Congress that
contains a determination of the President that--
``(1) the Palestinian Authority is not controlled by a
foreign terrorist organization; and
``(2) the Palestinian Authority--
``(A) recognizes the right of Israel to exist;
``(B) disarms all militias;
``(C) renounces violence and acts of terrorism
against Israel; and
``(D) takes definitive steps to be an active and
willing participant in peace negotiations and removes
people with ties to terrorist organizations from its
security services.
``(c) Recertifications.--Not later than 90 days after the date on
which the President transmits to Congress an initial certification
under subsection (b), and every 6 months thereafter--
``(1) the President shall transmit to Congress a
recertification that the requirements contained in subsection
(b) are continuing to be met; or
``(2) if the President is unable to make such a
recertification, the President shall transmit to Congress a
report that contains the reasons therefor.
``(d) Congressional Notification.--Assistance made available under
this Act or any other provision of law to the Palestinian Authority may
not be provided until 15 days after the date on which the President has
provided notice thereof to the Committee on International Relations and
the Committee on Appropriations of the House of Representatives and to
the Committee on Foreign Relations and the Committee on Appropriations
of the Senate in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of this Act.
``(e) Definitions.--In this section:
``(1) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated as a
foreign terrorist organization by the Secretary of State in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
``(2) Palestinian authority.--The term `Palestinian
Authority' includes any agency or instrumentality of the
Palestinian Authority.''. | Limitation on Assistance to the Palestinian Authority Act of 2006 - States that it shall be U.S. policy to promote the emergence of a democratic Palestinian government that: (1) denounces and combats terrorism; (2) is actively working to disarm and dismantle terrorist agencies, networks, and facilities; (3) is actively working to eliminate terrorist incitement and the commemoration of terrorists in Palestinian society; (4) respects its neighbors' boundaries and sovereignty; (5) recognizes Israel's existence and its right to secure borders; and (6) upholds the human rights of all people.
Amends the Foreign Assistance Act of 1961 to provide assistance under such Act or any other provision of law to the Palestinian Authority (PA) only during a period for which a presidential certification has determined that the PA: (1) is not controlled by a foreign terrorist organization; and (2) recognizes Israel's right to exist, disarms all militias, renounces violence against Israel, takes definitive steps to be an active and willing participant in peace negotiations, and removes people with ties to terrorist organizations from its security services.
Directs the President to make and transmit such certifications to Congress every six months. | {"src": "billsum_train", "title": "To limit assistance to the Palestinian Authority unless the President certifies to Congress that the Palestinian Authority is not controlled by a foreign terrorist organization, and for other purposes."} | 1,190 | 256 | 0.691947 | 2.097786 | 1.120144 | 5.100877 | 4.776316 | 0.960526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Security for Today's
Four-Year-Olds Act of 2011''.
SEC. 2. INCREASE IN THE FULL RETIREMENT AGE AND THE EARLY RETIREMENT
AGE.
(a) In General.--Section 216(l) of the Social Security Act (42
U.S.C. 416(l)) is amended to read as follows:
``Retirement Age and Early Retirement Age
``(l)(1) The term `retirement age' means--
``(A) with respect to an individual who attains the
applicable reference age (as defined in paragraph (4)) before
January 1, 2000, 65 years of age;
``(B) with respect to an individual who attains the
applicable reference age after December 31, 1999, and before
January 1, 2005, 65 years of age plus the number of months in
the first age increase factor (as determined under paragraph
(3)(A)) for the calendar year in which such individual attains
the applicable reference age;
``(C) with respect to an individual who attains the
applicable reference age after December 31, 2004, and before
January 1, 2017, 66 years of age;
``(D) with respect to an individual who attains the
applicable reference age after December 31, 2016, and before
January 1, 2022, 66 years of age plus the number of months in
the first age increase factor (as determined under paragraph
(3)(A)) for the calendar year in which such individual attains
the applicable reference age;
``(E) with respect to an individual who attains the
applicable reference age after December 31, 2021, and before
January 1, 2023, 67 years of age;
``(F) with respect to an individual who attains the
applicable reference age after December 31, 2022, and before
January 1, 2069, 67 years of age plus the number of months in
the second age increase factor (as determined under paragraph
(3)(B)) for the calendar year in which such individual attains
the applicable reference age; and
``(G) with respect to an individual who attains the
applicable reference age after December 31, 2068, 70 years of
age.
``(2) The term `early retirement age' means--
``(A) in the case of an old-age, wife's, or husband's
insurance benefit--
``(i) with respect to an individual who attains the
applicable reference age before January 1, 2023, 62
years of age;
``(ii) with respect to an individual who attains
the applicable reference age after December 31, 2022,
and before January 1, 2069, 62 years of age (in the
case of an old-age, wife's, or husband's insurance
benefit), plus the number of months in the second age
increase factor (as determined under paragraph (3)(B))
for the calendar year in which such individual attains
the applicable reference age; and
``(iii) with respect to an individual who attains
the applicable reference age after December 31, 2068,
65 years of age; and
``(B) in the case of a widow's or widower's insurance
benefit, 2 years less than the age provided under subparagraph
(A).
``(3)(A) The first retirement age increase factor for any
individual who attains the applicable reference age in a calendar year
within the 5-year period consisting of the calendar years 2000 through
2004 or the calendar years 2017 through 2021 shall be equal to \2/12\
of the number of months in the period beginning with January of the
first calendar year in such period and ending with December of the year
in which the individual attains the applicable reference age.
``(B) The second retirement age increase factor for any individual
who attains the applicable reference age in the 46-year period
consisting of the calendar years 2023 through 2068 shall be equal to
\3/47\ of the number of months in the period beginning with January
2023 and ending with December of the year in which the individual
attains the applicable reference age. In any case in which the second
age increase factor for any calendar year is not a whole number of
calendar months, such factor shall be deemed to be equal to the next
lower whole number of calendar months.
``(4) The term `applicable reference age' means 62 years of age (in
the case of an old-age, wife's, or husband's insurance benefit) and 60
years of age (in the case of a widow's or widower's insurance
benefit).''.
(b) Conforming Extension of Maximum Age for Entitlement to Delayed
Retirement Credit.--Section 202(w)(2)(A) of such Act (42 U.S.C.
402(w)(2)(A)) is amended--
(1) by striking ``prior to the month in which such
individual attained age 70, and'' and inserting ``prior to the
later of--''; and
(2) by adding at the end the following:
``(i) the month in which such individual would
attain age 70, or
``(ii) the month which ends 3 years after the end
of the month in which such individual attained
retirement age (as defined in section 216(l)), and''.
(c) Conforming Increase in Number of Elapsed Years for Purposes of
Determining Primary Insurance Amount.--Section 215(b)(2)(B)(iii) of
such Act (42 U.S.C. 415(b)(2)(B)(iii)) is amended by striking ``age
62'' and inserting ``early retirement age''.
(d) Study Relating to Additional Conforming Amendments.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social Security,
in consultation with the Secretary of the Treasury and the
Secretary of Health and Human Services, shall conduct a study
of the additional technical and conforming amendments to title
II of the Social Security Act and other relevant provisions of
law relating to the age of a beneficiary or applicant for
benefits which are necessary to effectively carry out the
programs provided for under such title and other provisions,
taking into account the amendments made by this section.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner shall transmit to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report of the results
of the study conducted pursuant to paragraph (1). The
Commissioner shall include in such report such recommendations
for legislative and administrative changes as the Commissioner,
in consultation with the Secretary of the Treasury and the
Secretary of Health and Human Services, determines to be
appropriate. | Retirement Security for Today's Four-Year Olds Act of 2011 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the age for retirement to 70 and the early retirement age to 65 as of January 1, 2069.
Revises requirements accordingly for calculation of the first and the second retirement age increase factors. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to set the retirement benefits age for today's four-year-olds at age 70."} | 1,503 | 86 | 0.528248 | 1.252739 | 0.483149 | 2.458333 | 19.208333 | 0.875 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Lyme disease is a common but frequently misunderstood
illness that, if not caught early and treated properly, can
cause serious health problems.
(2) Lyme disease is a bacterial infection that is
transmitted by a tick bite. Early signs of infection may
include a rash and flu-like symptoms such as fever, muscle
aches, headaches, and fatigue.
(3) Although Lyme disease can be treated with antibiotics
if caught early, the disease often goes undetected because it
mimics other illnesses or may be misdiagnosed. Untreated, Lyme
disease can lead to severe heart, neurological, eye, and joint
problems because the bacteria can affect many different organs
and organ systems.
(4) If an individual with Lyme disease does not receive
treatment, such individual can develop severe heart,
neurological, eye, and joint problems.
(5) Although Lyme disease accounts for 90 percent of all
vector-borne infections in the United States, the ticks that
spread Lyme disease also spread other disorders, such as
ehrlichiosis, babesiosis, and other strains of Borrelia. All of
these diseases in 1 patient makes diagnosis and treatment more
difficult.
(6) Although tick-borne disease cases have been reported in
49 States and the District of Columbia, about 90 percent of the
15,000 cases have been reported in the following 10 States:
Connecticut, Pennsylvania, New York, New Jersey, Rhode Island,
Maryland, Massachusetts, Minnesota, Delaware, and Wisconsin.
Studies have shown that the actual number of tick-borne disease
cases are approximately 10 times the amount reported due to
poor surveillance of the disease.
(7) Persistence of symptomatology in many patients without
reliable testing makes treatment of patients more difficult.
SEC. 2. ESTABLISHMENT OF A TICK-BORNE DISORDERS ADVISORY COMMITTEE.
(a) Establishment of Committee.--Not later than 180 days after the
date of enactment of this Act, there shall be established an advisory
committee to be known as the Tick-Borne Disorders Advisory Committee
(referred to in this Act as the ``Committee'') organized in the Office
of the Secretary.
(b) Duties.--The Committee shall advise the Secretary and Assistant
Secretary of Health regarding how to--
(1) assure interagency coordination and communication and
minimize overlap regarding efforts to address tick-borne
disorders;
(2) identify opportunities to coordinate efforts with other
Federal agencies and private organizations addressing tick-
borne disorders; and
(3) develop informed responses to constituency groups
regarding the Department of Health and Human Services' efforts
and progress.
(c) Membership.--
(1) Appointed members.--
(A) In general.--The Secretary of Health and Human
Services shall appoint voting members to the Committee
from among the following member groups:
(i) Scientific community members.
(ii) Representatives of tick-borne disorder
voluntary organizations.
(iii) Health care providers.
(iv) Patient representatives who are
individuals who have been diagnosed with tick-
borne illnesses or who have had an immediate
family member diagnosed with such illness.
(v) Representatives of State and local
health departments and national organizations
who represent State and local health
professionals.
(B) Requirement.--The Secretary shall ensure that
an equal number of individuals are appointed to the
Committee from each of the member groups described in
clauses (i) through (v) of subparagraph (A).
(2) Ex officio members.--The Committee shall have nonvoting
ex officio members determined appropriate by the Secretary.
(d) Co-Chairpersons.--The Assistant Secretary of Health shall serve
as the co-chairperson of the Committee with a public co-chairperson
chosen by the members described under subsection (c). The public co-
chairperson shall serve a 2-year term and retain all voting rights.
(e) Term of Appointment.--All members shall be appointed to serve
on the Committee for 4 year terms.
(f) Vacancy.--If there is a vacancy on the Committee, such position
shall be filled in the same manner as the original appointment. Any
member appointed to fill a vacancy for an unexpired term shall be
appointed for the remainder of that term. Members may serve after the
expiration of their terms until their successors have taken office.
(g) Meetings.--The Committee shall hold public meetings, except as
otherwise determined by the Secretary, giving notice to the public of
such, and meet at least twice a year with additional meetings subject
to the call of the co-chairpersons. Agenda items can be added at the
request of the Committee members, as well as the co-chairpersons.
Meetings shall be conducted, and records of the proceedings kept as
required by applicable laws and Departmental regulations.
(h) Reports.--
(1) In general.--Not later than 24 months after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to Congress a report on the activities carried out
under this Act.
(2) Content.--Such reports shall describe--
(A) progress in the development of accurate
diagnostic tools that are more useful in the clinical
setting; and
(B) the promotion of public awareness and physician
education initiatives to improve the knowledge of
health care providers and the public regarding clinical
and surveillance practices for Lyme disease and other
tick-borne disorders.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act, $250,000 for each of fiscal years
2004 and 2005. Amounts appropriated under this subsection shall be used
for the expenses and per diem costs incurred by the Committee under
this section in accordance with the Federal Advisory Committee Act (5
U.S.C. App.), except that no voting member of the Committee shall be a
permanent salaried employee.
SEC. 3. AUTHORIZATION FOR RESEARCH FUNDING.
There are authorized to be appropriated $10,000,000 for each of
fiscal years 2004 through 2008 to provide for research and educational
activities concerning Lyme disease and other tick-borne disorders, and
to carry out efforts to prevent Lyme disease and other tick-borne
disorders.
SEC. 4. GOALS.
It is the sense of the Senate that, in carrying out this Act, the
Secretary of Health and Human Services (referred to in this section as
the ``Secretary''), acting as appropriate in consultation with the
Director of the Centers for Disease Control and Prevention, the
Director of the National Institutes of Health, the Committee, and other
agencies, should consider carrying out the following:
(1) Five-year plan.--It is the sense of the Senate that the
Secretary should consider the establishment of a plan that, for
the five fiscal years following the date of the enactment of
this Act, provides for the activities to be carried out during
such fiscal years toward achieving the goals under paragraphs
(2) through (4). The plan should, as appropriate to such goals,
provide for the coordination of programs and activities
regarding Lyme disease and other tick-borne disorders that are
conducted or supported by the Federal Government.
(2) First goal: diagnostic test.--The goal described in
this paragraph is to develop a diagnostic test for Lyme disease
and other tick-borne disorders for use in clinical testing.
(3) Second goal: surveillance and reporting of lyme disease
and other tick-borne disorders.--The goal described in this
paragraph is to accurately determine the prevalence of Lyme
disease and other tick-borne disorders in the United States.
(4) Third goal: prevention of lyme disease and other tick-
borne disorders.--The goal described in this paragraph is to
develop the capabilities at the Department of Health and Human
Services to design and implement improved strategies for the
prevention and control of Lyme disease and other tick-borne
diseases. Such diseases may include Masters' disease,
ehrlichiosis, babesiosis, other bacterial, viral and
rickettsial diseases such as tularemia, tick-borne
encephalitis, Rocky Mountain Spotted Fever, and bartonella,
respectively. | Establishes the Tick-Borne Disorders Advisory Committee in the Office of the Secretary of Health and Human Services (HHS). Directs the Committee to advise the Secretary and the Assistant Secretary of HHS regarding how to: (1) assure interagency coordination and communication in efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private organizations; and (3) develop informed responses to constituency groups regarding HHS' efforts and progress.
Authorizes appropriations for FY 2004 and 2005 to fund the Committee in accordance with the Federal Advisory Committee Act. Authorizes appropriations for FY 2004 through 2008 for: (1) research and educational activities concerning Lyme disease and other tick-borne disorders; and (2) efforts to prevent such illnesses. Expresses the sense of the Senate that the Secretary should consider carrying out a five-year plan to: (1) develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing; (2) determine the prevalence of such illnesses in the United States; and (3) develop the capabilities at HHS to design and implement improved strategies for the prevention and control of such illnesses. | {"src": "billsum_train", "title": "A bill to establish a Tick-Borne Disorders Advisory Committee, and for other purposes."} | 1,767 | 242 | 0.549557 | 1.7097 | 0.728134 | 4.929515 | 7.189427 | 0.938326 |
SECTION 1. ACTION PLAN ON RECOMMENDATIONS FOR CHANGES UNDER MEDICARE
AND MEDICAID TO PREVENT OPIOIDS ADDICTIONS AND ENHANCE
ACCESS TO MEDICATION-ASSISTED TREATMENT.
(a) In General.--Not later than January 1, 2019, the Secretary of
Health and Human Services (in this section referred to as the
``Secretary''), in collaboration with the Pain Management Best
Practices Inter-Agency Task Force convened under section 101(b) of the
Comprehensive Addiction and Recovery Act of 2016 (Public Law 114-198),
shall develop an action plan that provides recommendations described in
subsection (b).
(b) Action Plan Components.--Recommendations provided under the
action plan under subsection (a) shall include recommendations on the
following:
(1) Recommendations on changes to the Medicare program
under title XVIII of the Social Security Act and the Medicaid
program under title XIX of such Act that would enhance coverage
and reimbursement under such programs of all medication-
assisted treatment approved by the Food and Drug Administration
for the treatment of opioid addiction and other therapies that
manage chronic and acute pain and treat and minimize risk of
opioid addiction, including recommendations on changes to the
Medicare prospective payment system for hospital inpatient
department services under section 1886(d) of such Act (42
U.S.C. 1395ww(d)) and the Medicare prospective payment system
for hospital outpatient department services under section
1833(t) of such Act (42 U.S.C. 1395l(t)) that would allow for
separate reimbursement for such therapies to encourage
development and adoption of such therapies, if medically
appropriate.
(2) Recommendations for payment and service delivery models
to be tested by the Center for Medicare and Medicaid Innovation
and other federally authorized demonstration projects,
including value-based models, that may encourage the use of
appropriate medication-assisted treatment approved by the Food
and Drug Administration for the treatment of opioid addiction
and other therapies that manage chronic and acute pain and
treat and minimize risk of opioid addiction.
(3) Recommendations for data collection that can facilitate
research and policy making regarding prevention of opioid
addiction and coverage and reimbursement under the Medicare
program and the Medicaid program of appropriate opioid
addiction treatments.
(4) Recommendations for provider education that can expand
patient access to the full range of medication-assisted
treatment approved by the Food and Drug Administration for the
treatment of opioid addiction and other therapies that manage
chronic and acute pain and treat and minimize risk of opioid
addiction.
(5) Recommendations for policies under the Medicare program
and under the Medicaid program that can expand access for
rural, or medically underserved communities to the full range
of medication-assisted treatment approved by the Food and Drug
Administration for the treatment of opioid addiction and other
therapies that manage chronic and acute pain and treatment and
minimize risk of opioid addiction.
(c) Stakeholder Meetings.--
(1) In general.--Beginning not later than 3 months after
the date of the enactment of this Act, the Secretary shall
convene a public stakeholder meeting to solicit public comment
on the components of the action plan recommendations described
in subsection (b).
(2) Participants.--Participants of meetings described in
paragraph (1) shall include representatives from the Food and
Drug Administration and National Institutes of Health,
biopharmaceutical industry members, medical researchers, health
care providers, the medical device industry, the Medicare
program, the Medicaid program, and patient advocates.
(d) Request for Information.--Not later than 3 months after the
date of the enactment of this section, the Secretary shall issue a
request for information seeking public feedback regarding ways in which
the Centers for Medicare & Medicaid Services can help address the
opioid crisis through the development of and application of the action
plan.
(e) Report to Congress.--Not later than March 1, 2019, the
Secretary shall submit to Congress, and make public, a report that
includes a summary of steps taken under the action plan,
recommendations that have emerged under the action plan, and the
Secretary's planned next steps with respect to the action plan.
(f) Definition of Medication-Assisted Treatment.--In this section,
the term ``medication-assisted treatment'' includes opioid treatment
programs, behavioral therapy, and medications to treat substance abuse
disorder.
SEC. 2. REPORT ON COVERAGE, CODING, AND REIMBURSEMENT POLICIES UNDER
MEDICARE.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall--
(1) identify--
(A) medical devices that are non-opioid based
treatments approved by the Food and Drug Administration
for the management of acute pain and chronic pain;
(B) medical devices that are non-opioid based
treatments approved by the Food and Drug Administration
that monitor substance use withdrawal and prevent
overdoses of controlled substances; and
(C) medical devices that are non-opioid based
treatments approved by the Food and Drug Administration
that treat substance use disorder; and
(2) submit to the Committee on Finance of the Senate and
the Committees on Ways and Means and Energy and Commerce of the
House of Representatives, and publish on a public Internet
website of the Department of Health and Human Services, a
report containing recommendations on ways to encourage the use
of such medical devices by individuals entitled to benefits
under part A of title XVIII of the Social Security Act and
enrolled under part B of such title (including individuals
enrolled in a Medicare Advantage plan under part C of such
title or in a prescription drug plan under part D of such
title) and individuals enrolled under a State plan under title
XIX of such Act.
(b) Contents.--The report under subsection (a) shall include an
analysis of the following, with respect to the Medicare program under
title XVIII of the Social Security Act and the Medicaid program under
title XIX of such Act:
(1) Various opioid alternatives for pain treatment that are
covered under such programs, that are not covered under such
programs, that have limited coverage under such program, or
with respect to which there are payment barriers under such
programs.
(2) Various medical devices that monitor substance use
withdrawal and prevent overdose of controlled substances that
are covered so covered, that are not so covered, that have such
limited coverage, or with respect to which there are such
payment barriers.
(3) Various medical devices that treat substance use
disorder and opioid use disorder that are so covered, that are
not so covered, that have such limited coverage, or with
respect to which there are such payment barriers.
(4) Access to payment codes used by health care providers
that promote alternative options for pain management therapies
without the use of opioids, including minimally invasive pain
therapies.
(5) Ways to improve communications between Medicare
prescription drug plans and Medicare Advantage plans, Medicare
and Medicaid health care providers, and Medicare beneficiaries
and Medicaid beneficiaries on the potential harm associated
with the use of opioids and other controlled substances,
including the need to safely store and dispose of supplies
relating to the use of opioids and other controlled substances. | This bill requires the Centers for Medicare & Medicaid Services (CMS) to develop an action plan to provide recommendations on changes to the Medicare and Medicaid programs to enhance: (1) the treatment and prevention of opioid addiction, and (2) the coverage and reimbursement of medication-assisted treatment for opioid addiction. The CMS must convene a stakeholder meeting to solicit public comment on the action plan. | {"src": "billsum_train", "title": "A bill to require the Secretary of Health and Human Services to provide for an action plan on recommendations for changes under Medicare and Medicaid to prevent opioids addictions and enhance access to medication-assisted treatment, and for other purposes."} | 1,559 | 83 | 0.565117 | 1.484932 | 0.851001 | 2.961538 | 18.705128 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Equity Act of 1999''.
SEC. 2. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN HOME HEALTH
PAYMENTS.
(a) In General.--
(1) Contingency reduction.--Section 4603 of the Balanced
Budget Act of 1997 (Public Law 105-33) (42 U.S.C. 1395fff
note), as amended by section 5101(c)(3) of the Tax and Trade
Relief Extension Act of 1998 (contained in Division J of Public
Law 105-277), is amended by striking subsection (e).
(2) Prospective payment system.--Section 1895(b)(3)(A) of
the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is
amended--
(A) by striking ``Initial basis.--'' and all that
follows through ``Under such system'', and inserting
``Initial basis.--Under such system'';
(B) in clause (i), by striking ``but if the
reduction in limits described in clause (ii) had been
in effect''; and
(C) by striking clause (ii).
SEC. 3. OUTLIER PAYMENTS.
(a) Waiver of Per Beneficiary Limits for Outliers.--
(1) In general.--Section 1861(v)(1)(L) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section
5101(a) of the Tax and Trade Relief Extension Act of 1998
(contained in Division J of Public Law 105-277) is amended--
(A) by redesignating clause (ix) as clause (x); and
(B) by inserting after clause (viii) the following:
``(ix)(I) Notwithstanding the applicable per beneficiary limit
under clause (v), (vi), or (viii), but subject to the applicable per
visit limit under clause (i), in the case of a provider that
demonstrates to the Secretary that with respect to an individual to
whom the provider furnished home health services appropriate to the
individual's condition (as determined by the Secretary) at a reasonable
cost (as determined by the Secretary), and that such reasonable cost
significantly exceeded such applicable per beneficiary limit because of
unusual variations in the type or amount of medically necessary care
required to treat the individual, the Secretary, upon application by
the provider, shall pay to such provider for such individual such
reasonable cost.
``(II)(aa) The Secretary shall establish such criteria as is
required for payment under this clause, including a description of the
type of individual, condition, unusual variations, and home health
service that qualifies for such payment.
``(bb) In establishing criteria under item (aa), the Secretary
shall consider the information gathered in order to establish case mix
adjustment factors under section 1895(b)(4)(B) and any available
Outcomes and Assessment Information Set (OASIS) case mix data.
``(III) In making determinations under subclause (I), the Secretary
shall use data from the cost report, or from other data collected by
the Secretary, of the provider for such year.
``(IV) A provider may make an application for payment under this
clause for a fiscal year no earlier than the end of the cost reporting
period beginning in such fiscal year.
``(V) The total amount of the additional payments made to home
health agencies pursuant to subclause (I) in any fiscal year shall not
be less than an amount equal to 3 percent of the amounts that would
have been paid under this subparagraph in such year if this clause had
not been enacted and shall not exceed 4 percent of such amounts.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act, and apply with
respect to each application for payment of reasonable costs for
outliers submitted by any home health agency for cost reporting periods
ending on or after September 30, 1999.
SEC. 4. RECOUPMENT OF OVERPAYMENTS.
(a) 36-Month Repayment Period.--
(1) In general.--Except as provided in paragraph (2), in
the case of an overpayment by the Secretary of Health and Human
Services to a home health agency for home health services
furnished during a cost reporting period beginning on or after
October 1, 1997, as a result of payment limitations provided
for under clause (v), (vi), or (viii) of section 1861(v)(1)(L)
of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home
health agency may elect to repay the amount of such overpayment
over a 36-month period beginning on the date of notification of
such overpayment.
(2) Exception.--No home health agency may make an election
under paragraph (1) if any final adverse action (as defined in
section 1128E(g)(1)) has been taken against such agency.
(b) No Interest on Overpayment Amounts.--In the case of an agency
that makes an election under subsection (a), no interest shall accrue
on the outstanding balance of the amount of overpayment during such 36-
month period.
(c) Termination.--No election under subsection (a) may be made for
cost reporting periods, or portions of cost reporting periods beginning
on or after the date of the implementation of the prospective payment
system for home health services under section 1895 of the Social
Security Act (42 U.S.C. 1395fff).
(d) Effective Date.--The provisions of subsection (a) shall take
effect as if included in the enactment of the Balanced Budget Act of
1997.
SEC. 5. INCREASE IN PAYMENT AMOUNT TO AGENCIES WITH LIMITS UNDER THE
NATIONAL AVERAGE.
(a) In General.--Section 1861(v)(1)(L)(viii)(I) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)(viii)(I)), as added by section
5101(a)(3) of the Tax and Trade Relief Extension Act of 1998 (contained
in Division J of Public Law 105-277), is amended by striking ``the
limit otherwise imposed under clause (v)'' and all that follows through
the period and inserting ``the limit for such provider and period shall
be an amount equal to--
``(aa) for cost reporting periods beginning during fiscal
year 1999, 90 percent of such median;
``(bb) for cost reporting periods beginning during fiscal
year 2000, 95 percent of such median; and
``(cc) for cost reporting periods beginning during or after
fiscal year 2001, such median.''.
(b) Effective Date.--The provisions of subsection (a) shall take
effect as if included in the enactment of the Tax and Trade Relief
Extension Act of 1998 (contained in Division J of Public Law 105-277).
SEC. 6. INCREASE IN PER VISIT LIMIT.
Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(i)), as amended by section 5101(a) of the Tax and Trade
Relief Extension Act of 1998 (contained in Division J of Public Law
105-277), is amended--
(1) in subclause (IV), by striking ``or'';
(2) in subclause (V)--
(A) by inserting ``and before October 1, 1999,''
after ``October 1, 1998,''; and
(B) by striking the period and inserting ``, or'';
and
(3) by adding at the end the following:
``(VI) October 1, 1999, 108 percent of such median.''.
SEC. 7. ELIMINATION OF TIMEKEEPING REQUIREMENTS UNDER THE PROSPECTIVE
PAYMENT SYSTEM FOR HOME HEALTH AGENCIES.
(a) In General.--Section 1895(c) of the Social Security Act (42
U.S.C. 1395fff(c)) is amended--
(1) by striking ``unless--'' and all that follows through
``(1) the'' and inserting ``unless the''; and
(2) by striking ``1835(a)(2)(A);'' and all that follows
through the period and inserting ``1835(a)(2)(A).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 8. PERIODIC INTERIM PAYMENT FOR CERTAIN HOME HEALTH AGENCIES.
(a) In General.--Section 1815(e)(2)(D) of the Social Security Act
(42 U.S.C. 1395g(e)(2)(D)) is amended by inserting ``until the end of
the 12-month period following the date that the prospective payment
system for such services is implemented pursuant to section 1895''
after ``services''.
(b) Conforming Amendment.--Section 4603(b) of the Balanced Budget
Act of 1997 (Public Law 105-33) is repealed.
(c) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Balanced Budget Act of
1997 (Public Law 105-33).
SEC. 9. REVISION OF SURETY BOND REQUIREMENT FOR HOME HEALTH AGENCIES.
(a) In General.--Section 1861(o) of the Social Security Act (42
U.S.C. 1395x(o)) is amended by inserting after the first sentence the
following: ``The surety bond required under paragraph (7) shall be used
by the Secretary to protect against overpayments made to an agency
based on fraudulent claims or behavior but shall not be used to protect
against overpayments that are not based on such claims or behavior.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 10. EXCLUSION OF ADDITIONAL PART B COSTS FROM DETERMINATION OF
PART B MONTHLY PREMIUM.
Section 1839(g) of the Social Security Act (42 U.S.C. 1395r(g)) (as
added by section 5101(e) of the Tax and Trade Relief Extension Act of
1998 (contained in division J of Public Law 105-277)) is amended by
striking ``section 1861(v)(1)(L)(viii) or to the establishment under
section 1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent of the
median (instead of 105 percent of the median)'' and inserting ``clauses
(viii) and (ix) of section 1861(v)(1)(L) or to the establishment under
section 1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent and 108
percent of the median (instead of 105 percent of the median and 106
percent of the median, respectively)''. | Provides for: (1) outlier payments to home health agencies (agencies) in spite of applicable per beneficiary payment limits when a provider demonstrates to the Secretary that an individual was furnished appropriate home health services at a reasonable cost that significantly exceeded such applicable per beneficiary limit because of certain conditions; and (2) recoupment of overpayments by the Secretary to agencies over a 36-month period as specified.
Makes various Medicare amendments under reasonable cost provisions with regard to an increase in payment amounts to agencies with limits under the national average and an increase in the per visit limit for cost reporting periods beginning on or after October 1, 1999, with regard to the amount of payments that may be made under Medicare for services furnished by agencies.
Eliminates timekeeping requirements under the prospective payment system for home health services.
Provides for periodic interim payment for certain agencies under Medicare provisions regarding payment to service providers.
Revises surety bond requirements for agencies.
Excludes additional Medicare part B (Supplementary Medical Insurance) costs from determination of the Medicare part B premium. | {"src": "billsum_train", "title": "Home Health Equity Act of 1999"} | 2,586 | 223 | 0.513183 | 1.397522 | 0.754306 | 2.729064 | 10.251232 | 0.8867 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puppy Uniform Protection and Safety
Act''.
SEC. 2. PROTECTION OF PUPPIES UNDER THE ANIMAL WELFARE ACT.
(a) High Volume Retail Breeder Defined.--Section 2 of the Animal
Welfare Act (7 U.S.C. 2132) is amended--
(1) in subsection (l), by striking ``research.'' and
inserting ``research;'';
(2) in subsection (m), by striking ``members.'' and
inserting ``members;'';
(3) in subsection (n), by striking ``section 13(b); and''
and inserting ``section 13(b);'';
(4) in subsection (o), by striking ``experimentation.'' and
inserting ``experimentation; and''; and
(5) by adding at the end the following:
``(p) High Volume Retail Breeder.--
``(1) Definitions.--In this subsection:
``(A) Breeding female dog.--The term `breeding
female dog' means an intact female dog aged 4 months or
older.
``(B) High volume retail breeder.--The term `high
volume retail breeder' means a person who, in commerce,
for compensation or profit--
``(i) has an ownership interest in or
custody of 1 or more breeding female dogs; and
``(ii) sells or offers for sale, via any
means of conveyance (including the Internet,
telephone, or newspaper), more than 50 of the
offspring of such breeding female dogs for use
as pets in any 1-year period.
``(2) Relationship to dealers.--
``(A) In general.--For purposes of this Act, a high
volume retail breeder shall be considered to be a
dealer and subject to all provisions of this Act
applicable to a dealer.
``(B) Exception.--The retail pet store exemption in
subsection (f)(i) shall not apply to a high volume
retail breeder.''.
(b) Licenses.--Section 3 of the Animal Welfare Act (7 U.S.C. 2133)
is amended--
(1) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'';
(2) in subsection (a) (as so designated), in the second
proviso of the first sentence, by inserting ``(other than a
high volume retail breeder)'' after ``any retail pet store or
other person''; and
(3) by adding at the end the following:
``(b) Dealers.--A dealer (including a high volume retail breeder)
applying for a license under subsection (a) (including annual renewals)
shall include on the license application the total number of dogs
exempted from exercise on the premises of the dealer in the preceding
year by a licensed veterinarian under section 13(j)(2).''.
(c) Exercise Requirements.--Section 13 of the Animal Welfare Act (7
U.S.C. 2143) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(2) by redesignating the second subsection (f) (as
redesignated by section 1752(a)(1) of Public Law 99-198 (99
Stat. 1645)) as subsection (g); and
(3) by adding at the end the following:
``(j) Exercise Requirements.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall promulgate
standards covering dealers that include requirements for the
exercise of dogs at facilities owned or operated by a dealer,
including exercise regulations that ensure that--
``(A) each dog that is at least 12 weeks old (other
than a female dog with unweaned puppies) has daily
access to exercise that--
``(i) allows the dog--
``(I) to move sufficiently to
develop or maintain normal muscle tone
and mass as appropriate for the age,
breed, sex, and reproductive status of
the dog; and
``(II) the ability to achieve a
running stride; and
``(ii) is not a forced activity (other than
a forced activity used for veterinary
treatment) or other physical activity that is
repetitive, restrictive of other activities,
solitary, and goal-oriented;
``(B) the provided area for exercise--
``(i) is separate from the primary
enclosure if the primary enclosure does not
provide sufficient space to achieve a running
stride;
``(ii) has flooring that--
``(I) is sufficient to allow for
the type of activity described in
subparagraph (A); and
``(II)(aa) is solid flooring; or
``(bb) is nonsolid, nonwire
flooring, if the nonsolid,
nonwire flooring--
``(AA) is safe for
the breed, size, and
age of the dog;
``(BB) is free from
protruding sharp edges;
and
``(CC) is designed
so that the paw of the
dog is unable to extend
through or become
caught in the flooring;
``(iii) is cleaned at least once each day;
``(iv) is free of infestation by pests or
vermin; and
``(v) is designed in a manner to prevent
escape of the dogs.
``(2) Exemption.--
``(A) In general.--If a licensed veterinarian
determines that a dog should not exercise because of
the health, condition, or well-being of the dog, this
subsection shall not apply to that dog.
``(B) Documentation.--A determination described in
subparagraph (A) shall be--
``(i) documented by the veterinarian;
``(ii) subject to review and approval by
the Secretary; and
``(iii) unless the basis for the
determination is a permanent condition,
reviewed and updated at least once every 30
days by the veterinarian.
``(C) Reports.--A determination described in
subparagraph (A) shall be maintained by the dealer.''.
SEC. 3. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Agriculture shall promulgate any regulations that the
Secretary determines to be necessary to implement this Act and the
amendments made by this Act.
SEC. 4. EFFECT ON STATE LAW.
Nothing in this Act or the amendments made by this Act preempt any
law (including a regulation) of a State, or a political subdivision of
a State, containing requirements that provide equivalent or greater
protection for animals than the requirements of this Act or the
amendments made by this Act. | Puppy Uniform Protection and Safety Act - Amends the Animal Welfare Act to define a "high volume retail breeder" as a person who, in commerce, for compensation or profit: (1) has an ownership interest in or custody of one or more breeding female dogs; and (2) sells, via any means of conveyance, more than 50 of the offspring of such dogs for use as pets in any one-year period. Considers such a breeder of dogs to be a dealer.
Requires dealers to include on licensing applications and annual renewals the total number of dogs exempted from exercise on the premises of the dealer in the preceding year by a licensed veterinarian.
Requires the Secretary of Agriculture (USDA) to promulgate requirements for the exercise of dogs at facilities owned or operated by a dealer, including requiring daily access to exercise that: (1) allows the dogs to move sufficiently in a way that is not forced, repetitive, or restrictive; and (2) is in an area that is spacious, cleaned at least once a day, free of infestation by pests or vermin, and designed to prevent the dogs from escaping. Allows an exemption if: (1) a licensed veterinarian determines that a dog should not exercise because of the health, condition, or well-being of the dog; and (2) such determination is reviewed and updated at least once every 30 days by the veterinarian, unless the basis for the determination is a permanent condition. Subjects such a determination to review and approval by the Secretary. | {"src": "billsum_train", "title": "To amend the Animal Welfare Act to provide further protection for puppies."} | 1,552 | 330 | 0.551108 | 1.698909 | 0.764465 | 4.400673 | 4.737374 | 0.939394 |
SECTION 1. PAYMENT OF IRAQI CLAIMS.
(a) Vesting of Assets.--All nondiplomatic accounts of the
Government of Iraq in the United States that have been blocked pursuant
to the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) shall vest in the President, and the President, not later than 30
days after the date of the enactment of this Act, shall liquidate such
accounts. Amounts from such liquidation shall be transferred into the
Iraq Claims Fund established under subsection (b).
(b) Iraq Claims Fund.--Upon the vesting of accounts under
subsection (a), the Secretary of the Treasury shall establish in the
Treasury of the United States a fund to be known as the Iraq Claims
Fund (hereafter in this section referred to as the ``Fund'') for
payment of private claims or United States Government claims in
accordance with subsection (c).
(c) Payments.--
(1) Payments on private claims.--Not later than 2 years
after the date of the enactment of this Act, the Secretary of
the Treasury shall make payment out of the Fund in ratable
proportions on private claims certified under subsection (e)
according to the proportions which the total amount of the
private claims so certified bear to the total amount in the
Fund that is available for distribution at the time such
payments are made.
(2) Payments on united states government claims.--After
payment has been made in full out of the Fund on all private
claims certified under subsection (e), any funds remaining in
the Fund shall be made available to satisfy claims of the
United States Government against the Government of Iraq
determined under subsection (d).
(d) Determination of Validity of United States Government Claims.--
The President shall determine the validity and amounts of claims of the
Government of the United States against the Government of Iraq which
the Secretary of State has determined are outside the jurisdiction of
the United Nations Commission, and, to the extent that such claims are
not satisfied from funds made available by the Fund, the President is
authorized and requested to enter into a settlement agreement with the
Government of Iraq which would provide for the payment of such
unsatisfied claims.
(e) Determination of Private Claims.--
(1) Authority of the foreign claims settlement
commission.--The Foreign Claims Settlement Commission of the
United States is authorized to receive and determine, in
accordance with substantive law, including international law,
the validity and amounts of private claims under this section.
The Commission shall complete its affairs in connection with
the determination of private claims under this section within
such time as is necessary to allow the payment of the claims
under subsection (c)(1).
(2) Applicability.--Except to the extent inconsistent with
the provisions of this section, the provisions of title I of
the International Claims Settlement Act of 1949 (22 U.S.C. 1621
et seq.) shall apply with respect to private claims under this
section. Any reference in such provisions to ``this title''
shall be deemed to refer to those provisions and to this
section.
(3) Certification.--The Foreign Claims Settlement
Commission shall certify to the Secretary of the Treasury the
awards made in favor of each private claim under paragraph (1).
(f) Unsatisfied Claims.--Payment of any award made pursuant to this
section shall not extinguish any unsatisfied claim, or be construed to
have divested any claimant, or the United States on his or her behalf,
of any rights against the Government of Iraq with respect to any
unsatisfied claim.
(g) Definitions.--As used in this section--
(1) the term ``Government of Iraq'' includes agencies,
instrumentalities, and controlled entities (including public
sector enterprises) of that government;
(2) the term ``private claims'' mean claims of United
States persons against the Government of Iraq that are
determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission;
(3) the term ``United Nations Commission'' means the United
Nations Compensation Commission established pursuant to United
Nations Security Council Resolution 687, adopted in 1991; and
(4) the term ``United States person''--
(A) includes--
(i) any person, wherever located, who is a
citizen of the United States;
(ii) any corporation, partnership,
association, or other legal entity organized
under the laws of the United States or of any
State, the District of Columbia, or any
commonwealth, territory, or possession of the
United States; and
(iii) any corporation, partnership,
association, or other organization, wherever
organized or doing business, which is owned or
controlled by persons described in clause (i)
or (ii); and
(B) does not include the United States Government
or any officer or employee of the United States
Government acting in an official capacity. | Declares that all nondiplomatic accounts of the Government of Iraq in the United States that have been blocked pursuant to the International Emergency Economic Powers Act shall vest in, and be liquidated by, the President. Directs the Secretary of the Treasury, upon the vesting of the accounts, to establish within the Treasury the Iraq Claims Fund for payment of private or U.S. Government claims. Requires the President to determine the validity and amounts of U.S. Government claims against the Government of Iraq. Authorizes the Foreign Claims Settlement Commission of the United States to receive and determine the validity and amounts of private claims against Iraq. | {"src": "billsum_train", "title": "A bill to provide for the adjudication and payment of certain claims against the Government of Iraq."} | 1,060 | 136 | 0.628391 | 1.758076 | 0.637747 | 4.182609 | 8.652174 | 0.913043 |
SECTION 1. RATES OF BASIC PAY FOR THE UNITED STATES SECRET SERVICE
UNIFORMED DIVISION.
(a) New Rates of Basic Pay.--Section 501 of the District of
Columbia Police and Firemen's Salary Act of 1958, (District of Columbia
Code, section 4-416), is amended--
(1) in subsection (b)(1), by striking ``Interior'' and all
that follows through ``Treasury,'' and inserting ``Interior'';
(2) by redesignating subsection (c) as subsection (b)(3);
(3) in subsection (b)(3) (as redesignated)--
(A) by striking ``or to officers and members of the
United States Secret Service Uniformed Division''; and
(B) by striking ``subsection (b) of this section''
and inserting ``this subsection''; and
(4) by adding after subsection (b) the following new
subsection:
``(c)(1) The annual rates of basic compensation of officers and
members of the United States Secret Service Uniformed Division, serving
in classes corresponding or similar to those in the salary schedule in
section 101 (District of Columbia Code, section 4-406), shall be fixed
in accordance with the following schedule of rates:
``SALARY SCHEDULE
----------------------------------------------------------------------------------------------------------------
Service steps
Salary class and title ----------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9
----------------------------------------------------------------------------------------------------------------
Class 1: Private 29,21 30,088 31,55 33,00 35,33 37,68 39,12 40,59 42,05
5 9 9 1 1 8 3 2
Class 4: Sergeant 39,76 41,747 43,72 45,71 47,71 49,71
9 8 8 5 3
Class 5: Lieutenant 45,14 47,411 49,66 51,92 54,18
8 3 4 0
Class 7: Captain 52,52 55,155 57,78 60,38
3 8 8
Class 8: Inspector 60,88 63,918 66,97 70,02
6 7 9
Class 9: Deputy Chief 71,43 76,260 81,11 85,95
3 3 0
Class 10: Assistant Chief 84,69 90,324 95,96
4 7
Class 11: Chief of the United 98,38 104,923
States Secret Service Uniformed 3
Division
----------------------------------------------------------------------------------------------------------------
``(2) Effective at the beginning of the first applicable pay period
commencing on or after the first day of the month in which an
adjustment takes effect under section 5303 of title 5, United States
Code (or any subsequent similar provision of law), in the rates of pay
under the General Schedule (or any pay system that may supersede such
schedule), the annual rates of basic compensation of officers and
members of the United States Secret Service Uniformed Division shall be
adjusted by the Secretary of the Treasury by an amount equal to the
percentage of such annual rate of pay which corresponds to the overall
percentage of the adjustment made in the rates of pay under the General
Schedule.
``(3) Locality-based comparability payments authorized under
section 5304 of title 5, United States Code, shall be applicable to the
basic pay under this section, except locality-based comparability
payments may not be paid at a rate which, when added to the rate of
basic pay otherwise payable to the officer or member, would cause the
total to exceed the rate of basic pay payable for level IV of the
Executive Schedule.
``(4) Pay may not be paid, by reason of any provision of this
subsection (disregarding any comparability payment payable under
Federal law), at a rate in excess of the rate of basic pay payable for
level V of the Executive Schedule contained in subchapter II of chapter
53 of title 5, United States Code.
``(5) Any reference in any law to the salary schedule in section
101 (District of Columbia Code, section 4-406) with respect to officers
and members of the United States Secret Service Uniformed Division
shall be considered to be a reference to the salary schedule in
paragraph (1) of this subsection as adjusted in accordance with this
subsection.
``(6)(A) Except as otherwise permitted by or under law, no
allowance, differential, bonus, award, or other similar cash payment
under this title or under title 5, United States Code, may be paid to
an officer or member of the United States Secret Service Uniformed
Division in a calendar year if, or to the extent that, when added to
the total basic pay paid or payable to such officer or member for
service performed in such calendar year as an officer or member, such
payment would cause the total to exceed the annual rate of basic pay
payable for level I of the Executive Schedule, as of the end of such
calendar year.
``(B) This paragraph shall not apply to any payment under the
following provisions of title 5, United States Code:
``(i) Subchapter III or VII of chapter 55, or section 5596.
``(ii) Chapter 57 (other than section 5753, 5754, or 5755).
``(iii) Chapter 59 (other than section 5928).
``(7)(A) Any amount which is not paid to an officer or member of
the United States Secret Service Uniformed Division in a calendar year
because of the limitation under paragraph (6) shall be paid to such
officer or member in a lump sum at the beginning of the following
calendar year.
``(B) Any amount paid under this paragraph in a calendar year shall
be taken into account for purposes of applying the limitations under
paragraph (6) with respect to such calendar year.
``(8) The Office of Personnel Management shall prescribe
regulations as may be necessary (consistent with section 5582 of title
5, United States Code) concerning how a lump-sum payment under
paragraph (7) shall be made with respect to any employee who dies
before an amount payable to such employee under paragraph (7) is
made.''.
(b) Conversion to New Salary Schedule.--
(1)(A) Effective on the first day of the first pay period
beginning after the date of enactment of this section, the
Secretary of the Treasury shall fix the rates of basic pay for
members of the United States Secret Service Uniformed Division
in accordance with this paragraph.
(B) Subject to subparagraph (C), each officer and member
receiving basic compensation, immediately prior to the
effective date of this section, at one of the scheduled rates
in the salary schedule in section 101 of the District of
Columbia Police and Firemen's Salary Act of 1958, as adjusted
by law and as in effect prior to the effective date of this
section, shall be placed in and receive basic compensation at
the corresponding scheduled service step of the salary schedule
under subsection (a)(4).
(C)(i) The Assistant Chief and the Chief of the United
States Secret Service Uniformed Division shall be placed in and
receive basic compensation in salary class 10 and salary class
11, respectively, in the appropriate service step in the new
salary class in accordance with section 304 of the District of
Columbia Police and Firemen's Salary Act 1958 (District of
Columbia Code, section 4-413).
(ii) Each member whose position is to be converted to the
salary schedule under section 501(c) of the District of
Columbia Police and Firemen's Salary Act of 1958 (District of
Columbia Code, section 4-416(c)) as amended by this section, in
accordance with subsection (a) of this section, and who, prior
to the effective date of this section has earned, but has not
been credited with, an increase in his or her rate of pay shall
be afforded that increase before such member is placed in the
corresponding service step in the salary schedule under section
501(c).
(2) Except in the cases of the Assistant Chief and the
Chief of the United States Secret Service Uniformed Division,
the conversion of positions and individuals to appropriate
classes of the salary schedule under section 501(c) of the
District of Columbia Police and Firemen's Salary Act of 1958
(District of Columbia Code, section 4-416(c)) as amended by
this section, and the initial adjustments of rates of basic pay
of those positions and individuals, in accordance with
paragraph (1) of this subsection, shall not be considered to be
transfers or promotions within the meaning of section 304 of
the District of Columbia Police and Firemen's Salary Act of
1958 (District of Columbia Code, section 4-413).
(3) Each member whose position is converted to the salary
schedule under section 501(c) of the District of Columbia
Police and Firemen's Salary Act of 1958 (District of Columbia
Code, section 4-416(c)) as amended by this section, in
accordance with subsection (a) of this section, shall be
granted credit for purposes of such member's first service step
adjustment under the salary schedule in such section 510(c) for
all satisfactory service performed by the member since the
member's last increase in basic pay prior to the adjustment
under that section.
(c) Limitation on Pay Period Earnings.--The Act of August 15, 1950
(64 Stat. 477), (District of Columbia Code, section 4-1104), is
amended--
(1) in subsection (h), by striking ``any officer or
member'' each place it appears and inserting ``an officer or
member of the Metropolitan Police force, of the Fire Department
of the District of Columbia, or of the United States Park
Police'';
(2) by redesignating subsection (h)(3) as subsection (i);
and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) no premium pay provided by this section shall be
paid to, and no compensatory time is authorized for, any
officer or member of the United States Secret Service Uniformed
Division whose rate of basic pay, combined with any applicable
locality-based comparability payment, equals or exceeds the lesser of--
``(i) 150 percent of the minimum rate payable for
grade GS-15 of the General Schedule (including any
applicable locality-based comparability payment under
section 5304 of title 5, United States Code or any
similar provision of law, and any applicable special
rate of pay under section 5305 of title 5, United
States Code or any similar provision of law); or
``(ii) the rate payable for level V of the
Executive Schedule contained in subchapter II of
chapter 53 of title 5, United States Code.
``(B) In the case of any officer or member of the United
States Secret Service Uniformed Division whose rate of basic
pay, combined with any applicable locality-based comparability
payment, is less than the lesser of--
``(i) 150 percent of the minimum rate payable for
grade GS-15 of the General Schedule (including any
applicable locality-based comparability payment under
section 5304 of title 5, United States Code or any
similar provision of law, and any applicable special
rate of pay under section 5305 of title 5, United
States Code or any similar provision of law); or
``(ii) the rate payable for level V of the
Executive Schedule contained in subchapter II of
chapter 53 of title 5, United States Code,
such premium pay may be paid only to the extent that such
payment would not cause such officer or member's aggregate rate
of compensation to exceed such lesser amount with respect to
any pay period.''.
(d) Savings Provision.--On the effective date of this section, any
existing special salary rates authorized for members of the United
States Secret Service Uniformed Division under section 5305 of title 5,
United States Code (or any previous similar provision of law) and any
special rates of pay or special pay adjustments under section 403, 404,
or 405 of the Federal Law Enforcement Pay Reform Act of 1990 applicable
to members of the United States Secret Service Uniformed Division shall
be rendered inapplicable.
(e) Conforming Amendment.--The Federal Law Enforcement Pay Reform
Act of 1990 (104 Stat. 1466) is amended by striking subsections (b)(1)
and (c)(1) of section 405.
(f) Effective Date.--The provisions of this section shall become
effective on the first day of the first pay period beginning after the
date of enactment. | Amends the District of Columbia Police and Firemen's Salary Act of 1958 to set forth the annual rates of basic pay for officers and members of the United States Secret Service Uniformed Division. Sets a limitation on certain pay period earnings with respect to premium pay paid to and compensatory time authorized for such officers and members. | {"src": "billsum_train", "title": "A bill to simplify and consolidate the pay system for the United States Secret Service Uniformed Division, and for other purposes."} | 2,750 | 70 | 0.558725 | 1.334523 | 0.536977 | 4.278689 | 42.163934 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Contract Equity Act''.
SEC. 2. CONTRACT GOALS FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN
INSTITUTIONS OF HIGHER EDUCATION.
(a) Modification of Limitation on Use of Price Adjustments.--
Subparagraph (B) of section 2323(e)(3) of title 10, United States Code,
is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) No suspension shall be issued in an industry
category under this paragraph if the President determines in
writing that contracts for a price exceeding fair market cost
are necessary to remedy demonstrated discrimination in such
industry category. Any such determination shall be published in
the Federal Register for a period of not less than 60 days
before becoming effective. Any person or entity adversely
affected by the application of such designation may seek
judicial review in the appropriate United States district
court.''.
(b) Extension of Section 2323.--Subsection (k) of section 2323 of
such Code is amended by striking out ``2000'' both places it appears
and inserting in lieu thereof ``2005''.
SEC. 3. MENTOR-PROTEGE PROGRAM IMPROVEMENTS.
(a) Program Participation Term.--Subsection (e)(2) of section 831
of the National Defense Authorization Act for Fiscal Year 1991 (10
U.S.C. 2302 note) is amended to read as follows:
``(2) A program participation term for any period of not
more than three years, except that the term may be a period of
up to five years if the Secretary of Defense determines in
writing that unusual circumstances justify a program
participation term in excess of three years.''.
(b) Incentives Authorized for Mentor Firms.--Subsection (g) of such
section is amended--
(1) in paragraph (1), by striking ``shall'' and inserting
``may'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``shall'' and inserting
``may'';
(ii) by striking ``subsection (f)'' and all
that follows through ``(i) as a line item'' and
inserting ``subsection (f) as provided for in a
line item'';
(iii) by striking the semicolon preceding
clause (ii) and inserting ``, except that this
clause does not apply in a case in which the
Secretary of Defense determines in writing that
unusual circumstances justify reimbursement
using a separate contract.''; and
(iv) by striking clauses (ii), (iii), and
(iv); and
(B) by striking subparagraph (B) and inserting the
following:
``(B) The determinations made in annual performance reviews of a
mentor firm's mentor-protege agreement under subsection (l)(2) shall be
a major factor in the determinations of amounts of reimbursement, if
any, that the mentor firm is eligible to receive in the remaining years
of the program participation term under the agreement.
``(C) The total amount reimbursed under this paragraph to a mentor
firm for costs of assistance furnished in a fiscal year to a protege
firm may not exceed $1,000,000, except in a case in which the Secretary
of Defense determines in writing that unusual circumstances justify a
reimbursement of a higher amount.''; and
(3) in paragraph (3)(A), by striking ``either subparagraph
(A) or (C) of paragraph (2) or are reimbursed pursuant to
subparagraph (B) of such paragraph'' and inserting ``paragraph
(2)''.
(c) Five-Year Extension of Authority.--Subsection (j) of such
section is amended to read as follows:
``(j) Expiration of Authority.--(1) No mentor-protege agreement may
be entered into under subsection (e) after September 30, 2004.
``(2) No reimbursement may be paid, and no credit toward the
attainment of a subcontracting goal may be granted, under subsection
(g) for any cost incurred after September 30, 2005.''.
(d) Reports and Reviews.--Subsection (l) of such section is amended
to read as follows:
``(l) Reports and Reviews.--(1) The mentor firm and protege firm
under a mentor-protege agreement shall submit to the Secretary of
Defense an annual report on the progress made by the protege firm in
employment, revenues, and participation in Department of Defense
contracts during the fiscal year covered by the report. The requirement
for submission of an annual report applies with respect to each fiscal
year covered by the program participation term under the agreement and
each of the two fiscal years following the expiration of the program
participation term. The Secretary shall prescribe the timing and form
of the annual report.
``(2)(A) The Secretary shall conduct an annual performance review
of each mentor-protege agreement that provides for reimbursement of
costs. The Secretary shall determine on the basis of the review
whether--
``(i) all costs reimbursed to the mentor firm under the
agreement were reasonably incurred to furnish assistance to the
protege firm in accordance with the requirements of this
section and applicable regulations; and
``(ii) the mentor firm and protege firm accurately reported
progress made by the protege firm in employment, revenues, and
participation in Department of Defense contracts during the
program participation term covered by the mentor-protege
agreement and the two fiscal years following the expiration of
the program participation term.
``(B) The Secretary shall act through the Commander of the Defense
Contract Management Command in carrying out the reviews and making the
determinations under subparagraph (A).
``(3) Not later than 6 months after the end of each of fiscal years
2000 through 2004, the Secretary of Defense shall submit to Congress an
annual report on the mentor-protege program for that fiscal year.
``(2) The annual report for a fiscal year shall include, at a
minimum, the following:
``(A) The number of mentor-protege agreements that were
entered into during the fiscal year.
``(B) The number of mentor-protege agreements that were in
effect during the fiscal year.
``(C) The total amount reimbursed to mentor firms pursuant
to subsection (g) during the fiscal year.
``(D) Each mentor-protege agreement, if any, that was
approved during the fiscal year in accordance with subsection
(e)(2) to provide a program participation term in excess of 3
years, together with the justification for the approval.
``(E) Each reimbursement of a mentor firm in excess of the
limitation in subsection (g)(2)(C) that was made during the
fiscal year pursuant to an approval granted in accordance with
that subsection, together with the justification for the
approval.
``(F) Trends in the progress made in employment, revenues,
and participation in Department of Defense contracts by the
protege firms participating in the program during the fiscal
year and the protege firms that completed or otherwise
terminated participation in the program during the preceding
two fiscal years.''.
(e) Repeal of Limitation on Availability of Funding.--Subsection
(n) of such section is repealed.
(f) Effective Date and Savings Provision.--(1) The amendments made
by this section shall take effect on October 1, 1999, and shall apply
with respect to mentor-protege agreements that are entered into under
section 831(e) of the National Defense Authorization Act for Fiscal
Year 1991 on or after that date.
(2) Section 831 of the National Defense Authorization Act for
Fiscal Year 1991, as in effect on September 30, 1999, shall continue to
apply with respect to mentor-protege agreements entered into before
October 1, 1999. | Access to Contract Equity Act - States that, with respect to a contract goal by the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration for the award of five percent of their procurement contracts to small disadvantaged businesses and certain minority institutions, no suspension of price modifications (allowing an item's contract price to exceed fair market value) shall be issued in an industry category if the President determines that contracts for a price exceeding fair market value are necessary to remedy demonstrated discrimination in such category. Requires such determination to be published in the Federal Register, and allows any person affected by the application of such determination to seek appropriate judicial review.
Amends provisions of the National Defense Authorization Act for Fiscal Year 1991 relating to the Mentor-Protege Pilot Program to: (1) make the program term three years, or five years in unusual circumstances as determined by the Secretary of Defense; (2) authorize (currently, requires) the Secretary to reimburse a mentor firm for the full cost of certain payments and assistance made under the program; (3) allow the Secretary to provide such reimbursement using a separate contract; (4) make determinations made in the annual performance reviews of a mentor firm's agreement a major factor in determining reimbursement amounts; and (5) limit to $1 million per fiscal year the total amount reimbursed for assistance to a protege firm, except when the Secretary determines that unusual circumstances justify reimbursement of a higher amount. | {"src": "billsum_train", "title": "Access to Contract Equity Act"} | 1,753 | 308 | 0.601513 | 2.066383 | 0.758128 | 2.762411 | 5.794326 | 0.868794 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Indian Gambling Reform
Act of 2008''.
SEC. 2. CONSULTATION WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS.
Section 20 of the Indian Gaming Regulatory Act (25 U.S.C. 2719) is
amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) the Indian tribe has no reservation as of October 17,
1988, and the land is located in the State of Oklahoma and--
``(A) is within the boundaries of the former
reservation of the Indian tribe, as defined by the
Secretary; or
``(B) is contiguous to other land held in trust or
restricted status by the United States for the benefit
of the Indian tribe in the State of Oklahoma.'';
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``paragraph (2)(B)'' and
inserting ``paragraph (3)(B)''; and
(C) by striking ``(b)(1) Subsection'' and all that
follows through clause (iii) of paragraph (1)(B) and
inserting the following:
``(b) Exceptions.--
``(1) In general.--
``(A) Effect on community.--Subject to subparagraph
(B) and paragraph (2), subsection (a) shall not apply
to Indian lands for which the Secretary, after
consultation with the Indian tribe and officials of all
State, local, and tribal governments that have
jurisdiction over land located within 60 miles of the
Indian lands, determines that a gaming establishment on
that land--
``(i) would be in the best interest of the
Indian tribe and its members; and
``(ii) taking into consideration the
results of a study of the economic impact of
the gaming establishment, would not have a
negative economic impact, or any other negative
effect, on any unit of government, business,
community, or Indian tribe located within 60
miles of the land.
``(B) Concurrence of affected state.--For a
determination of the Secretary under subparagraph (A)
to become valid, the Governor and legislative body of
the State in which a gaming activity is proposed to be
conducted shall concur in the determination.
``(C) Effect of paragraph.--This paragraph shall
not apply to any land on which a gaming facility is in
operation as of the date of enactment of the Common
Sense Indian Gambling Reform Act of 2008.
``(2) Primary nexus.--
``(A) In general.--The land described in paragraph
(1) shall be land--
``(i) within a State in which the Indian
tribe is primarily located, as determined by
the Secretary; and
``(ii) on which the primary geographic,
social, and historical nexus to land of the
Indian tribe is located, as determined in
accordance with subparagraph (B).
``(B) Determination.--For purposes of subparagraph
(A), a geographic, social, and historical nexus to land
of an Indian tribe shall exist with respect to land
that is--
``(i)(I) owned by, or held in trust by the
United States for the benefit of, an Indian
tribe;
``(II) located within the boundaries of--
``(aa) the geographical area, as
designated by the Secretary, in which
financial assistance and social service
programs are provided to the Indian
tribe, including land on or contiguous
to a reservation; or
``(bb) the geographical area
designated by the Indian tribe during
the Federal acknowledgment process of
the Indian tribe as the area in which
more than 50 percent of the members of
the Indian tribe reside in a group
composed exclusively or almost
exclusively of members of the Indian
tribe; and
``(III) located within the geographical
area in which the Indian tribe demonstrates
that the Indian tribe has historically resided,
as determined by the Secretary; or
``(ii) located--
``(I) in a State other than the
State of Oklahoma; and
``(II) within the boundaries of the
last recognized reservation of the
Indian tribe in any State in which the
Indian tribe is located as of the date
on which a determination under this
subparagraph is made.'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(4) by inserting after subsection (b) the following:
``(c) Contiguous Land Requirement.--Notwithstanding any other
provision of this Act, an Indian tribe shall conduct any gaming
activity subject to regulation under this Act on 1 contiguous parcel of
Indian lands.''.
SEC. 3. TRIBAL GAMING ORDINANCES.
Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``, and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the class II gaming is conducted--
``(i) on lands that were Indian lands
before the date of enactment of this
subparagraph; or
``(ii) on land taken into trust for the
benefit of the Indian tribe after the date of
enactment of this subparagraph, but only if the
application of the Indian tribe requesting that
the land be taken into trust for the benefit of
the Indian tribe stated the intent of the
Indian tribe to conduct class II gaming
activities on the land.''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``such lands,'' and inserting ``the
Indian lands;'';
(II) in clause (ii), by striking
``, and'' and inserting ``; and''; and
(III) in clause (iii), by striking
the comma at the end and inserting a
semicolon;
(ii) in subparagraph (B), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(D) conducted--
``(i) on lands that were Indian lands
before the date of enactment of this
subparagraph; or
``(ii) on land taken into trust for the
benefit of the Indian tribe after the date of
enactment of this subparagraph, but only if the
application of the Indian tribe requesting that
the land be taken into trust for the benefit of
the Indian tribe stated the intent of the
Indian tribe to conduct class III gaming
activities on the land.''; and
(B) by adding at the end the following:
``(10) Definition of state.--In this subsection, the term
`State' means the Governor of the State and the legislative
body of the State.''.
SEC. 4. INVESTIGATION AND APPROVAL.
(a) Powers of the Chairman.--Section 6(a) of the Indian Gaming
Regulatory Act (25 U.S.C. 2705(a)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) approve or disapprove the involvement in a gaming
activity subject to regulation by the Commission of any 1 of
the 10 persons or entities that have the highest financial
interest in the gaming activity, as identified by the
Commission under section 7(b)(3)(A).''.
(b) Powers of the Commission.--Section 7(b) of the Indian Gaming
Regulatory Act (25 U.S.C. 2706(b)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``shall have the authority'' after ``Commission'';
(2) in paragraphs (1), (2), and (10), by striking ``shall''
each place it appears and inserting ``to'';
(3) in paragraph (2), by striking ``is conducted'' and
inserting ``or class III gaming is conducted to ensure
compliance with this Act (including regulations promulgated
pursuant to paragraph (10))'';
(4) by striking paragraph (3) and inserting the following:
``(3)(A) to identify the 10 persons or entities that have
the highest financial interest (including outstanding loans,
debt-based financing, and other financial interests) in each
gaming activity subject to regulation by the Commission; and
``(B) to conduct a background investigation of--
``(i) each of the persons and entities identified
under subparagraph (A); and
``(ii) any other person or entity, as the
Commission determines to be appropriate;'';
(5) in paragraphs (4) through (9), by striking ``may'' each
place it appears and inserting ``to'';
(6) in paragraph (4), by inserting ``and class III gaming''
after ``class II gaming''; and
(7) in paragraph (10), by inserting ``, including
regulations to address minimum internal control standards for
class II gaming and class III gaming'' after ``this Act''.
(c) Tribal Gaming Ordinances.--Section 11(b)(2)(F) of the Indian
Gaming Regulatory Act (25 U.S.C. 2710(b)(2)(F)) is amended by striking
clause (i) and inserting the following:
``(i) ensures that--
``(I) a background investigation
will be conducted by the Commission
on--
``(aa) each tribal gaming
commissioner;
``(bb) key tribal gaming
employees, as determined by the
Commission;
``(cc) primary management
officials; and
``(dd) key employees of the
gaming enterprise; and
``(II) oversight of the individuals
described in subclause (I) will be
conducted on an ongoing basis; and''.
(d) Commission Funding.--Section 18(a)(2)(B) of the Indian Gaming
Regulatory Act (25 U.S.C. 2717(a)(2)(B)) is amended--
(1) by indenting the subparagraph appropriately; and
(2) by striking ``0.080 percent'' and all that follows
through the end of the subparagraph and inserting
``$16,000,000.''.
SEC. 5. CHANGING USE OF INDIAN LANDS.
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is
amended--
(1) by redesignating sections 21 through 24 as sections 22
through 25, respectively; and
(2) by inserting after section 20 the following:
``SEC. 21. CHANGING USE OF INDIAN LANDS.
``Before an Indian tribe uses any Indian lands for purposes of
class II gaming or class III gaming, the Indian tribe shall--
``(1) submit to the Secretary an environmental impact
statement that the Secretary determines to be in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) relating to that use; and
``(2) obtain the consent of the Secretary with respect to
the change in use of the Indian lands.''.
SEC. 6. EFFECT OF ACT.
This Act, and the amendments made by this Act, shall not affect any
compact or other agreement relating to gaming subject to regulation
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) in
existence on the date of enactment of this Act. | Common Sense Indian Gambling Reform Act of 2008 - Amends the Indian Gaming Regulatory Act to revise requirements for the exemption of Indian land from gaming prohibitions.
Requires: (1) the governor and the legislative body of the state in which a gaming activity is proposed to concur with the Secretary of the Interior's determination that the activity would be in the best interest of the tribe and not have a negative impact; and (2) the land to be land within a state in which the tribe is primarily located and land on which the primary geographic, social, and historical nexus is located.
Adds as conditions for class II or class III gaming that it be conducted on: (1) lands that were Indian lands before enactment of this Act; or (2) land taken into trust for an Indian tribe after enactment, but only if the application requesting that the land be taken into trust stated the tribe's intent to conduct such gaming activities on the land.
Authorizes the Chairman of the National Indian Gaming Commission to: (1) approve the involvement in a gaming activity of any one of the ten persons or entities that have the highest financial interest in the activity; (2) investigate gaming activities and conduct background investigations of such persons or entities; and (3) audit and inspect class III gaming on Indian lands. Requires tribal ordinances to provide the Commission will conduct background investigations on tribal gaming commissioners, key tribal gaming employees, primary management officials, and key employees of the gaming enterprise.
Revises the cap on the total fees to be paid to the Commission during any fiscal year by gaming operations conducting regulated class II and III gaming activities.
Requires Indian tribes, before using lands for class II or III gaming, to: (1) submit to the Secretary an environmental impact statement; and (2) obtain the Secretary's consent with respect to the change in use of the lands. | {"src": "billsum_train", "title": "A bill to make technical corrections to the Indian Gaming Regulatory Act, and for other purposes."} | 2,746 | 400 | 0.598307 | 1.729159 | 0.769474 | 3.059459 | 6.859459 | 0.897297 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle Class Savings and Capital
Gains Act of 1995''.
SEC. 2. LIFETIME NET CAPITAL GAIN DEDUCTION FOR INDIVIDUALS.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by adding at the end the following new section:
``SEC. 1203. LIFETIME NET CAPITAL GAIN DEDUCTION FOR INDIVIDUALS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction for the taxable year an amount equal to 100
percent of the net capital gain for the taxable year.
``(b) $100,000 Lifetime Limit.--
``(1) First taxable year.--The amount of the net capital
gain taken into account under subsection (a) for the first
taxable year ending after December 31, 1994, shall not exceed
$100,000.
``(2) Subsequent taxable years.--
``(A) In general.--The amount of the net capital
gain taken into account under subsection (a) for any
subsequent taxable year shall not exceed--
``(i) the excess of the limitation under
this subsection for the preceding taxable year
reduced by the amount of the net capital gain
taken into account under this subsection by the
taxpayer for such preceding year, multiplied by
``(ii) the inflation adjustment factor for
the calendar year in which such subsequent
taxable year begins.
``(B) Inflation adjustment factor.--The inflation
adjustment factor for any calendar year is 100 percent
plus the percentage (if any) by which the CPI for the
preceding calendar year exceeds the CPI for the second
preceding calendar year. For purposes of the preceding
sentence, the CPI for any calendar year shall be
determined under section 1(f)(4).
``(3) Special rule for joint returns.--The amount of the
net capital gain taken into account under this section on a
joint return for any taxable year shall be allocated equally
between the spouses for purposes of determining the limitation
under paragraph (2) for any succeeding taxable year.
``(c) Exclusion Not To Apply to Gain on Sale of Principal Residence
by Individuals Under Age 55.--
``(1) In general.--There shall not be taken into account
under this section any gain on the sale or exchange of any
property if--
``(A) any portion of such property was used at any
time as the principal residence (within the meaning of
section 1034) of the taxpayer, and
``(B) the taxpayer has not attained age 55 before
the date of such sale or exchange.
``(2) Special rules.--
``(A) Exception for rental property.--Paragraph (1)
shall not apply to a sale or exchange if, during the 3-
year period ending on the date of the sale or exchange,
such portion is rented, or held for rental, at a fair
market rental for periods aggregating 2 years or more.
``(B) Property held jointly by husband and wife.--A
rule similar to the rule of section 121(d)(1) shall
apply for purposes of this subsection.
``(d) Section Not To Apply to Certain Taxpayers.--No deduction
shall be allowed under this section to--
``(1) any individual who has not attained age 21 before the
close of the taxable year, or
``(2) an estate or trust.
``(e) Coordination With Treatment of Capital Gain Under Limitation
on Investment Interest.--For purposes of this section, the net capital
gain for any taxable year shall be reduced (but not below zero) by the
amount which the taxpayer takes into account as investment income under
section 163(d)(4)(B)(iii).
``(f) Transitional Rule.--
``(1) In general.--In the case of a taxable year which
includes January 1, 1995, the amount taken into account as the
net capital gain under subsection (a) shall not exceed the net
capital gain determined by only taking into account gains and
losses properly taken into account for the portion of the
taxable year on or after January 1, 1995.
``(2) Special rules for pass-thru entities.--
``(A) In general.--In applying paragraph (1) with
respect to any pass-thru entity, the determination of
when gains and losses are properly taken into account
shall be made at the entity level.
``(B) Pass-thru entity defined.--For purposes of
subparagraph (A), the term `pass-thru entity' means--
``(i) a regulated investment company,
``(ii) a real estate investment trust,
``(iii) an S corporation,
``(iv) a partnership,
``(v) an estate or trust, and
``(vi) a common trust fund.''
(b) Deduction Allowable in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting after
paragraph (15) the following new paragraph:
``(16) Capital gains deduction.--The deduction allowed by
section 1203.''
(c) Conforming Amendments.--
(1) Subparagraph (B) of section 172(d)(2) of such Code is
amended by inserting before the period ``and the deduction
provided by section 1203 shall not be allowed''.
(2) Paragraph (4) of section 691(c) of such Code is amended
by inserting ``1203,'' after ``1202,''.
(3) The second sentence of paragraph (2) of section 871(a)
of such Code is amended by inserting ``or 1203'' after
``1202''.
(4) Paragraph (1) of section 1402(i) of such Code is
amended to read as follows:
``(1) In general.--In determining the net earnings from
self-employment of any options dealer or commodities dealer--
``(A) notwithstanding subsection (a)(3)(A), there
shall not be excluded any gain or loss (in the normal
course of the taxpayer's activity of dealing in or
trading section 1256 contracts) from section 1256
contracts or property related to such contracts, and
``(B) the deduction provided by section 1203 shall
not apply.''
(d) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
thereof the following new item:
``Sec. 1203. Capital gains deduction for
individuals.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after December 31, 1994. | Middle Class Savings and Capital Gains Act of 1995 - Amends the Internal Revenue Code to allow individuals, in computing their adjusted gross income, a deduction of 100 percent of their net capital gain. Sets a $100,000 lifetime limit on the deduction and adjusts for inflation the balance of this amount remaining after the first year the deduction is taken.
Excludes from determinations of the deduction the gain on the sale or exchange of a principal residence by a taxpayer under age 55. | {"src": "billsum_train", "title": "Middle Class Savings and Capital Gains Act of 1995"} | 1,516 | 103 | 0.623671 | 1.474912 | 0.5678 | 2.120879 | 15.087912 | 0.868132 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Israel Cybersecurity
Cooperation Enhancement Act of 2016''.
SEC. 2. UNITED STATES-ISRAEL CYBERSECURITY COOPERATION.
(a) Grant Program.--
(1) Establishment.--The Secretary, in accordance with the
agreement entitled the ``Agreement between the Government of
the United States of America and the Government of the State of
Israel on Cooperation in Science and Technology for Homeland
Security Matters'', dated May 29, 2008 (or successor
agreement), and the requirements specified in paragraph (2),
shall establish a grant program at the Department to support--
(A) cybersecurity research and development; and
(B) demonstration and commercialization of
cybersecurity technology.
(2) Requirements.--
(A) Applicability.--Notwithstanding any other
provision of law, in carrying out a research,
development, demonstration, or commercial application
program or activity that is authorized under this
section, the Secretary shall require cost sharing in
accordance with this paragraph.
(B) Research and development.--
(i) In general.--Except as provided in
clause (ii), the Secretary shall require not
less than 50 percent of the cost of a research,
development, demonstration, or commercial
application program or activity described in
subparagraph (A) to be provided by a non-
Federal source.
(ii) Reduction.--The Secretary may reduce
or eliminate, on a case-by-case basis, the
percentage requirement specified in clause (i)
if the Secretary determines that such reduction
or elimination is necessary and appropriate.
(C) Merit review.--In carrying out a research,
development, demonstration, or commercial application
program or activity that is authorized under this
section, awards shall be made only after an impartial
review of the scientific and technical merit of the
proposals for such awards has been carried out by or
for the Department.
(D) Review processes.--In carrying out a review
under subparagraph (C), the Secretary may use merit
review processes developed under section 302(14) of the
Homeland Security Act of 2002 (6 U.S.C. 182(14)).
(3) Eligible applicants.--An applicant shall be eligible to
receive a grant under this subsection if the project of such
applicant--
(A) addresses a requirement in the area of
cybersecurity research or cybersecurity technology, as
determined by the Secretary; and
(B) is a joint venture between--
(i)(I) a for-profit business entity,
academic institution, National Laboratory (as
defined in section 2 of the Energy Policy Act
of 2005 (42 U.S.C. 15801)), or nonprofit entity
in the United States; and
(II) a for-profit business entity, academic
institution, or nonprofit entity in Israel; or
(ii)(I) the Federal Government; and
(II) the Government of Israel.
(4) Applications.--To be eligible to receive a grant under
this subsection, an applicant shall submit to the Secretary an
application for such grant in accordance with procedures
established by the Secretary, in consultation with the advisory
board established under paragraph (5).
(5) Advisory board.--
(A) Establishment.--The Secretary shall establish
an advisory board to--
(i) monitor the method by which grants are
awarded under this subsection; and
(ii) provide to the Secretary periodic
performance reviews of actions taken to carry
out this subsection.
(B) Composition.--The advisory board established
under subparagraph (A) shall be composed of three
members, to be appointed by the Secretary, of whom--
(i) one shall be a representative of the
Federal Government;
(ii) one shall be selected from a list of
nominees provided by the United States-Israel
Binational Science Foundation; and
(iii) one shall be selected from a list of
nominees provided by the United States-Israel
Binational Industrial Research and Development
Foundation.
(6) Contributed funds.--Notwithstanding any other provision
of law, the Secretary may accept or retain funds contributed by
any person, government entity, or organization for purposes of
carrying out this subsection. Such funds shall be available,
subject to appropriation, without fiscal year limitation.
(7) Report.--Not later than 180 days after the date of
completion of a project for which a grant is provided under
this subsection, the grant recipient shall submit to the
Secretary a report that contains--
(A) a description of how the grant funds were used
by the recipient; and
(B) an evaluation of the level of success of each
project funded by the grant.
(8) Classification.--Grants shall be awarded under this
subsection only for projects that are considered to be
unclassified by both the United States and Israel.
(b) Termination.--The grant program and the advisory board
established under this section terminate on the date that is seven
years after the date of the enactment of this Act.
(c) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this Act.
(d) Definitions.--In this section--
(1) the term ``cybersecurity research'' means research,
including social science research, into ways to identify,
protect against, detect, respond to, and recover from
cybersecurity threats;
(2) the term ``cybersecurity technology'' means technology
intended to identify, protect against, detect, respond to, and
recover from cybersecurity threats;
(3) the term ``cybersecurity threat'' has the meaning given
such term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (enacted as title I of the Cybersecurity
Act of 2015 (division N of the Consolidated Appropriations Act,
2016 (Public Law 114-113)));
(4) the term ``Department'' means the Department of
Homeland Security; and
(5) the term ``Secretary'' means the Secretary of Homeland
Security.
Passed the House of Representatives November 29, 2016.
Attest:
KAREN L. HAAS,
Clerk. | United States-Israel Cybersecurity Cooperation Enhancement Act of 2016 (Sec. 2) This bill requires the Department of Homeland Security (DHS) to establish a grant program to support cybersecurity research and development, and the demonstration and commercialization of cybersecurity technology, in accordance with the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters, dated May 29, 2008, or a successor agreement. Grants may be awarded for social science research and technology intended to identify, protect against, respond to, and recover from cybersecurity threats. To be eligible for a grant, a project must be a joint venture between: (1) for-profit, nonprofit, or academic entities (including U.S. national laboratories) in the United States and Israel; or (2) the governments of the United States and Israel. Grants shall be awarded only for projects considered unclassified by both the United States and Israel. DHS must require cost sharing of at least 50% from nonfederal sources for grant activities, but it may reduce the nonfederal percentage if necessary on a case-by-case basis. DHS must establish an advisory board to monitor the impartial scientific and technical merit method by which grants are awarded and provide periodic reviews of the actions taken to carry out the program. The grant program terminates seven years after this bill's enactment. | {"src": "billsum_train", "title": "United States-Israel Cybersecurity Cooperation Enhancement Act of 2016"} | 1,332 | 299 | 0.679299 | 2.173131 | 0.7905 | 3.637363 | 4.479853 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tomb of the Unknown Soldier
Centennial Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Tomb of the Unknown Soldier is a memorial site at
Arlington National Cemetery. On March 4, 1921, Congress
approved the burial of an unidentified soldier of the United
States on the site to commemorate the unknown soldiers who died
during World War I.
(2) As of the date of enactment of this Act, the site also
includes unknown soldiers from World War II and the Korean War.
These graves are marked with white marble slabs embedded in the
plaza below the original sarcophagus.
(3) The original white marble sarcophagus of the unknown
soldier from World War I features 3 Greek figures representing
peace, victory, and valor. There are 6 wreaths, 3 sculpted on
each side, which represent the major campaigns of World War I.
(4) The original unknown soldier lay in the rotunda of the
Capitol from his arrival in the United States until Armistice
Day, 1921. President Warren G. Harding officiated at the
interment ceremonies at the Memorial Amphitheater at Arlington
National Cemetery.
(5) The Tomb of the Unknown Soldier is guarded 24 hours a
day, 365 days a year, and in any weather by Tomb Guard
sentinels. The sentinels, all of whom are volunteers, are
considered to be the best of the elite 3d Infantry Regiment of
the Army (commonly known as the ``Old Guard''), headquartered
at Fort Myer, Virginia.
(6) Inscribed on the back of the Tomb of the Unknown
Soldier are the words, ``Here rests in honored glory an
American soldier known but to God''.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall mint and issue not more than
100,000 $1 coins in commemoration of the centennial of the
establishment of the Tomb of the Unknown Soldier, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain not less than 90 percent silver.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of the establishment
of the Tomb of the Unknown Soldier.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2021''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) chosen by the Secretary after consultation with--
(A) the Society of the Honor Guard, Tomb of the
Unknown Soldier; and
(B) the Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the 1-year period beginning on January 1, 2021.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge described in section 7 with respect to
the coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the date on which
the coins are issued.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the National World War I Museum and Memorial for the purposes of
assisting in commemorating the centennial of the establishment of the
Tomb of the Unknown Soldier.
(c) Audits.--The National World War I Museum and Memorial shall be
subject to the audit requirements under section 5134(f)(2) of title 31,
United States Code, with respect to the amounts received under
subsection (b).
(d) Limitation.--
(1) In general.--Notwithstanding subsection (a), no
surcharge may be included with respect to the issuance of any
coin under this Act during a calendar year if, on the date of
the issuance, the issuance of the coin would result in the
number of commemorative coin programs issued during that year
to exceed the limitation under section 5112(m)(1) of title 31,
United States Code.
(2) Issuance of guidance.--The Secretary may issue guidance
to carry out this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act shall result
in no net cost to the Federal Government; and
(2) no funds, including applicable surcharges, may be
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, overhead expenses, marketing, and shipping) is
recovered by the United States Treasury, consistent with
sections 5112(m) and 5134(f) of title 31, United States Code. | Tomb of the Unknown Soldier Centennial Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 100,000 $1 coins in commemoration of the centennial of the establishment of the Tomb of the Unknown Soldier. All sales of such coins shall include a surcharge of $10 for each coin. All surcharges received by Treasury from the sale of such coins must be paid to the National World War I Museum and Memorial to assist in the commemoration of the centennial. | {"src": "billsum_train", "title": "Tomb of the Unknown Soldier Centennial Commemorative Coin Act"} | 1,561 | 111 | 0.563594 | 1.43369 | 0.893203 | 4.467391 | 15.108696 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College Partnership Act of
2003''.
SEC. 2. COMMUNITY COLLEGE OPPORTUNITY; COLLEGE PREPARATION PROGRAMS
AUTHORIZED.
Subpart 2 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a-11) is amended--
(1) by redesignating section 407E as section 406E; and
(2) by adding at the end the following:
``CHAPTER 4--COMMUNITY COLLEGE OPPORTUNITY
``SEC. 407A. PURPOSE.
``It is the purpose of this chapter to enhance--
``(1) retention of students at community or technical
colleges;
``(2) opportunities of students to transfer to 4-year
institutions of higher education and complete baccalaureate
degrees; and
``(3) preparation of students for high-quality and high-
demand emerging and established occupations.
``SEC. 407B. ACTIVITIES.
``(a) Definitions.--In this chapter:
``(1) Community or technical college.--The term `community
or technical college' means an institution of higher
education--
``(A) that admits as regular students, individuals
who are beyond the age of compulsory school attendance
in the State in which the institution is located and
who have the ability to benefit from the training
offered by the institution;
``(B) that predominately does not provide an
educational program for which it awards a baccalaureate
degree (or an equivalent degree);
``(C) that--
``(i) provides an educational program of
not less than 2 years that is acceptable for
full credit toward a baccalaureate degree; or
``(ii) offers a 2-year program in
engineering, mathematics, or the physical or
biological sciences, designed to prepare a
student to work as a technician or at the
semiprofessional level in engineering,
scientific, or other technological fields
requiring the understanding and application of
basic engineering, scientific, or mathematical
principles of knowledge; and
``(D) that is accredited by a regional accrediting
agency or association recognized by the Secretary under
section 496.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a statewide governance or coordinating board
with jurisdiction over community or technical colleges
and institutions of higher education that offer a
baccalaureate or postbaccalaureate degree;
``(B) a partnership between a statewide governance
or coordinating board with jurisdiction over community
or technical colleges and a statewide governance or
coordinating board with jurisdiction over institutions
of higher education that offer a baccalaureate or
postbaccalaureate degree; or
``(C) a partnership between--
``(i) 1 or more community or technical
colleges; and
``(ii) 1 or more institutions of higher
education that offer a baccalaureate or
postbaccalaureate degree not awarded by the
institutions described in clause (i) with which
it is partnered.
``(b) Grants Authorized.--From the amounts appropriated under
section 407C, the Secretary shall award not less than 6 and not more
than 12 grants to eligible entities.
``(c) Applications.--Any eligible entity that desires to obtain a
grant under this chapter shall submit to the Secretary an application
at such time, in such manner, and containing such information or
assurances as the Secretary may require.
``(d) Awarding of Grants.--
``(1) Criteria.--The Secretary shall establish criteria for
awarding grants under this chapter.
``(2) Priority.--In awarding grants under this chapter, the
Secretary shall give priority to eligible entities that
demonstrate the capacity to identify and address systemic
problems related to college retention and the transfer of
community or technical college students to institutions of
higher education that offer a baccalaureate or
postbaccalaureate degree.
``(e) Duration.--Grants under this chapter shall be for a period of
5 or 6 years in duration, which period of time shall include a planning
and implementation phase.
``(f) Use of Funds.--Grants awarded under this chapter shall be
used for--
``(1) the development of policies to expand opportunities
for community or technical college students to earn
baccalaureate degrees, including promoting the transfer of
academic credits between institutions and expanding
articulation and guaranteed transfer agreements;
``(2) support services to students participating in the
program, such as tutoring, mentoring, and academic and personal
counseling, as well as any service that facilitates the
transition of students from a community or technical college to
an institution of higher education;
``(3) academic program enhancements at a community or
technical college that result in increasing the quality of the
program offered, the connection to high-quality and high-demand
emerging and established occupations, and the number of student
participants in a dual degree program offered in conjunction
with an institution of higher education that offers a
baccalaureate or postbaccalaureate degree; and
``(4) programs to identify barriers that inhibit student
transfers.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out this chapter.
``SEC. 407C. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this chapter
$70,000,000 for fiscal year 2004 and such sums as may be necessary for
each of the 3 succeeding fiscal years.''. | Community College Partnership Act of 2003 - Amends the Higher Education Act of 1965 to establish a community college opportunity program to help students at community or technical colleges (CTCs) to transfer to four-year institutions of higher education (IHEs) and complete baccalaureate degrees. Directs the Secretary of Education to award not less than six and not more than 12 program grants to eligible entities. Makes eligible for such grants: (1) partnerships that include one or more CTCs that award associate's degrees and one or more IHEs that offer a baccalaureate or postbaccalaureate degree not awarded by the partner colleges; or (2) a statewide governance or coordinating board that has jurisdiction over both CTCs and IHEs, or a partnership of such boards that have separate jurisdiction over such entities. Requires funds from such grants to be used for: (1) development of policies to expand opportunities for community or technical college students to earn baccalaureate degrees, including promoting the transfer of academic credits between institutions and expanding articulation and guaranteed transfer agreements; (2) support services to students participating in the program, including tutoring, mentoring, academic and personal counseling, and transition facilitation; (3) academic program enhancements at the community or technical college that increase program quality and the number of student participants in the dual degree program offered in conjunction with a baccalaureate degree granting institution; and (4) programs to identify barriers that inhibit student transfers. | {"src": "billsum_train", "title": "A bill to encourage partnerships between community colleges and 4-year institutions of higher education."} | 1,263 | 319 | 0.578585 | 1.674178 | 0.796849 | 3.779851 | 4.11194 | 0.899254 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Dr. James Allen
Veteran Vision Equity Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--LOW-VISION BENEFITS MATTERS
Sec. 101. Modification of rate of visual impairment for payment of
disability compensation.
Sec. 102. Improvement in compensation for veterans in certain cases of
impairment of vision involving both eyes.
TITLE II--MATTERS RELATING TO BURIAL AND MEMORIAL AFFAIRS
Sec. 201. Provision of medallion or other device for privately-purchased
grave markers.
Sec. 202. Improvement in provision of assistance to States relating to
the interment of veterans in cemeteries other than national
cemeteries.
Sec. 203. Modification of authorities on provision of Government
headstones and markers for burials of veterans at private
cemeteries.
TITLE III--OTHER MATTERS
Sec. 301. Use of national directory of new hires for income verification
purposes for certain veterans benefits.
Sec. 302. Extension of authority of Secretary of Veterans Affairs to
provide an educational assistance allowance to persons
performing qualifying work-study activities.
TITLE I--LOW-VISION BENEFITS MATTERS
SEC. 101. MODIFICATION OF RATE OF VISUAL IMPAIRMENT FOR PAYMENT OF
DISABILITY COMPENSATION.
Section 1114(o) of title 38, United States Code, is amended by
striking ``5/200'' and inserting ``20/200''.
SEC. 102. IMPROVEMENT IN COMPENSATION FOR VETERANS IN CERTAIN CASES
OF IMPAIRMENT OF VISION INVOLVING BOTH EYES.
Section 1160(a)(1) of title 38, United States Code, is amended--
(1) by striking ``blindness'' both places it appears and
inserting ``impairment of vision'';
(2) by striking ``misconduct;'' and inserting ``misconduct
and--''; and
(3) by adding at the end the following new subparagraphs:
``(A) the impairment of vision in each eye is rated at a
visual acuity of 20/200 or less; or
``(B) the peripheral field of vision for each eye is 20
degrees or less;''.
TITLE II--MATTERS RELATING TO BURIAL AND MEMORIAL AFFAIRS
SEC. 201. PROVISION OF MEDALLION OR OTHER DEVICE FOR PRIVATELY-
PURCHASED GRAVE MARKERS.
Section 2306(d) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(5) In lieu of furnishing a headstone or marker under this
subsection, the Secretary may furnish, upon request, a medallion or
other device of a design determined by the Secretary to signify the
deceased's status as a veteran, to be attached to a headstone or marker
furnished at private expense.''.
SEC. 202. IMPROVEMENT IN PROVISION OF ASSISTANCE TO STATES RELATING
TO THE INTERMENT OF VETERANS IN CEMETERIES OTHER THAN NATIONAL
CEMETERIES.
(a) Repeal of Time Limitation for State Filing for Reimbursement
for Interment Costs.--
(1) In general.--The second sentence of section 3.1604(d)(2) of
title 38, Code of Federal Regulations, shall have no further force
or effect as it pertains to unclaimed remains of a deceased
veteran.
(2) Retroactive application.--Paragraph (1) shall take effect
as of October 1, 2006 and apply with respect to interments and
inurnments occurring on or after that date.
(b) Grants for Operation and Maintenance of State Veterans'
Cemeteries.--
(1) In general.--Subsection (a) of section 2408 of title 38,
United States Code, is amended to read as follows:
``(a)(1) Subject to subsection (b), the Secretary may make a grant
to any State for the following purposes:
``(A) Establishing, expanding, or improving a veterans'
cemetery owned by the State.
``(B) Operating and maintaining such a cemetery.
``(2) A grant under paragraph (1) may be made only upon submission
of an application to the Secretary in such form and manner, and
containing such information, as the Secretary may require.''.
(2) Limitation on amounts awarded.--Subsection (e) of such
section is amended--
(A) by inserting ``(1)'' before ``Amounts''; and
(B) by adding at the end the following new paragraph:
``(2) In any fiscal year, the aggregate amount of grants awarded
under this section for the purposes specified in subsection (a)(1)(B)
may not exceed $5,000,000.''.
(3) Conforming amendments.--Such section is further amended--
(A) in subsection (b)--
(i) by striking ``Grants under this section'' and
inserting ``A grant under this section for a purpose
described in subsection (a)(1)(A)''; and
(ii) by striking ``a grant under this section'' each
place it appears and inserting ``such a grant'';
(B) in subsection (d), by striking ``to assist such State
in establishing, expanding, or improving a veterans'
cemetery''; and
(C) in subsection (f)(1), by inserting ``, or in operating
and maintaining such cemeteries,'' after ``veterans'
cemeteries''.
(4) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to carry out the amendments made by this
subsection.
SEC. 203. MODIFICATION OF AUTHORITIES ON PROVISION OF GOVERNMENT
HEADSTONES AND MARKERS FOR BURIALS OF VETERANS AT PRIVATE
CEMETERIES.
(a) Repeal of Expiration of Authority.--Subsection (d) of section
2306 of title 38, United States Code, as amended by section 201, is
further amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5), as added by that
section, as paragraphs (3) and (4), respectively.
(b) Retroactive Effective Date.--Notwithstanding subsection (d) of
section 502 of the Veterans Education and Benefits Expansion Act of
2001 (Public Law 107-103; 115 Stat. 995; 38 U.S.C. 2306 note) or any
other provision of law, the amendments made by that section and by
subsections (a), (b), (c), (d), and (f) of section 402 of the Veterans
Benefits, Health Care, and Information Technology Act of 2006 (Public
Law 109-461; 120 Stat. 3429) shall take effect as of November 1, 1990,
and shall apply with respect to headstones and markers for the graves
of individuals dying on or after that date.
TITLE III--OTHER MATTERS
SEC. 301. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME
VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS.
(a) Authority for Information Comparisons and Disclosures of
Information to Assist in Administration of Certain Veterans Benefits.--
Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended
by adding at the end the following new paragraph:
``(11) Information comparisons and disclosures to assist in
administration of certain veterans benefits.--
``(A) Furnishing of information by secretary of veterans
affairs.--Subject to the provisions of this paragraph, the
Secretary of Veterans Affairs shall furnish to the Secretary,
on such periodic basis as determined by the Secretary of
Veterans Affairs in consultation with the Secretary,
information in the custody of the Secretary of Veterans Affairs
for comparison with information in the National Directory of
New Hires, in order to obtain information in such Directory
with respect to individuals who are applying for or receiving--
``(i) needs-based pension benefits provided under
chapter 15 of title 38, United States Code, or under any
other law administered by the Secretary of Veterans
Affairs;
``(ii) parents' dependency and indemnity compensation
provided under section 1315 of title 38, United States
Code;
``(iii) health care services furnished under
subsections (a)(2)(G), (a)(3), or (b) of section 1710 of
title 38, United States Code; or
``(iv) compensation paid under chapter 11 of title 38,
United States Code, at the 100 percent rate based solely on
unemployability and without regard to the fact that the
disability or disabilities are not rated as 100 percent
disabling under the rating schedule.
``(B) Requirement to seek minimum information.--The
Secretary of Veterans Affairs shall seek information pursuant
to this paragraph only to the extent necessary to verify the
employment and income of individuals described in subparagraph
(A).
``(C) Duties of the secretary.--
``(i) Information disclosure.--The Secretary, in
cooperation with the Secretary of Veterans Affairs, shall
compare information in the National Directory of New Hires
with information provided by the Secretary of Veterans
Affairs with respect to individuals described in
subparagraph (A), and shall disclose information in such
Directory regarding such individuals to the Secretary of
Veterans Affairs, in accordance with this paragraph, for
the purposes specified in this paragraph.
``(ii) Condition on disclosure.--The Secretary shall
make disclosures in accordance with clause (i) only to the
extent that the Secretary determines that such disclosures
do not interfere with the effective operation of the
program under this part.
``(D) Use of information by secretary of veterans
affairs.--The Secretary of Veterans Affairs may use information
resulting from a data match pursuant to this paragraph only--
``(i) for the purposes specified in subparagraph (B);
and
``(ii) after removal of personal identifiers, to
conduct analyses of the employment and income reporting of
individuals described in subparagraph (A).
``(E) Reimbursement of hhs costs.--The Secretary of
Veterans Affairs shall reimburse the Secretary, in accordance
with subsection (k)(3), for the costs incurred by the Secretary
in furnishing the information requested under this paragraph.
``(F) Consent.--The Secretary of Veterans Affairs shall not
seek, use, or disclose information under this paragraph
relating to an individual without the prior written consent of
such individual (or of a person legally authorized to consent
on behalf of such individual).
``(G) Expiration of authority.--The authority under this
paragraph shall expire on September 30, 2011.''.
(b) Amendments to Veterans Affairs Authority.--
(1) In general.--Chapter 53 of title 38, United States Code, is
amended by inserting after section 5317 the following new section:
``Sec. 5317A. Use of income information from other agencies:
independent verification required before termination or reduction
of certain benefits and services
``(a) Independent Verification Required.--The Secretary may
terminate, deny, suspend, or reduce any benefit or service specified in
section 5317(c), with respect to an individual under age 65 who is an
applicant for or recipient of such a benefit or service, by reason of
information obtained from the Secretary of Health and Human Services
under section 453(j)(11) of the Social Security Act, only if the
Secretary takes appropriate steps to verify independently information
relating to the individual's employment and income from employment.
``(b) Opportunity to Contest Findings.--The Secretary shall inform
each individual for whom the Secretary terminates, denies, suspends, or
reduces any benefit or service under subsection (a) of the findings
made by the Secretary under such subsection on the basis of verified
information and shall provide to the individual an opportunity to
contest such findings in the same manner as applies to other
information and findings relating to eligibility for the benefit or
service involved.
``(c) Source of Funds for Reimbursement to Secretary of Health and
Human Services.--The Secretary shall pay the expense of reimbursing the
Secretary of Health and Human Services in accordance with section
453(j)(11)(E) of the Social Security Act, for the cost incurred by the
Secretary of Health and Human Services in furnishing information
requested by the Secretary under section 453(j)(11) of such Act, from
amounts available to the Department for the payment of compensation and
pensions.
``(d) Expiration of Authority.--The authority under this section
shall expire on September 30, 2011.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 5317 the following new item:
``5317A. Use of income information from other agencies: independent
verification required before termination or reduction of
certain benefits and services.''.
SEC. 302. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS
TO PROVIDE AN EDUCATIONAL ASSISTANCE ALLOWANCE TO PERSONS
PERFORMING QUALIFYING WORK-STUDY ACTIVITIES.
Section 3485(a)(4) of title 38, United States Code, is amended by
striking ``June 30, 2007'' each place it appears and inserting ``June
30, 2010''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Dr. James Allen Veteran Vision Equity Act of 2007 - Title I: Low-Vision Benefits Matters - (Sec. 101) Modifies the standard for awarding disability compensation to veterans for loss of vision to require payment of compensation for impairment of vision due to a service-connected disability resulting in 20/200 (currently, 5/200) visual acuity or less.
(Sec. 102) Modifies the above standard in the case of impairment of vision (currently, blindness) involving both eyes due to a service-connected disability in one eye and a non-service-connected disability in the other eye to require payment in the case of impairment resulting in a visual acuity of 20/200 or less or of a peripheral field of 20 degrees or less in each eye.
Title II: Matters Relating to Burial and Memorial Affairs - (Sec. 201) Authorizes the Secretary of Veterans Affairs, in lieu of furnishing a headstone or marker for the grave of certain individuals buried in a private cemetery, to furnish a medallion or other device to signify the deceased's status as a veteran, to be attached to a headstone or marker furnished at private expense.
(Sec. 202) Repeals, as of October 1, 2006, the time limit for a state's filing of a request for reimbursement for interment costs for veterans buried in cemeteries other than national cemeteries.
Authorizes the Secretary to make a grant to a state for operating and maintaining a veterans' cemetery owned by such state. Limits to $5 million the amount of such grants awarded in a fiscal year.
(Sec. 203) Makes permanent the authority of the Secretary to furnish government headstones or markers for the burial of veterans at private cemeteries.
Title III: Other Matters - (Sec. 301) Requires the Secretary to provide the Secretary of Health and Human Services with information for comparison with the National Directory of New Hires for income verification purposes in order to determine eligibility for certain veteran benefits and services. Requires the Secretary to: (1) seek only the minimum information necessary to make such determination; (2) receive prior written consent of the individual before seeking, using, or disclosing any such information; (3) independently verify any information received prior to terminating, denying, or reducing a benefit or service; and (4) allow an opportunity for an individual to contest negative findings. Terminates such authority at the end of FY2011.
(Sec. 302) Extends, through June 30, 2010, the Secretary's authority to provide an educational allowance to persons performing qualifying work-study activities. | {"src": "billsum_train", "title": "An act to amend title 38, United States Code, to improve low-vision benefits matters, matters relating to burial and memorial affairs, and other matters under the laws administered by the Secretary of Veterans Affairs, and for other purposes."} | 3,126 | 587 | 0.69913 | 2.298125 | 0.725259 | 2.884848 | 5.371717 | 0.909091 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``No Discrimination
in Health Insurance Act of 2008''.
(b) Purpose.--It is the purpose of this Act to--
(1) eliminate the application of pre-existing condition
exclusions in all group health coverage policies and all
individual health insurance policies; and
(2) provide that all health insurance issuers determine and
openly disclose the premium price for each and every group
health insurance policy and each and every individual health
insurance policy, such that within a specific metropolitan
statistical area, or other geographic area, all such premiums
and prices established by a given issuer shall be uniform.
SEC. 2. NONDISCRIMINATION IN GROUP HEALTH COVERAGE.
(a) Application Under the Employee Retirement Income Security Act
of 1974.--
(1) Elimination of preexisting condition exclusions.--
Section 701 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1181) is amended--
(A) by amending the heading to read as follows:
``elimination of preexisting condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, with respect to a
participant or beneficiary--
``(1) may not impose any pre-existing condition exclusion;
and
``(2) in the case of a group health plan that offers
medical care through health insurance coverage offered by a
health maintenance organization, may not provide for an
affiliation period with respect to coverage through the
organization.'';
(C) in subsection (b), by striking paragraph (3)
and inserting the following:
``(3) Affiliation period.--The term `affiliation period'
means a period which, under the terms of the health insurance
coverage offered by the health maintenance organization, must
expire before the health insurance coverage becomes
effective.'';
(D) by striking subsections (c), (d), (e), and (g);
and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Clerical amendment.--The item in the table of contents
of such Act relating to section 701 is amended to read as
follows:
``Sec. 701. Elimination of pre-existing condition exclusions.''.
(b) Application Under the Internal Revenue Code of 1986.--
(1) Elimination of preexisting condition exclusions.--
Section 9801 of the Internal Revenue Code of 1986 is amended--
(A) by amending the heading to read as follows:
``elimination of preexisting condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan with respect to a
participant or beneficiary may not impose any pre-existing condition
exclusion.'';
(C) by striking paragraph (3) of subsection (b);
(D) by striking subsections (c), (d), and (e); and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Clerical amendment.--The item in the table of sections
of chapter 100 of such Code relating to section 9801 is amended
to read as follows:
``Sec. 9801. Elimination of preexisting condition exclusions.''.
(c) Application Under Public Health Service Act.--
(1) Elimination of preexisting condition exclusions.--
Section 2701 of the Public Health Service Act (42 U.S.C. 300gg)
is amended--
(A) by amending the heading to read as follows:
``elimination of preexisting condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, with respect to a
participant or beneficiary--
``(1) may not impose any pre-existing condition exclusion;
and
``(2) in the case of a group health plan that offers
medical care through health insurance coverage offered by a
health maintenance organization, may not provide for an
affiliation period with respect to coverage through the
organization.'';
(C) in subsection (b), by striking paragraph (3)
and inserting the following:
``(3) Affiliation period.--The term `affiliation period'
means a period which, under the terms of the health insurance
coverage offered by the health maintenance organization, must
expire before the health insurance coverage becomes
effective.'';
(D) by striking subsections (c), (d), (e), and (g);
and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Guaranteed availability of group health insurance
coverage to employers of all sizes in the group market.--
Section 2711 of such Act (42 U.S.C. 300gg-11) is amended--
(A) in subsection (a)--
(i) in the heading, by striking ``Small'';
(ii) in paragraph (1), by striking ``(c)
through (f)'' and inserting ``(b) through
(d)'';
(iii) in paragraph (1), in the matter
before subparagraph (A), by striking ``small'';
(iv) in paragraph (1)(A), by striking
``small employer (as defined in section
2791(e)(4))'' and inserting ``employer'';
(v) in paragraph (2), by striking ``small''
each place it appears; and
(vi) in paragraph (2), by striking
``coverage to a'' and inserting ``coverage to
an'';
(B) by striking subsection (b);
(C) in subsections (c), (d), and (e), by striking
``small'' each place it appears; and
(D) by striking subsection (f).
(3) Application of uniform premiums.--Section 2711 of such
Act, as so amended, is amended by inserting after subsection
(a) the following new subsection:
``(b) Application of Uniform Premium.--
``(1) In general.--Each and every health insurance issuer
that offers health insurance coverage in the group market in a
State shall--
``(A) shall charge the same premium price for the
same coverage; and
``(B) shall openly disclose, in a manner specified
by the Secretary and including disclosure through the
Internet, the amount of the premium price that is being
charged for the coverage involved.
``(2) Uniform application to family coverage and to
different geographic areas.--Paragraph (1) shall be applied
uniformly--
``(A) for coverage on the basis of such different
family categories as the Secretary approves; and
``(B) for coverage within each metropolitan
statistical area and for coverage within the portions
of a State that are not within a metropolitan
statistical area.
``(3) Application.--Paragraph (1) shall not be construed as
preventing variations in premiums that result from the
application of a uniform monthly premium over different policy
years.''.
(4) Application of nondiscrimination rules to nonfederal
governmental plans.--Section 2721(b)(2)(A) of such Act (42
U.S.C. 300gg-21(b)(2)(A)) is amended by striking ``subparts 1
through 3'' and ``such subparts'' and inserting ``subpart 2''
and ``such subpart'', respectively.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning on or after January 1, 2009,
regardless of whether an individual is provided coverage under
a group health plan before such date.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
later of--
(A) the date on which the last of the collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act),
or
(B) January 1, 2010.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
under the amendments made by this section shall not be treated
as a termination of such collective bargaining agreement.
SEC. 3. NONDISCRIMINATION IN INDIVIDUAL HEALTH INSURANCE.
(a) In General.--Section 2741 of the Public Health Service Act (42
U.S.C. 300gg-41) is amended--
(1) by amending the heading to read as follows:
``guaranteed issue of individual health insurance coverage;
uniform premiums'';
(2) by amending subsections (a) and (b) to read as follows:
``(a) In General.--
``(1) Guaranteed issue.--Subject to the succeeding
subsections of this section, each and every health insurance
issuer that offers health insurance coverage (as defined in
section 2791(b)(1)) in the individual market to individuals
residing in an area may not, with respect to an eligible
individual (as defined in subsection (b)) residing in the area
who desires to enroll in individual health insurance coverage--
``(A) decline to offer such coverage to, or deny
enrollment of, such individual; or
``(B) impose any preexisting condition exclusion
(as defined in section 2701(b)(1)(A)) with respect to
such coverage.
``(2) Application of uniform premium.--
``(A) In general.--Each and every health insurance
issuer that offers health insurance coverage in the
individual market in a State--
``(i) shall charge the same premium price
for the same coverage;
``(ii) if the issuer offers such coverage
in the group market in the State, shall charge
the same premium for the same coverage offered
in the group market; and
``(iii) shall openly disclose, in a manner
specified by the Secretary and including
disclosure through the Internet, the amount of
the premium price that is being charged for the
coverage involved.
``(B) Uniform application to family coverage and to
different geographic areas.--Subparagraph (A) shall be
applied uniformly--
``(i) for coverage on the basis of such
different family categories as the Secretary
approves; and
``(ii) for coverage within each
metropolitan statistical area and for coverage
within the portions of a State that are not
within a metropolitan statistical area.
``(C) Application.--Subparagraph (A) shall not be
construed as preventing variations in premiums that
result from the application of a uniform monthly
premium over different policy years.
``(b) Eligible Individual Defined.--In this part, the term
`eligible individual' means, with respect to an area, an individual who
resides in such area, without regard to the period of such residency,
and who is--
``(1) a citizen or national of the United States;
``(2) an alien lawfully admitted to the United States for
permanent residence; or
``(3) an alien who is otherwise lawfully residing in the
United States.'';
(3) by striking subsection (c);
(4) by redesignating subsection (d) and the first
subsection (e) (relating to application of financial capacity
limits) as subsections (c) and (d), respectively;
(5) in paragraph (1) of the subsection (e) relating to
market requirements, by striking ``or through one or more bona
fide associations, or both''; and
(6) by striking subsection (f) and inserting the following:
``(f) Uniform Rules To Respond to Adverse Selection.--
``(1) In general.--The Secretary may establish rules for
uniform application that are designed to deter individuals--
``(A) from enrolling in individual health insurance
coverage only after they develop an illness or injury
for which such coverage applies; and
``(B) from disenrolling from health insurance
coverage for periods in which they are unlikely (or
less likely) to require such coverage.
``(2) Considerations.--Such rules may take into account the
financial and other circumstances of individuals for not being
so enrolled or for so disenrolling.''.
(b) Conforming Amendment.--Section 2742(b) of such Act (42 U.S.C.
300gg-42(b)) is amended by striking paragraph (5).
(c) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market after December
31, 2008. | No Discrimination in Health Insurance Act of 2008 - Amends the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code, and the Public Health Service Act to prohibit a group health plan from imposing any preexisting conditions exclusion.
Requires each health insurance issuer that offers health insurance coverage in the group market in a state to: (1) accept every employer in the state that applies for such coverage; (2) accept enrollment for every eligible individual who applies during the enrollment period; (3) charge the same premium price for the same coverage; and (4) openly disclose such premium price.
Eliminates provisions allowing nonfederal governmental plans to opt out of certain group health plan requirements.
Prohibits health insurance issuers that offer coverage in the individual market to individuals residing in an area from: (1) declining to offer such coverage to, or denying enrollment of, eligible individuals in the area who desire to enroll; or (2) imposing any preexisting conditions exclusion. Defines "eligible individual" to mean: (1) a U.S. citizen or national; (2) an alien lawfully admitted to the United States for permanent residence; or (3) an alien who is otherwise lawfully residing in the United States. Requires such issuers to: (1) charge the same premium price for the same coverage, including coverage offered in the group market; and (2) openly disclose such premium price.
Authorizes the Secretary of Health and Human Services to establish rules to deter individuals from: (1) enrolling in individual health insurance coverage only after they develop an illness or injury; or (2) disenrolling for periods in which they are unlikely to require such coverage. | {"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974, Public Health Service Act, and the Internal Revenue Code of 1986 to prohibit discrimination in group health coverage and individual health insurance coverage."} | 2,958 | 355 | 0.579957 | 1.736379 | 0.805329 | 3.98773 | 8.279141 | 0.907975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection Against Executive
Compensation Abuse Act''.
SEC. 2. ADDITIONAL EXECUTIVE COMPENSATION DISCLOSURES.
(a) Amendment.--Section 16 of the Securities Exchange Act of 1934
(15 U.S.C. 78n) is amended by adding at the end the following new
subsection:
``(i) Additional Executive Compensation Disclosures.--
``(1) Compensation plan.--
``(A) Annual statements and proxy materials.--Each
issuer required to file an annual report under section
13(a) shall include in such annual report, and in any
proxy solicitation materials accompanying a proxy
solicitation on behalf of the management of the issuer
in connection with an annual or other meeting of the
holders of the securities of the issuer, a
comprehensive statement of such issuer's compensation
plan for the principal executive officers of the
issuer. Such compensation plan shall include--
``(i) any type of compensation (whether
present, deferred, or contingent) paid or to be
paid to such principal executive officers,
including--
``(I) an estimate of the present
value of any accrued pension of such
officers;
``(II) the estimated market value
of any other benefits received by such
officers; and
``(III) any agreements or
understandings concerning any type of
compensation;
``(ii) the short- and long-term performance
measures that the issuer uses for determining
the compensation of such principal executive
officers and whether such measures were met by
such officers during the preceding year; and
``(iii) the policy of the issuer adopted
pursuant to the rules promulgated under
paragraph (3).
``(B) Shareholder approval.--The proxy solicitation
materials containing the statement required by
subparagraph (A) shall require a separate shareholder
vote to approve such compensation plan.
``(2) Shareholder approval of golden parachute
compensation.--In any proxy solicitation material that concerns
an acquisition, merger, consolidation, or proposed sale or
other disposition of substantially all the assets of an
issuer--
``(A) the person making such solicitation shall
disclose in the proxy solicitation material, in a clear
and simple form in accordance with regulations of the
Commission, any agreements or understandings that such
person has with any principal executive officers of
such issuer (or of the acquiring issuer, if such issuer
is not the acquiring issuer) concerning any type of
compensation (whether present, deferred, or contingent)
that are based on or otherwise relate to the
acquisition, merger, consolidation, sale, or other
disposition; and
``(B) such proxy solicitation material shall
require a separate shareholder vote to approve such
agreements or understandings.
``(3) Return of certain compensation.--The Commission shall
prescribe rules requiring each issuer to adopt a policy
requiring the reimbursement by any principle executive officer
to the issuer of any compensation received by such officer that
is--
``(A) not provided for in the compensation plan
required by paragraph (1);
``(B) based on performance by the officer that does
not meet the job performance measures identified in
such statement;
``(C) incentive compensation or bonuses received by
such officer within 18 months before any negative
material restatement by the issuer; or
``(D) related to fraud or misrepresentation on the
part of such officer.
``(4) Principal executive officer.--For purposes of this
subsection, the term `principal executive officer' means--
``(A) all individuals serving as the chief
executive officer of an issuer, or acting in a similar
capacity, during the most recent fiscal year,
regardless of compensation level; and
``(B) for an issuer with total assets of--
``(i) more than $250,000,000 but less than
$500,000,000, the 2 most highly compensated
executive officers, other than an individual
identified under subparagraph (A), that were
serving as executive officers of an issuer at
the end of the most recent fiscal year; or
``(ii) more than $500,000,000, the 4 most
highly compensated executive officers, other
than an individual identified under
subparagraph (A), that were serving as
executive officers of an issuer at the end of
the most recent fiscal year.''.
(b) Deadline for Rulemaking.--Not later than 1 year after the date
of the enactment of this Act, the Securities and Exchange Commission
shall issue any final rules and regulations required by the amendments
made by subsection (a).
SEC. 3. CLEAR AND SIMPLE INTERNET DISCLOSURE.
Section 16(a)(4) of the Securities Exchange Act of 1934 (15 U.S.C.
78p(a)(4)) is amended--
(1) in subparagraph (B), by inserting ``, in a clear,
simple, and readily accessible format,'' after ``each such
statement''; and
(2) in subparagraph (C), by inserting ``, in a clear,
simple, and readily accessible format,'' after ``that
statement''. | Protection Against Executive Compensation Abuse Act - Amends the Securities Exchange Act of 1934 to set forth additional compensation disclosure requirements, including: (1) a comprehensive statement of the issuer's compensation plan for its principal executive officers; (2) any type of compensation (whether present, deferred, or contingent) paid or to be paid to such principal executive officers; (3) an estimate of the present value of any accrued pension of such officers; (4) the estimated market value of any other benefits received by such officers; (5) any agreements or understandings concerning compensation; and (6) the short- and long-term performance measures that the issuer uses for determining the compensation of such principal executive officers, and whether such measures were met by such officers during the preceding year. Requires a separate shareholder vote to approve such compensation plan.
Requires proxy solicitation material concerning an acquisition, merger, consolidation, or proposed sale or other disposition of substantially all the assets of an issuer to disclose any agreements or understandings with any of its principal executive officers regarding any compensation (whether present, deferred, or contingent) based on or otherwise relating to the acquisition, merger, consolidation, sale, or other disposition (golden parachute compensation).
Requires mandatory electronic filings to appear in a clear, simple, and readily accessible format. | {"src": "billsum_train", "title": "To amend the Securities Exchange Act of 1934 to require additional disclosure to shareholders of executive compensation."} | 1,131 | 285 | 0.733919 | 2.195091 | 0.840249 | 5.124514 | 4.081712 | 0.929961 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Clean-Fuel Vehicle
Act of 1996''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. EXEMPTION OF ELECTRIC AND OTHER CLEAN-FUEL MOTOR VEHICLES FROM
LUXURY AUTOMOBILE CLASSIFICATION.
(a) In General.--Subsection (a) of section 4001 (relating to
imposition of tax) is amended to read as follows:
``(a) Imposition of Tax.--
``(1) In general.--There is hereby imposed on the 1st
retail sale of any passenger vehicle a tax equal to 10 percent
of the price for which so sold to the extent such price exceeds
the applicable amount.
``(2) Applicable amount.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the applicable amount is
$30,000.
``(B) Qualified clean-fuel vehicle property.--In
the case of a passenger vehicle which is propelled by a
fuel which is not a clean-burning fuel to which is
installed qualified clean-fuel vehicle property (as
defined in section 179A(c)(1)(A)) for purposes of
permitting such vehicle to be propelled by a clean-
burning fuel, the applicable amount is equal to the sum
of--
``(i) $30,000, plus
``(ii) the increase in the price for which
the passenger vehicle was sold (within the
meaning of section 4002) due to the
installation of such property.
``(C) Purpose built passenger vehicle.--
``(i) In general.--In the case of a purpose
built passenger vehicle, the applicable amount
is equal to 150 percent of $30,000.
``(ii) Purpose built passenger vehicle.--
For purposes of clause (i), the term `purpose
built passenger vehicle' means a passenger
vehicle produced by an original equipment
manufacturer and designed so that the vehicle
may be propelled primarily by electricity.''
(b) Conforming Amendments.--
(1) Subsection (e) of section 4001 (relating to inflation
adjustment) is amended to read as follows:
``(e) Inflation Adjustment.--
``(1) In general.--The $30,000 amount in subparagraphs (A),
(B)(i), and (C)(i) of subsection (a)(2) shall be increased by
an amount equal to--
``(A) $30,000, multiplied by
``(B) the cost-of-living adjustment under section
1(f)(3) for the calendar year in which the vehicle is
sold, determined by substituting `calendar year 1990'
for `calendar year 1992' in subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $2,000, such amount shall be rounded
to the next lowest multiple of $2,000.''
(2) Subparagraph (B) of section 4003(a)(2) is amended to
read as follows:
``(B) the appropriate applicable amount as
determined under section 4001(a)(2).''
(c) Effective Date.--The amendments made by this section shall
apply to sales and installations occurring and property placed in
service on or after July 1, 1996.
SEC. 3. GOVERNMENTAL USE RESTRICTION MODIFIED FOR ELECTRIC VEHICLES.
(a) In General.--Paragraph (3) of section 30(d) (relating to
special rules) is amended by inserting ``(without regard to paragraph
(4)(A)(i) thereof)'' after ``section 50(b)''.
(b) Conforming Amendment.--Paragraph (5) of section 179A(e)
(relating to other definitions and special rules) is amended by
inserting ``(without regard to paragraph (4)(A)(i) thereof in the case
of a qualified electric vehicle described in subclause (I) or (II) of
subsection (b)(1)(A)(iii) of this section)'' after ``section 50(b)''.
(c) Effective Date.--The amendment made by this section shall apply
to property placed in service on or after the date of the enactment of
this Act.
SEC. 4. LARGE ELECTRIC TRUCKS, VANS, AND BUSES ELIGIBLE FOR DEDUCTION
FOR CLEAN-FUEL VEHICLES.
(a) In General.--Paragraph (3) of section 179A(c) (defining
qualified clean-fuel vehicle property) is amended by inserting ``,
other than any vehicle described in subclause (I) or (II) of subsection
(b)(1)(A)(iii)'' after ``section 30(c))''.
(b) Denial of Credit.--Subsection (c) of section 30 (relating to
credit for qualified electric vehicles) is amended by adding at the end
the following new paragraph:
``(3) Denial of credit for vehicles for which deduction
allowable.--The term `qualified electric vehicle' shall not
include any vehicle described in subclause (I) or (II) of
section 179A(b)(1)(A)(iii).''
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after the date of the
enactment of this Act.
SEC. 5. ELECTRIC VEHICLE CREDIT AMOUNT AND APPLICATION AGAINST
ALTERNATIVE MINIMUM TAX.
(a) In General.--Subsection (a) of section 30 (relating to credit
for qualified electric vehicles) is amended by striking ``10 percent
of''.
(b) Application Against Alternative Minimum Tax.--Section 30(b)
(relating to limitations) is amended by striking paragraph (3).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 6. RATE OF TAX ON LIQUEFIED NATURAL GAS TO BE EQUIVALENT TO RATE
OF TAX ON COMPRESSED NATURAL GAS.
(a) In General.--Paragraph (3) of section 4041(a) (relating to
diesel fuel and special motor fuels) is amended--
(1) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) Imposition of tax.--
``(i) In general.--There is hereby imposed
a tax on compressed or liquefied natural gas--
``(I) sold by any person to an
owner, lessee, or other operator of a
motor vehicle or motorboat for use as a
fuel in such motor vehicle or
motorboat, or
``(II) used by any person as a fuel
in a motor vehicle or motorboat unless
there was a taxable sale of such gas
under subclause (I).
``(ii) Rate of tax.--The rate of tax
imposed by this paragraph shall be--
``(I) in the case of compressed
natural gas, 48.54 cents per MCF
(determined at standard temperature and
pressure), and
``(II) in the case of liquefied
natural gas, 4.3 cents per gallon.'',
and
(2) by inserting ``or liquefied'' after ``Compressed'' in
the heading.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 4041(a)(2) is amended by
striking ``other than a Kerosene'' and inserting ``other than
liquefied natural gas, keresene''.
(2) The heading for section 9503(f)(2)(D) is amended by
inserting ``or liquefied'' after ``Compressed''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Clean-Fuel Vehicle Act of 1996 - Amends the Internal Revenue Code to revise the tax treatment for electric and other clean-fuel motor vehicles. | {"src": "billsum_train", "title": "Clean-Fuel Vehicle Act of 1996"} | 1,920 | 37 | 0.502662 | 1.110457 | 0.370718 | 3.535714 | 55.464286 | 0.892857 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Drug Sentencing
Reform Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER
COCAINE
Sec. 101. Reduction in disparity in sentencing between crack and powder
cocaine.
Sec. 102. Sentencing guideline conforming changes and enhancements for
acts of violence during the course of a
drug trafficking offense.
TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE
Sec. 201. Increase in sentence for leadership role in drug offense.
Sec. 202. Limit on sentence when defendant has lesser role in the
offense.
Sec. 203. Elderly, nonviolent prisoner pilot program.
Sec. 204. Emergency amendment authority; effective date.
TITLE I--REDUCTION OF DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER
COCAINE
SEC. 101. REDUCTION IN DISPARITY IN SENTENCING BETWEEN CRACK AND POWDER
COCAINE.
(a) Amendment of the Controlled Substances Act.--Section 401 of the
Controlled Substances Act (21 U.S.C. 841) is amended as follows:
(1) Ten-year mandatory minimum.--
(A) Decrease in amount of powder cocaine necessary
to trigger mandatory minimum.--In subsection
(b)(1)(A)(ii) by striking ``5 kilograms'' and inserting
``4 kilograms''.
(B) Increase in amount of crack cocaine necessary
to trigger mandatory minimum.--In subsection
(b)(1)(A)(iii) by striking ``50 grams'' and inserting
``200 grams''.
(2) Five-year mandatory minimum.--
(A) Decrease in amount of powder cocaine necessary
to trigger mandatory minimum.--In subsection
(b)(1)(B)(ii) by striking ``500 grams'' and inserting
``400 grams''.
(B) Increase in amount of crack cocaine necessary
to trigger mandatory minimum.--In subsection
(b)(1)(B)(iii) by striking ``5 grams'' and inserting
``20 grams''.
(b) Amendment of the Controlled Substances Import and Export Act.--
Section 1010 of the Controlled Substances Import and Export Act (21
U.S.C. 960) is amended as follows:
(1) Ten-year mandatory minimum.--
(A) Decrease in amount of powder cocaine necessary
to trigger mandatory minimum.--In subsection (b)(1)(B)
by striking ``5 kilograms'' and inserting ``4
kilograms''.
(B) Increase in amount of crack cocaine necessary
to trigger mandatory minimum.--In subsection (b)(1)(C)
by striking ``50 grams'' and inserting ``200 grams''.
(2) Five-year mandatory minimum.--
(A) Decrease in amount of powder cocaine necessary
to trigger mandatory minimum.--In subsection (b)(2)(B)
by striking ``500 grams'' and inserting ``400 grams''.
(B) Increase in amount of crack cocaine necessary
to trigger mandatory minimum.--In subsection (b)(2)(C)
by striking ``5 grams'' and inserting ``20 grams''.
(c) Conforming Change to Penalty for Possession.--Section 404(a) of
the Controlled Substances Act (21 U.S.C. 844(a)) is amended in the
fourth sentence by striking ``5 years'' and inserting ``1 year''.
SEC. 102. SENTENCING GUIDELINE CONFORMING CHANGES AND ENHANCEMENTS FOR
ACTS OF VIOLENCE DURING THE COURSE OF A DRUG TRAFFICKING
OFFENSE.
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 guideline offense levels based upon the quantity
of powder cocaine and crack cocaine are consistent with the
amendments made by section 101; and
(2) that the guidelines provide an appropriate additional
penalty increase of from 2 to 8 levels if the defendant used
violence, made a credible threat to use violence, directed the use or
threatened use of violence, or possessed a firearm, or other dangerous
weapon, during the course of a drug trafficking offense.
TITLE II--INCREASED EMPHASIS ON THE DEFENDANT'S ROLE IN THE OFFENSE
SEC. 201. INCREASE IN SENTENCE FOR LEADERSHIP ROLE IN DRUG OFFENSE.
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 an additional increase of at
least 2 levels if--
(1) the defendant, as an organizer, leader, manager, or
supervisor of drug trafficking activity, is subject to an
aggravating role enhancement under the guidelines; and
(2) the offense involved 1 or more of the following super-
aggravating factors--
(A) the defendant used another person to purchase,
sell, transport, or store controlled substances, used
impulse, fear, friendship, affection, or some
combination thereof to involve such person in the
offense, and such person had a minimum knowledge of the
illegal enterprise and was to receive little or no
compensation from the illegal transaction;
(B) the defendant maintained an establishment for
the manufacture or distribution of a controlled
substance, as generally described in section 406 of the
Controlled Substances Act (21 U.S.C. 856);
(C) the defendant distributed a controlled
substance to a person under age 18, a person over age
64, or a pregnant individual, or involved a person
under age 18, a person over age 64, or a pregnant
individual in drug trafficking;
(D) the defendant bribed, or attempted to bribe, a
Federal, State, or local law enforcement official in
connection with a drug trafficking offense;
(E) the defendant was involved in the importation
into the United States of a controlled substance; or
(F) the defendant committed the drug trafficking
offense as part of a pattern of criminal conduct
engaged in as a livelihood.
SEC. 202. LIMIT ON SENTENCE WHEN DEFENDANT HAS LESSER ROLE IN THE
OFFENSE.
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, as appropriate, the
Federal sentencing guidelines and policy statements to ensure that--
(1) if the defendant is subject to a minimal role
adjustment under the guidelines, the base offense level based
solely on drug quantity shall not exceed level 32; and
(2) if the defendant otherwise qualifies for a minimal role
adjustment under the guidelines and had a minimum knowledge of
the illegal enterprise, was to receive little or no
compensation from the illegal transaction, and acted on
impulse, fear, friendship, or affection when the defendant was
otherwise unlikely to commit such an offense, there shall be an
additional reduction of 2 offense levels.
SEC. 203. ELDERLY, NONVIOLENT PRISONER PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Crime of violence.--The term ``crime of violence'' has
the same meaning given the term in section 16 of title 18,
United States Code.
(2) Designated facility.--The term ``designated facility''
means a Federal penitentiary designated by the Attorney General
as appropriate for the pilot program.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Prisons.
(4) Eligible prisoner.--The term ``eligible prisoner''
means a prisoner in the custody of the Bureau of Prisons who--
(A) is not less than 65 years of age;
(B) is serving a term of imprisonment after
conviction for an offense other than a crime of
violence and has served the greater of 10 years or one-
half of the term of imprisonment;
(C) has not been convicted in the past of any
Federal or State crime of violence;
(D) has not been determined by the Bureau of
Prisons, on the basis of information the Bureau uses to
make custody classifications, and in the sole
discretion of the Bureau, to have a history of
violence;
(E) has not escaped, or attempted to escape, from
the Bureau of Prisons facility; and
(F) has not been determined by the Director,
pursuant to the disciplinary system of the Bureau of
Prisons, to have committed an infraction involving an
act of violence.
(5) Home detention.--The term ``home detention'' has the
same meaning given the term in the Federal Sentencing
Guidelines, and includes detention in a nursing home or other
residential long-term care facility.
(6) Pilot program.--The term ``pilot program'' means the
pilot program carried out in accordance with this section.
(7) Term of imprisonment.--The term ``term of
imprisonment'' includes multiple terms of imprisonment ordered
to run consecutively or concurrently, which shall be treated as
a single, aggregate term of imprisonment for purposes of this
section.
(b) Program Established.--
(1) In general.--Notwithstanding section 3624 of title 18,
United States Code, or any other provision of law, the Director
shall carry out a pilot program at 1 or more designated
facilities, under which the Director shall, in accordance with
paragraph (2), place each prisoner who is determined to be an
eligible prisoner on home detention until the date on which the
term of imprisonment to which the prisoner was sentenced
expires.
(2) Timing of release.--In carrying out the pilot program,
the Director shall place an eligible prisoner on home detention
under paragraph (1)--
(A) with respect to a prisoner who is determined to
be an eligible prisoner on or before the date that is
90 days after the date of enactment of this Act, not
later than 180 days after the date of enactment of this
Act; and
(B) with respect to a prisoner who is determined to
be an eligible prisoner after the date that is 90 days
after the date of enactment of this Act and before the
date that is 3 years and 91 days after such date of
enactment, not later than 90 days after the date of
such determination.
(3) Violation of terms of home detention.--A violation of
the terms of the home detention, including the commission of
another Federal, State, or local crime, shall result in the
return of the prisoner to the prior custody of that prisoner.
(c) Program Evaluation.--
(1) In general.--The Director shall contract with an
independent organization to monitor and evaluate the progress
of each prisoner released under the pilot program during the 3-
year period beginning on the date of such release.
(2) Annual report.--The organization described in paragraph
(1) shall annually submit to the Director and to Congress a
report on the pilot program, which shall include--
(A) an evaluation of the effectiveness of the pilot
program in providing successful transition to eligible
prisoners from incarceration to the community,
including data relating to the recidivism rates for
those prisoners; and
(B) the cost savings to the Federal Government
resulting from the early removal of eligible prisoners
from incarceration.
SEC. 204. EMERGENCY AMENDMENT AUTHORITY; EFFECTIVE DATE.
(a) Emergency Amendment Authority.--
(1) In general.--The United States Sentencing Commission,
in its discretion, may--
(A) promulgate amendments pursuant to the
directives in this Act in accordance with the procedure
set forth in section 21(a) of the Sentencing Act of
1987 (Public Law 100-182), as though the authority
under that Act had not expired; and
(B) pursuant to the emergency authority provided in
paragraph (1), make such conforming amendments to the
Sentencing Guidelines as the Commission determines
necessary to achieve consistency with other guideline
provisions and applicable law.
(2) Promulgation.--The Commission shall promulgate any
amendments under paragraph (1) promptly so that the amendments
take effect on the same date as the amendments made by this
Act.
(b) Effective Date.--
(1) In general.--The amendments made by this Act shall
apply to any offense committed on or after 180 days after the
date of enactment of this Act. There shall be no retroactive
application of any portion of this Act.
(2) Applicability.--This subsection shall not apply to
section 203 of this Act. | Drug Sentencing Reform Act of 2001 - Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to decrease the amount of powder cocaine and increase the amount of crack cocaine necessary to trigger the mandatory minimum penalties relating to the trafficking in, and possession, importation, or distribution of, cocaine.Directs the United States Sentencing Commission to amend the sentencing guidelines to ensure: (1) that guideline offense levels based upon the quantity of powder cocaine and crack cocaine are consistent with this Act, and that they provide an additional penalty increase of from two to eight levels if the defendant used or credibly threatened violence, or possessed a dangerous weapon, during the course of a drug trafficking offense; (2) an additional increase of at least two levels if the defendant has a leadership role (as specified) in drug trafficking activity involving super-aggravating factors; and (3) that there be a limit on sentence (as specified) when the defendant has a lesser role.Requires the Director of the Bureau of Prisons to carry out a pilot program at one or more designated facilities to place each eligible prisoner on home detention until the date on which that prisoner's term of imprisonment expires. Defines "eligible prisoner" as a prisoner who is at least 65 years old, has not been determined by the Bureau to have a history of violence, and meets other specified criteria.Grants the Commission certain emergency amendment authority. | {"src": "billsum_train", "title": "A bill to reduce the disparity in punishment between crack and powder cocaine offenses, to more broadly focus the punishment for drug offenders on the seriousness of the offense and the culpability of the offender, and for other purposes."} | 2,946 | 328 | 0.58465 | 1.79388 | 0.742484 | 3.739927 | 9.175824 | 0.912088 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving the Lives of Children with
Spina Bifida Act of 2013''.
SEC. 2. PILOT PROGRAM ON FURNISHING CASE MANAGEMENT SERVICES TO
CHILDREN OF VIETNAM VETERANS AND CERTAIN KOREA SERVICE
VETERANS BORN WITH SPINA BIFIDA AND CHILDREN OF WOMEN
VIETNAM VETERANS BORN WITH CERTAIN BIRTH DEFECTS.
(a) Pilot Program.--Commencing not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall carry out a pilot program to assess the feasibility and
advisability of furnishing to covered individuals case management
services under a national contract with a third party entity.
(b) Covered Individuals.--For purposes of this section, a covered
individual is any individual who--
(1) is entitled to health care or other benefits under
chapter 18 of title 38, United States Code; and
(2) lives in a rural area and does not have access to case
management services at the Department of Veterans Affairs or
otherwise.
(c) Duration.--
(1) In general.--Except as otherwise provided in this
subsection, the pilot program shall be carried out during the
three-year period beginning on the date of the commencement of
the pilot program.
(2) Continuation.--Subject to paragraph (3), the Secretary
may continue the pilot program for an additional two-year
period as the Secretary considers appropriate.
(3) Termination.--The pilot program may not operate after
the date that is five years after the date of the commencement
of the pilot program.
(d) Locations.--The Secretary shall select locations in which to
carry out the pilot program from among locations that the Secretary
considers rural and where individuals who reside in such locations lack
access to comprehensive case management services through the Department
or otherwise.
(e) Scope of Services.--Under the pilot program, the Secretary
shall provide covered individuals with integrated, comprehensive
services, including the following:
(1) Coordination and management of needed health care,
monetary, and general care services authorized under chapter 18
of title 38, United States Code.
(2) Transportation services.
(3) Such other services as the Secretary considers
appropriate for the care of covered individuals under the pilot
program.
(f) Program Requirements.--In carrying out the pilot program, the
Secretary shall--
(1) inform all covered individuals of the services
available under the pilot program;
(2) enter into contracts with appropriate third party
entities for the provision of case management services under
the pilot program; and
(3) determine the appropriate number of covered individuals
to be enrolled in the pilot program and criteria for such
enrollment.
(g) Reports.--
(1) Preliminary reports.--
(A) In general.--Not later than one year after the
date of the commencement of the pilot program and, if
the pilot program is continued under subsection (c)(2),
not later than three years after the date of the
commencement 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 report on the pilot program.
(B) Contents.--Each report submitted under
subparagraph (A) shall include the following:
(i) A description of the implementation and
operation of the pilot program.
(ii) The number of covered individuals
receiving benefits under the pilot program.
(iii) An analysis of the costs and benefits
under the pilot program.
(iv) An assessment of the utilization of
case management under the pilot program.
(v) The findings and conclusions of the
Secretary with respect to the pilot program.
(vi) Such recommendations for the
continuation or expansion of the pilot program
as the Secretary may have.
(2) Final report.--
(A) In general.--Not later than 180 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 report on the pilot program.
(B) Contents.--The report submitted subparagraph
(A) shall include the following:
(i) The findings and conclusions of the
Secretary with respect to the pilot program.
(ii) Such recommendations for the
continuation or expansion of the pilot program
as the Secretary may have.
(h) Funding.--Amounts to carry out the pilot program shall be
derived from amounts appropriated or otherwise made available before
the date of the enactment of this Act for the furnishing of care and
case management under chapter 18 of title 38, United States Code.
SEC. 3. PILOT PROGRAM ON FURNISHING ASSISTED LIVING TO CHILDREN OF
VIETNAM VETERANS AND CERTAIN KOREA SERVICE VETERANS BORN
WITH SPINA BIFIDA AND CHILDREN OF WOMEN VIETNAM VETERANS
BORN WITH CERTAIN BIRTH DEFECTS.
(a) Pilot Program.--Commencing not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall carry out a pilot program to assess the feasibility and
advisability of providing assisted living, group home care, or similar
services in lieu of nursing home care to covered individuals.
(b) Covered Individuals.--For purposes of this section, a covered
individual is any individual who is entitled to health care or other
benefits under chapter 18 of title 38, United States Code.
(c) Duration.--
(1) In general.--Except as otherwise provided in this
subsection, the pilot program shall be carried out during the
three-year period beginning on the date of the commencement of
the pilot program.
(2) Continuation.--Subject to paragraph (3), the Secretary
may continue the pilot program for an additional two-year
period as the Secretary considers appropriate.
(3) Termination.--The pilot program may not operate after
the date that is five years after the date of the commencement
of the pilot program.
(d) Scope of Services and Pilot Program.--Under the pilot program,
the Secretary shall provide covered individuals with integrated,
comprehensive services, including the following:
(1) Assisted living, group home care, or such other similar
services as the Secretary considers appropriate.
(2) Transportation services.
(3) Such other services as the Secretary considers
appropriate for the care of covered individuals under the pilot
program.
(e) Program Requirements.--In carrying out the pilot program, the
Secretary shall--
(1) inform all covered individuals of the services
available under the pilot program;
(2) consider entering into an agreement with appropriate
providers of assisted living, group home care, or other similar
services for provision of services under the pilot program; and
(3) determine the appropriate number of covered individuals
to be enrolled in the pilot program and criteria for such
enrollment.
(f) Reports.--
(1) Preliminary reports.--
(A) In general.--Not later than one year after the
date of the commencement of the pilot program and, if
the pilot program is continued under subsection (c)(2),
not later than three years after the date of the
commencement 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 report on the pilot program.
(B) Contents.--Each report submitted under
subparagraph (A) shall include the following:
(i) A description of the implementation and
operation of the pilot program.
(ii) The number of covered individuals
receiving benefits under the pilot program.
(iii) An analysis that compares the costs
of furnishing assisted living, group home care,
or similar service with the costs of furnishing
nursing home care.
(iv) An analysis of the costs and benefits
under the pilot program.
(v) The findings and conclusions of the
Secretary with respect to the pilot program.
(vi) Such recommendations for the
continuation or expansion of the pilot program
as the Secretary may have.
(2) Final report.--
(A) In general.--Not later than 180 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 report on the pilot program.
(B) Contents.--The report submitted subparagraph
(A) shall include the following:
(i) The findings and conclusions of the
Secretary with respect to the pilot program.
(ii) Such recommendations for the
continuation or expansion of the pilot program
as the Secretary may have.
(g) Funding.--Amounts to carry out the pilot program shall be
derived from amounts appropriated or otherwise made available before
the date of the enactment of this Act for the furnishing of nursing
home care under chapter 18 of title 38, United States Code. | Improving the Lives of Children with Spina Bifida Act of 2013 - Directs the Secretary of Veterans Affairs (VA) to carry out a three-year pilot program to assess the feasibility and advisability of providing contracted case management services (services) to individuals entitled to VA benefits as children of Vietnam and Korean War veterans born with spina bifida, and children of women Vietnam veterans born with certain birth defects who live in a rural area and have no access to such services through the VA or otherwise. Authorizes the Secretary to extend the program for an additional two years. Allows the services to include the coordination and management of needed health care, monetary, general care, and transportation services. Requires the Secretary to: (1) notify eligible individuals, and (2) contract with an appropriate entity for the provision of such services. Directs the Secretary to carry out an additional pilot program (for the same period and with the same authorized extension) to assess the feasibility and advisability of providing assisted living, group home care or similar services, and transportation to the individuals described above. Requires the Secretary to: (1) notify eligible individuals, and (2) consider entering into an agreement with the appropriate service providers. Requires preliminary and final reports with respect to, and provides funding for, each pilot program. | {"src": "billsum_train", "title": "Improving the Lives of Children with Spina Bifida Act of 2013"} | 1,950 | 284 | 0.72605 | 2.157854 | 0.790151 | 3.187251 | 7.159363 | 0.884462 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) States and localities should be able to exercise
control over the construction and location of such towers
through the use of zoning, planned growth, and other controls
relating to the protection of the environment and public
health.
(2) The placement of commercial telecommunications, radio,
or television towers near homes can greatly reduce the value of
such homes, destroy the views from such homes, and reduce
substantially the desire to live in such homes.
(3) There are alternatives to the construction of
additional telecommunications towers to effectively provide
wireless services, including the collocation of transmitters on
existing towers and the use of alternative technologies,
including satellites.
(4) The Federal Communications Commission does not consider
itself a health agency and turns to health and radiation
experts outside the agency for guidance on the issue of health
effects due to radio frequency exposure. Additionally, both the
Food and Drug Administration and the Environmental Protection
Agency agree that the research completed to date is
insufficient to determine whether using portable cellular
telephones presents risks to human health. It is therefore in
the interest of the Nation for the Congress to authorize a
thorough Federal study into the health effects of low-level,
prolonged exposure to nonionizing radiation.
(5) The rapid proliferation of personal wireless
transmitters and the expected rollout of digital television
transmitters mean that the number of sources of nonionizing
radiation and the relative strength of these sources will
increase dramatically in our Nation's communities in the near
future. Until independently funded, conclusive, peer-reviewed
studies are completed on this subject, we should exercise
caution and give States and local governments full authority to
protect the public from radio frequency emissions.
(6) The Federal Communications Commission has proposed
rules regarding the siting of personal wireless transmitter
towers. It is in the interest of the Nation that the second
memorandum opinion and order notice of proposed rulemaking of
the Commission with respect to application of such ordinances
to the placement of such towers, WT Docket No. 97-192, ET
Docket No. 93-62, and RM-8577, be modified in order to permit
State and local governments to exercise their zoning and land
use authorities, and their power to protect public health and
safety, to regulate the placement of telecommunications towers.
Further, the proposed rules should be modified to allow a
licensee or applicant to seek relief from an adverse action
only after they have exhausted all available administrative or judicial
remedies at the local or State levels of jurisdiction, and, that when
petitioning before the Commission for relief from an adverse decision,
the applicant shall bear the burden of proof relating to the placement
of such towers.
(7) On August 19, 1997, the Federal Communications
Commission issued a proposed rule, MM Docket No. 97-182, which
would preempt the application of State and local zoning and
land use ordinances regarding the placement of
telecommunications towers for digital television services. It
is in the interest of the Nation that the Commission not adopt
this rule.
(b) Purposes.--The purposes of this Act are as follows:
(1) To repeal the limitations on the exercise of State and
local authorities regarding the placement, construction, and
modification of personal wireless service facilities that arise
under section 332(c)(7) of the Communications Act of 1934 (47
U.S.C. 332(c)(7)).
(2) To permit State and local governments to regulate the
placement, construction, and modification of such facilities on
the basis of the environmental effects of the operation of such
facilities.
(3) To prohibit the Federal Communications Commission from
adopting rules which would preempt State and local regulation
of the placement of such facilities.
SEC. 2. STATE AND LOCAL AUTHORITY OVER PLACEMENT, CONSTRUCTION, AND
MODIFICATION OF CERTAIN TELECOMMUNICATIONS FACILITIES.
(a) Repeal of Limitations.--Section 332(c)(7)(B) of the
Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)) is amended--
(1) in clause (i), by striking ``thereof--'' and all that
follows through the end and inserting ``thereof shall not
unreasonably discriminate among providers of functionally
equivalent services.'';
(2) by striking clause (iv);
(3) by redesignating clause (v) as clause (iv); and
(4) in clause (iv), as so redesignated--
(A) in the first sentence, by striking ``30 days
after such action or failure to act'' and inserting
``30 days after exhaustion of any administrative
remedies with respect to such action or failure to
act''; and
(B) by striking the third sentence and inserting
the following: ``In any such action in which a person
seeking to place, construct, or modify a tower facility
is a party, such person shall bear the burden of
proof.''.
(b) Prohibition on Adoption of Rule.--Notwithstanding any other
provision of law, the Federal Communications Commission may not adopt
as a final rule the proposed rule set forth in ``Preemption of State
and Local Zoning and Land Use Restrictions on Siting, Placement and
Construction of Broadcast Station Transmission Facilities'', MM Docket
No. 97-182, released August 19, 1997. | Amends the Communications Act of 1934 to: (1) repeal a provision which prohibits a State or local government from regulating the placement, construction, or modification of personal wireless service facilities (communications towers) on the basis of the environmental effects of frequency emissions from such facilities when such facilities comply with Federal Communications Commission (FCC) regulations; (2) require that, in any action in which a person seeking to place, construct, or modify such a facility is a party, such person bear the burden of proof of its necessity; and (3) prohibit the FCC from adopting as a final rule a certain proposed rule which would preempt State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities. | {"src": "billsum_train", "title": "To amend section 332 of the Communications Act of 1934 to preserve State and local authority to regulate the placement, construction, and modification of certain telecommunications facilities, and for other purposes."} | 1,177 | 161 | 0.464458 | 1.403988 | 0.589552 | 3.544218 | 7.367347 | 0.918367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Eastern Shore American
Heritage Area Act of 1996''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coordinating entity.--The term ``coordinating entity''
means the Lower Eastern Shore Heritage Committee, Inc., a
nonprofit corporation organized under the laws of Maryland.
(2) Heritage area.--The term ``Heritage Area'' means the
Lower Eastern Shore American Heritage Area established under
section 5.
(3) Participating partner.--The term ``participating
partner'' means a county that has entered into the compact
under section 6.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FINDINGS.
Congress finds that--
(1) the Lower Eastern Shore possesses important historical,
cultural, and natural resources, representing themes of
settlement, migration, transportation, commerce, and natural
resource uses, as described in the Lower Eastern Shore Heritage
Plan (1992), endorsed by local governments, and in the draft
report, Investing in a Special Place: A Report by the National
Park Service to Congress and the Public on Resources,
Accomplishments, and Opportunities for Conservation and
Sustainable Development: Lower Eastern Shore, Maryland (1995);
(2) the Lower Eastern Shore played an important role in the
history of the American Revolution and the Civil War;
(3) the Lower Eastern Shore gave birth to the uniquely
American art form of decoy-carving through the internationally
recognized work of Lemuel and Steve Ward and played a central
role in the recognition of the aesthetic value of waterfowl
habitat and landscapes;
(4) the skipjack, a popular symbol of the Chesapeake Bay
designed and used in Maryland for harvesting oysters, is the
last commercial sailing vessel still used in North America;
(5) the Lower Eastern Shore played an important role in the
evolution of the colonial and American agricultural, timbering,
shipping, and seafood industries in the 17th through 20th
centuries, exemplified in many structures and landscapes,
including farms and plantations, railroad towns, seafood
processing industries, docks, and what was once the largest
cannery in the United States;
(6) the Lower Eastern Shore rural townscapes and
landscapes--
(A) display exceptional surviving physical
resources illustrating the themes of the Lower Eastern
Shore and the social, industrial, and cultural history
of the 17th through the early 20th centuries; and
(B) include many national historic sites and
landmarks;
(7) the Lower Eastern Shore is the home of traditions and
research efforts associated with native American, African-
American, and European-American settlements dating to periods
before, during, and after European contact, and retains
physical, social, and cultural evidence of the traditions; and
(8) the State of Maryland has established a structure to
enable Lower Eastern Shore communities to join together to
preserve, conserve, and manage the Lower Eastern Shore's
resources through the Maryland Greenways Commission, river
conservation, trail development, and other means.
SEC. 4. PURPOSES.
The purposes of this Act are to--
(1) recognize the importance of the history, culture, and
living resources of the Lower Eastern Shore to the United
States;
(2) assist the State of Maryland and the communities of the
Lower Eastern Shore in protecting, restoring, and interpreting
the Lower Eastern Shore's resources for the benefit of the
United States; and
(3) authorize Federal financial and technical assistance to
serve the purposes stated in paragraph (1) and (2).
SEC. 5. LOWER EASTERN SHORE AMERICAN HERITAGE AREA.
(a) Establishment.--The Secretary shall establish a Lower Eastern
Shore American Heritage Area.
(b) Initial Geographic Scope.--
(1) In general.--Except as otherwise provided in this
subsection, the Heritage Area shall consist of the Maryland
counties of Somerset, Wicomico, and Worcester.
(2) Local agreement to participate.--The government of each
county listed under paragraph (1) and each municipality in a
county listed under paragraph (1) shall become a participating
partner by entering into the compact under section 6.
(3) Additional partners.--The Secretary may include a
county or municipality other than those listed in paragraph (1)
to be part of the Heritage Area if the county becomes a
participating partner by entering into the compact under
section 6.
(4) Coordination.--The Secretary may coordinate with or
allow participation by any county, city, town, or village in
the Lower Eastern Shore.
SEC. 6. COMPACT.
(a) In General.--To carry out the purposes of this Act, the
Secretary shall enter into a compact with the State of Maryland, the
coordinating entity, and any county eligible to be a participating
partner under section 5.
(b) Information.--The compact shall include information relating to
the objectives and management of Heritage Area programs, including--
(1) a discussion of the goals and objectives of Heritage
Area programs, including an explanation of a proposed approach
to conservation and interpretation and a general outline of the
measures committed to by the parties to the compact;
(2) a description of the respective roles of the
participating partners;
(3) a list of the initial partners to be involved in
developing and implementing a management plan for the Heritage
Area and a statement of the financial commitment of the
partners; and
(4) a description of the role of the State of Maryland.
SEC. 7. MANAGEMENT PLAN.
(a) In General.--The coordinating entity and the participating
partners shall develop a management plan for the Heritage Area that
presents comprehensive recommendations for conservation, program
funding, management, and development.
(b) Plan Requirements.--The management plan shall--
(1) be consistent with State and local plans in existence
prior to development of the management plan;
(2) involve residents, public agencies, universities, and
private organizations working in the Heritage Area;
(3) specify the existing and potential sources of funding
to protect, manage, and develop the Heritage Area; and
(4) include--
(A) a description of actions to be undertaken by
units of government and private organizations;
(B) an inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of the
property's natural, cultural, historical, recreational,
or scenic significance;
(C) a recommendation of policies for resource
management that considers and details application of
appropriate land and water management techniques,
including the development of intergovernmental
cooperative agreements to protect the Heritage Area's
historical, cultural, recreational, and natural
resources in a manner that is consistent with
supporting appropriate and compatible economic
viability;
(D) a program for implementation of the management
plan, including plans for restoration and construction,
and specific commitments of the participating partners
for the first 5 years of operation;
(E) an analysis of ways in which Federal, State,
and local programs may best be coordinated to promote
the purposes of this Act; and
(F) an interpretation plan for the Heritage Area.
(c) Time Limit for Submission of a Management Plan.--If the
Secretary has not approved a management plan by the date that is 2
years after the date of enactment of this Act, the Heritage Area shall
be ineligible for Federal funding until a management plan is approved.
SEC. 8. THE COORDINATING ENTITY AND PARTICIPATING PARTNERS.
(a) Duties of the Coordinating Entity and Participating Partners.--
The coordinating entity and participating partners shall--
(1) develop and submit to the Secretary for approval a
management plan pursuant to section 7 not later than the date
that is 2 years after the date of enactment of this Act;
(2) give priority to implementing actions set forth in the
compact and the management plan, including taking steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in--
(i) preserving the Heritage Area;
(ii) establishing and maintaining
interpretive exhibits in the Heritage Area;
(iii) developing recreational resources in
the Heritage Area;
(iv) increasing public awareness of and
appreciation for the natural, historical, and
architectural resources and sites in the
Heritage Area; and
(v) restoring any historic building
relating to the themes of the Heritage Area;
(B) encourage by appropriate means economic
vitality in the area consistent with the management
plan for the Heritage Area;
(C) encourage local governments to adopt policies
consistent with the management of the Heritage Area and
the goals of the plan; and
(D) assist units of government, regional planning
organizations, businesses, and nonprofit organizations
to ensure that clear, consistent, and environmentally
appropriate signs identifying access points and sites
of interest are put in place throughout the Heritage
Area;
(3) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(4) conduct public meetings not less frequently than
quarterly regarding the implementation of the management plan;
(5) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for approval;
(6) for any year in which Federal funds have been received
under this Act, submit an annual report to the Secretary
setting forth the accomplishments and expenses and income of
the coordinating entity and the participating partners and the
entity to which any loans and grants were made during the year
for which the report is made; and
(7) for any year in which Federal funds have been received
under this Act, make available for audit all records pertaining
to the expenditure of the Federal funds and any matching funds
and require, for all agreements authorizing expenditure of
Federal funds by other organizations, that the receiving
organizations make available for audit all records pertaining
to the expenditure of the funds.
(b) Federal Funding.--
(1) Operations.--The Federal contribution to the operations
of the coordinating entity and participating partners shall not
exceed 50 percent of the annual operating cost of the entity
and partners associated with carrying out this Act.
(2) Implementation.--A grant to the coordinating entity or
a participating partner for implementation of this Act may not
exceed 75 percent of the cost of the entity and partners for
implementing this Act.
(c) Prohibition of Acquisition of Real Property.--The coordinating
entity may not use Federal funds received under this Act to acquire
real property or an interest in real property.
(d) Eligibility To Receive Financial Assistance.--
(1) Eligibility.--Except as provided in paragraph (2), the
coordinating entity shall be eligible to receive funds to carry
out this Act for a period of 10 years after the date on which
the compact under section 6 is signed by the Secretary and the
coordinating entity.
(2) Exception.--The coordinating entity may receive funding
under this Act for a period of not more than 5 additional
years, if--
(A) the coordinating entity determines that the
extension is necessary in order to carry out the
purposes of this Act and the coordinating entity
notifies the Secretary of the determination not later
than 180 days prior to the termination date;
(B) not later than 180 days prior to the
termination date, the coordinating entity presents to
the Secretary a plan of activities for the period of
the extension, including a plan for becoming
independent of the funds made available through this
Act; and
(C) the Secretary, in consultation with the
Governor of Maryland, approves the extension of
funding.
(e) Other Federal Funds.--Nothing in this Act shall affect the use
of Federal funds received by the coordinating entity or a participating
partner under any other Act.
SEC. 9. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Duties and Authorities of the Secretary.--
(1) Grants to the coordinating entity and participating
partners.--The Secretary shall make grants available to the
coordinating entity and the participating partners to carry out
this Act.
(2) Technical and financial assistance.--
(A) In general.--On request of the coordinating
entity, the Secretary may provide technical and
financial assistance to the coordinating entity and
participating partners to develop and implement the
management plan.
(B) Priority.--In assisting the coordinating entity
and participating partners, the Secretary shall give
priority to actions that--
(i) conserve the significant natural,
historic, and cultural resources of the
Heritage Area; and
(ii) provide educational, interpretive, and
recreational opportunities consistent with the
resources and associated values of the Heritage
Area.
(B) Expenditures for nonfederally owned property.--
The Secretary may expend Federal funds on nonfederally
owned property to further the purposes of this Act,
including assisting units of government in appropriate
treatment of districts, sites, buildings, structures,
and objects listed or eligible for listing on the
National Register of Historic Places.
(2) Approval and disapproval of compacts and management
plans.--
(A) In general.--The Secretary, in consultation
with the Governor of Maryland, shall approve or
disapprove a compact or management plan submitted under
this Act not later than 90 days after receiving the
compact or management plan.
(B) Action following disapproval.--
(i) In general.--If the Secretary
disapproves a compact or management plan, the
Secretary shall advise the coordinating entity
in writing of the reasons for rejecting the
compact or plan and shall make recommendations
for revisions in the compact or plan.
(ii) Approval of revision.--The Secretary
shall approve or disapprove a proposed revision
not later than 90 days after the date the
revision is submitted.
(3) Approving amendments.--
(A) In general.--The Secretary shall review
substantial amendments to the management plan for the
Heritage Area.
(B) Funds for amendment.--Funds made available
under this Act may not be expended to implement a
substantial amendment to the management plan until the
Secretary approves the amendment.
(4) Issuing regulations.--The Secretary shall issue such
regulations as are necessary to carry out this Act.
(b) Duties of Federal Entities.--A Federal entity conducting or
supporting an activity directly affecting the Heritage Area, and any
unit of government acting pursuant to a grant of Federal funds or a
Federal permit or agreement conducting or supporting an activity
directly affecting the Heritage Area, shall, to the maximum extent
practicable--
(1) consult with the Secretary and the coordinating entity
with respect to the activity;
(2) cooperate with the Secretary and the coordinating
entity in carrying out the duties of the Secretary and the
coordinating entity under this Act; and
(3) conduct or support the activity in a manner consistent
with the management plan.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Lower Eastern Shore American Heritage Area Act of 1996 - Directs the Secretary of the Interior to establish a Lower Eastern Shore American Heritage Area in the Maryland counties of Somerset, Wicomico, and Worcester.
Requires the Secretary to enter into a compact (which shall include information relating to the objectives and management of the Area's programs) with the State of Maryland, the Lower Eastern Shore Heritage Committee, Inc. (coordinating entity) and any county eligible to be a participating partner under this Act.
Requires the coordinating entity and the participating partners to develop a management plan for the Area that presents comprehensive recommendations for conservation, program funding, management, and development.
Provides that, if the Secretary has not approved a plan by two years after this Act's enactment date, the Area shall be ineligible for Federal funding until a management plan is approved.
Sets forth provisions concerning: (1) the duties of the coordinating entity and participating partners; (2) limitations on Federal contributions for the operation and implementation costs of such entities and partners with respect to this Act; (3) a prohibition on use of such funds for acquisition of real property; and (4) eligibility of coordinating entities to receive the funds for a ten- year period after the date on which the compact is signed and, if necessary, for an additional five-year period, under specified conditions.
Directs the Secretary to make grants available to the coordinating entity and participating partners. Authorizes the Secretary to provide technical and financial assistance to coordinating entities and participating partners, on the request of coordinating entities.
Allows the Secretary to expend Federal funds for nonfederally- owned property to further the purpose of this Act.
Requires a Federal entity conducting or supporting an activity directly affecting the Area and any unit of government acting pursuant to a grant of Federal funds or a Federal permit or agreement conducting or supporting such activity to: (1) consult with the Secretary and the coordinating entity with respect to the activity; (2) cooperate with the Secretary and the entity in carrying out the Secretary's and the entity's duties under this Act; and (3) conduct or support the activity in a manner consistent with the management plan.
Authorizes appropriations. | {"src": "billsum_train", "title": "Lower Eastern Shore American Heritage Area Act of 1996"} | 3,170 | 472 | 0.569521 | 2.010049 | 0.789332 | 4.556845 | 7.143852 | 0.932715 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Comparative
Effectiveness Act of 2003''.
SEC. 2. NIH RESEARCH AND AHRQ STUDY ON EFFECTIVENESS OF CERTAIN
PRESCRIPTION DRUGS.
(a) In General.--
(1) Research by nih.--The Director of the National
Institutes of Health, in coordination with the Director of the
Agency for Healthcare Research and Quality, shall conduct
research, which may include clinical research, to develop valid
scientific evidence regarding the comparative effectiveness,
cost-effectiveness, and, where appropriate, comparative safety
of covered prescription drugs relative to other drugs and
treatments for the same disease or condition.
(2) Analysis by ahrq.--
(A) In general.--The Director of the Agency for
Healthcare Research and Quality, taking into
consideration the research of the National Institutes
of Health under this section, shall use evidence-based
practice centers to conduct studies or other analyses
of the comparative effectiveness, cost-effectiveness,
and, where appropriate, comparative safety of covered
prescription drugs relative to other drugs and
treatments for the same disease or condition.
(B) Safety.--In any analysis of comparative
effectiveness or cost-effectiveness under this
subparagraph, the Director of the Agency for Healthcare
Research and Quality shall include a discussion of
available information on relative safety.
(3) Standards.--The Director of the Agency for Healthcare
Research and Quality, in consultation with the Commissioner of
Food and Drugs, the Director of the National Institutes of
Health, and stakeholders, shall develop standards for the
design and conduct of cost-effectiveness studies under this
subsection.
(b) Covered Prescription Drugs.--For purposes of this section, the
term ``covered prescription drugs'' means prescription drugs that, as
determined by the Director of the Agency for Healthcare Research and
Quality in consultation with the Administrator of the Centers for
Medicare & Medicaid Services, account for high levels of expenditures
or use by individuals in federally funded health programs, including
Medicare and Medicaid.
(c) Annual Report.--Each year the Director of the Agency for
Healthcare Research and Quality shall prepare a report on the results
of the research, studies, and analyses conducted by the National
Institutes of Health and the Agency for Healthcare Research and Quality
under this section and submit the report to the following:
(1) The Congress.
(2) The Secretary of Defense.
(3) The Secretary of Health and Human Services.
(4) The Secretary of Veterans Affairs.
(5) The Administrator of the Centers for Medicare &
Medicaid Services.
(6) The Director of the Indian Health Service.
(7) The Director of the National Institutes of Health.
(8) The Director of the Office of Personnel Management.
(d) Reports for Practitioners.--As soon as possible, but not later
than a year after the completion of any study pursuant to subsection
(a)(2), the Director of the Agency for Healthcare Research and Quality
shall--
(1) prepare a report on the results of such study for the
purpose of informing health care practitioners; and
(2) transmit the report to the Director of the National
Institutes of Health.
(e) NIH Internet Site.--The Director of the National Institutes of
Health shall publish on the Institutes' Internet site, and through
other means that will facilitate access by practitioners, each report
prepared under subsection (c) or (d) by the Director of the Agency for
Healthcare Research and Quality.
(f) Evidence.--In carrying out this section, the Directors of the
National Institutes of Health and the Agency for Healthcare Research
and Quality shall consider only methodologically sound studies, giving
preference to studies for which the Directors have access to sufficient
underlying data and analysis to address any significant concerns about
methodology or the reliability of data.
(g) Authorizations of Appropriations.--
(1) NIH.--There are authorized to be appropriated to the
National Institutes of Health to carry out this section
$50,000,000 for fiscal year 2004, and such sums as may be
necessary for fiscal years thereafter.
(2) AHRQ.--There are authorized to be appropriated to the
Agency for Healthcare Research and Quality to carry out this
section $25,000,000 for fiscal year 2004, and such sums as may
be necessary for fiscal years thereafter. | Prescription Drug Comparative Effectiveness Act of 2003 - Directs the Director of the National Institutes of Health, in coordination with the Director of the Agency for Healthcare Research and Quality, to conduct research to develop valid scientific evidence regarding the comparative effectiveness, cost-effectiveness, and (where appropriate) comparative safety relative to other drugs and treatments for the same disease or condition, of prescription drugs that account for high levels of expenditures or use by individuals in Federally funded health programs, including Medicare and Medicaid.Directs the Director of the Agency for Healthcare Research and Quality to: (1) analyze such evidence; and (2) develop standards for the design and conduct of cost-effectiveness studies under this Act.Establishes reporting requirements. | {"src": "billsum_train", "title": "To require the National Institutes of Health to conduct research, and the Agency for Healthcare Research and Quality to conduct studies, on the comparative effectiveness and cost-effectiveness of prescription drugs that account for high levels of expenditures or use by individuals in federally funded health programs, and for other purposes."} | 919 | 153 | 0.744265 | 1.868531 | 0.688518 | 5.826087 | 6.304348 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Center for Social Work
Research Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) social workers focus on the improvement of individual
and family functioning and the creation of effective health and
mental health prevention and treatment interventions in order
for individuals to become more productive members of society;
(2) social workers provide front line prevention and
treatment services in the areas of school violence, aging, teen
pregnancy, child abuse, domestic violence, juvenile crime, and
substance abuse, particularly in rural and underserved
communities; and
(3) social workers are in a unique position to provide
valuable research information on these complex social concerns,
taking into account a wide range of social, medical, economic
and community influences from an interdisciplinary, family-
centered and community-based approach.
SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH.
(a) In General.--Section 401(b)(2) of the Public Health Service Act
(42 U.S.C. 281(b)(2)) is amended by adding at the end the following:
``(H) The National Center for Social Work Research.''.
(b) Establishment.--Part E of title IV of the Public Health Service
Act (42 U.S.C. 287 et seq.) is amended by adding at the end the
following:
``Subpart 7--National Center for Social Work Research
``SEC. 485J. PURPOSE OF CENTER.
``The general purpose of the National Center for Social Work
Research (referred to in this subpart as the `Center') is the conduct
and support of, and dissemination of targeted research concerning
social work methods and outcomes related to problems of significant
social concern. The Center shall--
``(1) promote research and training that is designed to
inform social work practices, thus increasing the knowledge
base which promotes a healthier America; and
``(2) provide policymakers with empirically-based research
information to enable such policymakers to better understand
complex social issues and make informed funding decisions about
service effectiveness and cost efficiency.
``SEC. 485K. SPECIFIC AUTHORITIES.
``(a) In General.--To carry out the purpose described in section
485J, the Director of the Center may provide research training and
instruction and establish, in the Center and in other nonprofit
institutions, research traineeships and fellowships in the study and
investigation of the prevention of disease, health promotion, the
association of socioeconomic status, gender, ethnicity, age and
geographical location and health, the social work care of individuals
with, and families of individuals with, acute and chronic illnesses,
child abuse, neglect, and youth violence, and child and family care to
address problems of significant social concern especially in
underserved populations and underserved geographical areas.
``(b) Stipends and Allowances.--The Director of the Center may
provide individuals receiving training and instruction or traineeships
or fellowships under subsection (a) with such stipends and allowances
(including amounts for travel and subsistence and dependency
allowances) as the Director determines necessary.
``(c) Grants.--The Director of the Center may make grants to
nonprofit institutions to provide training and instruction and
traineeships and fellowships under subsection (a).
``SEC. 485L. ADVISORY COUNCIL.
``(a) Duties.--
``(1) In general.--The Secretary shall establish an
advisory council for the Center that shall advise, assist,
consult with, and make recommendations to the Secretary and the
Director of the Center on matters related to the activities
carried out by and through the Center and the policies with
respect to such activities.
``(2) Gifts.--The advisory council for the Center may
recommend to the Secretary the acceptance, in accordance with
section 231, of conditional gifts for study, investigations,
and research and for the acquisition of grounds or
construction, equipment, or maintenance of facilities for the
Center.
``(3) Other duties and functions.--The advisory council for
the Center--
``(A)(i) may make recommendations to the Director
of the Center with respect to research to be conducted
by the Center;
``(ii) may review applications for grants and
cooperative agreements for research or training and
recommend for approval applications for projects that
demonstrate the probability of making valuable
contributions to human knowledge; and
``(iii) may review any grant, contract, or
cooperative agreement proposed to be made or entered
into by the Center;
``(B) may collect, by correspondence or by personal
investigation, information relating to studies that are
being carried out in the United States or any other
country and, with the approval of the Director of the
Center, make such information available through
appropriate publications; and
``(C) may appoint subcommittees and convene
workshops and conferences.
``(b) Membership.--
``(1) In general.--The advisory council shall be composed
of the ex officio members described in paragraph (2) and not
more than 18 individuals to be appointed by the Secretary under
paragraph (3).
``(2) Ex officio members.--The ex officio members of the
advisory council shall include--
``(A) the Secretary of Health and Human Services,
the Director of NIH, the Director of the Center, the
Chief Social Work Officer of the Veterans'
Administration, the Assistant Secretary of Defense for
Health Affairs, the Associate Director of Prevention
Research at the National Institute of Mental Health,
the Director of the Division of Epidemiology and
Services Research, the Assistant Secretary of Health
and Human Services for the Administration for Children
and Families, the Assistant Secretary of Education for
the Office of Educational Research and Improvement, the
Assistant Secretary of Housing and Urban Development
for Community Planning and Development, and the
Assistant Attorney General for Office of Justice
Programs (or the designees of such officers); and
``(B) such additional officers or employees of the
United States as the Secretary determines necessary for
the advisory council to effectively carry out its
functions.
``(3) Appointed members.--The Secretary shall appoint not
to exceed 18 individuals to the advisory council, of which--
``(A) not more than two-thirds of such individual
shall be appointed from among the leading
representatives of the health and scientific
disciplines (including public health and the behavioral
or social sciences) relevant to the activities of the
Center, and at least 7 such individuals shall be
professional social workers who are recognized experts
in the area of clinical practice, education, or
research; and
``(B) not more than one-third of such individuals
shall be appointed from the general public and shall
include leaders in fields of public policy, law, health
policy, economics, and management.
The Secretary shall make appointments to the advisory council
in such a manner as to ensure that the terms of the members do
not all expire in the same year.
``(4) Compensation.--Members of the advisory council who
are officers or employees of the United States shall not
receive any compensation for service on the advisory council.
The remaining members shall receive, for each day (including
travel time) they are engaged in the performance of the
functions of the advisory council, compensation at rates not to
exceed the daily equivalent of the annual rate in effect for an
individual at grade GS-18 of the General Schedule.
``(c) Terms.--
``(1) In general.--The term of office of an individual
appointed to the advisory council under subsection (b)(3) shall
be 4 years, except that any individual appointed to fill a
vacancy on the advisory council shall serve for the remainder
of the unexpired term. A member may serve after the expiration
of the member's term until a successor has been appointed.
``(2) Reappointments.--A member of the advisory council who
has been appointed under subsection (b)(3) for a term of 4
years may not be reappointed to the advisory council prior to
the expiration of the 2-year period beginning on the date on
which the prior term expired.
``(3) Vacancy.--If a vacancy occurs on the advisory council
among the members under subsection (b)(3), the Secretary shall
make an appointment to fill that vacancy not later than 90 days
after the date on which the vacancy occurs.
``(d) Chairperson.--The chairperson of the advisory council shall
be selected by the Secretary from among the members appointed under
subsection (b)(3), except that the Secretary may select the Director of
the Center to be the chairperson of the advisory council. The term of
office of the chairperson shall be 2 years.
``(e) Meetings.--The advisory council shall meet at the call of the
chairperson or upon the request of the Director of the Center, but not
less than 3 times each fiscal year. The location of the meetings of the
advisory council shall be subject to the approval of the Director of
the Center.
``(f) Administrative Provisions.--The Director of the Center shall
designate a member of the staff of the Center to serve as the executive
secretary of the advisory council. The Director of the Center shall
make available to the advisory council such staff, information, and
other assistance as the council may require to carry out its functions.
The Director of the Center shall provide orientation and training for
new members of the advisory council to provide such members with such
information and training as may be appropriate for their effective
participation in the functions of the advisory council.
``(g) Comments and Recommendations.--The advisory council may
prepare, for inclusion in the biennial report under section 485M--
``(1) comments with respect to the activities of the
advisory council in the fiscal years for which the report is
prepared;
``(2) comments on the progress of the Center in meeting its
objectives; and
``(3) recommendations with respect to the future direction
and program and policy emphasis of the center.
The advisory council may prepare such additional reports as it may
determine appropriate.
``SEC. 485M. BIENNIAL REPORT.
``The Director of the Center, after consultation with the advisory
council for the Center, shall prepare for inclusion in the biennial
report under section 403, a biennial report that shall consist of a
description of the activities of the Center and program policies of the
Director of the Center in the fiscal years for which the report is
prepared. The Director of the Center may prepare such additional
reports as the Director determines appropriate. The Director of the
Center shall provide the advisory council of the Center an opportunity
for the submission of the written comments described in section
485L(g).
``SEC. 485N. QUARTERLY REPORT.
``The Director of the Center shall prepare and submit to Congress a
quarterly report that contains a summary of findings and policy
implications derived from research conducted or supported through the
Center.''. | National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research as an agency of the National Institutes of Health. Authorizes the Center to establish research traineeships and fellowships, provide stipends and allowances, and make grants. Directs the Secretary of Health and Human Services to establish an advisory council for the Center. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research."} | 2,359 | 85 | 0.55653 | 1.389072 | 0.673083 | 3.73913 | 32.666667 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mathematics, Science, and Special
Education Teacher Recruitment Act of 2002''.
SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS.
(a) Guaranteed Student Loans.--Part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by inserting
after section 428K the following:
``SEC. 428L. EXPANDED LOAN FORGIVENESS FOR HIGHLY QUALIFIED TEACHERS OF
MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION.
``(a) Purpose.--It is the purpose of this section to--
``(1) expand, subject to the availability of
appropriations, the eligibility of certain highly qualified
teachers to qualify for loan forgiveness beyond that available
under section 428J; and
``(2) provide additional incentives for highly qualified
teachers of mathematics, science, and special education in
high-need schools to enter and continue in the teaching
profession.
``(b) Program Authorized.--
``(1) In general.--The Secretary is authorized to carry out
a program, through the holder of the loan, of assuming the
obligation to repay a qualified loan amount for a loan made
under section 428 or 428H, in accordance with subsection (c),
for any borrower who--
``(A) is a highly qualified, full-time teacher of
mathematics, science, or special education at a high-
need school, and has been so employed for not less than
5 consecutive complete school years;
``(B) had mathematics, life or physical sciences,
technology, engineering, or special education as an
undergraduate academic major or minor, or has a
graduate degree in any such field, as certified by the
chief administrative officer of the public or nonprofit
private school in which the borrower is employed; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall
promulgate regulations to ensure fairness and equality for
applicants in the selection of borrowers for loan repayment
under this section, based on the amount appropriated to carry
out this section.
``(c) Qualified Loan Amounts.--
``(1) In general.--The Secretary is authorized to repay not
more than $17,500 in the aggregate of the loan obligation on 1
or more loans made under section 428 or 428H that are
outstanding after the completion of the fifth complete school
year of teaching described in subsection (b)(1)(A).
``(2) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C may be a qualified loan amount
for the purposes of this subsection only to the extent that
such loan amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
made under section 428 or 428H for a borrower who meets the
requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) Additional Eligibility Provisions.--
``(1) Continued eligibility.--A highly qualified teacher
shall be eligible for loan forgiveness pursuant to subsection
(b), if the teacher performs service in a school that--
``(A) meets the definition of a high-need school
under subsection (g) in any year during such service;
and
``(B) in a subsequent year, fails to meet the
definition of a high-need school under subsection (g).
``(2) Prevention of double benefits.--
``(A) National service positions.--No borrower may,
for the same service, receive a benefit under both this
section and subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(B) Loan forgiveness and cancellation provisions
for teachers.--
``(i) Forgiveness.--No borrower may receive
a reduction of loan obligations under both this
section and section 428J.
``(ii) Cancellation.--No borrower may
receive loan forgiveness under this section and
loan cancellation under section 460 or section
460A that exceeds, in the aggregate, $17,500.
``(g) Definitions.--In this section:
``(1) Highly qualified.--The term `highly qualified' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (Public Law 107-110).
``(2) High-need school.--The term `high-need school' has
the meaning given the term in section 2304(d) of the Elementary
and Secondary Education Act of 1965 (Public Law 107-110).
``(3) Year.--The term `year', where applied to service as a
teacher, means an academic year as defined by the Secretary.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for the period of fiscal years 2003 through 2008.''.
(b) Direct Student Loans.--Part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a) is amended by inserting after
section 460 the following:
``SEC. 460A. EXPANDED LOAN CANCELLATION FOR HIGHLY QUALIFIED TEACHERS
OF MATHEMATICS, SCIENCE, AND SPECIAL EDUCATION.
``(a) Purpose.--It is the purpose of this section to--
``(1) expand, subject to the availability of
appropriations, the eligibility of certain highly qualified
teachers to qualify for loan cancellation beyond that available
under section 460; and
``(2) provide additional incentives for highly qualified
teachers of mathematics, science, and special education in
high-need schools to enter and continue in the teaching
profession.
``(b) Program Authorized.--
``(1) In general.--The Secretary is authorized to cancel
the obligation to repay a qualified loan amount in accordance
with subsection (c) for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans made under this part
for any borrower who--
``(A) is a highly qualified, full-time teacher of
mathematics, science, or special education at a high-
need school, and has been so employed for not less than
5 consecutive complete school years;
``(B) had mathematics, life or physical sciences,
technology, engineering, or special education as an
undergraduate academic major or minor, or has a
graduate degree in any such field, as certified by the
chief administrative officer of the public or nonprofit
private school in which the borrower is employed; and
``(C) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Selection of recipients.--The Secretary shall
promulgate regulations to ensure fairness and equality for
applicants in the selection of borrowers for loan cancellation
under this section, based on the amount appropriated to carry
out this section.
``(c) Qualified Loan Amounts.--
``(1) In general.--The Secretary is authorized to cancel
not more than $17,500 in the aggregate of the loan obligation
on 1 or more Federal Direct Stafford Loans or 1 or more Federal
Direct Unsubsidized Stafford Loans that are outstanding after
the completion of the fifth complete school year of teaching
described in subsection (b)(1)(A).
``(2) Treatment of consolidation loans.--A loan amount for
a Federal Direct Consolidation Loan may be a qualified loan
amount for the purposes of this subsection only to the extent
that such loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
a loan made under section 428 or 428H for a borrower who meets
the requirements of subsection (b), as determined in accordance
with regulations prescribed by the Secretary.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any canceled loan.
``(f) Additional Eligibility Provisions.--
``(1) Continued eligibility.--A highly qualified teacher
shall be eligible for loan forgiveness pursuant to subsection
(b), if the teacher performs service in a school that--
``(A) meets the definition of a high-need school
under subsection (g) in any year during such service;
and
``(B) in a subsequent year, fails to meet the
definition of a high-need school under subsection (g).
``(2) Prevention of double benefits.--
``(A) National service positions.--No borrower may,
for the same service, receive a benefit under both this
section and subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12601 et
seq.).
``(B) Loan forgiveness and cancellation provisions
for teachers.--
``(i) Cancellation.--No borrower may
receive a reduction of loan obligations under
both this section and section 460.
``(ii) Forgiveness.--No borrower may
receive loan cancellation under this section
and loan forgiveness under section 428J or
section 428L that exceeds, in the aggregate,
$17,500.
``(g) Definitions.--In this section:
``(1) Highly qualified.--The term `highly qualified' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (Public Law 107-110).
``(2) High-need school.--The term `high-need school' has
the meaning given the term in section 2304(d) of the Elementary
and Secondary Education Act of 1965 (Public Law 107-110).
``(3) Year.--The term `year', where applied to service as a
teacher, means an academic year as defined by the Secretary.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for the period of fiscal years 2003 through 2008.''. | Mathematics, Science, and Special Education Teacher Recruitment Act of 2002 - Amends the Higher Education Act of 1965 to establish new programs of student guaranteed and direct loan forgiveness for highly qualified mathematics, science, and special education teachers in high-need schools.Requires for eligibility: (1) at least five consecutive complete school years of such teaching; and (2) an undergraduate or graduate degree in mathematics, life or physical sciences, technology, engineering, or special education, as certified by the chief administrative officer of the public or nonprofit private school where the borrower is employed. Requires that the teaching service be at a high-need school, defined under the Elementary and Secondary Education Act of 1965 as a public elementary, secondary, or charter school where: (1) at least half of the students are from low-income families; or (2) a large percentage of students qualify for assistance under the Individuals with Disabilities Education Act. | {"src": "billsum_train", "title": "A bill to expand the teacher loan forgiveness programs under the guaranteed and direct student loan programs for highly qualified teachers of mathematics, science, and special education, and for other purposes."} | 2,386 | 193 | 0.623662 | 1.595318 | 0.811403 | 3.225275 | 11.494505 | 0.884615 |
SECTION 1. TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRIC FACILITIES.
(a) Permitted Open Access Transactions Not a Private Business
Use.--Section 141(b)(6) of the Internal Revenue Code of 1986 (defining
private business use) is amended by adding at the end the following:
``(C) Permitted open access transactions not a
private business use.--
``(i) In general.--For purposes of this
subsection, the term `private business use'
shall not include a permitted open access
transaction.
``(ii) Permitted open access transaction
defined.--For purposes of clause (i), the term
`permitted open access transaction' means any
of the following transactions or activities
with respect to an electric output facility (as
defined in subsection (f)(5)(A)) owned or
leased by a governmental unit or in which a
governmental unit has capacity rights:
``(I) Providing open access
transmission services and ancillary
services that meet the reciprocity
requirements of Federal Energy
Regulatory Commission Order No. 888, or
that are ordered by the Federal Energy
Regulatory Commission, or that are
provided in accordance with a
transmission tariff of an independent
system operator approved by such
Commission, or are consistent with
state administered laws, rules or
orders providing for open transmission
access.
``(II) Participation in an
independent system operator agreement,
regional transmission group, or power
exchange agreement approved by such
Commission.
``(III) Delivery on an open access
basis of electric energy sold by other
entities to end-users served by such
governmental unit's distribution
facilities.
``(IV) If open access service is
provided under subclause (I) or (III),
the sale of electric output of electric
output facilities on terms other than
those available to the general public
if such sale is (1) to an on-system
purchaser, (2) an existing off-system
sale, or (3) a qualifying load loss
sale.
``(V) Such other transactions or
activities as may be provided in
regulations prescribed by the
Secretary.
``(iii) Qualifying load loss sale.--For
purposes of clause (ii)(IV), a sale of electric
energy by a governmental unit is a qualifying
load loss sale in any calendar year after 1997,
if it is a new off-system sale, and the
aggregate of new off-system sales in such year
does not exceed lost load, and if the term of
the sale does not exceed three years, and such
governmental unit has elected under subsection
(f)(2) to suspend issuance of certain tax-
exempt bonds for not less than the term of the
sale (or for any period equal to the term of
the sale that includes the first year of the
sale).
``(iv) Other definitions; special rules.--
For purposes of this subparagraph--
``(I) On-system purchaser.--The
term `on-system purchaser' means a
person who purchases electric energy
from a governmental unit and who is
directly connected with transmission or
distribution facilities that are owned
or leased by such governmental unit or
in which such governmental unit has
capacity rights that are treated under
FERC tariffs or existing contracts as
equivalent to ownership.
``(II) Off-system purchaser.--The
term `off-system purchaser' means a
purchaser of electric energy from a
governmental unit other than an on-
system purchaser.
``(III) Existing off-system sale.--
The term `existing off-system sale'
means a sale of electric energy to a
person that was an off-system purchaser
of electric energy in the base year,
but not in excess of the KWH purchased
by such person in such year.
``(IV) New off-system sale.--The
term `new off-system sale' means an
off-system sale other than an existing
off-system sale.
``(V) Lost load.--The term `lost
load' for the purposes of determining
qualifying load loss sales for any
year, means the amount (if any) by
which (1) the sum of on-system sales of
electric energy and existing off-system
sales of electric energy in such year
is less than (2) the sum of such sales
of electric energy in the base year.
``(VI) Base year.--The term `base
year' means 1997 (or, at the election
of such unit, in 1995 or 1996).
``(VII) Joint action agencies.--A
member of a joint action agency that is
entitled to make a qualifying load loss
sale in a year may transfer that
entitlement to the joint action agency
in accordance with rules of the
Secretary.''.
(b) Election To Terminate Tax Exempt Financing.--Section 141 of the
Internal Revenue Code of 1986 (relating to private activity bond;
qualified bond) is amended by adding at the end the following:
``(f) Election To Terminate or Suspend Tax-Exempt Bond Financing
for Certain Electric Output Facilities.--
``(1) Termination election.--An issuer may make an
irrevocable election under this paragraph to terminate certain
tax-exempt financing for electric output facilities. If the
issuer makes such election, then--
``(A) except as provided in paragraph (3), no bond
the interest on which is exempt from tax under section
103 may be issued on or after the date of such election
with respect to an electric output facility; and
``(B) notwithstanding paragraph (1) or (2) of
subsection (a) or paragraph (5) of subsection (b), with
respect to an electric output facility no bond that was
issued before the date of enactment of this subsection,
the interest on which was exempt from tax on such date,
shall be treated as a private activity bond, for so
long as such facility continues to be owned by a
governmental unit.
``(2) Suspension election.--For purposes of subsection
(b)(6)(C)(iii), an issuer may elect to suspend certain tax-
exempt financing for electric output facilities for a calendar
year. If the issuer makes such election, then (except as
provided in paragraph (3)) no bond, the interest on which is
exempt from tax under section 103, may be issued in such
calendar year with respect to an electric output facility.
``(3) Exceptions.--An election under paragraph (1) or (2)
does not apply to--
``(A) any qualified bond (as defined in subsection
(e)),
``(B) any eligible refunding bond, or
``(C) any bond issued to finance a qualifying T&D
facility, or
``(D) any bond issued to finance repairs or
pollution control equipment for electric output
facilities. Repairs cannot increase by more than a de
minimis degree the capacity of the facility beyond
its original design.
``(4) Form and effect of elections.--An election under
paragraph (1) or (2) shall be made in such a manner as the
Secretary prescribes and shall be binding on any successor in
interest to the issuer.
``(5) Definitions.--For purposes of this subsection--
``(A) Electric output facility.--The term `electric
output facility' means an output facility that is an
electric generation, transmission, or distribution
facility.
``(B) Eligible refunding bond.--The term `eligible
refunding bond' means state or local bonds issued after
an election described in paragraph (1) or (2) that
directly or indirectly refund state or local bonds
issued before such election, if the weighted average
maturity of the refunding bonds do not exceed the
remaining weighted average maturity of the bonds issued
before the election.
``(C) Qualifying t&d facility.--The term
`qualifying T&D facility' means--
``(i) transmission facilities over which
services described in subsection
(b)(6)(C)(ii)(I) are provided, or
``(ii) distribution facilities over which
services described in subsection
(b)(6)(C)(ii)(III) are provided.''
(c) Effective Date, Applicability, and Transition Rules.--
(1) Effective date.--The amendments made by this section
take effect on the date of enactment of this Act, except that a
governmental unit may elect to apply section 141(b)(6)(C) of
the Internal Revenue Code of 1986, as added by subsection (a),
with respect to permitted open access transactions on or after
July 9, 1996.
(2) Applicability.--References in the Act to sections of
the Internal Revenue Code of 1986, as amended, shall be deemed
to include references to comparable sections of the Internal
Revenue Code of 1954, as amended.
(3) Transition rules.--
(A) Private business use.--Any activity that was
not a private business use prior to the effective date
of the amendment made by subsection (a) shall not be
deemed to be a private business use by reason of the
enactment of such amendment.
(B) Election.--An issuer making the election under
section 141(f) of the Internal Revenue Code of 1986, as
added by subsection (b), shall not be liable under any
contract in effect on the date of enactment of this Act
for any claim under section 141(f) of such Code arising
from having made the election.
(d) Short Title.--This Act may be cited as the ``Private Use
Competition Reform Act of 1998''. | Amends the Internal Revenue Code, with respect to tax-exempt bond financing of certain electric facilities, to revise the definition of private business use to exclude a permitted open access transaction. Defines such a transaction. Permits, as specified, the termination or suspension of tax-exempt bond financing for certain electric output facilities. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide tax-exempt bond financing of certain electric facilities."} | 2,097 | 74 | 0.532883 | 1.403113 | 0.595773 | 3.290323 | 31.596774 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Regulatory
Improvement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Small businesses are frequently the source of new
products, methods, and innovations.
(2) A vibrant and growing small business sector is critical
to creating jobs in a dynamic economy.
(3) Regulations designed for application to large-scale
entities have been applied uniformly to small businesses and
other small entities.
(4) Uniform Federal regulatory and reporting requirements
in many instances have imposed on small businesses and other
small entities disproportionately burdensome demands, including
legal, accounting, and consulting costs.
(5) Since 1980, Federal agencies have been required to
recognize and take account of the differences in the scale and
resources of regulated entities but have failed to do so.
(6) Alternative regulatory approaches that do not conflict
with the stated objectives of the statutes the regulations seek
to implement may be available and may minimize the significant
economic impact of regulations on small businesses and other
small entities.
(7) Federal agencies have failed to analyze and uncover
less costly alternative regulatory approaches, despite the fact
that the chapter 6 of title 5, United States Code (commonly
known as the Regulatory Flexibility Act), requires them to do
so.
(8) Federal agencies continue to interpret chapter 6 of
title 5, United States Code, in a manner that permits them to
avoid their analytical responsibilities.
(9) Significant changes are needed in the methods by which
Federal agencies develop and analyze regulations, receive input
from affected entities, and develop regulatory alternatives
that will lessen the burden or maximize the benefits of final
rules to small businesses and other small entities.
(10) It is the intention of the Congress to amend chapter 6
of title 5, United States Code, to ensure that all impacts,
including foreseeable indirect effects, of proposed and final
rules are considered by agencies during the rulemaking process
and that the agencies assess a full range of alternatives that
will limit adverse economic consequences or enhance economic
benefits.
(11) Federal agencies should be capable of assessing the
impact of proposed and final rules without delaying the
regulatory process or impinging on the ability of Federal
agencies to fulfill their statutory mandates.
SEC. 3. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY
FLEXIBILITY ACT.
Section 601 of title 5, United States Code, is amended by adding at
the end the following new paragraph:
``(9) Economic impact.--The term `economic impact' means,
with respect to a proposed or final rule--
``(A) any direct economic effect on small entities
of such rule; and
``(B) any indirect economic effect on small
entities which is reasonably foreseeable and results
from such rule (without regard to whether small
entities will be directly regulated by the rule).''.
SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
(a) Initial Regulatory Flexibility Analysis.--Subsection (b) of
section 603 of title 5, United States Code, is amended to read as
follows:
``(b) Each initial regulatory flexibility analysis required under
this section shall contain a detailed statement describing--
``(1) the reasons why the action by the agency is being
considered;
``(2) the objectives of, and legal basis for, the proposed
rule;
``(3) the type of small entities to which the proposed rule
will apply;
``(4) the number of small entities to which the proposed
rule will apply or why such estimate is not available;
``(5) the projected reporting, recordkeeping, and other
compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject
to the requirement, the costs, and the type of professional
skills necessary to comply with the rule; and
``(6) all relevant Federal rules which may duplicate,
overlap, or conflict with the proposed rule, or the reasons why
such a description could not be provided.''.
(b) Final Regulatory Flexibility Analysis.--
(1) Paragraph (1) of section 604(a) of title 5, United
States Code, is amended by striking ``succinct''.
(2) Paragraph (3) of such section is amended by striking
``an explanation'' and inserting ``a detailed explanation''.
(3) Paragraph (4) of such section is amended to read as
follows:
``(4) a description of the projected reporting,
recordkeeping, and other compliance requirements of the rule,
including an estimate of the classes of small entities which
will be subject to the requirement, the costs, and the type of
professional skills necessary to comply with the rule; and''.
(c) Certification of No Impact.--Subsection (b) of section 605 of
title 5, United States Code, is amended by inserting ``detailed''
before ``statement'' both places such term appears.
SEC. 5. PERIODIC REVIEW OF RULES.
Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
``(a) Not later than 180 days after the enactment of the Small
Business Regulatory Improvement Act, each agency shall publish in the
Federal Register and place on its website a plan for the periodic
review of rules issued by the agency which the head of the agency
determines have a significant economic impact on a substantial number
of small entities. Such determination shall be made without regard to
whether the agency performed an analysis under section 604. The purpose
of the review shall be to determine whether such rules should be
continued without change, or should be amended or rescinded, consistent
with the stated objectives of applicable statutes, to minimize
significant economic impacts on a substantial number of small entities.
Such plan may be amended by the agency at any time by publishing the
revision in the Federal Register and subsequently placing the amended
plan on the agency's website.
``(b) The plan shall provide for the review of all such agency
rules existing on the date of the enactment of the Small Business
Regulatory Improvement Act within 10 years of the date of publication
of the plan in the Federal Register and for review of rules adopted
after the date of enactment of the Small Business Regulatory
Improvement Act within 10 years after the publication of the final rule
in the Federal Register. If the head of the agency determines that
completion of the review of existing rules is not feasible by the
established date, the head of the agency shall so certify in a
statement published in the Federal Register and may extend the review
for not longer than 2 years after publication of notice of extension in
the Federal Register. Such certification and notice shall be sent to
the Chief Counsel for Advocacy and the Congress.
``(c) Each agency shall annually submit a report regarding the
results of its review pursuant to such plan to the Congress and, in the
case of agencies other than independent regulatory agencies (as defined
in section 3502(5) of title 44, United States Code) to the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget. Such report shall include the
identification of any rule with respect to which the head of the agency
made a determination described in paragraph (5) or (6) of subsection
(d) and a detailed explanation of the reasons for such determination.
``(d) In reviewing rules under such plan, the agency shall consider
the following factors:
``(1) The continued need for the rule.
``(2) The nature of complaints received by the agency from
small entities concerning the rule.
``(3) Comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy.
``(4) The complexity of the rule.
``(5) The extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of the
agency determines it to be infeasible, State and local rules.
``(6) The length of time since the rule has been evaluated
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule.
``(e) The agency shall publish in the Federal Register and on its
website a list of rules to be reviewed pursuant to such plan. Such
publication shall include a brief description of the rule, the reason
why the agency determined that it has a significant economic impact on
a substantial number of small entities (without regard to whether it
had prepared a final regulatory flexibility analysis for the rule), and
request comments from the public, the Chief Counsel for Advocacy, and
the Regulatory Enforcement Ombudsman concerning the enforcement of the
rule.''.
SEC. 6. CHANGES TO THE REGULATORY FLEXIBILITY ACT TO COMPORT WITH
EXECUTIVE ORDER 13272.
(a) Initial Regulatory Flexibility Analysis.--Section 603 of title
5, United States Code, is amended by adding at the end the following:
``(d) An agency shall notify the Chief Counsel for Advocacy of the
Small Business Administration of any draft rules that may have a
significant economic impact on a substantial number of small entities
either--
``(1) when the agency submits a draft rule to the Office of
Information and Regulatory Affairs at the Office of Management
and Budget, if submission is required; or
``(2) if no submission to the Office of Information and
Regulatory Affairs is so required, at a reasonable time prior
to publication of the rule by the agency.''.
(b) Final Regulatory Flexibility Analysis.--
(1) Inclusion of response to comments on certification of
proposed rule.--Paragraph (2) of section 604(a) of title 5,
United States Code, is amended by inserting after ``initial
regulatory flexibility analysis'' the following: ``(or
certification of the proposed rule under section 605(b))''.
(2) Inclusion of response to comments filed by chief
counsel for advocacy.--Subsection (a) of section 604 of title
5, United States Code, is amended by redesignating paragraphs
(3) through (5) as (4) through (6), respectively, and by
inserting after paragraph (2) the following:
``(3) the agency's response to any comments filed by the
Chief Counsel for Advocacy of the Small Business Administration
in response to the proposed rule, and a detailed statement of
any changes made to the proposed rule in the final rule as a
result of such comments;''. | Small Business Regulatory Improvement Act - Revises the Regulatory Flexibility Act. Defines the "economic impact" of a rule to include any direct or indirect economic effects on small entities.
Requires initial regulatory flexibility analyses of a proposed rule to contain a detailed statement describing the type of small entities to which the proposed rule will apply.
Revises provisions requiring the publication by each agency of a plan for the periodic review of its rules that have a significant impact on a substantial number of small entities to determine whether they should be continued, changed, or rescinded, including to: (1) limit to two years the amount of time the period for reviewing an agency's regulations may be extended; and (2) require each agency to report annually on review results to Congress and to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB).
Requires an agency to notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either: (1) when the agency submits a draft rule to the such Office, if submission is required; or (2) if no submission to the Office is so required, at a reasonable time before publication of the rule by the agency.
Requires that final regulatory flexibility analyses include the agency's response to any comments filed on a rule by the Chief Counsel and a detailed statement of any changes made as a result. | {"src": "billsum_train", "title": "To amend chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), to ensure complete analysis of potential impacts on small entities of rules, and for other purposes."} | 2,240 | 324 | 0.548378 | 1.671661 | 0.768631 | 4.784722 | 7.690972 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Morris K. Udall Parkinson's Research
Act of 1997''.
SEC. 2. FINDING AND PURPOSE.
(a) Finding.--Congress finds that to take full advantage of the
tremendous potential for finding a cure or effective treatment, the
Federal investment in Parkinson's must be expanded, as well as the
coordination strengthened among the National Institutes of Health
research institutes.
(b) Purpose.--It is the purpose of this Act to provide for the
expansion and coordination of research regarding Parkinson's, and to
improve care and assistance for afflicted individuals and their family
caregivers.
SEC. 3. PARKINSON'S RESEARCH.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:
``parkinson's disease
``Sec. 409B. (a) In General.--The Director of NIH shall establish a
program for the conduct and support of research and training with
respect to Parkinson's disease (subject to the extent of amounts
appropriated under subsection (e)).
``(b) Inter-Institute Coordination.--
``(1) In general.--The Director of NIH shall provide for
the coordination of the program established under subsection
(a) among all of the national research institutes conducting
Parkinson's research.
``(2) Conference.--Coordination under paragraph (1) shall
include the convening of a research planning conference not
less frequently than once every 2 years. Each such conference
shall prepare and submit to the Committee on Appropriations and
the Committee on Labor and Human Resources of the Senate and
the Committee on Appropriations and the Committee on Commerce
of the House of Representatives a report concerning the
conference.
``(c) Morris K. Udall Research Centers.--
``(1) In general.--The Director of NIH shall award Core
Center Grants to encourage the development of innovative
multidisciplinary research and provide training concerning
Parkinson's. The Director shall award not more than 10 Core
Center Grants and designate each center funded under such
grants as a Morris K. Udall Center for Research on Parkinson's
Disease.
``(2) Requirements.--
``(A) In general.--With respect to Parkinson's,
each center assisted under this subsection shall--
``(i) use the facilities of a single
institution or a consortium of cooperating
institutions, and meet such qualifications
as may be prescribed by the Director of the NIH; and
``(ii) conduct basic and clinical research.
``(B) Discretionary requirements.--With respect to
Parkinson's, each center assisted under this subsection
may--
``(i) conduct training programs for
scientists and health professionals;
``(ii) conduct programs to provide
information and continuing education to health
professionals;
``(iii) conduct programs for the
dissemination of information to the public;
``(iv) separately or in collaboration with
other centers, establish a nationwide data
system derived from patient populations with
Parkinson's, and where possible, comparing
relevant data involving general populations;
``(v) separately or in collaboration with
other centers, establish a Parkinson's Disease
Information Clearinghouse to facilitate and
enhance knowledge and understanding of
Parkinson's disease; and
``(vi) separately or in collaboration with
other centers, establish a national education
program that fosters a national focus on
Parkinson's and the care of those with
Parkinson's.
``(3) Stipends regarding training programs.--A center may
use funds provided under paragraph (1) to provide stipends for
scientists and health professionals enrolled in training
programs under paragraph (2)(B).
``(4) Duration of support.--Support of a center under this
subsection may be for a period not exceeding five years. Such
period may be extended by the Director of NIH for one or more
additional periods of not more than five years if the
operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the
Director and if such group has recommended to the Director that
such period should be extended.
``(d) Morris K. Udall Awards for Excellence in Parkinson's Disease
Research.--The Director of NIH shall establish a grant program to
support investigators with a proven record of excellence and innovation
in Parkinson's research and who demonstrate potential for significant
future breakthroughs in the understanding of the pathogensis,
diagnosis, and treatment of Parkinson's. Grants under this subsection
shall be available for a period of not to exceed 5 years.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $100,000,000
for fiscal year 1998, and such sums as may be necessary for each of the
fiscal years 1999 and 2000.''. | Morris K. Udall Parkinson's Research Act of 1997 - Amends the Public Health Service Act to mandate a program for the conduct and support of research and training regarding Parkinson's disease. Directs the Director of the National Institutes of Health to provide for coordination of the program among all the national research institutes conducting Parkinson's research. Requires coordination to include the convening of a research planning conference at least once every two years. Provides for each such conference to prepare and submit to certain congressional committees a report concerning the conference. Requires Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning Parkinson's, designating each grant recipient as a Morris K. Udall Center for Research on Parkinson's Disease. Establishes a grant program to support investigators with a proven record of excellence and innovation in Parkinson's research and who demonstrate potential for significant breakthroughs in the understanding of the pathogenesis, diagnosis, and treatment of Parkinson's. Limits the availability of grants for a period not to exceed five years. Authorizes appropriations. | {"src": "billsum_train", "title": "Morris K. Udall Parkinson's Research Act of 1997"} | 1,101 | 242 | 0.738511 | 2.200019 | 0.968459 | 4.924623 | 4.944724 | 0.874372 |
SECTION 1. GROW YOUR OWN TEACHER PROGRAM.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended by adding at the end the following:
``PART E--GROW YOUR OWN TEACHER PROGRAM
``SEC. 2501. GROW YOUR OWN TEACHER PROGRAM.
``(a) In General.--From amounts made available to carry out this
part, the Secretary shall carry out a program to make grants, on a
competitive basis, to eligible entities, to be used by such entities to
train and employ eligible individuals in hard-to-staff schools or hard-
to-staff teaching positions in accordance with subsection (c).
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
consortium consisting of--
``(A) a local educational agency that is eligible
to receive funds under part A of title I; and
``(B) an institution of higher education that
offers a program, accredited by the State, for
preparing individuals to fulfill all the requirements
for receiving a teaching certificate in the State of
the local educational agency described in subparagraph
(A).
``(2) Eligible individual.--The term `eligible individual'
means an individual--
``(A) who--
``(i) received a high school diploma from a
local educational agency described in paragraph
(1)(A); and
``(ii) is enrolled in a program to receive
a teaching certificate in the State of the
local educational agency at an institution of
higher education described in paragraph (1)(B);
and
``(B) is--
``(i) a high school graduate who graduated
not more than 5 years ago;
``(ii) a parent of a current or former
student of the local educational agency who has
a history of working to improve the local
educational agency; or
``(iii) an education support professional
in the local educational agency who works with
students in an instructional role.
``(3) Veteran teacher.--The term `veteran teacher' means a
teacher who has taught in the local educational agency
described in paragraph (1)(A) for a period of least 15 years.
``(c) Use of Funds.--
``(1) In general.--An eligible entity receiving a grant
under this section shall use such grant funds to--
``(A) conduct a training program for eligible
individuals to be teachers, which shall include
requiring such individuals to observe and work with a
veteran teacher in a classroom for at least one year;
``(B) employ such individuals in hard-to-staff
schools and hard-to-staff teaching positions in the
local educational agency of the eligible entity, with
priority given to teaching positions in mathematics,
science, special education, world languages, and
English as a second language; and
``(C) employ such individuals in a manner that
reduces the divergence between the racial diversity of
teachers and of students.
``(2) Other authorized activities.--An eligible entity
receiving a grant under this section may use any grant funds
that remain after carrying out paragraph (1) for the following
activities:
``(A) Helping an eligible individual trained under
this section to cover the costs of childcare and other
indirect expenses that are reasonably required by the
individual to participate in the training program.
``(B) Recruiting and counseling eligible
individuals, and individuals who are likely to become
eligible individuals in the near future (such as
students soon to receive a high school diploma from a
local educational agency described in subsection
(b)(1)(A)), to participate in the training program.
``(C) Providing space in the community of the
eligible entity to carry out the activities described
in subparagraph (B).
``(D) Offering the training program under this
section in community settings and to provide tutoring
services to supplement the training.
``(E) Carrying out any other activities consistent
with the purposes of this section, as determined by the
Secretary.
``(d) Student Loan Forgiveness.--
``(1) In general.--From the amounts made available to carry
out this part, the Secretary is authorized to forgive the
student loans incurred by an eligible individual who has
completed the training program under this section and has been
employed as a teacher in a hard-to-staff school or hard-to-
staff teaching position, in an amount not to exceed the total
amount of students loans incurred by the individual for
participating in the program.
``(2) Amount of loan forgiveness.--The Secretary may
forgive--
``(A) in the case of an eligible individual who has
been employed in a hard-to-staff school or hard-to-
staff teaching position for at least 5 years, the total
amount of the student loans incurred by the student for
participating in the training program under this
section; or
``(B) in the case of an eligible individual who has
been employed in a hard-to-staff school or hard-to-
staff teaching position for less than 5 years, an
amount that is less than the total amount of the
student loans incurred by the student for participating
in the training program under this section.
``(3) Student loans.--The term `student loans' means any
loans awarded to an eligible individual under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(e) Regulations.--The Secretary is authorized to promulgate any
regulations necessary to carry out this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies, and
procedures afforded school or local educational agency employees under
Federal, State, or local laws (including applicable regulations or
court orders) or under the terms of collective bargaining agreements,
memoranda of understanding, or other agreements between such employees
and their employers.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''. | Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to establish a Grow Your Own Teacher program making competitive grants to eligible entities to train and employ certain individuals in hard-to-staff schools or teaching positions.
Defines an "eligible entity" as a consortium consisting of a local educational agency (LEA) that receives school improvement funds under part A of title I of the Act and an institution of higher education that offers a state-accredited teacher certificate program.
Requires the grant to be used to: (1) train certain individuals who received a high school diploma from the LEA participating in the consortium to be teachers, including by having them observe and work with a veteran teacher in a classroom for at least a year; (2) employ such individuals in hard-to-staff schools and teaching positions in such LEA, with priority given to teaching positions in mathematics, science, special education, world languages, and English as a second language; and (3) employ such individuals in a manner that reduces the divergence between the racial diversity of teachers and of students.
Authorizes the Secretary to forgive the student loans incurred by training program participants who have been employed as teachers in hard-to-staff schools or teaching positions. | {"src": "billsum_train", "title": "To amend title II of the Elementary and Secondary Education Act of 1965 to establish a Federal \"Grow Your Own Teacher\" program, and for other purposes."} | 1,358 | 273 | 0.640364 | 1.823896 | 0.920488 | 4.414634 | 5.219512 | 0.918699 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Energy Emergency
Consumer Protection Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Unfair or deceptive acts or practices in commerce related to
gasoline and petroleum distillates.
Sec. 3. Declaration of energy emergency.
Sec. 4. Enforcement.
Sec. 5. Enforcement by State attorneys general.
Sec. 6. Penalties.
Sec. 7. Effect on other laws.
Sec. 8. Market transparency for crude oil, gasoline, and petroleum
distillates.
Sec. 9. Report on United States energy emergency preparedness.
Sec. 10. Alternative fuels investment by major oil companies and
automobile manufacturers.
Sec. 11. Protective action to prevent future disruptions of supply.
Sec. 12. Authorization of appropriations.
SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN COMMERCE RELATED TO
GASOLINE AND PETROLEUM DISTILLATES.
(a) Sales to Consumers at Unconscionable Price.--
(1) In general.--During any energy emergency declared by
the President under section 3, it is unlawful for any person to
sell crude oil, gasoline, or petroleum distillates in, or for
use in, the area to which that declaration applies at a price
that--
(A) is unconscionably excessive; or
(B) indicates the seller is taking unfair advantage
of the circumstances to increase prices unreasonably.
(2) Factors considered.--In determining whether a violation
of paragraph (1) has occured, there shall be taken into
account, among other factors, whether--
(A) the amount charged represents a gross disparity
between the price of the crude oil, gasoline, or
petroleum distillate sold and the price at which it was
offered for sale in the usual course of the seller's
business immediately prior to the energy emergency; or
(B) the amount charged grossly exceeds the price at
which the same or similar crude oil, gasoline, or
petroleum distillate was readily obtainable by other
purchasers in the area to which the declaration
applies.
(3) Mitigating factors.--In determining whether a violation
of paragraph (1) has occurred, there also shall be taken into
account, among other factors, the price that would reasonably
equate supply and demand in a competitive and freely
functioning market and whether the price at which the crude
oil, gasoline, or petroleum distillate was sold reasonably
reflects additional costs, not within the control of the
seller, that were paid or incurred by the seller.
(b) False Pricing Information.--It is unlawful for any person to
report information related to the wholesale price of crude oil,
gasoline, or petroleum distillates to the Federal Trade Commission if--
(1) that person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to
affect data compiled by that department or agency for
statistical or analytical purposes with respect to the market
for crude oil, gasoline, or petroleum distillates.
(c) Market Manipulation.--It is unlawful for any person, directly
or indirectly, to use or employ, in connection with the purchase or
sale of crude oil, gasoline, or petroleum distillates at wholesale, any
manipulative or deceptive device or contrivance, in contravention of
such rules and regulations as the Commission may prescribe as necessary
or appropriate in the public interest or for the protection of United
States citizens.
SEC. 3. DECLARATION OF ENERGY EMERGENCY.
(a) In General.--If the President finds that the health, safety,
welfare, or economic well-being of the citizens of the United States is
at risk because of a shortage or imminent shortage of adequate supplies
of crude oil, gasoline, or petroleum distillates due to a disruption in
the national distribution system for crude oil, gasoline, or petroleum
distillates (including such a shortage related to a major disaster (as
defined in section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122))), or significant pricing
anomalies in national energy markets for crude oil, gasoline, or
petroleum distillates, the President may declare that a Federal energy
emergency exists.
(b) Scope and Duration.--The declaration shall apply to the Nation,
a geographical region, or 1 or more States, as determined by the
President, but may not be in effect for a period of more than 45 days.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 45 days; and
(2) extend such a declaration more than once.
SEC. 4. ENFORCEMENT UNDER FEDERAL TRADE COMMISSION ACT.
(a) Enforcement by Commission.--This Act shall be enforced by the
Federal Trade Commission. In enforcing section 2(a) of this Act, the
Commission shall give priority to enforcement actions concerning
companies with total United States wholesale or retail sales of crude
oil, gasoline, and petroleum distillates in excess of $500,000,000 per
year but shall not exclude enforcement actions against companies with
total United States wholesale sales of $500,000,000 or less per year.
(b) Violation Is Unfair or Deceptive Act or Practice.--The
violation of any provision of this Act shall be treated as an unfair or
deceptive act or practice proscribed under a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of section 2(a) of this
Act, or to impose the civil penalties authorized by section 6 for
violations of section 2(a), whenever the attorney general of the State
has reason to believe that the interests of the residents of the State
have been or are being threatened or adversely affected by a person
engaged in retail sales of gasoline or petroleum distillates to
consumers for purposes other than resale that violates this Act or a
regulation under this Act.
(b) Notice.--The State shall serve written notice to the Commission
of any civil action under subsection (a) prior to initiating such civil
action. The notice shall include a copy of the complaint to be filed to
initiate such civil action, except that if it is not feasible for the
State to provide such prior notice, the State shall provide such notice
immediately upon instituting such civil action.
(c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), the Commission may intervene in such civil action and
upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought under
subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) where the defendant in the civil action is
found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is Pending.--If
the Commission has instituted a civil action or an administrative
action for violation of this Act, no State attorney general, or
official or agency of a State, may bring an action under this
subsection during the pendency of that action against any defendant
named in the complaint of the Commission or the other agency for any
violation of this Act alleged in the complaint.
(f) Enforcement of State Law.--Nothing contained in this section
shall prohibit an authorized State official from proceeding in State
court to enforce a civil or criminal statute of such State.
SEC. 6. PENALTIES.
(a) Civil Penalty.--
(1) In general.--In addition to any penalty applicable
under the Federal Trade Commission Act--
(A) any person who violates section 2(b) or 2(c) of
this Act is punishable by a civil penalty of not more
than $1,000,000; and
(B) any person who violates section 2(a) of this
Act is punishable by a civil penalty of not more than
$3,000,000.
(2) Method of assessment.--The penalties provided by
paragraph (1) shall be assessed in the same manner as civil
penalties imposed under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the Commission shall take into consideration
the seriousness of the violation and the efforts of the
person committing the violation to remedy the harm
caused by the violation in a timely manner.
(b) Criminal Penalty.--Violation of section 2(a) of this Act is
punishable by a fine of not more than $1,000,000, imprisonment for not
more than 5 years, or both.
SEC. 7. EFFECT ON OTHER LAWS.
(a) Other Authority of Commission.--Nothing in this Act shall be
construed to limit or affect in any way the Commission's authority to
bring enforcement actions or take any other measure under the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of
law.
(b) State Law.--Nothing in this Act preempts any State law.
SEC. 8. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM
DISTILLATES.
(a) In General.--The Federal Trade Commission shall facilitate
price transparency in markets for the sale of crude oil and essential
petroleum products at wholesale, having due regard for the public
interest, the integrity of those markets, fair competition, and the
protection of consumers.
(b) Marketplace Transparency.--
(1) Dissemination of information.--In carrying out this
section the Commission shall provide by rule for the
dissemination, on a timely basis, of information about the
availability and prices of wholesale crude oil, gasoline, and
petroleum distillates to the Commission, States, wholesale
buyers and sellers, and the public.
(2) Protection of public from anticompetitive activity.--In
determining the information to be made available under this
section and time to make the information available, the
Commission shall seek to ensure that consumers and competitive
markets are protected from the adverse effects of potential
collusion or other anticompetitive behaviors that can be
facilitated by untimely public disclosure of transaction-
specific information.
(3) Protection of market mechanisms.--The Commission shall
withhold from public disclosure under this section any
information the Commission determines would, if disclosed, be
detrimental to the operation of an effective market or
jeopardize security.
(c) Information Sources.--
(1) In general.--In carrying out subsection (b), the
Commission may--
(A) obtain information from any market participant;
and
(B) rely on entities other than the Commission to
receive and make public the information, subject to the
disclosure rules in subsection (b)(3).
(2) Published data.--In carrying out this section, the
Commission shall consider the degree of price transparency
provided by existing price publishers and providers of trade
processing services, and shall rely on such publishers and
services to the maximum extent possible.
(3) Electronic information systems.--The Commission may
establish an electronic information system if it determines
that existing price publications are not adequately providing
price discovery or market transparency. Nothing in this
section, however, shall affect any electronic information
filing requirements in effect under this Act as of the date of
enactment of this section.
(4) De minimus exception.--The Commission may not require
entities who have a de minimus market presence to comply with
the reporting requirements of this section.
(d) Cooperation With Other Federal Agencies.--
(1) Memorandum of understanding.--Within 180 days after the
date of enactment of this Act, the Commission shall conclude a
memorandum of understanding with the Commodity Futures Trading
Commission and other appropriate agencies (if applicable)
relating to information sharing, which shall include
provisions--
(A) ensuring that information requests to markets
within the respective jurisdiction of each agency are
properly coordinated to minimize duplicative
information requests; and
(B) regarding the treatment of proprietary trading
information.
(2) CFTC jurisdiction.--Nothing in this section may be
construed to limit or affect the exclusive jurisdiction of the
Commodity Futures Trading Commission under the Commodity
Exchange Act (7 U.S.C. 1 et seq.).
(e) Rulemaking.--Within 180 days after the date of enactment of
this Act, the Commission shall initiate a rulemaking proceeding to
establish such rules as the Commission determines to be necessary and
appropriate to carry out this section.
SEC. 9. REPORT ON UNITED STATES ENERGY EMERGENCY PREPAREDNESS.
(a) Potential Impacts Report.--Within 30 days after the date of
enactment of this Act, the Federal Trade Commission shall transmit to
the Congress a report describing the potential impact on domestic
prices of crude oil, residual fuel oil, and refined petroleum products
that would result from the disruption for periods of 1 week, 1 year,
and 5 years, respectively, of not less than--
(1) 30 percent of United States oil production;
(2) 20 percent of United States refining capacity; and
(3) 5 percent of global oil supplies.
(b) Projections and Possible Remedies.--The President shall include
in the report--
(1) projections of the impact any such disruptions would be
likely to have on the United States economy; and
(2) detailed and prioritized recommendations for remedies
under each scenario covered by the report.
SEC. 10. ALTERNATIVE FUELS INVESTMENT BY MAJOR OIL COMPANIES AND
AUTOMOBILE MANUFACTURERS.
The Comptroller General shall conduct an investigation within 1
year after the date of enactment of this Act and every 4 years
thereafter of the extent to which companies with total United States
wholesale or retail sales of crude oil, gasoline, and petroleum
distillates in excess of $500,000,000 per year and automobile
manufacturers have invested in alternative fuels production,
infrastructure, and technology development to diversify the motor
vehicle fuel and vehicle options available to consumers in the United
States. At the conclusion of each such investigation, the Comptroller
General shall transmit a report containing the findings and conclusions
to the Congress.
SEC. 11. PROTECTIVE ACTION TO PREVENT FUTURE DISRUPTIONS OF SUPPLY.
The National Academy of Sciences shall review expenditures by, and
activities undertaken by, companies with total United States wholesale
or retail sales of crude oil, gasoline, and petroleum distillates in
excess of $500,000,000 per year to protect the energy supply system
from terrorist attacks, international supply disruptions, and natural
disasters, and ensure a stable and reasonably priced supply of such
products to consumers in the United States, that includes an assessment
of the companies' preparations for the current forecasted period of
more frequent and, due to global warming, more intense hurricane
activity in the Gulf of Mexico and other vulnerable coastal areas.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Trade
Commission such sums as may be necessary to carry out the provisions of
this Act.
D23/ | Energy Emergency Consumer Protection Act of 2005 - States that during any presidentially-declared energy emergency it is unlawful to sell crude oil, gasoline, or petroleum distillates in, or for use in, the area involved at a price that: (1) is unconscionably excessive; or (2) indicates the seller is taking unfair advantage of the circumstances to increase prices unreasonably.
Makes it unlawful to: (1) report to the Federal Trade Commission (FTC) false or misleading data and information regarding the wholesale price of crude oil, gasoline, or petroleum distillates; or (2) use or employ, in connection with the purchase or sale of crude oil, gasoline, or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of FTC-prescribed rules and regulations.
Authorizes the President to declare a federal energy emergency if the health, safety, welfare, or economic well-being of American citizens is at risk because there exists either: (1) an actual or imminent shortage of adequate supplies of crude oil, gasoline, or petroleum distillates due to a disruption in the national distribution system; or (2) significant pricing anomalies in national energy markets for such products.
Empowers the FTC and state attorneys general to enforce this Act.
Prescribes maximum civil and criminal penalties for violations of this Act.
Instructs the FTC to: (1) facilitate price transparency in wholesale crude oil and petroleum product markets; and (2) conclude a memorandum of understanding with the Commodity Futures Trading Commission and other appropriate agencies relating to information sharing.
Instructs the Comptroller General to investigate periodically the extent to which major oil companies and automobile manufacturers have invested in alternative fuels production, infrastructure, and technology development.
Directs the National Academy of Sciences to review expenditures and activities by major U.S. companies to protect the energy supply system from terrorist attacks, international supply disruptions, and natural disasters, and ensure a stable and reasonably priced supply of such products to consumers. | {"src": "billsum_train", "title": "A bill to improve the Federal Trade Commission's ability to protect consumers from price-gouging during energy emergencies, and for other purposes."} | 3,598 | 422 | 0.61803 | 2.109251 | 0.809985 | 5.349869 | 8.532637 | 0.942559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mathematics and Science Education
Partnership and Teacher Recruitment Act of 2001''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage States, institutions of
higher education, elementary schools, and secondary schools to
participate in programs that--
(1) upgrade the status and stature of math and science
teaching as a profession by encouraging institutions of higher
education to assume greater responsibility for improving math
and science teacher education through the establishment of a
comprehensive, integrated system of recruiting and advising
such teachers;
(2) focus on education of math and science teachers as a
career-long process that should continuously stimulate
teachers' intellectual growth and upgrade teachers' knowledge
and skills;
(3) bring together elementary school and secondary school
math and science teachers with scientists, mathematicians, and
engineers to increase teacher content knowledge and improve
teaching skills through the use of more sophisticated
laboratory space and equipment, computing facilities,
libraries, and other resources that colleges and universities
are more able to provide; and
(4) develop more rigorous mathematics and science curricula
that are aligned and intended to prepare students for
postsecondary study in mathematics and science.
SEC. 3. DEFINITIONS.
(a) Incorporation of General Definitions.--The provisions of
section 14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801) shall apply for purposes of this Act in the same manner as
they apply for purposes of the Elementary and Secondary Education Act
of 1965.
(b) Other Definitions.--In this Act:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that--
(A) shall include--
(i) a State educational agency;
(ii) a mathematics or science department of
an institution of higher education; and
(iii) a local educational agency; and
(B) may include--
(i) another institution of higher education
or the teacher training department of such
institution;
(ii) another local educational agency, or
an elementary school or secondary school;
(iii) a business; or
(iv) a nonprofit organization of
demonstrated effectiveness, including a museum.
(2) High need local educational agency.--The term ``high
need local educational agency'' has the meaning given the term
in section 201(b) of the Higher Education Act of 1965 (20
U.S.C. 1021(b)).
(3) Summer workshop or institute.--The term ``summer
workshop or institute'' means a workshop or institute conducted
outside of the academic year that--
(A) is conducted during a period of a minimum of 2
weeks;
(B) provides for direct interaction between
students and faculty; and
(C) provides for followup training in the classroom
during the academic year for a period of a minimum of 3
days, which shall not be required to be consecutive,
except that--
(i) if the program at the summer workshop
or institute is for a period of only 2 weeks,
the followup training shall be for a period of
more than 3 days; and
(ii) for teachers in rural school
districts, followup training through the
Internet may be used.
SEC. 4. GRANTS AUTHORIZED.
(a) In General.--The Secretary is authorized to award grants, on a
competitive basis, to eligible partnerships to enable the eligible
partnerships to pay the Federal share of the costs of carrying out the
authorized activities described in section 6.
(b) Duration.--The Secretary shall award grants under this section
for periods of 5 years.
(c) Federal Share.--
(1) In general.--The Federal share of the costs of the
activities assisted under this Act shall be--
(A) 75 percent of the costs for the first year an
eligible partnership receives a grant payment under
this Act;
(B) 65 percent of the costs for the second such
year; and
(C) 50 percent of the costs for each of the third,
fourth, and fifth such years.
(2) Non-federal share.--The non-Federal share of the costs
of activities assisted under this Act may be provided in cash
or in kind, fairly evaluated.
SEC. 5. APPLICATION.
(a) In General.--Each eligible partnership desiring a grant under
this Act shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary may
require.
(b) Contents.--Each such application shall include--
(1) an assessment of the teacher quality and professional
development needs of all the entities participating in the
eligible partnership with respect to the teaching and learning
of mathematics and science, including a statement as to whether
the eligible partnership includes a high need local educational
agency;
(2) a description of how the activities to be carried out
by the eligible partnership will be aligned with State and
local standards and with other educational reform activities
that promote student achievement in mathematics and science;
(3) a description of how the activities to be carried out
by the eligible partnership will be based on a review of
relevant research, and an explanation of why the activities are
expected to improve student performance and to strengthen the
quality of mathematics and science instruction; and
(4) a description of--
(A) how the eligible partnership will carry out the
authorized activities described in section 6; and
(B) the eligible partnership's evaluation and
accountability plan described in section 7.
(c) Priority.--The Secretary shall give priority to any application
submitted by an eligible partnership that includes a high need local
educational agency.
SEC. 6. AUTHORIZED ACTIVITIES.
An eligible partnership shall use the grant funds provided under
this Act for 1 or more of the following activities related to
elementary schools or secondary schools:
(1) Developing or redesigning more rigorous mathematics and
science curricula that are aligned and intended to foster
college placement and preparation for postsecondary study in
mathematics and science.
(2) Creating opportunities for enhanced and ongoing
professional development that improves the academic content
knowledge of mathematics and science teachers.
(3) Recruiting mathematics and science majors to the
teaching profession through the use of--
(A) signing bonuses and performance bonuses for
mathematics and science teachers;
(B) stipends for mathematics teachers and science
teachers for certification through alternative routes;
(C) scholarships for teachers to pursue advanced
course work in mathematics and science;
(D) scholarships for students with academic majors
in mathematics and science; and
(E) carrying out any other program that the State
believes to be effective in recruiting individuals with
strong mathematics or science backgrounds into the
teaching profession.
(4) Promoting strong teaching skills for mathematics and
science teachers and teacher educators, including integrating
reliable research-based teaching methods into the curriculum.
(5) Establishing mathematics and science summer workshops
or institutes and followup training for teachers, using
curricula that are experiment-oriented, content-based, and
grounded in current research.
(6) Establishing web-based instructional materials for
mathematics and science teachers using curricula that are,
experiment-oriented, content-based, and grounded in current
research.
(7) Designing programs to prepare a teacher to provide
professional development instruction to other teachers within
the participating teacher's school.
(8) Designing programs to bring teachers into contact with
working scientists, mathematicians, and engineers to increase
teachers' content knowledge and enhance teachers' instructional
techniques.
(9) Designing programs focusing on changing behaviors and
practices of teachers to assist novice teachers in developing
confidence in their skills to increase the likelihood that such
novice teachers will continue in the teaching profession, and
to generally improve the quality of teaching.
SEC. 7. EVALUATION AND ACCOUNTABILITY PLAN.
Each eligible partnership receiving a grant under this Act shall
develop an evaluation and accountability plan for activities assisted
under this Act that includes strong performance objectives. The plan
shall include objectives and measures for--
(1) improved student performance on State mathematics and
science assessments or on the Third International Math and
Science Study assessment;
(2) increased participation by students in advanced courses
in mathematics and science;
(3) increased percentages of secondary school classes in
mathematics and science taught by teachers with academic majors
in mathematics and science, respectively;
(4) increased numbers of mathematics and science teachers
who participate in content-based professional development
activities; and
(5) increased passing rates of students in advanced courses
in mathematics and science.
SEC. 8. REPORT; REVOCATION OF GRANT.
(a) Report.--Each eligible partnership receiving a grant under this
Act shall report annually to the Secretary regarding the eligible
partnership's progress in meeting the performance objectives described
in section 7.
(b) Revocation.--If the Secretary determines that an eligible
partnership is not making substantial progress in meeting the
performance objectives described in section 7 by the end of the third
year of a grant under this Act, then the grant payments shall not be
made for the fourth and fifth year of the grant.
SEC. 9. CONSULTATION WITH NATIONAL SCIENCE FOUNDATION.
In carrying out the activities authorized by this Act, the
Secretary shall consult and coordinate with the Director of the
National Science Foundation, particularly with respect to the
appropriate roles for the Department and the Foundation in the conduct
of summer workshops or institutes provided by the mathematics and
science partnerships to improve mathematics and science teaching in the
elementary schools and secondary schools.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$500,000,000 for fiscal year 2002 and such sums as may be necessary for
each of the 6 succeeding fiscal years. | Mathematics and Science Education Partnership and Teacher Recruitment Act of 2001 - Authorizes the Secretary of Education to make competitive grants to partnerships for specified activities relating to mathematics, science, and technology education and teacher recruitment and training for elementary and secondary schools.Requires each partnership to: (1) include a State educational agency, a mathematics or science department of an institution of higher education, and a local educational agency; and (2) develop an evaluation and accountability plan for the authorized activities.Directs the Secretary to coordinate program activities with the National Science Foundation (NSF), especially with respect to the appropriate roles of the Department of Education and NSF in the conduct of summer workshops or institutes provided by such partnerships. | {"src": "billsum_train", "title": "A bill to support educational partnerships, focusing on mathematics, science, and technology, between institutions of higher education and elementary schools and secondary schools, and for other purposes."} | 2,047 | 146 | 0.596837 | 1.608061 | 0.756231 | 3.176471 | 14.720588 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Marijuana Research Act of
2016''.
SEC. 2. PRODUCTION AND SUPPLY.
(a) In General.--The Secretary of Health and Human Services--
(1) until the date on which the Secretary determines that
manufacturers and distributors (other than the Federal
Government) can ensure a sufficient supply of marijuana for
qualified medical marijuana researchers, shall--
(A) continue to produce marijuana through the
National Institute on Drug Abuse (NIDA) Drug Supply
Program; and
(B) offer for sale immature marijuana plants and
the seeds of marijuana--
(i) to all qualified medical marijuana
researchers who submit a request for such
plants or seeds to engage in research pursuant
to the section 303(f)(3) of the Controlled
Substances Act, as amended by section 3; and
(ii) in quantities sufficient to produce an
adequate supply of marijuana for such research;
and
(2) beyond the date specified in paragraph (1), may, at the
Secretary's discretion, continue to so produce and supply
marijuana.
(b) Requirement To Verify Registration.--Before supplying marijuana
to any person through the National Institute on Drug Abuse Drug Supply
Program, the Secretary of Health and Human Services shall--
(1) require the person to submit documentation
demonstrating that the person is a qualified medical marijuana
researcher seeking to conduct research pursuant to the section
303(f)(3) of the Controlled Substances Act, as amended by
section 3; and
(2) not later than 30 days after receipt of such
documentation, review such documentation and verify that the
marijuana will be used for such research.
(c) Guidelines on Production.--The Commissioner of Food and Drugs,
in consultation with the Director of the National Institute on Drug
Abuse, shall--
(1) not later than 180 days after the date of enactment of
this Act, issue guidelines on the production of marijuana by
qualified medical marijuana researchers pursuant to subsection
(a)(1)(B); and
(2) encourage researchers and manufacturers that are
authorized to produce or manufacture marijuana pursuant to
section 303 of the Controlled Substances Act (21 U.S.C. 823),
as amended by this Act, to comply with such guidelines to the
extent applicable.
(d) Definition.--In this section:
(1) The term ``immature marijuana plant'' means a marijuana
plant with no observable flowers or buds.
(2) The term ``qualified medical marijuana researcher''
means a researcher who is registered to conduct research with
marijuana under section 303(f)(3) of the Controlled Substances
Act, as amended by section 3.
SEC. 3. FACILITATING MARIJUANA RESEARCH.
(a) In General.--Section 303(f) of the Controlled Substances Act
(21 U.S.C. 823(f)) is amended--
(1) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(2) by striking ``(f) The Attorney General'' and inserting
``(f)(1) The Attorney General'';
(3) by striking ``Registration applications'' and inserting
the following:
``(2) Registration applications'';
(4) in paragraph (2), as so designated, by striking
``schedule I'' each place that term appears and inserting
``schedule I, except marijuana,'';
(5) by striking ``Article 7'' and inserting the following:
``(4) Article 7''; and
(6) by inserting before paragraph (4), as so designated,
the following:
``(3)(A) The Attorney General shall register a practitioner to
conduct research with marijuana if--
``(i) the applicant is authorized to dispense, or conduct
research with respect to, controlled substances in schedules
II, III, IV, and V under the laws of the State in which the
applicant practices;
``(ii) the applicant's research protocol--
``(I) has been reviewed and allowed by--
``(aa) the Secretary under section 505(i)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(i)); or
``(bb) the National Institutes of Health or
another Federal agency that funds scientific
research; or
``(II) in the case of nonhuman research that is not
federally funded, has been voluntarily submitted by the
applicant to, and approved by, the National Institutes
of Health; and
``(iii) the applicant has demonstrated that there are
effective procedures in place to adequately safeguard against
diversion of the marijuana from legitimate medical or
scientific use, in accordance with subparagraph (E).
``(B) The Attorney General shall grant an application for
registration under this paragraph unless the Attorney General
determines that the issuance of the registration would be inconsistent
with the public interest. In determining the public interest, the
following factors shall be considered:
``(i) The applicant's experience in dispensing, or
conducting research with respect to, controlled substances.
``(ii) The applicant's conviction record under Federal or
State laws relating to the manufacture, distribution, or
dispensing of controlled substances.
``(iii) Compliance with applicable State, Federal, or local
laws relating to controlled substances.
``(iv) Such other conduct by the applicant that may
threaten the public health and safety.
``(C) Not later than 90 days after the date of enactment of the
Medical Marijuana Research Act of 2016, for purposes of subparagraph
(A)(ii)(II), the National Institutes of Health shall establish a
process that--
``(i) allows a researcher to voluntarily submit the
research protocol of the researcher for review and approval;
and
``(ii) provides a researcher described in clause (i) with a
decision not less than 30 days after the date on which the
research protocol is submitted.
``(D)(i) Not later than 60 days after the date on which the
Attorney General receives a complete application for registration under
this paragraph, the Attorney General shall approve or deny the
application.
``(ii) For purposes of clause (i), an application shall be deemed
complete when the applicant has submitted documentation showing that
the requirements under subparagraph (A) are satisfied.
``(E)(i) A researcher registered under this paragraph shall store
marijuana to be used in research in a securely locked, substantially
constructed cabinet.
``(ii) Except as provided in clause (i), any security measures
required by the Attorney General for practitioners conducting research
with marijuana pursuant to a registration under this paragraph shall be
consistent with the security measures for practitioners conducting
research on other controlled substances in schedule II that have a
similar risk of diversion and abuse.
``(F)(i) If the Attorney General grants an application for
registration under this paragraph, the applicant may amend or
supplement the research protocol without reapplying if the applicant
does not--
``(I) change the type of drug, the source of the drug, or
the conditions under which the drug is stored, tracked, or
administered; or
``(II) otherwise increase the risk of diversion.
``(ii) If an applicant amends or supplements the research protocol
or initiates research on a new research protocol under clause (i), the
applicant shall, in order to renew the registration under this
paragraph, provide notice to the Attorney General of the amended or
supplemented research protocol or any new research protocol in the
applicant's renewal materials.
``(iii)(I) If an applicant amends or supplements a research
protocol and the amendment or supplement involves a change to the type
of drug, the source of the drug, or conditions under which the drug is
stored, tracked, or administered or otherwise increases the risk of
diversion, the applicant shall provide notice to the Attorney General
not later than 30 days before proceeding on such amended or
supplemental research or new research protocol, as the case may be.
``(II) If the Attorney General does not object during the 30-day
period following a notification under subclause (I), the applicant may
proceed with the amended or supplemental research or new research
protocol.
``(iv) The Attorney General may object to an amended or
supplemental protocol or a new research protocol under clause (i) or
(iii) only if additional security measures are needed to safeguard
against diversion or abuse.
``(G) If marijuana or a compound of marijuana is listed on a
schedule other than schedule I, the provisions of paragraphs (1), (2),
and (4) that apply to research with a controlled substance in the
applicable schedule shall apply to research with marijuana or that
compound, as applicable, in lieu of the provisions of subparagraphs (A)
through (G) of this paragraph.''.
(b) Conforming Amendment.--Section 102(16) of the Controlled
Substances Act (21 U.S.C. 802(16)) is amended by inserting ``or
`marijuana''' after ``The term `marihuana'''.
SEC. 4. MANUFACTURE AND DISTRIBUTION OF MARIJUANA FOR USE IN
LEGITIMATE, MEDICAL RESEARCH.
Section 303 of the Controlled Substances Act (21 U.S.C. 823), as
amended by section 3, is further amended by adding at the end the
following:
``(k) Registration of Persons To Manufacture and Distribute
Marijuana for Use in Legitimate, Medical Research.--
``(1) Registration of manufacturers.--Beginning not later
than the day that is 1 year after the date of enactment of the
Medical Marijuana Research Act of 2016, the Attorney General
shall register an applicant to manufacture marijuana to the
extent the marijuana will be used exclusively by qualified
medical marijuana researchers for research pursuant to
subsection (f)(3), unless the Attorney General determines that
the issuance of such registration is inconsistent with the
public interest. In determining the public interest, the
Attorney General shall--
``(A) take into consideration--
``(i) maintenance of effective controls
against diversion of marijuana and any
controlled substance compounded therefrom into
other than legitimate medical, scientific, or
research channels;
``(ii) compliance with applicable State and
local law; and
``(iii) prior conviction record of the
applicant under Federal or State laws relating
to the manufacture, distribution, or dispensing
of such substances; and
``(B) not take into consideration any factors other
than the factors listed in subparagraph (A).
``(2) Registration of distributors.--Beginning not later
than the day that is 1 year after the date of enactment of the
Medical Marijuana Research Act of 2016, the Attorney General
shall register an applicant to distribute marijuana that is
intended to be used exclusively by qualified medical marijuana
researchers for research pursuant to subsection (f)(3), unless
the Attorney General determines that the issuance of such
registration is inconsistent with the public interest. In
determining the public interest, the Attorney General shall--
``(A) take into consideration--
``(i) maintenance of effective controls
against diversion of marijuana and any
controlled substance compounded therefrom into
other than legitimate medical, scientific, or
research channels;
``(ii) compliance with applicable State and
local law;
``(iii) prior conviction record of the
applicant under Federal or State laws relating
to the manufacture, distribution, or dispensing
of such substances; and
``(iv) past experience in the distribution
of controlled substances, and the existence in
the establishment of effective controls against
diversion; and
``(B) not take into consideration any factors other
than the factors listed in subparagraph (A).
``(3) No limit on number of manufacturers and
distributors.--Notwithstanding any other provision of law, the
Attorney General shall not impose or implement any limit on the
number of persons eligible to be registered to manufacture or
distribute marijuana pursuant to paragraph (1) or (2).
``(4) Requirement to verify use for legitimate, medical
research.--As a condition on registration under this section to
manufacture or distribute marijuana, the Attorney General shall
require the registrant--
``(A) to require any person to whom the marijuana
will be supplied to submit documentation demonstrating
that the marijuana will be used exclusively by
qualified medical marijuana researchers for research
pursuant to subsection (f)(3); and
``(B) not later than 30 days after receipt of such
documentation, and before supplying the marijuana to
such person, to review such documentation and verify
that the marijuana will be so used.
``(5) Timing.--Not later than 30 days after receipt of a
request for registration under this subsection to manufacture
or distribute marijuana, the Attorney General shall--
``(A) grant or deny the request; and
``(B) in the case of a denial, provide a written
explanation of the basis for the denial.
``(6) Definition.--For purposes of this subsection, the
term `qualified medical marijuana researcher' means a
researcher who is registered to conduct research with marijuana
under subsection (f)(3).''.
SEC. 5. TERMINATION OF INTERDISCIPLINARY REVIEW PROCESS FOR NON-NIH-
FUNDED RESEARCHERS.
The Secretary of Health and Human Services may not--
(1) reinstate the Public Health Service interdisciplinary
review process described in the guidance entitled ``Guidance on
Procedures for the Provision of Marijuana for Medical
Research'' (issued on May 21, 1999); or
(2) create an additional review of scientific protocols
that is only conducted for research on marijuana other than the
review of research protocols performed at the request of a
researcher conducting nonhuman research that is not federally
funded, in accordance with section 303(f)(3)(A)(ii)(II) of the
Controlled Substances Act (21 U.S.C. 823(f)(3)(A)(ii)(II)), as
amended by section 3.
SEC. 6. CONSIDERATION OF RESULTS OF RESEARCH.
Immediately upon the approval by the Food and Drug Administration
of an application for a marijuana-based drug under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), and (irrespective
of whether any such approval is granted) not later than the date that
is 5 years after the date of enactment of this Act, the Secretary of
Health and Human Services shall--
(1) conduct a review of existing medical and other research
with respect to marijuana;
(2) submit a report to the Congress on the results of such
review; and
(3) include in such report whether, taking into
consideration the factors listed in section 201(c) of the
Controlled Substances Act (21 U.S.C. 811(c)), as well as any
potential for medical benefits, any gaps in research, and any
impacts of Federal restrictions and policy on research,
marijuana should be transferred to a schedule other than
schedule I (if marijuana has not been so transferred already).
SEC. 7. NO PRODUCTION QUOTAS FOR MARIJUANA GROWN FOR LEGITIMATE,
MEDICAL RESEARCH.
Section 306 of the Controlled Substances Act (21 U.S.C. 826) is
amended by adding at the end the following:
``(i) The Attorney General may only establish a quota for
production of marijuana that is manufactured and distributed in
accordance with the Medical Marijuana Research Act of 2016 that meets
the changing medical, scientific, and industrial needs for
marijuana.''.
SEC. 8. ARTICLE 28 OF THE SINGLE CONVENTION ON NARCOTIC DRUGS.
Article 28 of the Single Convention on Narcotic Drugs shall not be
construed to prohibit, or impose additional restrictions upon, research
involving marijuana, or the manufacture, distribution, or dispensing of
marijuana, that is conducted in accordance with the Controlled
Substances Act (21 U.S.C. 801 et seq.), this Act, and the amendments
made by this Act.
SEC. 9. NO INTERFERENCE BY DEPARTMENT OF JUSTICE.
The Attorney General of the United States, and any officer or
employee of the Department of Justice, shall not interfere with the
production, distribution, and sale of marijuana in accordance with this
Act and the amendments made by this Act.
SEC. 10. DEFINITION.
In this Act, the term ``marijuana'' has the meaning given to that
term in section 102 of the Controlled Substances Act (21 U.S.C. 802). | Medical Marijuana Research Act of 2016 This bill amends the Controlled Substances Act to: modify requirements regarding the production of marijuana through the National Institute on Drug Abuse Drug Supply Program; establish, with respect to marijuana research, a new federal registration process that is separate from the process for research involving other schedule I drugs; establish a process for registering persons to manufacture or distribute marijuana for medical research purposes; and modify other requirements related to marijuana research and production. | {"src": "billsum_train", "title": "Medical Marijuana Research Act of 2016"} | 3,701 | 111 | 0.533059 | 1.333386 | 0.96014 | 2.738636 | 38.329545 | 0.852273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GI Education Opportunity Act of
1999''.
SEC. 2. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED FORCES IN
MONTGOMERY GI BILL PROGRAM.
(a) Participation Authorized.--(1) Subchapter II of chapter 30 of
title 38, United States Code, is amended by inserting after section
3018C the following new section:
``Sec. 3018D. Opportunity to enroll: certain VEAP participants; active
duty personnel not previously enrolled
``(a) Notwithstanding any other provision of law, an individual
who--
``(1) either--
``(A) is a participant on the date of the enactment
of this section in the educational benefits program
provided by chapter 32 of this title; or
``(B) has made an election under section 3011(c)(1)
or 3012(d)(1) of this title not to receive educational
assistance under this chapter and has not withdrawn
that election under section 3018(a) of this title as of
such date;
``(2) is serving on active duty (excluding periods referred
to in section 3202(1)(C) of this title in the case of an
individual described in paragraph (1)(A)) on such date;
``(3) before applying for benefits under this section, has
completed the requirements of a secondary school diploma (or
equivalency certificate) or has successfully completed the
equivalent of 12 semester hours in a program of education
leading to a standard college degree;
``(4) if discharged or released from active duty after the
date on which the individual makes the election described in
paragraph (5), is discharged with an honorable discharge or
released with service characterized as honorable by the
Secretary concerned; and
``(5) during the one-year period beginning on the date of
the enactment of this section, makes an irrevocable election to
receive benefits under this section in lieu of benefits under
chapter 32 of this title or withdraws the election made under
section 3011(c)(1) or 3012(d)(1) of this title, as the case may
be, pursuant to procedures which the Secretary of each military
department shall provide in accordance with regulations
prescribed by the Secretary of Defense for the purpose of
carrying out this section or which the Secretary of
Transportation shall provide for such purpose with respect to
the Coast Guard when it is not operating as a service in the
Navy;
is entitled to basic educational assistance under this chapter.
``(b)(1) Except as provided in paragraphs (2) and (3), in the case
of an individual who makes an election under subsection (a)(5) to
become entitled to basic education assistance under this chapter--
``(A) the basic pay of the individual shall be reduced (in
a manner determined by the Secretary of Defense) until the
total amount by which such basic pay is reduced is $1,200; or
``(B) to the extent that basic pay is not so reduced before
the individual's discharge or release from active duty as
specified in subsection (a)(4), the Secretary shall collect
from the individual an amount equal to the difference between
$1,200 and the total amount of reductions under subparagraph
(A), which shall be paid into the Treasury of the United States
as miscellaneous receipts.
``(2) In the case of an individual previously enrolled in the
educational benefits program provided by chapter 32 of this title, the
Secretary shall reduce the total amount of the reduction in basic pay
otherwise required by paragraph (1) by an amount equal to so much of
the unused contributions made by the individual to the Post-Vietnam Era
Veterans Education Account under section 3222(a) of this title as do
not exceed $1,200.
``(3) An individual may at any time pay the Secretary an amount
equal to the difference between the total of the reductions otherwise
required with respect to the individual under this subsection and the
total amount of the reductions with respect to the individual under
this subsection at the time of the payment. Amounts paid under this
paragraph shall be paid into the Treasury of the United States as
miscellaneous receipts.
``(c)(1) Except as provided in paragraph (3), an individual who is
enrolled in the educational benefits program provided by chapter 32 of
this title and who makes the election described in subsection (a)(5)
shall be disenrolled from the program as of the date of such election.
``(2) For each individual who is disenrolled from such program, the
Secretary shall refund--
``(A) to the individual in the manner provided in section
3223(b) of this title so much of the unused contributions made
by the individual to the Post-Vietnam Era Veterans Education
Account as are not used to reduce the amount of the reduction
in the individual's basic pay under subsection (b)(2); and
``(B) to the Secretary of Defense the unused contributions
(other than contributions made under section 3222(c) of this
title) made by such Secretary to the Account on behalf of such
individual.
``(3) Any contribution made by the Secretary of Defense to the
Post-Vietnam Era Veterans Education Account pursuant to section 3222(c)
of this title on behalf of an individual referred to in paragraph (1)
shall remain in such account to make payments of benefits to the
individual under section 3015(f) of this title.
``(d) The procedures provided in regulations referred to in
subsection (a) shall provide for notice of the requirements of
subparagraphs (B), (C), and (D) of section 3011(a)(3) of this title.
Receipt of such notice shall be acknowledged in writing.''.
(2) The table of sections at the beginning of chapter 30 of that
title is amended by inserting after the item relating to section 3018C
the following new item:
``3018D. Opportunity to enroll: certain VEAP participants; active duty
personnel not previously enrolled.''.
(b) Conforming Amendment.--Section 3015(f) of that title is amended
by striking ``or 3018C'' and inserting ``3018C, or 3018D''.
(c) Sense of Congress.--It is the sense of Congress that any law
enacted after the date of the enactment of this Act which includes
provisions terminating or reducing the contributions of members of the
Armed Forces for basic educational assistance under subchapter II of
chapter 30 of title 38, United States Code, should terminate or reduce
by an identical amount the contributions of members of the Armed Forces
for such assistance under section of section 3018D of that title, as
added by subsection (a). | GI Education Opportunity Act of 1999 - Entitles to basic educational assistance under the Montgomery GI Bill educational assistance program individuals who are either current participants in the Post-Vietnam Era Veterans' Educational Assistance program (PVEAP) or have elected not to receive basic educational assistance and who: (1) have completed the requirements of a secondary school diploma, or have completed at least 12 semester hours in a program leading to a standard college degree, before applying for such benefits; (2) if discharged or released, were discharged or released under honorable conditions; and (3) during the one-year period following the enactment of this Act, make an irrevocable decision to receive such benefits in lieu of any other veterans' educational benefits.
Requires: (1) the reduction by $1,200 of the basic pay of individuals making such elections; and (2) disenrollment under the PVEAP for those electing to transfer from that program to the Montgomery GI Bill program.
Expresses the sense of Congress that any subsequent law which includes provisions terminating or reducing the required contribution of military personnel for PVEAP benefits should terminate or reduce by an identical amount the contributions for Montgomery GI Bill benefits. | {"src": "billsum_train", "title": "GI Education Opportunity Act of 1999"} | 1,452 | 256 | 0.536613 | 1.533312 | 0.860977 | 2.942222 | 6.044444 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Safety for Kids Act of 2007''.
SEC. 2. PROHIBITION ON COMMERCIAL WEBSITES CONTAINING MATERIAL THAT IS
HARMFUL TO MINORS.
(a) In General.--No person who operates a website located on the
Internet where such website is primarily operated for commercial
purposes may knowingly, and with knowledge of the character of the
material, place material that is harmful to minors on such website
unless--
(1) the home page, or any other page or screen that is
initially viewable by a visitor to such website, does not
include any material that is harmful to minors;
(2) access to any such material is restricted to a specific
set of individuals through an age verification requirement; and
(3) the source code of such website contains the content
description tag assigned to such website by the National
Telecommunications and Information Administration.
(b) NTIA Description Tag.--Not later than 90 days after the date of
enactment of this Act, the National Telecommunications and Information
Administration shall develop a common content description tag that--
(1) will provide consumers with advance warning and
information about the content of any website that contains
material that is harmful to minors;
(2) will allow consumers, based on such tag, to block or
filter access to, and display of, any website that contains
material that is harmful to minors; and
(3) is technologically capable of being embedded into the
source code a website.
SEC. 3. REGISTRATION REQUIREMENTS.
(a) In General.--Any operator of a website who seeks to register
such website, or who is required to re-register any existing website
with ICANN, shall, at a minimum and in addition to any other
information required by ICANN, provide to ICANN the following:
(1) The name of such operator.
(2) The Uniform Resource Locator or URL for such website.
(3) The Internet Protocol address for such website.
(4) The content description tag of such website under
section 2(b).
(b) NTIA Action Required.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Commerce, acting through
the National Telecommunications and Information Administration, shall--
(1) enter into any memorandums of understanding,
agreements, and contracts with ICANN, as may be necessary to
carry out the requirement under subsection (a); and
(2) make any amendments to any existing memorandums of
understandings, agreements, and contracts with ICANN, as may be
necessary to carry out the requirement under subsection (a).
SEC. 4. ENFORCEMENT.
(a) Violation.--Any person who violates this Act shall be subject
to such civil penalties as the Secretary of Commerce shall prescribe.
(b) Enforcement.--The Secretary of Commerce shall have the power to
enforce the provisions of this Act, including--
(1) any requirements or limitations applicable to a
registrant under section 3; and
(2) the imposition and collection of civil penalties under
subsection (a).
SEC. 5. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) ICANN.--The term ``ICANN'' means the Internet
Corporation for Assigned Names and Numbers.
(2) Internet.--The term ``Internet'' means the combination
of computer facilities and electromagnetic transmission media,
and related equipment and software, comprising the
interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or
any successor protocol to transmit information.
(3) Material that is harmful to minors.--The term
``material that is harmful to minors'' means any communication,
picture, image, graphic image file, article, recording,
writing, or other matter of any kind that is obscene, or that a
reasonable person would find--
(A) taking the material as a whole and with respect
to minors, is designed to appeal to, or is designed to
pander to, the prurient interest;
(B) depicts, describes, or represents, in a manner
patently offensive with respect to minors--
(i) an actual or simulated sexual act or
sexual contact;
(ii) an actual or simulated normal or
perverted sexual act; or
(iii) a lewd exhibition of the genitals or
post-pubescent female breast; and
(C) taking the material as a whole, lacks serious
literary, artistic, political, or scientific value for
minors.
(4) Minor.--The term ``minor'' means any person under 18
years of age.
(5) Source code.--The term ``source code'' means the
combination of text and other characters comprising the
content, both viewable and non-viewable, of a webpage,
including any--
(A) website publishing language;
(B) programming language;
(C) protocol or functional content; and
(D) successor languages or protocols.
(6) Tag.--The term ``tag'' means a descriptive keyword or
term associated with or assigned to a piece of information
(such as a picture, article, or video clip), that--
(A) describes such information; and
(B) enables keyword-based classification and
filtering of such information as required under this
Act.
(7) Website.--The term ``website'' means any collection of
material placed in a computer server-based file archive so that
it is publicly accessible over the Internet using hypertext
transfer protocol, or any successor protocol. | Cyber Safety for Kids Act of 2007 - Prohibits an operator of a commercial website from knowingly placing material that is harmful to minors on the website unless: (1) any page that is initially viewable does not include any such material; (2) access to the material is restricted to a specific set of individuals through an age verification requirement; and (3) the website's source code contains the content description tag assigned to the website by the National Telecommunications and Information Administration (NTIA).
Requires he NTIA to develop a common content description tag that: (1) will warn and inform consumers regarding the presence of material that is harmful to minors; (2) will allow consumers to block or filter website access; and (3) is technologically capable of being embedded in the website's source code.
Requires a website operator, when registering or re-registering a website, to provide to the Internet Corporation for Assigned Names and Numbers certain information, including the content description tag. | {"src": "billsum_train", "title": "A bill to provide stronger protections to parents regarding their children's access to sexually explicit material over the Internet."} | 1,216 | 213 | 0.734248 | 2.165619 | 0.818773 | 3.791667 | 5.875 | 0.90625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving American Homeownership
Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) High national, regional, or local foreclosure rates
destabilize the economy, housing market, and neighborhoods of
the United States.
(2) Shared equity mortgage modifications can provide
alternatives to foreclosures that benefit both underwater
homeowners and mortgage investors.
SEC. 3. SHARED EQUITY MORTGAGE MODIFICATION PILOT PROGRAMS.
(a) Definitions.--In this section--
(1) the term ``covered mortgage'' means a mortgage--
(A) that is--
(i) purchased by, guaranteed by, or
otherwise sold to the Federal National Mortgage
Association, the Government National Mortgage
Association, or the Federal Home Loan Mortgage
Corporation; or
(ii) insured under title II of the National
Housing Act (12 U.S.C. 1707 et seq.);
(B) that is secured by real property that is the
primary or secondary residence of a homeowner;
(C) that is in an amount that is greater than the
appraised value of the real property securing the
mortgage on or about the date on which the homeowner is
approved to participate in the pilot program under
subsection (b);
(D) with respect to which the homeowner--
(i) is not fewer than 60 days delinquent;
or
(ii) is at risk of imminent default;
(E) of a homeowner who has a documented financial
hardship that prevents or will prevent the homeowner
from making mortgage payments; and
(F) that may, at the discretion of the Director of
the Federal Housing Finance Agency with respect to
mortgage-backed securities or participation
certificates issued by an enterprise or of the
Secretary of Housing and Urban Development with respect
to mortgage-backed securities issued by the Government
National Mortgage Association, respectively, be made
part of any security instrument that may combine or
separate the mortgage note and equity position in the
real property securing the mortgage;
(2) the term ``equity value of the real property'' means
with respect to a covered mortgage, the difference between the
value of the real property securing the covered mortgage upon
the time of sale (or refinance) and the initial principal
obligation amount owed on the covered mortgage, less any
transaction costs associated with the sale or refinancing,
provided that if the equity value is negative at time of sale
(or refinance), no payment is due the investor;
(3) the term ``enterprise'' has the same meaning as in
section 1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502);
(4) the term ``homeowner'' means the mortgagor under a
covered mortgage;
(5) the term ``investor'' means--
(A) the mortgagee under a covered mortgage; or
(B) in the case of a covered mortgage that
collateralizes an asset-backed security, as defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)), the trustee for the asset-backed
security;
(6) the term ``pilot program'' means a pilot program
established under subsection (b); and
(7) the term ``shared equity mortgage modification'' means
a modification of a covered mortgage in accordance with
subsection (c).
(b) Pilot Programs Established.--The Director of the Federal
Housing Finance Agency and the Federal Housing Commissioner shall each
establish a pilot program to encourage the use of shared equity
mortgage modifications that are designed to return greater net present
value to investors than other loss-mitigation activities, including
foreclosure.
(c) Shared Equity Mortgage Modification.--For purposes of the pilot
program, a shared equity mortgage modification shall--
(1) reduce the loan-to-value ratio of a covered mortgage to
100 percent or less within 3 years, by reducing the difference
between the initial original principal obligation amount owed
on the covered mortgage and the reduced principal obligation
amount determined by the targeted loan-to-value ratio set forth
in this paragraph by \1/3\ at the end of each year for 3 years;
(2) reduce the interest rate for a covered mortgage, if a
reduction of principal under paragraph (1) would not result in
a reduced monthly payment that is affordable to the homeowner;
(3) reduce the amount of any periodic payment required to
be made by the homeowner, so that the amount payable by the
homeowner is equal to the amount that would be payable by the
homeowner if, on the date on which the shared equity mortgage
modification takes effect--
(A) all reductions of the amount of principal under
paragraph (1) had been made; and
(B) any reduction in the interest rate under
paragraph (2) for which the covered mortgage is
eligible had been made;
(4) require the homeowner to pay to the investor upon
refinancing or selling the real property securing a covered
mortgage, a percentage (not to exceed 50 percent) of the equity
value of such real property, provided that--
(A) the dollar amount due to the investor upon such
sale or refinance shall not exceed an amount that is
equal to twice the largest dollar amount of the
principal reduction that the homeowner achieved as a
result of the principal reduction under paragraph (1);
(B) the cap established under subparagraph (A)
shall on February 1 of the year following the year of
enactment of this Act, and each February 1 thereafter,
be adjusted for inflation, by multiplying the prior
year's cap amount by the ratio of the annual average of
the Consumer Price Index for All Urban Consumers (CPI-
U), or a BLS-designated successor to CPI-U, for the
prior calendar year to its annual average for the
calendar year two years prior; and
(C) the investor is permitted to structure the
equity-sharing interest that the investor is entitled
to receive under this paragraph to be transferrable,
including by structuring such interest for future sale
to other investors;
(5) be designed to deliver maximal net present value to the
investor, taking into account--
(A) the principal reduction under paragraph (1);
(B) any interest rate reductions under paragraph
(2);
(C) expected reductions in foreclosure and in any
other costs that might reduce net present value; and
(D) the value of the equity sharing interest
determined under paragraph (4); and
(6) be based on factors including the percentage value of
any principal reduction under paragraph (1), the amount of any
such principal reduction, and any other factors as determined
appropriate by the Director of the Federal Housing Finance
Agency or the Federal Housing Commissioner, respectively.
(d) Determination of Value of Home.--
(1) In general.--For purposes of this section, the value of
real property securing a covered mortgage shall be determined
by a licensed appraiser who is independent of and does not
otherwise do business with the homeowner, servicer, investor,
or an affiliate of the homeowner, servicer, or investor.
(2) Time for determination.--The value of real property
securing a covered mortgage shall be determined on a date that
is as close as practicable to the date on which a homeowner
begins to participate in a pilot program.
(3) Cost.--
(A) Responsibility for cost.--
(i) Initial cost.--The investor shall pay
the cost of an appraisal under paragraph (1).
(ii) Deduction from homeowner share.--At
the option of the investor, up to one-half of
the cost of an appraisal under paragraph (1)
may be added to the amount paid by the
homeowner to the investor under subsection
(c)(4).
(B) Reasonableness of cost.--The cost of an
appraisal under paragraph (1) shall be reasonable, as
determined by the Director of the Federal Housing
Finance Agency or the Federal Housing Commissioner,
respectively.
(4) Second appraisal.--At the time of refinancing or sale
of real property securing a covered mortgage, the investor may
request a second appraisal of the value of the real property,
at the expense of the investor, by a licensed appraiser
selected by the Director of the Federal Housing Finance Agency
or the Federal Housing Commissioner, respectively, who is
independent of and does not otherwise do business with the
homeowner, servicer, investor, or an affiliate of the
homeowner, servicer, or investor, if the investor believes that
the sale price or claimed value at the time of the refinancing
is not an accurate reflection of the fair market value of the
real property.
(e) Eligibility for Reduction of Principal.--Each pilot program
shall provide that a homeowner is not eligible for a reduction in the
amount of principal under a covered mortgage under a shared equity
mortgage modification if, after the homeowner begins participating in
the pilot program, the homeowner--
(1) is delinquent on more than 3 payments under the shared
equity mortgage modification during any of the 3 successive 1-
year periods beginning on the date on which the shared equity
mortgage modification is made; and
(2) fails to be current with all payments described in
paragraph (1) before the end of each 1-year period described in
paragraph (1).
(f) Participation by Servicers.--The Director of the Federal
Housing Finance Agency shall require each enterprise to require that
any servicer of a covered mortgage in which the enterprise is an
investor participate in the pilot program of the Federal Housing
Finance Agency by offering shared equity mortgage modifications to a
random and statistically significant sampling of homeowners with
covered mortgages.
(g) Studies and Reports.--The Director of the Federal Housing
Finance Agency and the Federal Housing Commissioner shall--
(1) conduct annual studies of the pilot program of the
Federal Housing Finance Agency and the Federal Housing
Administration, respectively;
(2) submit a report to Congress containing the results of
each study at the end of each of the 3 successive 1-year
periods beginning on the date on which the pilot program is
established; and
(3) make publicly available to the maximum extent possible,
consistent with the protection of any personal information, and
in a timely manner any data generated by the pilot program. | Preserving American Homeownership Act of 2014 - Requires the Director of the Federal Housing Finance Agency and the Federal Housing Commissioner each to establish a pilot program to encourage the use of shared equity mortgage modifications designed to return greater net present value to investors than other loss-mitigation activities, including foreclosure. Requires a shared equity mortgage modification to: reduce by specified action the loan-to-value ratio of a covered mortgage to 100% or less within 3 years; reduce the interest rate if such a reduction of principal would not result in an affordable reduced monthly payment; reduce to a specified amount any periodic payment the homeowner is required to make; require the homeowner to pay the investor, upon refinancing or selling the real property securing a covered mortgage, up to 50% of the amount of the equity value of the real property, subject to certain conditions; be designed to deliver maximal net present value to the investor; and be based on specified factors. | {"src": "billsum_train", "title": "Preserving American Homeownership Act of 2014"} | 2,160 | 208 | 0.533683 | 1.603639 | 0.883781 | 5.288043 | 11.565217 | 0.929348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping the Pharmaceutical Industry
from Keeping Drugs Expensive (SPIKE) Act of 2017''.
SEC. 2. DRUG MANUFACTURER PRICE TRANSPARENCY.
Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
amended by inserting after section 1128I the following new section:
``SEC. 1128J. DRUG MANUFACTURER PRICE TRANSPARENCY.
``(a) In General.--Effective beginning on January 1, 2018, subject
to subsection (e), the Secretary shall require a manufacturer of an
applicable drug to submit to the Secretary the justification described
in subsection (c) in accordance with the timing described in subsection
(d).
``(b) Definitions.--In this section:
``(1) Applicable drug.--Subject to paragraph (2), the term
`applicable drug' means a drug, as defined in section 201(g) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)),
that is subject to section 503(b)(1) of such Act (21 U.S.C.
353(b)(1)), and that the Secretary determines is described in
either of the following subparagraphs:
``(A) The drug (per dose)--
``(i) has a wholesale acquisition cost of
at least $10 dollars; and
``(ii) had an increase in the wholesale
acquisition cost of the drug, with respect to
determinations made--
``(I) during 2019, of at least 100
percent since the date of the enactment
of this section;
``(II) during 2020, of at least 100
percent in the preceding 12 months or
of at least 150 percent in the
preceding 2 years;
``(III) during 2021, of at least
100 percent in the preceding 12 months
or of at least 200 percent in the
preceding 3 years;
``(IV) during 2022, of at least 100
percent in the preceding 12 months or
of at least 250 percent in the
preceding 4 years; or
``(V) on or after January 1, 2023,
of at least 100 percent in the
preceding 12 months or of at least 300
percent in the preceding 5 years.
``(B) The drug (per dose)--
``(i) is in the top 50th percentile of net
spending under title XVIII or XIX in at least
one of the preceding 5 years; and
``(ii) had an increase in the wholesale
acquisition cost of the drug, with respect to
determinations made--
``(I) during 2019, of at least 15
percent since the date of the enactment
of this section;
``(II) during 2020, of at least 15
percent in the preceding 12 months or
of at least 20 percent in the preceding
2 years;
``(III) during 2021, of at least 15
percent in the preceding 12 months or
of at least 30 percent in the preceding
3 years;
``(IV) during 2022, of at least 15
percent in the preceding 12 months or
of at least 40 percent in the preceding
4 years; or
``(V) on or after January 1, 2023,
of at least 15 percent in the preceding
12 months or of at least 50 percent in
the preceding 5 years.
``(2) Special rule.--For purposes of applying paragraph
(1), the Secretary may substitute for each percentage described
in subparagraph (A) or (B) of such paragraph (other than the
percentile described subparagraph (B)(i) of such paragraph) a
percentage within a de minimis range specified by the Secretary
below the percentage so described.
``(3) Manufacturer.--The term `manufacturer' has the
meaning given that term in section 581(10) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360eee(10)).
``(4) Wholesale acquisition cost.--The term `wholesale
acquisition cost' has the meaning given that term in section
1847A(c)(6)(B).
``(c) Justification Described.--The justification described in this
subsection is all relevant information and supporting documentation
necessary to justify the increase in the wholesale acquisition cost of
the applicable drug of the manufacturer, which may include the
following:
``(1) The individual factors that have contributed to the
increase in the wholesale acquisition cost.
``(2) An explanation of the role of each factor in
contributing to such increase.
``(3) Total expenditures of the manufacturer on--
``(A) materials and manufacturing for such drug;
``(B) acquiring patents and licensing for each drug
of the manufacturer; and
``(C) costs to purchase or acquire the drug from
another company, if applicable.
``(4) The percentage of total expenditures of the
manufacturer on research and development for such drug that was
derived from Federal funds.
``(5) The total expenditures of the manufacturer on
research and development for such drug.
``(6) The total revenue and net profit generated from the
applicable drug for each calendar year since drug approval.
``(7) The total costs associated with marketing and
advertising for the applicable drug.
``(8) Additional information specific to the manufacturer
of the applicable drug, such as--
``(A) the total revenue and net profit of the
manufacturer for the period of such increase, as
determined by the Secretary;
``(B) metrics used to determine executive
compensation;
``(C) any additional information related to drug
pricing decisions of the manufacturer, such as total
expenditures on--
``(i) drug research and development; or
``(ii) clinical trials on drugs that failed
to receive approval by the Food and Drug
Administration.
``(d) Timing.--
``(1) Notification.--Not later than 60 days after the date
on which the Secretary makes the determination that a drug is
an applicable drug under subsection (b), the Secretary shall
notify the manufacturer of the applicable drug of such
determination.
``(2) Submission of justification.--Not later than 180 days
after the date on which a manufacturer receives a notification
under paragraph (1), the manufacturer shall submit to the
Secretary the justification required under subsection (a).
``(3) Posting on internet website.--
``(A) In general.--Subject to subparagraph (B), not
later than 30 days after receiving the justification
under paragraph (2), the Secretary shall post on the
Internet website of the Centers for Medicare & Medicaid
Services the justification, together with a summary of
such justification that is written and formatted using
language that is easily understandable by beneficiaries
under titles XVIII and XIX.
``(B) Exception.--The Secretary shall establish a
process under which a manufacturer of an applicable
drug may submit a request to the Secretary that certain
proprietary information disclosed as part of
justification in subsection (c) be excluded from the
posting described in subparagraph (A) if, as determined
by the Secretary (in consultation with the Inspector
General of the Department of Health and Human
Services), the public disclosure of such information
would directly lead to increased prices of prescription
drugs. If proprietary information is excluded from the
posting pursuant to the preceding sentence, to the
extent feasible, the summary of the information
described in subparagraph (A) shall include a summary
of such proprietary information.
``(e) Exception to Requirement for Submission.--The requirement to
submit a justification under subsection (a) shall not apply in the case
where the manufacturer, after receiving the notification under
subsection (d)(1) with respect to an applicable drug of the
manufacturer, reduces the wholesale acquisition cost of a drug so that
it no longer meets the definition of an applicable drug under
subsection (b) for at least a 6-month period, as determined by the
Secretary.
``(f) Penalties.--The provisions of subsection (b)(3)(C) of section
1927 shall apply to a manufacturer that fails to submit the
justification required under subsection (a) on a timely basis or that
knowingly provides false information in the same manner as such
provisions apply to a manufacturer with an agreement under that
section.''. | Stopping the Pharmaceutical Industry from Keeping Drugs Expensive (SPIKE) Act of 2017 This bill amends title XI (General Provisions) of the Social Security Act to require manufacturers of drugs with specified percentage increases in their wholesale costs to submit to the Centers for Medicare & Medicaid Services (CMS) written justification for certain increases in drug prices. The CMS shall publish each submission, together with an easily understandable summary, on its website. Certain proprietary information may be excluded from publication, as specified by the bill. A manufacturer that does not comply with the bill's requirements shall be subject to civil monetary penalties. | {"src": "billsum_train", "title": "Stopping the Pharmaceutical Industry from Keeping Drugs Expensive (SPIKE) Act of 2017"} | 1,830 | 190 | 0.456752 | 1.329483 | 0.759216 | 2.243243 | 15.522523 | 0.765766 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Toys for Kids Act''.
SEC. 2. PURPOSE.
The purpose of this Act and the amendments made by this Act is to
prevent the introduction of dangerous toys and other products used by
children into the marketplace by requiring independent third-party
testing and certification that toys and other products intended for use
by children comply with consumer product safety standards and rules
before they enter the interstate stream of commerce.
SEC. 3. CERTIFICATION OF COMPLIANCE OF CHILDREN'S PRODUCTS WITH
CONSUMER PRODUCT SAFETY RULES.
(a) Expansion of Certification Requirement.--Subsection (a) of
section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) is
amended--
(1) by redesignating paragraph (2) as paragraph (5);
(2) in paragraph (1)--
(A) by striking ``Every manufacturer'' and
inserting ``Except as provided in paragraph (2), every
manufacturer''; and
(B) by designating the second and third sentences
as paragraphs (3) and (4), respectively, and indenting
the margin of such paragraphs, as so designated, 2 ems
from the left margin;
(3) by inserting after paragraph (1) the following:
``(2) Every manufacturer of a children's product (and the
private labeler of such product if it bears a private label)
which is subject to a consumer product safety standard under
this Act or a rule under this or any other Act administered by
the Commission declaring a consumer product a banned hazardous
product shall issue a certificate which shall certify that such
product conforms to such consumer product safety standard or is
not a banned hazardous product under such rule, and shall
specify such consumer product safety standard or such rule.'';
(4) in paragraph (3), as redesignated by paragraph (2)(B),
by striking ``Such certificate shall'' and inserting ``A
certificate required under this subsection shall''; and
(5) in paragraph (5), as redesignated by paragraph (1)--
(A) by striking ``required by paragraph (1) of this
subsection'' and inserting ``required by paragraph (1)
or (2) (as the case may be)''; and
(B) by striking ``requirement under paragraph (1)''
and inserting ``requirement under paragraph (1) or (2)
(as the case may be)''.
(b) Third-Party Certification Required.--Subsection 14(b) of the
Consumer Product Safety Act (15 U.S.C. 2063(b)) is amended--
(1) by striking ``The Commission may'' and inserting ``(1)
The Commission may'';
(2) by designating the second sentence as paragraph (2) and
indenting the margin of such paragraph, as so designated, 2 ems
from the left margin;
(3) in paragraph (2), as so designated, by striking ``Any
test or'' and inserting ``Except as provided in paragraph (3),
any test or''; and
(4) by adding at the end the following:
``(3) In the case of a children's product, any test or
testing program on the basis of which a certificate is issued
under subsection (a)(2) shall be conducted by a nongovernmental
independent third party qualified to perform such tests or
testing programs.''.
(c) Definition of Children's Products and Independent Third
Party.--Section 14 of the Consumer Product Safety Act (15 U.S.C. 2063)
is amended by adding at the end the following:
``(d) Definitions.--In this section:
``(1) Children's product.--The term `children's product'
means a toy or other article intended for use by a child under
60 months of age that is introduced into the interstate stream
of commerce. In determining whether a toy or article is
intended for use by a child under 60 months of age, the
following factors shall be considered:
``(A) A statement by a manufacturer about the
intended use of such toy or article, including a label
on such toy or article, if such statement is
reasonable.
``(B) The context and manner of the advertising,
promotion, and marketing associated with the toy or
article.
``(C) Whether the toy or article is commonly
recognized by consumers as being intended for use by a
child under 60 months of age.
``(D) The Age Determination Guideline issued by the
Consumer Product Safety Commission in September 2002
and any subsequent version of such Guideline.
``(2) Independent third party.--The term `independent third
party', with respect to a testing entity, means an independent
testing entity that is physically separate from any
manufacturer or private labeler whose product will be tested by
such entity, and is not owned, managed, controlled, or directed
by such manufacturer or private labeler.''.
(d) Label and Certification.--Not later than 180 days after the
date of the enactment of this Act, the Consumer Product Safety
Commission shall prescribe a rule in accordance with subsection (c) of
section 14 of the Consumer Product Safety Act (15 U.S.C. 2063) for
children's products described in subsection (d)(1) of such section, as
added by subsection (c) of this section.
(e) Website Listing of Certified Products.--The Consumer Product
Safety Commission shall post and maintain current in a clear and
conspicuous location on its Internet website a list of all children's
products for which certificates have been issued under section 14(a)(2)
of the Consumer Product Safety Act (15 U.S.C. 2063).
SEC. 4. PROHIBITION ON IMPORTS OF CHILDREN'S PRODUCTS WITHOUT THIRD-
PARTY TESTING CERTIFICATION.
Section 17(a) of the Consumer Product Safety Act (15 U.S.C. 2066)
is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon and ``or''; and
(3) by adding at the end the following:
``(6) is a children's product, as that term is defined in
section 14(d), that is not accompanied by a certificate from a
third-party verification entity required by section
14(a)(2).''.
SEC. 5. PROHIBITED IMPORTS BASED ON MANUFACTURING SITE.
Section 17 of the Consumer Product Safety Commission (15 U.S.C.
2066) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``or'';
(B) in paragraph (5), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(6) is a product that was manufactured in a facility that
the Commission has designated under subsection (i) a `banned
manufacturing site'.''; and
(2) by adding at the end the following:
``(i)(1) The Commission may, by rule, designate as a banned
manufacturing site any factory, warehouse, or other facility in which
consumer products are manufactured, if the Commission determines--
``(A) such factory, warehouse, or other facility
has regularly produced consumer products which fail to
comply with any applicable consumer product safety
standard; or
``(B) upon inspection by the Commission, that such
factory, warehouse, or other facility engages in acts
or practices which are likely to result in the
production of imminently hazardous consumer products.
``(2) The designation under paragraph (1) shall be for such period
of time as the Commission shall determine.
``(3) The Commission shall post in a clear and conspicuous location
on its Internet website--
``(A) the names and location of each factory, warehouse, or
other facility that the Commission designates a banned
manufacturing site; and
``(B) the names of all products produced at each factory,
warehouse, or other facility.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR CPSC.
(a) Authorization of Appropriations.--Section 32(a) of the Consumer
Product Safety Commission (15 U.S.C. 2081(a)) is amended by striking
``, not to exceed'' and all that follows through paragraph (2) and
inserting ``such sums as may be necessary''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Consumer Product Safety Commission should have at
least 1 full-time inspector at each port of entry to the United
States;
(2) that such inspectors should work closely with Customs
officials and other Federal officials who monitor imported
products; and
(3) that sufficient amounts should be appropriated to the
Commission to enable the Commission to increase the number of
full time inspectors to at least 340. | Safe Toys for Kids Act - Amends the Consumer Product Safety Act to require every manufacturer (and any related private labeler) of an article for use by a child under 60 months of age which is subject to a consumer product safety standard or a rule under any Act administered by the Consumer Product Safety Commission (CPSC) declaring a consumer product a banned hazardous product to certify, based on testing conducted by a nongovernmental independent third party, that the product conforms to such standard or is not a banned hazardous product.
Bars importation of such articles lacking independent third party certification.
Allows the CPSC, by rule, to designate as a banned manufacturing site any facility in which consumer products are manufactured that has regularly produced consumer products which fail to comply with any applicable consumer product safety standard or engages in acts or practices likely to result in the production of imminently hazardous consumer products. Prohibits imports from banned sites. | {"src": "billsum_train", "title": "To amend the Consumer Product Safety Act to require independent safety certification of children's products, to increase the Consumer Product Safety Commission's inspection capability for imported products, and to prohibit hazardous imports based on manufacturing site, and for other purposes."} | 1,989 | 205 | 0.601284 | 1.669523 | 0.804667 | 4.327586 | 10.637931 | 0.936782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Fraud Detection and
Disclosure Act''.
SEC. 2. AMENDMENT TO SECURITIES EXCHANGE ACT OF 1934.
(a) Amendments to the Securities Exchange Act of 1934.--The
Securities Exchange Act of 1934 is amended by inserting after section
10 (15 U.S.C. 78j) the following new section:
``fraud detection and disclosure
``Sec. 10A. (a) Audit Requirements.--Each audit required pursuant
to this title of an issuer's financial statements by an independent
public accountant shall include, in accordance with methods prescribed
by the Commission, the following:
``(1) procedures designed to provide reasonable assurance
of detecting illegal acts that would have a direct and material
effect on the determination of financial statement amounts;
``(2) procedures designed to identify related party
transactions which are material to the financial statements or
otherwise require disclosure therein; and
``(3) an evaluation of whether there is substantial doubt
about the issuer's ability to continue as a going concern over
the ensuing fiscal year.
``(b) Required Response to Audit Discoveries.--
``(1) Investigation and report to management.--If, in the
course of conducting any audit pursuant to this title to which
subsection (a) applies, the independent public accountant
detects or otherwise becomes aware of information indicating
that an illegal act (whether or not perceived to have a
material effect on the issuer's financial statements) has or
may have occurred, the accountant shall, in accordance with
methods prescribed by the Commission--
``(A)(i) determine whether it is likely that an
illegal act has occurred, and (ii) if so, determine and
consider the possible effect of the illegal act on the
financial statements of the issuer, including any
contingent monetary effects, such as fines, penalties,
and damages; and
``(B) as soon as practicable inform the appropriate
level of the issuer's management and assure that the
issuer's audit committee, or the issuer's board of
directors in the absence of such a committee, is
adequately informed with respect to illegal acts that
have been detected or otherwise come to the attention
of such accountant in the course of the audit, unless
the illegal act is clearly inconsequential.
``(2) Response to failure to take remedial action.--If,
having first assured itself that the audit committee of the
board of directors of the issuer or the board (in the absence
of an audit committee) is adequately informed with respect to
illegal acts that have been detected or otherwise come to the
accountant's attention in the course of such accountant's
audit, the independent public accountant concludes that--
``(A) any such illegal act has a material effect on
the financial statements of the issuer,
``(B) senior management has not taken, and the
board of directors has not caused senior management to
take, timely and appropriate remedial actions with
respect to such illegal act, and
``(C) the failure to take remedial action is
reasonably expected to warrant departure from a
standard auditor's report, when made, or warrant
resignation from the audit engagement,
the independent public accountant shall, as soon as
practicable, directly report its conclusions to the board of
directors.
``(3) Notice to commission; response to failure to
notify.--An issuer whose board of directors has received a
report pursuant to paragraph (2) shall inform the Commission by
notice within one business day of receipt of such report and
shall furnish the independent public accountant making such
report with a copy of the notice furnished the Commission. If
the independent public accountant making such report shall fail
to receive a copy of such notice within the required one-
business-day period, the independent public accountant shall--
``(A) resign from the engagement; or
``(B) furnish to the Commission a copy of its
report (or the documentation of any oral report given)
within the next business day following such failure to
receive notice.
``(4) Report after resignation.--An independent public
accountant electing resignation shall, within the one business
day following a failure by an issuer to notify the Commission
under paragraph (3), furnish to the Commission a copy of the
accountant's report (or the documentation of any oral report
given).
``(c) Auditor Liability Limitation.--No independent public
accountant shall be liable in a private action for any finding,
conclusion, or statement expressed in a report made pursuant to
paragraph (3) or (4) of subsection (b), including any rules promulgated
pursuant thereto.
``(d) Civil Penalties in Cease-and-Desist Proceedings.--If the
Commission finds, after notice and opportunity for hearing in a
proceeding instituted pursuant to section 21C of this title, that an
independent public accountant has willfully violated paragraph (3) or
(4) of subsection (b) of this section, then the Commission may, in
addition to entering an order under section 21C, impose a civil penalty
against the independent public accountant and any other person that the
Commission finds was a cause of such violation. The determination
whether to impose a civil penalty, and the amount of any such penalty,
shall be governed by the standards set forth in section 21B of this
title.
``(e) Preservation of Existing Authority.--Except for subsection
(d), nothing in this section limits or otherwise affects the authority
of the Commission under this title.
``(f) Definitions.--As used in this section, the term `illegal act'
means any action or omission to act that violates any law, or any rule
or regulation having the force of law.''.
(b) Effective Dates.--As to any registrant that is required to file
selected quarterly financial data pursuant to item 302(a) of Regulation
S-K (17 CFR 229.302(a)) of the Securities and Exchange Commission, the
amendments made by subsection (a) of this section shall apply to any
annual report for any period beginning on or after January 1, 1994. As
to any other registrant, such amendment shall apply for any period
beginning on or after January 1, 1995. | Financial Fraud Detection and Disclosure Act - Amends the Securities Exchange Act of 1934 to include within statutorily mandated audit requirements specified fraud detection and disclosure procedures to be followed by an independent public accountant.
Authorizes the Securities and Exchange Commission to impose civil penalties for willful violations of this Act by an independent public accountant. | {"src": "billsum_train", "title": "Financial Fraud Detection and Disclosure Act"} | 1,363 | 73 | 0.516595 | 1.155524 | 1.032091 | 2.338983 | 21.745763 | 0.847458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth-in-Tuition Act of 2007''.
SEC. 2. PURPOSE.
It is the purpose of this Act to assist students and families in
multi-year financial planning for the full cost of a post-secondary
education program, while not restricting the ability of institutions of
higher education to raise tuition and fee levels from one year to the
next.
SEC. 3. COMMITMENT TO AND NOTICE OF TUITION LEVELS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following new paragraph:
``(24)(A) The institution will provide to each perspective
cohort of students applying to enter a program of undergraduate
or graduate education a binding, multi-year tuition and fee
schedule for that cohort of students for the duration of the
normal length of the relevant undergraduate or graduate
program.
``(B) At the discretion of the institution, the multi-year
tuition and fee schedules required by subparagraph (A)--
``(i) are not limited in their year-to-year growth;
``(ii) may include a percentage or dollar increase
from one year to the next for a relevant cohort of
students: and
``(iii) may reflect a consistent per year dollar
amount for the normal length of the relevant
undergraduate or graduate program.
``(C) The Secretary shall waive the requirements of
subparagraph (A), and of the binding commitment made therender,
if the institution demonstrates to the Secretary that the
institution is unable to comply because of the occurrence of
one or more events causing the institution severe economic
distress.''.
SEC. 4. INCENTIVES AND REWARDS FOR LOW TUITION.
(a) Rewards for Low Tuition.--
(1) Competitive grants.--The Secretary of Education shall
award grants on a competitive basis to institutions of higher
education that, for academic year 2008-2009 or any succeeding
academic year, have an annual net tuition increase (expressed
as a percentage) for the most recent academic year for which
satisfactory data is available that is equal to or less than
the percentage change in the higher education price index for
such academic year.
(2) Use of funds.--Funds awarded to an institution of
higher education under paragraph (1) shall be distributed by
the institution in the form of need-based grant aid to students
who are eligible for Federal Pell Grants, except that no
student shall receive an amount under this section that would
cause the amount of total financial aid received by such
student to exceed the cost of attendance of the institution.
(b) Rewards for Guaranteed Tuition.--
(1) Bonus.--For each institution of higher education that
the Secretary of Education of Education determines complies
with the requirements of paragraph (2) or (3) of this
subsection, the Secretary of Education shall provide to such
institution a bonus amount. Such institution shall award the
bonus amount first to students who are eligible for Federal
Pell Grants who were in attendance at the institution during
the award year that such institution satisfied the eligibility
criteria for maintaining low tuition and fees, then to students
who are eligible for Federal Pell Grants who were not in
attendance at the institution during such award year, in the
form of need-based aid.
(2) 4-year institutions.--An institution of higher
education that provides a program of instruction for which it
awards a bachelor's degree complies with the requirements of
this paragraph if such institution guarantees that for any
academic year beginning on or after July 1, 2008, and for each
of the 4 succeeding continuous academic years, the net tuition
charged to an undergraduate student will not exceed--
(A) the amount that the student was charged for an
academic year at the time he or she first enrolled in
the institution of higher education, plus
(B) the product of the percentage increase in the
higher education price index for the prior academic
year, or the most recent prior academic year for which
data is available, multiplied by the amount determined
under subparagraph (A).
(3) Less-than 4-year institutions.--An institution of
higher education that does not provide a program of instruction
for which it awards a bachelor's degree complies with the
requirements of this paragraph if such institution guarantees
that for any academic year (or the equivalent) beginning on or
after July 1, 2008, and for each of the 1.5 succeeding
continuous academic years, the net tuition charged to an
undergraduate student will not exceed--
(A) the amount that the student was charged for an
academic year at the time he or she first enrolled in
the institution of higher education, plus
(B) the product of the percentage increase in the
higher education price index for the prior academic
year, or the most recent prior academic year for which
data is available, multiplied by the amount determined
under subparagraph (A).
(c) Maintaining Affordable Tuition.--
(1) Institution reports.--If an institution of higher
education has an increase in annual net tuition (expressed as a
percentage), for the most recent academic year for which
satisfactory data is available, that is greater than the
percentage increase in the higher education price index for
such academic year, the institution or a representative
association is required to submit to the Secretary of Education
the following information, within 6 months of such
determination--
(A) a report on the factors contributing to the
increase in the institution's costs and the increase in
net tuition and fees charged to students, including
identification of the major areas in the institution's
budget with the greatest cost increases;
(B) the institution's 3 most recent Form 990s
submitted to the Internal Revenue Service, as required
under section 6033 of the Internal Revenue Code of
1986;
(C) a description of the major areas of
expenditures in the institution's budget with the
greatest increase for such academic year; and
(D) actions being taken by the institution to
reduce net tuition.
(2) Report to congress.--The Secretary of Education shall
compile the information submitted under this subsection and
shall provide to the relevant authorizing committees an annual
report relating to such information.
(d) Definitions.--In this section:
(1) Net tuition.--The term ``net tuition'' means the
average tuition and fees charged to a full-time undergraduate
student by an institution of higher education for an academic
year, minus the average grant amount received by such a student
for such academic year.
(2) Higher education price index.--The term ``higher
education price index'' means the higher education price index
developed pursuant to section 133(b).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning provided in
section 102 of Higher Education Act of 1965 (20 U.S.C. 1002). | Truth-in-Tuition Act of 2007 - Amends the Higher Education Act of 1965 to require institutions of higher education (IHEs) that are participating in the Act's student assistance programs to provide each prospective cohort of students applying to enter their undergraduate or graduate programs with a binding, multi-year tuition and fee schedule for the normal duration of such studies.
Requires the Secretary of Education to waive the application of such requirement to IHEs that are unable to comply because of events causing them severe economic distress.
Directs the Secretary to award: (1) competitive grants to IHEs that, for an academic year, have a net tuition (tuition and fees, minus grant amounts) increase that does not exceed the percentage change in the higher education price index; and (2) bonus amounts to IHEs that guarantee that their net tuition will not outpace changes in such index over specified periods of time. Requires IHEs to distribute such grants and bonuses as need-based grant aid to students who are eligible for federal Pell Grants.
Requires IHEs whose annual net tuition increase outpaces such index to issue an explanatory report to the Secretary that includes actions being taken to remedy the situation. | {"src": "billsum_train", "title": "To limit excessive fluctuations in tuition to help students and families plan for college costs."} | 1,470 | 266 | 0.587843 | 1.648003 | 0.914616 | 2.973568 | 6.268722 | 0.832599 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle East Peace Commitments Act of
2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 1993, the Palestine Liberation Organization
(hereinafter in this title referred to as the ``PLO'') made the
following commitments in an exchange of letters with the Prime
Minister of Israel:
(A) Recognition of the right of the State of Israel
to exist in peace and security.
(B) Acceptance of United Nations Security Council
Resolutions 242 and 338.
(C) Resolution of all outstanding issues in the
conflict between the two sides through negotiations and
exclusively peaceful means.
(D) Renunciation of the use of terrorism and all
other acts of violence and responsibility over all PLO
elements and personnel in order to assure their
compliance, prevent violations, and discipline
violators.
(2) The Palestinian Authority, the governing body of
autonomous Palestinian territories, was created as a result of
agreements between the PLO and the State of Israel that are a
direct outgrowth of the commitments made in 1993.
(3) The PLO made the following commitments in the
Declaration of Principles on Interim Self-Government
Arrangements of 1993, the Israeli-Palestinian Interim Agreement
on the West Bank and the Gaza Strip of 1995, and the Wye River
Memorandum of 1998:
(A) To resolve disputes arising out of any
agreements pertaining to the interim period by
negotiations, arbitration, or other mutually agreed
upon mechanisms of conciliation.
(B) To take all measures necessary in order to
prevent acts of terrorism, crime and hostilities
directed against the State of Israel.
(C) To abstain from incitement, including hostile
propaganda, against the State of Israel, and to take
legal measures to prevent such incitement by
organizations, groups, or individuals under their
control.
(D) To arrest and prosecute individuals suspected
of perpetrating acts of violence and terror and to
punish all persons involved in acts of violence and
terror.
(E) To provide for the protection of Jewish holy
sites in areas under the administration of the
Palestinian Authority, as well as persons visiting
them, and to ensure the peaceful use of such sites, to
prevent any instances of disorder and to respond to any
incident.
(F) To prevent the establishment or operation in
the West Bank or Gaza Strip of any armed force other
than the Palestinian Police and Israeli military
forces.
(G) To establish, and vigorously and continually
implement, a systematic program for the collection and
appropriate handling of all illegal firearms,
ammunition or weapons.
(H) To maintain continuous intensive and
comprehensive bilateral security cooperation with
Israel.
(4) The President of the United States witnessed and signed
the Declaration of Principles on Interim Self-Government
Arrangements of 1993, the Israeli-Palestinian Interim Agreement
on the West Bank and the Gaza Strip of 1995, and the Wye River
Memorandum of 1998, placing at issue the credibility and
reputation of the United States with regard to the
implementation of the agreements.
(5) The United States has a longstanding, and enduring,
vital national security interest in the peaceful resolution of
the Israeli-Palestinian conflict, and to that end has provided
the parties with its good offices and considerable financial
assistance.
(6) The State of Israel has made incontrovertible and
extensive efforts to resolve its conflict with the PLO by
negotiating in good faith and offering concessions of a
magnitude to demonstrate conclusively its clear commitment to
reaching a just and enduring settlement of the Israeli-
Palestinian conflict.
(7) The PLO's commitment to its freely accepted
obligations, specified in paragraphs (1) and (3), has come into
question as a result of the violence and mayhem occurring since
September 28, 2000, creating significant doubt as to the PLO's
commitment to the fundamental principle of resolving its
conflict with the State of Israel exclusively through direct
bilateral negotiations.
SEC. 3. REPORTS.
(a) In General.--The President shall, at the times specified in
subsection (b), transmit to the appropriate congressional committees a
report on compliance by the PLO or the Palestinian Authority, as
appropriate, with each of the commitments specified in section 2(1) and
2(3). The report shall include, with respect to each such commitment,
the determination of the President as to whether or not the PLO or the
Palestinian Authority, as appropriate, has complied with that
commitment during the period since the submission of the preceding
report or, in the case of the initial report, during the preceding six-
month period. In the event that the President imposed one or more
sanctions under section 4 during the period covered by the report, the
report shall include a description of the each such sanction imposed.
(b) Transmission.--The initial report required under subsection (a)
shall be transmitted not later than 30 days after the date of enactment
of this Act. Each subsequent report shall be submitted on the date on
which the President is next required to submit a report under the
P.L.O. Commitments Compliance Act of 1989 (title VIII of Public Law
101-246) and may be combined with such report.
SEC. 4. IMPOSITION OF SANCTIONS.
(a) In General.--If, in any report transmitted pursuant to section
3, the President determines that the PLO or the Palestinian Authority,
as appropriate, has not complied with each of the commitments specified
in section 2(1) and 2(3), or if the President fails to make a
determination with respect to such compliance, the President shall, for
a period of time not less than the period described in subsection (b),
impose one or more of the following sanctions:
(1) Denial of visas to plo and palestinian authority
officials.--The Secretary of State shall not issue a visa to
any member of the PLO or any official of the Palestinian
Authority.
(2) Downgrade in status of plo office in the united
states.--Notwithstanding any other provision of law, the
President shall withdraw or terminate any waiver by the
President of the requirements of section 1003 of the Foreign
Relations Authorization Act of 1988 and 1989 (22 U.S.C. 5202)
(prohibiting the establishment or maintenance of a Palestinian
information office in the United States), and such section
shall apply so as to prohibit the operation of a PLO or
Palestinian Authority office in the United States from carrying
out any function other than those functions carried out by the
Palestinian information office in existence prior to the Oslo
Accords.
(3) Designation as a foreign terrorist organization.--The
President shall designate the PLO, or one or more of its
constituent groups (including Fatah and Tanzim) or groups
operating as arms of the Palestinian Authority (including Force
17) as a foreign terrorist organization, in accordance with
section 219(a) of the Immigration and Nationality Act.
(4) Prohibition on united states assistance to the west
bank and gaza.--United States assistance (except humanitarian
assistance) shall not be provided to programs or projects in
the West Bank or Gaza.
(b) Duration of Sanctions.--The period of time referred to in
subsection (a) is the period of time commencing on the date that the
report pursuant to section 3 was transmitted and ending on the later
of--
(1) the date that is six months after such date; or
(2) the date that the next report under section 3 is
required to be transmitted.
(c) Waiver Authority.--The President may waive any or all of the
sanctions imposed under subsection (a) if the President determines that
such a waiver is in the national security interest of the United
States. The President shall report such a determination to the
appropriate congressional committees. | Middle East Peace Commitments Act of 2001 - Imposes specified sanctions with respect to the Palestine Liberation Organization (PLO) or the Palestinian Authority if the President determines that such entities have not complied with certain commitments made with Israel. Authorizes the President to waive such sanctions in the U.S. national security interest. | {"src": "billsum_train", "title": "To require the imposition of sanctions with respect to the Palestine Liberation Organization (PLO) or the Palestinian Authority if the President determines that these entities have not complied with certain commitments made by the entities, and for other purposes."} | 1,665 | 74 | 0.394354 | 1.012773 | 0.186007 | 2.607143 | 28.535714 | 0.892857 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare
Telehealth Improvement Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Increase in number of types of originating sites.
Sec. 3. Expansion of practitioners eligible to furnish telehealth
services.
Sec. 4. Improvement of process for updating the list of telehealth
services.
SEC. 2. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES.
(a) Increase.--Section 1834(m)(4)(C)(ii) of the Social Security Act
(42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the
following new subclauses:
``(VI) A skilled nursing facility
(as defined in section 1819(a)).
``(VII) A renal dialysis facility.
``(VIII) A community mental health
center (as defined in section
1861(ff)(3)(B)), a qualified community
program described in 1913(b)(1) of the
Public Health Service Act, and a county
mental health clinic.
``(IX) Any other site that has a
telecommunications system.''.
(b) No Facility Fee for Certain Originating Sites.--Section
1834(m)(2) of the Social Security Act (42 U.S.C. 1395m(m)(2)) is
amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``With respect'' and inserting ``Subject to
subparagraph (D), with respect''; and
(2) by adding at the end the following new subparagraph:
``(D) No facility fee for certain originating
sites.--
``(i) In general.--No facility fee shall be
paid to an originating site described in
paragraph (4)(C)(ii)(IX).
``(ii) No change in payment to distant
site.--Clause (i) shall not be construed to
affect the payment to a distant site under
subparagraph (A).''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date that is 90 days after
the date of enactment of this Act.
SEC. 3. EXPANSION OF PRACTITIONERS ELIGIBLE TO FURNISH TELEHEALTH
SERVICES.
(a) In General.--Section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) is amended--
(1) in paragraph (1), by striking ``(as defined in section
1861(r)) or a practitioner (described in section
1842(b)(18)(C))'' and inserting ``or a practitioner''; and
(2) in paragraph (4), by striking subparagraph (E) and
inserting the following new subparagraph:
``(E) Practitioner.--The term `practitioner'
means--
``(i) a practitioner described in section
1842(b)(18)(C);
``(ii) a physical therapist (as described
in section 1861(p));
``(iii) an occupational therapist (as so
described);
``(iv) a qualified speech-language
pathologist (as defined in section
1861(ll)(3)(A));
``(v) a qualified audiologist (as defined
in section 1861(ll)(3)(B));
``(vi) a certified provider (as described
in section 1861(qq)(2)(A)); and
``(vii) any other individual or entity
determined appropriate by the Secretary.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to services furnished on or after the date that is 90 days after
the date of enactment of this Act.
SEC. 4. IMPROVEMENT OF PROCESS FOR UPDATING THE LIST OF TELEHEALTH
SERVICES.
(a) In General.--Section 1834(m)(4)(F)(ii) of the Social Security
Act (42 U.S.C. 1395m(m)(4)(F)(ii)) is amended by adding at the end the
following sentences: ``Such process shall require the Secretary to take
into account the recommendations of the Telehealth Advisory Committee
(as established under section 4(b) of the Medicare Telehealth
Improvement Act of 2008) when adding or deleting services (and HCPCS
codes). If the Secretary does not implement a recommendation of the
Telehealth Advisory Committee, the Secretary shall publish in the
Federal Register a statement regarding the reason such recommendation
was not implemented.''.
(b) Telehealth Advisory Committee.--
(1) Establishment.--On and after the date that is 6 months
after the date of enactment of this Act, the Secretary of
Health and Human Services (in this subsection referred to as
the ``Secretary'') shall have in place a Telehealth Advisory
Committee (in this subsection referred to as the ``Advisory
Committee'') to make recommendations to the Secretary on the
appropriate addition or deletion of services (and HCPCS codes)
to those specified in paragraph (4)(F)(i) of section 1834(m) of
the Social Security Act (42 U.S.C. 1395m(m)) for authorized
payment under paragraph (1) of such section.
(2) Membership; terms.--
(A) Membership.--
(i) In general.--The Advisory Committee
shall be composed of 7 members, to be appointed
by the Secretary, of whom--
(I) five shall be practicing
physicians; and
(II) two shall be practicing non-
physician health care providers.
(ii) Requirements for appointing members.--
In appointing members of the Advisory
Committee, the Secretary shall--
(I) ensure that each member has
prior experience with the practice of
telemedicine or telehealth;
(II) give preference to individuals
who are currently providing
telemedicine or telehealth services;
(III) ensure that the membership of
the Advisory Committee represents a
balance of specialties and geographic
regions; and
(IV) take into account the
recommendations of stakeholders.
(B) Terms.--The members of the Advisory Committee
shall serve for such term as the Secretary may specify.
(3) Meetings.--The Advisory Committee shall meet twice per
year and at such other times as the Advisory Committee may
provide.
(4) Permanent committee.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
(5) Waiver of administrative limitation.--The Secretary
shall establish the Advisory Committee notwithstanding any
limitation that may apply to the number of advisory committees
that may be established (within the Department of Health and
Human Services or otherwise). | Medicare Telehealth Improvement Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act with respect to telehealth services to provide for: (1) an increase in the number of types of originating sites; (2) no facility fee for certain such sites; (3) expansion of practitioners eligible to furnish telehealth services; and (4) changes in the process for updating the list of telehealth services.
Directs the Secretary of Health and Human Services to set up a Telehealth Advisory Committee to make recommendations on the appropriate addition or deletion of telehealth services and Healthcare Common Procedure Coding System (HCPCS) codes. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve the provision of telehealth services under the Medicare program."} | 1,628 | 136 | 0.581624 | 1.480689 | 0.695977 | 3.10084 | 10.92437 | 0.915966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Assault Firearms Elimination
and Reduction for our Streets Act''.
SEC. 2. ASSAULT WEAPON TURN-IN CREDIT.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting before
section 26 the following new section:
``SEC. 25E. ASSAULT WEAPON TURN-IN CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who
surrenders a specified assault weapon to the United States or a
State or local government (or political subdivision thereof) as
part of a Federal, State, or local public safety program to
reduce the number of privately owned weapons, on the election
of the taxpayer there shall be allowed as a credit against the
tax imposed by this chapter an amount equal to $2,000.
``(2) Year credit allowed.--The amount of the credit under
paragraph (1) shall be allowed \1/2\ for the taxable year
during which the assault weapon was so surrendered and \1/2\ in
the next taxable year.
``(b) Special Rules.--
``(1) Weapon must be lawfully possessed.--No credit shall
be allowed under subsection (a) with respect to any specified
assault weapon not lawfully possessed by the taxpayer at the
time the weapon is surrendered.
``(2) Substantiation requirement.--No credit shall be
allowed under subsection (a) for the surrender of any specified
assault weapon unless the taxpayer substantiates the surrender
by a contemporaneous written acknowledgment of the surrender by
the Federal, State, or local governmental entity to which the
weapon is surrendered.
``(3) Denial of double benefit.--The taxpayer may elect the
application of this section with respect to only 1 weapon, and
if such election is made for any taxable year, no deduction
shall be allowed under any other provision of this chapter with
respect to the surrender or contribution of the specified
assault weapon.
``(c) Assault Weapon.--For purposes of this section--
``(1) In general.--The term `specified assault weapon'
means any of the following:
``(A) The following rifles or copies or duplicates
thereof:
``(i) AK, AKM, AKS, AK-47, AK-74, ARM,
MAK90, Misr, NHM 90, NHM 91, SA 85, SA 93,
VEPR,
``(ii) AR-10,
``(iii) AR-15, Bushmaster XM15, Armalite
M15, or Olympic Arms PCR,
``(iv) AR70,
``(v) Calico Liberty,
``(vi) Dragunov SVD Sniper Rifle or
Dragunov SVU,
``(vii) Fabrique National FN/FAL, FN/LAR,
or FNC,
``(viii) Hi-Point Carbine,
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1,
``(x) Kel-Tec Sub Rifle,
``(xi) M1 Carbine,
``(xii) Saiga,
``(xiii) SAR-8, SAR-4800,
``(xiv) SKS with detachable magazine,
``(xv) SLG 95,
``(xvi) SLR 95 or 96,
``(xvii) Steyr AUG,
``(xviii) Sturm, Ruger Mini-14,
``(xix) Tavor,
``(xx) Thompson 1927, Thompson M1, or
Thompson 1927 Commando, or
``(xxi) Uzi, Galil and Uzi Sporter, Galil
Sporter, or Galil Sniper Rifle (Galatz).
``(B) The following pistols or copies or duplicates
thereof:
``(i) Calico M-110,
``(ii) MAC-10, MAC-11, or MPA3,
``(iii) Olympic Arms OA,
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or
AB-10, or
``(v) Uzi.
``(C) The following shotguns or copies or
duplicates thereof:
``(i) Armscor 30 BG,
``(ii) SPAS 12 or LAW 12,
``(iii) Striker 12, or
``(iv) Streetsweeper.
``(D) A semiautomatic rifle that has an ability to
accept a detachable magazine, and that has--
``(i) a folding or telescoping stock,
``(ii) a threaded barrel,
``(iii) a pistol grip,
``(iv) a forward grip, or
``(v) a barrel shroud.
``(E)(i) Except as provided in clause (ii), a
semiautomatic rifle that has a fixed magazine with the
capacity to accept more than 10 rounds.
``(ii) Clause (i) shall not apply to an attached
tubular device designed to accept, and capable of
operating only with, .22 caliber rimfire ammunition.
``(F) A semiautomatic pistol that has the ability
to accept a detachable magazine, and has--
``(i) a second pistol grip,
``(ii) a threaded barrel,
``(iii) a barrel shroud, or
``(iv) the capacity to accept a detachable
magazine at a location outside of the pistol
grip.
``(G) A semiautomatic pistol with a fixed magazine
that has the capacity to accept more than 10 rounds.
``(H) A semiautomatic shotgun that has--
``(i) a folding or telescoping stock,
``(ii) a pistol grip,
``(iii) the ability to accept a detachable
magazine, or
``(iv) a fixed magazine capacity of more
than 5 rounds.
``(I) A shotgun with a revolving cylinder.
``(J) A frame or receiver that is identical to, or
based substantially on the frame or receiver of, a
firearm described in any of subparagraphs (A) through
(I) or (L).
``(K) A conversion kit.
``(L) A semiautomatic rifle or shotgun originally
designed for military or law enforcement use, or a
firearm based on the design of such a firearm, that is
not particularly suitable for sporting purposes, as
determined by the Attorney General. In making the
determination, there shall be a rebuttable presumption
that a firearm procured for use by the United States
military or any Federal law enforcement agency is not
particularly suitable for sporting purposes, and a
firearm shall not be determined to be particularly
suitable for sporting purposes solely because the
firearm is suitable for use in a sporting event.
``(2) Related definitions.--
``(A) Barrel shroud.--The term `barrel shroud'
means a shroud that is attached to, or partially or
completely encircles, the barrel of a firearm so that
the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide
that encloses the barrel, and does not include an
extension of the stock along the bottom of the barrel
which does not encircle or substantially encircle the
barrel.
``(B) Conversion kit.--The term `conversion kit'
means any part or combination of parts designed and
intended for use in converting a firearm into a
semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be
assembled if the parts are in the possession or under
the control of a person.
``(C) Detachable magazine.--The term `detachable
magazine' means an ammunition feeding device that can
readily be inserted into a firearm.
``(D) Fixed magazine.--The term `fixed magazine'
means an ammunition feeding device contained in, or
permanently attached to, a firearm.
``(E) Folding or telescoping stock.--The term
`folding or telescoping stock' means a stock that
folds, telescopes, or otherwise operates to reduce the
length, size, or any other dimension, or otherwise
enhances the concealability, of a firearm.
``(F) Forward grip.--The term `forward grip' means
a grip located forward of the trigger that functions as
a pistol grip.
``(G) Pistol grip.--The term `pistol grip' means a
grip, a thumbhole stock, or any other characteristic
that can function as a grip.
``(H) Threaded barrel.--The term `threaded barrel'
means a feature or characteristic that is designed in
such a manner to allow for the attachment of a firearm
as defined in section 5845(a) of the National Firearms
Act (26 U.S.C. 5845(a)).
``(d) Termination.--This section shall not apply with respect to
any weapon surrendered during a taxable year beginning more than 2
years after the date of the enactment of the Support Assault Firearms
Elimination and Reduction for our Streets Act.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 is amended by inserting before the
item relating to section 26 the following new item:
``Sec. 25E. Assault weapon turn-in credit.''.
(c) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after the date of the enactment of this Act. | Support Assault Firearms Elimination and Reduction for our Streets Act Amends the Internal Revenue Code to allow an individual taxpayer to elect a tax credit of $2,000 for surrendering a specified assault weapon, as defined by this Act, as part of a public safety program to reduce the number of privately owned weapons. Terminates such credit two years after the enactment of this Act. | {"src": "billsum_train", "title": "Support Assault Firearms Elimination and Reduction for our Streets Act"} | 2,328 | 87 | 0.588368 | 1.365858 | 1.182055 | 3.328571 | 27.528571 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Claims Procedures
Improvement Act of 2003''.
SEC. 2. TIME LIMITATION ON INFORMATION TO COMPLETE CLAIM.
Section 5102 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(c)(1) If the Secretary notifies a claimant and the claimant's
representative, if any, under subsection (b) that certain information
is necessary to complete the claimant's application and that
information is not received by the Secretary within one year from the
date of such notification, no benefit may be paid or furnished by
reason of the claimant's application.
``(2) This subsection shall not apply to any application or claim
for Government life insurance benefits.''.
SEC. 3. EFFECT OF NOTICE TO CLAIMANTS OF REQUIRED INFORMATION AND
EVIDENCE.
(a) Notice Required to Be in Writing.--Subsection (a) of section
5103 of title 38, United States Code, is amended by inserting ``in
writing'' in the first sentence after ``shall notify''.
(b) Time Limitation.--Subsection (b) of that section is amended--
(1) in paragraph (1), by striking ``if such'' and all that
follows through ``application'' and inserting ``such
information or evidence must be submitted within the time
period specified by the Secretary, which period shall end not
less than 60 days after the date of such notification or one
year from the date of application, whichever is later'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Secretary may in any case extend for good cause the time
period under paragraph (1) for submitting information or evidence.
``(3) The limitation in paragraph (1) shall not be construed to
prohibit the Secretary from making a decision on a claim before the end
of the period specified under that paragraph. If the Secretary issues a
decision before the end of the period specified in paragraph (1) and
information or evidence pertinent to the claim is received within that
period, the prior decision shall be readjudicated, the information or
evidence shall be considered, and a new decision shall be issued.''.
(c) Effect on Prior Cases.--In the case of a claimant for benefits
under laws administered by the Secretary of Veterans Affairs who
asserts that after November 9, 2000, the claimant was misled by a
notification from the Secretary that information and evidence needed to
substantiate the claim was required to be submitted before the end of
the one-year period provided in section 5103 of title 38, United States
Code, the claimant may request to have the prior decision vacated and a
new decision issued. Upon receiving such a request, the Secretary shall
vacate the decision and issue a new decision if the request,
information, and evidence are submitted not later than one year after
the date of the enactment of this Act. Unless there is a timely request
from the claimant or the claimant's legal representative, nothing in
this Act shall be construed as establishing a duty on the part of the
Secretary of Veterans Affairs to locate and readjudicate a claim
described in this subsection.
SEC. 4. CLARIFICATION OF PROCEDURES APPLICABLE TO FILING A NOTICE OF
DISAGREEMENT WITH THE BOARD OF VETERANS APPEALS.
(a) Notice of Disagreement.--Section 7105 of title 38, United
States Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f), respectively; and
(2) by striking subsection (a) and inserting the following:
``(a) Appellate review shall be initiated by a written notice
submitted to the Secretary expressing disagreement with an initial
determination of the Secretary. Such a notice may be referred to as a
`notice of disagreement'. Unless the claimant or the claimant's
representative clearly indicates that the claimant does not want
appellate review of the determination in whole or in part, any such
notice shall be sufficient to initiate appellate review of the
determination.
``(b)(1) If it is not clear from the claimant's notice whether or
not appellate review is desired or what issue or issues are being
appealed, the claimant shall be notified in writing and requested to
provide clarification. Any such notification shall indicate that the
adjudicative determination will be final if no valid notice of
disagreement is received before the end of the 60-day period beginning
on the date on which the request for clarification is sent or the one-
year period beginning on the date of the adjudicative determination,
whichever is later.
``(2) Unless clarification requested under paragraph (1) is
received within the time period prescribed in that paragraph or within
any extension of time granted by the Secretary for good cause, the
document shall not be treated as a notice of disagreement.
``(c) In order to proceed on the appeal, the claimant must submit a
written substantive appeal after a statement of the case is furnished
as prescribed in this section. The appellant shall be accorded hearing
and representation rights in accordance with this chapter and
regulations of the Secretary.''.
(b) Manner of Filing Notice of Disagreement.--Paragraph (1) of
subsection (d) of such section, as redesignated by subsection (a)(1),
is amended--
(1) in the first sentence--
(A) by inserting ``or as otherwise provided in
subsection (b),'' after ``contested claims,''; and
(B) by striking ``initial review or determination''
and inserting ``the initial determination''; and
(2) in the second sentence, by striking ``notice, and'' and
all that follows and inserting ``notice and appeal must be
filed with the Secretary.''.
(c) Conforming Amendments.--(1) Paragraph (1) of subsection (f) of
such section, as redesignated by subsection (a)(1), is amended--
(A) in the first sentence, by striking ``the decision of''
and all that follows through ``deems proper'' and inserting
``the Secretary, the Secretary shall take such development or
review action as the Secretary considers proper''; and
(B) in the second sentence, by striking ``such agency'' and
inserting ``the Secretary''.
(2) Paragraph (3) of such subsection is amended by striking ``The
agency of original jurisdiction'' at the beginning of the last sentence
and inserting ``The Secretary''. | Veterans Claims Procedures Improvement Act of 2003 - Prohibits payment or furnishing of veterans' benefits, if the Secretary of Veterans Affairs notifies a benefit claimant that certain information is necessary to complete the claimant's application and such information is not received by the Secretary within one year after such notification.
Requires written notification to a claimant by the Secretary of additional information or evidence needed to complete a claim application. (Current law requires notification, but does not specify that the notification must be written.) Requires the claimant to submit to the Secretary such additional information or evidence within the time period specified by the Secretary, which period shall end not less than 60 days after the date of such notification or one year from the date of application, whichever is later. Allows the Secretary to: (1) extend the time limits for good cause; and (2) decide a claim before the end of such limits.
Revises appellate review procedures applicable to filing a notice of disagreement with the Board of Veterans Appeals to require a claimant to be notified in writing to provide clarification on whether or not appellate review is desired or what issue or issues are being appealed. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to make certain improvements in the procedures for adjudication of claims for benefits under laws administered by the Secretary of Veterans Affairs."} | 1,483 | 255 | 0.683236 | 2.042886 | 0.868259 | 4.846154 | 6.257919 | 0.918552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Relief Act of 2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Medical liability insurance premiums are soaring to the
highest rates since the mid-1980s.
(2) The average increase for 2001 was approximately 15
percent, and it is predicted that rates could rise as much as
50 percent this year for some specialties in some regions.
(3) Some of the largest insurers are raising rates more
than 30 percent in many States.
(4) In 1999, jury awards in claims cases jumped 7 percent
compared to the previous year. In addition, according to Jury
Verdict Research, it cost 30 percent more to settle a suit than
it did just a year before in 1998.
(5) About 45 percent of the jury awards in 1998-99 were for
that amount or more, up from 39 percent during the preceding 12
months.
(6) Physicians in West Virginia, New York, Pennsylvania,
Mississippi, Florida, and other southeastern States are already
in crisis. In New York and Florida, obstetricians,
gynecologists, and surgeons routinely pay more than $100,000 a
year for $1,000,000 coverage. Some are paying more than
$200,000.
(b) Purpose.--It is the purpose of this Act to implement health
care liability reforms designed to--
(1) protect access of all Americans to good health care and
competent physicians; and
(2) relieve the undue burden on physicians that is created
by excessive medical malpractice claims and judgments.
SEC. 3. PUNITIVE DAMAGES.
(a) In General.--Punitive damages may, if otherwise permitted by
applicable State or Federal law, be awarded against any person in a
health care lawsuit only if it is proven by clear and convincing
evidence that such person acted with malicious intent to injure the
claimant, or that such person deliberately failed to avoid unnecessary
injury that such person knew the claimant was substantially certain to
suffer. In any health care lawsuit where no judgment for compensatory
damages is rendered against such person, no punitive damages may be
awarded with respect to the claim in such lawsuit. No demand for
punitive damages shall be included in a health care lawsuit as
initially filed. A court may allow a claimant to file an amended
pleading for punitive damages only upon a motion by the claimant and
after a finding by the court, upon review of supporting and opposing
affidavits, or after a hearing, after weighing the evidence, that the
claimant has established by a substantial probability that the claimant
will prevail on the claim for punitive damages. At the request of any
party in a health care lawsuit, the trier of fact shall consider in a
separate proceeding--
(1) whether punitive damages are to be awarded and the
amount of such award; and
(2) the amount of punitive damages following a
determination of punitive liability.
If a separate proceeding is requested, evidence relevant only to the
claim for punitive damages, as determined by applicable State law,
shall be inadmissible in any proceeding to determine whether
compensatory damages are to be awarded.
(b) Determining Amount of Punitive Damages.--
(1) Factors considered.--In determining the amount of
punitive damages, the trier of fact shall consider only the
following:
(A) The severity of the harm caused by the conduct
of such party.
(B) The duration of the conduct or any concealment
of it by such party.
(C) The profitability of the conduct to such party.
(D) The number of products sold or medical
procedures rendered for compensation, as the case may
be, by such party, of the kind causing the harm
complained of by the claimant.
(E) Any criminal penalties imposed on such party,
as a result of the conduct complained of by the
claimant.
(F) The amount of any civil fines assessed against
such party as a result of the conduct complained of by
the claimant.
(2) Maximum award.--The amount of punitive damages awarded
in a health care lawsuit may be up to as much as two times the
amount of economic damages awarded or $250,000, whichever is
greater. The jury shall not be informed of this limitation.
SEC. 4. TAX CREDIT FOR MEDICAL MALPRACTICE LIABILITY INSURANCE
PREMIUMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. MEDICAL MALPRACTICE LIABILITY INSURANCE PREMIUMS.
``(a) In General.--For purposes of section 38, the medical
malpractice liability insurance premium credit determined under this
section is the amount paid or incurred during the taxable year for
medical malpractice liability insurance coverage for the medical
malpractice liability of a physician who is the taxpayer or any
employee of the taxpayer.
``(b) Limitation.--The credit allowed by subsection (a) for any
taxable year shall not exceed $2,000 with respect to each covered
physician.''
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
is amended by striking ``plus'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(16) the medical malpractice liability insurance premium
credit determined under section 45G(a).''.
(c) No Carrybacks.--Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused credits) is amended
by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the medical malpractice liability
insurance premium credit determined under section 45G may be
carried back to a taxable year ending before the date of the
enactment of section 45G.''.
(d) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(d) Credit for Medical Malpractice Liability Insurance
Premiums.--
``(1) In general.--No deduction shall be allowed for that
portion of the medical malpractice liability insurance premiums
otherwise allowable as a deduction for the taxable year which
is equal to the amount of the credit allowable for the taxable
year under section 45G (determined without regard to section
38(c)).
``(2) Controlled groups.--In the case of a corporation
which is a member of a controlled group of corporations (within
the meaning of section 41(f)(5)) or a trade or business which
is treated as being under common control with other trades or
business (within the meaning of section 41(f)(1)(B)), this
subsection shall be applied under rules prescribed by the
Secretary similar to the rules applicable under subparagraphs
(A) and (B) of section 41(f)(1).''.
(e) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45G. Medical malpractice liability
insurance premiums.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act in taxable years ending after such date. | Physician Relief Act of 2003 - Sets forth rules governing punitive damages in health care lawsuits.Amends the Internal Revenue Code to allow a limited credit for medical malpractice liability insurance premiums. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for medical malpractice liability insurance premiums, and for other purposes."} | 1,726 | 45 | 0.414143 | 1.055636 | 0.704371 | 2.882353 | 45.411765 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Liberian Refugee Immigration
Protection Act of 2007''.
SEC. 2. ADJUSTMENT OF STATUS OF CERTAIN LIBERIAN NATIONALS.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Secretary
of Homeland Security to that of an alien lawfully admitted for
permanent residence, if the alien--
(A) applies for such adjustment before April 1,
2009;
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (5), (6)(A), and (7)(A) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Secretary of Homeland Security grants the
application, the Secretary of Homeland Security shall cancel
the order. If the Secretary of Homeland Security renders a
final administrative decision to deny the application, the
order shall be effective and enforceable to the same extent as
if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is a national of Liberia; and
(2)(A) who was granted temporary protected status on or
after March 27, 1991; or
(B) was eligible to apply for temporary protected status on
or after March 27, 1991.
(c) Stay of Removal.--
(1) In general.--The Secretary of Homeland Security shall
provide by regulation for an alien subject to a final order of
deportation or removal or exclusion to seek a stay of such
order based on the filing of an application under subsection
(a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Secretary
of Homeland Security shall not order any alien to be removed
from the United States, if the alien is in exclusion,
deportation, or removal proceedings under any provision of such
Act and raises as a defense to such an order the eligibility of
the alien to apply for adjustment of status under subsection
(a), except where the Secretary of Homeland Security has
rendered a final administrative determination to deny the
application.
(3) Work authorization.--The Secretary of Homeland Security
may authorize an alien who has applied for adjustment of status
under subsection (a) to engage in employment in the United
States during the pendency of such application and may provide
the alien with an ``employment authorized'' endorsement or
other appropriate document signifying authorization of
employment, except that if such application is pending for a
period exceeding 180 days, and has not been denied, the
Secretary of Homeland Security shall authorize such employment.
(d) Adjustment of Status for Spouses and Children.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of an alien shall
be adjusted by the Secretary of Homeland Security to that of an
alien lawfully admitted for permanent residence, if--
(A) the alien is a national of Liberia;
(B) the alien is the spouse, child, or unmarried
son or daughter, of an alien whose status is adjusted
to that of an alien lawfully admitted for permanent
residence under subsection (a), except that in the case
of such an unmarried son or daughter, the son or
daughter shall be required to establish that they have
been physically present in the United States for at
least 1 year and is physically present in the United
States on the date the application for such adjustment
is filed;
(C) the alien applies for such adjustment and is
physically present in the United States on the date the
application is filed; and
(D) the alien is otherwise eligible to receive an
immigration visa and is otherwise admissible to the
United States for permanent residence, except in
determining such admissibility the grounds for
exclusion specified in paragraphs (4), (5), (6)(A), and
(7)(A) of section 212(a) of the Immigration and
Nationality Act shall not apply.
(2) Proof of continuous presence.--For purposes of
establishing the period of continuous physical presence
referred to in paragraph (1)(B), an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the United
States for any periods in aggregate not exceeding 180 days.
(e) Availability of Administrative Review.--The Secretary of
Homeland Security shall provide to applicants for adjustment of status
under subsection (a) the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(f) Limitation on Judicial Review.--A determination by the
Secretary of Homeland Security as to whether the status of any alien
should be adjusted under this section is final and shall not be subject
to review by any court.
(g) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(h) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Secretary of Homeland Security
in the administration and enforcement of such Act or any other law
relating to immigration, nationality, or naturalization. The fact that
an alien may be eligible to be granted the status of having been
lawfully admitted for permanent residence under this section shall not
preclude the alien from seeking such status under any other provision
of law for which the alien may be eligible. | Liberian Refugee Immigration Protection Act of 2007 - Provides for the permanent resident status adjustment of certain Liberian nationals who were granted, or are eligible to apply for, temporary protected status on or after March 27, 1991. | {"src": "billsum_train", "title": "To adjust the immigration status of certain Liberian nationals who were provided refuge in the United States."} | 1,443 | 49 | 0.630701 | 1.481952 | 1.055409 | 3.097561 | 33.536585 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ROTC and Military Recruiter Equal
Access to Campus Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Reserve Officers Training Corps (ROTC) program is
the most common path for undergraduates to become United States
military officers.
(2) The inclusion of both public and private undergraduate
institutions in the ROTC program insures a more racially,
ethnically, and socially diverse pool for leadership in the
higher ranks of the Armed Forces.
(3) The majority of both minority officers and female
officers in the Armed Forces are acquired through undergraduate
ROTC programs.
(4) The presence of ROTC programs on college campuses
benefits even those students who are not enrolled by making
them aware of the presence and role of the United States
military.
(5) Land-grant colleges received land from the United
States on the condition that they offer some military
instruction in addition to their regular curriculum, forming
the basis for the Nation's tradition of college and university
acceptance of responsibility to contribute to the Nation's
readiness.
(6) The Armed Forces face a constant challenge in
recruiting top-quality personnel that ROTC programs are ideally
suited to meet.
(7) Military recruiters should have access to college
campuses and to college students equal in quality and scope to
that provided all other employers.
(8) If any college or university discriminates against ROTC
programs or military recruiters, then under current law that
college or university becomes ineligible for certain Federal
taxpayer support, especially funding for many military and
defense programs.
(9) The personnel and programs of the Department of
Homeland Security and the Department of Energy are mutually
dependent upon a high caliber of well-educated, professional
leadership in the Armed Forces in order to protect the people
and territory of the United States.
(10) In order to more fully promote the ability of the
Nation's Armed Forces to recruit on college campuses and to
facilitate the ability of students to participate in ROTC
programs on campus, the laws to prevent discrimination against
ROTC and military recruiters should be updated.
SEC. 3. CERTIFICATION OF COMPLIANCE WITH ROTC ACCESS PROVISIONS.
Subsection (a) of section 983 of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``No funds'';
(2) by striking ``prevents--'' and inserting ``prevents,
either (or both) of the following:'';
(3) by striking ``(1) the'' and inserting ``(A) The'';
(4) by striking ``; or'' and inserting a period;
(5) by striking ``(2) a'' and inserting ``(B) A''; and
(6) by adding at the end the following:
``(2)(A) Not later than 180 days after the date of the enactment of
the ROTC and Military Recruiter Equal Access to Campus Act of 2004 and
annually thereafter, the Secretary of Defense shall request from each
institution of higher education that has students participating in a
Senior Reserve Officer Training Corps program during the then-current
academic year of that institution a certification that such
institution, during the next academic year of the institution, will--
``(i) permit the Secretary of each military department to
maintain a unit of the Senior Officer Training Corps (in
accordance with subsection (a)) at that institution (or any
subelement of that institution), should such Secretary elect to
maintain such a unit; and
``(ii) if the Secretary of the military department
concerned elects not to establish or maintain a unit of the
Senior Reserve Officer Training Corps at that institution,
permit a student of that institution (or any subelement of that
institution) to enroll in a unit of the Senior Reserve Officer
Training Corps at another institution of higher education.
``(B) Any certification under subparagraph (A) shall be made by the
president of the institution (or equivalent highest ranking
administrative official) and shall be submitted to the Secretary of
Defense no later than 90 days after receipt of the request from the
Secretary.
``(C) In the case of any institution from which a certification is
requested under subparagraph (A), if the Secretary of Defense does not
receive a certification in accordance with subparagraph (B), or if the
certification does not state that the university will comply with both
clauses (i) and (ii) of subparagraph (A) during its next academic year,
the Secretary shall make a determination under paragraph (1) as to
whether the institution has a policy or practice described in that
paragraph.''.
SEC. 4. EQUAL TREATMENT OF MILITARY RECRUITERS WITH OTHER RECRUITERS.
Subsection (b)(1) of section 983 of title 10, United States Code,
is amended--
(1) by striking ``entry to campuses'' and inserting
``access to campuses''; and
(2) by inserting before the semicolon at the end the
following: ``in a manner that is at least equal in quality and
scope to the degree of access to campuses and to students that
is provided to any other employer''.
SEC. 5. PROHIBITION OF FUNDING FOR POST-SECONDARY SCHOOLS THAT PREVENT
ROTC ACCESS OR MILITARY RECRUITING.
(a) Covered Funds.--Subsection (d) of section 983 of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``limitation established in
subsection (a) applies'' and inserting ``limitations
established in subsections (a) and (b) apply'';
(B) in subparagraph (B), by inserting ``for any
department or agency for which regular appropriations
are made'' after ``made available''; and
(C) by adding at the end the following new
subparagraphs:
``(C) Any funds made available for the Department of
Homeland Security.
``(D) Any funds made available for the National Nuclear
Security Administration of the Department of Energy.
``(E) Any funds made available for the Department of
Transportation.
``(F) Any funds made available for the Central Intelligence
Agency.''; and
(2) by striking paragraph (2).
(b) Conforming Amendments.--(1) Subsection (b) of such section is
amended by striking ``subsection (d)(2)'' and inserting ``subsection
(d)(1)''.
(2) Subsection (e) of such section is amended by inserting ``, to
the head of each other department and agency the funds of which are
subject to the determination,'' after ``Secretary of Education''.
SEC. 6. EXCLUSION OF AMOUNTS TO COVER INDIVIDUAL PAYMENTS.
(a) Codification and Extension of Exclusion.--Subsection (d) of
section 983 of title 10, United States Code, as amended by section
5(a), is further amended--
(1) by striking ``The'' after ``(1)'' and inserting
``Except as provided in paragraph (2), the''; and
(2) by adding at the end the following new paragraph:
``(2) Any Federal funding specified in paragraph (1) that is
provided to an institution of higher education, or to an individual, to
be available solely for student financial assistance, related
administrative costs, or costs associated with attendance, may be used
for the purpose for which the funding is provided.''.
(b) Conforming Amendments.--Subsections (a) and (b) of such section
are amended by striking ``(including a grant of funds to be available
for student aid)''.
(c) Conforming Repeal of Codified Provision.--Section 8120 of the
Department of Defense Appropriations Act, 2000 (Public Law 106-79; 10
U.S.C. 983 note), is repealed.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to funds
appropriated for fiscal year 2005 and thereafter.
Passed the House of Representatives March 30, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | ROTC and Military Recruiter Equal Access to Campus Act of 2004 - Amends Federal armed forces provisions to direct the Secretary to annually request, from each institution of higher education that has students participating at that institution in a Senior ROTC program during that academic year, a certification that the institution will, during the next academic year: (1) permit the Secretary of each military department to maintain a unit of the Senior ROTC at that institution, should the department Secretary elect to maintain such a unit; and (2) if the department Secretary elects not to maintain such a unit, permit a student of that institution to enroll in a Senior ROTC unit at another institution.
Denies the provision of funds made available for certain Federal departments and agencies to institutions of higher education unless military recruiters are provided access to campuses at such institutions that is at least equal in quality and scope to the access to campuses and students that is provided to any other employer. Adds the Department of Homeland Security, the National Nuclear Security Administration, and the Central Intelligence Agency to the list of Federal departments and agencies whose funds will be denied to postsecondary schools that prevent ROTC access or military recruiting. Codifies under Federal armed forces law a provision of the Department of Defense Appropriations Act, 2000 which excludes from such funding prohibition any amounts provided solely for student financial assistance, related administrative costs, or costs associated with attendance. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to improve the ability of the Department of Defense to establish and maintain Senior Reserve Officer Training Corps units at institutions of higher education, to improve the ability of students to participate in Senior ROTC programs, and to ensure that institutions of higher education provide military recruiters entry to campuses and access to students that is at least equal in quality and scope to that provided to any other employer."} | 1,821 | 298 | 0.588041 | 1.732324 | 0.748797 | 3.826415 | 6.433962 | 0.935849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Crunch Relief Act of 1993''.
SEC. 2. EXEMPTION FROM LOAN DOCUMENTATION REVIEW.
Section 10 of the Federal Deposit Insurance Act (12 U.S.C. 1820) is
amended by adding at the end the following new subsection:
``(h) Exemption From Loan Documentation Review.--
``(1) Definitions.--For purposes of this subsection--
``(A) the term `adequately capitalized' has the
same meaning as in section 38;
``(B) the term `eligible depository institution'
means a depository institution that--
``(i) is adequately capitalized; and
``(ii) has a CAMEL or MACRO composite
rating of 1 or 2 under the Uniform Financial
Institutions Rating System as of the most
recent examination of such institution by the
appropriate Federal banking agency;
``(C) the term `small business' has the meaning
given to such term by the Administrator of the Small
Business Administration;
``(D) the term `small farm' has the meaning given
to such term by the Secretary of Agriculture; and
``(E) the term `qualifying loan' means a loan to a
small business or a small farm that is identified by an
eligible depository institution under paragraph (3) and
that otherwise meets the requirements of this
subsection.
``(2) Exemption.--Except to the extent provided by an order
or regulation of an appropriate Federal banking agency, a
depository institution examiner may not consider the adequacy
of the documentation accompanying the extension of qualifying
loans by an eligible depository institution in making any
examination or evaluation of the institution under this
section. Qualifying loans shall be evaluated by the appropriate
Federal banking agency solely on the performance of such loans.
``(3) Qualifying loans.--An eligible depository institution
may identify a portion of its portfolio of loans to small
businesses or to small farms, in writing, as qualifying loans
for purposes of the exemption provided in paragraph (2).
``(4) Limitations.--
``(A) Loan types and amounts.--A loan may not be
considered to be a qualifying loan if--
``(i) inclusion of the loan in the total
number of qualifying loans identified by an
eligible depository institution would result in
an aggregate value of all qualifying loans made
by that institution equal to more than 40
percent of the total capital of the
institution;
``(ii) the loan amount is more than the
lesser of--
``(I) $900,000; or
``(II) 5 percent of the total
capital of the eligible depository
institution; or
``(iii) the borrower is an executive
officer, director, or principal shareholder of
such institution.
``(B) Adjustments.--Each appropriate Federal
banking agency may adjust the limitations set forth in
subparagraph (A), to permit eligible depository
institutions to make additional qualifying loans,
consistent with preserving the safety and soundness of
such institutions, in order to further promote credit
availability.
``(5) Internal documentation.--An eligible depository
institution shall--
``(A) maintain an aggregate list or accounting
segregation of its qualifying loans which includes the
current performance status of each such loan; and
``(B) fully evaluate and maintain an internal
record of the collectibility of each qualifying loan in
determining the adequacy of its allowance for loan and
lease losses or general valuation allowance
attributable to such loan.
``(6) Loss of eligibility.--A depository institution may
not identify any new qualifying loans (including loan renewals)
for purposes of the exemption provided in paragraph (2) at any
time during which it fails to meet the eligibility requirements
of this subsection.''.
SEC. 3. PRESIDENTIAL REVIEW AND AUTHORITY TO SUSPEND.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the President shall conduct a thorough review and
evaluation of all statutory and regulatory provisions affecting insured
depository institutions. This review shall include an analysis of--
(1) the purposes of the provision;
(2) the effectiveness of the provision in achieving such
purposes;
(3) whether any other provision provides an alternative or
duplicative means of achieving those purposes;
(4) the cost imposed by compliance with the provisions upon
insured depository institutions and consumers; and
(5) the relationship between the provision, its compliance
costs, and the availability of credit in the United States.
(b) Authority To Suspend.--If the President makes a determination
described in subsection (c), the President may, by executive order,
suspend the applicability of--
(1) any Federal law affecting insured depository
institutions or depository institution holding companies (or
any portion thereof); and
(2) any regulation or guideline promulgated by any of the
Federal banking agencies (or any portion thereof).
(c) Determination.--The President may not suspend the applicability
of any law, regulation, or guideline under subsection (b) unless the
President determines that--
(1) the Federal law, regulation, or guideline has
accomplished its goal and the law, regulation, or guideline is
therefore no longer necessary;
(2) the law, regulation, or guideline is not as effective
in achieving its intended purpose as other available
alternatives that would impose lesser costs on financial
institutions, their customers, or the economy;
(3) the cost of compliance with the law, regulation, or
guideline outweighs the potential benefits sought to be
accomplished by the law, regulation, or guideline; or
(4) the law, regulation, or guideline has a negative impact
on the availability of credit in the United States which
outweighs the benefits sought to be accomplished by the law,
regulation, or guideline.
(d) Publication and Effective Date.--A Presidential order issued
pursuant to this section shall be published in the Federal Register,
and shall become effective 30 days after such publication, unless the
President, for good cause, determines that a shorter period is
necessary and in the public interest.
(e) Consultation.--Prior to making a determination under subsection
(b) that a law, regulation, or guideline is to be suspended, the
President shall consult with the Secretary of the Treasury, the
Chairperson of the Federal Deposit Insurance Corporation, the Chairman
of the Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, and the Director of the Office of Thrift
Supervision.
(f) Notification.--The President shall notify the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Banking, Finance and Urban Affairs of the House of Representatives
prior to issuing any order under subsection (b).
(g) Restriction.--Nothing in this section authorizes the President
to suspend any law, regulation, or guideline--
(1) that is necessary for the safe and sound operation of
insured depository institutions; or
(2) that--
(A) prohibits discrimination in the provision of
financial services based on race, sex, national origin,
marital status, or age;
(B) relates directly to the conduct of monetary
policy; or
(C) pertains to an enforcement proceeding or
supervisory action with respect to a particular
institution or party.
(h) Sunset.--The authority of the President to suspend any law,
regulation, or guideline under this section shall terminate on January
1, 1997.
(i) Incorporated Definitions.--For purposes of this section, the
terms ``Federal banking agencies'' and ``insured depository
institution'' have the same meanings as in section 3 of the Federal
Deposit Insurance Act.
SEC. 4. NEW FEDERAL BANKING REGULATIONS SUBJECT TO REGULATORY IMPACT
ANALYSIS.
(a) Regulatory Impact Analysis.--
(1) In general.--No new regulation shall be promulgated by
an appropriate Federal banking agency until such agency has
conducted a regulatory impact analysis and concluded that the
benefits of the proposed regulation outweigh the costs of
implementing and complying with the regulation, including the
particular benefits and costs of compliance with the proposed
regulation for small banks.
(2) New regulations.--For purposes of this subsection, a
regulation shall be considered to be ``new'' if it is
promulgated, modified, amended, or reissued on or after the
date of enactment of this Act.
(b) Costs.--In reviewing the costs of implementing and complying
with a proposed regulation under subsection (a), the appropriate
Federal banking agency shall consider the impact of the proposed
regulation on--
(1) the national economy (including the potential for job
creation);
(2) consumers;
(3) small businesses;
(4) small banks (including administrative and personnel
costs);
(5) other users of financial services; and
(6) new paperwork and documentation requirements.
(c) Benefits.--In reviewing the benefits of a proposed regulation
under subsection (a), the appropriate Federal banking agency shall
consider the benefits of the proposed regulation to--
(1) the public;
(2) taxpayers; and
(3) the overall safety and soundness of the Nation's
banking system.
(d) Easing Burden on Small Banks.--In conducting the regulatory
impact analysis under subsection (a), the appropriate Federal banking
agency shall consider including in the proposed regulation a provision
that eases the regulatory burden on small banks, including special
compliance provisions.
(e) Estimate Required.--The regulatory impact analysis required by
subsection (a) shall include an estimate of the number of small banks
and small businesses that will be affected by the regulation.
(f) Definitions.--For the purposes of this section, the following
definitions shall apply:
(1) Incorporated definitions.--The terms ``appropriate
Federal banking agency'' and ``bank'', have the same meanings
as in section 3 of the Federal Deposit Insurance Act.
(2) Regulatory impact analysis.--The term ``regulatory
impact analysis'' means a review of the potential costs and
benefits of a proposed regulation, and in particular, the costs
to small banks and their customers.
(3) Small bank.--The term ``small bank'' means a bank or
savings association with total assets of not more than
$400,000,000.
SEC. 5. PRESUMPTION OF COMPLIANCE WITH COMMUNITY REINVESTMENT ACT.
Section 804 of the Community Reinvestment Act of 1977 (12 U.S.C.
2903) is amended by adding at the end the following new subsection:
``(c) Safe Harbor Provision.--
``(1) Presumption of compliance.--In the evaluation of an
application for a deposit facility by a regulated financial
institution that has received a rating of `Satisfactory' or
`Outstanding' in the most recent written evaluation of its
record under section 807(b), the institution shall be entitled
to a presumption, rebuttable by clear and convincing evidence,
that it is meeting the credit needs of the entire community and
is otherwise in compliance with the requirements of this title.
``(2) Resolution of disputes.--The appropriate Federal
financial supervisory agency shall resolve any disputed
evaluation of compliance with this title not later than 30 days
after the dispute arises.''.
SEC. 6. EXTENSION OF EFFECTIVE DATE.
Section 132 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (12 U.S.C. 1831p-1 note) is amended--
(1) in subsection (b), by striking ``August 1, 1993'' and
inserting ``January 1, 1996''; and
(2) by amending subsection (c) to read as follows:
``(c) Effective Date.--The amendment made by subsection (a) shall
become effective on January 1, 1996.''.
SEC. 7. CONSUMER SURVEYS AND REPORT.
(a) Surveys.--Not later than 6 months after the date of enactment
of this Act, each of the Federal banking agencies (as defined in
section 3 of the Federal Deposit Insurance Act) shall conduct a
statistically valid survey of financial services consumers to determine
the general public awareness of, perceived benefits to consumers of,
and cost effectiveness of the Federal banking laws under which the
agency operates that are intended for the protection of such consumers,
including, but not limited to--
(1) the Expedited Funds Availability Act;
(2) the Truth in Lending Act;
(3) the Truth in Savings Act;
(4) the Real Estate Settlement Procedures Act of 1974;
(5) the Home Mortgage Disclosure Act of 1975;
(6) the Fair Credit Reporting Act;
(7) the Equal Credit Opportunity Act;
(8) the Community Reinvestment Act of 1977;
(9) the Home Equity Loan Consumer Protection Act;
(10) the Fair Credit and Charge Card Disclosure Act; and
(11) the rules and regulations promulgated under those
Acts.
(b) Report.--Not later than 30 days after completion of its survey
under subsection (a), each of the Federal banking agencies shall submit
a report of the results of its survey to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Banking,
Finance and Urban Affairs of the House of Representatives. | Credit Crunch Relief Act of 1993 - Amends the Federal Deposit Insurance Act to exempt from certain loan documentation review requirements a loan to a small business or small farm that is identified by an eligible depository institution as a qualifying loan. Provides loan limitation amounts for such qualifying loans, allowing for certain adjustments.
Directs the President to: (1) conduct a thorough review and evaluation of all statutory and regulatory provisions affecting insured depository institutions; and (2) if determined appropriate, suspend the applicability of any Federal law or regulation or guideline promulgated by a Federal banking agency affecting such insured depository institutions. Requires Federal Register publication of such an order, as well as congressional notification. Prohibits a new regulation from being promulgated by a Federal banking agency until the agency has conducted a regulatory impact analysis and arrived at certain positive conclusions with respect to the costs and benefits of such regulation.
Amends the Community Reinvestment Act of 1977 to presume compliance with meeting credit needs for a regulated financial institution that has received satisfactory or outstanding ratings in its most recent written evaluation.
Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to extend until January 1, 1996, the required promulgation of final standards for insured depository institution operational and managerial safety and soundness.
Requires each Federal banking agency to: (1) conduct a survey of financial services users to determine awareness and benefits of Federal banking laws; and (2) report to specified congressional committees on survey results. | {"src": "billsum_train", "title": "Credit Crunch Relief Act of 1993"} | 2,900 | 322 | 0.550223 | 1.600067 | 0.834023 | 2.687943 | 9.574468 | 0.865248 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Tolerance for Repeat Polluters
Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) if a person or entity that is the subject of a civil
enforcement action under an environmental law has previously
violated an environmental law at the same site or facility or
for the same regulated activity, the person or entity--
(A) was apparently not deterred by the previous
Federal or State enforcement action; and
(B) should be subject to an additional penalty to
achieve the goal of deterrence; and
(2) because of the daily penalty maximums specified in
environmental law in effect on the date of enactment of this
Act, the penalty assessed for a violation that results in a
single catastrophic event may not be great enough to reflect
the serious actual or potential public health or environmental
consequences of the violation.
(b) Purpose.--The purpose of this Act is to provide for the
assessment of an increased civil penalty in a case in which--
(1) a person or entity that is the subject of a civil
environmental enforcement action has previously violated an
environmental law at the same site or facility or for the same
regulated activity; or
(2) a violation of an environmental law results in a
catastrophic event.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means--
(A) the Administrator of the Environmental
Protection Agency; and
(B) to the extent that a State has been delegated,
authorized, or approved authority to enforce an
environmental law, the State.
(2) Environmental law.--The term ``environmental law''
means any of the following laws (including any regulation,
permit, or other requirement, any administrative or judicial
judgment, settlement agreement, order or decree on consent, and
any administrative or judicial order issued or imposed under
any such law):
(A) The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
(B) The Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
(C) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
(D) The Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.).
(E) The Act to Prevent Pollution from Ships (33
U.S.C. 1901 et seq.).
(F) The Shore Protection Act of 1988 (33 U.S.C.
2601 et seq.).
(G) The Safe Drinking Water Act (42 U.S.C. 300f et
seq.).
(H) The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.).
(I) The Clean Air Act (42 U.S.C. 7401 et seq.).
(J) The Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(K) The Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001 et seq.).
(L) Chapter 51 of title 49, United States Code.
(M) Chapter 601 of title 49, United States Code.
(3) Person.--The term ``person'' means a person, site or
facility owner or operator, or other responsible party
identified under a law listed in paragraph (2).
(4) Related party.--The term ``related party'' means--
(A) a person having a relationship described in
Section 267(b) of the Internal Revenue Code of 1986 to
the owner or operator; and
(B) a predecessor of the owner or operator
(including, in the case of a merger of 2 or more
independent corporations, each of the previously
independent corporations).
(5) Repeat violation.--The term ``repeat violation'' means
the violation by a repeat violator that is the subject of a
finding and enforcement action, criminal action, or other
agency action described in paragraph (6).
(6) Repeat violator.--The term ``repeat violator'' means a
person that has been found, in a final Federal or State
administrative, criminal, or civil judicial action, order,
settlement agreement, or consent decree, to have violated--
(A) the same environmental law at the same site or
facility or for the same regulated activity at least
twice during the preceding 5-year period; or
(B) any environmental law at the same site or
facility or for the same regulated activity at least
twice during the preceding 3-year period.
SEC. 4. ADDITIONAL PENALTY FOR REPEAT VIOLATIONS.
(a) In General.--In a civil judicial or administrative proceeding
brought against a repeat violator for a subsequent violation of the
same environmental law or separate environmental laws at 1 or more
sites or facilities owned or operated by the repeat violator, or for
violations for the same regulated activity under 1 or more
environmental laws, the repeat violator shall be assessed up to--
(1) an additional penalty of 25 percent of the maximum
penalty assessable per day of violation for the first repeat
violation under the applicable environmental law;
(2) an additional penalty of 50 percent of the maximum
penalty assessable per day of violation for the second repeat
violation under the applicable environmental law; and
(3) an additional penalty of 100 percent of the maximum
penalty assessable per day of violation under the applicable
environmental law for the third and each subsequent violation.
(b) Transfer of Ownership or Operation.--The transfer of ownership
or operation of a site or facility by the owner or operator of the site
or facility to a related party shall not affect the liability of the
owner or operator with respect to a repeat violation under this
section.
SEC. 5. ADDITIONAL PENALTY FOR CATASTROPHIC EVENTS.
(a) Definitions.--In this section:
(1) Catastrophic event.--The term ``catastrophic event''
means a release of pollutants under any environmental law that
results in--
(A) the potential for serious human injury or
death, or serious environmental damage; or
(B) serious human injury or death, or serious
environmental damage.
(2) Criteria air pollutant.--The term ``criteria air
pollutant'' means an air pollutant listed under section 108 of
the Clean Air Act (42 U.S.C. 7408).
(3) Hazardous air pollutant.--The term ``hazardous air
pollutant'' has the meaning given the term in section 112(a) of
the Clean Air Act (42 U.S.C. 7412(a)).
(4) Hazardous substance.--The term ``hazardous substance''
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(5) Ozone-depleting substance.--The term ``ozone-depleting
substance'' means a class I substance or a class II substance,
as defined in section 601 of the Clean Air Act (42 U.S.C.
7671).
(b) Additional Penalty.--
(1) In general.--In addition to a civil penalty assessed in
a judicial or administrative proceeding under another
environmental law, the Administrator shall assess an additional
penalty for each catastrophic event against the violator--
(A) in the case of a catastrophic event that
results in the potential for serious human injury or
death, or serious environmental damage, but that does
not have a result described in subparagraph (B) or (C),
a minimum of--
(i) $10,000 per pound of hazardous air
pollutant emitted in the course of the
catastrophic event;
(ii) $10,000 per ton of criteria air
pollutant or ozone-depleting substance emitted
in the course of the catastrophic event; and
(iii) $10,000 for each quantity of
hazardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40, Code
of Federal Regulations (or any successor
regulation), released in the course of the
catastrophic event;
(B) in the case of a catastrophic event that
results either in a serious human injury or death, or
in serious environmental damage, a minimum of--
(i) $15,000 per pound of hazardous air
pollutant emitted in the course of the
catastrophic event; and
(ii) $15,000 per ton of criteria air
pollutant or ozone-depleting substance emitted
in the course of the catastrophic event; and
(iii) $15,000 for each quantity of
hazardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40, Code
of Federal Regulations (or any successor
regulation), released in the course of the
catastrophic event; and
(C) in the case of a catastrophic event that
results both in a serious human injury or death and in
serious environmental damage, a minimum of--
(i) $25,000 per pound of hazardous air
pollutant emitted in the course of the
catastrophic event;
(ii) $25,000 per ton of criteria air
pollutant or ozone-depleting substance emitted
in the course of the catastrophic event; and
(iii) $25,000 for each quantity of
hazardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40, Code
of Federal Regulations (or any successor
regulation), released in the course of the
catastrophic event.
(2) Air pollutants falling within multiple categories.--For
the purpose of determining an additional civil penalty under
paragraph (1), if an air pollutant is both a hazardous air
pollutant and a criteria air pollutant, hazardous substance, or
ozone-depleting substance, the air pollutant shall be
considered to be a hazardous air pollutant.
(c) Preventive Measures.--In addition to any measures required to
be implemented under any other provision of law, the Administrator may
require in an order, consent decree, settlement agreement, permit, or
other enforceable mechanism that a violator against which a penalty is
assessed under subsection (b) shall implement preventive measures,
including additional monitoring, recordkeeping, reporting, training,
and other design, equipment, work practice, and operational
requirements.
SEC. 6. PRESERVATION OF AUTHORITY.
Nothing in this Act limits the authority of the Administrator--
(1) to assess appropriate penalties, on consideration of
relevant factors, under any environmental law; or
(2) to impose more stringent requirements and penalties or
exercise any civil or criminal authority in the case of repeat
violators or catastrophic events.
SEC. 7. EMERGENCY ORDER AND CIVIL ACTION PENALTY AUTHORITY.
(a) In General.--Notwithstanding any other provision of law, the
Administrator may, with respect to any person or entity responsible for
creating a condition that may present an imminent and substantial
endangerment to human health or the environment in violation of an
environmental law, issue an administrative order or bring a civil
action in United States District Court, seeking such relief as is
necessary to protect human health or the environment.
(b) Penalty.--A person or entity described in subsection (a) may be
fined not less than $25,000 and not more than $10,000,000, to be paid
into the Health and Environment Trust Fund of the Environmental
Protection Agency.
(c) Availability of Funds.--The Administrator shall make funds in
the Health and Environmental Trust Fund available for withdrawals,
without further Act of appropriation, in an amount not to exceed
$500,000 for each project, to pay costs incurred by the Federal
Government in addressing a health or environmental threat--
(1) for which a fine was collected under subsection (b);
and
(2) in accordance with the statutory authority under which
the action seeking payment of the fine was initiated. | Prescribes minimum additional penalties for catastrophic events of pollutant releases that result in serious human injury or death or serious environmental damage (or the potential for such injury, death, or damage) or in both serious human injury or death and in serious environmental damage. Bases penalties on the amounts of hazardous air pollutants, criteria air pollutants (as defined under the Clean Air Act), or ozone-depleting substances emitted, or hazardous substances released, in the course of the event, with the highest penalties for cases in which injury or death and environmental damage occur.
Authorizes the Administrator of the Environmental Protection Agency (EPA), with respect to any person responsible for creating a condition that may present an imminent and substantial endangerment to human health or the environment in violation of an environmental law, to issue an administrative order or bring a civil action seeking relief as necessary to protect human health or the environment. Limits the maximum relief to $10 million, to be paid into the EPA Health and Environmental Trust Fund. Makes the Trust Fund available to pay costs incurred by the Federal Government in addressing a health or environmental threat for which a fine was collected under this section and in accordance with the statutory authority under which the action seeking payment was initiated. | {"src": "billsum_train", "title": "Zero Tolerance for Repeat Polluters Act of 2000"} | 2,707 | 264 | 0.513156 | 1.498883 | 0.691306 | 4.188285 | 10.083682 | 0.941423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Zero Waste Development and Expansion
Act of 2017''.
SEC. 2. GRANT PROGRAM.
The Administrator of the Environmental Protection Agency (in this
Act referred to as the ``Administrator'') shall award grants to local
governments or consortia of local governments, which may be acting in
coordination with one or more nongovernmental entities. The grants
shall be used to develop solid waste prevention, reuse, and recycling
tactics and operations, which may include--
(1) development or deployment of technologies or practices
to increase rates of waste prevention, reuse, recycling, or
composting;
(2) capital investment in infrastructure to start or expand
waste prevention, reuse, recycling, composting, or product
reuse programs;
(3) partnerships with local businesses interested in
incorporating new technologies or processes to reduce or
prevent waste in production or packaging; or
(4) community outreach and public education programming,
including programming to--
(A) increase community knowledge of effective waste
prevention, reuse, recycling, or composting; and
(B) increase behavior that will reduce overall
household waste generation.
SEC. 3. GRANT REVIEW.
(a) Grant Awardees.--Grants shall be awarded under this Act to
applicants that collectively represent a range of existing waste
prevention, reuse, recycling, and composting rates. In order to be
considered for this award, applicants must--
(1) set specific waste prevention, reuse, recycling,
composting, or public education goals that will bring
communities closer to zero waste;
(2) have a clearly established plan to use grant funds for
one or more of the purposes described in section 2; and
(3) meet other criteria as determined by the Administrator.
(b) Additional Factors.--Additional weight may be given to the
applications of local governments or consortia that--
(1) have statutorily committed to zero waste principles;
(2) demonstrate job creation;
(3) have partnerships with domestic manufacturers who will
use locally recycled materials to spur the growth of domestic
manufacturing businesses and the creation of domestic
manufacturing jobs;
(4) address the disproportionate environmental, health, and
economic burden of waste disposal that is borne by communities
of color and low income;
(5) propose to use funds for waste prevention, reuse, or
recycling programs in schools;
(6) employ adaptive management practices to identify and
address unintended consequences as they arise, including
potential contamination of land, water, air, or food;
(7) have a demonstrated need for additional investment in
infrastructure and programs to achieve waste prevention, reuse,
or recycling;
(8) will drive technologies for product reuse, recycling,
composting, or waste prevention;
(9) demonstrate ways in which the grant will encourage
further investment in waste prevention, reuse, recycling, or
composting projects; or
(10) incorporate multistakeholder involvement, including
nonprofit, commercial, and public sector partners.
SEC. 4. REPORTING.
Grant awardees shall report to the Administrator the results of
their project and relevant data requested by the Administrator to track
the grant program's impact.
SEC. 5. ANNUAL CONFERENCE.
The Administrator shall convene or co-convene an annual conference
for current, past, and potential grantees, and other stakeholders, to
learn from each other's experiences in moving toward a zero waste goal.
SEC. 6. DEFINITIONS.
In this Act:
(1) Recycling.--The term ``recycling'' means processing
material that has reached the end of its current use into
material utilized in the production of new products. The term
does not include incineration.
(2) Reuse.--The term ``reuse'' means extending the life of
a product, packaging, or resources by either using it more than
once for the same or a new function with little to no
processing, or repairing it so it can be used longer, sharing
or renting it, or selling or donating it to another party. The
term does not include incineration.
(3) Waste prevention.--The term ``waste prevention''
includes--
(A) measures or techniques that reduce the amount
of wastes generated during industrial production
processes; and
(B) reuse, recycling, and other efforts to reduce
the amount of waste going into the waste stream.
(4) Zero waste.--The term ``zero waste'' is a goal that is
ethical, economical, efficient, and visionary, to guide people
in changing their lifestyles and practices to emulate
sustainable natural cycles, where all discarded materials are
designed to become resources for others to use. Zero waste
means designing and managing products and processes to
systematically avoid and eliminate the volume and toxicity of
waste and materials, conserve and recover all resources, and
not burn or bury them. Implementing zero waste will eliminate
all discharges to land, water, or air that are a threat to
planetary, human, animal, or plant health.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator
$100,000,000 for the period encompassing fiscal years 2018 through 2023
for carrying out this Act. | Zero Waste Development and Expansion Act of 2017 This bill requires the Environmental Protection Agency (EPA) to award grants to local governments for developing solid waste prevention, reuse, and recycling tactics and operations. Applicants must set specific waste prevention, reuse, recycling, composting, or public education goals that will bring communities closer to zero waste. Zero waste is a goal to guide people towards emulating sustainable natural cycles, where all discarded materials are designed to become resources for others to use. The EPA must convene an annual conference for grantees and other stakeholders to learn about moving toward a zero waste goal. | {"src": "billsum_train", "title": "Zero Waste Development and Expansion Act of 2017"} | 1,088 | 130 | 0.592074 | 1.589121 | 0.717139 | 5.304348 | 9.26087 | 0.904348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadcast Ownership for the 21st
Century Act''.
SEC. 2. REVISION OF DUOPOLY RULES.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following new section:
``SEC. 338. REVISION OF DUOPOLY RULES.
``(a) Limitation on Duopoly Rules.--The Commission shall not
prohibit a person or entity directly from owning, operating, or
controlling or having a cognizable interest in--
``(1) two stations with overlapping coverage contours if
each station is located in a separate television market, or
``(2) two television stations within the same television
market, if at least one of such stations is a UHF television
station.
``(b) Protection of Existing Local Marketing Agreements.--All local
marketing or time brokerage agreements between two broadcast television
stations, located in the same television market, that were signed prior
to the date of enactment of the Broadcast Ownership for the 21st
Century Act, shall be exempt from the television duopoly rule. The
Commission shall take no action that impairs the renewability or
transferability (or both) of these arrangements by either the parties
or their successors or assigns.
``(c) VHF Stations.--The Commission, in unusual and compelling
circumstances, may permit a person or entity to directly or indirectly
own, operate, or control or have a cognizable interest in, two VHF
television stations within the same television market, if the applicant
demonstrates to the satisfaction of the Commission that permitting such
ownership, operation, or control will not significantly harm
competition and will not significantly harm the preservation of a
diversity of media voices in the local television market.''.
SEC. 3. CROSS-OWNERSHIP LIMITATIONS.
(a) Rule Changes Required.--The Federal Communications Commission
shall modify section 73.3555 of its regulations (47 C.F.R. 73.3555)--
(1) by eliminating any provisions limiting the granting or
renewal of an AM, FM, or TV broadcast station license to any
party (including parties under common control) on the basis of
the ownership, operation, or control by such party of a daily
newspaper; and
(2) by eliminating the one-to-a-market rule in section
73.3555(c) of such regulations.
(b) Preservation of Cognizable Interest Rule.--In modifying such
section 73.3555 of its regulations, the Commission shall not treat a
minority voting stock interest as a cognizable interest if there is a
single holder of more than 50 percent of the outstanding voting stock
of the corporate broadcast licensee, cable television system, or daily
newspaper in which the minority interest is held.
(c) Cable Cross-Ownership Limitations.--Section 613(c) of the
Communications Act of 1934 (47 U.S.C. 533(c)) is amended--
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding paragraph (1), the Commission may not
prohibit or limit a person or entity from holding any form of ownership
or other interest in a broadcasting station and a cable system serving
the same community.''.
(d) Dual-Network Rules.--The Federal Communications Commission
shall revise section 73.658(g) of its regulations (47 C.F.R. 73.658(g))
to permit a television broadcast station to affiliate with--
``(1) a person or entity that maintains two or more
networks of television broadcast stations unless such dual or
multiple networks are composed of two or more persons or
entities that, on February 8, 1996, offered an interconnected
program service on a regular basis for 15 hours or more per
week to at least 25 affiliated television licensees in 10 or
more States; or
``(2) any person or entity controlling, controlled by, or
under common control with such a person or entity described in
paragraph (1).
(e) Deadline for Actions.--The Federal Communications Commission
shall complete all actions necessary to complete the modifications
required by this section within 90 days after the date of enactment of
this Act.
SEC. 4. LIMITATION ON FEDERAL COMMUNICATIONS COMMISSION AUTHORITY.
(a) Amendment.--Section 202(c)(1)(B) of the Telecommunications Act
of 1996 is amended by striking ``35 percent'' and inserting ``45
percent''.
(b) Deadline for Implementation.--The Federal Communications
Commission shall amend its regulations to implement the amendment made
by subsection (a) within 90 days after the date of enactment of this
Act. In amending such regulations, the Commission shall not revise
section 73.3555(e)(2)(i) of its regulations (47 C.F.R.
73.3555(e)(2)(i)).
SEC. 5. RECIPROCAL TREATMENT OF FOREIGN OWNERSHIP RESTRICTIONS.
Subsection (b) of section 310 of the Communications Act of 1934 (47
U.S.C. 310(b)) is amended to read as follows:
``(b) Foreign Ownership Limitations.--
``(1) In general.--No broadcast or common carrier or
aeronautical en route or aeronautical fixed radio station
license shall be granted to or held by--
``(A) any alien or the representative of any alien;
``(B) any corporation organized under the laws of
any foreign country;
``(C) any corporation of which more than one-fifth
of any class of the capital stock is owned of record or
voted by aliens or their representatives or by a
foreign government or representative thereof or by any
corporation organized under the laws of a foreign
country;
``(D) any corporation directly or indirectly
controlled by any other corporation of which more than
one-fourth of any class of the capital stock is owned
of record or voted by aliens, their representatives, or
by a foreign government or representative thereof, or
by any corporation organized under the laws of a
foreign country, if the Commission finds that the
public interest will be served by the refusal or
revocation of such license.
``(2) Reciprocal treatment for broadcast stations.--In the
case of a broadcast station license, if the foreign country or
foreign government referred to in subparagraph (C) or (D) of
paragraph of (1) regularly permits broadcast station licenses
to be granted to or held by--
``(A) any corporation of which more than one-fifth
of the capital stock is owned of record or voted by one
or more United States persons;
``(B) any corporation directly or indirectly
controlled by any other corporation of which more than
one-fourth of the capital stock is owned of record or
voted by one or more United States persons;
then the Commission shall apply such subparagraphs (C) and (D)
by permitting an alien, corporation, government, or
representative from such foreign country to own a portion of
the class of the capital stock of the corporation seeking or
holding the broadcast station license equal to the portion of
the corresponding class of the capital stock of a corporation
holding a broadcast station license in such foreign country
that are permitted by such foreign country or foreign
government to be held by an individual citizen, corporation,
government, or representative from the United States, except
that the Commission shall not be required by this paragraph to
permit a portion of such capital stock ownership representing
voting stock higher than 40 percent.
``(3) Definition of united states persons.--For purposes of
paragraph (2), the term `United States person' means--
``(A) any corporation organized under the laws of a
State;
``(B) an individual who is a citizen of the United
States;
``(C) a government of the United States or any
State; or
``(D) a representative of any of the individuals or
entities described in subparagraphs (A) through (C) of
this paragraph.''. | Broadcast Ownership for the 21st Century Act - Amends the Communications Act of 1934 to mandate that the Federal Communications Commission (FCC) shall not prohibit a person or entity directly from owning, operating, controlling, or having a cognizable interest in: (1) two television (TV) stations with overlapping coverage areas if each station is located in a separate TV market; or (2) two TV stations within the same market, if at least one of such stations is a UHF TV station. Provides for: (1) protection of existing local marketing agreements between two broadcast TV stations within the same market; and (2) FCC authority to permit an entity to own or operate two VHF stations within the same market, under certain circumstances.
Directs the FCC to modify current cross-ownership limitations by eliminating: (1) provisions limiting the granting or renewal of an AM, FM, or TV broadcast station license to any party on the basis of the ownership, operation, or control of a daily newspaper; and (2) the one-to-a-market rule. Disallows the FCC to prohibit or limit a person or entity from holding any form of ownership or other interest in a broadcast station and a cable system serving the same community. Directs the FCC to permit a TV broadcast station to affiliate with a person or entity that maintains two or more networks of TV broadcast stations, with a limited exception.
Amends the Telecommunications Act of 1996 to direct the FCC to modify its rules for multiple ownership of TV broadcast stations to increase to 45 (currently 35) percent the national audience reach limitations for TV stations owned by the same entity or person.
Revises provisions prohibiting the granting of radio station licenses to aliens or foreign entities to allow the granting of such a license to the same manner and extent to which such alien's or entity's country allows the granting of such a license to a U.S. person or entity. | {"src": "billsum_train", "title": "Broadcast Ownership for the 21st Century Act"} | 1,835 | 423 | 0.663442 | 1.945764 | 0.791477 | 4.076923 | 4.291777 | 0.904509 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Lake Berryessa
Recreation Enhancement Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purposes.
Sec. 3. Definitions.
Sec. 4. Transfer of administrative jurisdiction.
Sec. 5. Management of Recreation Area.
Sec. 6. Continued authorities of Commissioner of Reclamation.
Sec. 7. Existing authorizations.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) the Monticello Dam--
(A) was authorized by the Reclamation Project Act
of 1939 (53 Stat. 1187);
(B) resulted in the formation of Lake Berryessa;
and
(C) is operated by the Bureau of Reclamation;
(2) Lake Berryessa--
(A) covers approximately 28,915 acres of surface
water and land;
(B) has 165 miles of shoreline;
(C) has a 2,000 acre wildlife area on the east
side;
(D) is located less than 100 miles from both
Sacramento, California and San Francisco, California;
and
(E) has become an important regional recreation
destination; and
(3) the recreational use at Lake Berryessa generates
tourism that is important to local economies.
(b) Purposes.--The purposes of this Act are--
(1) to provide diverse, high quality recreational
facilities and services on the water and land surrounding Lake
Berryessa;
(2) to conserve the natural, scenic, scientific, historic,
economic, recreational, and other resource values contributing
to the public use and enjoyment of that land and water;
(3) to promote cooperation between the Federal Government
and private entities to manage that exceptional resource;
(4) to authorize the Secretary to manage certain resources
under the Bureau of Land Management; and
(5) to transfer administrative jurisdiction over certain
Federal land for management as a unit of the Bureau of Land
Management.
SEC. 3. DEFINITIONS.
In this Act:
(1) Dam.--The term ``Dam'' means--
(A) the Monticello Dam; and
(B) any facility relating to the Monticello Dam.
(2) Recreation area.--The term ``Recreation Area'' means
the Lake Berryessa Recreation Area designated by section 4(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of
California.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION.
(a) Establishment.--Subject to valid existing rights, there is
established the Lake Berryessa Recreational Area, the boundaries of
which are described in subsection (c). In administering the Recreation
Area, the Secretary shall not--
(1) diminish the levels of day-use occupancy, short-term
occupancy and annual occupancy as set forth in the recreational
use plan adopted by the Bureau of Reclamation on June 2, 2006,
for the Recreation Area;
(2) diminish motorized boating or alter the ``Water Surface
Zoning and Restrictions'' developed under Action 17 of the 1993
Recreation Area Management Plan Record of Decision and
continued in the recreational use plan adopted by the Bureau of
Reclamation on June 2, 2006, for the Recreation Area;
(3) close trails or limit recreational hiking and equine
access to trails on lands in the Recreation Area; and
(4) negatively impact hunting, fishing, shooting sports, or
trapping on the lands and waters within the boundaries of the
Recreation Area.
(b) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over the Federal land described in subsection (c),
including any improvements thereon, is transferred from the Bureau of
Reclamation to the Bureau of Land Management for administration of the
Recreation Area.
(c) Description of Land.--The land referred to in subsection (a) is
the approximately 30,221 acres of land administered by the Bureau of
Reclamation that is underlying or adjacent to Lake Berryessa and
identified as ``Lake Berryessa Reclamation Lands Solono Project'' on
the map dated September 15, 2014.
SEC. 5. MANAGEMENT OF RECREATION AREA.
(a) In General.--Subject to the authority of the Secretary under
section 6, the Secretary shall manage the Recreation Area in accordance
with sections 601 through 604 of Public Law 93-493.
(b) Applicable Law.--Subject to valid existing rights, the
Secretary shall administer the Recreation Area in accordance with laws
(including regulations) applicable to units of the public lands of the
Bureau of Land Management.
(c) Waters.--Nothing in this Act--
(1) affects the use or allocation, in existence on the date
of the enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of the enactment of this
Act, including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of the enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights;
(5) relinquishes or reduces any water rights reserved or
appropriated by the United States in the State on or before the
date of the enactment of this Act;
(6) impairs the ability of the Bureau of Reclamation and
its managing partners to operate, maintain, or manage
Monticello Dam and other Solano Project facilities in
accordance with the purposes of such project; or
(7) modifies, changes, or supersedes any water contract or
agreements approved or administered by the Bureau of
Reclamation or Solano County Water Agency or Solano Irrigation
District.
(d) Existing Agreements.--To benefit the interests of the public,
the Secretary shall act in accordance with any agreement in existence
on the date of the enactment of this Act, including those with any
organization for the management of--
(1) campgrounds located in the Recreation Area;
(2) marinas located in the Recreation Area;
(3) lodging facilities located in the Recreation Area;
(4) food and beverage services located in the Recreation
Area; and
(5) boating and boat rental facilities located in the
Recreation Area.
(e) Adoption of Recreational Use Plan.--To manage the Recreation
Area, the Secretary shall adopt and use the recreational use plan
adopted by the Bureau of Reclamation on June 2, 2006, for the
Recreational Area. The adoption of this plan shall not constitute a
major federal action for the purposes of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.). This action is not subject
to judicial review.
SEC. 6. CONTINUED AUTHORITIES OF COMMISSIONER OF RECLAMATION.
Nothing in this Act or any subsequent management plan shall impair
the ability of the Bureau of Reclamation and its managing partners to
operate, maintain, or manage Monticello Dam, Lake Berryessa, and other
Solano Project facilities in accordance with that project's authorized
purposes. The Commissioner of Reclamation shall continue to administer
and operate--
(1) the Dam; and
(2) any power facility relating to the Dam.
SEC. 7. EXISTING AUTHORIZATIONS.
(a) In General.--Except as provided in subsections (b) and (c),
nothing in this Act affects any authorization in effect as of the date
of the enactment of this Act made by any department or agency of the
Federal Government for the use of land or water located within the
Recreation Area (referred to in this section as an ``existing
authorization'').
(b) Assumption of Existing Authorization.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall assume
the administration of any existing authorization, with such revisions
as necessary to align the authorization with existing law and policies
of the Bureau of Land Management.
(c) Renewal of Existing Authorization.--The renewal of any existing
authorization shall be made in accordance with such terms and
conditions as the Secretary may prescribe. | Lake Berryessa Recreation Enhancement Act of 2014 - (Sec. 4) Transfers the administrative jurisdiction over specified land underlying or adjacent to Lake Berryessa in California from the Bureau of Reclamation to the Bureau of Land Management (BLM) for administration as the Lake Berryessa Recreation Area. Prohibits the Secretary of the Interior from diminishing or altering: (1) day-use, short-term, or annual occupancy levels; (2) motorized boating or water surface zoning restrictions; (3) recreational hiking or equine access; or (4) hunting, fishing, shooting sports, or trapping within the area. (Sec. 5) Directs the Secretary to act in accordance with any existing agreement with any organization for the management of campgrounds, marinas, lodging facilities, food and beverage services, and boating and boat rental facilities located in the Area. Requires the Secretary to adopt the recreational use plan adopted by the Bureau of Reclamation on June 2, 2006. (Sec. 6) Declares that nothing in this Act or any subsequent management plan shall impair the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with that project's authorized purposes. Requires the Commissioner of Reclamation to continue to administer and operate the Dam and any power facility related to it. | {"src": "billsum_train", "title": "Lake Berryessa Recreation Enhancement Act of 2014"} | 1,846 | 319 | 0.677233 | 2.238413 | 0.71742 | 4.900383 | 6.367816 | 0.94636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Worker Prevention Act.''
SEC. 2. DEBARMENT OF FEDERAL CONTRACTORS NOT IN COMPLIANCE WITH
IMMIGRATION AND NATIONALITY ACT EMPLOYMENT PROVISIONS.
(a) Policy.--It is the policy of the United States that--
(1) the heads of executive agencies in procuring goods and
services should not contract with an employer that has not
complied with paragraphs (1)(A) and (2) of section 274A(a) of
the Immigration and Nationality Act (8 U.S.C. 1324a(a))
(hereafter in this section referred to as the ``INA employment
provisions''), which prohibit unlawful employment of aliens;
and
(2) the Attorney General should fully and aggressively
enforce the antidiscrimination provisions of the Immigration
and Nationality Act.
(b) Enforcement.--
(1) Authority.--
(A) In general.-- Using the procedures established
pursuant to section 274A(e) of the Immigration and
Nationality Act (8 U.S.C. 1324a(e)), the Attorney
General may conduct such investigations as are
necessary to determine whether a contractor or an
organizational unit of a contractor is not complying
with the INA employment provisions.
(B) Complaints and hearings.--The Attorney
General--
(i) shall receive and may investigate any
complaint by an employee of any such entity
that alleges noncompliance by such entity with
the INA employment provisions; and
(ii) in conducting the investigation, shall
hold such hearings as are necessary to
determine whether that entity is not in
compliance with the INA employment provisions.
(2) Actions on determinations of noncompliance.--
(A) Attorney general.--Whenever the Attorney
General determines that a contractor or an
organizational unit of a contractor is not in
compliance with the INA employment provisions, the
Attorney General shall transmit that determination to
the head of each executive agency that contracts with
the contractor and the heads of other executive
agencies that the Attorney General determines it
appropriate to notify.
(B) Head of contracting agency.--Upon receipt of
the determination, the head of a contracting executive
agency shall consider the contractor or an
organizational unit of the contractor for debarment,
and shall take such other action as may be appropriate,
in accordance with applicable procedures and standards
set forth in the Federal Acquisition Regulation.
(C) Nonreviewability of determination.--The
Attorney General's determination is not reviewable in
debarment proceedings.
(c) Debarment.--
(1) Authority.--The head of an executive agency may debar a
contractor or an organizational unit of a contractor on the
basis of a determination of the Attorney General that it is not
in compliance with the INA employment provisions.
(2) Scope.--The scope of the debarment generally should be
limited to those organizational units of a contractor that the
Attorney General determines are not in compliance with the INA
employment provisions.
(3) Period.--The period of a debarment under this
subsection shall be one year, except that the head of the
executive agency may extend the debarment for additional
periods of one year each if, using the procedures established
pursuant to section 274A(e) of the Immigration and Nationality
Act (8 U.S.C. 1324a(e)), the Attorney General determines that
the organizational unit of the contractor concerned continues
not to comply with the INA employment provisions.
(4) Listing.--The Administrator of General Services shall
list each debarred contractor and each debarred organizational
unit of a contractor on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs that is
maintained by the Administrator. No debarred contractor and no
debarred organizational unit of a contractor shall be eligible to
participate in any procurement, nor in any nonprocurement activities,
of the Federal Government.
(d) Regulations and Orders.--
(1) Attorney general.--
(A) Authority.--The Attorney General may prescribe
such regulations and issue such orders as the Attorney
General considers necessary to carry out the
responsibilities of the Attorney General under this
section.
(B) Consultation.--In proposing regulations or
orders that affect the executive agencies, the Attorney
General shall consult with the Secretary of Defense,
the Secretary of Labor, the Administrator of General
Services, the Administrator of the National Aeronautics
and Space Administration, the Administrator for Federal
Procurement Policy, and the heads of any other
executive agencies that the Attorney General considers
appropriate.
(2) Federal acquisition regulation.--The Federal
Acquisition Regulatory Council shall amend the Federal
Acquisition Regulation to the extent necessary to provide for
implementation of the debarment responsibility and other
related responsibilities assigned to heads of executive
agencies under this section.
(e) Interagency Cooperation.--The head of each executive agency
shall cooperate with, and provide such information and assistance to,
the Attorney General as is necessary for the Attorney General to
perform the duties of the Attorney General under this section.
(f) Delegation.--The Attorney General, the Secretary of Defense,
the Administrator of General Services, the Administrator of the
National Aeronautics and Space Administration, and the head of any
other executive agency may delegate the performance of any of the
functions or duties of that official under this section to any officer
or employee of the executive agency under the jurisdiction of that
official.
(g) Implementation Not To Burden Procurement Process Excessively.--
This section shall be implemented in a manner that least burdens the
procurement process of the Federal Government.
(h) Construction.--
(1) Antidiscrimination.--Nothing in this section relieves
employers of the obligation to avoid unfair immigration-related
employment practices as required by--
(A) the antidiscrimination provisions of section
274B of the Immigration and Nationality Act (8 U.S.C.
1324b), including the provisions of subsection (a)(6)
of that section concerning the treatment of certain
documentary practices as unfair immigration-related
employment practices; and
(B) all other antidiscrimination requirements of
applicable law.
(2) Contract terms.--This section neither authorizes nor
requires any additional certification provision, clause, or
requirement to be included in any contract or contract
solicitation.
(3) No new rights and benefits.--This section may not be
construed to create any right or benefit, substantive or
procedural, enforceable at law by a party against the United
States, including any department or agency, officer, or
employee of the United States.
(4) Judicial review.--This section does not preclude
judicial review of a final agency decision in accordance with
chapter 7 of title 5, United States Code.
(i) Definitions.--In this section:
(1) Executive agency.--The term ``executive agency'' has
the meaning given that term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).
(2) Contractor.--The term ``contractor'' means any
individual or other legal entity that--
(A) directly or indirectly (through an affiliate or
otherwise), submits offers for or is awarded, or
reasonably may be expected to submit offers for or be
awarded, a Federal Government contract, including a
contract for carriage under Federal Government or
commercial bills of lading, or a subcontract under a
Federal Government contract; or
(B) conducts business, or reasonably may be
expected to conduct business, with the Federal
Government as an agent or representative of another
contractor. | Illegal Worker Prevention Act - Provides for the debarment of Federal contractors for noncompliance with illegal alien employment provisions under the Immigration and Nationality Act. | {"src": "billsum_train", "title": "Illegal Worker Prevention Act"} | 1,652 | 37 | 0.499177 | 1.22794 | 0.506475 | 2.538462 | 55.961538 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Vehicle Corridors Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Traditional transportation refueling networks are well-
established, but market uncertainties continue to hamper the
full use of cleaner alternative domestic energy resources.
(2) Despite considerable investor interest, higher capital
costs and an uncertain consumer base has limited expansion of
cleaner alternative refueling options and its customer base.
(3) Reduced emissions and energy independence are important
factors at a National level, but they are not a sufficient
inducement to create large-scale changes.
(4) While American-made fuels provide many energy security
and environmental benefits, a significant portion of imported
oil continues to be consumed as diesel fuel in on-road motor
vehicles.
(5) Motor vehicles fueled by domestically generated,
cleaner alternative transportation fuels, such as compressed
natural gas, liquefied natural gas, propane, electricity,
hydrogen, and advanced biofuels, can pay for themselves over
time, but sales of such vehicles, other than return-to-base
vehicles, have been hampered because of insufficient refueling
infrastructure.
(6) Simultaneous facilitation of infrastructure development
and a robust customer base is needed to avoid penalizing
current users or early adopters.
(7) Facilitating focused infrastructure development along
designated routes will foster an expansion of cleaner
alternative fuel vehicles and increase the likelihood for
commercial success.
(8) Eliminating the logistical barriers that are delaying
infrastructure development along Clean Vehicle Corridors will--
(A) provide cleaner alternative refueling stations
with a larger customer base;
(B) attract more buyers to the purchase of clean
vehicles; and
(C) provide new market outlets for clean fuel
providers.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide market certainty to drive private and
commercial capital investment in clean transportation options;
(2) to promote clean transportation technologies that
will--
(A) lead to increased diversity and dissemination
of cleaner alternative fuel options; and
(B) enable the United States to bridge the gap from
foreign energy imports to secure, domestically produced
energy; and
(3) to facilitate clean transportation incentives that
will--
(A) attract a critical mass of clean transportation
vehicles that will give cleaner alternative fueling
stations an assured customer base and market certitude;
(B) provide for ongoing increases in energy
demands;
(C) support the growth of jobs and businesses in
the United States;
(D) reduce emissions by motor vehicles;
(E) decrease our Nation's use of foreign oil; and
(F) encourage innovation in transportation energy
and technology.
SEC. 4. DEFINITIONS.
In this Act:
(1) Cleaner alternative fuels.--The term ``cleaner
alternative fuels'' includes--
(A) compressed natural gas;
(B) liquefied natural gas;
(C) liquefied petroleum gas (also known as
propane);
(D) plug-in electric;
(E) advanced biofuels (as defined in section
211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(i));
(F) hydrogen; and
(G) other fuels designated by the Secretary.
(2) Clean cities.--The term ``Clean Cities'' means the
voluntary public-private partnership and technology deployment
program managed by the Department of Energy to meet goals in
the Alternative Motor Fuels Act of 1988 (Public Law 100-494),
the Clean Air Act Amendments of 1990 (Public Law 101-549), and
the Energy Policy Act of 1992 (Public Law 102-486).
(3) Highways.--The term ``highways'' is limited to roadways
that are part of--
(A) the National Highway System, as established by
the Federal Highway Administration;
(B) the Dwight D. Eisenhower National System of
Interstate and Defense Highways;
(C) the National Truck Network, as authorized by
the Surface Transportation Assistance Act of 1982
(Public Law 97-424) and established by the Federal
Highway Administration; and
(D) other roadways most critical to trucks as
determined by the Office of Freight Management and
Operations in the Federal Highway Administration and
authorized by the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Public Law 112-141).
(4) Supporting infrastructure.--The term ``supporting
infrastructure'' includes fueling stations, rest stops, travel
plazas, and other service areas on public or private property
that are found to be most practically located along a Clean
Vehicle Corridor.
SEC. 5. CLEAN VEHICLE CORRIDORS PROGRAM.
(a) Corridor Designations.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation
(referred to in this section as the ``Secretary'') shall
designate not fewer than 5 ``Clean Vehicle Corridors'' along
Federal highways, interstates, or other contiguous highways.
(2) Consultation.--Before making a designation under
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Energy regarding
the analysis of data collected by both agencies at
cleaner alternative fueling projects authorized by this
Act and other Acts to better understand usage patterns
and petroleum displacement to inform Corridor
designation;
(B) receive approval from the Secretary of Energy;
(C) consult with the Secretary of Commerce, the
Secretary of the Interior, and the Administrator of the
Environmental Protection Agency;
(D) consult with State, Tribal, and local
governments through whose jurisdictions the proposed
corridor runs or abuts;
(E) gather information from Federal, State, Tribal,
and local governments, nongovernmental organizations,
businesses, Clean Cities, and individuals to help
determine which highways should be included in the
corridors designated under paragraph (1);
(F) consider existing programs, whether Federal,
State, Tribal, local, or private, which can be
leveraged to achieve the purposes of this Act;
(G) give preference to corridors that connect Clean
Cities, as designated by the Department of Energy; and
(H) give consideration to air quality nonattainment
areas, as determined by the Administration of the
Environmental Protection Agency.
(b) Infrastructure Development for Cleaner Alternative Fuels.--
(1) In general.--The Secretary of Transportation shall
encourage the addition of cleaner alternative fuel options and
other supporting infrastructure along Clean Vehicle Corridors.
These refueling stations should provide at least 1 cleaner
alternative fuel and allow any motor vehicle that operates on
such fuels to refuel at distances comfortably within 1 tank
range without the need for prior arrangement. Existing and
private facilities should be encouraged to be included in the
Clean Vehicle Corridors network.
(2) Incentives.--To promote Clean Vehicle Corridors, the
Secretary may provide waivers to statutory restrictions for
cleaner alternative fuel projects and vehicles along Clean
Vehicle Corridors, including--
(A) modifying HOV/HOT lane restrictions under
section 166 of title 23, United States Code, to
accommodate vehicles using cleaner alternative fuels;
(B) modifying weight limits under section 127 of
title 23, United States Code, to accommodate the
additional weight to vehicles caused by cleaner
alternative fuel technology such as fuel cylinders for
natural gas or auxiliary power sources;
(C) deeming Clean Vehicle Corridor projects
designated under subsection (a) as eligible projects
for an increased Federal funding share under section
1116 of the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Public Law 112-141);
(D) allowing owners and operators of publicly owned
supporting infrastructure to designate parking spaces
that are conveniently located near major facilities for
use by vehicles that use cleaner alternative fuels;
(E) allowing the inclusion of cleaner alternative
fueling infrastructure projects in State energy
conservation plans, in accordance with section
362(d)(5) of the Energy Policy and Conservation Act (42
U.S.C. 6322(d)(5)); and
(F) giving areas surrounding Clean Cities a
priority preference for Department of Energy funding
opportunities.
(c) Information and Resources on Clean Vehicle Corridors.--
(1) Website.--
(A) In general.--The Secretary of Transportation
shall maintain a publicly accessible website containing
information and resources for Clean Vehicle Corridors.
(B) Best practices.--The Secretary, in consultation
with Federal agencies, Tribes, States, and Clean
Cities, shall--
(i) identify best practices and case
studies of communities and complementary
programs that have successfully promoted
cleaner alternative fuel use; and
(ii) post the information described in
clause (i) on the website referred to in
subparagraph (A).
(C) Available mechanisms.--The Secretary shall--
(i) identify all existing technical and
financial mechanisms available to promote the
development of cleaner alternative fuel
infrastructure; and
(ii) post the information described in
clause (i) on the website referred to in
subparagraph (A).
(D) Hyperlink.--The Secretary shall ensure that the
website referred to in subparagraph (A) is linked to
the Alternative Fuels Data Center maintained by the
Department of Energy.
(2) Data gathering.--The Secretary shall collaborate with
the Secretary of Energy and all relevant Clean Vehicle Corridor
stakeholders to collect data on cleaner alternative fueling
station usage patterns, including energy consumption,
performance, petroleum displacement, and other factors deemed
important by the Secretaries to inform Corridor designation and
performance.
(3) Interstate compacts.--
(A) Establishment.--Two or more contiguous States
may enter into an interstate compact to establish Clean
Vehicle Corridor partnerships to facilitate planning
for and siting of necessary facilities within those
States.
(B) Technical assistance.--
(i) In general.--The Secretary, in
consultation with the Secretary of Energy, the
Secretary of Commerce, the Secretary of the
Interior, and the Administrator of the
Environmental Protection Agency, may provide
technical assistance to interstate compact
partnerships established pursuant to
subparagraph (A).
(ii) Federal authority.--Nothing contained
in clause (i) or in any compact may be
construed--
(I) to limit the applicability of
any Federal law;
(II) to diminish or otherwise
impair the jurisdiction of any Federal
agency; or
(III) to alter, amend, or otherwise
affect any Federal law governing the
judicial review of any action taken
pursuant to any compact.
(C) Congressional review.--Each compact established
pursuant to subparagraph (A) shall acknowledge that
Congress may withdraw its consent under this paragraph
every 3 years after the compact has taken effect. | Clean Vehicle Corridors Act - Requires the Secretary of Transportation (DOT) to: (1) designate at least five Clean Vehicle Corridors along federal highways, interstates, or other contiguous highways after consulting with specified agencies; and (2) encourage the addition of cleaner alternative fuel options and other supporting infrastructure along the corridors and the inclusion of existing and private facilities in the corridor. Defines "cleaner alternative fuels" to include: (1) compressed natural gas, (2) liquefied natural gas, (3) liquefied petroleum gas (also known as propane), (4) plug-in electric, (5) advanced biofuels, and (6) hydrogen. Authorizes the Secretary to provide waivers of statutory restrictions for cleaner alternative fuel projects and vehicles along Clean Vehicle Corridors. Requires the Secretary to: (1) maintain a publicly accessible website containing information and resources for corridors, (2) identify best practices and case studies of communities and complementary programs that have successfully promoted cleaner alternative fuel use in consultation with federal agencies, tribes, states, and Clean Cities, (3) identify all existing technical and financial mechanisms available to promote the development of cleaner alternative fuel infrastructure, and (4) collaborate with the Secretary of Energy (DOE) and all relevant Clean Vehicle Corridor stakeholders to collect data on cleaner alternative fueling station usage patterns. Authorizes: (1) two or more contiguous states to enter into an interstate compact to establish Clean Vehicle Corridor partnerships to facilitate planning for and siting of necessary facilities within those states; and (2) the Secretary, in consultation with the DOE Secretary, the Secretary of Commerce, the Secretary of the Interior, and the Administrator of the Environmental Protection Agency (EPA), to provide technical assistance to interstate compact partnerships. | {"src": "billsum_train", "title": "Clean Vehicle Corridors Act"} | 2,322 | 375 | 0.635292 | 2.059013 | 0.783685 | 4.322485 | 6.434911 | 0.949704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HITECH Extension for Behavioral
Health Services Act of 2010''.
SEC. 2. EXTENSION OF HEALTH INFORMATION TECHNOLOGY ASSISTANCE FOR
BEHAVIORAL AND MENTAL HEALTH AND SUBSTANCE ABUSE.
Section 3000(3) of the Public Health Service Act (42 U.S.C.
300jj(3)) is amended by inserting before ``and any other category'' the
following: ``behavioral and mental health professionals (as defined in
section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric
hospital (as defined in section 1861(f) of the Social Security Act (42
U.S.C. 1395x(f))), a behavioral and mental health clinic, a substance
abuse treatment facility,''.
SEC. 3. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM.
Title XXX of the Public Health Service Act (42 U.S.C. 300jj et
seq.) is amended by adding at the end the following new section:
``SEC. 3019. BEHAVIORAL HEALTH INFORMATION TECHNOLOGY GRANT PROGRAM.
``(a) In General.--The Secretary, acting through the National
Coordinator, shall award grants to eligible entities for the purpose of
conducting activities described in subsection (b).
``(b) Use of Funds.--A grant awarded under subsection (a) may be
used by an eligible entity to--
``(1) facilitate the purchase of health information
technology;
``(2) enhance the use of health information technology,
including covering costs associated with upgrading health
information technology in order to meet the criteria required
to become a certified EHR technology;
``(3) train personnel in the use of health information
technology;
``(4) improve the secure electronic exchange of health
information among behavioral and mental health professionals,
substance abuse professionals, and other health care providers,
including those providing primary care services;
``(5) improve health information technology for adaptation
to community-based behavioral heath settings;
``(6) assist with the implementation of telemedicine,
including facilitation of distance clinical consultations in
rural and underserved areas; and
``(7) collaborate and integrate with health information
technology regional extension centers (as described in section
3012(c)).
``(c) Eligible Entity.--For the purposes of this section, the term
`eligible entity' means a mental health treatment facility, substance
abuse treatment facility, or psychiatric hospital (as defined in
section 1861(f) of the Social Security Act (42 U.S.C. 1395x(f))--
``(1) that is not otherwise receiving payment under section
1886(n) of the Social Security Act (42 U.S.C. 1395ww(n)) or
section 1903(t) of the Social Security Act (42 U.S.C.
1396b(t));
``(2) at which no services are furnished by an eligible
professional who is receiving payment under section 1848(o) of
the Social Security Act (42 U.S.C. 1395w-4(o)); and
``(3) that provides assurances to the satisfaction of the
Secretary that such facility will use such funds to satisfy the
requirements to be treated as a meaningful EHR user, as defined
in section 1886(n)(3) of the Social Security Act (42 U.S.C.
1395ww(n)(3)), or to become eligible for a payment under
section 1903(t) of the Social Security Act (42 U.S.C.
1396b(t)).
``(d) Standards for Acquisition of Health Information Technology.--
To the greatest extent practicable, the Secretary shall ensure that
where funds are expended under this section for the acquisition of
health information technology, such funds shall be used to acquire
health information technology that meets applicable standards adopted
under section 3004. Where it is not practicable to expend funds on
health information technology that meets such applicable standards, the
Secretary shall ensure that such health information technology meets
applicable standards otherwise adopted by the Secretary.
``(e) Report.--Not later than 2 years after the date of the
enactment of this section, the National Coordinator shall submit to
Congress a report containing such information as the Secretary may
require.
``(f) Authorization of Appropriations.--For the purposes of
carrying out subsection (a), there is authorized to be appropriated
$15,000,000 for fiscal year 2011.''.
SEC. 4. EXTENSION OF ELIGIBILITY FOR MEDICARE AND MEDICAID HEALTH
INFORMATION TECHNOLOGY IMPLEMENTATION ASSISTANCE.
(a) Payment Incentives for Eligible Professionals Under Medicare.--
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is
amended--
(1) by amending clause (iii) of subsection (a)(7)(E) to
read as follows:
``(iii) Eligible professional.--The term
`eligible professional' means any of the
following:
``(I) A physician (as defined in
section 1861(r)).
``(II) A clinical psychologist
providing qualified psychologist
services (as defined in section
1861(ii)).
``(III) A clinical social worker
(as defined in section 1861(hh)(1)).'';
and
(2) by amending subparagraph (C) of subsection (o)(5) to
read as follows:
``(C) Eligible professional.--The term `eligible
professional' means any of the following:
``(i) A physician (as defined in section
1861(r)).
``(ii) A clinical psychologist providing
qualified psychologist services (as defined in
section 1861(ii)).
``(iii) A clinical social worker (as
defined in section 1861(hh)(1)).''.
(b) Eligible Hospitals.--Section 1886(n)(6)(B) of the Social
Security Act (42 U.S.C. 1395ww(n)(6)(B)) is amended by inserting before
the period the following: ``or an inpatient hospital that is a
psychiatric hospital (as defined in section 1861(f))''.
(c) Medicaid Providers.--Section 1903(t) of the Social Security Act
(42 U.S.C. 1396b(t)) is amended as follows:
(1) Paragraph (2)(B) is amended--
(A) in clause (i), by striking ``, or'' and
inserting a semicolon;
(B) in clause (ii), by striking the period and
inserting a semicolon; and
(C) by adding after clause (ii) the following new
clauses:
``(iii) a public hospital that is
principally a psychiatric hospital (as defined
in section 1861(f));
``(iv) a private hospital that is
principally a psychiatric hospital (as defined
in section 1861(f)) and that has at least 10
percent of its patient volume (as estimated in
accordance with a methodology established by
the Secretary) attributable to individuals
receiving medical assistance under this title;
``(v) a mental health treatment facility
that has at least 10 percent of its patient
volume (as estimated in accordance with a
methodology established by the Secretary)
attributable to individuals receiving medical
assistance under this title; or
``(vi) a substance abuse treatment facility
that has at least 10 percent of its patient
volume (as estimated in accordance with a
methodology established by the Secretary)
attributable to individuals receiving medical
assistance under this title.''.
(2) Paragraph (3)(B) is amended--
(A) in clause (iv), by striking ``and'' after the
semicolon;
(B) in clause (v), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new clauses:
``(vi) clinical psychologist providing
qualified psychologist services (as defined in
section 1861(ii)), if such clinical
psychologist is practicing in an outpatient
clinic that--
``(I) is led by a clinical
psychologist; and
``(II) is not otherwise receiving
payment under paragraph (1) as a
Medicaid provider described in
paragraph (2)(B); and
``(vii) clinical social worker (as defined
in section 1861(hh)(1)), if such clinical
social worker is practicing in an outpatient
clinic that--
``(I) is led by a clinical social
worker; and
``(II) is not otherwise receiving
payment under paragraph (1) as a
Medicaid provider described in
paragraph (2)(B).''. | HITECH Extension for Behavioral Health Services Act of 2010 - Amends the Public Health Service Act to expand the definition of "health care provider" for purposes of health information technology provisions to include a behavioral or mental health professional, a substance abuse professional, a psychiatric hospital, a behavioral and mental health clinic, and a substance abuse treatment facility.
Requires the Secretary of Health and Human Services (HHS), acting through the National Coordinator for Health Information Technology, to award grants to eligible entities to: (1) facilitate the purchase of health information technology; (2) enhance the use of such technology, including covering costs associated with upgrading such technology in order to meet the criteria required to become a certified electronic health record (EHR) technology; (3) train personnel in the use of such technology; (4) improve the secure electronic exchange of health information among behavioral and mental health professionals, substance abuse professionals, and other health care providers; (5) improve such technology for adaptation to community-based behavioral health settings; (6) assist with the implementation of telemedicine, including facilitation of distance clinical consultations in rural and underserved areas; and (7) collaborate and integrate with health information technology regional extension centers.
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to include qualified clinical psychologists, clinical social workers, psychiatric hospitals, mental health treatment facilities, and substance abuse treatment facilities within the health professionals, hospitals, and Medicaid providers eligible for incentive payments for the meaningful use of certified EHR technology. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and the Social Security Act to extend health information technology assistance eligibility to behavioral health, mental health, and substance abuse professionals and facilities, and for other purposes."} | 2,013 | 332 | 0.738481 | 2.311744 | 1.054193 | 4.576667 | 5.603333 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium Digital Commerce Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The growth of electronic commerce and electronic
government transactions represent a powerful force for economic
growth, consumer choice, improved civic participation and
wealth creation.
(2) The promotion of growth in private sector electronic
commerce through Federal legislation is in the national
interest because that market is globally important to the
United States.
(3) A consistent legal foundation, across multiple
jurisdictions, for electronic commerce will promote the growth
of such transactions, and that such a foundation should be
based upon a simple, technology neutral, nonregulatory, and
market-based approach.
(4) The Nation and the world stand at the beginning of a
large scale transition to an information society which will
require innovative legal and policy approaches, and therefore,
States can serve the national interest by continuing their
proven role as laboratories of innovation for quickly evolving
areas of public policy, provided that States also adopt a
consistent, reasonable national baseline to eliminate obsolete
barriers to electronic commerce such as undue paper and pen
requirements, and further, that any such innovation should not
unduly burden inter-jurisdictional commerce.
(5) To the extent State laws or regulations do not provide
a consistent, reasonable national baseline or in fact create an
undue burden to interstate commerce in the important burgeoning
area of electronic commerce, the national interest is best
served by Federal preemption to the extent necessary to provide
such consistent, reasonable national baseline or eliminate said
burden, but that absent such lack of a consistent, reasonable
national baseline or such undue burdens, the best legal system
for electronic commerce will result from continuing
experimentation by individual jurisdictions.
(6) With due regard to the fundamental need for a
consistent national baseline, each jurisdiction that enacts
such laws should have the right to determine the need for any
exceptions to protect consumers and maintain consistency with
existing related bodies of law within a particular
jurisdiction.
(7) Industry has developed several electronic signature
technologies for use in electronic transactions, and the public
policies of the United States should serve to promote a dynamic
marketplace within which these technologies can compete.
Consistent with this Act, States should permit the use and
development of any authentication technologies that are
appropriate as practicable as between private parties and in
use with State agencies.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to permit and encourage the continued expansion of
electronic commerce through the operation of free market forces
rather than proscriptive governmental mandates and regulations;
(2) to promote public confidence in the validity, integrity
and reliability of electronic commerce and online government
under Federal law;
(3) to facilitate and promote electronic commerce by
clarifying the legal status of electronic records and
electronic signatures in the context of contract formation;
(4) to facilitate the ability of private parties engaged in
interstate transactions to agree among themselves on the
appropriate electronic signature technologies for their
transactions; and
(5) to promote the development of a consistent national
legal infrastructure necessary to support of electronic
commerce at the Federal and State levels within areas of
jurisdiction.
SEC. 4. DEFINITIONS.
In this Act:
(1) Electronic.--The term ``electronic'' means relating to
technology having electrical, digital, magnetic, wireless,
optical, electromagnetic, or similar capabilities.
(2) Electronic agent.--The term ``electronic agent'' means
a computer program or an electronic or other automated means
used to initiate an action or respond to electronic records or
performances in whole or in part without review by an
individual at the time of the action or response.
(3) Electronic record.--The term ``electronic record''
means a record created, generated, sent, communicated,
received, or stored by electronic means.
(4) Electronic signature.--The term ``electronic
signature'' means an electronic sound, symbol, or process
attached to or logically associated with a record and executed
or adopted by a person with the intent to sign the record.
(5) Governmental agency.--The term ``governmental agency''
means an executive, legislative, or judicial agency,
department, board, commission, authority, or institution of the
Federal Government or of a State or of any county,
municipality, or other political subdivision of a State.
(6) Record.--The term ``record'' means information that is
inscribed on a tangible medium or that is stored in an
electronic or other medium and is retrievable in perceivable
form.
(7) Transaction.--The term ``transaction'' means an action
or set of actions relating to the conduct of commerce, between
2 or more persons, neither of which is the United States
Government, a State, or an agency, department, board,
commission, authority, or institution of the United States
Government or of a State.
(8) Uniform electronic transactions act.--The term
``Uniform Electronic Transactions Act'' means the Uniform
Electronic Transactions Act as provided to State legislatures
by the National Conference of Commissioners on Uniform State
Law in the form or any substantially similar variation.
SEC. 5. INTERSTATE CONTRACT CERTAINTY.
(a) In General.--In any transaction affecting interstate commerce,
a contract may not be denied legal effect or enforceability solely
because an electronic signature or electronic record was used in its
formation.
(b) Methods.--Parties to a transaction are permitted to determine
the appropriate electronic signature technologies for their
transaction, and the means of implementing such technologies.
(c) Presentation of Contracts.--Notwithstanding subsection (a), if
a law requires that a contract be in writing, the legal effect, or
enforceability of an electronic record of such contract shall be denied
under such law, unless it is delivered to all parties in a form that--
(1) can be retained by all parties for later reference; and
(2) can be used to prove the terms of the agreement.
(d) Specific Exclusions.--The provisions of this section shall not
apply to a statute, regulation, or other rule of law governing any of
the following:
(1) The Uniform Commercial Code, as in effect in a State,
other than section 1-107 and 1-206, article 2, and article 2A.
(2) Premarital agreements, marriage, adoption, divorce or
other matters of family law.
(3) Documents of title which are filed of record with a
governmental unit until such time that a State or subdivision
thereof chooses to accept filings electronically.
(4) Residential landlord-tenant relationships.
(5) The Uniform Health-Care Decisions Act as in effect in a
State.
(e) Electronic Agents.--A contract relating to a commercial
transaction affecting interstate commerce may not be denied legal
effect solely because its formation involved--
(1) the interaction of electronic agents of the parties; or
(2) the interaction of an electronic agent of a party and
an individual who acts on that individual's own behalf or as an
agent, for another person.
(f) Insurance.--It is the specific intent of the Congress that this
section apply to the business of insurance.
(g) Application in UETA States.--This section does not apply in any
State in which the Uniform Electronic Transactions Act is in effect.
SEC. 6. PRINCIPLES GOVERNING THE USE OF ELECTRONIC SIGNATURES IN
INTERNATIONAL TRANSACTIONS.
To the extent practicable, the Federal Government shall observe the
following principles in an international context to enable commercial
electronic transaction:
(1) Remove paper-based obstacles to electronic transactions
by adopting relevant principles from the Model Law on
Electronic Commerce adopted in 1996 by the United Nations
Commission on International Trade Law (UNCITRAL).
(2) Permit parties to a transaction to determine the
appropriate authentication technologies and implementation
models for their transactions, with assurance that those
technologies and implementation models will be recognized and
enforced.
(3) Permit parties to a transaction to have the opportunity
to prove in court or other proceedings that their
authentication approaches and their transactions are valid.
(4) Take a nondiscriminatory approach to electronic
signatures and authentication methods from other jurisdictions.
SEC. 7. STUDY OF LEGAL AND REGULATORY BARRIERS TO ELECTRONIC COMMERCE.
(a) Barriers.--Each Federal agency shall, not later than 6 months
after the date of enactment of this Act, provide a report to the
Director of the Office of Management and Budget and the Secretary of
Commerce identifying any provision of law administered by such agency,
or any regulations issued by such agency and in effect on the date of
enactment of this Act, that may impose a barrier to electronic
transactions, or otherwise to the conduct of commerce online or be
electronic means. Such barriers include, but are not limited to,
barriers imposed by a law or regulation directly or indirectly
requiring that signatures, or records of transactions, be accomplished
or retained in other than electronic form. In its report, each agency
shall identify the barriers among those identified whose removal would
require legislative action, and shall indicate agency plans to
undertake regulatory action to remove such barriers among those
identified as are caused by regulations issued by the agency.
(b) Report to Congress.--The Secretary of Commerce, in consultation
with the Director of the Office of Management and Budget, shall, within
18 months after the date of enactment of this Act, and after the
consultation required by subsection (c) of this section, report to the
Congress concerning--
(1) legislation needed to remove barriers to electronic
transactions or otherwise to the conduct of commerce online or
by electronic means; and
(2) actions being taken by the Executive Branch and
individual Federal agencies to remove such barriers as are
caused by agency regulations or policies.
(c) Consultation.--In preparing the report required by this
section, the Secretary of Commerce shall consult with the General
Services Administration, the National Archives and Records
Administration, and the Attorney General concerning matters involving
the authenticity of records, their storage and retention, and their
usability for law enforcement purposes.
(d) Include Findings If No Recommendations.--If the report required
by this section omits recommendations for actions needed to fully
remove identified barriers to electronic transactions or to online or
electronic commerce, it shall include a finding or findings, including
substantial reasons therefore, that such removal is impracticable or
would be inconsistent with the implementation or enforcement of
applicable laws. | Authorizes parties to an interstate transaction to determine the appropriate electronic signature technologies for their transaction, and the means of implementing such technologies. Denies the legal effect of an electronic record of a contract required by law to be in writing, unless it is delivered to all parties in a form that can be: (1) retained for later reference; and (2) used to prove agreement terms. Provides exclusions. Prohibits a contract relating to a commercial transaction from being denied legal effect solely because its formation involved electronic agents (computers or other automated means). States as the specific intent of Congress that this section apply to the business of insurance.
Directs the Federal Government, to the extent practicable, to observe certain principles governing the use of electronic signatures in international commercial transactions, including to: (1) remove paper-based obstacles to electronic transactions by adopting relevant principles from the Model Law on Electronic Commerce adopted in 1996 by the UN Commission on International Trade Law (UNCITRAL); (2) permit parties to a transaction to determine the appropriate authentication technologies for such transactions, with assurance that they will be recognized and enforced; (3) permit such parties to have the opportunity to prove in court that such authentication approaches and transactions are valid; and (4) take a nondiscriminatory approach to electronic signatures and authentication methods from other jurisdictions.
Directs each Federal agency to report to the Director of the Office of Management and Budget and the Secretary of Commerce on any provision of law administered, or regulation issued, by it that imposes a barrier to electronic transactions. Requires the Secretary to report to Congress concerning any legislation needed or Executive or Federal agency action being taken to remove such barriers. | {"src": "billsum_train", "title": "Millennium Digital Commerce Act"} | 2,245 | 355 | 0.522578 | 1.81828 | 0.725356 | 4.953988 | 6.601227 | 0.960123 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Wildlife Refuge System
Operations Enhancement Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The National Wildlife Refuge System is a unique network
of Federal lands that provides wildlife dependent recreational
opportunities to the overwhelming majority of the 40 million
people who visit at least one refuge in a year.
(2) There are 547 national wildlife refuges comprised of 96
million acres of Federal land. These refuges are located in
every State, island possession, and territory of the United
States. These lands are a national treasure.
(3) A decade ago, the Congress enacted the National
Wildlife Refuge System Improvement Act of 1997 (Public Law 105-
97), which was a landmark law that established for the first
time an organic statute and mission statement for the System.
(4) Four years ago, the National Wildlife Refuge System
celebrated the 100th anniversary of the designation of the
first refuge by President Theodore Roosevelt at Pelican Island,
Florida on March 14, 1903.
(5) In commemoration of that historic event, the Congress
created the National Wildlife Refuge System Centennial
Commission and appropriated the highest level of funding ever
for refuge operations.
(6) Since the end of that anniversary celebration, however,
funding for refuge operations has significantly declined, and
the United States Fish and Wildlife Service has not received
adequate funding to offset either inflation or uncontrollable
fixed costs like salary and benefit increases, energy costs,
and General Services Administration rent adjustments.
(7) The net result is that the United States Fish and
Wildlife Service now has 600 vacant positions with a total
workforce of only 9,000 full-time employees. There are also now
86 refuges that are closed to the public and 188 refuges that
are unstaffed.
(8) According to the Cooperative Alliance for Refuge
Enhancement, a coalition of 20 conservation and hunting
organizations including Ducks Unlimited, the National Audubon
Society, and the Congressional Sportsmen's Foundation, ``[t]he
National Wildlife Refuge System faces a crippling conservation
deficit''.
(9) According to the United States Fish and Wildlife
Service with respect to the Northeast Region of the Service,
``[i]n three years, 74 percent of the national wildlife refuges
(70 refuges) would be operating either `in the red' or at
crisis levels, in 5 years, 89 percent, and in 7 years, 93
percent''. This funding crisis is being felt throughout the
National Wildlife Refuge System.
(10) It is essential that the Congress appropriate
additional funds for refuge operations and enact new funding
mechanisms that alleviate some, if not all, of these staggering
operational deficits.
(b) Purpose.--The purpose of this Act is to establish new funding
mechanisms to pay for the otherwise unfunded costs of operating and
maintaining the National Wildlife Refuge System.
TITLE I--MIGRATORY BIRD HUNTING STAMPS
SEC. 101. PRICE OF STAMP.
(a) Increase in Price.--
(1) In general.--Sections 2(b) of the Act of March 16, 1934
(chapter 71; 16 U.S.C. 718b(b)), popularly known as the Duck
Stamp Act, is amended to read as follows:
``(b) Price of Stamp.--A person authorized to sell stamps under
this section shall collect, for each stamp sold--
``(1) $20 for a stamp for any of hunting years 2008 through
2010; and
``(2) $25 for a stamp for each hunting year after hunting
year 2010.''.
(2) Limitation on application.--This subsection shall not
affect the application of section 2 of such Act before July 1,
2008.
(b) Use of Additional Funds.--Section 4(b) of such Act (16 U.S.C.
718d(b)) is amended--
(1) in paragraph (1), by striking ``So much'' and inserting
``Subject to paragraph (3), so much'';
(2) in paragraph (2), by striking ``paragraph (3) and
subsection (c)'' and inserting ``paragraphs (3) and (4)''; and
(3) by adding at the end the following:
``(4) Refuge operations.--The amount received for each
stamp sold in excess of $15.00 shall be used by the Secretary
for the costs of national wildlife refuge operations.''.
SEC. 102. SENSE OF CONGRESS.
It is the sense of the Congress that nothing in this title should
directly or indirectly cause a net decrease in total funds received by
the United States Fish and Wildlife Service for national wildlife
refuge operations account below the level that would otherwise have
been received but for the enactment of this section.
TITLE II--SPECIAL POSTAGE STAMP
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Wildlife Refuge System
Semipostal Stamp Act of 2007''.
SEC. 202. SPECIAL POSTAGE STAMP FOR THE NATIONAL WILDLIFE REFUGE
SYSTEM.
(a) In General.--In order to afford a convenient way for members of
the public to contribute to funding for the operations of the National
Wildlife Refuge System, the United States Postal Service shall provide
for a special postage stamp in accordance with subsection (b).
(b) Terms and Conditions.--The issuance and sale of the stamp
referred to in subsection (a) shall be governed by section 416 of title
39, United States Code, and regulations under such section, subject to
the following:
(1) Disposition of proceeds.--All amounts becoming
available from the sale of such stamp shall be transferred to
the United States Fish and Wildlife Service, for the purpose
described in subsection (a), through payments which shall be
made at least twice a year.
(2) Duration.--Such stamp shall be made available to the
public for a period of at least 3 years, beginning no later
than 12 months after the date of the enactment of this Act.
(3) Limitation.--Such stamp shall not be counted for
purposes of applying any numerical limitation under subsection
(e)(1)(C) of such section.
TITLE III--DESIGNATION OF INCOME TAX OVERPAYMENT
SEC. 301. SHORT TITLE.
This title may be cited as ``National Wildlife Refuge Checkoff Act
of 2007''.
SEC. 302. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end thereof the following new part:
``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE
NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND
``Sec. 6097. Amounts for National Wildlife Refuge System Trust Fund.
``SEC. 6097. AMOUNTS FOR NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND.
``(a) In General.--With respect to each taxpayer's return for the
taxable year of the tax imposed by chapter 1, such taxpayer may
designate that--
``(1) $1 of any overpayment of such tax for such taxable
year, and
``(2) any cash contribution which the taxpayer includes
with such return,
be paid over to the National Wildlife Refuge System Trust Fund.
``(b) Joint Returns.--In the case of a joint return showing an
overpayment of $2 or more, each spouse may designate $1 of such
overpayment under subsection (a)(1).
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made on the first page of the
return.
``(d) Overpayments Treated as Refunded.--For purposes of this
title, any overpayment of tax designated under subsection (a) shall be
treated as being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the date the
return is filed.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of such Code is amended by adding at the end thereof the
following new item:
``Part IX. Designation of Overpayments and Contributions for the
National Wildlife Refuge System Trust Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of enactment of this Act.
SEC. 303. ESTABLISHMENT OF NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end thereof the following new section:
``SEC. 9511. NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `National Wildlife
Refuge System Trust Fund', consisting of such amounts as may be
appropriated or credited to the National Wildlife Refuge System Trust
Fund as provided in this section or section 9602(b).
``(b) Transfer to National Wildlife Refuge System Trust Fund of
Amounts Designated.--There is hereby appropriated to the National
Wildlife Refuge System Trust Fund amounts equivalent to the amounts
designated under section 6097 and received in the Treasury.
``(c) Expenditures From Trust Fund.--
``(1) In general.--The Secretary shall pay, not less often
than quarterly, to the United States Fish and Wildlife Service
from the National Wildlife Refuge System Trust Fund an amount
equal to the amount in such Fund as of the time of such payment
less any administrative expenses of the Secretary which may be
paid under paragraph (2).
``(2) Administrative expenses.--Amounts in the National
Wildlife Refuge System Trust Fund shall be available to pay the
administrative expenses of the Department of the Treasury
directly allocable to--
``(A) modifying the individual income tax return
forms to carry out section 6097,
``(B) carrying out this chapter with respect to
such Fund, and
``(C) processing amounts received under section
6097 and transferring such amounts to such Fund.''.
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end thereof the following new item:
``Sec. 9511. National Wildlife Refuge System Trust Fund.''. | National Wildlife Refuge System Operations Enhancement Act of 2007 - Increases the price of Migratory Bird Hunting and Conservation Stamps.
Requires amounts received for such stamps sold in excess of $15.00 to be used by the Secretary of the Interior for the costs of national wildlife refuge operations.
National Wildlife Refuge System Semipostal Stamp Act of 2007 - Sets forth provisions for the issuance and sale of a special postage stamp in order to afford a convenient way for the public to contribute toward funding the operations of the National Wildlife Refuge System.
National Wildlife Refuge Checkoff Act of 2007 - Permits a taxpayer to designate that $1 of any tax overpayment, and any cash contribution which the taxpayer includes with such return, shall be deposited into the National Wildlife Refuge System Trust Fund established by this Act.
Requires the Secretary of the Treasury to make payments to the U.S. Fish and Wildlife Service (USFWS) from such Fund. | {"src": "billsum_train", "title": "To provide additional funding for operation of national wildlife refuges."} | 2,435 | 204 | 0.40033 | 1.195799 | 0.700309 | 3.745665 | 12.468208 | 0.924855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Secret Law Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Secret law is inconsistent with democratic governance.
In order for the rule of law to prevail, the requirements of
the law must be publicly discoverable.
(2) The United States Court of Appeals for the Seventh
Circuit stated in 1998 that the ``idea of secret laws is
repugnant''.
(3) The open publication of laws and directives is a
defining characteristic of government of the United States. The
first Congress of the United States mandated that every ``law,
order, resolution, and vote [shall] be published in at least
three of the public newspapers printed within the United
States''.
(4) The practice of withholding decisions of the Foreign
Intelligence Surveillance Court is at odds with the United
States tradition of open publication of law.
(5) The Foreign Intelligence Surveillance Court
acknowledges that such Court has issued legally significant
interpretations of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.) that are not accessible to the
public.
(6) The exercise of surveillance authorities under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), as interpreted by secret court opinions, potentially
implicates the communications of United States persons who are
necessarily unaware of such surveillance.
(7) Section 501 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861), as amended by section 215 of the
USA PATRIOT Act (Public Law 107-56; 115 Stat. 287), authorizes
the Federal Bureau of Investigation to require the production
of ``any tangible things'' and the extent of such authority, as
interpreted by secret court opinions, has been concealed from
the knowledge and awareness of the people of the United States.
(8) In 2010, the Department of Justice and the Office of
the Director of National Intelligence established a process to
review and declassify opinions of the Foreign Intelligence
Surveillance Court, but more than two years later no
declassifications have been made.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that each decision, order, or opinion
issued by the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review that includes significant
construction or interpretation of section 501 or section 702 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 and
1881a) should be declassified in a manner consistent with the
protection of national security, intelligence sources and methods, and
other properly classified and sensitive information.
SEC. 4. REQUIREMENT FOR DISCLOSURE OF DECISIONS, ORDERS, AND OPINIONS
OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) Section 501.--
(1) In general.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding
at the end the following:
``(i) Disclosure of Decisions.--
``(1) Decision defined.--In this subsection, the term
`decision' means any decision, order, or opinion issued by the
Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review that includes
significant construction or interpretation of this section.
``(2) Requirement for disclosure.--Subject to paragraphs
(3) and (4), the Attorney General shall declassify and make
available to the public--
``(A) each decision that is required to be
submitted to committees of Congress under section
601(c), not later than 45 days after such opinion is
issued; and
``(B) each decision issued prior to the date of the
enactment of the Ending Secret Law Act that was
required to be submitted to committees of Congress
under section 601(c), not later than 180 days after
such date of enactment.
``(3) Unclassified summaries.--Notwithstanding paragraph
(2) and subject to paragraph (4), if the Attorney General makes
a determination that a decision may not be declassified and
made available in a manner that protects the national security
of the United States, including methods or sources related to
national security, the Attorney General shall release an
unclassified summary of such decision.
``(4) Unclassified report.--Notwithstanding paragraphs (2)
and (3), if the Attorney General makes a determination that any
decision may not be declassified under paragraph (2) and an
unclassified summary of such decision may not be made available
under paragraph (3), the Attorney General shall make available
to the public an unclassified report on the status of the
internal deliberations and process regarding the
declassification by personnel of Executive branch of such
decisions. Such report shall include--
``(A) an estimate of the number of decisions that
will be declassified at the end of such deliberations;
and
``(B) an estimate of the number of decisions that,
through a determination by the Attorney General, shall
remain classified to protect the national security of
the United States.''.
(2) Section 702.--Section 702(l) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is
amended by adding at the end the following:
``(4) Disclosure of decisions.--
``(A) Decision defined.--In this paragraph, the
term `decision' means any decision, order, or opinion
issued by the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of
Review that includes significant construction or
interpretation of this section.
``(B) Requirement for disclosure.--Subject to
subparagraphs (C) and (D), the Attorney General shall
declassify and make available to the public--
``(i) each decision that is required to be
submitted to committees of Congress under
section 601(c), not later than 45 days after
such opinion is issued; and
``(ii) each decision issued prior to the
date of the enactment of the Ending Secret Law
Act that was required to be submitted to
committees of Congress under section 601(c),
not later than 180 days after such date of
enactment.
``(C) Unclassified summaries.--Notwithstanding
subparagraph (B) and subject to subparagraph (D), if
the Attorney General makes a determination that a
decision may not be declassified and made available in
a manner that protects the national security of the
United States, including methods or sources related to
national security, the Attorney General shall release
an unclassified summary of such decision.
``(D) Unclassified report.--Notwithstanding
subparagraphs (B) and (C), if the Attorney General
makes a determination that any decision may not be
declassified under subparagraph (B) and an unclassified
summary of such decision may not be made available
under subparagraph (C), the Attorney General shall make
available to the public an unclassified report on the
status of the internal deliberations and process
regarding the declassification by personnel of
Executive branch of such decisions. Such report shall
include--
``(i) an estimate of the number of
decisions that will be declassified at the end
of such deliberations; and
``(ii) an estimate of the number of
decisions that, through a determination by the
Attorney General, shall remain classified to
protect the national security of the United
States.''. | Ending Secret Law Act - Expresses the sense of Congress that each decision, order, or opinion ("decision," for purposes of this Act) issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes significant construction or interpretation of Foreign Intelligence Surveillance Act of 1978 (FISA) provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information should be declassified in a manner consistent with the protection of national security, intelligence sources and methods, and other properly classified and sensitive information. Amends FISA provisions concerning access to business records and the targeting of persons reasonably believed to be located outside the United States to require the Attorney General, with exceptions, to declassify and make publicly available decisions concerning certain surveillance orders required for inclusion in a semiannual report to Congress. Requires release to the public of unclassified summaries and reports if the Attorney General determines that a decision may not be declassified. Requires the Attorney General, in cases in which an unclassified summary may not be made available, to make publicly available an unclassified report on the status of the internal deliberations and process regarding the declassification by executive branch personnel of such decisions, including estimates of the number of decisions that will be declassified or remain classified. | {"src": "billsum_train", "title": "Ending Secret Law Act"} | 1,714 | 309 | 0.524326 | 1.576992 | 0.818963 | 4.272358 | 6.097561 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Sanctions Enabling Act of
2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is an increasing interest by States, local
governments, educational institutions, and private institutions
to seek to disassociate themselves from companies that directly
or indirectly support the efforts of the Government of Iran to
achieve a nuclear weapons capability.
(2) Policy makers and fund managers may find moral,
prudential, or reputational reasons to divest from companies
that accept the business risk of operating in countries that
are subject to international economic sanctions or that have
business relationships with countries, governments, or entities
with which any United States company would be prohibited from
dealing because of economic sanctions imposed by the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Energy sector.--The term ``energy sector'' refers to
activities to develop petroleum or natural gas resources or
nuclear power.
(2) Financial institution.--The term ``financial
institution'' has the meaning given that term in section 14(5)
of the Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note).
(3) Iran.--The term ``Iran'' includes any agency or
instrumentality of Iran.
(4) Person.--The term ``person'' means--
(A) a natural person, corporation, company,
business association, partnership, society, trust, or
any other nongovernmental entity, organization, or
group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development
institution (as defined in section 1701(c)(3) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(3))); and
(C) any successor, subunit, parent company, or
subsidiary of any entity described in subparagraph (A)
or (B).
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(6) State or local government.--The term ``State or local
government'' includes--
(A) any State and any agency or instrumentality
thereof;
(B) any local government within a State, and any
agency or instrumentality thereof;
(C) any other governmental instrumentality; and
(D) any public institution of higher education
within the meaning of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.).
SEC. 4. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN
COMPANIES INVESTED IN IRAN'S ENERGY SECTOR.
(a) Statement of Policy.--It is the policy of the United States to
support the decision of State governments, local governments, and
educational institutions to divest from, and to prohibit the investment
of assets they control in, persons that have investments of $20,000,000
or more in Iran's energy sector.
(b) Authority To Divest.--Notwithstanding any other provision of
law, a State or local government may adopt and enforce measures that
meet the requirements of subsection (d) to divest the assets of the
State or local government from, or prohibit investment of the assets of
the State or local government in, any person that the State or local
government determines, using credible information available to the
public, engages in investment activities in Iran described in
subsection (c).
(c) Investment Activities in Iran Described.--A person engages in
investment activities in Iran described in this subsection if the
person--
(1) has an investment of $20,000,000 or more--
(A) in the energy sector of Iran; or
(B) in a person that provides oil or liquified
natural gas tankers, or products used to construct or
maintain pipelines used to transport oil or liquified
natural gas, for the energy sector in Iran; or
(2) is a financial institution that extends $20,000,000 or
more in credit to another person, for 45 days or more, if that
person will use the credit to invest in the energy sector in
Iran.
(d) Requirements.--The requirements referred to in subsection (b)
that a measure taken by a State or local government must meet are the
following:
(1) Notice.--The State or local government shall provide
written notice to each person to which the State or local
government, as the case may be, intends to apply the measure,
of such intent.
(2) Timing.--The measure shall apply to a person not
earlier than the date that is 90 days after the date on which
the person receives the written notice required by paragraph
(1).
(3) Opportunity for hearing.--The State or local government
shall provide each person referred to in paragraph (1) with an
opportunity to demonstrate to the State or local government, as
the case may be, that the person does not engage in investment
activities in Iran described in subsection (c). If the person
demonstrates to the State or local government that the person
does not engage in investment activities in Iran described in
subsection (c), the measure shall not apply to the person.
(4) Sense of congress on avoiding erroneous targeting.--It
is the sense of Congress that a State or local government
should not adopt a measure under subsection (b) with respect to
a person unless the State or local government has made every
effort to avoid erroneously targeting the person and has
verified that the person engages in investment activities in
Iran described in subsection (c).
(e) Notice to Department of Justice.--Not later than 30 days after
adopting a measure pursuant to subsection (b), a State or local
government shall submit to the Attorney General of the United States a
written notice that describes the measure.
(f) Nonpreemption.--A measure of a State or local government
authorized under subsection (b) is not preempted by any Federal law or
regulation.
(g) Definitions.--In this section:
(1) Investment.--The ``investment'' of assets, with respect
to a State or local government, includes--
(A) a commitment or contribution of assets;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for
goods or services.
(2) Assets.--
(A) In general.--Except as provided in subparagraph
(B), the term ``assets'' refers to public monies and
includes any pension, retirement, annuity, or endowment
fund, or similar instrument, that is controlled
directly or indirectly by a State or local government.
(B) Exception.--The term ``assets'' does not
include employee benefit plans covered by title I of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.).
(h) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall apply to measures adopted by a State or local
government before, on, or after the date of the enactment of
this Act.
(2) Notice requirements.--Subsections (d) and (e) apply
with respect to measures adopted by a State or local government
on or after the date of the enactment of this Act.
SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
MANAGERS.
Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-13(c)(1)) is amended by inserting before the period the following:
``or engage in investment activities in Iran described in section 4(c)
of the Iran Sanctions Enabling Act of 2009''.
SEC. 6. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE
BENEFIT PLANS.
Section 502 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1132) is amended by adding at the end the following new
subsection:
``(n) No person shall be treated as breaching any of the
responsibilities, obligations, or duties imposed upon fiduciaries by
this title, and no action may be brought under this section against any
person, for divesting plan assets from, or avoiding investing plan
assets in, persons that such person determines, using credible
information available to the public, engage in investment activities in
Iran described in section 4(c) of the Iran Sanctions Enabling Act of
2009.''.
SEC. 7. SUNSET.
The provisions of this Act shall terminate on the day that is 30
days after the date on which the President certifies to Congress that--
(1) the Government of Iran has ceased providing support for
acts of international terrorism and no longer satisfies the
requirements for designation as a state sponsor of terrorism
for purposes of--
(A) section 40 of the Arms Export Control Act (22
U.S.C. 2780);
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)), as continued in
effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); or
(D) any other provision of law relating to
governments that provide support for acts of
international terrorism; and
(2) the Government of Iran has ceased the pursuit,
acquisition, and development of nuclear, biological, and
chemical weapons and ballistic missiles and ballistic missile
launch technology. | Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of $20 million or more in Iran's energy sector.
Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit the investment of assets they control in, such persons, including financial institutions which extend them credit to so invest.
Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by such persons.
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting employee benefit plan assets from, or avoiding investing plan assets in, such persons. | {"src": "billsum_train", "title": "A bill to authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, and for other purposes."} | 2,168 | 207 | 0.531688 | 1.628669 | 0.779716 | 4.71978 | 10.620879 | 0.873626 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Psychiatric and
Mental Health Care Improvement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Substance Abuse and Mental Health Services
Administration concludes the rate of serious mental illness in
American Indians and Alaska Natives is twice that of any other
race or ethnicity.
(2) The Centers for Disease Control and Prevention
concludes the suicide rate among American Indian and Alaska
Native youth is more than twice that of any other race or
ethnicity.
(3) The United States Surgeon General attributes high rates
of homelessness, incarceration, alcohol and drug abuse, stress,
and trauma as principal causes of mental illness in American
Indians and Alaska Natives.
(4) The Agency for Healthcare Research and Quality
concludes in The National Health Disparity Report, 2011, that
American Indians and Alaska Natives had worse care than Whites
in 28 measures of health care quality and access.
(5) The Indian Health Service reports that per capita
spending on personal health care of American Indians and Alaska
Natives was $2,741 in 2012--nearly two-thirds below the
national average of $7,239.
(6) The Department of Health and Human Services, Office of
Inspector General, reports that a shortage of psychiatrists at
the Indian Health Service and other tribal health facilities
significantly limits mental health access to American Indians
and Alaska Natives.
(7) The One Sky Center, the American Indian/Alaska Native
National Resource Center for Substance Abuse and Mental Health
Services, identifies 20 psychiatrists currently practicing in
Indian country (out of approximately 60,000 psychiatrists
practicing nationwide), and 2 Native American psychiatrists
currently practicing in Indian country (out of 13 practicing
nationwide).
(8) According to the American Psychiatric Association,
psychiatric physicians practicing in American Indian and Alaska
Native population groups often face cultural competency
challenges, professional isolation, high demand for medical and
mental health services, relatively low compensation, and high
burnout rates.
(9) A legislative initiative is warranted to create a
nationally-replicable workforce model that identifies and
incorporates best practices for recruiting, training,
deploying, and professionally supporting Native American
psychiatric physicians or non-Native American psychiatric
physicians (or both), who are fully integrated into existing
medical, mental, and behavioral health systems in Indian health
programs.
SEC. 3. DEMONSTRATION GRANT PROGRAM TO RECRUIT, TRAIN, DEPLOY, AND
PROFESSIONALLY SUPPORT PSYCHIATRIC PHYSICIANS IN INDIAN
HEALTH PROGRAMS.
(a) Establishment.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), in consultation with
the Director of the Indian Health Service and demonstration programs
established under section 123 of the Indian Health Care Improvement Act
(25 U.S.C. 1616p), shall award one 5-year grant to one eligible entity
to carry out a demonstration program (in this Act referred to as the
``Program'') under which the eligible entity shall carry out the
activities described in subsection (b).
(b) Activities To Be Carried Out by Recipient of Grant Under
Program.--Under the Program, the grant recipient shall--
(1) create a nationally-replicable workforce model that
identifies and incorporates best practices for recruiting,
training, deploying, and professionally supporting Native
American and non-Native American psychiatric physicians to be
fully integrated into medical, mental, and behavioral health
systems in Indian health programs;
(2) recruit to participate in the Program Native American
and non-Native American psychiatric physicians who demonstrate
interest in providing specialty health care services (as
defined in section 313(a)(3) of the Indian Health Care
Improvement Act (25 U.S.C. 1638g(a)(3))) and primary care
services to American Indians and Alaska Natives;
(3) provide such psychiatric physicians participating in
the Program with not more than 1 year of supplemental clinical
and cultural competency training to enable such physicians to
provide such specialty health care services and primary care
services in Indian health programs;
(4) with respect to such psychiatric physicians who are
participating in the Program and trained under paragraph (3),
deploy such physicians to practice specialty care or primary
care in Indian health programs for a period of not less than 2
years and professionally support such physicians for such
period with respect to practicing such care in such programs;
and
(5) not later than 1 year after the last day of the 5-year
period for which the grant is awarded under subsection (a),
submit to the Secretary and to the appropriate committees of
Congress a report that shall include--
(A) the workforce model created under paragraph
(1);
(B) strategies for disseminating the workforce
model to other entities with the capability of adopting
it; and
(C) recommendations for the Secretary and Congress
with respect to supporting an effective and stable
psychiatric and mental health workforce that serves
American Indians and Alaska Natives.
(c) Eligible Entities.--
(1) Requirements.--To be eligible to receive the grant
under this section, an entity shall--
(A) submit to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require;
(B) be a department of psychiatry within a medical
school in the United States that is accredited by the
Liaison Committee on Medical Education or a public or
private non-profit entity affiliated with a medical
school in the United States that is accredited by the
Liaison Committee on Medical Education; and
(C) have in existence, as of the time of submission
of the application under subparagraph (A), a
relationship with Indian health programs in at least
two States with a demonstrated need for psychiatric
physicians and provide assurances that the grant will
be used to serve rural and non-rural American Indian
and Alaska Native populations in at least two States.
(2) Priority in selecting grant recipient.--In awarding the
grant under this section, the Secretary shall give priority to
an eligible entity that satisfies each of the following:
(A) Demonstrates sufficient infrastructure in size,
scope, and capacity to undertake the supplemental
clinical and cultural competency training of a minimum
of 5 psychiatric physicians, and to provide ongoing
professional support to psychiatric physicians during
the deployment period to an Indian health program.
(B) Demonstrates a record in successfully
recruiting, training, and deploying physicians who are
American Indians and Alaska Natives.
(C) Demonstrates the ability to establish a program
advisory board, which may be primarily composed of
representatives of federally-recognized tribes, Alaska
Natives, and Indian health programs to be served by the
Program.
(d) Eligibility of Psychiatric Physicians To Participate in the
Program.--
(1) In general.--To be eligible to participate in the
Program, as described in subsection (b), a psychiatric
physician shall--
(A) be licensed or eligible for licensure to
practice in the State to which the physician is to be
deployed under subsection (b)(4); and
(B) demonstrate a commitment beyond the one year of
training described in subsection (b)(3) and two years
of deployment described in subsection (b)(4) to a
career as a specialty care physician or primary care
physician providing mental health services in Indian
health programs.
(2) Preference.--In selecting physicians to participate
under the Program, as described in subsection (b)(2), the grant
recipient shall give preference to physicians who are American
Indians and Alaska Natives.
(e) Loan Forgiveness.--Under the Program, any psychiatric physician
accepted to participate in the Program shall, notwithstanding the
provisions of subsection (b) of section 108 of the Indian Health Care
Improvement Act (25 U.S.C. 1616a) and upon acceptance into the Program,
be deemed eligible and enrolled to participate in the Indian Health
Service Loan Repayment Program under such section 108. Under such Loan
Repayment Program, the Secretary shall pay on behalf of the physician
for each year of deployment under the Program under this section up to
$35,000 for loans described in subsection (g)(1) of such section 108.
(f) Deferral of Certain Service.--The starting date of required
service of individuals in the National Health Service Corps Service
Program under title II of the Public Health Service Act (42 U.S.C. 202
et seq.) who are psychiatric physicians participating under the Program
under this section shall be deferred until the date that is 30 days
after the date of completion of the participation of such a physician
in the Program under this section.
(g) Definitions.--For purposes of this Act:
(1) American indians and alaska natives.--The term
``American Indians and Alaska Natives'' has the meaning given
the term ``Indian'' in section 447.50(b)(1) of title 42, Code
of Federal Regulations, as in existence as of the date of the
enactment of this Act.
(2) Indian health program.--The term ``Indian health
program'' has the meaning given such term in section 104(12) of
the Indian Health Care Improvement Act (25 U.S.C. 1603(12)).
(3) Professionally support.--The term ``professionally
support'' means, with respect to psychiatric physicians
participating in the Program and deployed to practice specialty
care or primary care in Indian health programs, the provision
of compensation to such physicians for the provision of such
care during such deployment and may include the provision,
dissemination, or sharing of best practices, field training,
and other activities deemed appropriate by the recipient of the
grant under this section.
(4) Psychiatric physician.--The term ``psychiatric
physician'' means a medical doctor or doctor of osteopathy in
good standing who has successfully completed four-year
psychiatric residency training or who is enrolled in four-year
psychiatric residency training in a residency program
accredited by the Accreditation Council for Graduate Medical
Education.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of the
fiscal years 2014 through 2018. | Native American Psychiatric and Mental Health Care Improvement Act - Directs the Secretary of Health and Human Services (HHS) to award a five-year grant to one department of psychiatry in, or one non-profit entity affiliated with, an accredited medical school in this country to carry out a demonstration program to recruit, train, deploy, and professionally support psychiatric physicians who agree to provide primary and specialty health care services in Indian health programs for at least two years. Requires the grantee to: (1) create a nationally-replicable workforce model that identifies and incorporates best practices for carrying out such activities, and (2) provide participating psychiatric physicians with up to one year of supplemental clinical and cultural competency training that enables them to provide primary and specialty health care services in Indian health programs. Requires participating psychiatric physicians to: (1) be licensed or eligible for licensure to practice in the state to which they will be deployed; and (2) demonstrate a commitment, beyond the one year of training and two years of deployment, to a career as a specialty care or primary care physician providing mental health services in Indian health programs. Gives a preference to psychiatric physicians who are American Indians or Alaska Natives. Directs the Secretary to make a repayment, under the Indian Health Service Loan Repayment Program, of the educational loans of participating psychiatric physicians for each year of their deployment to an Indian health program. | {"src": "billsum_train", "title": "Native American Psychiatric and Mental Health Care Improvement Act"} | 2,266 | 324 | 0.618474 | 1.940367 | 0.875004 | 3.718519 | 7.574074 | 0.940741 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Market Access Act of
2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) A principal negotiating objective of the United States
regarding trade barriers and other trade distortions must be to
expand competitive market opportunities for United States
exports and to obtain fairer and more open conditions of trade
by reducing or eliminating tariff and nontariff barriers and
policies and practices of foreign governments directly related
to trade that hinders market opportunities for United States
exports or otherwise distorts United States trade.
(2) One of the fundamental tenets of the World Trade
Organization (WTO) is reciprocal market access and, in fact,
this principle is underscored in the Marrakesh Agreement
Establishing the World Trade Organization which called for
``entering into reciprocal and mutually advantageous
arrangements directed to the substantial reduction of tariffs
and other barriers to trade and to the elimination of
discriminatory treatment in international trade relations''.
(3) If negotiations between the United States and a foreign
country do not provide meaningful market access for products of
United States domestic producers who have sought market access
assistance from the United States Government, then the United
States must not reduce or eliminate tariffs for products of the
foreign country, having the same physical characteristics and
uses pursuant to any trade agreement entered into between the
United States and the foreign country.
(4) With each subsequent round of bilateral, regional, and
multilateral trade negotiations, tariffs have been
significantly reduced or eliminated for many manufactured
goods, leaving nontariff barriers as the most pervasive,
significant, and challenging barriers to United States exports
and market opportunities.
(5) The United States market is widely recognized as one of
the most open markets in the world: average United States
tariff rates are very low and the United States has limited, if
any, nontariff barriers.
(6) Consequently, the leverage the United States has to
obtain removal of nontariff barriers of foreign countries is
often tariffs on imports from foreign countries into the United
States.
(7) Under the current negotiating process, negotiations to
reduce or eliminate tariff barriers and nontariff barriers are
separate and self-contained, meaning that tradeoffs are tariff-
for-tariff and nontariff-for-nontariff. As a result, a tariff
can be reduced or eliminated without securing elimination of
the real barrier or barriers that deny United States industry
access to a foreign market.
(8) The United States should not engage in trade
negotiations in such a compartmentalized manner thereby
effectively and unilaterally disarming itself by leveraging its
limited tariff barriers without securing elimination of
nontariff barriers of foreign countries and ensuring that new
barriers are not created or discovered.
(9) The United States should seek to ensure market access
results are obtained before reducing or eliminating domestic
tariffs. Specifically, the United States Trade Representative
should seek to ensure market access for products of United
States domestic producers who have sought market access
assistance from the United States Government and have provided
a reasonable indication of the denial of meaningful market
access.
(b) Purpose.--The purpose of this Act is to ensure that United
States trade negotiations achieve real and meaningful results for
United States industry by ensuring that trade agreements result in
meaningful market access for the exports of United States domestic
producers and not just the elimination of tariffs on imports into the
United States.
SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY
PURSUANT TO CERTAIN TRADE AGREEMENTS.
(a) Limitation.--Notwithstanding any other provision of the law,
the President may not agree to a modification of any existing duty that
would reduce or eliminate the bound or applied rate of such duty on any
product in order to carry out any trade agreement entered into between
the United States and a foreign country on or after the date of the
enactment of this Act until the President transmits to Congress a
certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification of the President that--
(1) the United States has obtained the reduction or
elimination of tariff and nontariff barriers and policies and
practices of the government of the foreign country described in
subsection (a) with respect to United States exports of any
product identified by United States domestic producers that has
the same physical characteristics and uses as the product for
which a modification of any existing duty is sought by the
President to carry out the trade agreement described in
subsection (a); and
(2) a violation of any provision of the trade agreement
described in subsection (a) relating to the matters described
in paragraph (1) is immediately enforceable in accordance with
the provisions of section 4.
SEC. 4. ENFORCEMENT PROVISIONS.
(a) Withdrawal of Tariff Concessions.--If the United States Trade
Representative determines pursuant to subsection (c) that any tariff or
nontariff barrier or policy or practice of the government of a foreign
country described in section 3(a) has not been reduced or eliminated,
or that a tariff or nontariff barrier or policy or practice of such
government has been imposed or discovered, with respect to United
States exports of any product identified by United States domestic
producers that has the same physical characteristics and uses as the
product for which a modification of any existing duty has been sought
by the President to carry out the trade agreement described in section
3(a), then, notwithstanding any other provision of law, the
modification of the existing duty shall be withdrawn until such time as
the United States Trade Representative submits to Congress a
certification that the United States has obtained the reduction or
elimination of the tariff or nontariff barrier or policy or practice of
such government.
(b) Investigation.--
(1) In general.--An investigation shall be initiated by the
United States Trade Representative whenever an interested party
files a petition with the United States Trade Representative
which alleges the elements necessary for the withdrawal of the
modification of an existing duty under subsection (a), and
which is accompanied by information reasonably available to the
petitioner supporting such allegations.
(2) Interested party defined.--For purposes of paragraph
(1), the term ``interested party'' means--
(A) a manufacturer, producer, or wholesaler in the
United States of a domestic product with the same
physical characteristics and uses as the product for
which a modification of any existing duty has been
sought;
(B) a certified union or recognized union or group
of workers engaged in the manufacture, production, or
wholesale in the United States of a domestic product
that has the same physical characteristics and uses as
the product for which a modification of any existing
duty has been sought;
(C) a trade or business association a majority of
whose members manufacture, produce, or wholesale in the
United States a domestic product that has the same
physical characteristics and uses as the product for
which a modification of any existing duty has been
sought; and
(D) a member of the Committee on Ways and Means of
the House of Representatives or a member of the
Committee on Finance of the Senate.
(c) Determination by USTR.--Not later than 45 days after the date
on which a petition is filed under subsection (b), the United States
Trade Representative shall--
(1) determine whether the petition alleges the elements
necessary for the withdrawal of the modification of an existing
duty under subsection (a); and
(2) notify the petitioner of the determination under
paragraph (1) and the reasons for the determination. | Reciprocal Market Access Act of 2007 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out any trade agreement entered into between the United States and a foreign country until the President certifies to Congress that: (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of such foreign country with respect to U.S. exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty; and (2) any violation of the trade agreement is immediately enforceable by withdrawal of the modification of the existing duty on such foreign product until the United States Trade Representative (USTR) certifies to Congress that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such foreign government. | {"src": "billsum_train", "title": "To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, regional, and multilateral trade agreements."} | 1,629 | 190 | 0.570326 | 1.735324 | 0.669802 | 5.608187 | 9.093567 | 0.953216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Disaster Loan
Reporting Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``applicable period'' means the period
beginning on the date on which the President declares a major
disaster and ending on the date that is 30 days after the later
of the closing date for applications for physical disaster
loans for that disaster and the closing date for applications
for economic injury disaster loans for that disaster;
(3) the term ``disaster loan program of the
Administration'' means assistance under section 7(b) of the
Small Business Act (15 U.S.C. 636(b));
(4) the term ``disaster update period'' means the period
beginning on the date on which the President declares a major
disaster and ending on the date on which that declaration
terminates;
(5) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122);
(6) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632); and
(7) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and any territory or possession of the United
States.
SEC. 3. DEVELOPMENT AND IMPLEMENTATION OF MAJOR DISASTER RESPONSE PLAN.
(a) In General.--Not later than May 1, 2007, the Administrator
shall--
(1) by rule, amend the 2006 Atlantic hurricane season
disaster response plan of the Administration (in this section
referred to as the ``disaster response plan'') to apply to
major disasters; and
(2) submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives detailing the
amendments to the disaster response plan.
(b) Contents.--The amended report required under subsection (a)(2)
shall include--
(1) any updates or modifications made to the disaster
response plan since the report regarding the disaster response
plan submitted on July 14, 2006;
(2) a description of how the Administrator plans to utilize
and integrate District Office personnel of the Administration
in the response to a major disaster, including information on
the utilization of personnel for loan processing and loan
disbursement;
(3) a description of the disaster scalability model of the
Administration and on what basis or function the plan is
scaled;
(4) a description of how the agency-wide Disaster Oversight
Council is structured, which offices comprise its membership,
and whether the Associate Deputy Administrator for
Entrepreneurial Development of the Administration is a member;
(5) a description of how the Administrator plans to
coordinate the disaster efforts of the Administration with
State and local government officials, including recommendations
on how to better incorporate State initiatives or programs,
such as State-administered bridge loan programs, into the
disaster response of the Administration;
(6) recommendations, if any, on how the Administrator can
better coordinate its disaster response operations with the
operations of other Federal, State, and local entities;
(7) any surge plan for the disaster loan program of the
Administration in effect on or after August 29, 2005 (including
surge plans for loss verification, loan processing, mailroom,
customer service or call center operations, and a continuity of
operations plan);
(8) the number of full-time equivalent employees and job
descriptions for the planning and disaster response staff of
the Administration;
(9) the in-service and preservice training procedures for
disaster response staff of the Administration;
(10) information on the logistical support plans of the
Administration (including equipment and staffing needs, and
detailed information on how such plans will be scalable
depending on the size and scope of the major disaster;
(11) a description of the findings and recommendations of
the Administrator, if any, based on a review of the response of
the Administration to Hurricane Katrina of 2005, Hurricane Rita
of 2005, and Hurricane Wilma of 2005; and
(12) a plan for how the Administrator, in cooperation with
the Administrator of the Federal Emergency Management Agency,
will coordinate the provision of accommodations and necessary
resources for disaster assistance personnel to effectively
perform their responsibilities in the aftermath of a major
disaster.
(c) Exercises.--Not later than May 31, 2007, the Administrator
shall develop and execute simulation exercises to demonstrate the
effectiveness of the amended disaster response plan required under this
section.
SEC. 4. CONGRESSIONAL OVERSIGHT.
(a) Monthly Accounting Report to Congress.--
(1) Reporting requirements.--Not later than the fifth
business day of each month during the applicable period for a
major disaster, the Administrator shall provide to the
Committee on Small Business and Entrepreneurship and the
Committee on Appropriations of the Senate and to the Committee
on Small Business and the Committee on Appropriations of the
House of Representatives a report on the operation of the
disaster loan program authorized under section 7 of the Small
Business Act (15 U.S.C. 636) for that major disaster during the
preceding month.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) the daily average lending volume, in number of
loans and dollars, and the percent by which each
category has increased or decreased since the previous
report under paragraph (1);
(B) the weekly average lending volume, in number of
loans and dollars, and the percent by which each
category has increased or decreased since the previous
report under paragraph (1);
(C) the amount of funding spent over the month for
loans, both in appropriations and program level, and
the percent by which each category has increased or
decreased since the previous report under paragraph
(1);
(D) the amount of funding available for loans, both
in appropriations and program level, and the percent by
which each category has increased or decreased since
the previous report under paragraph (1), noting the
source of any additional funding;
(E) an estimate of how long the available funding
for such loans will last, based on the spending rate;
(F) the amount of funding spent over the month for
staff, along with the number of staff, and the percent
by which each category has increased or decreased since
the previous report under paragraph (1);
(G) the amount of funding spent over the month for
administrative costs, and the percent by which such
spending has increased or decreased since the previous
report under paragraph (1);
(H) the amount of funding available for salaries
and expenses combined, and the percent by which such
funding has increased or decreased since the previous
report under paragraph (1), noting the source of any
additional funding; and
(I) an estimate of how long the available funding
for salaries and expenses will last, based on the
spending rate.
(b) Daily Disaster Updates to Congress for Presidentially Declared
Disasters.--
(1) In general.--Each day during a disaster update period,
excluding Federal holidays and weekends, the Administration
shall provide to the Committee on Small Business and
Entrepreneurship of the Senate and to the Committee on Small
Business of the House of Representatives a report on the
operation of the disaster loan program of the Administration
for the area in which the President declared a major disaster.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) the number of Administration staff performing
loan processing, field inspection, and other duties for
the declared disaster, and the allocations of such
staff in the disaster field offices, disaster recovery
centers, workshops, and other Administration offices
nationwide;
(B) the daily number of applications received from
applicants in the relevant area, as well as a breakdown
of such figures by State;
(C) the daily number of applications pending
application entry from applicants in the relevant area,
as well as a breakdown of such figures by State;
(D) the daily number of applications withdrawn by
applicants in the relevant area, as well as a breakdown
of such figures by State;
(E) the daily number of applications summarily
declined by the Administration from applicants in the
relevant area, as well as a breakdown of such figures
by State;
(F) the daily number of applications declined by
the Administration from applicants in the relevant
area, as well as a breakdown of such figures by State;
(G) the daily number of applications in process
from applicants in the relevant area, as well as a
breakdown of such figures by State;
(H) the daily number of applications approved by
the Administration from applicants in the relevant
area, as well as a breakdown of such figures by State;
(I) the daily dollar amount of applications
approved by the Administration from applicants in the
relevant area, as well as a breakdown of such figures
by State;
(J) the daily amount of loans dispersed, both
partially and fully, by the Administration to
applicants in the relevant area, as well as a breakdown
of such figures by State;
(K) the daily dollar amount of loans disbursed,
both partially and fully, from the relevant area, as
well as a breakdown of such figures by State;
(L) the number of applications approved, including
dollar amount approved, as well as applications
partially and fully disbursed, including dollar
amounts, since the last report under paragraph (1); and
(M) the declaration date, physical damage closing
date, economic injury closing date, and number of
counties included in the declaration of a major
disaster.
(c) Notice of the Need for Supplemental Funds.--On the same date
that the Administrator notifies any committee of the Senate or the
House of Representatives that supplemental funding is necessary for the
disaster loan program of the Administration in any fiscal year, the
Administrator shall notify in writing the Committee on Small Business
and Entrepreneurship of the Senate and to the Committee on Small
Business of the House of Representatives regarding the need for
supplemental funds for that loan program.
(d) Report on Contracting.--
(1) In general.--Not later than 6 months after the date on
which the President declares a major disaster, and every 6
months thereafter until the date that is 18 months after the
date on which the major disaster was declared, the
Administrator shall submit a report to the Committee on Small
Business and Entrepreneurship of the Senate and to the
Committee on Small Business of the House of Representatives
regarding Federal contracts awarded as a result of that major
disaster.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) the total number of contracts awarded as a
result of that major disaster;
(B) the total number of contracts awarded to small
business concerns as a result of that major disaster;
(C) the total number of contracts awarded to women
and minority-owned businesses as a result of that major
disaster; and
(D) the total number of contracts awarded to local
businesses as a result of that major disaster.
(e) Report on Loan Approval Rate.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall submit a report
to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives detailing how the Administration can improve
the processing of applications under the disaster loan program
of the Administration.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) recommendations, if any, regarding--
(i) staffing levels during a major
disaster;
(ii) how to improve the process for
processing, approving, and disbursing loans
under the disaster loan program of the
Administration, to ensure that the maximum
assistance is provided to victims in a timely
manner;
(iii) the viability of using alternative
methods for assessing the ability of an
applicant to repay a loan, including the credit
score of the applicant on the day before the
date on which the disaster for which the
applicant is seeking assistance was declared;
(iv) methods, if any, for the
Administration to expedite loss verification
and loan processing of disaster loans during a
major disaster for businesses affected by, and
located in the area for which the President
declared, the major disaster that are a major
source of employment in the area or are vital
to recovery efforts in the region (including
providing debris removal services, manufactured
housing, or building materials);
(v) legislative changes, if any, needed to
implement findings from the Administration's
Accelerated Disaster Response Initiative; and
(vi) a description of how the
Administration plans to integrate and
coordinate the response to a major disaster
with the technical assistance programs of the
Administration; and
(B) the plans of the Administrator for implementing
any recommendation made under subparagraph (A). | Small Business Disaster Loan Reporting Act of 2007 - Directs the Administrator of the Small Business Administration (SBA) to: (1) amend the 2006 hurricane season disaster response plan to apply to major disasters; (2) report monthly to the congressional small business committees on the operation of the SBA disaster loan program; (3) provide daily updates during presidentially declared disaster periods; (4) provide reports regarding federal contracts awarded as a result of a major disaster; and (5) report on how the SBA can improve the processing of applications under the disaster loan program. | {"src": "billsum_train", "title": "A bill to require reporting regarding the disaster loan program of the Small Business Administration, and for other purposes."} | 2,750 | 114 | 0.636027 | 1.601676 | 0.667141 | 3.418182 | 25.154545 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expanding Research for Women in
Trauma Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Most studies of violence against women currently focus
on physical abuse or rape, primarily because they are easier to
identify and measure and are potentially lethal, however,
almost all battered women describe psychological abuse as the
most harmful.
(2) Most available research on violence against women has
focused on young to middle-aged white women living in the
community although available data shows that incarcerated
women, women living in poverty, women belonging to minority
ethnic and language groups, older women, and women with mental
and physical disabilities report especially high rates of
victimization.
(3) Victims of violence are at increased risk for a number
of physical and mental health problems, for example, in primary
care practice, women who have been raped report more symptoms
of illness and more negative health behaviors than
nonvictimized women.
(4) Effective methods for screening to identify women
affected by violence are prerequisite to understanding the
outcomes of abuse-sensitive medical care, for example, the
effect of medical attention to violence on perceived health
utilization of health services over time, and patient
satisfaction.
(5) Violence against women occurs in a sociocultural
context. More research should be conducted to identify
sociocultural factors that promote and maintain violence
against women and to learn how sociocultural factors, such as
gender roles and poverty, mediate the effects of interpersonal
victimization.
(6) There are a number of community-based and legal system
interventions available to victims of interpersonal violence.
However, there is little evaluation research on the
effectiveness of these interventions, especially for various
subpopulations of women. More research needs to be conducted on
the effectiveness of legal and community-based interventions,
not only those with the goal of changing the behavior of
assailants but also those with the goal of helping women take
safety-promoting actions.
(7) Much of the research on violence against women examines
continuing rates of physical or psychological abuse as outcome
measures and measures the behavior of the perpetrators, not
something over which the woman has direct and immediate
control. However, research on the women's attempts to manage
and end the violence in their lives is rare.
(8) Much of the extant research has focused on violence
against women in the streets (sexual assault) or in their homes
(domestic violence and battering). However, consistent focus on
violence against women in work-related (violence by partners in
these settings and by coworkers and colleagues) and educational
contexts has been more limited.
SEC. 3. RESEARCH INITIATIVES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399O. VIOLENCE PREVENTION RESEARCH INITIATIVES.
``(a) In General.--The Secretary, in consultation with the Director
of the Centers for Disease Control and Prevention, the Director of the
National Institute of Mental Health, the Director of the Office of
Research on Women's Health, the Director of the Office of Women's
Health, the Director of the National Institute on Drug Abuse, the
Director of the National Institute on Alcohol Abuse and Alcoholism, the
Director of the National Institute for Occupational Safety and Health,
the Director of the Office of Behavioral and Social Science, the
Director of the Substance Abuse and Mental Health Administration, and
the Director of the National Center on Minority Health and Health
Disparities shall make grants and enter into contracts to--
``(1) increase research on the psychological sequelae of
violence against women;
``(2) expand research on special populations and their risk
for violence, including adolescents, older women, ethnic
minorities, women with disabilities, and other affected
populations;
``(3) increase research on violence against women as a risk
factor for various mental and physical health problems;
``(4) develop and test effective methods of screening for
violence in all points of entry to the health care system,
including mental health, emergency medicine, and primary care;
``(5) expand and enhance research on socioeconomic and
sociocultural correlates of violence, such as the factors that
create the predisposition toward violent behavior, situational
variables that trigger the expression of violence, and social
processes that allow violence to continue without negative
consequences to the perpetrator;
``(6) develop systematic and quantifiable measures to
evaluate treatment programs for victims and perpetrators of
violence;
``(7) conduct research to increase better understanding of
the complex process victimized women go through in attempting
to manage and end the violence in their lives and focus on
resilience and coping mechanisms; and
``(8) develop standardized questions concerning rape,
battering, and sexual harassment in work-related and
educational contexts to be routinely included in governmentally
sponsored national surveys in order to obtain a fuller and more
accurate assessment of the nature, prevalence, and effect of
multiple forms of violence against women in these settings.
``(b) Maximum Amount.--The Secretary shall not award a grant under
this section in an amount which exceeds $500,000.
``(c) Duration.--The Secretary shall award grants under this
section for a period not to exceed 5 years.
``(d) Application.--
``(1) In general.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought; and
``(B) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be
necessary.''. | Expanding Research for Women in Trauma Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to makes grants and enter into contracts for violence against women prevention research initiatives. | {"src": "billsum_train", "title": "A bill to expand research for women in trauma."} | 1,301 | 46 | 0.440339 | 1.117531 | 0.590023 | 3.225 | 31.6 | 0.925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer Security Enhancement Act of
2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The National Institute of Standards and Technology has
responsibility for developing standards and guidelines needed
to ensure the cost-effective security and privacy of sensitive
information in Federal computer systems.
(2) The Federal Government has an important role in
ensuring the protection of sensitive, but unclassified,
information controlled by Federal agencies.
(3) Technology that is based on the application of
cryptography exists and can be readily provided by private
sector companies to ensure the confidentiality, authenticity,
and integrity of information associated with public and private
activities.
(4) The development and use of encryption technologies by
industry should be driven by market forces rather than by
Government imposed requirements.
(b) Purposes.--The purposes of this Act are to--
(1) reinforce the role of the National Institute of
Standards and Technology in ensuring the security of
unclassified information in Federal computer systems; and
(2) promote technology solutions based on private sector
offerings to protect the security of Federal computer systems.
SEC. 3. SECURITY OF FEDERAL COMPUTERS AND NETWORKS.
Section 20(b) of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (3) the following new
paragraphs:
``(4) except for national security systems, as defined in
section 5142 of Public Law 104-106 (40 U.S.C. 1452), to provide
guidance and assistance to Federal agencies for protecting the
security and privacy of sensitive information in interconnected
Federal computer systems, including identification of
significant risks thereto;
``(5) to promote compliance by Federal agencies with
existing Federal computer information security and privacy
guidelines;
``(6) in consultation with appropriate Federal agencies,
assist Federal response efforts related to unauthorized access
to Federal computer systems;''.
SEC. 4. COMPUTER SECURITY IMPLEMENTATION.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3) is further amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c)(1) In carrying out subsection (a)(2) and (3), the Institute
shall--
``(A) emphasize the development of technology-neutral
policy guidelines for computer security and electronic
authentication practices by the Federal agencies;
``(B) promote the use of commercially available products,
which appear on the list required by paragraph (2), to provide
for the security and privacy of sensitive information in
Federal computer systems;
``(C) develop qualitative and quantitative measures
appropriate for assessing the quality and effectiveness of
information security and privacy programs at Federal agencies;
``(D) upon the request of a Federal agency, perform
evaluations to assess its existing information security and
privacy programs;
``(E) promote development of accreditation procedures for
Federal agencies based on the measures developed under
subparagraph (C);
``(F) if requested, consult with and provide assistance to
Federal agencies regarding the selection by agencies of
security technologies and products and the implementation of
security practices; and
``(G)(i) develop uniform testing procedures suitable for
determining the conformance of commercially available security
products to the guidelines and standards developed under
subsection (a)(2) and (3);
``(ii) establish procedures for certification of private
sector laboratories to perform the tests and evaluations of
commercially available security products developed in
accordance with clause (i); and
``(iii) promote the testing of commercially available
security products for their conformance with guidelines and
standards developed under subsection (a)(2) and (3).
``(2) The Institute shall maintain and make available to Federal
agencies and to the public a list of commercially available security
products that have been tested by private sector laboratories certified
in accordance with procedures established under paragraph (1)(G)(ii),
and that have been found to be in conformance with the guidelines and
standards developed under subsection (a)(2) and (3).
``(3) The Institute shall annually transmit to the Congress, in an
unclassified format, a report containing--
``(A) the findings of the evaluations and tests of Federal
computer systems conducted under this section during the 12
months preceding the date of the report, including the
frequency of the use of commercially available security
products included on the list required by paragraph (2);
``(B) the planned evaluations and tests under this section
for the 12 months following the date of the report; and
``(C) any recommendations by the Institute to Federal
agencies resulting from the findings described in subparagraph
(A), and the response by the agencies to those
recommendations.''.
SEC. 5. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by
inserting after subsection (c), as added by section 4 of this Act, the
following new subsection:
``(d)(1) The Institute shall solicit the recommendations of the
Computer System Security and Privacy Advisory Board, established by
section 21, regarding standards and guidelines that are being
considered for submittal to the Secretary in accordance with subsection
(a)(4). The recommendations of the Board shall accompany standards and
guidelines submitted to the Secretary.
``(2) There are authorized to be appropriated to the Secretary
$1,030,000 for fiscal year 2002 and $1,060,000 for fiscal year 2003 to
enable the Computer System Security and Privacy Advisory Board,
established by section 21, to identify emerging issues related to
computer security, privacy, and cryptography and to convene public
meetings on those subjects, receive presentations, and publish reports,
digests, and summaries for public distribution on those subjects.''.
SEC. 6. LIMITATION ON PARTICIPATION IN REQUIRING ENCRYPTION AND
ELECTRONIC AUTHENTICATION STANDARDS.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by
adding at the end the following new subsection:
``(g) The Institute shall not promulgate, enforce, or otherwise
adopt standards or policies for the Federal establishment of encryption
and electronic authentication standards required for use in computer
systems other than Federal Government computer systems.''.
SEC. 7. MISCELLANEOUS AMENDMENTS.
Section 20 of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-3), as amended by this Act, is further amended--
(1) in subsection (b)(8), as so redesignated by section
3(1) of this Act, by inserting ``to the extent that such
coordination will improve computer security and to the extent
necessary for improving such security for Federal computer
systems'' after ``Management and Budget)'';
(2) in subsection (e), as so redesignated by section 4(1)
of this Act, by striking ``shall draw upon'' and inserting in
lieu thereof ``may draw upon'';
(3) in subsection (e)(2), as so redesignated by section
4(1) of this Act, by striking ``(b)(5)'' and inserting in lieu
thereof ``(b)(7)''; and
(4) in subsection (f)(1)(B)(i), as so redesignated by
section 4(1) of this Act, by inserting ``and computer
networks'' after ``computers''.
SEC. 8. FEDERAL COMPUTER SYSTEM SECURITY TRAINING.
Section 5(b) of the Computer Security Act of 1987 (40 U.S.C. 759
note) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) to include emphasis on protecting information in
Federal databases and Federal computer sites that are
accessible through public networks.''.
SEC. 9. COMPUTER SECURITY FELLOWSHIP PROGRAM.
There are authorized to be appropriated to the Secretary of
Commerce $5,000,000 for fiscal year 2002 and $5,000,000 for fiscal year
2003 for the Director of the National Institute of Standards and
Technology for fellowships, subject to the provisions of section 18 of
the National Institute of Standards and Technology Act (15 U.S.C. 278g-
1), to support students at institutions of higher learning in computer
security. Amounts authorized by this section shall not be subject to
the percentage limitation stated in such section 18.
SEC. 10. STUDY OF ELECTRONIC AUTHENTICATION TECHNOLOGIES BY THE
NATIONAL RESEARCH COUNCIL.
(a) Review by National Research Council.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Commerce
shall enter into a contract with the National Research Council of the
National Academy of Sciences to conduct a study of electronic
authentication technologies for use by individuals, businesses, and
government.
(b) Contents.--The study referred to in subsection (a) shall--
(1) assess technology needed to support electronic
authentication technologies;
(2) assess current public and private plans for the
deployment of electronic authentication technologies;
(3) assess interoperability, scalability, and integrity of
private and public entities that are elements of electronic
authentication technologies; and
(4) address such other matters as the National Research
Council considers relevant to the issues of electronic
authentication technologies.
(c) Interagency Cooperation With Study.--All agencies of the
Federal Government shall cooperate fully with the National Research
Council in its activities in carrying out the study under this section,
including access by properly cleared individuals to classified
information if necessary.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Commerce shall transmit to the
Committee on Science of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report setting
forth the findings, conclusions, and recommendations of the National
Research Council for public policy related to electronic authentication
technologies for use by individuals, businesses, and government. The
National Research Council shall not recommend the implementation or
application of a specific electronic authentication technology or
electronic authentication technical specification for use by the
Federal Government. Such report shall be submitted in unclassified
form.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $450,000 for fiscal year
2002, to remain available until expended, for carrying out this
section.
SEC. 11. PROMOTION OF NATIONAL INFORMATION SECURITY.
The Under Secretary of Commerce for Technology shall--
(1) promote an increased use of security techniques, such
as risk assessment, and security tools, such as cryptography,
to enhance the protection of the Nation's information
infrastructure;
(2) establish a central repository of information for
dissemination to the public to promote awareness of information
security vulnerabilities and risks; and
(3) in a manner consistent with section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 nt), promote the development of national standards-
based infrastructures needed to support government, commercial,
and private uses of encryption technologies for confidentiality
and authentication.
SEC. 12. ELECTRONIC AUTHENTICATION INFRASTRUCTURES.
(a) Electronic Authentication Infrastructures.--
(1) Technology-neutral guidelines and standards.--Not later
than 18 months after the date of the enactment of this Act, the
Director, in consultation with industry and appropriate Federal
agencies, shall develop technology-neutral guidelines and
standards, or adopt existing technology-neutral industry
guidelines and standards, for electronic authentication
infrastructures to be made available to Federal agencies so
that such agencies may effectively select and utilize
electronic authentication technologies in a manner that is--
(A) adequately secure to meet the needs of those
agencies and their transaction partners; and
(B) interoperable, to the maximum extent possible.
(2) Elements.--The guidelines and standards developed under
paragraph (1) shall include--
(A) protection profiles for cryptographic and
noncryptographic methods of authenticating identity for
electronic authentication products and services;
(B) a core set of interoperability specifications
for the use of electronic authentication products and
services in electronic transactions between Federal
agencies and their transaction partners; and
(C) validation criteria to enable Federal agencies
to select cryptographic electronic authentication
products and services appropriate to their needs.
(3) Revisions.--The Director shall periodically review the
guidelines and standards developed under paragraph (1) and
revise them as appropriate.
(b) Listing of Products.--Not later than 30 months after the date
of the enactment of this Act, and thereafter, the Director shall
maintain and make available to Federal agencies a nonmandatory list of
commercially available electronic authentication products, and other
such products used by Federal agencies, evaluated as conforming with
the guidelines and standards developed under subsection (a).
(c) Specifications for Electronic Certification and Management
Technologies.--
(1) Specifications.--The Director shall, as appropriate,
establish core specifications for particular electronic
certification and management technologies, or their components,
for use by Federal agencies.
(2) Evaluation.--The Director shall advise Federal agencies
on how to evaluate the conformance with the specifications
established under paragraph (1) of electronic certification and
management technologies, developed for use by Federal agencies
or available for such use.
(3) Maintenance of list.--The Director shall maintain and
make available to Federal agencies a list of electronic
certification and management technologies evaluated as
conforming to the specifications established under paragraph
(1).
(d) Reports.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Director shall
transmit to the Congress a report that includes--
(1) a description and analysis of the utilization by
Federal agencies of electronic authentication technologies; and
(2) a description and analysis regarding the problems
Federal agencies are having, and the progress such agencies are
making, in implementing electronic authentication
infrastructures.
(e) Definitions.--For purposes of this section--
(1) the term ``electronic authentication'' means
cryptographic or noncryptographic methods of authenticating
identity in an electronic communication;
(2) the term ``electronic authentication infrastructure''
means the software, hardware, and personnel resources, and the
procedures, required to effectively utilize electronic
authentication technologies;
(3) the term ``electronic certification and management
technologies'' means computer systems, including associated
personnel and procedures, that enable individuals to apply
electronic authentication to electronic information; and
(4) the term ``protection profile'' means a list of
security functions and associated assurance levels used to
describe a product.
SEC. 13. SOURCE OF AUTHORIZATIONS.
There are authorized to be appropriated to the Secretary of
Commerce $7,000,000 for fiscal year 2002 and $8,000,000 for fiscal year
2003, for the National Institute of Standards and Technology to carry
out activities authorized by this Act for which funds are not otherwise
specifically authorized to be appropriated by this Act.
Passed the House of Representatives November 27, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Computer Security Enhancement Act of 2001 - Amends the National Institute of Standards and Technology Act to require the Institute to provide assistance to Federal agencies in the protection of computer networks, promote Federal compliance with computer information security and privacy guidelines, and assist Federal response efforts to unauthorized access to Federal systems.(Sec. 4) Requires the Institute to develop uniform standards for the cost-effective security and privacy of sensitive information in certain Federal systems, provide a list of certified commercial computer system security products, and report annually on Federal computer system evaluations.(Sec. 5) Directs the Institute to solicit Computer System Security and Privacy Advisory Board recommendations regarding standards. Authorizes appropriations for FY 2002 and 2003 to enable the Board to identify emerging computer security, privacy, and cryptography issues.(Sec. 6) Prohibits the Institute from adopting encryption and electronic authentication standards for other than Federal computer systems.(Sec. 7) Authorizes (current law requires) the Institute to draw upon National Security Agency computer security guidelines.(Sec. 8) Amends the Computer Security Act of 1987 to require Federal computer security training to emphasize protecting information accessible through public networks.(Sec. 9) Authorizes appropriations for FY 2002 and 2003 for fellowships to students in computer security.(Sec. 10) Requires a National Research Council of the National Academy of Sciences to: (1) conduct a study of electronic authentication technologies; and (2) report to specified congressional committees on its findings, conclusions, and recommendations for public policy related to such technologies. Authorizes appropriations for FY 2002.(Sec. 11) Directs the Under Secretary of Commerce for Technology to promote an increased use of security technologies for the nation's information infrastructure, establish a central repository of information on security vulnerability and risks, and promote the development of national infrastructures for encryption technologies.(Sec. 12) Directs the Institute's Director to develop technology-neutral electronic authentication infrastructure standards for Federal agencies, provide a list of commercially available authentication products, establish core specifications for Federal electronic certification and management technologies, provide a list of conforming systems, and report annually on infrastructure implementation.(Sec. 13) Authorizes appropriations for FY 2002 and 2003. | {"src": "billsum_train", "title": "To amend the National Institute of Standards and Technology Act to enhance the ability of the National Institute of Standards and Technology to improve computer security, and for other purposes."} | 3,346 | 493 | 0.588189 | 1.979203 | 0.754766 | 2.912821 | 8.217949 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalizing Older Communities
Through Housing Improvements Act of 2004''.
SEC. 2. IMPROVING UTILIZATION AND SUCCESS RATES.
(a) Increased Payment Standard.--Section 8(o)(1)(D) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(1)(D)) is amended--
(1) by striking ``(D) Approval.--The'' and inserting the
following:
``(D) Exception payment standards.--
``(i) Approval.--The''; and
(2) by adding at the end the following:
``(ii) Increased payment standard.--A
public housing agency may establish a payment
standard for the same size dwelling unit in a
market area or portion of a market area between
110 and 150 percent of the fair market rent, if
the payment standard for the market area or
portion of a market area has been set at 110
percent or above for the 6 months prior to the
establishment of the new payment standard and
the public housing agency determines that it
has--
``(I) a voucher success rate (the
proportion of families that are issued
a voucher that succeed in leasing a
unit within the timeframe provided by
the public housing agency to search for
housing) of not more than 80 percent or
has provided an extended search time of
not less than 90 days to a significant
number of voucher recipients; or
``(II) problems with concentration
of the voucher holders in high-poverty
areas.
``(iii) Disability accommodation.--A public
housing agency may establish a payment standard
of not more than 150 percent of the fair market
rent where necessary as a reasonable
accommodation for a person with a disability,
without approval of the Secretary. A public
housing agency may seek approval of the
Secretary to use a payment standard greater
than 150 percent of the fair market rent as a
reasonable accommodation for a person with a
disability.
``(iv) Secretary approval.--A public
housing agency may establish a payment standard
in accordance with clause (ii) without approval
of the Secretary, if the public housing agency
includes in its annual plan that is submitted
to the Secretary pursuant to section 5A(b)--
``(I) the reasons for the increase
in the payment standard;
``(II) a description of how and why
the public housing agency has
determined that it meets the
requirements of clause (ii); and
``(III) a description of other
steps the public housing agency is
taking, in addition to increasing the
payment standard, to address the
problems of voucher utilization,
voucher success rates (the proportion
of families that are issued a voucher
that succeed in leasing a unit within
the timeframe provided by the public
housing agency to search for housing),
and concentration of voucher holders.
``(v) Applicability.--Clauses (ii) through
(iv) shall apply with respect only to amounts
made available for rental assistance under this
subsection for fiscal year 2005 and fiscal
years thereafter.''.
(b) Tight Rental Markets.--The Secretary of Housing and Urban
Development shall, not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, issue regulations
to implement the recommendations made by the Millenial Housing
Commission in the report entitled ``Meeting Our Nation's Challenges'',
dated May 30, 2002, regarding improving the housing choice voucher
program under section 8(o) of the United States Housing Act of 1937.
Such regulations shall provide that--
(1) the Secretary shall expand the resources devoted to
rent surveys to ensure that published fair market rentals
established under section 8(c) of such Act do not lag actual
rents; and
(2) exception payment standards under section 8(o)(1)(D) of
such Act (as amended by subsection (a) of this section) are
more quickly approved when census data demonstrate that average
area rents are at the level of the exception sought (subject to
appropriate maximum limitations, as the Secretary of Housing
and Urban Development shall provide).
SEC. 3. TERMINATION OF HOUSING ASSISTANCE PAYMENTS CONTRACT.
Section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)) is amended by adding at the end the following new paragraph:
``(20) Breach of hap contract.--Each housing assistance
payment contract for assistance under this subsection shall
provide that it shall be breach of such contract for the owner
to fail to pay State or local real estate taxes, fines, or
assessments relating to a dwelling unit assisted under the
contract or the building in which the unit is located.''.
SEC. 4. COMMISSION TO STUDY PUBLIC AND SECTION 8 HOUSING.
(a) Establishment.--There is hereby established a commission to be
known as the Commission to Revitalize Older Communities Through Housing
Improvements (in this section referred to as the ``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall be composed of 9
members, appointed not later than 90 days after amounts are
appropriated pursuant to subsection (g) or are otherwise made
available from non-Federal sources to carry out this section.
Each member shall be appointed for the life of the Commission.
The members shall be as follows:
(A) 3 members appointed by the President.
(B) 2 members appointed by the Speaker of the House
of Representatives.
(C) 1 member appointed by the minority leader of
the House of Representatives.
(D) 2 members appointed by the majority leader of
the Senate.
(E) 1 member appointed by the minority leader of
the Senate.
(2) Chairperson.--The Commission shall elect a chairperson
from among the members of the Commission.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum for the transaction of business.
(4) Vacancies.--Any vacancy on the Commission shall not
affect its powers, but shall be filled in the manner in which
the original appointment was made.
(5) Prohibition of additional pay.--Members of the
Commission who are full-time officers or employees of the
United States may not receive additional pay, allowances, or
benefits by reason of their service on the Commission.
(6) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(c) Functions.--
(1) Study.--The Commission shall conduct a study regarding
the following topics:
(A) Public housing community service requirement.--
The Commission shall study the community service
requirement under section 12(c) of the United States
Housing Act of 1937 (42 U.S.C. 1437j(c)) to determine--
(i) the effectiveness of such requirement
in producing community service contributions by
residents of public housing, taking into
consideration exemptions under law for certain
individuals and the temporary suspension of the
requirement and of funding for carrying out the
requirement;
(ii) the best means of determining
compliance with, and enforcing, the community
service requirement;
(iii) the actual level of compliance with
the community service requirement; and
(iv) whether applying the community service
requirement to recipients of rental housing
voucher assistance under section 8(o) of such
Act would be feasible and effective, taking
into consideration the large proportion of
recipients of such assistance that are employed
and the significant administrative burdens and
costs public housing agencies would incur in
implementing, administrating, and enforcing
such requirement.
(B) Voucher concentration reduction.--The
Commission shall study--
(i) the effectiveness and feasibility, for
purposes of reducing concentration of poverty,
of authorizing public housing agencies to
establish a limitation on the number of rental
housing assistance vouchers under section 8 of
the United States Housing Act of 1937 that may
be used for rental of dwelling units located
within any single municipality or area, which
limitation shall be based on the percentage of
recipients of such assistance to the total
population;
(ii) the consistency of such a limitation
with, and effects on, the portability
requirements under section 8(r) of such Act;
and
(iii) various solutions to avoiding
concentration of voucher recipients, including
requiring, in a case where a limitation
referred to in clause (i) prevents use of
vouchers in a municipality or area, that the
relevant public housing agency increase the
amount of monthly assistance provided under a
voucher to permit such voucher recipients to
obtain housing in other areas having higher
housing costs.
(2) Report.--The Commission shall submit a report to the
Congress and the Secretary of Housing and Urban Development
regarding the results of the study not later than 180 days
after the completion of the appointment of the members of the
Commission pursuant to subsection (b)(1).
(d) Powers.--
(1) Hearings.--The Commission may, for the purpose of
carrying out this section, hold such hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Rules and regulations.--The Commission may adopt such
rules and regulations as may be necessary to establish its
procedures and to govern the manner of its operations,
organization, and personnel.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the Chairperson of the Commission, the head of
that department or agency shall furnish that information to the
Commission. The Commission may require information directly
from any public housing agency (as such term is defined in
section 3(b) of the United States Housing Act of 1937 (42
U.S.C. 1437a(b))) to the same extent that the Secretary of
Housing and Urban Development may require such information.
(4) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this section.
(5) Staff of hud.--Upon request of the Chairperson of the
Commission, the Secretary of Housing and Urban Development
shall, to the extent possible and subject to the discretion of
the Secretary, detail, on a reimbursable basis, any of the
personnel of the Department to the Commission to assist it in
carrying out its duties under this section.
(6) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(7) Executive director.--The Commission shall have a
Director who shall be appointed by the Commission. To the
extent or in the amounts provided in advance in appropriation
Acts, the Director shall be paid at a rate fixed by the
Commission, but not to exceed the rate of basic pay for level V
of the Executive Schedule.
(8) Staff.--The Commission may appoint and fix the pay of
such personnel as it considers appropriate, in accordance with
the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(e) Advisory Committee.--The Commission shall be considered an
advisory committee within the meaning of the Federal Advisory Committee
Act (5 U.S.C. App.).
(f) Sunset.--The Commission shall terminate 30 days after
submitting the report pursuant to subsection (c)(2).
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Revitalizing Older Communities Through Housing Improvements Act of 2004 - Amends the United States Housing Act of 1937 to authorize, under specified circumstances, a public housing agency to establish an increased voucher program payment standard in situations of: (1) low lease success rate or voucher holder concentration in high-poverty areas; and (2) disability accommodations.
Directs the Secretary of Housing and Urban Development to issue implementing regulations with respect to certain voucher program recommendations made by the Millenial Housing Commission.
Requires each housing assistance voucher contract to provide that it shall be a breach of contract for the owner to fail to pay State or local real estate taxes, fines, or assessments relating to an assisted dwelling unit or the building in which the unit is located.
Establishes the Commission to Revitalize Older Communities Through Housing Improvements which shall study and report on: (1) the public housing community service requirement; and (2) voucher concentration reduction. Terminates the Commission 30 days after report submission. | {"src": "billsum_train", "title": "To reform and improve the rental housing voucher program under section 8 of the United States Housing Act of 1937."} | 2,601 | 207 | 0.524568 | 1.442816 | 0.838143 | 4.18617 | 12.707447 | 0.920213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Readiness Act of 2002''.
SEC. 2. INTERAGENCY HOMELAND SECURITY FUSION CENTERS.
(a) Establishment.--The Secretary of Homeland Security shall
establish a system of Interagency Homeland Security Fusion Centers.
(b) Duties.--The Centers shall collectively, have the following
duties:
(1) Coordinate the interagency fusion of maritime homeland
security information focusing on the air and sea approaches to
the United States.
(2) Facilitate information sharing between all of the
Federal agencies named in subsection (c) and any foreign
governments represented in the membership of a Center.
(3) Timely provide the appropriate Federal agencies with
intelligence information concerning maritime threats to the
homeland security of the United States.
(c) Membership.--The Secretary of Homeland Security shall designate
the members of each Interagency Homeland Security Fusion Center from
among personnel of any or all of the following Federal agencies and
foreign governments.
(1) The United States Coast Guard.
(2) The United States Customs Service.
(3) The Drug Enforcement Administration.
(4) The Department of Defense.
(5) The Immigration and Naturalization Service.
(6) The Transportation Security Administration.
(7) The Federal Bureau of Investigation.
(8) The Central Intelligence Agency.
(9) The National Security Agency.
(10) Any other Federal agency as the Secretary determines
necessary.
(11) Representatives of such foreign governments as the
President may direct.
(d) Function.--Interagency Fusion Centers shall--
(1) have access to all databases and information systems of
Federal agencies represented in the membership of a Center
subject to adequate protections to ensure the security of such
databases and systems;
(2) collect, compile, analyze, and disseminate information
from such agencies, including any information concerning
tracking vessels, cargo, and persons of interest, to identify
and locate potential threats to the security of the homeland of
the United States; and
(3) alert all pertinent government agencies regarding each
potential homeland security threat immediately upon
ascertaining the threat.
(e) Implementation Plan.--Not later than 1 year 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, the Committee on Transportation and Infrastructure of the House
of Representatives, the Committee on Governmental Affairs of the
Senate, the Committee on Government Reform of the House of
Representatives, and the Committees on Appropriations of the Senate and
the House of Representatives a detailed plan to implement the
requirements of Interagency Homeland Security Fusion Centers. The plan
shall include the following matters:
(1) The number and location of the Interagency Homeland
Security Fusion Centers.
(2) Policies and procedures for establishing the Centers
and commencing operations by the Centers, including the Federal
agencies to be represented in the membership of the Centers.
(3) A discussion of how the Centers are to operate in
conjunction with or in place of other intelligence or fusion
centers.
(4) Proposed legislation for any changes in authorities of
the Federal agencies represented in the membership of the
Interagency Homeland Security Fusion Centers that the Secretary
considers necessary.
SEC. 3. COAST GUARD FUNDING FLOORS.
(a) In General.--No budget request submitted to the Congress
pursuant to section 1105 of title 31, United States Code, for fiscal
year 2004 or fiscal year 2005 may contain a request for the Coast Guard
a reduction in annual total spending and annual internal budget
allocations for each non-homeland security mission area below the
levels appropriated and allocated for the Coast Guard for fiscal year
2002 or for fiscal year 2003, whichever is greater for each area.
(b) Non-Homeland Security Missions.--The term ``non-homeland
security missions'' means the following missions of the Coast Guard:
(1) Marine safety.
(2) Search and rescue.
(3) Aids to navigation.
(4) Living marine resources, including enforcement of laws
relating to fisheries.
(5) Marine environmental protection.
(6) Ice operations.
(c) Waiver.--
(1) In general.--The President may waive the requirements
of subsection (a) if the Commandant of the Coast Guard
simultaneously submits to the President and to Congress in
order to mitigate substantially the consequences of a specific
major accident occurring after the date of the enactment of
this Act, respond successfully to a specific and unanticipated
national or international crisis arising after such date,
counter a specific, unanticipated threat to United States
homeland security identified after such date, or otherwise
react satisfactorily to a specific, unanticipated event
occurring within a mission area of the Coast Guard after such
date.
(2) Justification.--Each recommendation of a waiver under
paragraph (1) shall include a detailed justification for the
recommendation, including the specific information upon which
the recommendation is based and the specific reasons why the
Coast Guard could not effectively respond to the accident,
crisis, threat, or event without the waiver.
(3) Intelligence certification.--Any recommendation for a
waiver based on a need to counter a specific, unanticipated
threat to United States homeland security shall be accompanied
by a certification by the Director of Central Intelligence
that--
(A) there exists a preponderance of credible,
accurate, and compelling evidence within the
Intelligence Community that demonstrates that the
threat upon which the Commandant's recommendation is
based is real, unanticipated, and acute, and that
immediate action must be taken to counter it; and
(B) the Intelligence Community is taking specific
and decisive steps to reduce significantly the
probability that such threats will be unanticipated in
the future.
SEC. 4. REPORT ON ACCELERATING THE INTEGRATED DEEPWATER SYSTEM.
Not later than 90 days after the date of enactment of the National
Homeland Security and Combating Terrorism Act of 2002, the Secretary of
Homeland Security, in consultation with the Commandant of the Coast
Guard shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate, and the Committees on Appropriations of
the Senate and the House of Representatives a report that--
(1) contains an analysis of the feasibility of accelerating
the rate of procurement in the Coast Guard's Integrated
Deepwater System from 20 years to 10 years;
(2) includes an estimate of the additional resources
necessary for accelerating such rate of procurement;
(3) describes the increased capabilities that would result
from the accelerated procurement, including any increase in the
Coast Guard's homeland security readiness and any increases in
operational efficiencies; and
(4) provides a revised asset phase-in schedule consistent
with such an accelerated rate of procurement. | Coast Guard Readiness Act of 2002 - Requires the Secretary of Homeland Security establish a system of Interagency Homeland Security Fusion Centers (Centers) composed of members from specified Federal agencies and foreign governments.Directs the Centers to: (1) coordinate maritime homeland security information focusing on air and sea approaches to the United States; (2) facilitate information sharing between specified Federal agencies and foreign governments; and (3) provide intelligence to the appropriate Federal Agencies concerning maritime threats to homeland security.Requires Centers to: (1) have access to all databases and information systems of member Federal agencies; (2) collect, compile, analyze, and disseminate agency information to identify and locate potential threats to homeland security; and (3) alert all pertinent government agencies regarding potential homeland security threats.Provides that no budget request submitted to Congress for FY 2004 or 2005 may contain a request for reductions in Coast Guard appropriations for specified non-homeland security mission areas below the larger of the FY 2002 or 2003 levels appropriated and allocated for each area. | {"src": "billsum_train", "title": "A bill to establish a system of Interagency Homeland Security Fusion Centers, to require that budget requests for the Coast Guard for non-homeland security missions are not reduced, and for other purposes."} | 1,451 | 219 | 0.699924 | 2.052955 | 0.914009 | 4.565657 | 6.939394 | 0.929293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buyback Our Safety Act''.
SEC. 2. GUN BUYBACK GRANT PROGRAM.
(a) In General.--The Attorney General, through the Assistant
Attorney General for the Office of Justice Programs of the Department
of Justice, shall establish a gun buyback grant program under which the
Assistant Attorney General may make grants to law enforcement agencies
of States, units of local government, and Indian tribal governments to
assist in funding gun buyback programs carried out by such agencies.
(b) Gun Buyback Program Defined.--For purposes of this section, the
term ``gun buyback program'' means, with respect to a law enforcement
agency of a State, unit of local government, or Indian tribal
government, a program carried out by such agency under which guns are
purchased or surrendered to such agency.
(c) Applications.--A law enforcement agency described in subsection
(a) desiring a grant under this section shall submit to the Assistant
Attorney General for the Office of Justice Programs an application for
the grant, in accordance with subsection (d) and which shall be in such
form and contain such information as the Assistant Attorney General may
require.
(d) Requirements.--The Assistant Attorney General may make a grant
under this section to a law enforcement agency described in subsection
(a), with respect to a gun buyback program, only if the application
submitted under subsection (c) by such agency provides assurances
that--
(1) the law enforcement agency will adequately advertise
such program to the public;
(2) such program will be administered by law enforcement
personnel;
(3) all guns received through such program will remain in
the possession of law enforcement personnel;
(4) adequate safeguards will be established and followed to
prevent the occurrence of fraud in such program;
(5) the law enforcement agency will have in place a process
to test on site a gun purchased from an individual through such
program before payment is provided to such individual; and
(6) an adequate process will be in place to destroy all
guns received through such program.
(e) Matching Requirement.--
(1) In general.--Subject to paragraph (2), to be eligible
for a grant under this section, a law enforcement agency must
certify that the law enforcement agency will match all Federal
funds provided under such grant with an equal amount of cash or
in-kind goods or services from other non-Federal sources.
(2) Waiver.--The Assistant Attorney General for the Office
of Justice Programs may waive, wholly or in part, the matching
requirement under paragraph (1) with respect to a grant made
under this section to a law enforcement agency for a gun
buyback program if such program provides for obtaining only the
guns identified by the National Academy of Sciences pursuant to
subsection (f).
(f) National Academy of Sciences Standards.--The Attorney General,
through the Assistant Attorney General for the Office of Justice
Programs, shall enter into an arrangement with the National Academy of
Sciences to develop standards for identifying, and identify, guns that
are the most likely to be used in violent crimes and establish a
pricing scale for purchasing guns so identified through gun buyback
programs receiving grants under this section.
(g) Reports.--
(1) Reports required by grantees.--In the case of a law
enforcement agency described in subsection (a) receiving a
grant under this section with respect to a gun buyback program,
such agency shall submit to the Assistant Attorney General for
the Office of Justice Programs--
(A) not later than 90 days after receipt of such
grant and every 90 days thereafter during the period
for which the program is carried out, a report
including--
(i) the number and types of guns collected
and destroyed through such program during such
period; and
(ii) recommendations for improving future
gun buyback programs in the jurisdiction of
such agency; and
(B) not later than 90 days after the last day of
such program, a final report including the information
described in each of subclauses (I) and (II) of clause
(i) with respect to the duration of the program.
(2) Reports by the office of justice programs.--Not later
than one year after the date of the enactment of this section
and annually thereafter, the Assistant Attorney General for the
Office of Justice Programs shall submit to Congress a report
on--
(A) the number of gun buyback programs that
received funding under this section;
(B) the number of guns received through each such
gun buyback program;
(C) the total number of guns purchased through all
such gun buyback programs; and
(D) recommendations on improving the grant program
under this section and gun buyback programs.
(h) Definitions.--For purposes of this section:
(1) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
(2) Unit of local government.--The term ``unit of local
government'' means a county, municipality, town, township,
village, parish, borough, or other unit of general government
below the State level.
(3) Violent crime.--The term ``violent crime'' means
murder, non-negligent manslaughter, forcible rape, robbery, and
aggravated assault, as reported by the Federal Bureau of
Investigation for purposes of the Uniform Crime Report.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for the period of
fiscal years 2014 through 2018. | Buyback Our Safety Act - Directs the Assistant Attorney General for the Office of Justice Programs of the Department of Justice (DOJ) to establish a gun buyback program under which the Assistant Attorney General may make grants to assist in funding gun buyback programs carried out by state, local, and Indian tribal law enforcement agencies. Conditions such a grant on the law enforcement agency providing assurances that: (1) it will adequately advertise the program to the public, (2) such program will be administered by law enforcement personnel, (3) all guns received will remain in the possession of law enforcement personnel, (4) adequate safeguards will be established and followed to prevent fraud, (5) the agency will have in place a process to test on site a gun purchased before payment is provided, and (6) an adequate process will be in place to destroy all guns received. Requires the agency to certify that it will match all federal funds provided with an equal amount of cash or in-kind goods or services from other non-federal sources. Directs the Assistant Attorney General to enter into an arrangement with the National Academy of Sciences to: (1) develop standards for identifying, and to identify, guns that are the most likely to be used in violent crimes; and (2) establish a pricing scale for purchasing such guns through gun buyback programs. Authorizes the Assistant Attorney General to waive all or part of the matching funds requirement for a program that provides for obtaining only such guns. | {"src": "billsum_train", "title": "Buyback Our Safety Act"} | 1,237 | 302 | 0.790892 | 2.513178 | 0.887097 | 5.621528 | 4.034722 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Melanie Stokes Postpartum Depression
Research and Care Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Postpartum depression is a devastating mood disorder
which strikes many women during and after pregnancy.
(2) Postpartum mood changes are common and can be broken
into three subgroups: ``baby blues,'' which is an extremely
common and the less severe form of postpartum depression;
postpartum mood and anxiety disorders, which are more severe
than baby blues and can occur during pregnancy and anytime
within the first year of the infant's birth; and postpartum
psychosis, which is the most extreme form of postpartum
depression and can occur during pregnancy and up to twelve
months after delivery.
(3) ``Baby blues'' is characterized by mood swings,
feelings of being overwhelmed, tearfulness, irritability, poor
sleep, mood changes, and a sense of vulnerability.
(4) The symptoms of postpartum mood and anxiety disorders
are the worsening and the continuation of the baby blues beyond
the first days or weeks after delivery.
(5) The symptoms of postpartum psychosis include losing
touch with reality, distorted thinking, delusions, auditory
hallucinations, paranoia, hyperactivity, and rapid speech or
mania.
(6) Each year over 400,000 women suffer from postpartum
mood changes, with baby blues afflicting up to 80 percent of
new mothers; postpartum mood and anxiety disorders impairing
around 10-20 percent of new mothers; and postpartum psychosis
striking 1 in 1,000 new mothers.
(7) The causes of postpartum depression are complex and
unknown at this time; however, theories include a steep and
rapid drop in hormone levels after childbirth; difficulty
during labor or pregnancy; a premature birth; a miscarriage;
feeling overwhelmed, uncertain, frustrated or anxious about
one's new role as a mother; a lack of support from one's
spouse, friends or family; marital strife; stressful events in
life such as death of a loved one, financial problems, or
physical or mental abuse; a family history of depression or
mood disorders; a previous history of major depression or
anxiety; or a prior postpartum depression.
(8) Postpartum depression is a treatable disorder if
promptly diagnosed by a trained provider and attended to with a
personalized regimen of care including social support, therapy,
medication, and when necessary hospitalization.
(9) All too often postpartum depression goes undiagnosed or
untreated due to the social stigma surrounding depression and
mental illness, the myth of motherhood, the new mother's
inability to self-diagnose her condition, the new mother's
shame or embarrassment over discussing her depression so near
to the birth of her child, the lack of understanding in society
and the medical community of the complexity of postpartum
depression, and economic pressures placed on hospitals and
providers.
(10) Untreated, postpartum depression can lead to further
depression, substance abuse, loss of employment, divorce and
further social alienation, self-destructive behavior, or even
suicide.
(11) Untreated, postpartum depression impacts society
through its affect on the infant's physical and psychological
development, child abuse, neglect or death of the infant or
other siblings, and the disruption of the family.
TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS
SEC. 101. CONSENSUS RESEARCH CONFERENCE AND PLAN CONCERNING POSTPARTUM
DEPRESSION AND PSYCHOSIS.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended--
(1) by redesignating the second section 409C (42 U.S.C.
284k), relating to clinical research, as section 409G;
(2) by redesignating the second section 409D (42 U.S.C.
284l), relating to enhancement awards, as section 409H; and
(3) by adding at the end the following:
``SEC. 409I. CONSENSUS RESEARCH CONFERENCE AND PLAN CONCERNING
POSTPARTUM DEPRESSION AND PSYCHOSIS.
``(a) Consensus Research Conference and Plan.--
``(1) Conference.--The Secretary, acting through the
Director of NIH, the Administrator of the Substance Abuse and
Mental Health Services Administration, and the heads of other
Federal agencies that administer Federal health programs, shall
organize a series of national meetings that are designed to
develop a research plan for postpartum depression and
psychosis.
``(2) Plan.--The Secretary, taking into account the
findings of the research conference under paragraph (1), shall
develop a research plan relating to postpartum depression and
psychosis. Such plan shall include--
``(A) basic research concerning the etiology and
causes of postpartum depression and psychosis;
``(B) epidemiological studies to address the
frequency and natural history of postpartum depression
and psychosis and the differences among racial and
ethnic groups with respect to such conditions;
``(C) the development of improved diagnostic
techniques relating to postpartum depression and
psychosis;
``(D) clinical research for the development and
evaluation of new treatments for postpartum depression
and psychosis, including new biological agents;
``(E) development of information and education
programs for health care professionals and the public
relating to postpartum depression and psychosis; and
``(F) a plan to disseminate information and
education on postpartum depression and psychosis to
health care professionals and the public.
``(3) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall prepare and
submit to the appropriate committees of Congress a report
concerning the research plan under paragraph (2).
``(b) Activity Relating to Research Plan.--
``(1) In general.--After the development of the research
plan under subsection (a)(1), the Secretary, acting through the
Director of NIH shall expand and intensify research and related
activities of the Institutes relating to postpartum depression
and postpartum psychosis in a manner appropriate to carry out
such plan, and in particular shall direct research efforts to
carry out such plan.
``(2) Report.--Not later than 1 year after the development
of the research plan under subsection (a)(1), and annually
thereafter, the Secretary shall prepare and submit to the
appropriate committees of Congress a report on the progress
made with respect to such plan and the status of ongoing
activities regarding postpartum depression and psychosis at the
Nation Institutes of Health.''.
TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND
PSYCHOSIS
SEC. 201. DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND
PSYCHOSIS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended--
(1) by inserting after the subpart heading the following:
``Chapter I--General Provisions''; and
(2) by adding at the end thereof the following:
``Chapter II--Delivery of Services Regarding Postpartum Depression and
Psychosis
``SEC. 520K. ESTABLISHMENT OF PROGRAM OF GRANTS.
``(a) In General.--The Secretary shall in accordance with this
chapter make grants to provide for projects for the establishment,
operation, and coordination of effective and cost-efficient systems for
the delivery of essential services to individuals with postpartum
depression or postpartum psychosis (referred to in this section as a
``postpartum condition) and their families.
``(b) Recipients of Grants.--A grant under subsection (a) may be
made to an entity only if the entity is a public or nonprofit private
entity, which may include a State or local government; a public or
nonprofit private hospital, community-based organization, hospice,
ambulatory care facility, community health center, migrant health
center, or homeless health center; or other appropriate public or
nonprofit private entity.
``(c) Certain Activities.--To the extent practicable and
appropriate, the Secretary shall ensure that projects under subsection
(a) provide services for the diagnosis and management of postpartum
conditions. Activities that the Secretary may authorize for such
projects may also include the following:
``(1) Delivering or enhancing outpatient and home-based
health and support services, including case management,
screening and comprehensive treatment services for individuals
with or at risk for postpartum conditions; and delivering or
enhancing support services for their families.
``(2) Delivering or enhancing inpatient care management
services that ensure the well being of the mother and family
and the future development of the infant.
``(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with postpartum conditions and
support services for their families.
``(d) Integration With Other Programs.--To the extent practicable
and appropriate, the Secretary shall integrate the program under this
title with other grant programs carried out by the Secretary, including
the program under section 330.
``SEC. 520L. CERTAIN REQUIREMENTS.
``A grant may be made under section 520K only if the applicant
involved makes the following agreements:
``(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
``(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of postpartum
conditions.
``(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
``(4) The grant will not be expended to make payment for
services authorized under section 520K(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
``(A) under any State compensation program, under
an insurance policy, or under any Federal or State
health benefits program; or
``(B) by an entity that provides health services on
a prepaid basis.
``(5) The applicant will, at each site at which the
applicant provides services under section 520K(a), post a
conspicuous notice informing individuals who receive the
services of any Federal policies that apply to the applicant
with respect to the imposition of charges on such individuals.
``SEC. 520M. TECHNICAL ASSISTANCE.
``The Secretary may provide technical assistance to assist entities
in complying with the requirements of this chapter in order to make
such entities eligible to receive grants under section 520K.
``SEC. 520N. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this chapter, there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 2002 through 2004.''. | Melanie Stokes Postpartum Depression Research and Care Act - Directs the Secretary of Health and Human Services to organize a series of national meetings to develop a research plan for postpartum depression and psychosis.Directs the Secretary to make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or psychosis and their families.Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to provide for research on, and services for individuals with, postpartum depression and psychosis."} | 2,534 | 102 | 0.416773 | 1.103979 | 0.369615 | 6.075 | 27.9375 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advance Directives Improvement and
Education Act of 2007''.
SEC. 2. ADVANCE DIRECTIVES.
(a) Findings.--Congress makes the following findings:
(1) Every year 2,500,000 people die in the United States.
Eighty percent of those people die in institutions such as
hospitals, nursing homes, and other facilities. Chronic
illnesses, such as cancer and heart disease, account for 2 out
of every 3 deaths.
(2) In 1997, the Supreme Court of the United States, in its
decisions in Washington v. Glucksberg and Vacco v. Quill,
reaffirmed the constitutional right of competent adults to
refuse unwanted medical treatment. In those cases, the Court
stressed the use of advance directives as a means of
safeguarding that right should those adults become incapable of
deciding for themselves.
(3) A survey published in 2005 estimated that the overall
prevalence of advance directives is 29 percent of the general
population, despite the passage of the Patient Self-
Determination Act in 1990, which requires that health care
providers tell patients about advance directives.
(4) Competent adults should complete advance care plans
stipulating their health care decisions in the event that they
become unable to speak for themselves. Through the execution of
advance directives, including living wills and durable powers
of attorney for health care according to the laws of the State
in which they reside, individuals can protect their right to
express their wishes and have them respected.
(b) Purposes.--The purposes of this section are to improve access
to information about individuals' health care options and legal rights
for care near the end of life, to promote advance care planning and
decisionmaking so that individuals' wishes are known should they become
unable to speak for themselves, to engage health care providers in
disseminating information about and assisting in the preparation of
advance directives, which include living wills and durable powers of
attorney for health care, and for other purposes.
(c) Medicare Coverage of End-of-Life Planning and Consultations as
Part of Initial Preventive Physical Examination.--
(1) In general.--Section 1861(ww) of the Social Security
Act (42 U.S.C. 1395x(ww)) is amended--
(A) in paragraph (1), by striking ``paragraph
(2),'' and inserting ``paragraph (2) and an end-of-life
planning consultation (as defined in paragraph (3)),'';
and
(B) by adding at the end the following new
paragraph:
``(3) For purposes of paragraph (1), the term `end-of-life planning
consultation' means a consultation between the physician and an
individual regarding--
``(A) the importance of preparing advance directives in
case an injury or illness causes the individual to be unable to
make health care decisions;
``(B) the situations in which an advance directive is
likely to be relied upon;
``(C) the reasons that the development of a comprehensive
end-of-life plan is beneficial and the reasons that such a plan
should be updated periodically as the health of the individual
changes;
``(D) the identification of resources that an individual
may use to determine the requirements of the State in which
such individual resides so that the treatment wishes of that
individual will be carried out if the individual is unable to
communicate those wishes, including requirements regarding the
designation of a surrogate decision maker (health care proxy);
and
``(E) whether or not the physician is willing to follow the
individual's wishes as expressed in an advance directive.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to initial preventive physical examinations
provided on or after January 1, 2008.
(d) Improvement of Policies Related to the Use and Portability of
Advance Directives.--
(1) Medicare.--Section 1866(f) of the Social Security Act
(42 U.S.C. 1395cc(f)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and
if presented by the individual (or on behalf of
the individual), to include the content of such
advance directive in a prominent part of such
record'' before the semicolon at the end;
(ii) in subparagraph (D), by striking
``and'' after the semicolon at the end;
(iii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iv) by inserting after subparagraph (E)
the following new subparagraph:
``(F) to provide each individual with the opportunity to
discuss issues relating to the information provided to that
individual pursuant to subparagraph (A) with an appropriately
trained professional.'';
(B) in paragraph (3), by striking ``a written'' and
inserting ``an''; and
(C) by adding at the end the following new
paragraph:
``(5)(A) In addition to the requirements of paragraph (1), a
provider of services, Medicare Advantage organization, or prepaid or
eligible organization (as the case may be) shall give effect to an
advance directive executed outside the State in which such directive is
presented, even one that does not appear to meet the formalities of
execution, form, or language required by the State in which it is
presented to the same extent as such provider or organization would
give effect to an advance directive that meets such requirements,
except that a provider or organization may decline to honor such a
directive if the provider or organization can reasonably demonstrate
that it is not an authentic expression of the individual's wishes
concerning his or her health care. Nothing in this paragraph shall be
construed to authorize the administration of medical treatment
otherwise prohibited by the laws of the State in which the directive is
presented.
``(B) The provisions of this paragraph shall preempt any State law
to the extent such law is inconsistent with such provisions. The
provisions of this paragraph shall not preempt any State law that
provides for greater portability, more deference to a patient's wishes,
or more latitude in determining a patient's wishes.''.
(2) Medicaid.--Section 1902(w) of the Social Security Act
(42 U.S.C. 1396a(w)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) by striking ``in the
individual's medical record'' and
inserting ``in a prominent part of the
individual's current medical record'';
and
(II) by inserting ``and if
presented by the individual (or on
behalf of the individual), to include
the content of such advance directive
in a prominent part of such record''
before the semicolon at the end;
(ii) in subparagraph (D), by striking
``and'' after the semicolon at the end;
(iii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iv) by inserting after subparagraph (E)
the following new subparagraph:
``(F) to provide each individual with the opportunity to
discuss issues relating to the information provided to that
individual pursuant to subparagraph (A) with an appropriately
trained professional.'';
(B) in paragraph (4), by striking ``a written'' and
inserting ``an''; and
(C) by adding at the end the following paragraph:
``(6)(A) In addition to the requirements of paragraph (1), a
provider or organization (as the case may be) shall give effect to an
advance directive executed outside the State in which such directive is
presented, even one that does not appear to meet the formalities of
execution, form, or language required by the State in which it is
presented to the same extent as such provider or organization would
give effect to an advance directive that meets such requirements,
except that a provider or organization may decline to honor such a
directive if the provider or organization can reasonably demonstrate
that it is not an authentic expression of the individual's wishes
concerning his or her health care. Nothing in this paragraph shall be
construed to authorize the administration of medical treatment
otherwise prohibited by the laws of the State in which the directive is
presented.
``(B) The provisions of this paragraph shall preempt any State law
to the extent such law is inconsistent with such provisions. The
provisions of this paragraph shall not preempt any State law that
provides for greater portability, more deference to a patient's wishes,
or more latitude in determining a patient's wishes.''.
(3) Effective dates.--
(A) In general.--Subject to subparagraph (B), the
amendments made by paragraphs (1) and (2) shall apply
to provider agreements and contracts entered into,
renewed, or extended under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.), and to State
plans under title XIX of such Act (42 U.S.C. 1396 et
seq.), on or after such date as the Secretary of Health
and Human Services specifies, but in no case may such
date be later than 1 year after the date of enactment
of this Act.
(B) Extension of effective date for state law
amendment.--In the case of a State plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.)
which the Secretary of Health and Human Services
determines requires State legislation in order for the
plan to meet the additional requirements imposed by the
amendments made by paragraph (2), the State plan shall
not be regarded as failing to comply with the
requirements of such title solely on the basis of its
failure to meet these additional requirements before
the first day of the first calendar quarter beginning
after the close of the first regular session of the
State legislature that begins after the date of
enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year
legislative session, each year of the session is
considered to be a separate regular session of the
State legislature.
(e) Increasing Awareness of the Importance of End-of-Life
Planning.--Title III of the Public Health Service Act (42 U.S.C. 241 et
seq.) is amended by adding at the end the following new part:
``PART R--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING
ISSUES
``SEC. 399Z-1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND INFORMATION
CLEARINGHOUSES.
``(a) Advance Directive Education Campaign.--The Secretary shall,
directly or through grants awarded under subsection (c), conduct a
national public education campaign--
``(1) to raise public awareness of the importance of
planning for care near the end of life;
``(2) to improve the public's understanding of the various
situations in which individuals may find themselves if they
become unable to express their health care wishes;
``(3) to explain the need for readily available legal
documents that express an individual's wishes, through advance
directives (including living wills, comfort care orders, and
durable powers of attorney for health care); and
``(4) to educate the public about the availability of
hospice care and palliative care.
``(b) Information Clearinghouse.--The Secretary, directly or
through grants awarded under subsection (c), shall provide for the
establishment of a national, toll-free, information clearinghouse as
well as clearinghouses that the public may access to find out about
State-specific information regarding advance directive and end-of-life
decisions.
``(c) Grants.--
``(1) In general.--The Secretary shall use at least 60
percent of the funds appropriated under subsection (d) for the
purpose of awarding grants to public or nonprofit private
entities (including States or political subdivisions of a
State), or a consortium of any of such entities, for the
purpose of conducting education campaigns under subsection (a)
and establishing information clearinghouses under subsection
(b).
``(2) Period.--Any grant awarded under paragraph (1) shall
be for a period of 3 years.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000.''.
(f) GAO Study and Report on Establishment of National Advance
Directive Registry.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the feasibility of a national registry
for advance directives, taking into consideration the
constraints created by the privacy provisions enacted as a
result of the Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191).
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the study conducted
under paragraph (1) together with recommendations for such
legislation and administrative action as the Comptroller
General of the United States determines to be appropriate.
(g) Effective Date.--Except as provided in subsections (c) and (d),
this section and the amendments made by this section shall take effect
on the date of enactment of this Act. | Advance Directives Improvement and Education Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for Medicare coverage of end-of-life planning and consultations as part of an initial preventive physical examination.
Requires a service provider, Medicare Advantage organization, or prepaid or eligible organization to give effect to an advance directive executed outside the state in which it is presented, even one that does not appear to meet the formalities of execution, form, or language required by the state in which it is presented, to the same extent as such provider or organization would give effect to an advanced directive that meets such requirements. Permits a provider or organization to decline to honor such a directive if it can be reasonably demonstrated that it is not an authentic expression of the individual's wishes concerning his or her health care. Makes such advance directive requirements applicable under SSA title XIX (Medicaid).
Amends the Public Health Service Act to direct the Secretary of Health and Human Services, directly or through grants, to: (1) conduct a national education campaign to raise public awareness of the importance of planning for care near the end of life; and (2) provide for a national, toll-free information clearinghouse, as well as clearinghouses that the public may access to find out about state-specific information regarding advance directives and end-of-life decisions.
Requires the General Accounting Office to study and report to Congress on the feasibility of a national registry for advanced directives. | {"src": "billsum_train", "title": "A bill to amend titles XVIII and XIX of the Social Security Act and title III of the Public Health Service Act to improve access to information about individuals' health care options and legal rights for care near the end of life, to promote advance care planning and decisionmaking so that individuals' wishes are known should they become unable to speak for themselves, to engage health care providers in disseminating information about and assisting in the preparation of advance directives, which include living wills and durable powers of attorney for health care, and for other purposes."} | 2,942 | 327 | 0.515869 | 1.643159 | 0.723214 | 6.106164 | 9.421233 | 0.94863 |
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