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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneur Access to Capital
Act''.
SEC. 2. CROWDFUNDING EXEMPTION.
(a) Securities Act of 1933.--Section 4 of the Securities Act of
1933 (15 U.S.C. 77d) is amended by adding at the end the following:
``(6) transactions involving the offer or sale of
securities by an issuer, provided that--
``(A) the aggregate amount sold within the previous
12-month period in reliance upon this exemption is--
``(i) $1,000,000, as such amount is
adjusted by the Commission to reflect the
annual change in the Consumer Price Index for
All Urban Consumers published by the Bureau of
Labor Statistics, or less; or
``(ii) if the issuer provides potential
investors with audited financial statements,
$2,000,000, as such amount is adjusted by the
Commission to reflect the annual change in the
Consumer Price Index for All Urban Consumers
published by the Bureau of Labor Statistics, or
less;
``(B) the aggregate amount sold to any investor in
reliance on this exemption within the previous 12-month
period does not exceed the lesser of--
``(i) $10,000, as such amount is adjusted
by the Commission to reflect the annual change
in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor
Statistics; and
``(ii) 10 percent of such investor's annual
income;
``(C) in the case of a transaction involving an
intermediary between the issuer and the investor, such
intermediary complies with the requirements under
section 4A(a); and
``(D) in the case of a transaction not involving an
intermediary between the issuer and the investor, the
issuer complies with the requirements under section
4A(b).''.
(b) Requirements to Qualify for Crowdfunding Exemption.--The
Securities Act of 1933 is amended by inserting after section 4 the
following:
``SEC. 4A. REQUIREMENTS WITH RESPECT TO CERTAIN SMALL TRANSACTIONS.
``(a) Requirements on Intermediaries.--For purposes of section
4(6), a person acting as an intermediary in a transaction involving the
offer or sale of securities shall comply with the requirements of this
subsection if the intermediary--
``(1) warns investors, including on the intermediary's
website used for the offer and sale of such securities, of the
speculative nature generally applicable to investments in
startups, emerging businesses, and small issuers, including
risks in the secondary market related to illiquidity;
``(2) warns investors that they are subject to the
restriction on sales requirement described under subsection
(e);
``(3) takes reasonable measures to reduce the risk of fraud
with respect to such transaction;
``(4) provides the Commission with the intermediary's
physical address, website address, and the names of the
intermediary and employees of the intermediary, and keep such
information up-to-date;
``(5) provides the Commission with continuous investor-
level access to the intermediary's website;
``(6) requires each potential investor to answer questions
demonstrating--
``(A) an understanding of the level of risk
generally applicable to investments in startups,
emerging businesses, and small issuers;
``(B) an understanding of the risk of illiquidity;
and
``(C) such other areas as the Commission may
determine appropriate by rule or regulation;
``(7) requires the issuer to state a target offering amount
and a deadline to reach the target offering amount and ensure
the third party custodian described under paragraph (10)
withholds offering proceeds until aggregate capital raised from
investors other than the issuer is no less than 60 percent of
the target offering amount;
``(8) carries out a background check on the issuer's
principals;
``(9) provides the Commission and potential investors with
notice of the offering, not later than the first day securities
are offered to potential investors, including--
``(A) the issuer's name, legal status, physical
address, and website address;
``(B) the names of the issuer's principals;
``(C) the stated purpose and intended use of the
proceeds of the offering sought by the issuer; and
``(D) the target offering amount and the deadline
to reach the target offering amount;
``(10) outsources cash-management functions to a qualified
third party custodian, such as a broker or dealer registered
under section 15(b)(1) of the Securities Exchange Act of 1934
or an insured depository institution;
``(11) maintains such books and records as the Commission
determines appropriate;
``(12) makes available on the intermediary's website a
method of communication that permits the issuer and investors
to communicate with one another;
``(13) provides the Commission with a notice upon
completion of the offering, which shall include the aggregate
offering amount and the number of purchasers; and
``(14) does not offer investment advice.
``(b) Requirements on Issuers if No Intermediary.--For purposes of
section 4(6), an issuer who offers or sells securities without an
intermediary shall comply with the requirements of this subsection if
the issuer--
``(1) warns investors, including on the issuer's website,
of the speculative nature generally applicable to investments
in startups, emerging businesses, and small issuers, including
risks in the secondary market related to illiquidity;
``(2) warns investors that they are subject to the
restriction on sales requirement described under subsection
(e);
``(3) takes reasonable measures to reduce the risk of fraud
with respect to such transaction;
``(4) provides the Commission with the issuer's physical
address, website address, and the names of the principals and
employees of the issuers, and keeps such information up-to-
date;
``(5) provides the Commission with continuous investor-
level access to the issuer's website;
``(6) requires each potential investor to answer questions
demonstrating--
``(A) an understanding of the level of risk
generally applicable to investments in startups,
emerging businesses, and small issuers;
``(B) an understanding of the risk of illiquidity;
and
``(C) such other areas as the Commission may
determine appropriate by rule or regulation;
``(7) states a target offering amount and ensures that the
third party custodian described under paragraph (9) withholds
offering proceeds until the aggregate capital raised from
investors other than the issuer is no less than 60 percent of
the target offering amount;
``(8) provides the Commission with notice of the offering,
not later than the first day securities are offered to
potential investors, including--
``(A) the stated purpose and intended use of the
proceeds of the offering sought by the issuer; and
``(B) the target offering amount and the deadline
to reach the target offering amount;
``(9) outsources cash-management functions to a qualified
third party custodian, such as a broker or dealer registered
under section 15(b)(1) of the Securities Exchange Act of 1934
or an insured depository institution;
``(10) maintains such books and records as the Commission
determines appropriate;
``(11) makes available on the issuer's website a method of
communication that permits the issuer and investors to
communicate with one another;
``(12) does not offer investment advice;
``(13) provides the Commission with a notice upon
completion of the offering, which shall include the aggregate
offering amount and the number of purchasers; and
``(14) discloses to potential investors, on the issuer's
website, that the issuer has an interest in the issuance.
``(c) Verification of Income.--For purposes of section 4(6), an
issuer or intermediary may rely on certifications as to annual income
provided by the person to whom the securities are sold to verify the
investor's income.
``(d) Information Available to States.--The Commission shall make
the notices described under subsections (a)(9), (a)(13), (b)(8), and
(b)(13) and the information described under subsections (a)(4) and
(b)(4) available to the States.
``(e) Restriction on Sales.--With respect to a transaction
involving the issuance of securities described under section 4(6), a
purchaser may not transfer such securities during the 1-year period
beginning on the date of purchase, unless such securities are sold to--
``(1) the issuer of such securities; or
``(2) an accredited investor.
``(f) Construction.--
``(1) No registration as broker.--With respect to a
transaction described under section 4(6) involving an
intermediary, such intermediary shall not be required to
register as a broker under section 15(a)(1) of the Securities
Exchange Act of 1934 solely by reason of participation in such
transaction.
``(2) No preclusion of other capital raising.--Nothing in
this section or section 4(6) shall be construed as preventing
an issuer from raising capital through methods not described
under section 4(6).''.
(c) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Securities and Exchange Commission shall
issue such rules as may be necessary to carry out section 4A of the
Securities Act of 1933. In issuing such rules, the Commission shall
consider the costs and benefits of the action.
(d) Disqualification.--Not later than 180 days after the date of
the enactment of this Act, the Securities and Exchange Commission shall
by rule or regulation establish disqualification provisions under which
an issuer shall not be eligible to utilize the exemption under section
4(6) of the Securities Act of 1933 based on the disciplinary history of
the issuer or its predecessors, affiliates, officers, directors, or
persons fulfilling similar roles. The Commission shall also establish
disqualification provisions under which an intermediary shall not be
eligible to act as an intermediary in connection with an offering
utilizing the exemption under section 4(6) of the Securities Act of
1933 based on the disciplinary history of the intermediary or its
predecessors, affiliates, officers, directors, or persons fulfilling
similar roles. Such provisions shall be substantially similar to the
disqualification provisions contained in the regulations adopted in
accordance with section 926 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (15 U.S.C. 77d note).
SEC. 3. EXCLUSION OF CROWDFUNDING INVESTORS FROM SHAREHOLDER CAP.
Section 12(g)(5) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)(5)) is amended--
(1) by striking ``(5) For the purposes'' and inserting:
``(5) Definitions.--
``(A) In general.--For the purposes''; and
(2) by adding at the end the following:
``(B) Exclusion for persons holding certain
securities.--For purposes of this subsection,
securities held by persons who purchase such securities
in transactions described under section 4(6) of the
Securities Act of 1933 shall not be deemed to be `held
of record'.''.
SEC. 4. PREEMPTION OF STATE LAW.
(a) In General.--Section 18(b)(4) of the Securities Act of 1933 (15
U.S.C. 77r(b)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following:
``(C) section 4(6);''.
(b) Clarification of the Preservation of State Enforcement
Authority.--
(1) In general.--The amendments made by subsection (a)
relate solely to State registration, documentation, and
offering requirements, as described under section 18(a) of
Securities Act of 1933 (15 U.S.C. 77r(a)), and shall have no
impact or limitation on other State authority to take
enforcement action with regard to an issuer, intermediary, or
any other person or entity using the exemption from
registration provided by section 4(6) of such Act.
(2) Clarification of state jurisdiction over unlawful
conduct of intermediaries, issuers, and custodians.--Section
18(c)(1) of the Securities Act of 1933 is amended by striking
``with respect to fraud or deceit, or unlawful conduct by a
broker or dealer, in connection with securities or securities
transactions.'' and inserting the following: ``, in connection
with securities or securities transactions, with respect to--
``(A) fraud or deceit;
``(B) unlawful conduct by a broker or dealer; and
``(C) with respect to a transaction described under
section 4(6), unlawful conduct by an intermediary,
issuer, or custodian.''.
Passed the House of Representatives November 3, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Entrepreneur Access to Capital Act - (Sec. 2) Amends the Securities Act of 1933 to exempt from its registration requirements and prohibitions any transactions involving the offer or sale of (crowdfunded) securities by an issuer if the aggregate amount sold within the previous 12-month period in reliance upon the exemption is: (1) $1 million, adjusted for inflation, or less; or (2) $2 million, adjusted for inflation, or less if the issuer provides potential investors with audited financial statements. Requires the aggregate amount sold to any investor in reliance on this exemption within the previous 12-month period, in either case, not to exceed the lesser of $10,000, adjusted for inflation, or 10% of the investor's annual income.
(Crowdfunding is a method of capital formation where groups of people pool money, typically composed of very small individual contributions, and often via internet platforms, to invest in a company or otherwise support an effort by others to accomplish a specific goal.)
Requires an intermediary between the issuer and the investor, if there is one, and an issuer, if there is no intermediary, to meet specified requirements.
Requires both intermediaries and issuers (if there is no intermediary) with respect to such exempted transactions to: (1) warn investors of the speculative nature generally applicable to investments in startups, emerging businesses, and small issuers; (2) warn investors that there are restrictions on the re-sale of the securities; (3) take reasonable measures to reduce the risk of fraud with respect to the transaction; (4) provide the Securities and Exchange Commission (SEC) with information about the intermediary or about the issuer and the offering, as the case may be; (5) provide the SEC with continuous investor-level access to the intermediary's or the issuer's website; (6) require each investor to answer questions demonstrating a basic understanding of the nature of the securities offered, including the risk of illiquidity; (7) outsource cash-management functions to a qualified third party custodian; (8) maintain books and records the SEC deems appropriate; (9) allow for communication between the issuer and investors via the intermediary's or the issuer's website; (10) not offer investment advice; and (11) notify the SEC upon completion of the offering.
Requires the issuer (and requires an intermediary to require the issuer) to state a target offering amount as well as a deadline to reach it, and ensure that the third party custodian withholds offering proceeds until the aggregate capital raised from investors other than the issuer is no less than 60 % of the target offering amount.
Requires an intermediary, in addition, to: (1) carry out background checks on the issuer's principals, and (2) provide the SEC and potential investors with information about the issuer and the offering.
Requires an issuer to disclose its interest in the issuance to investors.
Authorizes an issuer or intermediary to rely upon certifications as to annual income provided by the person to whom the securities are sold to verify the investor's income.
Directs the SEC to make available to the states information it receives about the intermediary, issuer, and offering.
Restricts investor sales of certain securities during the one-year period beginning on the date of purchase, unless such securities are sold to either the issuer of the securities or to an accredited investor.
Declares that an intermediary shall not be treated as a broker under the securities laws solely by reason of participation in a crowdfunded transaction.
States that this Act does not preclude an issuer from raising capital through other means.
Directs the SEC to establish disqualification criteria that render either an issuer or intermediary ineligible to utilize a specified exemption under the Securities Act of 1933 based upon the disciplinary history of the issuer or its predecessors, affiliates, officers, directors, or persons fulfilling similar roles. Requires such criteria to be substantially similar to rules adopted for disqualifying felons from Regulation D offerings in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act.
(Sec. 3) Amends the Securities Exchange Act of 1934 to exclude securities held by persons who purchase them in crowdfunded transactions under this Act from application of the 500-to-750 shareholder "held of record" criterion for a class of equity security subject to mandatory registration.
(Sec. 4) Amends the Securities Act of 1933 to exempt such crowdfunded securities from state regulation of securities offerings; but retains state jurisdiction over fraud, deceit, or the unlawful conduct of intermediaries, issuers, and custodians. | {"src": "billsum_train", "title": "To amend the securities laws to provide for registration exemptions for certain crowdfunded securities, and for other purposes."} | 2,894 | 1,037 | 0.647593 | 2.306108 | 0.800485 | 3.34611 | 3.021421 | 0.872604 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Helping Save
Americans' Health Care Choices Act of 2012''.
(b) Table of Sections.--The table of sections for this Act is as
follows:
Sec. 1. Short title, etc.
Sec. 2. Repeal of additional tax from distributions from HSAs and MSAs.
Sec. 3. Repeal of limitation on deductions making non-prescription
drugs non-qualifying distributions from
tax-preferred accounts.
Sec. 4. Treatment of high deductible health plans as qualified health
plan under the Patient Protection and
Affordable Care Act.
Sec. 5. Repeal of limitation on health flexible spending arrangements
under cafeteria plans.
Sec. 6. Saver's credit for contributions to health savings accounts.
Sec. 7. HSA funds for premiums for high deductible health plans.
Sec. 8. Requiring greater coordination between high deductible health
plan administrators and HSA account
administrators so that enrollees can enroll
in both at the same time.
Sec. 9. Special rule for certain medical expenses incurred before
establishment of account.
Sec. 10. Provisions relating to medicare.
Sec. 11. Individuals eligible for veterans benefits for a service-
connected disability.
Sec. 12. Increase the maximum contribution limit to an HSA to match
deductible and out-of-pocket expense
limitation.
Sec. 13. FSA funds may be used for long-term care insurance premiums.
Sec. 14. Individuals eligible for TRICARE.
Sec. 15. Certain physician fees to be treated as medical care.
Sec. 16. Allow both spouses to make catch-up contributions to the same
hsa account.
SEC. 2. REPEAL OF ADDITIONAL TAX FROM DISTRIBUTIONS FROM HSAS AND MSAS.
Section 9004 of the Patient Protection and Affordable Care Act is
hereby repealed, and effective as of the date of the enactment of such
Act the provisions of the Internal Revenue Code of 1986 amended by such
section are amended to read as such provisions would read if such
section had never been enacted.
SEC. 3. REPEAL OF LIMITATION ON DEDUCTIONS MAKING NON-PRESCRIPTION
DRUGS NON-QUALIFYING DISTRIBUTIONS FROM TAX-PREFERRED
ACCOUNTS.
Section 9003 of the Patient Protection and Affordable Care Act is
hereby repealed, and effective as of the date of the enactment of such
Act the provisions of the Internal Revenue Code of 1986 amended by such
section are amended to read as such provisions would read if such
section had never been enacted.
SEC. 4. TREATMENT OF HIGH DEDUCTIBLE HEALTH PLANS AS QUALIFIED HEALTH
PLAN UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE
ACT.
Subparagraph (B) of section 1301(a)(1) of the Patient Protection
and Affordable Care Act is amended by inserting ``or meets the
requirements for a high deductible health plan under section 223(c)(2)
of the Internal Revenue Code of 1986'' after ``section 1302(a)''.
SEC. 5. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS
UNDER CAFETERIA PLANS.
Sections 9005 and 10902 of the Patient Protection and Affordable
Care Act are hereby repealed, and effective as of the date of the
enactment of such Act the provisions of the Internal Revenue Code of
1986 amended by such sections are amended to read as such provisions
would read if such sections had never been enacted.
SEC. 6. SAVER'S CREDIT FOR CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.
(a) Allowance of Credit.--Subsection (a) of section 25B of the
Internal Revenue Code of 1986 is amended by inserting ``aggregate
qualified HSA contributions and'' after ``so much of the''.
(b) Qualified HSA Contributions.--Subsection (d) of section 25B of
such Code is amended by redesignating paragraph (2) as paragraph (3)
and by inserting after paragraph (1) the following new paragraph:
``(2) Qualified hsa contributions.--The term `qualified HSA
contribution' means, with respect to any taxable year, a
contribution of the eligible individual to a health savings
account (as defined in section 223(d)(1)) for which a deduction
is allowable under section 223(a) for such taxable year.''.
(c) Conforming Amendment.--The first sentence of section
25B(d)(3)(A) of such Code (as redesignated by subsection (b)) is
amended to read as follows: ``The aggregate qualified retirement
savings contributions determined under paragraph (1) and qualified HSA
contributions determined under paragraph (2) shall be reduced (but not
below zero) by the aggregate distributions received by the individual
during the testing period from any entity of a type to which
contributions under paragraph (1) or paragraph (2) (as the case may be)
may be made.''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions made after December 31, 2012.
SEC. 7. HSA FUNDS FOR PREMIUMS FOR HIGH DEDUCTIBLE HEALTH PLANS.
(a) In General.--Subparagraph (C) of section 223(d)(2) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (iii), by striking the period at the end of clause (iv) and
inserting ``, or'', and by adding at the end the following:
``(v) a high deductible health plan if--
``(I) such plan is not offered in
connection with a group health plan,
and
``(II) no portion of any premium
(within the meaning of applicable
premium under section 4980B(f)(4)) for
such plan is excludable from gross
income under section 106.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to premiums for a high deductible health plan for periods
beginning after December 31, 2012.
SEC. 8. REQUIRING GREATER COORDINATION BETWEEN HIGH DEDUCTIBLE HEALTH
PLAN ADMINISTRATORS AND HSA ACCOUNT ADMINISTRATORS SO
THAT ENROLLEES CAN ENROLL IN BOTH AT THE SAME TIME.
The Secretary of the Treasury, through the issuance of regulations
or other guidance, shall encourage administrators of health plans and
trustees of health savings accounts to provide for simultaneous
enrollment in high deductible health plans and setup of health savings
accounts.
SEC. 9. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE
ESTABLISHMENT OF ACCOUNT.
(a) In General.--Subsection (d) of section 223 of the Internal
Revenue Code of 1986 is amended by redesignating paragraph (4) as
paragraph (5) and by inserting after paragraph (3) the following new
paragraph:
``(4) Treatment of account established before tax return
due for tax year.--For purposes of this section, if, before the
time prescribed by law for filing the return of tax for a
taxable year (not including extensions thereof), a taxpayer--
``(A) establishes a health savings account,
``(B) makes contributions to a health savings
account on account of such taxable year, or
``(C) makes payments or distributions from a health
savings account for such taxable year,
the health savings account shall be deemed to be established on
the last day of such taxable year and such contributions and
distributions shall be deemed to have been made on account of
such taxable year.''.
(b) Conforming Amendment.--Paragraph (5) of section 223(d) of such
Code, as redesignated by subsection (a), is amended by striking
subparagraph (B) and redesignating subparagraphs (C) through (E) as
subparagraphs (B) through (D), respectively.
(c) Effective Date.--The amendments made by this section shall
apply with respect to health savings accounts established, and
contributions to and distributions from health savings accounts after,
the date of the enactment of this Act.
SEC. 10. PROVISIONS RELATING TO MEDICARE.
(a) Individuals Over Age 65 Only Enrolled in Medicare Part A.--
Section 223(b)(7) of the Internal Revenue Code of 1986 (relating to
contribution limitation on Medicare eligible individuals) is amended by
adding at the end the following new sentence: ``This paragraph shall
not apply to any individual during any period the individual's only
entitlement to such benefits is an entitlement to hospital insurance
benefits under part A of title XVIII of such Act pursuant to an
enrollment for such hospital insurance benefits under section 226(a)(1)
of such Act.''.
(b) Medicare Beneficiaries Participating in Medicare Advantage MSA
May Contribute Their Own Money to Their MSA.--Subsection (b) of section
138 of such Code is amended by striking paragraph (2) and by
redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 11. INDIVIDUALS ELIGIBLE FOR VETERANS BENEFITS FOR A SERVICE-
CONNECTED DISABILITY.
(a) In General.--Section 223(c)(1) of the Internal Revenue Code of
1986 (defining eligible individual) is amended by adding at the end the
following new subparagraph:
``(C) Special rule for individuals eligible for
certain veterans benefits.--For purposes of
subparagraph (A)(ii), an individual shall not be
treated as covered under a health plan described in
such subparagraph merely because the individual
receives periodic hospital care or medical services for
a service-connected disability under any law
administered by the Secretary of Veterans Affairs but
only if the individual is not eligible to receive such
care or services for any condition other than a
service-connected disability.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 12. INCREASE THE MAXIMUM CONTRIBUTION LIMIT TO AN HSA TO MATCH
DEDUCTIBLE AND OUT-OF-POCKET EXPENSE LIMITATION.
(a) Self-Only Coverage.--Subparagraph (A) of section 223(b)(2) of
the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and
inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)''.
(b) Family Coverage.--Subparagraph (B) of section 223(b)(2) of such
Code is amended by striking ``$4,500'' and inserting ``the amount in
effect under subsection (c)(2)(A)(ii)(II)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 13. FSA FUNDS MAY BE USED FOR LONG-TERM CARE INSURANCE PREMIUMS.
(a) In General.--Subsection (c) of section 106 of the Internal
Revenue Code of 1986 is amended by redesignating paragraph (2) as
paragraph (3) and by amending so much of such subsection as precedes
such paragraph (3) to read as follows:
``(c) Long-Term Care Benefits Provided Through Flexible Spending
Arrangements.--
``(1) In general.--Effective on and after January 1, 2013,
gross income of an employee shall not include employer-provided
coverage for qualified long-term care services (as defined in
section 7702B(c)) to the extent that such coverage is provided
through a flexible spending or similar arrangement.
``(2) Premiums for long-term care.--Qualified medical
expenses for which reimbursement may be made by distributions
from a flexible spending arrangement shall include amounts paid
for long-term care coverage.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 14. INDIVIDUALS ELIGIBLE FOR TRICARE.
(a) In General.--Section 223(c)(1) of the Internal Revenue Code of
1986 (defining eligible individual), as amended by section 4, is
amended by adding at the end the following new subparagraph:
``(D) Special rule for individuals eligible for
tricare.--Subparagraph (A)(ii) shall be applied without
regard to coverage under the TRICARE program under
chapter 55 of title 10, United States Code.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 15. CERTAIN PHYSICIAN FEES TO BE TREATED AS MEDICAL CARE.
(a) In General.--Subsection (d) of section 213 of the Internal
Revenue Code of 1986, as amended by sections 15 and 16, is amended by
adding at the end the following new paragraph:
``(12) Pre-paid physician fees.--The term `medical care'
shall include amounts paid by patients to their primary
physician in advance for the right to receive medical services
on an as-needed basis.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 16. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME
HSA ACCOUNT.
(a) In General.--Paragraph (3) of section 223(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(C) Special rule where both spouses are eligible
individuals with 1 account.--If--
``(i) an individual and the individual's
spouse have both attained age 55 before the
close of the taxable year, and
``(ii) the spouse is not an account
beneficiary of a health savings account as of
the close of such year,
the additional contribution amount shall be 200 percent
of the amount otherwise determined under subparagraph
(B).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Helping Save Americans' Health Care Choices Act of 2012 - Amends the Patient Protection and Affordable Care Act (PPACA) to repeal: (1) the 20% penalty for distributions from a health savings account (HSA) or an Archer medical savings account (Archer MSA) not used for qualified medical expenses, (2) the prohibition on distributions from an HSA for over-the-counter drugs, and (3) the limitation on health flexible spending arrangements under cafeteria plans. Allows the treatment of a high deductible health plan as a qualified health plan under PPACA.
Amends the Internal Revenue Code to allow: (1) a retirement savings tax credit for contributions to an HSA, (2) payment of premiums for high deductible health plans from an HSA, (3) a tax deduction for medical expenses incurred prior to the establishment of an HSA, (4) an increase of the HSA maximum allowable contribution amount to match the limit on deductible and out-of-pocket expenses under an HSA, (5) an exclusion from gross income of employer-provided coverage for qualified long-term care services that is provided through a flexible spending or similar arrangement, (6) eligibility for veterans with a service-connected disability, participants in Tricare, and certain Medicare beneficiaries for participation in an HSA, (7) both spouses to make catch-up contributions to the same HSA account, and (8) a tax deduction for amounts paid by patients to their primary physician in advance for the right to receive medical services on an as-needed basis.
Directs the Secretary of the Treasury, through regulations or other guidance, to encourage administrators of health plans and trustees of HSAs to provide for simultaneous enrollment in high deductible health plans and setup of HSAs. | {"src": "billsum_train", "title": "To repeal provisions of the Patient Protection and Affordable Care Act relating to health savings accounts, and for other purposes."} | 3,325 | 374 | 0.628628 | 1.928348 | 0.675367 | 3.733918 | 8.105263 | 0.932749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Bankruptcy Passenger
Protection Act of 1993''.
SEC. 2. REPORTING AND OTHER REQUIREMENTS.
(a) In General.--Title IV of the Federal Aviation Act of 1958 (49
U.S.C. App. 1371-1389) is amended by adding at the end thereof the
following new section:
``SEC. 420. BANKRUPTCY TRANSPORTATION PLANS.
``(a) Development.--
``(1) Order.--Not later than 60 days after the date of the
enactment of this section, the Secretary shall issue an order
authorizing covered air carriers to develop a plan for
providing air transportation for any person who holds an
airline ticket for provision of such transportation by a
covered air carrier who, after the date of purchase of such
ticket, becomes a debtor in a case under title 11, United
States Code. Such order shall also include an exemption in
accordance with section 414.
``(2) Deadline for submission.--Any plan developed under
paragraph (1) shall be submitted to the Secretary for approval
within 180 days after the date of the enactment of this
section.
``(b) Time Limit and Basis for Approval.--If a plan is submitted to
the Secretary in accordance with subsection (a), the Secretary shall
approve or disapprove such plan within 60 days after the date of such
submission. If the Secretary determines that such plan will provide (or
would provide if all covered air carriers participate in implementation
of such plan) satisfactory protection for all persons who hold airline
tickets described in subsection (a), the Secretary shall approve such
plan. Otherwise, the Secretary shall disapprove such plan.
``(c) Implementation of Approved Plans.--If the Secretary approves
a plan under this section, the Secretary shall issue an order requiring
implementation of such plan by the covered air carriers who submitted
such plan and any other covered air carriers. If there are any covered
air carriers who did not participate in development of a plan approved
under this section, such carriers shall be treated under such order and
plan in the same manner as carriers who did participate in development
of such plan.
``(d) Regulations.--If a plan described in subsection (a) is not
submitted within 180 days after the date of the enactment of this
section, or if the Secretary disapproves a plan submitted in accordance
with subsection (a), or if the Secretary determines that a plan
approved under this section is not being implemented in a manner which
provides satisfactory protection for all persons who hold airline
tickets described in subsection (a), the Secretary shall issue
regulations requiring all covered air carriers to provide air
transportation for persons who hold such tickets. Such regulations must
be issued within 90 days after the expiration of such 180-day period,
the date of disapproval of such plan, or the date of such
determination, as the case may be.
``(e) Definitions.--For purposes of this section--
``(1) Airline ticket.--The term `airline ticket' means any
written instrument that embodies a contract of carriage between
a covered air carrier and a passenger thereof for interstate or
overseas air transportation.
``(2) Covered air carrier.--The term `covered air carrier'
means--
``(A) an air carrier which provides interstate or
overseas air transportation primarily with aircraft
having seating for more than 60 passengers and which in
the 12-month period preceding the date of the enactment
of this section, enplaned more than .2 percent of the
total number of passengers enplaned on all aircraft
used to provide interstate and overseas air
transportation in such period; and
``(B) an air carrier not described in subparagraph
(A) who enters into an agreement with an air carrier
who is described in subparagraph (A) to operate under
or use a single air carrier designator code to provide
interstate or overseas air transportation, but only
with respect to those operations of the carrier not
described in subparagraph (A) which are carried out
under such code.
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.''.
(b) Conforming Amendment to Table of Contents.--The table of
contents in the first section of the Federal Aviation Act of 1958 is
amended by adding at the end of the material relating to title IV the
following:
``Sec. 420. Bankruptcy transportation plans.
``(a) Development.
``(b) Time limit and basis for approval.
``(c) Implementation of approved plans.
``(d) Regulations.
``(e) Definitions.''. | Airline Bankruptcy Passenger Protection Act of 1993 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date.
Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders. | {"src": "billsum_train", "title": "Airline Bankruptcy Passenger Protection Act of 1993"} | 1,054 | 111 | 0.631625 | 1.565364 | 1.060814 | 2.802198 | 10.505495 | 0.868132 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assessing Progress in Haiti Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 12, 2010, an earthquake measuring 7.0 on the
Richter magnitude scale struck the country of Haiti.
(2) According to the United States Geological Survey
(USGS)--
(A) the earthquake epicenter was located
approximately 15 miles southwest of Port-au-Prince, the
capital of Haiti; and
(B) the earthquake was followed by 59 aftershocks
of magnitude 4.5 or greater, the most severe measuring
6.0.
(3) According to the Government of Haiti, more than 316,000
people died as a result of the earthquake, including 103
citizens of the United States and more than 100 United Nations
personnel.
(4) According to the United Nations and the International
Organization for Migration--
(A) an estimated 3,000,000 people were directly
affected by the disaster, nearly one-third of the
country's population; and
(B) more than 2,100,000 people were displaced from
their homes to settlements.
(5) Casualty numbers and infrastructure damage, including
to roads, ports, hospitals, and residential dwellings, place
the earthquake as the worst cataclysm to hit Haiti in over two
centuries and, proportionally, one of the world's worst natural
disasters in modern times.
(6) The Post Disaster Needs Assessment (PDNA) conducted by
the Government of Haiti, the United Nations, the World Bank,
the Inter-American Development Bank, and other experts
estimates that damage and economic losses totaled
$7,804,000,000, approximately 120 percent of Haiti's gross
domestic product in 2009.
(7) Haiti is the poorest, least developed country in the
Western Hemisphere with, prior to the earthquake--
(A) more than 70 percent of Haitians living on less
than $2 per day; and
(B) a ranking of 149 out of 182 countries on the
United Nations Human Development Index.
(8) House Resolution 1021, which was passed on January 21,
2010, on a vote of 411 to 1 expressed--
(A) the House of Representatives' ``deepest
condolences and sympathy for the horrific loss of
life'' caused by the earthquake; and
(B) bipartisan support for Haiti's recovery and
reconstruction.
(9) The initial emergency response of the men and women of
the United States Government, led by the United States Agency
for International Development and United States Southern
Command, was swift and resolute.
(10) United States urban search and rescue (USAR) teams
were immediately activated after the earthquake and deployed
from Fairfax County, Virginia, Los Angeles County, California,
Miami-Dade, Florida, the City of Miami, Florida, and Virginia
Beach, Virginia, to assist the United States Agency for
International Development (USAID) Disaster Assistance Response
Team (DART), and New York City's first responders asked the
Office of U.S. Foreign Disaster Assistance (OFDA) to activate a
New York City urban search and rescue shortly thereafter.
(11) A month after the earthquake, the House of
Representatives unanimously passed House Resolution 1059 which
expressed gratitude to these USAR units, and highlighted that
the 511 United States rescue workers comprised roughly one-
third of the entire international USAR effort in Haiti, and
more than 130 people were rescued from under the rubble in
Haiti by these units.
(12) Individuals, businesses, and philanthropic
organizations across the United States and throughout the
international community responded in support of Haiti and its
populace during this crisis, sometimes in innovative ways such
as fundraising through text messaging.
(13) The Haitian diaspora in the United States, which was
integral to emergency relief efforts--
(A) has annually contributed significant monetary
support to Haiti through remittances; and
(B) continues to seek opportunities to partner with
the United States Agency for International Development
and other agencies to substantively contribute to the
reconstruction of Haiti.
(14) Significant challenges still remain in Haiti as it
works to recover and rebuild.
(15) According to the International Organization for
Migration, approximately 680,000 people remain in spontaneous
and organized camps in Haiti.
(16) According to numerous nongovernmental organizations
and United States contractors, the pace of reconstruction has
lagged significantly behind the original emergency relief
phase.
(17) The widespread irregularities that occurred in the
elections held in Haiti on November 28, 2010, led to outbursts
of violence which undermined the recovery efforts.
(18) On October 21, 2010, an outbreak of cholera was
detected in the Lower Artibonite region.
(19) Initial efforts to contain the epidemic were disrupted
by Hurricane Tomas and resulting widespread flooding, which led
to the spreading and entrenchment of the disease throughout the
country.
(20) According to the Haitian Ministry of Public Health and
Population, as of March 28, 2011--
(A) approximately 4,766 people have died from
cholera; and
(B) approximately 270,991 have been infected from
the disease.
(21) According to the Pan American Health Organization and
the Centers for Disease Control and Prevention, cholera could
spread to as many as 400,000 people within the first year of
the epidemic, potentially causing 7,600 deaths at the current
case fatality rate.
(22) The United States has provided more than $62,523,017
worth of assistance to combat the cholera epidemic, including
by assisting with stockpiling health commodities, equipping
cholera treatments centers, providing public information, and
improving water and sanitation systems.
(23) The efforts to combat the cholera epidemic have helped
to drive the mortality rate from cholera down from nearly 7
percent to 1.7 percent of all contracted cases as of February
25, 2011.
(24) Throughout the series of crises, the people of Haiti
continue to demonstrate unwavering resilience, dignity, and
courage.
(25) On March 20, 2011, presidential and parliamentary
elections were held in Haiti without major disruptions or
problems.
(26) At the international donors conference ``Towards a New
Future for Haiti'' held on March 31, 2010, 59 donors pledged
over $5,000,000,000 to support Haiti.
(27) The United Nations Office of the Special Envoy for
Haiti estimates that nearly $1,900,000,000 has been disbursed,
with an additional amount of approximately $2,000,000,000
committed.
(28) Haiti will need the support of the international
community in order to confront the ongoing cholera epidemic and
to promote reconstruction and development.
SEC. 3. REPORT.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the President, in consultation with the
heads of all relevant agencies, including the Department of State, the
United States Agency for International Development, the Department of
Defense, the Department of Health and Human Services, and the Centers
for Disease Control and Prevention shall transmit to Congress a report
on the status of post-earthquake humanitarian, reconstruction, and
development efforts in Haiti, including efforts to prevent the spread
of cholera and treat persons infected with the disease.
(b) Contents.--The report required by subsection (a) shall include
a description, analysis, and evaluation of the--
(1) overall progress of relief, recovery, and
reconstruction in Haiti, including--
(A) programs and projects of the United States
Government;
(B) programs and projects to protect vulnerable
populations, such as internally displaced persons,
children, women and girls, and persons with
disabilities; and
(C) projects to improve water, sanitation, and
health, and plans for improvements in these areas in
the long-term;
(2) extent to which United States and international efforts
are in line with the priorities of the Government of Haiti and
are actively engaging and working through Haitian ministries
and local authorities;
(3) coordination among United States Government agencies,
and coordination between the United States Government and
United Nations agencies, international financial institutions,
and other bilateral donors;
(4) mechanisms for communicating the progress of recovery
and reconstruction efforts to Haitian citizens, as well as
recommendations on how these can be improved;
(5) mechanisms through which Haitian civil society,
including vulnerable populations, is actively participating in
all major stages of recovery and reconstruction efforts, and
recommendations on how these can be improved;
(6) mechanisms through which the Haitian diaspora is
involved in recovery and reconstruction efforts; and
(7) suitability of Haiti to receive aliens who are removed,
excluded, or deported from the United States pursuant to United
States law, and steps Haiti is taking to strengthen its
capacity in this regard.
(c) Use of Previously Appropriated Funds.--Funding for the report
required under subsection (a) shall derive from existing discretionary
funds of the departments and agencies specified in such subsection. | Assessing Progress in Haiti Act - Directs the President to report to Congress on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease. | {"src": "billsum_train", "title": "A bill to measure the progress of relief, recovery, reconstruction, and development efforts in Haiti following the earthquake of January 12, 2010, and for other purposes."} | 1,854 | 57 | 0.445257 | 1.133846 | 0.597405 | 8.717391 | 39.891304 | 0.978261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minority Inclusion in Clinical
Trials Act of 2015''.
SEC. 2. SENSE OF CONGRESS ON INCENTIVIZING INCLUSION OF
UNDERREPRESENTED COMMUNITIES IN CLINICAL TRIALS.
It is the sense of Congress that the National Institute on Minority
Health and Health Disparities (NIMHD) shall include within its
strategic plan ways to increase representation of underrepresented
communities in clinical trials.
SEC. 3. CAREER DEVELOPMENT FOR SCIENTISTS AND RESEARCHERS.
The Secretary of Health and Human Services (in this section
referred to as the ``Secretary''), acting through the Director of the
National Institutes of Health, the Director of the Centers for Disease
Control and Prevention, the Commissioner of Food and Drugs, the
Director of the Agency for Healthcare Research and Quality, and the
Administrator of the Health Resources and Services Administration,
shall award grants for--
(1) expanding existing opportunities for scientists and
researchers; and
(2) promoting the inclusion of underrepresented minorities
in the health professions.
SEC. 4. SUPPORT FOR INSTITUTIONS COMMITTED TO WORKFORCE DEVELOPMENT IN
UNDERREPRESENTED COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Administrator of the Health Resources and Services Administration and
the Centers for Disease Control and Prevention, shall award grants to
eligible entities that demonstrate a commitment to health workforce
development in underrepresented communities.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be an educational institution or entity that
historically produces or trains meaningful numbers of
underrepresented minority health professionals, including--
(A) historically Black colleges and universities;
(B) Hispanic-serving health professions schools;
(C) Hispanic-serving institutions;
(D) tribal colleges and universities;
(E) Asian-American, Native American, and Pacific
Islander-serving institutions;
(F) institutions that have programs to recruit and
retain underrepresented minority health professionals,
in which a significant number of the enrolled
participants are underrepresented minorities;
(G) health professional associations, which may
include underrepresented minority health professional
associations; and
(H) institutions--
(i) located in communities with
predominantly underrepresented minority
populations;
(ii) with whom partnerships have been
formed for the purpose of increasing workforce
diversity; and
(iii) in which at least 20 percent of the
enrolled participants are underrepresented
minorities; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(c) Use of Funds.--Amounts received under a grant under subsection
(a) shall be used to expand existing workforce diversity programs,
implement new workforce diversity programs, or evaluate existing or new
workforce diversity programs, including with respect to mental health
care professions. Such programs shall enhance diversity by considering
minority status as part of an individualized consideration of
qualifications. Possible activities may include--
(1) educational outreach programs relating to opportunities
in the health professions;
(2) scholarship, fellowship, grant, loan repayment, and
loan cancellation programs;
(3) postbaccalaureate programs;
(4) academic enrichment programs, particularly targeting
those who would not be competitive for health professions
schools;
(5) kindergarten through 12th grade and other health
pipeline programs;
(6) mentoring programs;
(7) internship or rotation programs involving hospitals,
health systems, health plans, and other health entities;
(8) community partnership development for purposes relating
to workforce diversity; or
(9) leadership training.
(d) Reports.--Not later than 1 year after receiving a grant under
this section, and annually for the term of the grant, a grantee shall
submit to the Secretary a report that summarizes and evaluates all
activities conducted under the grant.
(e) Definition.--In this section, the term ``Asian-American, Native
American, and Pacific Islander-serving institutions'' has the same
meaning as the term ``Asian American and Native American Pacific
Islander-serving institution'' as defined in section 371(c) of the
Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2015 through 2020.
SEC. 5. ELIMINATING DISPARITIES IN MATERNITY HEALTH OUTCOMES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') (in consultation with
the Deputy Assistant Secretary for Minority Health, the Director of the
National Institutes of Health, the Director of the Centers for Disease
Control and Prevention, the Administrator of the Centers for Medicare &
Medicaid Services, and the Administrator of the Agency for Healthcare
Research & Quality, and in consultation with relevant national
stakeholder organizations such as national medical specialty
organizations, national maternal child health organizations, national
groups that represent minority populations, and national health
disparity organizations) shall carry out the following activities to
eliminate disparities in maternal health outcomes:
(1) Conduct research into the determinants and the
distribution of disparities in maternal care, health risks, and
health outcomes, and improve the capacity of the performance
measurement infrastructure to measure such disparities.
(2) Expand access to services that have been demonstrated
to improve the quality and outcomes of maternity care for
vulnerable populations.
(3) Establish a demonstration project to compare the
effectiveness of interventions to reduce disparities in
maternity services and outcomes, and implement and assess
effective interventions.
(b) Scope and Selection of States for Demonstration Project.--The
demonstration project under subsection (a)(3) shall be conducted in no
more than 8 States, which shall be selected by the Secretary based on--
(1) applications submitted by States, which specify which
regions and populations the State involved will serve under the
demonstration project;
(2) criteria designed by the Secretary to ensure that, as a
whole, the demonstration project is, to the greatest extent
possible, representative of the demographic and geographic
composition of communities most affected by disparities;
(3) criteria designed by the Secretary to ensure that a
variety of types of models are tested through the demonstration
project and that such models include interventions that have an
existing evidence base for effectiveness; and
(4) criteria designed by the Secretary to assure that the
demonstration projects and models will be carried out in
consultation with local and regional provider organizations,
such as community health centers, hospital systems, and medical
societies representing providers of maternity services.
(c) Duration of Demonstration Project.--The demonstration project
under subsection (a)(3) shall begin on January 1, 2015, and end on
December 31, 2019.
(d) Grants for Evaluation and Monitoring.--The Secretary may make
grants to States and health care providers participating in the
demonstration project under subsection (a)(3) for the purpose of
collecting data necessary for the evaluation and monitoring of such
project.
(e) Reports.--
(1) State reports.--Each State that participates in the
demonstration project under subsection (a)(3) shall report to
the Secretary, in a time, form, and manner specified by the
Secretary, the data necessary to--
(A) monitor the--
(i) outcomes of the project;
(ii) costs of the project; and
(iii) quality of maternity care provided
under the project; and
(B) evaluate the rationale for the selection of the
items and services included in any bundled payment made
by the State under the project.
(2) Final report.--Not later than December 31, 2020, the
Secretary shall submit to Congress a report on the results of
the demonstration project under subsection (a)(3).
SEC. 6. HEALTH DISPARITIES EDUCATION PROGRAM.
(a) Establishment.--The Secretary, acting through the National
Institute on Minority Health and Health Disparities and in
collaboration with the Office of Minority Health, the Office for Civil
Rights, the Centers for Disease Control and Prevention, the Centers for
Medicare & Medicaid Services, the Health Resources and Services
Administration, and other appropriate public and private entities,
shall establish and coordinate a health and health care disparities
education program to support, develop, and implement educational
initiatives and outreach strategies that inform health care
professionals and the public about the existence of and methods to
reduce racial and ethnic disparities in health and health care.
(b) Activities.--The Secretary, through the education program
established under subsection (a), shall, through the use of public
awareness and outreach campaigns targeting the general public and the
medical community at large--
(1) disseminate scientific evidence for the existence and
extent of racial and ethnic disparities in health care,
including disparities that are not otherwise attributable to
known factors such as access to care, patient preferences, or
appropriateness of intervention, as described in the 2002
Institute of Medicine Report entitled ``Unequal Treatment:
Confronting Racial and Ethnic Disparities in Health Care'', as
well as the impact of disparities related to age, disability
status, socioeconomic status, sex, gender identity, and sexual
orientation on racial and ethnic minorities;
(2) disseminate new research findings to health care
providers and patients to assist them in understanding,
reducing, and eliminating health and health care disparities;
(3) disseminate information about the impact of linguistic
and cultural barriers on health care quality and the obligation
of health providers who receive Federal financial assistance to
ensure that people with limited-English proficiency have access
to language access services;
(4) disseminate information about the importance and
legality of racial, ethnic, disability status, socioeconomic
status, sex, gender identity, and sexual orientation, and
primary language data collection, analysis, and reporting;
(5) design and implement specific educational initiatives
to health care providers relating to health and health care
disparities; and
(6) assess the impact of the programs established under
this section in raising awareness of health and health care
disparities and providing information on available resources.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2015 through 2020. | Minority Inclusion in Clinical Trials Act of 2015 This bill expresses the sense of Congress that the National Institute on Minority Health and Health Disparities shall include within its strategic plan ways to increase representation of underrepresented communities in clinical trials. The bill directs the Department of Health and Human Services (HHS) to award grants for expanding existing opportunities for scientists and researchers, and for promoting the inclusion of underrepresented minorities in the health professions, to eligible entities that demonstrate a commitment to health workforce development in underrepresented communities. To be eligible to receive a grant, an entity must be an educational institution or entity that historically produces or trains meaningful numbers of underrepresented minority health professionals. Grants shall be used to implement, expand, or evaluate workforce diversity programs that shall enhance diversity by considering minority status as part of an individualized consideration of qualifications. HHS must carry out the following activities to eliminate disparities in maternal health outcomes: conduct research into the determinants and the distribution of disparities in maternal care, health risks, and health outcomes and improve the capacity of the performance measurement infrastructure to measure such disparities; expand access to services that have been demonstrated to improve the quality and outcomes of maternity care for vulnerable populations; and establish a demonstration project in up to eight states to compare the effectiveness of interventions to reduce disparities in maternity services and outcomes and implement and assess effective interventions. HHS must establish and coordinate a health and health care disparities education program to support, develop, and implement educational initiatives and outreach strategies that inform health care professionals and the public about the existence of, and methods to reduce, racial and ethnic disparities in health and health care. | {"src": "billsum_train", "title": "Minority Inclusion in Clinical Trials Act of 2015"} | 2,266 | 349 | 0.662895 | 1.955404 | 0.951594 | 5.958333 | 6.769231 | 0.951923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneurial Investment Act of
1996''.
SEC. 2. EQUITY CAPITAL INVESTMENTS BY SMALLER BANK HOLDING COMPANIES.
Section 4(c) of the Bank Holding Company Act of 1956 (12 U.S.C.
1843(c)) is amended by adding at the end thereof the following new
paragraph:
``(15) shares of a company (other than an insured
depository institution or a depository institution holding
company) engaged in activities not authorized pursuant to
section 4 provided the conditions and requirements of this
paragraph are met.
``(A) Acquisition and retention of shares.--No bank
holding company may acquire and retain ownership or
control of shares of a company pursuant to this
paragraph unless--
``(i) each insured depository institution
controlled by the bank holding company is well-
capitalized;
``(ii) the total consolidated assets of the
bank holding company are less than $1 billion;
``(iii) the bank holding company or any
subsidiary of the bank holding company has had
a significant debt relationship with the
company for at least 1 year;
``(iv) the aggregate amount of all
investments held by the bank holding company
and all of its subsidiaries under this
paragraph, measured quarterly, does not exceed
50 percent of the sum of the excess capital of
each insured depository institution controlled
by the bank holding company;
``(v) the shares do not represent 25
percent or more of any class of voting shares
of any company;
``(vi) the shares are not acquired or held
by a depository institution or a subsidiary of
a depository institution; and
``(vii) the bank holding company does not
actively manage or operate the company.
``(B) Restrictions on joint marketing.--No
depository institution (and no subsidiary of such
depository institution) shall--
``(i) offer or market, directly or
indirectly through any arrangement, any product
or service of any company whose shares are
owned or controlled by the bank holding company
pursuant to this paragraph; or
``(ii) permit any of such depository
institution's (or subsidiary's) products or
services to be offered or marketed, directly or
indirectly through any arrangement, by or
through any company whose shares are owned or
controlled by the bank holding company pursuant
to this paragraph.
``(C) One-time prior approval.--Prior to making any
investments under this paragraph, the bank holding
company must obtain approval from the Board to engage
in investment activities under this paragraph.
``(D) Accounting requirements.--
``(i) Aggregate value of investments.--The
value of all investments made under this
paragraph shall be computed quarterly and shall
be the lower of the initial cost of the shares
or the book value of the shares.
``(ii) Mark-to-market.--For purposes of
determining compliance with the limitations in
this paragraph, the value of any shares held
under this paragraph shall be determined--
``(I) by treating the shares as
having been sold by the bank holding
company for the fair market value of
such shares as of the date of such
determination; or
``(II) in the case of any shares
which are not traded in any market or
on any exchange, the value of any such
shares shall be the lower of the cost
of the shares to the bank holding
company at the time of the acquisition
of such shares or the book value of the
shares.
``(E) Acquisition of shares in excess of limitation
through satisfaction of a prior debt.--
``(i) Not subject to limitations.--The
acquisition of voting shares of any company in
satisfaction of a debt which was previously
contracted in good faith shall not be subject
to the limitations contained in this paragraph
and any shares so acquired shall not be taken
into account under this paragraph in connection
with any other acquisition of shares by the
bank holding company under this paragraph.
``(ii) Divestiture required.--
Notwithstanding any other provision of law, any
voting shares of any company which are acquired
in satisfaction of a debt which was previously
contracted in good faith at a time when such
company was a company referred to in this
paragraph shall be divested before the end of
the 3-year period beginning on the date of such
acquisition.
``(F) Authority of the board.--
``(i) In general.--No provision of this
paragraph shall be construed as limiting the
authority of the Board to--
``(I) supervise and regulate the
investments in voting shares of any
company; or
``(II) require the divestiture of a
bank holding company or any of its
subsidiaries of shares of any company
whenever the Board determines such
action to be appropriate in order to
preserve the safety and soundness of
any insured depository institution.
``(ii) Bank with falling capital levels.--
If, at any time, the aggregate amount of the
investments in shares made under this paragraph
exceeds the amount described in subparagraph
(A)(iv) due to a decrease in the capital levels
of any insured depository institution, the
Board may take such action, including requiring
the sale of any shares held under this
paragraph, as may be appropriate in order to
preserve the safety and soundness of the
insured depository institution.
``(G) Definitions.--
``(i) Excess capital.--For purposes of this
paragraph, the term `excess capital' means the
amount by which the total risk-based capital of
a depository institution exceeds the level
required for the institution to be well-
capitalized for purposes of section 38 of the
Federal Deposit Insurance Act;
``(ii) Book value of shares.--For purposes
of this paragraph, the term `book value of
shares' means the product of--
``(I) the amount equal to the total
assets of the company issuing the
shares minus the total liabilities of
such company; and
``(II) the percentage of the total
amount of shares of the company which
are owned by the bank holding company.
``(iii) Foreign banks.--For purposes of
subparagraph (B), the term `depository
institution' includes a foreign bank.''. | Entrepreneurial Investment Act of 1996 - Amends the Bank Holding Company Act of 1956 to prescribe conditions and requirements exempting certain smaller-sized bank holding companies from its proscription against the acquisition of interests (equity capital investments) in certain nonbanking organizations. Sets forth restrictions upon joint marketing. Requires such bank holding companies to obtain a one-time approval of the Board of Governors of the Federal Reserve System prior to engaging in such investment activities. | {"src": "billsum_train", "title": "Entrepreneurial Investment Act of 1996"} | 1,374 | 102 | 0.497934 | 1.274116 | 1.092818 | 1.904762 | 15.630952 | 0.738095 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Postal Service
Commission Act of 2002''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Presidential
Commission on the United States Postal Service (in this Act referred to
as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members appointed by the President, of whom--
(A) 1 shall be designated by the President as
chairperson of the Commission;
(B) at least 1 shall not be a Federal officer or
employee; and
(C) at least 1 shall be a union representative.
(2) Prohibition.--No member of the Commission appointed
under paragraph (1) may be a stakeholder.
(3) Definition of stakeholder--In this Act the term
``stakeholder'' means any individual who--
(A) has close ties to the United States Postal
Service, including--
(i) any employee or officer of, or any
competitor with, the United States Postal
Service; and
(ii) any member of a labor organization
representing any unit of the United States
Postal Service or any entity in competition
with the United States Postal Service; or
(B) is an employee of the Postal Rate Commission.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 90 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall study matters relating to--
(1) the mission and role of the United States Postal
Service, including the scope of competition with the private
sector, the extent of the monopoly of the United States Postal
Service on letter mail, and the extent to which the United
States Postal Service should engage in any postal-related
activity, rate setting, and price flexibilities;
(2) the best structure of the United States Postal Service
to ensure its future financial viability, including proposals
that would restructure the United States Postal Service as a
private entity, Government agency, or commercial Government
entity and examine the human capital issues of the United
States Postal Service;
(3) infrastructure, including post offices and mail
processing centers;
(4) the regulatory and governance structure of the United
States Postal Service, including the Postal Rate Commission and
the Board of Governors;
(5) the transparency and accountability of United States
Postal Service operations;
(6) security of United States Postal Service employees and
customers;
(7) increasing the efficiency of the United States Postal
Service, including cost-cutting measures, productivity, and
technology implementation; and
(8) other issues that the Commission determines are
relevant to ensuring the long term viability and increased
efficiency of the United States Postal Service.
(b) Report.--Not later than the date that is the earlier of the
date occurring 1 year after the initial meeting of the Commission or 15
months after the date of the enactment of this Act, the Commission
shall submit a report to the President, the Committee on Governmental
Affairs of the Senate, and the Committee on Governmental Reform of the
House of Representatives that includes--
(1) a detailed statement of the findings and conclusions of
the Commission addressing the matters studied under subsection
(a); and
(2) the recommendations of the Commission for such
legislation and administrative actions as it considers
appropriate.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from
any Federal department or executive agency and from the United
States Postal Service and the Postal Rate Commission such
information as the Commission considers necessary to carry out
this Act.
(2) Information request.--Upon request of the chairperson
of the Commission, the head of such department or agency shall
furnish the information under paragraph (1) to the Commission.
(c) United States Postal Services.--The Commission may use the
United States mails in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
SEC. 5. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--
(A) Appointment and termination.--The chairperson
of the Commission may, without regard to the civil
service laws and regulations, appoint and terminate an
executive director and such other additional personnel
as may be necessary to enable the Commission to perform
its duties.
(B) Approval of executive director.--The employment
of an executive director under subparagraph (A) shall
be subject to approval by the Commission.
(2) Compensation.--The chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall
not be construed to apply to members of the Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 6. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date on which the
Commission submits its report under section 3.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out this Act. | United States Postal Service Commission Act of 2002 - Establishes the Presidential Commission on the United States Postal Service to study matters relating to: (1) the mission and role of the U.S. Postal Service, including the extent of its monopoly on letter mail and the extent to which it should engage in postal-related activity, rate setting, and price flexibilities; (2) the best structure of the U.S. Postal Service to ensure its future viability, including proposals to restructure as a private entity, Government agency, or commercial Government entity; (3) the regulatory and governance structure of the U.S. Postal Service, including the Postal Rate Commission and the Board of Governors; (4) security of U.S. Postal Service employees and customers; and (5) increasing U.S. Postal Service efficiency, including cost-cutting measures, productivity, and technology implementation. | {"src": "billsum_train", "title": "A bill to establish a Presidential Commission on the United States Postal Service."} | 1,752 | 190 | 0.617765 | 1.664468 | 0.878773 | 5.279503 | 10.142857 | 0.956522 |
SECTION 1. USE OF REDEVELOPMENT BONDS FOR ENVIRONMENTAL REMEDIATION.
(a) Environmental Remediation Included as Redevelopment Purpose.--
Subparagraph (A) of section 144(c)(3) of the Internal Revenue Code of
1986 (relating to redevelopment purposes) is amended by striking
``and'' at the end of clause (iii), by striking the period at the end
of clause (iv) and inserting ``, and'', and by adding at the end the
following new clause:
``(v) the costs of environmental
remediation (as defined in paragraph (9)(B))
with respect to a qualified contaminated site
(as defined in paragraph (9)(C)) if such costs
are incurred pursuant to an environmental
remediation plan which was approved by the
Administrator of the Environmental Protection
Agency or by the head of any State or local
government agency designated by the
Administrator to carry out the Administrator's
functions under this clause.''.
(b) Certain Requirements not to Apply to Redevelopment Bonds for
Environmental Remediation.--Subsection (c) of section 144 of such Code
is amended by adding at the end the following new paragraph:
``(9) Redevelopment bonds for environmental remediation.--
For purposes of clause (v) of paragraph (3)(A)--
``(A) Certain requirements not to apply.--In the
case of any bond issued as part of an issue 95 percent
or more of the proceeds of which are to finance costs
referred to in paragraph (3)(A)(v)--
``(i) paragraph (2)(A)(i) shall not apply,
``(ii) paragraph (2)(A)(ii) shall not apply
to any issue issued by the governing body
described in paragraph (4)(A) with respect to
the area which includes the site,
``(iii) the requirement of paragraph
(2)(B)(ii) shall be treated as met if--
``(I) the payment of the principal
and interest on such issue is secured
by taxes imposed by a governmental
unit, or
``(II) such issue is approved by
the applicable elected representative
(as defined in section 147(f)(2)(E)) of
the governmental unit which issued such
issue (or on behalf of which such issue
was issued),
``(iv) subparagraphs (C) and (D) of
paragraph (2) shall not apply,
``(v) subparagraphs (C) and (D) of
paragraph (4) shall not apply, and
``(vi) if the real property referred to in
clause (iii) of paragraph (3)(A) is 1 or more
dwelling units, such clause shall apply only if
the requirements of section 142(d) or 143 (as
the case may be) are met with respect to such
units.
``(B) Environmental remediation.--The term
`environmental remediation' means--
``(i) abatement or control of hazardous
substances (as defined by section 101 of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601)),
``(ii) demolition of existing contaminated
structures, permit fees necessary for
remediation, and environmental audits,
``(iii) health assessments or health
effects studies related to the site, and
``(iv) remediation of off-site
contamination caused by activity on the site
(other than remediation activities of a type
permitted for the site).
``(C) Qualified contaminated site.--The term
`qualified contaminated site' means any contaminated
site if--
``(i) the condition of the contaminated
site is such that without funding under this
section redevelopment is unlikely,
``(ii) the contaminated site has not been
in productive use for at least 1 year before
such funding,
``(iii) there is a strong likelihood of
redevelopment of the site for industrial or
commercial use that will result in creation of
jobs and expansion of the tax base, and
``(iv) environmental remediation and
redevelopment are likely to be completed within
a reasonable period of time.''.
(c) Penalty for Failure to Satisfactorily Complete Remediation
Plan.--Subsection (b) of section 150 of such Code is amended by adding
at the end thereof the following new paragraph:
``(7) Qualified contaminated site remediation bonds.--In
the case of financing provided for costs described in section
144(c)(3)(A)(v), no deduction shall be allowed under this
chapter for interest on such financing during any period during
which there is a determination by the Administrator of the
Environmental Protection Agency (or by the head of any State or
local government agency designated by the Administrator to
carry out the Administrator's functions under this paragraph)
that the remediation plan under which such costs were incurred
was not satisfactorily completed.''.
(d) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act. | Amends the Internal Revenue Code to allow the use of tax-exempt redevelopment bonds for the costs of environmental remediation. Defines "environmental remediation" as: (1) abatement or control of hazardous substances; (2) demolition of existing contaminated structures, permit fees necessary for remediation, and environmental audits; (3) health assessments or health effects studies related to a contaminated site; and (4) remediation of off-site contamination caused by activity on a contaminated site. Denies an income tax deduction for interest paid on redevelopment bonds for environmental remediation if the Administrator of the Environmental Protection Agency determines that a remediation plan financed with redevelopment bonds was not satisfactorily completed. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the use of redevelopment bonds for environmental remediation."} | 1,138 | 154 | 0.517637 | 1.519863 | 0.749396 | 3.102362 | 7.905512 | 0.88189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Code Talkers Recognition Act of
2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to require the issuance of medals to
express the sense of Congress that--
(1) the service of Native American code talkers to the
United States deserves immediate recognition for dedication and
valor; and
(2) honoring Native American code talkers is long overdue.
SEC. 3. FINDINGS.
Congress finds that--
(1) when the United States entered World War I, Native
Americans were not accorded the status of citizens of the
United States;
(2) without regard to that lack of citizenship, members of
Indian tribes and nations enlisted in the Armed Forces to fight
on behalf of the United States;
(3) the first reported use of Native American code talkers
was on October 17, 1918;
(4)(A) during World War I, Choctaw code talkers were the
first code talkers who played a role in United States military
operations by transmitting vital communications that helped
defeat German forces in Europe;
(B) because the language used by the Choctaw code talkers
in the transmission of information was not based on a European
language or on a mathematical progression, the Germans were
unable to understand any of the transmissions;
(C) this was the first time in modern warfare that such a
transmission of messages in a native language was used for the
purpose of confusing an enemy;
(5) on December 7, 1941, Japan attacked Pearl Harbor,
Hawaii, and Congress declared war the following day;
(6)(A) the Federal Government called on the Comanche Nation
to support the military effort during World War II by
recruiting and enlisting Comanche men to serve in the Army to
develop a secret code based on the Comanche language;
(B) the Army recruited approximately 50 Native Americans
for special native language communication assignments; and
(C) the Marines recruited several hundred Navajos for duty
in the Pacific region;
(7)(A) during World War II, the United States employed
Native American code talkers who developed secret means of
communication based on native languages and were critical to
winning the war; and
(B) to the frustration of the enemies of the United States,
the code developed by the Native American code talkers proved
to be unbreakable and was used extensively throughout the
European theater;
(8) in 2001, Congress and President Bush honored Navajo
code talkers with congressional gold medals for the
contributions of the code talkers to the United States Armed
Forces as radio operators during World War II;
(9) soldiers from the Assiniboine, Cherokee, Cheyenne,
Chippewa/Oneida, Choctaw, Comanche, Cree, Crow, Hopi, Kiowa,
Menominee, Meskwaki, Mississauga, Muscogee, Osage, Pawnee, Sac
and Fox, Seminole, and Sioux (Lakota and Dakota) Indian tribes
and nations also served as code talkers during World War II;
(10) the heroic and dramatic contributions of Native
American code talkers were instrumental in driving back Axis
forces across the Pacific during World War II; and
(11) Congress should provide to all Native American code
talkers the recognition the code talkers deserve for the
contributions of the code talkers to United States victories in
World War I and World War II.
SEC. 4. DEFINITIONS.
In this Act:
(1) Code talker.--The term ``code talker'' means a Native
American who--
(A) served in the Armed Forces during a foreign
conflict in which the United States was involved; and
(B) during the term of service of the Native
American, participated in communication using a native
language.
(2) Recognized tribe.--The term ``recognized tribe'' means
any of the following Indian tribes (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)):
(A) Assiniboine.
(B) Chippewa and Oneida.
(C) Choctaw.
(D) Comanche.
(E) Cree.
(F) Crow.
(G) Hopi.
(H) Kiowa.
(I) Menominee.
(J) Mississauga.
(K) Muscogee.
(L) Sac and Fox.
(M) Sioux.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 5. CONGRESSIONAL GOLD MEDALS.
(a) Award Authorization.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the award, on behalf of Congress, of gold
medals of appropriate design in recognition of the service of Native
American code talkers of each recognized tribe.
(b) Design and Striking.--
(1) In general.--The Secretary shall strike the gold medals
awarded under subsection (a) with appropriate emblems, devices,
and inscriptions, as determined by the Secretary.
(2) Designs of medals emblematic of tribal affiliation and
participation.--The design of a gold medal under paragraph (1)
shall be emblematic of the participation of the code talkers of
each recognized tribe.
(3) Treatment.--Each medal struck pursuant to this
subsection shall be considered to be a national medal for
purposes of chapter 51 of title 31, United States Code.
(c) Action by Smithsonian Institution.--The Smithsonian
Institution--
(1) shall accept and maintain such gold medals, and such
silver duplicates of those medals, as recognized tribes elect
to send to the Smithsonian Institution;
(2) shall maintain the list developed under section 6(1) of
the names of Native American code talkers of each recognized
tribe; and
(3) is encouraged to create a standing exhibit for Native
American code talkers or Native American veterans.
SEC. 6. NATIVE AMERICAN CODE TALKERS.
The Secretary, in consultation with the Secretary of Defense and
the recognized tribes, shall--
(1)(A) determine the identity, to the maximum extent
practicable, of each Native American code talker of each
recognized tribe;
(B) include the name of each Native American code talker
identified under subparagraph (A) on a list, to be organized by
recognized tribe; and
(C) provide the list, and any updates to the list, to the
Smithsonian Institution for maintenance under section 5(c)(2);
and
(2) determine whether any Indian tribe that is not a
recognized tribe should be eligible to receive a gold medal
under this Act.
SEC. 7. DUPLICATE MEDALS.
(a) Silver Duplicate Medals.--
(1) In general.--The Secretary shall strike duplicates in
silver of the gold medals struck under section 5(b), to be
awarded in accordance with paragraph (2).
(2) Eligibility for award.--
(A) In general.--A Native American shall be
eligible to be awarded a silver duplicate medal struck
under paragraph (1) in recognition of the service of
Native American code talkers of the recognized tribe of
the Native American, if the Native American served in
the Armed Forces as a code talker in any foreign
conflict in which the United States was involved during
the 20th century.
(B) Death of code talker.--In the event of the
death of a Native American code talker who had not been
awarded a silver duplicate medal under this subsection,
the Secretary may award a silver duplicate medal to the
next of kin or other personal representative of the
Native American code talker.
(C) Determination.--Eligibility for an award under
this subsection shall be determined by the Secretary in
accordance with section 6.
(b) Bronze Duplicate Medals.--The Secretary may strike and sell
duplicates in bronze of the gold medals struck under section 5(b), in
accordance with such regulations as the Secretary may prescribe, at a
price sufficient to cover--
(1) the costs of striking the bronze duplicates, including
labor, materials, dyes, use of machinery, and overhead
expenses; and
(2) the costs of striking the silver duplicate and gold
medals under subsection (a) and section 5(b), respectively.
SEC. 8. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There are authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as are necessary to pay for the cost of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 7(b) shall be deposited into the
United States Mint Public Enterprise Fund. | Code Talkers Recognition Act of 2008 - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award of gold medals in recognition of the service of Native American code talkers of specified Indian tribes. Defines "code talker" as a Native American who served in the Armed Forces during a foreign conflict and who participated in miliatary communications using a native language.
Requires the Secretary of the Treasury, in consultation with the Secretary of Defense and Indian tribes, to identify Native American code talkers eligible for a gold medal. | {"src": "billsum_train", "title": "A bill to require the issuance of medals to recognize the dedication and valor of Native American code talkers."} | 1,955 | 133 | 0.533655 | 1.610022 | 0.562309 | 4.186916 | 16.327103 | 0.915888 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rare Earths and
Critical Materials Revitalization Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--RARE EARTH MATERIALS
Sec. 101. Rare earth materials program.
Sec. 102. Rare earth materials loan guarantee program.
TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND
DEVELOPMENT
Sec. 201. Amendments to National Materials and Minerals Policy,
Research and Development Act of 1980.
Sec. 202. Repeal.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate Congressional committees'' means the Committee on
Science and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Energy and Natural Resources of the Senate.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Rare earth materials.--The term ``rare earth
materials'' means any of the following chemical elements in any
of their physical forms or chemical combinations:
(A) Scandium.
(B) Yttrium.
(C) Lanthanum.
(D) Cerium.
(E) Praseodymium.
(F) Neodymium.
(G) Promethium.
(H) Samarium.
(I) Europium.
(J) Gadolinium.
(K) Terbium.
(L) Dysprosium.
(M) Holmium.
(N) Erbium.
(O) Thulium.
(P) Ytterbium.
(Q) Lutetium.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
TITLE I--RARE EARTH MATERIALS
SEC. 101. RARE EARTH MATERIALS PROGRAM.
(a) Establishment of Program.--
(1) In general.--There is established in the Department a
program of research, development, demonstration, and commercial
application to assure the long-term, secure, and sustainable
supply of rare earth materials sufficient to satisfy the
national security, economic well-being, and industrial
production needs of the United States.
(2) Program activities.--The program shall support
activities to--
(A) better characterize and quantify virgin stocks
of rare earth materials using theoretical geochemical
research;
(B) explore, discover, and recover rare earth
materials using advanced science and technology;
(C) improve methods for the extraction, processing,
use, recovery, and recycling of rare earth materials;
(D) improve the understanding of the performance,
processing, and adaptability in engineering designs of
rare earth materials;
(E) identify and test alternative materials that
can be substituted for rare earth materials in
particular applications;
(F) engineer and test applications that--
(i) use recycled rare earth materials;
(ii) use alternative materials; or
(iii) seek to minimize rare earth materials
content;
(G) collect, catalogue, archive, and disseminate
information on rare earth materials, including
scientific and technical data generated by the research
and development activities supported under this
section, and assist scientists and engineers in making
the fullest possible use of the data holdings; and
(H) facilitate information sharing and
collaboration among program participants and
stakeholders.
(3) Improved processes and technologies.--To the maximum
extent practicable, the Secretary shall support new or
significantly improved processes and technologies as compared
to those currently in use in the rare earth materials industry.
(4) Expanding participation.--The Secretary shall
encourage--
(A) multidisciplinary collaborations among program
participants; and
(B) extensive opportunities for students at
institutions of higher education, including
institutions listed under section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) Consistency.--The program shall be consistent with the
policies and programs in the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et
seq.).
(6) International collaboration.--In carrying out the
program, the Secretary may collaborate, to the extent
practicable, on activities of mutual interest with the relevant
agencies of foreign countries with interests relating to rare
earth materials.
(b) Plan.--
(1) In general.--Within 180 days after the date of
enactment of this Act and biennially thereafter, the Secretary
shall prepare and submit to the appropriate Congressional
committees a plan to carry out the program established under
subsection (a).
(2) Specific requirements.--The plan shall include a
description of--
(A) the research and development activities to be
carried out by the program during the subsequent 2
years;
(B) the expected contributions of the program to
the creation of innovative methods and technologies for
the efficient and sustainable provision of rare earth
materials to the domestic economy;
(C) the criteria to be used to evaluate
applications for loan guarantees under section 1706 of
the Energy Policy Act of 2005;
(D) any projects receiving loan guarantee support
under such section and the status of such projects;
(E) how the program is promoting the broadest
possible participation by academic, industrial, and
other contributors; and
(F) actions taken or proposed that reflect
recommendations from the assessment conducted under
subsection (c) or the Secretary's rationale for not
taking action pursuant to any recommendation from such
assessment for plans submitted following the completion
of the assessment under such subsection.
(3) Consultation.--In preparing each plan under paragraph
(1), the Secretary shall consult with appropriate
representatives of industry, institutions of higher education,
Department of Energy national laboratories, professional and
technical societies, and other entities, as determined by the
Secretary.
(c) Assessment.--
(1) In general.--After the program has been in operation
for 4 years, the Secretary shall offer to enter into a contract
with the National Academy of Sciences under which the National
Academy shall conduct an assessment of the program under
subsection (a).
(2) Inclusions.--The assessment shall include the
recommendation of the National Academy of Sciences that the
program should be--
(A) continued, accompanied by a description of any
improvements needed in the program; or
(B) terminated, accompanied by a description of the
lessons learned from the execution of the program.
(3) Availability.--The assessment shall be made available
to Congress and the public upon completion.
SEC. 102. RARE EARTH MATERIALS LOAN GUARANTEE PROGRAM.
(a) Amendment.--Title XVII of the Energy Policy Act of 2005 (42
U.S.C. 16511 et seq.) is amended by adding at the end the following new
section:
``SEC. 1706. TEMPORARY PROGRAM FOR RARE EARTH MATERIALS REVITALIZATION.
``(a) In General.--As part of the program established in section
101 of the Rare Earths and Critical Materials Revitalization Act of
2010, the Secretary is authorized, only to the extent provided in
advance in a subsequent appropriations act, to make guarantees under
this title for the commercial application of new or significantly
improved technologies (compared to technologies currently in use in the
United States at the time the guarantee is issued) for the following
categories of projects:
``(1) The separation and recovery of rare earth materials
from ores or other sources.
``(2) The preparation of rare earth materials in oxide,
metal, alloy, or other forms needed for national security,
economic well-being, or industrial production purposes.
``(3) The application of rare earth materials in the
production of improved--
``(A) magnets;
``(B) batteries;
``(C) refrigeration systems;
``(D) optical systems;
``(E) electronics; and
``(F) catalysis.
``(4) The application of rare earth materials in other
uses, as determined by the Secretary.
``(b) Timeliness.--The Secretary shall seek to minimize delay in
approving loan guarantee applications, consistent with appropriate
protection of taxpayer interests.
``(c) Cooperation.--To the maximum extent practicable, the
Secretary shall cooperate with appropriate private sector participants
to achieve a complete rare earth materials production capability in the
United States within 5 years after the date of enactment of the Rare
Earths and Critical Materials Revitalization Act of 2010.
``(d) Domestic Supply Chain.--In support of the objective in
subsection (c) to achieve a rare earth materials production capability
in the United States that includes the complete value chain described
in paragraphs (1) through (4) of subsection (a), the Secretary may not
award a guarantee for a project unless the project's proponent provides
to the Secretary an assurance that the loan or guarantee shall be used
to support the separation, recovery, preparation, or manufacturing of
rare earth materials in the United States for customers within the
United States unless insufficient domestic demand for such materials
results in excess capacity.
``(e) Sunset.--The authority to enter into guarantees under this
section shall expire on September 30, 2015.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 2005 is amended by inserting after the item
relating to section 1705 the following new item:
``Sec. 1706. Temporary program for rare earth materials
revitalization.''.
TITLE II--NATIONAL MATERIALS AND MINERALS POLICY, RESEARCH, AND
DEVELOPMENT
SEC. 201. AMENDMENTS TO NATIONAL MATERIALS AND MINERALS POLICY,
RESEARCH AND DEVELOPMENT ACT OF 1980.
(a) Program Plan.--Section 5 of the National Materials and Minerals
Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is
amended--
(1) by striking ``date of enactment of this Act'' each
place it appears and inserting ``date of enactment of the Rare
Earths and Critical Materials Revitalization Act of 2010'';
(2) in subsection (b), by striking ``Federal Coordinating
Council for Science, Engineering, and Technology'' and
inserting ``National Science and Technology Council,'';
(3) in subsection (c)--
(A) by striking ``the Federal Emergency'' and all
that follows through ``Agency, and'';
(B) by striking ``appropriate shall'' and inserting
``appropriate, shall'';
(C) by striking paragraph (1);
(D) in paragraph (2), by striking ``in the case''
and all that follows through ``subsection,'';
(E) by redesignating paragraph (2) as paragraph
(1); and
(F) by amending paragraph (3) to read as follows:
``(2) assess the adequacy, accessibility, and stability of
the supply of materials necessary to maintain national
security, economic well-being, and industrial production.'';
(4) by striking subsections (d) and (e); and
(5) by redesignating subsection (f) as subsection (d).
(b) Policy.--Section 3 of such Act (30 U.S.C. 1602) is amended--
(1) by striking ``The Congress declares that it'' and
inserting ``It''; and
(2) by striking ``The Congress further declares that
implementation'' and inserting ``Implementation''.
(c) Implementation.--Section 4 of such Act (30 U.S.C. 1603) is
amended--
(1) by striking ``For the purpose'' and all that follows
through ``declares that the'' and inserting ``The''; and
(2) by striking ``departments and agencies,'' and inserting
``departments and agencies to implement the policies set forth
in section 3''.
SEC. 202. REPEAL.
Title II of Public Law 98-373 (30 U.S.C. 1801 et seq.; 98 Stat.
1248), also known as the National Critical Materials Act of 1984, is
repealed.
Passed the House of Representatives September 29, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Rare Earths and Critical Materials Revitalization Act of 2010 - Title I: Rare Earth Materials - (Sec. 101) Establishes in the Department of Energy (DOE) a research, development, and commercial application program to assure the long-term, secure, and sustainable supply of specified rare earth materials to satisfy the national security, economic well-being, and industrial production needs of the United States.
Directs the Secretary of Energy (Secretary) to: (1) support new or significantly improved processes and technologies (as compared to those currently in use in the rare earth materials industry); (2) encourage multidisciplinary collaborations and opportunities for students at institutions of higher education; (3) collaborate with relevant agencies of foreign countries with interests relating to rare earth materials; and (4) submit an implementation plan to Congress.
Requires the Secretary to offer to contract with the National Academy of Sciences for an assessment of the program after it has been in operation for four years.
(Sec. 102) Amends the Energy Policy Act of 2005 to authorize the Secretary through FY 2015, only to the extent provided in advance in a subsequent appropriations Act, to make loan guarantee commitments for the commercial application of new or significantly improved technologies for specified categories of projects, including: (1) separation and recovery of rare earth materials from ores or other sources; (2) preparation of rare earth materials in oxide, metal, alloy, or other forms needed for national security, economic well-being, or industrial production purposes; and (3) application of rare earth materials in the production of improved magnets, batteries, refrigeration systems, optical systems, electronics, and catalysis, among other uses.
Directs the Secretary to cooperate with appropriate private sector participants to achieve a complete rare earth materials production capability in the United States within five years after enactment of this Act.
Prohibits the Secretary from awarding a loan guarantee for a project unless the project's proponent provides assurances that the loan or guarantee shall be used to support the separation, recovery, preparation, or manufacturing of rare earth materials in the United States for customers within the United States, unless insufficient domestic demand for such materials results in excess capacity.
Title II: National Materials and Minerals Policy, Research, and Development - (Sec. 201) Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to: (1) instruct the Director of the Office of Science and Technology Policy to coordinate federal materials research and development through the National Science and Technology Council (instead of the Federal Coordinating Council for Science, Engineering, and Technology, which is now defunct); and (2) repeal specified reporting and action requirements for the Secretaries of Defense and of the Interior, respectively.
(Sec. 202) Repeals the National Critical Materials Act of 1984. | {"src": "billsum_train", "title": "To develop a rare earth materials program, to amend the National Materials and Minerals Policy, Research and Development Act of 1980, and for other purposes."} | 2,756 | 592 | 0.611105 | 1.92945 | 0.66104 | 4.958106 | 4.56102 | 0.939891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Healthcare Relief Act
of 2014''.
SEC. 2. PERMITTING SMALL BUSINESSES TO USE PRE-TAX DOLLARS FOR
ASSISTANCE TO EMPLOYEES PURCHASING POLICIES IN INDIVIDUAL
MARKET.
(a) In General.--Section 106 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Pre-Tax Dollars for Qualified Health Plans.--
``(1) In general.--Amounts paid by an eligible small
employer on behalf of an employee of the employer for premiums
for a qualified health plan (as defined in section 1301 of the
Patient Protection and Affordable Care Act)--
``(A) which covers the employee, employee's spouse,
or any dependent of the employee, and
``(B) which is offered in the individual market
within a State,
shall be treated as employer-provided coverage for medical
expenses under an accident or health plan and shall not be
considered a group health plan for purposes of section 9815.
``(2) Eligible small employer.--For purposes of this
subsection and subsection (f), the term `eligible small
employer' means an employer who--
``(A) is not an applicable large employer (as
defined in section 4980H(c)(2)(A)), and
``(B) does not offer its employees any group health
plan other than an arrangement described in paragraph
(1) or subsection (f).
``(3) Certain controlled groups.--All employees who are
treated as employed by a single employer under subsection (b),
(c), or (m) of section 414 shall be treated as employed by a
single employer for purposes of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 3. STANDALONE HEALTH REIMBURSEMENT ARRANGEMENTS.
(a) In General.--Section 106 of the Internal Revenue Code is
amended Code of 1986 is amended by adding at the end the following new
subsection:
``(f) Qualified Health Reimbursement Arrangements.--
``(1) In general.--Amounts paid by an eligible small
employer on behalf of an employee of the employer to a
qualified health reimbursement arrangement shall be treated as
employer-provided coverage for medical expenses under an
accident or health plan and shall not be considered a group
health plan for purposes of section 9815.
``(2) In general.--For purposes of this subsection, the
term `qualified health reimbursement arrangement' means an
arrangement--
``(A) under which the employee may be reimbursed--
``(i) for premiums for a qualified health
plan (as defined in section 1301 of the Patient
Protection and Affordable Care Act) which
covers the employee, employee's spouse, or any
dependent of the employee, and is offered in
the individual market within a State, and
``(ii) for expenses incurred for medical
care (as defined in section 213(d)) of the
employee, the employee's spouse, or any such
dependent of the employee,
``(B) which is provided by an eligible small
employer, and
``(C) under which contributions by the employer
with respect to an employee for the taxable year are
not in excess of the dollar amount in effect under
section 125(i) for such taxable year (200 percent of
such amount in the case of family coverage).
``(3) Certain controlled groups.--All employees who are
treated as employed by a single employer under subsection (b),
(c), or, (m) of section 414 shall be treated as employed by a
single employer for purposes of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013.
SEC. 4. NO SUBSIDIES ALLOWED WITH RESPECT TO HEALTH PLAN ACQUIRED
THROUGH PRE-TAX DOLLARS FOR QUALIFIED HEALTH PLAN OR
QUALIFIED HEALTH REIMBURSEMENT ARRANGEMENT.
(a) Coordination With Premium Credit and Reduced Cost-Sharing.--
Section 36B(c)(2)(B) of such Code is amended by adding at the end the
following new clause:
``(iii) Pre-tax dollars for a qualified
health plan and qualified health reimbursement
arrangements.--The term `coverage month' shall
not include any month during which an
individual is covered under a qualified health
plan any premiums for which were reimbursed
under an arrangement described in section
106(e) (relating to pre-tax dollars for a
qualified health plan), or under a qualified
health reimbursement arrangement (as defined in
section 106(f)), during a calendar year which
includes such month.''.
(b) Effective Date.--The amendment made by this section shall apply
to months beginning after December 31, 2013.
SEC. 5. PRE-TAX DOLLARS FOR A QUALIFIED HEALTH PLAN AND QUALIFIED
HEALTH REIMBURSEMENT ARRANGEMENTS EXCEPTED FROM GROUP
HEALTH PLAN REQUIREMENTS.
(a) In General.--Section 9832(c)(1) of such Code is amended by
redesignating subparagraph (H) as subparagraph (J) and by inserting
after subparagraph (G) the following new subparagraphs:
``(H) An arrangement described in section 106(e)
(relating to pre-tax dollars for a qualified health
plan).
``(I) Qualified health reimbursement arrangement
(as defined in section 106(f)).''.
(b) Effective Date.--The amendment made by this section shall apply
to plan years beginning after December 31, 2013. | Small Business Healthcare Relief Act of 2014 - Amends the Internal Revenue Code to treat employer payments for employee health care premiums and for amounts paid on behalf of an employee to a health reimbursement arrangement as medical expenses under an accident or health plan and thus excludible from gross income for income tax purposes. | {"src": "billsum_train", "title": "Small Business Healthcare Relief Act of 2014"} | 1,344 | 65 | 0.559944 | 1.294361 | 0.791754 | 2.517857 | 20.196429 | 0.839286 |
SECTION 1. USE OF LAND; FEE AUTHORITY.
(a) Authority.--
(1) In general.--The Secretary of the Interior (referred to
in this Act as the ``Secretary'') may permit the use of land
and facilities in units administered by the Secretary for--
(A) motion picture production;
(B) television production;
(C) soundtrack production;
(D) the production of an advertisement using a prop
or a model; or
(E) any similar commercial project.
(2) Exception.--The Secretary shall not permit a use of
land or a facility described in paragraph (1) if the Secretary
determines that a proposed use--
(A) is not appropriate; or
(B) will impair the value or resources of the land
or facility.
(3) Bonding and insurance.--The Secretary may require a
bond, insurance, or such other means as is necessary to protect
the interests of the United States in connection with an
activity conducted under a permit issued under this Act.
(b) Fees.--
(1) In general.--For any use of land or a facility in a
unit described in subsection (a), the Secretary shall assess--
(A) a reimbursement fee; and
(B) a special use fee.
(2) Reimbursement fee.--
(A) In general.--The Secretary shall require the
payment of a reimbursement fee in an amount that is not
less than the amount of any direct and indirect costs
to the Government incurred--
(i) in processing the application for a
permit for a use of land or facilities; and
(ii) as a result of the use of land and
facilities under the permit, including any
necessary costs of cleanup and restoration.
(B) Funds collected.--An amount equal to the amount
of a reimbursement fee collected under this
subparagraph shall--
(i) be retained by the Secretary; and
(ii) be available for use by the Secretary,
without further Act of appropriation, in the
unit in which the reimbursement fee is
collected.
(3) Special use fee.--
(A) Factors in determining special use fee.--To
determine the amount of a special use fee, the
Secretary shall establish a schedule of rates
sufficient to provide a fair return to the Government,
based on factors such as--
(i) the number of people on site under a
permit;
(ii) the duration of activities under a
permit;
(iii) the conduct of activities under a
permit in any area designated by a statute or
regulation as a special use area, including a
wilderness or research natural area;
(iv) the amount of equipment on site under
a permit; and
(v) any disruption of normal park function
or accessibility, including temporary closure
of land or a facility to the public.
(B) Funds collected.--A special use fee under this
subparagraph shall be distributed as follows:
(i) 80 percent shall be deposited in a
special account in the Treasury, and shall be
available, without further Act of
appropriation, for use by the supervisors of
units where the fee was collected.
(ii) 20 percent shall be deposited in a
special account in the Treasury, and shall be
available, without further Act of
appropriation, for use by supervisors of units
in the region where the fee was collected.
(4) Exceptions.--
(A) Fee waiver or reduction.--The Secretary may
waive a special use fee or charge a reduced special use
fee if the activity for which the fee is charged
provides clear educational or interpretive benefits for
the Department of the Interior or the public.
(B) Regular visitor entrance fee.--Nothing in this
subsection affects the requirement that, in addition to
fees under subparagraph (A), each individual entering a
unit for purposes described in subsection (a) shall pay
any regular visitor entrance fee charged to visitors to
the unit.
(c) Regulations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations that establish a schedule of rates for fees
collected under subsection (b) based on factors listed in
subsection (b)(2)(C)(ii).
(2) Review of regulations.--
(A) Initial review.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
review and, as appropriate, revise the regulations
promulgated under this subsection.
(B) Continuing review.--After the date of
promulgation of regulations under subparagraph (A), the
Secretary shall periodically review the regulations and
make necessary revisions.
(d) Applicability of Regulations.--
(1) Prohibition on certain fees.--The prohibition on fees
set forth in section 5.1(b)(1) of title 43, Code of Federal
Regulations, shall cease to apply beginning on the effective
date of regulations promulgated under this Act.
(2) Effect on other regulations.--Nothing in this Act,
other than paragraph (1), affects the regulations set forth in
part 5 of title 43, Code of Federal Regulations.
(e) Civil Penalty.--
(1) In general.--A person that violates any regulation
promulgated under this Act, or conducts or attempts to conduct
an activity under subsection (a)(1) without obtaining a permit
or paying a fee, shall be assessed a civil penalty--
(A) for the first violation, in the amount that is
equal to twice the amount of the fees charged (or fees
that would have been charged) under subsection (b)(2);
(B) for the second violation, in the amount that is
equal to 5 times the amount of the fees charged (or
fees that would have been charged) under subsection
(b)(2); and
(C) for the third and each subsequent violation, in
the amount that is equal to 10 times the amount of the
fees charged (or fees that would have been charged)
under subsection (b)(2).
(2) Costs.--A person that violates this Act or any
regulation promulgated under this Act shall be required to pay
all costs of any proceedings instituted to enforce this
subsection.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
Act and the regulations promulgated under this Act take effect
180 days after the date of enactment of this Act.
(2) Exception.--This subsection and the authority of the
Secretary to promulgate regulations under subsection (c) take
effect on the date of enactment of this Act. | Authorizes the Secretary of the Interior to permit the use of Department of the Interior lands for the production of motion pictures, television, soundtracks, advertisements, or any similar commercial project, except when such use is not appropriate or will impair the value or resources of the land or facility. Directs the Secretary to establish a schedule of, and assess, reimbursement fees and special use fees for such use which shall be allocated for units where the fees were collected and units in the same region. | {"src": "billsum_train", "title": "A bill to provide for the collection of fees for the making of motion pictures, television productions, and sound tracks in units of the Department of the Interior, and for other purposes."} | 1,443 | 102 | 0.600334 | 1.608485 | 0.678064 | 2.568421 | 13.947368 | 0.863158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Complete America's Great Trails
Act''.
SEC. 2. NATIONAL SCENIC TRAIL CONSERVATION CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30E. NATIONAL SCENIC TRAIL CONSERVATION CREDIT.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the fair market value of any National Scenic Trail
conservation contribution of the taxpayer for the taxable year.
``(b) National Scenic Trail Conservation Contribution.--For
purposes of this section--
``(1) In general.--The term `National Scenic Trail
conservation contribution' means any qualified conservation
contribution--
``(A) to the extent the qualified real property
interest with respect to such contribution includes a
National Scenic Trail (or portion thereof) and its
trail corridor, and
``(B) with respect to which the taxpayer makes an
election under this section.
``(2) National scenic trail.--The term `National Scenic
Trail' means any trail authorized and designated under section
5 of the National Trails System Act (16 U.S.C. 1244), but only
if such trail is at least 200 miles in length.
``(3) Trail corridor.--The term `trail corridor' means so
much of the corridor of a trail as is--
``(A) not less than--
``(i) 150 feet wide on each side of such
trail, or
``(ii) in the case of an interest in real
property of the taxpayer which includes less
than 150 feet on either side of such trail, the
entire distance with respect to such interest
on such side, and
``(B) not greater than 2,640 feet wide.
``(4) Qualified conservation contribution; qualified real
property interest.--The terms `qualified conservation
contribution' and `qualified real property interest' have the
respective meanings given such terms by section 170(h), except
that a qualified real property interest shall include the
entire interest of the taxpayer in real property.
``(c) Special Rules.--
``(1) Fair market value.--Fair market value of any National
Scenic Trail conservation contribution shall be determined
under rules similar to the valuation rules under Treasury
Regulations under section 170, except that in any case, to the
extent practicable, fair market value shall be determined by
reference to the highest and best use of the real property with
respect to such contribution.
``(2) Election irrevocable.--An election under this section
may not be revoked.
``(3) Denial of double benefit.--No deduction shall be
allowed under this chapter with respect to any qualified
conservation contribution with respect to which an election is
made under this section.
``(d) Limitation Based on Amount of Tax; Carryforward of Unused
Credit.--
``(1) Limitation.--The credit allowed under subsection (a)
for any taxable year shall not exceed the sum of--
``(A) the taxpayer's regular tax liability for the
taxable year reduced by the sum of the credits
allowable under subpart A and sections 27, 30, 30B,
30C, and 30D, plus
``(B) the tax imposed by section 55.
``(2) Carryforward.--
``(A) In general.--If the credit allowable under
subsection (a) exceeds the limitation imposed by
paragraph (1) for any taxable year, such excess shall
be carried to the succeeding taxable year and added to
the credit allowable under subsection (a) for such
succeeding taxable year.
``(B) Limitation.--No credit may be carried forward
under this subsection to any taxable year following the
tenth taxable year after the taxable year in which the
credit arose. For purposes of the preceding sentence,
credits shall be treated as used on a first-in first-
out basis.''.
(b) Continued Use Not Inconsistent With Conservation Purposes.--A
contribution of an interest in real property shall not fail to be
treated as a National Scenic Trail conservation contribution (as
defined in section 30E(b) of the Internal Revenue Code of 1986) solely
by reason of continued use of the real property, such as for
recreational or agricultural use (including motor vehicle use related
thereto), if, under the circumstances, such use does not impair
significant conservation interests and is not inconsistent with the
purposes of the National Trails System Act (16 U.S.C. 1241, et seq.).
(c) Study Regarding Efficacy of National Scenic Trail Conservation
Credit.--
(1) In general.--The Secretary of the Interior shall, in
consultation with the Secretary of the Treasury, study--
(A) the efficacy of the National Scenic Trail
conservation credit under section 30E of the Internal
Revenue Code of 1986 in completing, extending, and
increasing the number of National Scenic Trails (as
defined in section 30E(b) of such Code), and
(B) the feasibility and estimated costs and
benefits of--
(i) making such credit refundable (in whole
or in part), and
(ii) allowing transfer of such credit.
(2) Report.--Not later than 4 years after the date of the
enactment of this Act, the Secretary of the Interior shall
submit a report to Congress on the results of the study
conducted under this subsection.
(d) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``30E. National Scenic Trail conservation credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act. | Complete America's Great Trails Act - Amends the Internal Revenue Code to allow a tax credit for the fair market value of any National Scenic Trail conservation contribution. Requires the Secretary of the Interior to study and report to Congress on the efficacy of such tax credit in completing, extending, and increasing the number of National Scenic Trails. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified conservation contributions which include National Scenic Trails."} | 1,358 | 82 | 0.579538 | 1.346102 | 0.429333 | 4.222222 | 19.142857 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public-Private Cybersecurity
Cooperation Act''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY DISCLOSURE OF SECURITY
VULNERABILITIES.
(a) Definitions.--In this section:
(1) Appropriate information system.--The term ``appropriate
information system'' means an information system that the
Secretary of Homeland Security selects for inclusion under the
vulnerability disclosure policy required by subsection (b).
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Information system.--The term ``information system''
has the meaning given that term by section 3502(12) of title
44, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Security vulnerability.--The term ``security
vulnerability'' has the meaning given that term in section
102(17) of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501(17)), in information technology.
(b) Vulnerability Disclosure Policy.--The Secretary shall establish
a policy applicable to individuals, organizations, and companies that
report security vulnerabilities on appropriate information systems of
Department. Such policy shall include each of the following:
(1) The appropriate information systems of the Department
that individuals, organizations, and companies may use to
discover and report security vulnerabilities on appropriate
information systems.
(2) The conditions and criteria under which individuals,
organizations, and companies may operate to discover and report
security vulnerabilities.
(3) How individuals, organizations, and companies may
disclose to the Department security vulnerabilities discovered
on appropriate information systems of the Department.
(4) The ways in which the Department may communicate with
individuals, organizations, and companies that report security
vulnerabilities.
(5) The process the Department shall use for public
disclosure of reported security vulnerabilities.
(c) Remediation Process.--The Secretary shall develop a process for
the Department to address the mitigation or remediation of the security
vulnerabilities reported through the policy developed in subsection
(b).
(d) Consultation.--
(1) In general.--In developing the security vulnerability
disclosure policy under subsection (b), the Secretary shall
consult with each of the following:
(A) The Attorney General regarding how to ensure
that individuals, organizations, and companies that
comply with the requirements of the policy developed
under subsection (b) are protected from prosecution
under section 1030 of title 18, United States Code,
civil lawsuits, and similar provisions of law with
respect to specific activities authorized under the
policy.
(B) The Secretary of Defense and the Administrator
of General Services regarding lessons that may be
applied from existing vulnerability disclosure
policies.
(C) Non-governmental security researchers.
(2) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any
consultation under this section.
(e) Public Availability.--The Secretary shall make the policy
developed under subsection (b) publicly available.
(f) Submission to Congress.--
(1) Disclosure policy and remediation process.--Not later
than 90 days after the date of enactment of this Act, the
Secretary shall submit to Congress a copy of the policy
required under subsection (b) and the remediation process
required under subsection (c).
(2) Report and briefing.--
(A) Report.--Not later than 1 year after
establishing the policy required under subsection (b),
the Secretary shall submit to Congress a report on such
policy and the remediation process required under
subsection (c).
(B) Annual briefings.--One year after the date of
the submission of the report under subparagraph (A),
and annually thereafter for each of the next 3 years,
the Secretary shall provide to Congress a briefing on
the policy required under subsection (b) and the
process required under subsection (c).
(C) Matters for inclusion.--The report required
under subparagraph (A) and the briefings required under
subparagraph (B) shall include each of the following
with respect to the policy required under subsection
(b) and the process required under subsection (c) for
the period covered by the report or briefing, as the
case may be:
(i) The number of unique security
vulnerabilities reported.
(ii) The number of previously unknown
security vulnerabilities mitigated or
remediated.
(iii) The number of unique individuals,
organizations, and companies that reported
security vulnerabilities.
(iv) The average length of time between the
reporting of security vulnerabilities and
mitigation or remediation of such
vulnerabilities. | Public-Private Cybersecurity Cooperation Act This bill directs the Department of Homeland Security (DHS) to: (1) establish a policy applicable to individuals and entities that reports security vulnerabilities on DHS public websites, (2) develop a process for mitigation or remediation of security vulnerabilities that are reported, (3) consult with specified federal departments and nongovernmental security researchers in developing the policy, and (4) submit the policy and the remediation process to Congress. DHS must make such policy publicly available. | {"src": "billsum_train", "title": "Public-Private Cybersecurity Cooperation Act"} | 987 | 102 | 0.571747 | 1.462978 | 1.250117 | 2.242105 | 9.905263 | 0.873684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Service Fairness Act of
2003''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Consumers living in rural, insular, and high cost areas
should have access to universal services at affordable rates.
(2) Under the Federal Communication Commission's high cost
support program for certain carriers, two states receive
approximately 70 percent of the Federal support, while 42
states receive no support.
(3) Calculating Federal universal service support
exclusively on a statewide average basis improperly places
responsibility on most State governments to support high cost
areas with minimal assistance from the Federal Government.
(4) Federal universal service support should be calculated
and targeted to small geographic regions within a State to
provide greater assistance to the rural consumers most in need
of support.
(5) Federal and State support mechanisms for high cost
areas must be reviewed to determine the extent to which high
cost support reform is necessary.
(b) Purposes.--It is therefore the purpose of this Act to provide
Federal universal service support to consumers living in rural,
insular, and high cost areas by--
(1) spreading the benefits of the existing Federal support
mechanism more equitably across the nation;
(2) facilitating removal of implicit State support; and
(3) ensuring that the Federal Communications Commission
develops a Federal support mechanism that will promote rate
comparability between rural and urban areas.
SEC. 3. ELIGIBILITY FOR UNIVERSAL SERVICE SUPPORT FOR HIGH COST AREAS.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended by adding at the end the following new subsection:
``(m) Universal Service Support for High Cost Areas.--
``(1) Calculating support.--In calculating Federal
universal service support for eligible telecommunications
carriers that serve rural, insular, and high cost areas, the
Commission shall, subject to the provisions of paragraphs (2)
and (3), revise the Commission's support mechanism for high
cost areas to provide support to each wire center in which the
incumbent local exchange carrier's average cost per line for
such wire center exceeds 3.75 times the national average cost
per line.
``(2) Hold harmless support.--In implementing this
subsection, the Commission shall provide support for each State
equal to the greater of--
``(A) the amount calculated under the Commission's
support mechanism for high cost areas as in effect on
the date of the enactment of this subsection; or
``(B) the amount calculated pursuant to paragraph
(1).
``(3) Limitation on support to be provided.--
Notwithstanding paragraph (2)--
``(A) no State shall receive support that exceeds 5
percent of the total support calculated under the
Commission's support mechanism for high cost areas as
in effect on such date of enactment; and
``(B) the total amount of support for all States
shall not exceed the total support calculated under the
Commission's support mechanism for high cost areas as
in effect on such date of enactment.
The limitations in subparagraphs (A) and (B) shall not be
construed to preclude fluctuations in support on the basis of
changes in the data used to make such calculations.
``(4) Implementation.--Not later than 180 days after the
date of the enactment of this subsection, the Commission shall
complete the actions (including prescribing or amending
regulations) necessary to implement the requirements of this
subsection.
``(5) Definition.--For purposes of this subsection, the
term `Commission's support mechanism for high cost areas' means
section 54.309 of the Commission's regulations (47 CFR 54.309),
and regulations referred to in such section.''.
SEC. 4. GAO REPORT ON NEED TO REFORM HIGH COST SUPPORT MECHANISM.
Not later than one year after the date of enactment of this Act,
the Comptroller General shall report to Congress on the need to reform
the high cost support mechanism for rural, insular, and high cost
areas. As part of this report, the General Accounting Office shall
provide an overview and discuss whether--
(1) existing Federal and State high cost support mechanisms
ensure rate comparability between urban and rural areas;
(2) the Federal Communications Commission and the States
have taken the necessary steps to remove implicit support;
(3) the existing high cost support mechanism has affected
the development of local competition in urban and rural areas;
and
(4) amendments to section 254 of such Act are necessary to
preserve and advance universal service.
SEC. 5. NO EFFECT ON RURAL TELEPHONE COMPANIES.
Nothing in this Act shall be construed to affect the support
provided to an eligible telecommunications carrier under section 214(e)
of the Communications Act of 1934 (47 U.S.C. 214(e)) that is a rural
telephone company (as defined in section 3 of such Act (47 U.S.C.
153)). | Universal Service Fairness Act of 2003 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), in calculating Federal universal service support for eligible telecommunications carriers that serve rural, insular, and high cost areas, to revise its support mechanism for high cost areas to provide support to each wire center in which the incumbent local exchange carrier's average cost per line for such center exceeds 3.75 times the national average cost per line. Requires the FCC to provide support for each State equal to the greater of the amount calculated under the FCC's current support mechanism for high cost areas or the amount calculated above. Limits per State support and total support for all States.Requires the Comptroller General to report to Congress on the need to reform the high cost support mechanism for rural, insular, and high cost areas.States that nothing in this Act shall affect the support provided to rural telephone companies. | {"src": "billsum_train", "title": "To equitably distribute universal service support throughout rural America, and for other purposes."} | 1,091 | 207 | 0.72796 | 1.971187 | 0.86266 | 5.689655 | 5.862069 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Auction Reform Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Circumstances in the telecommunications market have
changed dramatically since the auctioning of spectrum in the
700 megahertz band was originally mandated by Congress in 1997,
raising serious questions as to whether the original deadlines,
or the subsequent revision of the deadlines, are consistent
with sound telecommunications policy and spectrum management
principles.
(2) No comprehensive plan yet exists for allocating
additional spectrum for third-generation wireless and other
advanced communications services. The Federal Communications
Commission should have the flexibility to auction frequencies
in the 700 megahertz band for such purposes.
(3) The study being conducted by the National
Telecommunications and Information Administration in
consultation with the Department of Defense to determine
whether the Department of Defense can share or relinquish
additional spectrum for third-generation wireless and other
advanced communications services will not be completed until
after the June 19th auction date for the upper 700 megahertz
band, and long after the applications must be filed to
participate in the auction, thereby creating further
uncertainty as to whether the frequencies in the 700 megahertz
band will be put to their highest and best use for the benefit
of consumers.
(4) The Federal Communications Commission is also in the
process of determining how to resolve the interference problems
that exist in the 800 megahertz band, especially for public
safety. One option being considered for the 800 megahertz band
would involve the 700 megahertz band. The Commission should not
hold the 700 megahertz auction before the 800 megahertz
interference issues are resolved or a tenable plan has been
conceived.
(5) The 700 megahertz band is currently occupied by
television broadcasters, and will be so until the transfer to
digital television is completed. This situation creates a
tremendous amount of uncertainty concerning when the spectrum
will be available and reduces the value placed on the spectrum
by potential bidders. The encumbrance of the 700 megahertz band
reduces both the amount of money that the auction would be
likely to produce and the probability that the spectrum would
be purchased by the entities that valued the spectrum the most
and would put the spectrum to its most productive use.
(6) The Commission's rules governing voluntary mechanisms
for vacating the 700 megahertz band by broadcast stations--
(A) produced no certainty that the band would be
available for advanced mobile communications services,
public safety operations, or other wireless services
any earlier than the existing statutory framework
provides; and
(B) should advance the transition of digital
television and must not result in the unjust enrichment
of any incumbent licensee.
SEC. 3. REPEAL OF DEADLINES FOR SPECTRUM AUCTIONS.
(a) Communications Act of 1934.--Section 309(j)(14)(C)(ii) of the
Communications Act of 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is amended by
striking the second sentence.
(b) Balanced Budget Act of 1997.--Section 3007 of the Balanced
Budget Act of 1997 (111 Stat. 269) is amended by adding at the end the
following new sentence: ``This section shall not apply to the band of
frequencies between 698 and 806 megahertz, inclusive.''.
(c) Consolidated Appropriations Act.--Paragraphs (2) and (3) of
section 213(a) of H.R. 3425 of the 106th Congress, as enacted into law
by section 1000(a)(5) of an Act making consolidated appropriations for
the fiscal year ending September 30, 2000, and for other purposes
(Public Law 106-113; 113 Stat. 1501A-295), are repealed.
SEC. 4. TERMINATION OF SCHEDULED AUCTIONS.
(a) Termination.--The Federal Communications Commission shall not
commence or conduct auctions 31 and 44 on June 19, 2002, as specified
in the public notices of March 19, 2002, and March 20, 2002 (DA 02-659
and DA 02-563).
(b) Report.--Within one year after the date of enactment of this
Act, the Commission shall submit a report to the Congress--
(1) specifying when the Commission intends to reschedule
auctions 31 and 44; and
(2) describing the progress made by the Commission in the
digital television transition and in the assignment and
allocation of additional spectrum for advanced mobile
communications services that warrants the scheduling of such
auctions. | Auction Reform Act of 2002 - Amends the Communications Act of 1934, the Balanced Budget Act of 1997, and other Federal law to repeal current deadlines for licenses for and auctioning of electromagnetic spectrum used by analog television broadcasters (which includes spectrum in the general 700 megahertz range). Prohibits the Federal Communications Commission (FCC) from commencing or conducting spectrum auctions 31 and 44, currently scheduled for June 19, 2002.Requires the FCC to report to Congress: (1) specifying when it intends to reschedule such auctions; and (2) describing progress made in the transition from analog to digital television and in the assignment and allocation of additional spectrum for advanced mobile communications services that warrants the scheduling of such auctions. | {"src": "billsum_train", "title": "A bill to eliminate the deadlines for spectrum auctions of spectrum previously allocated to television broadcasting."} | 998 | 162 | 0.544078 | 1.546307 | 0.674684 | 2.791045 | 6.567164 | 0.850746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Abuse Reduction Act of
2013''.
SEC. 2. PLEADING REQUIREMENTS.
(a) In General.--Chapter 29 of title 35, United States Code, is
amended by inserting after section 281 the following:
``Sec. 281A. Pleading requirements for patent infringement actions
``In a civil action arising under any Act of Congress relating to
patents, a party alleging infringement shall include in the initial
complaint, counterclaim, or cross-claim for patent infringement--
``(1) an identification of each patent allegedly infringed;
``(2) an identification of each claim of each patent
identified under paragraph (1) that is allegedly infringed;
``(3) for each claim identified under paragraph (2), an
identification of each accused apparatus, product, feature,
device, method, system, process, function, act, service, or
other instrumentality (referred to in this section as an
`accused instrumentality') alleged to infringe the claim;
``(4) for each accused instrumentality identified under
paragraph (3), an identification with particularity, if known,
of--
``(A) the name or model number of each accused
instrumentality; and
``(B) the name of each accused method, system,
process, function, act, or service, or the name or
model number of each apparatus, product, feature, or
device that, when used, allegedly results in the
practice of the claimed invention;
``(5) for each accused instrumentality identified under
paragraph (3), an explanation of--
``(A) where each element of each asserted claim
identified under paragraph (2) is found within the
accused instrumentality;
``(B) whether each such element is infringed
literally or under the doctrine of equivalents; and
``(C) with detailed specificity, how the terms in
each asserted claim identified under paragraph (2)
correspond to the functionality of the accused
instrumentality;
``(6) for each claim that is alleged to have been infringed
indirectly, a description of--
``(A) the direct infringement;
``(B) any person alleged to be a direct infringer
known to the party alleging infringement; and
``(C) the acts of the alleged indirect infringer
that contribute to or are inducing the direct
infringement;
``(7) a description of the right of the party alleging
infringement to assert each--
``(A) patent identified under paragraph (1); and
``(B) patent claim identified in paragraph (2);
``(8) a description of the principal business of the party
alleging infringement;
``(9) a list of each complaint filed, of which the party
alleging infringement has knowledge, that asserts or asserted
any of the patents identified under paragraph (1);
``(10) for each patent identified under paragraph (1),
whether such patent is subject to any licensing term or pricing
commitments through any agency, organization, standard-setting
body, or other entity or community;
``(11) the identity of any person other than the party
alleging infringement, known to the party alleging
infringement, who--
``(A) owns or co-owns a patent identified under
paragraph (1);
``(B) is the assignee of a patent identified under
paragraph (1); or
``(C) is an exclusive licensee to a patent
identified under paragraph (1);
``(12) the identity of any person other than the party
alleging infringement, known to the party alleging
infringement, who has a legal right to enforce a patent
identified under paragraph (1) through a civil action under any
Act of Congress relating to patents or is licensed under such
patent;
``(13) the identity of any person with a direct financial
interest in the outcome of the action, including a right to
receive proceeds, or any fixed or variable portion thereof; and
``(14) a description of any agreement or other legal basis
for a financial interest described in paragraph (13).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 29 of title 35, United States Code, is amended by inserting
after the item relating to section 281 the following:
``281A. Pleading requirements for patent infringement actions.''.
(c) Review of Form 18.--Not later than 12 months after the date of
enactment of this Act, the Supreme Court shall review and amend Form 18
of the Federal Rules of Civil Procedure to ensure that Form 18 is
consistent with the requirements under section 281A of title 35, United
States Code, as added by subsection (a).
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to alter existing
law or rules relating to joinder.
SEC. 3. JOINDER OF INTERESTED PARTIES.
Section 299 of title 35, United States Code, is amended by adding
at the end the following:
``(d) Joinder of Interested Parties.--
``(1) Definition.--In this subsection, the term `interested
party', with respect to a civil action arising under any Act of
Congress relating to patents--
``(A) means a person described in paragraph (11) or
(13) of section 281A; and
``(B) does not include an attorney or law firm
providing legal representation in the action if the
sole basis for the financial interest of the attorney
or law firm in the outcome of the action arises from an
agreement to provide that legal representation.
``(2) Joinder of interested parties.--In a civil action
arising under any Act of Congress relating to patents, the
court shall grant a motion by a party defending an infringement
claim to join an interested party if the defending party shows
that the interest of the plaintiff in any patent identified in
the complaint, including a claim asserted in the complaint, is
limited primarily to asserting any such patent claim in
litigation.
``(3) Limitation on joinder.--The court may deny a motion
to join an interested party under paragraph (2) if--
``(A) the interested party is not subject to
service of process; or
``(B) joinder under paragraph (2) would deprive the
court of subject matter jurisdiction or make venue
improper.''.
SEC. 4. DISCOVERY LIMITS.
(a) In General.--Chapter 29 of title 35, United States Code, is
amended by adding at the end the following:
``Sec. 300. Discovery in patent infringement suits
``(a) Discovery Limitation Prior to Claim Construction.--
``(1) In general.--Except as provided in paragraph (2), in
a civil action arising under any Act of Congress relating to
patents, if the court determines that a ruling relating to the
construction of terms used in a patent claim asserted in the
complaint is required, discovery shall be limited, until such
ruling, to information necessary for the court to determine the
meaning of the terms used in the patent claim, including any
interpretation of those terms used to support the claim of
infringement.
``(2) Discretion to expand scope of discovery.--
``(A) Timely resolution of actions.--If, under any
provision of Federal law (including the Drug Price
Competition and Patent Term Restoration Act (Public Law
98-417)), resolution within a specified period of time
of a civil action arising under any Act of Congress
relating to patents will have an automatic impact upon
the rights of a party with respect to the patent, the
court may permit discovery in addition to the discovery
authorized under paragraph (1) before the ruling
described in paragraph (1) as necessary to ensure
timely resolution of the action.
``(B) Resolution of motions.--When necessary to
resolve a motion properly raised by a party before a
ruling relating to the construction of terms (as
described in paragraph (1)), the court may allow
limited discovery in addition to the discovery
authorized under paragraph (1) as necessary to resolve
the motion.
``(b) Sequence and Scope; Cost-Shifting.--
``(1) Definitions.--In this subsection--
``(A) the term `additional discovery' means
discovery of evidence other than core documentary
evidence; and
``(B) the term `core documentary evidence', with
respect to a civil action arising under any Act of
Congress relating to patents--
``(i) subject to clause (ii), includes only
documents that--
``(I) relate to the conception,
reduction to practice, and application
for the asserted patent;
``(II) are sufficient to show the
technical operation of the
instrumentality identified in the
complaint as infringing the asserted
patent;
``(III) relate to potentially
invalidating prior art;
``(IV) relate to previous licensing
or conveyances of the asserted patent;
``(V) are sufficient to show
revenue attributable to any claimed
invention;
``(VI) are sufficient to show the
organizational ownership and structure
of each party, including identification
of any person that has a financial
interest in the asserted patent;
``(VII) relate to awareness of the
asserted patent or claim, or the
infringement, before the action was
filed; and
``(VIII) sufficient to show any
marking, lack of marking, or notice of
the asserted patent provided to the
accused infringer; and
``(ii) does not include computer code or
electronic communication, such as e-mail, text
messages, instant messaging, and other forms of
electronic communication, unless the court
finds good cause for including such computer
code or electronic communication as core
documentary evidence of a particular party
under clause (i).
``(2) Discovery sequence and scope.--In a civil action
arising under any Act of Congress relating to patents, the
parties shall discuss and address in the written report filed
under rule 26(f)(2) of the Federal Rules of Civil Procedure the
views and proposals of the parties on--
``(A) when the discovery of core documentary
evidence should be completed;
``(B) whether the parties will seek additional
discovery under paragraph (3); and
``(C) any issues relating to infringement,
invalidity, or damages that, if resolved before the
additional discovery described in paragraph (3)
commences, will simplify or streamline the case,
including the identification of any key patent claim
terms or phrases to be construed by the court and
whether the early construction of any of those terms or
phrases would be helpful.
``(3) Discovery cost-shifting.--
``(A) In general.--In a civil action arising under
any Act of Congress relating to patents, each party
shall be responsible for the costs of producing core
documentary evidence within the possession, custody, or
control of that party.
``(B) Additional discovery.--
``(i) In general.--A party to a civil
action arising under any Act of Congress
relating to patents may seek additional
discovery if the party bears the costs of the
additional discovery, including reasonable
attorney's fees.
``(ii) Requirements.--A party shall not be
allowed additional discovery unless the party--
``(I) at the time that such party
seeks additional discovery, provides to
the party from whom the additional
discovery is sought payment of the
anticipated costs of the discovery; or
``(II) posts a bond in an amount
sufficient to cover the anticipated
costs of the discovery.
``(C) Rules of construction.--Nothing in
subparagraph (A) or (B) shall be construed to--
``(i) entitle a party to information not
otherwise discoverable under the Federal Rules
of Civil Procedure or any other applicable rule
or order;
``(ii) require a party to produce
privileged matter or other discovery otherwise
limited under the Federal Rules of Civil
Procedure; or
``(iii) prohibit a court from--
``(I) determining that a request
for discovery is excessive, irrelevant,
or otherwise abusive; or
``(II) setting other limits on
discovery.''.
SEC. 5. COSTS AND EXPENSES.
(a) In General.--Section 285 of title 35, United States Code, is
amended to read as follows:
``Sec. 285. Costs and expenses
``(a) In General.--The court shall award to the prevailing party
reasonable costs and expenses, including attorney's fees, unless--
``(1) the position and conduct of the non-prevailing party
were objectively reasonable and substantially justified; or
``(2) exceptional circumstances make such an award unjust.
``(b) Prohibition on Consideration of Certain Settlements.--In
determining whether an exception under paragraph (1) or (2) of
subsection (a) applies, the court shall not consider as evidence any
license taken in settlement of an asserted claim.
``(c) Recovery.--If the non-prevailing party is unable to pay
reasonable costs and expenses awarded by the court under subsection
(a), the court may make the reasonable costs and expenses recoverable
against any interested party, as defined in section 299(d).''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
29 of title 35, United States Code, is amended by striking the
item relating to section 285 and inserting the following:
``285. Costs and expenses.''.
(2) Conforming amendments.--Chapter 29 of title 35, United
States Code, is amended--
(A) in section 271(e)(4), in the flush text
following subparagraph (D), by striking ``attorney
fees'' and inserting ``reasonable costs and expenses,
including attorney's fees,'';
(B) in section 273(f), by striking ``attorney
fees'' and inserting ``reasonable costs and expenses,
including attorney's fees,''; and
(C) in section 296(b), by striking ``attorney
fees'' and inserting ``reasonable costs and expenses
(including attorney's fees)''. | Patent Abuse Reduction Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings: an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality; for each claim alleged to have been infringed indirectly, a description of: (1) the direct infringement; (2) any person alleged to be a direct infringer known to the party alleging infringement; and (3) the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; a description of the right of the party alleging infringement to assert each identified patent and claim; the principal business of the party alleging infringement; a list of each complaint filed, of which the party alleging infringement has knowledge, that asserts or asserted any of the identified patents; whether any identified patent is subject to any licensing term or pricing commitments through any agency, organization, or other standard-setting body; the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal right to enforce an identified patent through a civil action under any Act of Congress relating to patents or is licensed under such patent; and the identity of any person with a direct financial interest in the outcome of the action and a description of any agreement or other legal basis for such financial interest. Sets forth procedures with respect to the joinder of parties and discovery of evidence. Directs each party to be responsible for the costs of producing core documentary evidence within the possession, custody, or control of that party. Defines "core documentary evidence" as documents that: relate to the conception, reduction to practice, and application for the asserted patent; are sufficient to show the technical operation of the instrumentality identified in the complaint as infringing the asserted patent; relate to potentially invalidating prior art; relate to previous licensing or conveyances of the asserted patent; are sufficient to show revenue attributable to any claimed invention; are sufficient to show the organizational ownership and structure of each party, including identification of any person with a financial interest in the asserted patent; relate to awareness of the asserted patent or claim, or the infringement, before the action was filed; and are sufficient to show any marking, lack of marking, or notice of the asserted patent provided to the accused infringer. Excludes from the definition of core documentary evidence any computer code or electronic communication, such as e-mail, text messages, instant messaging, and other forms of electronic communication, unless the court finds good cause. Permits additional discovery under specified conditions if the party seeking such additional discovery bears the costs, including reasonable attorney's fees. Directs courts to award to the prevailing party reasonable costs and expenses, including attorney's fees, unless: (1) the position and conduct of the non-prevailing party were objectively reasonable and substantially justified, or (2) exceptional circumstances make such an award unjust. Allows the court, if the non-prevailing party is unable to pay such costs and expenses, to make the costs and expenses recoverable against interested parties. | {"src": "billsum_train", "title": "Patent Abuse Reduction Act of 2013"} | 3,188 | 882 | 0.784204 | 2.779109 | 0.906751 | 5.485602 | 3.930628 | 0.941099 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Safe and
Affordable Manufactured Housing Improvement Act of 1996.''
(b) Reference.--Whenever in this Act an amendment 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 that section or other
provision of the Housing and Community Development Act of 1974.
SEC. 2. DEFINITIONS.
Section 603 (42 U.S.C. 5402) is amended--
(1) by striking paragraph (7) and inserting the following
new paragraph:
``(7) `Federal manufactured home construction and safety
standard' means a reasonable performance standard for the
construction, design, and transportation of a manufactured home
which meets the needs of the public including the need for
affordability, quality, durability, and safety;'';
(2) in paragraph (12), by striking ``and'' at the end;
(3) in paragraph (13), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end thereof the following new
paragraphs:
``(14) `consensus committee' means the body established to
provide periodic recommendations to the Secretary pursuant to
the provisions of section 604;
``(15) `consensus process' means the process by which the
consensus committee, established pursuant to section 604,
recommends to the Secretary any additions, revocations, and/or
amendments to the Federal manufactured home construction and
safety standards and any related interpretations;
``(16) `transportation' means the movement of a
manufactured home or manufactured home components from the
manufacturing facility to a retailer's place of business or a
location selected by the purchaser, and the movement of a
manufactured home or manufactured home components from the
retailers's place of business to a site selected by the home
purchaser, where applicable; and
``(17) `Secretariat' means the qualified technical or
building code maintenance organization selected by the
Secretary to administer the consensus process, and to appoint
the members of the consensus committee established under
section 604.''.
SEC. 3. FEDERAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS.
(a) In General.--Section 604 (42 U.S.C. 5403) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Establishment.--
``(1) Authority of secretary.--The Secretary shall
establish, by order, appropriate Federal manufactured home
design, construction, transportation, and safety performance standards
that shall be reasonable, practicable, objectively stated, and
reflective of current developments in building standards and
technology. The Secretary shall issue such orders pursuant to the
consensus process described in this section.
``(2) Establishment of consensus committee and
procedures.--Not later than 180 days after the date of the
enactment of the Manufactured Housing Improvement Act of 1996,
the Secretary, in accordance with all relevant statutes,
regulations, orders, and directives pertaining to competitively
bid procurement, shall enter into a contract with a qualified
technical or building code organization to administer a
consensus process as its secretariat and to establish a
manufactured housing consensus committee and appoint the
members of that committee. The performance of such secretariat
shall be reviewed by the Secretary on a periodic basis. The
consensus committee shall be exempt from the requirements of
the Federal Advisory Committee Act. All meetings shall be open
to the public, and advance notice of such meetings shall be
provided in the Federal Register. Any final action by the
consensus committee shall be taken only after notice to the
public and opportunity for public comment in accordance with
the provisions of section 553 and subchapter II of chapter 5 of
title 5, United States Code.
``(3) Selection and qualifications.--The consensus
committee shall function, and its members shall be selected, in
accordance with the procedures for consensus committees
promulgated by the American National Standards Institute.
Members of the consensus committee shall be qualified to
participate in the work of the committee. The consensus
committee and the secretariat organization shall be certified
by the American National Standards Institute and shall be
provided reasonable staff resources by the administering
organization.
``(4) Responsibilities.--The consensus committee
established under this subsection shall be responsible for the
maintenance and revision of the Federal manufactured home
construction and safety standards, including the interpretation
of such standards.
``(5) Revisions to standards.--The consensus committee
shall consider additions, deletion, and amendments to the
Federal manufactured home construction and safety standards, as
needed, over a 2-year cycle. The consensus committee, after
notice and an opportunity for public comment, shall publish any
proposed standards or revisions and notice of their submission
to the Secretary, in the Federal Register. This notice shall
describe the circumstances under which the proposed standards
could become effective.
``(6) Secretary's response.--The Secretary may either adopt
or reject the standards submitted by the consensus committee. A
final order adopting such a standard, or rejecting such a
standard, shall be issued by the Secretary no later than 180
days after the date the proposed standard or regulation is
submitted to the Secretary by the consensus committee, and
shall be published in the Federal Register. In the event that
the Secretary rejects, in whole or in part, such a standard,
such publication shall be preceded by publication of the
proposed standard and the Secretary's proposed final order for
public comment in accordance with section 553 and subchapter II
of chapter 5 of title 5, United States Code.
``(7) Failure to take action.--If the Secretary fails to
take final action under paragraph (6) and publish notice of the
action in the Federal Register within the required 180-day period, the
recommendations of the consensus committee shall take effect 60 days
after the 180-day period. Within 10 days after the expiration of the
180-day period, the consensus committee shall publish in the Federal
Register notice of the Secretary's failure to act, the revised
standards, and the effective date of the revised standards.
``(8) Interim emergency standards.--The Secretary shall
have the authority at any time to request that the consensus
committee develop interim emergency performance standards or
amendments to the standards, when necessary to respond to a
health or safety emergency, as determined by the Secretary in
writing. The consensus committee shall have 60 days to submit
such proposed interim standards or amendments following a
request by the Secretary.
``(9) Written interpretations.--Upon request from an
interested party and after a finding that such an
interpretation is reasonably necessary, the consensus committee
shall submit to the Secretary written interpretations of the
Federal manufactured home construction and safety standards.
These interpretations shall become binding upon the completion
of notice and comment rulemaking procedures by the Secretary in
accordance with section 553 and subchapter II of chapter 5 of
title 5, United States Code, which shall be instituted within
180 days of the Secretary's receipt of such an interpretation.
The Secretary may reject, in whole or in part, an
interpretation only upon a written finding that the
interpretation is inconsistent with the purposes of this
title.'';
(2) in subsection (b)--
(A) by striking ``All'' and inserting ``Except as
expressly provided herein, all''; and
(B) by inserting ``and subchapter II of chapter 5''
after ``section 553'';
(3) in subsection (c), by striking ``Each'' and all that
follows through ``effect,'' and inserting the following: ``Each
order establishing, amending, deleting, or interpreting a
Federal manufactured home construction and safety standard
shall specify the date such standard, amendment, or
interpretation is to take effect,'';
(4) by striking subsections (d), (e), (f), and (g) and
inserting the following new subsections:
``(d) Preemption.--Except as may otherwise be expressly authorized
by the provisions of this title, a State or local unit of government
shall not establish, continue in effect, or enforce any standard
pertaining to the design, construction, transportation, or safety of
manufactured homes after the effective date of the United States
Housing Act of 1996. The standards mandated by this title are deemed
complete and exhaustive and shall supersede and preempt State and local
law and regulations.
``(e) Considerations.--The consensus committee, in recommending
performance standards and issuing interpretations, and the Secretary,
in establishing such standards and standards interpretations under this
title, shall--
``(1) consider relevant, reliable manufactured home
construction and safety data, including the results of the
research, development, testing, and evaluation activities
conducted pursuant to this title, and those activities
conducted by private organizations and other governmental
agencies to determine how best to promote the purposes of this
title;
``(2) consult with such State or interstate agencies
(including legislative committees) as they deem appropriate;
``(3) consider whether any such proposed performance
standard or standard interpretation is reasonable for the
particular type of manufactured home or for the geographic
region for which it is adopted;
``(4) consider the probable effect of such standard or
standard interpretation on the cost of the manufactured homes
to purchasers and potential purchasers; and
``(5) consider the extent to which any such standard or
standard interpretation will contribute to carrying out the
purposes of this title.'';
(5) by redesignating subsections (h), (i), and (j) as
subsections (f), (h), and (i), respectively;
(6) by inserting after subsection (f) (as so redesignated
by paragraph (5) of this subsection) the following new
subsection:
``(g) Evaluation Methodologies.--Based on a finding of need, as
determined in writing by the Secretary, the consensus committee may, in
accordance with the provisions of this section, establish reasonable,
cost-effective, uniform evaluation methodologies in order to determine
compliance with existing standards, or may evaluate proposed
methodologies.''; and
(7) by adding at the end the following new subsection:
``(j) Required Use of Consensus Process.--After the date of the
enactment of the Manufactured Housing Improvement Act of 1996, the
Secretary shall not adopt or amend any standards or standards
interpretations other than through the consensus process set forth in
this section.''.
(b) Conforming Amendment.--Section 610 (42 U.S.C. 5409(a)(6)) is
amended by striking ``subsection (h)'' and inserting ``subsection
(f)''.
SEC. 4. INSPECTION FEES.
Section 620 (42 U.S.C. 5419) is amended to read as follows:
``inspection and collection and utilization of fees
``Sec. 620. (a) Establishment.--The Secretary may establish and
impose, on manufactured home manufacturers, distributors, and dealers,
a reasonable fee to offset the necessary expenses incurred in
conducting the inspections required by this title and the expenses
incurred by the consensus committee in performing its duties under this
title. Such fees shall be established and/or modified pursuant to
notice and comment rulemaking in accordance with section 553 and
subchapter II of chapter 5 of title 5, United States Code.
``(b) Use.--Fees collected pursuant to this title shall be
deposited in a dedicated fund and shall be expended only for the
functions specified in subsection (a), and shall be subject for
expenditure only to the extent approved in an appropriations Act. The
Secretary shall provide an annual report to the Congress specifying
expenditures of these funds. The Secretary shall also make available to
the public, in accordance with all applicable disclosure statutes,
regulations, orders, or directives, information pertaining to such
funds, including but not limited to, information pertaining to amounts
collected, amounts disbursed, and the fund balance.''. | Safe and Affordable Manufactured Housing Improvement Act of 1996 - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to establish a consensus committee for maintenance and revision of Federal manufactured home construction and safety standards. Includes expenses incurred by such committee within existing inspection fee authority. | {"src": "billsum_train", "title": "Safe and Affordable Manufactured Housing Improvement Act of 1996"} | 2,613 | 68 | 0.54972 | 1.331258 | 0.580131 | 4 | 42 | 0.915254 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Clarification of delegation of transfer or reprogramming
authority.
Sec. 304. Additional duties for the Director of Science and Technology.
Sec. 305. Comprehensive inventory of special access programs.
Sec. 306. Sense of Congress on budget execution authority procedures.
Sec. 307. Sense of Congress with respect to multi-level security
clearances.
Sec. 308. Reports on failure to timely implement the National
Counterterrorism Center.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2006
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Department of Justice.
(11) The Federal Bureau of Investigation.
(12) The National Reconnaissance Office.
(13) The National Geospatial-Intelligence Agency.
(14) The Coast Guard.
(15) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2006, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the bill H.R. 2475 of the One
Hundred Ninth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2006 under section 102 when
the Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions.
(b) Notice to Intelligence Committees.--The Director of National
Intelligence shall notify promptly the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives whenever the Director exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2006 the sum of
$446,144,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2007.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 817 full-time personnel as of September 30,
2006. Personnel serving in such elements may be permanent employees of
the Intelligence Community Management Account or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are also
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2006 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available until
September 30, 2007.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2006, there are also authorized such additional personnel for
such elements as of that date as are specified in the
classified Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2006
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Intelligence Community
Management Account from another element of the United States Government
shall be detailed on a reimbursable basis, except that any such
officer, employee, or member may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of National Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2006 the sum of
$244,600,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. CLARIFICATION OF DELEGATION OF TRANSFER OR REPROGRAMMING
AUTHORITY.
Paragraph (5)(B) of section 102A(d) of the National Security Act of
1947 (50 U.S.C. 403-1(d)), as added by section 1011(a) of the National
Security Intelligence Reform Act of 2004 (title I of Public Law 108-
458; 118 Stat. 3643), is amended by striking ``or agency involved'' in
the second sentence and inserting ``involved or the Director of the
Central Intelligence Agency (in the case of the Central Intelligence
Agency)''.
SEC. 304. ADDITIONAL DUTIES FOR THE DIRECTOR OF SCIENCE AND TECHNOLOGY.
(a) Coordination and Prioritization of Research Conducted by
Elements of the Intelligence Community.--Subsection (d) of section 103E
of the National Security Act of 1947 (50 U.S.C. 403-3e), as added by
section 1011(a) of the National Security Intelligence Reform Act of
2004 (title I of Public Law 108-458; 118 Stat. 3643), is amended--
(1) by inserting ``and prioritize'' after ``coordinate'' in
paragraph (3)(A); and
(2) by adding at the end the following new paragraph:
``(4) In carrying out paragraph (3)(A), the Committee shall
identify basic, advanced, and applied research programs to be carried
out by elements of the intelligence community.''.
(b) Development of Technology Goals.--Section 103E of such Act (50
U.S.C. 403-3e), as so added, is amended--
(1) in subsection (c)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following
new paragraph:
``(5) assist the Director in establishing goals for the
elements of the intelligence community to meet the technology
needs of the community; and''; and
(2) by adding at the end the following new subsection:
``(e) Goals for Technology Needs of the Intelligence Community.--In
carrying out subsection (c)(5), the Director of Science and Technology
shall--
``(1) perform systematic identification and assessment of
the most significant intelligence challenges that require
technical solutions; and
``(2) examine options to enhance the responsiveness of
research and design programs to meet the requirements of the
intelligence community for timely support.''.
(c) Report.--Not later than June 30, 2006, the Director of National
Intelligence shall submit to Congress a report containing a strategy
for the development and use of technology in the intelligence community
through 2021. Such report may be submitted in classified form and shall
include--
(1) an assessment of the highest priority intelligence gaps
across the intelligence community that may be resolved by the
use of technology;
(2) goals for advanced research and development and a
strategy to achieve such goals;
(3) an explanation of how each advanced research and
development project funded under the National Intelligence
Program addresses an identified intelligence gap;
(4) a list of all current and projected research and
development projects by research type (basic, advanced, or
applied) with estimated funding levels, estimated initiation
dates, and estimated completion dates; and
(5) a plan to incorporate technology from research and
development projects into National Intelligence Program
acquisition programs.
SEC. 305. COMPREHENSIVE INVENTORY OF SPECIAL ACCESS PROGRAMS.
Not later than January 15, 2006, the Director of National
Intelligence shall submit to the congressional intelligence committees
(as defined in section 3(7) of the National Security Act of 1947 (50
U.S.C. 401a(7))) a classified report providing a comprehensive
inventory of all special access programs under the National
Intelligence Program (as defined in section 3(6) of the National
Security Act of 1947 (50 U.S.C. 401a(6))).
SEC. 306. SENSE OF CONGRESS ON BUDGET EXECUTION AUTHORITY PROCEDURES.
It is the sense of Congress that the Director of National
Intelligence should expeditiously establish the necessary budgetary
processes and procedures with the heads of the departments containing
agencies or organizations within the intelligence community, and the
heads of such agencies and organizations, in order to--
(1) implement the budget execution authorities provided
under, and submit the reports to Congress required by,
subsection (c) of section 102A of the National Security Act of
1947 (50 U.S.C. 403-1), as amended by section 1011(a) of the
National Security Intelligence Reform Act of 2004 (title I of
Public Law 108-458; 118 Stat. 3643); and
(2) carry out the duties and authorities of the Director of
National Intelligence with respect to the transfer and
reprogramming of funds under the National Intelligence Program
under subsection (d) of such section, as so amended.
SEC. 307. SENSE OF CONGRESS WITH RESPECT TO MULTI-LEVEL SECURITY
CLEARANCES.
It is the sense of Congress that the Director of National
Intelligence should promptly establish and oversee the implementation
of a multi-level security clearance system across the intelligence
community to leverage the cultural and linguistic skills of subject
matter experts and individuals proficient in foreign languages critical
to national security.
SEC. 308. REPORTS ON FAILURE TO TIMELY IMPLEMENT THE NATIONAL
COUNTERTERRORISM CENTER.
(a) Initial Report on Failure to Meet Deadlines Imposed Under
Law.--Not later than 30 days after the date of the enactment of this
Act, the Director of National Intelligence shall provide written notice
to Congress explaining the failure of the executive branch to implement
the National Counterterrorism Center, as established under section 119
of the National Security Act of 1947, as added by section 1021 of the
National Security Intelligence Reform Act of 2004 (title I of the
Intelligence Reform and Terrorism Prevention Act of 2004; Public Law
108-458), by the deadlines imposed under section 1097(a) of such Act
for the implementation of such Center, including the failure by the
President to nominate an individual to serve as Director of the
National Counterterrorism Center.
(b) Subsequent Monthly Updates.--The Director of National
Intelligence shall provide to Congress monthly updates to the initial
notice to Congress under subsection (a) until the National
Counterterrorism Center is fully implemented and operational.
Passed the House of Representatives June 21, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Intelligence Authorization Act for Fiscal Year 2006 - Title I: Intelligence Activities - (Sec. 101) Authorizes appropriations for FY2006 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence; (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency; (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Departments of State, the Treasury, Energy, and Justice; (8) Federal Bureau of Investigation (FBI); (9) National Reconnaissance Office; (10) National Geospatial-Intelligence Agency; (11) Coast Guard; and (12) Department of Homeland Security.
(Sec. 102) Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2006, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President.
(Sec. 103) Allows the Director of National Intelligence (DNI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 2006 when necessary for the performance of important intelligence functions. Requires notification of the congressional intelligence committees on the use of such authority.
(Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2006, for full-time personnel for elements within such Account, and for certain classified personnel.
Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2006 for the Central Intelligence Agency Retirement and Disability Fund.
Title III: General Provisions - (Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
(Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
(Sec. 304) Requires the DNI's: (1) Science and Technology Committee to prioritize research and development related to intelligence; and (2) Director of Science and Technology to assist the DNI in establishing intelligence community (IC) technology goals. Directs the DNI to report to Congress a strategy for the development and use of technology in the IC through 2021.
(Sec. 305) Requires the DNI to submit to the intelligence committees a classified comprehensive inventory of all special access programs under the National Intelligence Program.
(Sec. 306) Expresses the sense of Congress that the DNI should expeditiously establish the necessary processes and procedures with the heads of executive departments and agencies to carry out the budgetary execution authorities within the National Security Intelligence Reform Act of 2004.
(Sec. 307) Expresses the sense of Congress that the DNI should promptly establish and oversee implementation of a multi-level security clearance system across the IC to leverage the cultural and linguistic skills of subject matter experts and individuals proficient in foreign languages critical to national security.
(Sec. 308) Requires the DNI to provide written notice to Congress explaining the failure of the executive branch to implement within the appropriate deadlines the National Counterterrorism Center, as required under the National Security Intelligence Reform Act of 2004, including the failure by the President to nominate an individual to serve as its Director. Requires monthly updates of such notice until the Center is fully implemented and operational. | {"src": "billsum_train", "title": "To authorize appropriations for fiscal year 2006 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes."} | 3,069 | 830 | 0.767326 | 2.523115 | 0.744063 | 4.483961 | 3.675035 | 0.947001 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving America's Downtowns and
Heritage Act of 2012''.
SEC. 2. INCREASED REHABILITATION CREDIT FOR COMMERCIAL BUILDINGS.
(a) Buildings Other Than Certified Historic Structures.--Paragraph
(1) of section 47(a) of the Internal Revenue Code of 1986 (relating to
rehabilitation credit) is amended by striking ``10 percent'' and
inserting ``12.5 percent''.
(b) Certified Historic Structures.--Paragraph (2) of such section
is amended by striking ``20 percent'' and inserting ``25 percent''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to rehabilitations the physical work on which begins
after the date of enactment of this Act.
SEC. 3. REHABILITATION CREDIT FOR HISTORIC PRINCIPAL RESIDENCES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. REHABILITATION OF HISTORIC PRINCIPAL RESIDENCES.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to 20 percent of the qualified
rehabilitation expenditures made by the taxpayer with respect to a
qualified historic home.
``(b) Qualified Rehabilitation Expenditure.--For purposes of this
section--
``(1) In general.--The term `qualified rehabilitation
expenditure' means any amount properly chargeable to capital
account--
``(A) in connection with the certified
rehabilitation of a qualified historic home, and
``(B) for property for which depreciation would be
allowable under section 168 if the qualified historic
home were used in a trade or business.
``(2) Certain expenditures not included.--Rules similar to
the rules of clauses (ii) and (iii) of section 47(c)(2)(B)
shall apply.
``(3) Mixed use or multifamily building.--If only a portion
of a building is used as the principal residence of the
taxpayer, only qualified rehabilitation expenditures which are
properly allocable to such portion shall be taken into account
under this section.
``(c) Certified Rehabilitation.--For purposes of this section--
``(1) In general.--The term `certified rehabilitation' has
the meaning given such term by section 47(c)(2)(C).
``(2) Approved state program.--The term `certified
rehabilitation' includes a certification made by--
``(A) a State Historic Preservation Officer who
administers a State Historic Preservation Program
approved by the Secretary of the Interior pursuant to
section 101(b)(1) of the National Historic Preservation
Act, or
``(B) a local government, certified pursuant to
section 101(c)(1) of the National Historic Preservation
Act and authorized by a State Historic Preservation
Officer, or the Secretary of the Interior where there
is no approved State program, subject to such terms and
conditions as may be specified by the Secretary of the
Interior for the rehabilitation of buildings within the
jurisdiction of such officer (or local government) for
purposes of this section.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified historic home.--The term `qualified
historic home' means a certified historic structure--
``(A) which has been substantially rehabilitated,
and
``(B) which (or any portion of which)--
``(i) is owned by the taxpayer, and
``(ii) is used (or will, within a
reasonable period, be used) by such taxpayer as
his principal residence.
``(2) Substantially rehabilitated.--The term `substantially
rehabilitated' has the meaning given such term by section
47(c)(1)(C).
``(3) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(4) Certified historic structure.--
``(A) In general.--The term `certified historic
structure' means any building (and its structural
components) which--
``(i) is listed in the National Register,
or
``(ii) is located in a registered historic
district (as defined in section 47(c)(3)(B))
and is certified by the Secretary of the
Interior as being of historic significance to
the district.
``(5) Rehabilitation not complete before certification.--A
rehabilitation shall not be treated as complete before the date
of the certification referred to in subsection (c).
``(6) Tenant-stockholder in cooperative housing
corporation.--If the taxpayer holds stock as a tenant-
stockholder (as defined in section 216) in a cooperative
housing corporation (as defined in such section), such
stockholder shall be treated as owning the house or apartment
which the taxpayer is entitled to occupy as such stockholder.
``(e) Limitation Based on Amount of Tax.--
``(1) In general.--In the case of a taxable year to which
section 26(a)(2) does not apply, the credit allowed under
subsection (a) for the taxable year shall not exceed the excess
of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under
subpart A (other than this section and section 25D) and
section 27 for the taxable year.
``(2) Carryforward of unused credit.--
``(A) In general.--If the credit allowable under
subsection (a) for any taxable year exceeds the
applicable tax limit for such taxable year, such excess
shall be a carryforward to each of the 5 succeeding
taxable years and, subject to the limitations of
subparagraph (B), shall be added to the credit
allowable by subsection (a) for such succeeding taxable
year.
``(B) Amount carried to each year.--Rules similar
to the rules of section 39(a)(2) shall apply for
purposes of this paragraph.
``(C) Limitation.--The amount of the unused credit
which may be taken into account under subparagraph (A)
for any taxable year shall not exceed the amount (if
any) by which the applicable tax limit for such taxable
year exceeds the sum of--
``(i) the credit allowable under subsection
(a) for such taxable year determined without
regard to this paragraph, and
``(ii) the amounts which, by reason of this
paragraph, are carried to such taxable year and
are attributable to taxable years before the
unused credit year.
``(3) Applicable tax limit.--For purposes of this
paragraph, the term `applicable tax limit' means--
``(A) in the case of a taxable year to which
section 26(a)(2) applies, the limitation imposed by
section 26(a)(2) for the taxable year reduced by the
sum of the credits allowable under this subpart (other
than this section and section 25D), and
``(B) in the case of a taxable year to which
section 26(a)(2) does not apply, the limitation imposed
by section 26(a)(1) for the taxable year reduced by the
sum of the credits allowable under this subpart (other
than this section and sections 24, 25A(i), 25B, 25D,
30, 30B, 30D).
``(f) When Expenditures Taken Into Account.--Qualified
rehabilitation expenditures shall be treated for purposes of this
section as made--
``(1) on the date the rehabilitation is completed, or
``(2) to the extent provided by the Secretary by
regulation, when such expenditures are properly chargeable to
capital account.
Regulations under paragraph (2) shall include a rule similar to the
rule under section 50(a)(2) (relating to recapture if property ceases
to qualify for progress expenditures).
``(g) Recapture.--
``(1) In general.--If, before the end of the 5-year period
beginning on the date on which the rehabilitation of the
building is completed--
``(A) the taxpayer disposes of such taxpayer's
interest in such building, or
``(B) such building ceases to be used as the
principal residence of the taxpayer or ceases to be a
certified historic structure,
the taxpayer's tax imposed by this chapter for the taxable year
in which such disposition or cessation occurs shall be
increased by the recapture percentage of the credit allowed
under this section for all prior taxable years with respect to
such rehabilitation.
``(2) Recapture percentage.--For purposes of paragraph (1),
the recapture percentage shall be determined in accordance with
the table under section 50(a)(1)(B), deeming such table to be
amended--
``(A) by striking `If the property ceases to be
investment credit property within--' and inserting `If
the disposition or cessation occurs within--', and
``(B) in clause (i) by striking `One full year
after placed in service' and inserting `One full year
after the taxpayer becomes entitled to the credit'.
``(3) Transfer between spouses or incident to divorce.--In
the case of any transfer described in subsection (a) of section
1041 (relating to transfers between spouses or incident to
divorce)--
``(A) the foregoing provisions of this subsection
shall not apply, and
``(B) the same tax treatment under this subsection
with respect to the transferred property shall apply to
the transferee as would have applied to the transferor.
``(h) Basis Adjustments.--For purposes of this subtitle, if a
credit is allowed under this section for any expenditure with respect
to any property, the increase in the basis of such property which would
(but for this subsection) result from such expenditure shall be reduced
by the amount of the credit so allowed.
``(i) Processing Fees.--Any State may impose a fee for the
processing of applications for the certification of any rehabilitation
under this section provided that the amount of such fee is used only to
defray expenses associated with the processing of such applications.
``(j) Denial of Double Benefit.--No credit shall be allowed under
this section for any amount for which credit is allowed under section
47.
``(k) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations where less than all of a building is used as a
principal residence and where more than 1 taxpayer use the same
dwelling unit as their principal residence.''.
(b) Conforming Amendments.--
(1) Sections 24(b)(3)(C), 25(e)(1)(C), 25B(g)(2), 26(a)(1),
30B(g)(2)(B)(ii), and 1400C(d)(2) of such Code are each amended
by inserting ``25E,'' after ``25D,''.
(2) Sections 25A(i)(5)(A) and 30(c)(2)(B) of such Code are
each amended by inserting ``, 25E,'' after ``25D''.
(3) Sections 30D(c)(2)(B)(ii) and 1400C(d)(1) of such Code
are each amended by striking ``section 25D'' and inserting
``sections 25D and 25E''.
(4) Paragraph (1) of section 1400C(d) of such Code is
amended by striking ``section 25D'' and inserting ``sections
25D and 25E''.
(5) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (36), by striking
the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new item:
``(38) to the extent provided in section 25E(h).''.
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Rehabilitation of historic principal residences.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to rehabilitations the physical work on which begins
after the date of enactment of this Act. | Preserving America's Downtowns and Heritage Act of 2012 - Amends the Internal Revenue Code to: (1) increase the rate of the rehabilitation tax credit for commercial buildings and for certified historic structures, and (2) allow a new 20% rehabilitation tax credit for certified historic buildings used by a taxpayer as a principal residence. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the rehabilitation credit for commercial buildings and to provide a rehabilitation credit for principal residences."} | 2,885 | 68 | 0.572511 | 1.302721 | 0.960951 | 2.33871 | 40.258065 | 0.919355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Anti-Corruption and
Good Governance Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Widespread corruption endangers the stability and
security of societies, undermines democracy, and jeopardizes
the social, political, and economic development of a society.
(2) Corruption facilitates criminal activities, such as
money laundering, hinders economic development, inflates the
costs of doing business, and undermines the legitimacy of the
government and public trust.
(3) In January 1997 the United Nations General Assembly
adopted a resolution urging member states to carefully consider
the problems posed by the international aspects of corrupt
practices and to study appropriate legislative and regulatory
measures to ensure the transparency and integrity of financial
systems.
(4) The United States was the first country to criminalize
international bribery through the enactment of the Foreign
Corrupt Practices Act of 1977 and United States leadership was
instrumental in the passage of the Organization for Economic
Cooperation and Development (OECD) Convention on Combatting
Bribery of Foreign Public Officials in International Business
Transactions.
(5) The Vice President, at the Global Forum on Fighting
Corruption in 1999, declared corruption to be a direct threat
to the rule of law and the Secretary of State declared
corruption to be a matter of profound political and social
consequence for our efforts to strengthen democratic
governments.
(6) The Secretary of State, at the Inter-American
Development Bank's annual meeting in March 2000, declared that
despite certain economic achievements, democracy is being
threatened as citizens grow weary of the corruption and
favoritism of their official institutions and that efforts must
be made to improve governance if respect for democratic
institutions is to be regained.
(7) In May 1996 the Organization of American States (OAS)
adopted the Inter-American Convention Against Corruption
requiring countries to provide various forms of international
cooperation and assistance to facilitate the prevention,
investigation, and prosecution of acts of corruption.
(8) Independent media, committed to fighting corruption and
trained in investigative journalism techniques, can both
educate the public on the costs of corruption and act as a
deterrent against corrupt officials.
(9) Competent and independent judiciary, founded on a
merit-based selection process and trained to enforce contracts
and protect property rights, is critical for creating a
predictable and consistent environment for transparency in
legal procedures.
(10) Independent and accountable legislatures, responsive
political parties, and transparent electoral processes, in
conjunction with professional, accountable, and transparent
financial management and procurement policies and procedures,
are essential to the promotion of good governance and to the
combat of corruption.
(11) Transparent business frameworks, including modern
commercial codes and intellectual property rights, are vital to
enhancing economic growth and decreasing corruption at all
levels of society.
(12) The United States should attempt to improve
accountability in foreign countries, including by--
(A) promoting transparency and accountability
through support for independent media, promoting
financial disclosure by public officials, political
parties, and candidates for public office, open
budgeting processes, adequate and effective internal
control systems, suitable financial management systems,
and financial and compliance reporting;
(B) supporting the establishment of audit offices,
inspectors general offices, third party monitoring of
government procurement processes, and anti-corruption
agencies;
(C) promoting responsive, transparent, and
accountable legislatures that ensure legislative
oversight and whistle-blower protection;
(D) promoting judicial reforms that criminalize
corruption and promoting law enforcement that
prosecutes corruption;
(E) fostering business practices that promote
transparent, ethical, and competitive behavior in the
private sector through the development of an effective
legal framework for commerce, including anti-bribery
laws, commercial codes that incorporate international
standards for business practices, and protection of
intellectual property rights; and
(F) promoting free and fair national, state, and
local elections.
(b) Purpose.--The purpose of this Act is to ensure that United
States assistance programs promote good governance by assisting other
countries to combat corruption throughout society and to improve
transparency and accountability at all levels of government and
throughout the private sector.
SEC. 3. DEVELOPMENT ASSISTANCE POLICIES.
(a) General Policy.--Section 101(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151(a)) is amended in the fifth sentence--
(1) by striking ``four'' and inserting ``five'';
(2) in paragraph (3), by striking ``and'' at the end;
(3) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(5) the promotion of good governance through combating
corruption and improving transparency and accountability.'' .
(b) Development Assistance Policy.--Paragraph (4) of the third
sentence of section 102(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151-1(b)) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) progress in combating corruption and
improving transparency and accountability in the public
and private sector.''.
SEC. 4. DEPARTMENT OF THE TREASURY TECHNICAL ASSISTANCE PROGRAM FOR
DEVELOPING COUNTRIES.
Section 129(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151aa(b)) is amended by adding at the end the following:
``(3) Emphasis on anti-corruption.--Such technical
assistance shall include elements designed to combat anti-
competitive, unethical and corrupt activities, including
protection against actions that may distort or inhibit
transparency in market mechanisms and, to the extent
applicable, privatization procedures.''.
SEC. 5. AUTHORIZATION OF GOOD GOVERNANCE PROGRAMS.
(a) In General.--Chapter 1 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the
following:
``SEC. 131. PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
``(a) Establishment of Programs.--
``(1) In general.--The President is authorized to establish
programs that combat corruption, improve transparency and
accountability, and promote other forms of good governance in
countries described in paragraph (2).
``(2) Countries described.--A country described in this
paragraph is a country that is eligible to receive assistance
under this part (including chapter 4 of part II of this Act) or
the Support for East European Democracy (SEED) Act of 1989.
``(3) Priority.--In carrying out paragraph (1), the
President shall give priority to establishing programs in
countries that received a significant amount of United States
foreign assistance for the prior fiscal year, or in which the
United States has a significant economic interest, and that
continue to have the most persistent problems with public and
private corruption. In determining which countries have the
most persistent problems with public and private corruption
under the preceding sentence, the President shall take into
account criteria such as the Transparency International Annual
Corruption Perceptions Index, standards and codes set forth by
the International Bank for Reconstruction and Development and
the International Monetary Fund, and other relevant criteria.
``(4) Requirement.--Assistance provided for countries under
programs established pursuant to paragraph (1) may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries (other than section
620A of this Act or any other comparable provision of law).
``(b) Specific Projects and Activities.--The programs established
pursuant to subsection (a) shall include, to the extent appropriate,
projects and activities that--
``(1) support responsible independent media to promote
oversight of public and private institutions;
``(2) implement financial disclosure among public
officials, political parties, and candidates for public office,
open budgeting processes, and transparent financial management
systems;
``(3) support the establishment of audit offices,
inspectors general offices, third party monitoring of
government procurement processes, and anti-corruption agencies;
``(4) promote responsive, transparent, and accountable
legislatures that ensure legislative oversight and whistle-
blower protection;
``(5) promote legal and judicial reforms that criminalize
corruption and law enforcement reforms and development that
encourage prosecutions of criminal corruption;
``(6) assist in the development of a legal framework for
commercial transactions that fosters business practices that
promote transparent, ethical, and competitive behavior in the
economic sector, such as commercial codes that incorporate
international standards and protection of intellectual property
rights;
``(7) promote free and fair national, state, and local
elections;
``(8) foster public participation in the legislative
process and public access to government information; and
``(9) engage civil society in the fight against corruption.
``(c) Conduct of Projects and Activities.--Projects and activities
under the programs established pursuant to subsection (a) may include,
among other things, training and technical assistance (including
drafting of anti-corruption, privatization, and competitive statutory
and administrative codes), drafting of anti-corruption, privatization,
and competitive statutory and administrative codes, support for
independent media and publications, financing of the program and
operating costs of nongovernmental organizations that carry out such
projects or activities, and assistance for travel of individuals to the
United States and other countries for such projects and activities.
``(d) Annual Report.--
``(1) In general.--The President shall prepare and transmit
to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate an annual report on--
``(A) projects and activities carried out under
programs established under subsection (a) for the prior
year in priority countries identified pursuant to
subsection (a)(3); and
``(B) projects and activities carried out under
programs to combat corruption, improve transparency and
accountability, and promote other forms of good
governance established under other provisions of law
for the prior year in such countries.
``(2) Required contents.--The report required by paragraph
(1) shall contain the following information with respect to
each country described in paragraph (1):
``(A) A description of all United States
Government-funded programs and initiatives to combat
corruption and improve transparency and accountability
in the country.
``(B) A description of United States diplomatic
efforts to combat corruption and improve transparency
and accountability in the country.
``(C) An analysis of major actions taken by the
government of the country to combat corruption and
improve transparency and accountability in the country.
``(e) Funding.--Amounts made available to carry out the other
provisions of this part (including chapter 4 of part II of this Act)
and the Support for East European Democracy (SEED) Act of 1989 shall be
made available to carry out this section.''.
(b) Deadline for Initial Report.--The initial annual report
required by section 131(d)(1) of the Foreign Assistance Act of 1961, as
added by subsection (a), shall be transmitted not later than 180 days
after the date of the enactment of this Act.
Passed the House of Representatives July 25, 2000.
Attest:
Jeff Trandahl
Clerk. | Amends the Foreign Assistance Act of 1961 to require technical assistance provided by a certain program to foreign governments and foreign central banks of developing or transitional countries also to include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market mechanisms and, to the extent applicable, privatization procedures.
Authorizes the President to establish programs that combat corruption, improve transparency and accountability, and promote other forms of good governance in developing countries or countries eligible to receive assistance under the Support for East European Democracy (SEED) Act of 1989. Requires the President to give priority to establishing programs in countries that received a significant amount of U.S. foreign assistance for the prior fiscal year, or in which the United States has a significant economic interest, and that continue to have the most persistent problems with public and private corruption. Requires the President to report to specified congressional committees with respect to such programs. Authorizes appropriations. | {"src": "billsum_train", "title": "International Anti-Corruption and Good Governance Act of 2000"} | 2,471 | 216 | 0.450661 | 1.352525 | 0.891334 | 5.913514 | 12.924324 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Commitment to Clean Water
Act''.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To reaffirm the original objective of Congress in
enacting the Federal Water Pollution Control Act Amendments of
1972 (86 Stat. 816) to restore and maintain the chemical,
physical, and biological integrity of the Nation's waters.
(2) To reaffirm the definition of the waters of the United
States that are subject to the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) consistent with the interpretation
of such Act prior to the decisions of the United States Supreme
Court in Solid Waste Agency of Northern Cook County v. United
States Army Corps of Engineers, 531 U.S. 159 (2001), and the
consolidated cases of Rapanos v. United States and Carabell v.
United States Army Corps of Engineers, 547 U.S. 715 (2006), by
legislatively overturning the effect of those decisions.
(3) To define the term ``waters of the United States'' and
to protect such waters as authorized by the powers granted
under section 8 of article I, section 2 of article II, and
section 3 of article IV of the Constitution of the United
States and in a manner consistent with the Federal Water
Pollution Control Act and subsequent amendments thereto.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The decisions of the United States Supreme Court in
Solid Waste Agency of Northern Cook County v. United States
Army Corps of Engineers and the consolidated cases of Rapanos
v. United States and Carabell v. United States Army Corps of
Engineers unduly restricted the scope of the Federal Water
Pollution Control Act and impair the statutory protections for
waters of the United States contrary to the intent of Congress.
(2) Water is a unique and precious resource that is
necessary to sustain human life and the life of animals and
plants.
(3) Water is important for agriculture, transportation,
energy production, recreation, fishing and shellfishing, and
municipal and commercial uses.
(4) Water moves through interconnected hydrologic cycles,
and the pollution, degradation, or destruction of a part of an
aquatic system, including geographically isolated or intrastate
waters, can affect the chemical, physical, and biological
integrity of other parts of the aquatic system.
(5) Small and intermittent streams, including seasonal
streams, and their headwaters comprise the majority of all
stream and river miles in the conterminous United States. These
waters affect the introduction of pollutants to larger rivers
and streams, the life cycles of aquatic organisms and other
wildlife, and the flow of higher order streams during floods.
(6) The pollution, degradation, and destruction of waters
of the United States, individually and in the aggregate, have a
substantial relation to and effect on interstate commerce.
Discharges of pollutants into waters of the United States are
the result of, relate to, and are a necessary part of
commercial or economic activity.
(7) Millions of people in the United States depend on the
waters of the United States, including wetlands, to improve
water quality, recharge surface and subsurface drinking water
supplies, protect human health, and create commercial or
economic opportunity. Source water protection areas containing
one or more small or intermittent streams provide water to
public drinking water supplies that serve more than 117,000,000
people in the United States.
(8) Millions of people in the United States enjoy
recreational activities that depend on the waters of the United
States, including wetlands, and those activities and associated
travel generate billions of dollars of income each year for the
travel, tourism, recreation, and sporting sectors of the
economy of the United States.
(9) Protecting the waters of the United States from
discharges of pollutants, degradation, and destruction is a
necessary and proper means of implementing treaties to which
the United States is a party, including treaties protecting
fish, birds, and wildlife.
(10) Protecting the waters of the United States from
discharges of pollutants, degradation, and destruction is a
necessary and proper means of protecting the territory or other
property belonging to the United States, including parkland,
refuge land, and other land under Federal ownership and the
waters encompassed by that land.
(11) Administrative and judicial interpretations of the
Federal Water Pollution Control Act have treated ground water
separately from ``waters of the United States'' as that term is
used in such Act, and ground water has not been considered to
be ``waters of the United States'' under such Act. This Act and
the amendments made by this Act do not affect those
administrative and judicial interpretations.
(12) This Act and the amendments made by this Act do not
affect the authority of the Secretary of the Army or the
Administrator of the Environmental Protection Agency under the
provisions of the Federal Water Pollution Control Act as
interpreted or applied by the Secretary or Administrator as of
January 8, 2001.
SEC. 4. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended--
(1) by repealing paragraph (7); and
(2) by adding at the end the following:
``(26) Waters of the united states.--
``(A) In general.--The term `waters of the United
States' includes--
``(i) all waters that are currently used,
were used in the past, or may be susceptible to
use in interstate or foreign commerce,
including all waters that are subject to the
ebb and flow of the tide;
``(ii) all interstate and international
waters, including interstate and international
wetlands;
``(iii) all other waters, including
intrastate lakes, rivers, streams (including
intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet
meadows, playa lakes, or natural ponds, the
use, degradation, or destruction of which does
or would affect interstate or foreign commerce,
the obligations of the United States under a
treaty, or the territory or other property
belonging to the United States;
``(iv) all impoundments of waters otherwise
defined as waters of the United States under
this paragraph;
``(v) tributaries of waters identified in
clauses (i) through (iv);
``(vi) the territorial seas; and
``(vii) waters, including wetlands,
adjacent to waters identified in clauses (i)
through (vi).
``(B) Exclusions.--The term `waters of the United
States' does not include--
``(i) waters that are all or part of a
waste treatment system, including treatment
ponds or lagoons designed to meet the
requirements of this Act; or
``(ii) prior converted cropland, except
that, notwithstanding the determination of an
area's status as prior converted cropland by
the Secretary of Agriculture, for the purposes
of this Act, the final authority regarding
jurisdiction under this Act remains with the
Administrator.
``(27) Waste treatment system.--
``(A) In general.--The term `waste treatment
system' means a confined and discrete system or
structure that is specifically designed and engineered
to meet the requirements of this Act and that is
determined by the Administrator to be documented by the
applicable permitting authority under section 402 or
404.
``(B) Special rule.--A system or structure may not
be documented as a waste treatment system and the
Administrator may not make a determination under
subparagraph (A) if, after the date of enactment of
this paragraph, such system or structure is created in
waters of the United States or results from the
impoundment of waters of the United States.
``(C) Grandfather.--Notwithstanding subparagraph
(B), a waste treatment system in existence and
documented before the date of enactment of this
paragraph may include a waste treatment system that was
either originally created in or resultant from the
impoundment of waters of the United States if the
discharge from such system meets applicable standards
and limitations at the point of discharge in a manner
similar to other discharges under this Act.
``(D) Applicability.--The definition contained in
this paragraph shall apply only for the purposes of
paragraph (26).
``(28) Prior converted cropland.--The term `prior converted
cropland' means a wetland as determined by the Secretary of
Agriculture--
``(A) that has been converted by draining,
dredging, filling, leveling, or other manipulation
(including the removal of woody vegetation or any
activity that results in impairing or reducing the flow
and circulation of water) for the purpose of or to have
the effect of making possible the production of an
agricultural commodity without further application of
the manipulations described herein if--
``(i) such production would not have been
possible but for the conversion; and
``(ii) before the conversion such land was
wetland, farmed wetland, or farmed-wetland
pasture;
``(B) on which such conversion occurred prior to
December 23, 1985;
``(C) on which an agricultural commodity had been
produced at least once before December 23, 1985;
``(D) that, as of December 23, 1985, did not
support woody vegetation and met the following
hydrologic criteria:
``(i) inundation was fewer than 15
consecutive days during the growing season or
10 percent of the growing season, whichever is
less, in most years (50 percent chance or
more); and
``(ii) if a pothole, playa, or pocosin,
ponding was fewer than 7 consecutive days
during the growing season in most years (50
percent chance or more) and saturation was
fewer than 14 consecutive days during the
growing season most years (50 percent chance or
more); and
``(E) that is devoted to an agricultural use.''.
SEC. 5. CONFORMING AMENDMENTS.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended--
(1) by striking ``navigable waters of the United States''
each place it appears and inserting ``waters of the United
States'';
(2) in section 304(l)(1) by striking ``navigable waters''
in the paragraph heading and inserting ``waters of the united
states''; and
(3) by striking ``navigable waters'' each place it appears
and inserting ``waters of the United States''. | America's Commitment to Clean Water Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to replace the term "navigable waters," for waters subject to the Act, with the term "waters of the United States," defined to mean: (1) all waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce including all waters that are subject to the ebb and flow of the tide; (2) all interstate and international waters, including interstate and international wetlands; (3) all other waters, including intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation, or destruction of which does or would affect interstate or foreign commerce, U.S. obligations under a treaty, or U.S. territory or property; (4) all impoundments of waters otherwise defined as waters of the United States; (5) tributaries of such waters; (6) the territorial seas; and (7) waters, including wetlands, adjacent to such waters.
Excludes from such definition: (1) waters that are all or part of a waste treatment system, including treatment ponds or lagoons designed to meet the requirements of the Act; or (2) prior converted cropland. Declares that the final authority regarding jurisdiction under this Act remains with the Administrator of the Environmental Protection Agency (EPA) notwithstanding the Secretary of Agriculture's determination that an area is prior converted cropland.
Sets forth provisions defining waste treatment systems and prior converted farmland.
Prohibits a system or structure that is created in waters of the United States or results from the impoundment of such waters from being documented as a waste treatment system. Authorizes a waste treatment system in existence and documented before this Act's enactment to include a waste treatment system that was either originally created in or resultant from the impoundment of such waters if the system's discharge meets applicable standards and limitations at the point of discharge. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to reaffirm the jurisdiction of the United States over waters of the United States."} | 2,335 | 481 | 0.526459 | 1.693883 | 0.693471 | 4.888337 | 5.449132 | 0.947891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Concussion Awareness and Education
Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings; purposes.
Sec. 4. Surveillance of sports-related concussions.
Sec. 5. Research.
Sec. 6. Biological sample repository.
Sec. 7. Rules of play.
Sec. 8. Dissemination of information.
Sec. 9. Concussion Research Commission.
SEC. 3. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds as follows:
(1) There is currently no comprehensive system for
acquiring accurate data on the incidence of sports- and
recreation-related concussions across all youth age groups and
sports.
(2) Overall, according to a report entitled ``Sports-
Related Concussions in Youth: Improving the Science, Changing
the Culture'', issued by the National Academies in 2013, each
year in the United States, there are approximately 1.6 to 3.8
million sports- and recreation-related traumatic brain
injuries, including concussions and other head injuries. These
figures are based on conservative estimates.
(3) A review of National Collegiate Athletic Association
data for 15 sports showed that the overall reported concussion
rate doubled from 1.7 to 3.4 concussions per 1,000 athletic
exposures over the past 15 years, covering the 1988-1989 and
2003-2004 academic years.
(4) Between 2001 and 2009, the reported number of our youth
ages 19 and under treated for concussion and other nonfatal,
sports- and recreation-related traumatic brain injuries
increased from 150,000 to 250,000.
(5) Over the same time period between 2001 and 2009, the
rate of emergency room visits for concussive injuries increased
by 57 percent.
(6) Yet, according to the National Academies there
currently is--
(A) a lack of data to accurately estimate the
incidence of sports-related concussions across a
variety of sports and for youth across the pediatric
age spectrum; and
(B) no comprehensive system for acquiring accurate
data on the incidence of sports- and recreation-related
concussions across all youth age groups and sports.
(7) Currently, there are significant information gaps in
the proper protocol for diagnosis and treatment of sports-
related concussions and more research desperately is needed.
(b) Purposes.--The purposes of this Act are--
(1) to increase awareness and knowledge about concussions
through development of, implementation of, and evaluation of
the effectiveness of, large-scale collaborative efforts and
research by entities including, but not limited to, national
sports associations, State high school associations, trainers'
associations, appropriate Federal entities, and other
stakeholders such as parents, coaches, and students; and
(2) to change the culture (including social norms,
attitudes, and behaviors) surrounding concussions among
elementary school through college-aged youth and their parents,
coaches, sports officials, educators, trainers, and health care
professionals, taking into account demographic variations
across population groups, where appropriate.
SEC. 4. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS.
Title III of the Public Health Service Act is amended by inserting
after section 317T of such Act (42 U.S.C. 247b-22) the following:
``SEC. 317U. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS.
``(a) In General.--The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control and
Prevention, and taking into account other Federal data collection
efforts, shall--
``(1) establish and oversee a national system to accurately
determine the incidence of sports-related concussions; and
``(2) begin implementation of such system not later than 1
year after the date of enactment of the Concussion Awareness
and Education Act of 2014.
``(b) Data To Be Collected.--The data collected under subsection
(a) shall, to the extent feasible, include each of the following:
``(1) The incidence of sports related concussions in
individuals 5 through 21 years of age.
``(2) Demographic information of the injured individuals,
including age, sex, race, and ethnicity.
``(3) Pre-existing conditions of the injured individuals,
such as attention deficit hyperactivity disorder and learning
disabilities.
``(4) The concussion history of the injured individuals,
such as the number and dates of prior concussions.
``(5) The use of protective equipment and impact monitoring
devices.
``(6) The qualifications of personnel diagnosing the
concussions.
``(7) The cause, nature, and extent of the concussive
injury, including--
``(A) the sport or activity involved;
``(B) the recreational or competitive level of the
sport or activity involved;
``(C) the event type involved, including whether it
was practice or competition;
``(D) the impact location on the body;
``(E) the impact nature, such as contact with a
playing surface, another player, or equipment; and
``(F) signs and symptoms consistent with a
concussion.''.
SEC. 5. RESEARCH.
(a) In General.--Beginning not later than 1 year after the date of
enactment of this Act, the Director of the National Institutes of
Health and the Secretary of Defense, acting in coordination, shall
conduct or support--
(1) research designed to--
(A) establish objective, sensitive, and specific
metrics and markers of concussion diagnosis, prognosis,
and recovery in youth; and
(B) inform the creation of age-specific, evidence-
based guidelines for the management of short- and long-
term sequelae of concussion in youth;
(2) controlled, longitudinal, large-scale studies to assess
short- and long-term cognitive, emotional, behavioral,
neurobiological, and neuropathological consequences of
concussions and repetitive head impacts over a life span,
including--
(A) an examination of the effects of concussions
and repetitive head impacts on quality of life and the
activities of daily living; and
(B) identification of predictors and modifiers of
outcomes, including the influence of socioeconomic
status, race, ethnicity, sex, and comorbidities; and
(3) research on age- and sex-related biomechanical
determinants of injury risk for concussion in youth, including
how injury thresholds are modified by the number of and time
interval between head impacts and concussions.
(b) Sports and Physical Training at Military Academies and for
Military Personnel.--Beginning not later than 1 year after the date of
enactment of this Act, the Secretary of Defense shall conduct a
rigorous scientific evaluation of the effectiveness of techniques,
rules, and playing, practice, and training standards in reducing
concussions and sequelae for sports and physical training, including
combatives, at military service academies and for military personnel.
(c) Sense of Congress.--It is the sense of the Congress that the
National Collegiate Athletic Association, in conjunction with the
National Federation of State High School Associations, national
governing bodies for youth sports, and youth sports organizations,
should undertake a rigorous scientific evaluation of the effectiveness
of age-appropriate techniques, rules, and playing and practice
standards in reducing sports-related concussions and sequelae.
SEC. 6. BIOLOGICAL SAMPLE REPOSITORY.
(a) In General.--To aid research under this Act and any other
similar research, the Secretary of Health and Human Services, acting
through the Director of the National Institutes of Health, shall
maintain a national brain tissue and biological sample repository to
collect, archive, and distribute material for research on concussions.
(b) Timing.--The Secretary shall begin implementation of the
repository not later than 1 year after the date of enactment of this
Act.
SEC. 7. RULES OF PLAY.
(a) Development.--The Director of the National Institutes of Health
and the Secretary of Defense, taking into consideration the results of
research, shall develop standards, best practices, and guidelines for
the rules of play and training, respectively, for sports, athletic, and
military training and engagement that--
(1) are designed to prevent or reduce the incidence of
concussions; and
(2) include--
(A) standards for effective protective equipment;
and
(B) recommendations on impact-monitoring systems.
(b) Timing.--The Director of the National Institutes of Health and
the Secretary of Defense shall--
(1) begin development of the rules of play under this
section not later than 1 year after the date of enactment of
this Act; and
(2) after such rules of play are finalized, periodically
review and update such rules of play as appropriate.
SEC. 8. DISSEMINATION OF INFORMATION.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall develop and disseminate to the public information regarding
concussions.
(b) Arrangements With Other Entities.--In carrying out paragraph
(1), the Secretary may disseminate information through arrangements
with nonprofit organizations, consumer groups, institutions of higher
education, Federal, State, or local agencies, or the media.
SEC. 9. CONCUSSION RESEARCH COMMISSION.
(a) Establishment.--There is established a Concussion Research
Commission (referred to in this section as the ``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall be composed of the
following nine members:
(A) Five shall be appointed by the President.
(B) One shall be appointed by the Speaker of the
House of Representatives.
(C) One shall be appointed by the minority leader
of the House of Representatives.
(D) One shall be appointed by the majority leader
of the Senate.
(E) One shall be appointed by the minority leader
of the Senate.
(2) Qualifications.--To be eligible for appointment under
paragraph (1), an individual shall--
(A) have experience with research, treatment, and
prevention with respect to all types of concussive
injuries; and
(B) be a leading medical or scientific expert, or
an otherwise authoritatively qualified expert, in one
or more relevant fields.
(3) Terms.--Each member of the Commission shall be
appointed for the life of the Commission.
(4) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(5) No pay.--The members of the Commission shall serve
without pay. Members of the Commission who are full-time
officers or employees of the United States or Members of
Congress may not receive additional pay, allowances, or
benefits by reason of their service on the Commission.
(6) Travel expenses.--Each member of the Commission shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(7) Resources.--The Secretary shall ensure that appropriate
personnel, funding, and other resources are provided to the
Committee to carry out its responsibilities.
(c) Meetings.--The Commission shall meet at least 4 times each
year.
(d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, without
reimbursement, any of the personnel of that department or agency to the
Commission to assist in carrying out this section.
(e) Study.--The Commission shall--
(1) study the programs and activities conducted pursuant to
this Act; and
(2) based on the results of such programs and activities,
formulate systemic recommendations for furthering the purposes
of this Act, as described in section 3(b).
(f) Review of National Academies Report.--The Commission shall
review the report of the National Academies entitled ``Sports-Related
Concussions in Youth: Improving the Science, Changing the Culture'' and
recommend corrections or updates to such report, as the Commission
determines appropriate.
(g) Reporting.--
(1) Interim reports.--Every 6 months, the Commission shall
submit to the appropriate committees of Congress an interim
report on the Commission's activities.
(2) Final report.--Not later than 36 months after the date
of enactment of this Act, the Commission shall submit to the
appropriate committees of Congress, and make available to the
public, a final report on the results of the Commission's study
under subsection (e) and review under subsection (f).
(h) Termination.--The Commission shall terminate upon the date of
submission of the final report required by subsection (g)(2), unless
the Secretary of Health and Human Services chooses to maintain the
Commission beyond such date. | Concussion Awareness and Education Act of 2014 - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to: (1) establish and oversee a national system to accurately determine the incidence of sports-related concussions, and (2) begin implementation of such system within one year of this Act's enactment. Requires the data collected to include: the incidence of sports related concussions in individuals 5 through 21 years of age; demographic information of the injured individuals; pre-existing conditions of the injured individuals; the concussion history of the injured individuals; the use of protective equipment and impact monitoring devices; the qualifications of personnel diagnosing the concussions; and the cause, nature, and extent of the concussive injury. Requires the Director of the National Institutes of Health (NIH) and the Secretary of Defense (DOD), acting in coordination, to conduct or support: (1) research designed to establish metrics and markers of concussion diagnosis, prognosis, and recovery in youth and to inform the creation of guidelines for the management of short- and long-term sequelae of concussion in youth; (2) studies to assess short- and long-term cognitive, emotional, behavioral, neurobiological, and neuropathological consequences of concussions and repetitive head impacts over a life span; and (3) research on age- and sex-related biomechanical determinants of injury risk for concussion in youth. Directs the Secretary of Defense to conduct a scientific evaluation of the effectiveness of techniques, rules, and playing, practice, and training standards in reducing concussions and sequelae for sports and physical training at military service academies and for military personnel. Calls for the National Collegiate Athletic Association to undertake a scientific evaluation of the effectiveness of age-appropriate techniques, rules, and playing and practice standards in reducing sports-related concussions and sequelae. Requires: (1) the Director of NIH to maintain a national brain tissue and biological sample repository to collect, archive, and distribute material for research on concussions; (2) such Director and the Secretary of Defense to develop standards, best practices, and guidelines for the rules of play and training, respectively, for sports, athletic, and military training and engagement that are designed to prevent or reduce the incidence of concussions and that include standards for effective protective equipment and recommendations on impact-monitoring systems; and (3) the Director of CDC to develop and disseminate to the public information regarding concussions. Establishes a Concussion Research Commission, which shall study the programs and activities conducted pursuant to this Act and formulate systemic recommendations to increase knowledge about, and change the culture surrounding, concussions. | {"src": "billsum_train", "title": "Concussion Awareness and Education Act of 2014"} | 2,925 | 625 | 0.574529 | 1.896335 | 0.665409 | 6.468627 | 5.256863 | 0.962745 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Affordable Health Care
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) More than 43,000,000 Americans currently lack health
insurance.
(2) The great majority of the uninsured are members of
families with at least 1 full-time worker.
(3) Nearly half of the uninsured workers are in firms with
fewer than 25 employees.
(4) Small employers generally face higher costs for health
insurance than do larger firms, which makes small firms less
likely to offer coverage.
(5) According to the Congressional Budget Office, only 42
percent of small-firm establishments with fewer than 50
employees offer health insurance to their employees.
(6) The smaller the firm size, the less likely it is to
offer coverage. According to the Employee Benefit Research
Institute (EBRI), in 1998, among private sector workers in
firms with fewer than 10 employees, 27.4 percent received
health insurance from their employers in their own name,
compared with 66.5 percent of workers in firms with 1,000 or
more employees.
(b) Purpose.--The purpose of this Act is to provide new tax
incentives to make health insurance more affordable for small
businesses, thus encouraging those businesses that do not currently
offer health insurance to do so and discouraging businesses that
currently do offer heatlh insurance from dropping coverage because of
rising costs.
SEC. 3. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES.
(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:
``SEC. 45E. EMPLOYEE HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of an
employer, the employee health insurance expenses credit determined
under this section is an amount equal to the applicable percentage of
the amount paid by the taxpayer during the taxable year for qualified
employee health insurance expenses.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is equal to--
``(1) 50 percent in the case of an employer with less than
10 employees, and
``(2) 30 percent in the case of an employer with more than
9 but less than 26 employees.
``(c) Per Employee Dollar Limitation.--The amount of qualified
employee health insurance expenses taken into account under subsection
(a) with respect to any qualified employee for any taxable year shall
not exceed--
``(1) $2,000 in the case of self-only coverage, and
``(2) $4,000 in the case of family coverage (as so
defined).
``(d) Special Rules and Definitions.--For purposes of this
section--
``(1) Determination of employment.--
``(A) In general.--An employer shall be considered
an employer described in paragraph (1) or (2) of
subsection (b) if such employer employed an average of
the number of employees described in such paragraph on
business days during either of the 2 preceding calendar
years. For purposes of the preceding sentence, a
preceding calendar year may be taken into account only
if the employer was in existence throughout such year.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the 1st preceding calendar year,
the determination under subparagraph (A) shall be based
on the average number of employees that it is
reasonably expected such employer will employ on
business days in the current calendar year.
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage to the extent
such amount is attributable to coverage provided to any
employee while such employee is a qualified employee.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
section 9832(b)(1).
``(3) Qualified employee.--
``(A) In general.--The term `qualified employee'
means, with respect to any period, an employee of an
employer if the total amount of wages paid or incurred
by such employer to such employee at an annual rate
during the taxable year is not less than $5,000.
``(B) Treatment of certain employees.--For purposes
of subparagraph (A), the term `employee'--
``(i) shall not include an employee within
the meaning of section 401(c)(1), but
``(ii) shall include a leased employee
within the meaning of section 414(n).
``(C) Wages.--The term `wages' has the meaning
given such term by section 3121(a) (determined without
regard to any dollar limitation contained in such
section).
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
qualified employee health insurance expenses taken into account under
subsection (a).''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (12),
by striking the period at the end of paragraph (13) and inserting ``,
plus'', and by adding at the end the following:
``(14) the employee health insurance expenses credit
determined under section 45E.''.
(c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(10) No carryback of section 45e credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45E may be carried
back to a taxable year ending before January 1, 2002.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45E. Employee health insurance
expenses.''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2001.
SEC. 4. DEDUCTION FOR HEALTH AND LONG-TERM CARE INSURANCE COSTS OF
INDIVIDUALS NOT PARTICIPATING IN EMPLOYER-SUBSIDIZED
HEALTH PLANS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 222
as section 223 and by inserting after section 221 the following new
section:
``SEC. 222. HEALTH AND LONG-TERM CARE INSURANCE COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the applicable percentage of
the amount paid during the taxable year for insurance which constitutes
medical care for the taxpayer and the taxpayer's spouse and dependents.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage shall be determined in accordance with the
following table:
``For taxable years beginning
The applicable
in calendar year--
percentage is--
2002, 2003, 2004....................................... 25
2005 and 2006.......................................... 50
2007 and thereafter.................................... 100.
``(c) Limitation Based on Other Coverage.--
``(1) Coverage under certain subsidized employer plans.--
``(A) In general.--Subsection (a) shall not apply
to any taxpayer for any calendar month for which the
taxpayer participates in any health plan maintained by
any employer of the taxpayer or of the spouse of the
taxpayer if 50 percent or more of the cost of coverage
under such plan (determined under section 4980B and
without regard to payments made with respect to any
coverage described in subsection (e)) is paid or
incurred by the employer.
``(B) Employer contributions to cafeteria plans,
flexible spending arrangements, and medical savings
accounts.--Employer contributions to a cafeteria plan,
a flexible spending or similar arrangement, or a
medical savings account which are excluded from gross
income under section 106 shall be treated for purposes
of subparagraph (A) as paid by the employer.
``(C) Aggregation of plans of employer.--A health
plan which is not otherwise described in subparagraph
(A) shall be treated as described in such subparagraph
if such plan would be so described if all health plans
of persons treated as a single employer under
subsections (b), (c), (m), or (o) of section 414 were
treated as one health plan.
``(D) Separate application to health insurance and
long-term care insurance.--Subparagraphs (A) and (C)
shall be applied separately with respect to--
``(i) plans which include primarily
coverage for qualified long-term care services
or are qualified long-term care insurance
contracts, and
``(ii) plans which do not include such
coverage and are not such contracts.
``(2) Coverage under certain federal programs.--
``(A) In general.--Subsection (a) shall not apply
to any amount paid for any coverage for an individual
for any calendar month if, as of the first day of such
month, the individual is covered under any medical care
program described in--
``(i) title XVIII, XIX, or XXI of the
Social Security Act,
``(ii) chapter 55 of title 10, United
States Code,
``(iii) chapter 17 of title 38, United
States Code,
``(iv) chapter 89 of title 5, United States
Code, or
``(v) the Indian Health Care Improvement
Act.
``(B) Exceptions.--
``(i) Qualified long-term care.--
Subparagraph (A) shall not apply to amounts
paid for coverage under a qualified long-term
care insurance contract.
``(ii) Continuation coverage of fehbp.--
Subparagraph (A)(iv) shall not apply to
coverage which is comparable to continuation
coverage under section 4980B.
``(d) Long-Term Care Deduction Limited to Qualified Long-Term Care
Insurance Contracts.--In the case of a qualified long-term care
insurance contract, only eligible long-term care premiums (as defined
in section 213(d)(10)) may be taken into account under subsection (a).
``(e) Deduction Not Available for Payment of Ancillary Coverage
Premiums.--Any amount paid as a premium for insurance which provides
for--
``(1) coverage for accidents, disability, dental care,
vision care, or a specified illness, or
``(2) making payments of a fixed amount per day (or other
period) by reason of being hospitalized.
shall not be taken into account under subsection (a).
``(f) Special Rules.--
``(1) Coordination with deduction for health insurance
costs of self-employed individuals.--The amount taken into
account by the taxpayer in computing the deduction under
section 162(l) shall not be taken into account under this
section.
``(2) Coordination with medical expense deduction.--The
amount taken into account by the taxpayer in computing the
deduction under this section shall not be taken into account
under section 213.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including regulations
requiring employers to report to their employees and the Secretary such
information as the Secretary determines to be appropriate.''.
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of the Internal Revenue Code
of 1986 is amended by inserting after paragraph (17) the following new
item:
``(18) Health and long-term care insurance costs.--The
deduction allowed by section 222.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the last item and inserting the following new
items:
``Sec. 222. Health and long-term care
insurance costs.
``Sec. 223. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 5. DEDUCTION FOR 100 PERCENT OF HEALTH INSURANCE COSTS OF SELF-
EMPLOYED INDIVIDUALS.
(a) In General.--Paragraph (1) of section 162(l) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Allowance of deduction.--In the case of an individual
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to 100 percent of the amount paid during the
taxable year for insurance which constitutes medical care for
the taxpayer and the taxpayer's spouse and dependents.''.
(b) Clarification of Limitations on Other Coverage.--The first
sentence of section 162(l)(2)(B) of the Internal Revenue Code of 1986
is amended to read as follows: ``Paragraph (1) shall not apply to any
taxpayer for any calendar month for which the taxpayer participates in
any subsidized health plan maintained by any employer (other than an
employer described in section 401(c)(4)) of the taxpayer or the spouse
of the taxpayer.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Access to Affordable Health Care Act - Amends the Internal Revenue Code to provide: (1) in the case of an employer, for an employee health insurance expenses credit; and (2) in the case of an individual (including the self-employed), for the deduction of 100 percent of the cost of medical care insurance. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide new tax incentives to make health insurance more affordable for small businesses, and for other purposes."} | 3,259 | 64 | 0.477004 | 1.117795 | 0.635537 | 3.184615 | 44.692308 | 0.969231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Streamlining of Energy
Facilities Act of 2001''.
SEC. 2. ENVIRONMENTAL REVIEW OF ENERGY FACILITIES.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended by adding at the end the following:
``SEC. 106. ENVIRONMENTAL REVIEW OF ENERGY FACILITIES.
``(a) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means a person that
applies for an authorization required under Federal law for an
energy facility.
``(2) Authorization.--The term `authorization' means a
license, permit, or other form of approval for a construction,
operation, or maintenance activity.
``(3) Energy facility.--The term `energy facility' means a
facility used in the generation, transmission, or distribution
of electricity, or the production or delivery of coal, natural
gas, or other form of energy, for which an authorization issued
by 1 or more Federal agencies is required under Federal law.
``(4) Integrated review process.--The term `integrated
review process' means the coordinated environmental review and
authorization process described in subsection (c)(2)(B) for
construction, operation, or maintenance of an energy facility.
``(5) Lead agency.--The term `lead agency' means the
Federal agency designated under subsection (c)(1) to conduct
the environmental review and prepare the environmental review
documents required under this Act for construction, operation,
or maintenance of an energy facility.
``(6) Participating agency.--The term `participating
agency' means a Federal agency that has the authority to issue
an authorization for an energy facility under Federal law, or
to participate in an environmental review relating to
construction, operation, or maintenance of the energy facility,
but that is not the lead agency with respect to the
construction, operation, or maintenance of the energy facility.
``(b) Purpose.--The purpose of this section is to promote the
timely completion of Federal environmental reviews relating to
construction, operation, or maintenance of energy facilities consistent
with the public safety, efficiency, and socioeconomic values of--
``(1) this Act; and
``(2) other Federal laws that further the purposes of this
Act.
``(c) Integrated Review Process.--
``(1) Designation of lead agency.--
``(A) Single responsible federal agency.--In any
case in which a single Federal agency has primary
authority to issue an overall authorization for an
energy facility under Federal law (such as the Federal
Energy Regulatory Commission with respect to interstate
natural gas pipelines), that Federal agency shall be
the lead agency in conducting the environmental review
and preparing all environmental review documents
required under this Act for construction, operation, or
maintenance of the energy facility.
``(B) Multiple responsible federal agencies.--If
more than 1 Federal agency has the authority to issue
an authorization for an energy facility under Federal
law--
``(i) the applicant may request that the
Federal agencies with that authority designate
a lead agency to conduct the environmental
review and prepare the environmental review
documents required under this Act for
construction, operation, or maintenance of the
energy facility; and
``(ii)(I) the Federal agencies shall
jointly designate 1 of the Federal agencies as
the lead agency; or
``(II) if the Federal agencies do not make
a joint designation under subclause (I) by the
date that is 30 days after the date of the
request by the applicant under clause (i), the
Council on Environmental Quality established by
title II shall designate 1 of the Federal
agencies as the lead agency.
``(2) Federal agency responsibilities.--
``(A) Single environmental review.--
``(i) Duties of lead agency.--The lead
agency shall conduct the environmental review
and prepare the environmental review documents
required under this Act for construction,
operation, or maintenance of the energy
facility.
``(ii) Duties of participating agencies.--
Each participating agency with respect to the
energy facility shall--
``(I) provide input to the lead
agency, focusing on direct project
impacts and submitting data based
on sound science necessary to substantiate that input; and
``(II) in issuing the authorization
for which the participating agency has
authority, rely on the environmental
review conducted and the environmental
review documents prepared by the lead
agency for the energy facility.
``(B) Integration of federal environmental review
and authorization process.--
``(i) In general.--In consultation with
each participating agency, the lead agency
shall--
``(I) develop and implement a
coordinated and timely environmental
review process for construction,
operation, or maintenance of an energy
facility; and
``(II) ensure, to the maximum
extent practicable, the integration
with that environmental review process
of all relevant Federal, State, and
local authorization requirements for
the energy facility.
``(ii) Activities to be integrated.--The
integrated review process shall integrate--
``(I) the preparation of an
environmental impact statement under
this Act, or, at the discretion of the
lead agency, the preparation of an
environmental assessment under this
Act, if such a statement or assessment
is required under this Act; and
``(II) the conduct of any other
review, analysis, opinion, or
determination, and the issuance of any
authorization, required under Federal
law.
``(C) Deadlines.--
``(i) Establishment by lead agency.--The
lead agency shall establish deadlines for--
``(I) completion of environmental
reviews and environmental review
documents required under this Act for
construction, operation, or maintenance
of an energy facility; and
``(II) issuance of all
authorizations required under Federal
law for the energy facility.
``(ii) Compliance by participating
agencies.--Each participating agency with
respect to the energy facility shall comply
with the deadlines established under clause
(i).
``(iii) Minimization of duplication and
delays.--The integrated review process shall
seek to minimize--
``(I) duplication of activities
carried out by the lead agency and the
participating agencies; and
``(II) delays in decisionmaking by
those agencies.
``(D) Communication between agencies.--
``(i) Duties of lead agency.--As soon as
practicable after the owner or operator of an
energy facility submits to the lead agency
written notice that the owner or operator is
developing an application for an authorization
for the energy facility, but not later than 45
days after the date on which the owner or
operator submits the application to the lead
agency, the lead agency shall--
``(I) identify each participating
agency;
``(II) notify each participating
agency of the development of the
application and of the role of the lead
agency;
``(III) request input by each
participating agency concerning the
application; and
``(IV) enter into a memorandum of
understanding with all participating
agencies concerning the issues to be
considered by the lead agency and the
participating agencies in conducting
the integrated review process with
respect to the application.
``(ii) Duties of participating agencies.--
Unless otherwise required by law (including a
regulation), each participating agency shall--
``(I) communicate with the lead
agency at the earliest practicable time
concerning any potential impediment to
the issuance of the authorization to
the applicant;
``(II) commit to early and
continuous involvement and concurrence
at key decision points as determined by
the lead agency; and
``(III) refrain from raising any
additional issues with respect to an
application after the date of execution
of the memorandum of understanding
concerning the application under clause
(i)(IV).
``(3) Public participation.--
``(A) In general.--The lead agency, in conjunction
with the Governor of each State affected by an
application for an authorization for an energy
facility--
``(i) shall provide for early environmental
screening to identify and address any
environmental concern associated with the
authorization for the energy facility; and
``(ii) to the extent practicable, shall
ensure maximum public participation at the
beginning of the integrated review process.
``(B) Presentation of information.--Under
subparagraph (A)(ii), the lead agency shall ensure that
the presentation of environmental information to the
public is comprehensive, informative, and
understandable.
``(4) Dispute resolution.--If, after timely compliance with
a deadline established under this subsection, the lead agency
finds that an environmental concern relating to an
authorization for an energy facility over which a participating
agency has jurisdiction under Federal law has not been
resolved, the Chairman of the Council on Environmental Quality,
in consultation with the lead agency and the head of the
participating agency, shall resolve the matter not later than
30 days after the date of the finding.
``(d) Delegation From Participating Agency to Lead Agency.--
Notwithstanding any other provision of law, with the agreement of the
lead agency, the head of any participating agency may delegate to the
lead agency the authority to issue any authorization for an energy
facility or a class of energy facilities.
``(e) Participation of State Agencies.--A State agency with
jurisdiction under State law over siting and construction of energy
facilities may elect to participate in an integrated review process
under the terms and conditions established by the lead agency for all
Federal agencies that participate in the integrated review process.
``(f) Federal Delegation to States.--At the request of a Governor
of a State, and with the concurrence of an applicant, the lead agency
may delegate to an appropriate State agency the authority to prepare an
environmental impact statement or an environmental assessment relating
to construction, operation, or maintenance of an energy facility if--
``(1) such a statement or assessment is required under this
Act;
``(2) the energy facility is located entirely within the
State and the State agency has statewide jurisdiction and
responsibility for preparation of environmental impact
statements and environmental assessments;
``(3) the responsible Federal official of the lead agency
provides guidance and participates in the preparation of the
environmental impact statement or environmental assessment by
the State agency;
``(4) the responsible Federal official independently
evaluates any environmental impact statement or environmental
assessment prepared by the State agency before the statement or
assessment is approved; and
``(5) the responsible Federal official--
``(A) provides early notification to and solicits
the views of any other affected State or any affected
Federal land management entity of any action or
alternative to the action that may have a significant
impact on the State or Federal land management entity;
and
``(B) if the State agency disagrees with the
assessment of the responsible Federal official with
respect to an impact described in subparagraph (A),
prepares a written assessment of the impact for
incorporation into the environmental impact statement
or environmental assessment prepared by the State
agency.
``(g) Financial Assistance.--To ensure that the policies of this
Act and other laws that further the purposes of this Act are most
effectively implemented, the lead agency may make funds available to
the Governor of a State that assumes responsibility for environmental
review that would otherwise be conducted by the lead agency.
``(h) Preemption.--Nothing in this section preempts any State law
relating to siting or construction of energy facilities.''. | Environmental Streamlining of Energy Facilities Act of 2001 - Amends the National Environmental Policy Act of 1969 to establish an integrated review process for the environmental review required for construction, operation, and maintenance of energy facilities for which an authorization (license, permit, or other form of approval) is required to be issued under Federal law.Includes in the process the following components: (1) designation of a lead agency and delineation of lead agency and participating agency responsibilities; (2) integration of the preparation of environmental impact statements or assessments and the conduct of any other review or determination, and the issuance of any authorization, required under Federal law; (3) public participation requirements; (4) procedures for resolution of environmental concerns that have not been resolved; (5) guidelines for participation of State agencies in the review and delegation to them of authority to prepare environmental impact statements or assessments; and (6) financial assistance to States that assume responsibility for environmental review that would otherwise be conducted by the lead agency. | {"src": "billsum_train", "title": "A bill to amend the National Environmental Policy Act of 1969 to improve the environmental review process that is associated with authorizations required under Federal law for construction, operation, or maintenance of energy facilities."} | 2,483 | 199 | 0.662558 | 1.786598 | 1.094921 | 3.564103 | 12.389744 | 0.928205 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Right to Equitable Means of
Ensuring Damages for Injuries are Efficiently Secured Act of 2010'',
also known as the ``REMEDIES Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Deepwater Horizon explosion and its collapse in the
Gulf of Mexico resulted in the largest environmental disaster
in United States History;
(2) the incident led to 11 deaths, 17 serious injuries,
permanent damage and injury to wildlife and the environment,
and greatly impaired the tourism, fishing, shrimping,
oystering, and oil industries in Gulf Coast communities;
(3) in the 72 days since the explosion, over 80,000,000
gallons of crude oil has leaked into the Gulf;
(4) the full extent of the material, economic, and
environmental damage caused by the Gulf Coast oil spill
incident is expected to total in the tens of billions of
dollars;
(5) under current law, many of the victims may not be able
to receive full and complete compensation for the loss of their
loved ones, their livelihoods, or the damage to our natural
resources;
(6) lax permitting standards on the part of Federal
agencies enabled such disaster; and
(7) the independent compensation apparatus set up by BP plc
has been inadequate.
SEC. 3. LIABILITY UNDER OIL POLLUTION ACT OF 1990.
(a) Increase in Liability Limitations Under Oil Pollution Act of
1990.--Section 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(a)) is amended--
(1) in paragraph (1)(A) by striking ``$3,000'' and
inserting ``$6,000'';
(2) in paragraph (1)(B) by striking ``$1,900'' and
inserting ``$3,800'';
(3) in paragraph (1)(C)(i)(I) by striking ``$22,000,000''
and inserting ``$44,000,000'';
(4) in paragraph (1)(C)(i)(II) by striking ``$16,000,000''
and inserting ``$32,000,000'';
(5) in paragraph (1)(C)(ii)(I) by striking ``$6,000,000''
and inserting ``$12,000,000'';
(6) in paragraph (1)(C)(ii)(II) by striking ``$4,000,000''
and inserting ``$8,000,000'';
(7) in paragraph (2) by striking ``$800,000'' and inserting
``$1,600,000'';
(8) in paragraph (3) by striking ``$75,000,000'' and
inserting ``$300,000,000''; and
(9) in paragraph (4) by striking ``$75,000,000'' and
inserting ``$150,000,000''.
(b) Tiered Liability.--Section 1004 of the Oil Pollution Act of
1990 (33 U.S.C. 2704) is amended by adding at the end the following:
``(e) Excess Liability.--
``(1) In general.--The President shall pay to any person to
whom a responsible party is liable under this Act the amount of
any such liability that is not recoverable from the responsible
party because of the application of the limitations under
subsection (a).
``(2) Payment from trust fund.--The President shall pay the
amount referred to in paragraph (1)--
``(A) first from the Trust Fund, except that the
amount paid under this subparagraph shall not exceed
$10,300,000,000 for any incident; and
``(B) after payment under subparagraph (A), from
amounts received by the United States as a levy under
paragraph (3).
``(3) Imposition of levy.--The President may establish,
assess, and collect from persons in the oil industry a levy to
recover the amount of liability to be paid under paragraph
(2)(B) for an incident.''.
(c) This section will not be retroactive.
SEC. 4. AMENDMENTS RELATING TO OIL SPILL LIABILITY TRUST FUND.
(a) Increase in Size of the Oil Spill Liability Trust Fund.--
Paragraph (1) of section 4611(f) of the Internal Revenue Code of 1986
is amended by striking ``$2,000,000,000'' and inserting
``$10,000,000,000''.
(b) Increase in Per-Incident Cleanup Cap.--Subparagraph (A) of
section 9509(c)(2) of such Code is amended--
(1) by striking ``$1,000,000,000'' both places it appears
in the heading and text and inserting ``$10,000,000,000'', and
(2) in clause (ii) by striking ``$500,000,000'' and
inserting ``$5,000,000,000''.
(c) Increase in Tax.--Subparagraph (B) of section 4611(c)(2) of
such Code is amended--
(1) in clause (i) by striking ``8 cents'' and inserting
``30 cents'', and
(2) in clause (ii) by striking ``9 cents'' and inserting
``40 cents''.
(d) Repeal of Sunset of Oil Spill Liability Trust Fund Financing
Rate.--Section 4611(f) of such Code is amended--
(1) by striking paragraph (2), and
(2) by striking ``(1) In general.--Except'' and inserting
``Except''.
(e) Update Expenditures From Trust Fund.--Subsection (f) of section
9509 of such Code is amended by striking ``the date of the enactment of
this subsection'' and inserting ``the date of the enactment of the
Omnibus Right to Equitable Means of Ensuring Damages for Injuries are
Efficiently Secured Act of 2010''.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and these amendments
will not be retroactive.
SEC. 5. AMENDMENT TO JONES ACT.
(a) In General.--Section 30104 of title 46, United States Code, is
amended--
(1) in the section heading, by striking ``seamen''
inserting ``covered maritime employees'';
(2) by striking ``seaman'' each place it appears and
inserting ``covered maritime employee'';
(3) by striking ``personal representative of'' and
inserting ``spouse, parent, child, sibling, or dependent
relative of'';
(4) by inserting ``or any person whose act or omission was
a cause of the injury or death'' after ``the employer'';
(5) by inserting ``(a) In General'' before the first
sentence; and
(6) by adding at the end of the section the following:
``(b) Covered Maritime Employee Defined.--In this section the term
`covered maritime employee' means--
``(1) a seaman; or
``(2) an individual employed on an offshore facility (as
that term is defined in section 1001 of the Oil Pollution Act
of 1990 (33 U.S.C. 2701)) or a mobile offshore drilling
unit.''.
(b) Conforming Amendment.--The chapter analysis at the beginning of
chapter 301 of title 46, United States Code, is amended by striking the
item relating to such section and inserting the following:
``30104. Personal injury or death of covered maritime employee.''.
SEC. 6. AMENDMENTS TO DEATH ON THE HIGH SEAS ACT.
The Death on the High Seas Act (chapter 303 of title 46, United
States Code), is amended--
(1) by striking ``personal representative'' each place it
appears and inserting ``spouse, parent, child, sibling, or
dependent relative'';
(2) in section 30303--
(A) by inserting ``and nonpecuniary loss'' after
``pecuniary loss'';
(B) by striking ``by'' and all that follows through
the end, and inserting ``, plus a fair compensation for
the decedent's pain and suffering, and may include
punitive damages if the death resulted from gross
negligence or willful misconduct of the defendant.'';
and
(C) by adding at the end the following: ``In this
section, the term `nonpecuniary loss' means loss of
care, comfort, and companionship.''; and
(3) in section 30306, by inserting ``(a)'' before the first
sentence, and by adding at the end of the section the
following:
``(b) Restriction on Recovery by Noncitizen and Nonresident Alien
Workers for Incidents Arising During International Voyages of Foreign
Vessels.--
``(1) In general.--Except as provided in paragraph (2), a
civil action for maintenance and cure for damages for personal
injury or death may not be brought under a maritime law of the
United States if--
``(A) the individual suffering the injury or death
was not a citizen or permanent resident alien of the
United States at the time of the incident giving rise
to the action; and
``(B) the incident occurred during an international
voyage of a vessel, duly registered under the laws of a
foreign nation, upon which the individual suffering the
injury or death was employed.
``(2) Nonapplication.--Paragraph (1) does not apply if the
individual bringing the action establishes that a remedy is not
available under the laws of--
``(A) the country in which the vessel is
registered; or
``(B) the country in which the individual suffering
the injury or death maintained citizenship or residency
at the time of the incident.''.
SEC. 7. REQUIREMENT FOR REDUNDANCY IN RESPONSE PLANS.
(a) Requirement.--Section 311(j)(5)(D) of the Federal Water
Pollution Control Act (33 U.S.C. 1331(j)(5)(D)) is amended by
redesignating clauses (v) and (vi) as clauses (vii) and (viii), and by
inserting after clause (iv) the following new clauses:
``(v) include redundancies that specify
response actions that will be taken if other
response actions specified in the plan fail;
``(vi) be vetted by impartial experts;''.
(b) Condition of Permit.--The Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.) is amended by adding at the end the following new
section:
``SEC. 32. RESPONSE PLAN REQUIRED FOR PERMIT OR LICENSE AUTHORIZING
DRILLING FOR OIL AND GAS.
``The Secretary may not issue any license or permit authorizing
drilling for oil and gas on the outer Continental Shelf unless the
applicant for the license or permit has a response plan approved under
section 311(j)(5)(D) of the Federal Water Pollution Control Act (33
U.S.C. 1331(j)(5)(D)) for the vessel or facility that will be used to
conduct such drilling.''.
SEC. 8. SUSPENSION OF DRILLING PERMIT FOR EXCESSIVE OSHA OR OTHER
SAFETY VIOLATIONS.
Section 5(a)(1)(B) of the Outer Continental Shelf Lands Act (43
U.S.C. 1334(a)(1)(B)) is amended by inserting after ``human
environment'' the following: ``, including in any case in which 5 or
more violations of the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.), the regulations under that Act, or other safety
laws or regulations occur in operations under the lease or permit
within a 1-year period''.
SEC. 9. PROCESSING OF CLAIMS BY RESPONSIBLE PARTIES.
Section 1013 of the Oil Pollution Act of 1990 (33 U.S.C. 2713) is
amended by adding at the end the following new subsection:
``(g) Processing of Claims by Responsible Parties.--In processing
claims under this section for loss of income, a responsible party
shall--
``(1) consider claims for loss of income according to
categories of business of the claimants;
``(2) make determinations based on the unique practices
within each category; and
``(3) treat fisherman as a separate category.''.
SEC. 10. CLASS ACTION FAIRNESS ACT.
Title 28, United States Code, is amended--
(1) in section 1711(2), by inserting ``, but does not
include an action brought by a State or subdivision of a State
on behalf of its citizens'' before the period; and
(2) in section 1332(d)(1)(B), by inserting ``, but does not
include an action brought by a State or subdivision of a State
on behalf of its citizens'' before the semicolon.
SEC. 11. MULTI-PARTY LITIGATION.
Section 1407 of title 28, United States Code, is amended by adding
at the end the following:
``(i) This section does not apply to any action--
``(1) under chapter 301 of title 46, United States Code
(commonly called the Jones Act);
``(2) under the Death on the High Seas Act (chapter 303 of
title 46, United States Code); or
``(3) brought by a State or a subdivision of a State on
behalf of its citizens.''.
SEC. 12. INDEPENDENT CLAIMS SYSTEM.
The Secretary of Homeland Security shall have the authority to
require any entity that is liable for damages under the Oil Pollution
Act of 1990 (33 U.S.C. 2701 et seq.) to establish an independent claims
system for all claims under that Act and for any other claims against
such entity in regard to the same incident that gave rise to that
liability. Such system shall include a categorization of claimants
according to the type of loss for which the claim is made and
guidelines for the type of proof necessary based on the category
involved.
SEC. 13. EMERGENCY OIL SPILL COORDINATION TEAM.
The President shall establish an emergency oil spill coordination
team that includes the Commandant of the Coast Guard, the Administrator
of the Environmental Protection Agency, the Secretary of Energy, the
Secretary of Commerce, the Secretary of the Interior, and chief of the
Army Corps of Engineers, to respond to oil spills in the United States.
In addition, the President shall establish the chain of command for
such team.
SEC. 14. RESEARCH AND DEVELOPMENT TEAM.
The President shall appoint a research and development team to
review and recommend new technologies that prevent oil spills,
especially deep water drilling oil spills. The oil industry shall
establish a $1,000,000,000 research and development fund to develop the
latest technologies related to oil spill recovery, remediation, and
cleanup. The team shall be comprised of representatives of government,
industry, research, and academia who have expertise in research and
development activities regarding deep water oil drilling.
SEC. 15. PTSD COUNSELING.
The Secretary of Homeland Security shall make extensive post-
traumatic stress disorder counseling available to victims of
significant oil spill disasters, including indirect victims suffering
severe economic damages.
SEC. 16. PANEL OF EXPERTS TO ASSESS AND EVALUATE THE LONG-TERM
ENVIRONMENTAL IMPACTS OF THE GULF OIL SPILL.
The Administrator of the Environmental Protection Agency shall
establish a panel of experts to assess and evaluate the long-term
environmental impacts of the oil spill in the Gulf of Mexico resulting
from the explosion on and sinking of the mobile offshore drilling unit
Deepwater Horizon.
SEC. 17. ESTABLISHMENT OF A LIABILITY STRUCTURE.
The President shall issue regulations that establish limitations on
liability under the Oil Pollution Act of 1990 that are substantially
similar to the limitations established by section 170 of the Act of
August 1, 1946 (ch. 724; 42 U.S.C. 2210), popularly known as the Price-
Anderson Act. Such regulations shall apply with respect to such
liability in lieu of any limitation on liability established by the Oil
Pollution Act of 1990. This section shall not be retroactive.
SEC. 18. EFFECTIVE DATE.
This Act shall take effect April 15, 2010. | Omnibus Right to Equitable Means of Ensuring Damages for Injuries are Efficiently Secured Act of 2010 or the REMEDIES Act - Amends the Oil Pollution Act of 1990 to: (1) increase (doubling, in most cases) the limits on the total of the liability of, and the removal costs incurred by or on behalf of, the party responsible for a vessel or facility from which oil is discharged into or upon navigable waters, adjoining shorelines, or the exclusive economic zone; and (2) require the President to pay any person to whom a responsible party is liable under such Act the amount of such liability that is not recoverable from the responsible party because of such limitations. Requires the President to pay such amounts: (1) first from the Oil Spill Liability Trust Fund up to a specified limit for any incident; and (2) then from amounts that may be received by the United States as a levy on persons in the oil industry to recover the remaining amount of such liability.
Amends the Internal Revenue Code to: (1) increase from $2 billion to $10 billion the level of the unobligated balance in such Fund at which the Fund financing rate becomes applicable; (2) increase the per incident limit on expenditures from the Fund from $1 billion to $10 billion for cleanup of oil spills and from $500 million to $5 billion for natural resource damage assessments and claims; and (3) increase and make permanent the Fund financing rate.
Applies the Jones Act to individuals employed on an offshore facility and authorizes such an individual or a seaman injured in the course of employment, or such person's surviving spouse, parent, child, sibling, or dependent relative, to bring an action against the employer or any person whose act or omission was a cause of the injury or death.
Amend the Deaths on the High Seas Act to revise provisions concerning civil actions to allow for recovery by the decedent's surviving spouse, parent, child, sibling, or dependent relative of: (1) punitive damages in cases of gross negligence or willful misconduct; (2) nonpecuniary damages; and (3) compensation for the decedent's pain and suffering. Restricts recovery by noncitizens and nonresident alien workers for incidents arising during international voyages of foreign vessels.
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require vessel and facility response plans for responding to a worst case discharge of oil or a hazardous substance to: (1) include redundancies that specify response actions that will be taken if other actions specified in the plan fail; and (2) be vetted by impartial experts.
Amends the Outer Continental Shelf Lands Act to: (1) prohibit the Secretary of the Interior from issuing any license or permit authorizing drilling for oil and gas on the outer Continental Shelf unless the applicant has such a response plan approved for the vessel or facility that will conduct such drilling; and (2) authorize the suspension or temporary prohibition of operations under any license or permit if five or more violations of the Occupational Safety and Health Act of 1970 or other safety laws or regulations occur in such operations within one year.
Authorizes the Secretary of Homeland Security (DHS) to require any entity that is liable for damages under the Oil Pollution Act of 1990 to establish an independent claims system for all claims in regard to the same incident.
Requires the President to: (1) establish an emergency oil spill coordination team; (2) appoint a research and development team to review and recommend new technologies that prevent oil spills, especially deep water drilling oil spills; and (3) issue regulations that establish limitations on liability under the Oil Pollution Act of 1990 that are substantially similar to the limitations established by the Price-Anderson Act.
Requires: (1) the oil industry to establish a $1 billion research and development fund to develop the latest technologies related to oil spill recovery, remediation, and cleanup; (2) the DHS Secretary to make extensive post-traumatic stress disorder counseling available to victims of significant oil spill disasters; and (3) the Administrator of the Environmental Protection Agency (EPA) to establish a panel of experts to evaluate the long-term environmental impacts of the oil spill in the Gulf of Mexico resulting from the explosion on and sinking of Deepwater Horizon.
Makes this Act effective on April 15, 2010. | {"src": "billsum_train", "title": "To provide equitable means for ensuring that damages for injuries are efficiently secured, and for other purposes."} | 3,714 | 923 | 0.50182 | 1.851046 | 0.738005 | 4.232311 | 3.778302 | 0.904481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right-to-Know Act
of 2007''.
SEC. 2. DISCLOSURE OF FIRE SAFETY OF CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(N);
(B) by striking the period at the end of
subparagraph (O) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in the first academic year that begins after
the date of enactment of the Campus Fire Safety Right-to-Know
Act of 2007, and each year thereafter--
``(A) prepare, publish, and distribute, through
appropriate publications (including the Internet) or
mailings, to all current students and employees, and to
any applicant for enrollment or employment upon
request, an annual fire safety report, which shall
contain information with respect to the campus fire
safety practices and standards of that institution,
including:
``(i) a statement that identifies each
student housing facility owned or controlled by
the institution, and whether each such facility
is equipped with a full fire sprinkler system
or other fire safety systems, fire escape
planning or protocols, or both;
``(ii) statistics for each student housing
facility concerning the occurrence of fires and
unwanted and false alarms in each such
facility, during the 2 preceding calendar years
for which data are available;
``(iii) for each such occurrence in
facilities described in clauses (i) and (ii), a
summary of the human injuries or deaths,
structural and property damage, or combination
thereof;
``(iv) information regarding rules on
portable electrical appliances, smoking and
open flames (such as candles), regular
mandatory supervised fire drills, and planned
and future improvements in fire safety; and
``(v) information about fire safety
education and training provided to students,
faculty, and staff; and
``(B) submit to the Secretary a copy of the
statistics required to be made available under
subparagraph (A)(ii).
``(2) Fraternities, sororities, and other student groups
that own, control, or occupy housing facilities.--
``(A) Reports by organizing bodies.--Each
institution participating in a program under this title
shall, as a condition of recognizing and permitting the
operation of any fraternity, sorority, or other student
group that is recognized by the institution and that
owns, controls, or occupies student housing facilities,
require the national organizing body of such
fraternity, sorority, or other student group, beginning
in the first academic year that begins after the date
of enactment of the Campus Fire Safety Right-to-Know
Act of 2007, and each year thereafter--
``(i) to collect the information described
in subparagraph (A), for each building and
property that contains student housing
facilities and that is owned, controlled, or
occupied by the fraternity, sorority, or group,
respectively;
``(ii) beginning in the first academic year
that begins after the date of enactment of the
Campus Fire Safety Right-to-Know Act of 2007,
and each year thereafter, to prepare, publish,
and distribute, through appropriate
publications (including the Internet) or
mailings to all current members, and to any
interested party upon request, an annual fire
safety report in accordance with subparagraph
(B) of this paragraph; and
``(iii) to submit to the Secretary a copy
of the statistics described in paragraph
(1)(A)(ii) and required to be collected under
clause (i) of this subparagraph.
``(B) Contents of annual reports.--The annual fire
safety reports required under subparagraph (A)(ii) of
this paragraph shall contain the following:
``(i) Information concerning fire safety at
any student housing facilities owned or
controlled by the recognized fraternity,
sorority, or other student group required to be
collected under subparagraph (A)(i) of this
paragraph.
``(ii) A statement concerning whether and
how the recognized fraternity, sorority, or
other student group owning, controlling, or
occupying student housing facilities works with
hosting academic institutions to make buildings
and property owned or controlled by such
fraternities, sororities, or student groups
more fire safe.
``(3) Current information to campus community.--Each
institution participating in any program under this title shall
make, keep, and maintain a log, written in a form that can be
easily understood, recording all on-campus fires, including the
nature, date, time, and general location of each fire and all
unwanted and false fire alarms. All entries that are required
pursuant to this paragraph shall, except where disclosure of
such information is prohibited by law, be open to public
inspection, and each such institution shall make annual reports
to the campus community on such fires and unwanted and false
fire alarms in a manner that will aid the prevention of similar
occurrences.
``(4) Responsibilities of the secretary.--The Secretary
shall--
``(A) review the statistics submitted under
paragraph (1)(B) and paragraph (2)(A)(iii);
``(B) make such statistics submitted to the
Secretary available to the public; and
``(C) in coordination with nationally recognized
fire organizations and representatives of institutions
of higher education, identify exemplary fire safety
policies, procedures, programs, and practices and
disseminate information to the United States Fire
Administrator and make available to the public
information concerning those policies, procedures,
programs, and practices that have proven effective in
the reduction of campus fires.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, programs, or practices by
institutions of higher education with respect to fire safety,
other than with respect to the collection, reporting, and
dissemination of information required by this subsection.
``(6) Definitions.--In this subsection, the term `campus'
has the meaning provided in subsection (f)(6).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Within two years after the date of enactment of this Act, the
Secretary of Education shall prepare and submit to the Congress a
report containing--
(1) an analysis of the status of fire safety systems in
college and university facilities, including sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
student housing facilities up to the building codes in effect
at the time of the report;
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college and
university facilities, including recommendations for methods to
fund the cost described in paragraph (3); and
(5) examples of exemplary fire safety education and
training programs at colleges and universities and
recommendations for wide adoption of similar programs among
institutions of higher education. | Campus Fire Safety Right-to-Know Act of 2007 - Amends the Higher Education Act of 1965 to require each institution participating in any program under the Act to provide to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report containing specified information about the campus fire safety practices and standards of that institution.
Requires such institutions to: (1) record all on-campus fires, including the nature, date, time, and general location of each fire and all unwanted and false fire alarms; and (2) open such information to public inspection. Requires the institutions to report on such information annually to the campus community in a manner that will aid the prevention of similar occurrences.
Directs each institution to require the national organizing bodies of the fraternities, sororities, and other student groups they recognize to collect specified fire safety information for each student housing facility they own, control, or occupy and report such information to the Secretary of Education, all current members, and to any interested party upon request.
Requires the Secretary to report to Congress on fire safety systems and standards in institution and student housing facilities, and on exemplary fire safety education and training programs at such institutions. | {"src": "billsum_train", "title": "To provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes."} | 1,684 | 261 | 0.644399 | 1.869146 | 0.861365 | 5.095833 | 6.745833 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Udall-Eisenhower Arctic Wilderness
Act''.
SEC. 2. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--The Congress finds the following:
(1) Americans cherish the continued existence of expansive,
unspoiled wilderness ecosystems and wildlife found on their
public lands, and feel a strong moral responsibility to protect
this wilderness heritage as an enduring resource to bequeath
undisturbed to future generations of Americans.
(2) It is widely believed by ecologists, wildlife
scientists, public land specialists, and other experts that the
wilderness ecosystem centered around and dependent upon the
Arctic coastal plain of the Arctic National Wildlife Refuge,
Alaska, represents the very epitome of a primeval wilderness
ecosystem and constitutes the greatest wilderness area and
diversity of wildlife habitats of its kind in the United
States.
(3) President Dwight D. Eisenhower initiated protection of
the wilderness values of the Arctic coastal plain in 1960 when
he set aside 8,900,000 acres establishing the Arctic National
Wildlife Range expressly ``for the purpose of preserving unique
wildlife, wilderness and recreational values''.
(4) In 1980, when the Congress acted to strengthen the
protective management of the Eisenhower-designated area with
the enactment of the Alaska National Interest Lands
Conservation Act (Public Law 96-487), Representative Morris K.
Udall led the effort to more than double the size of the Arctic
National Wildlife Refuge and extend statutory wilderness
protection to most of the original area.
(5) Before the enactment of the Alaska National Interest
Lands Conservation Act, the House of Representatives twice
passed legislation that would have protected the entire
Eisenhower-designated area as wilderness, including the Arctic
coastal plain.
(6) A majority of Americans have supported and continue to
support preserving and protecting the Arctic National Wildlife
Refuge, including the Arctic coastal plain, from any industrial
development and consider oil and gas exploration and
development in particular to be incompatible with the purposes
for which this incomparable wilderness ecosystem has been set
aside.
(7) When the Arctic National Wildlife Refuge was
established in 1980 by paragraph (2) of section 303 of the
Alaska National Interest Lands Conservation Act (Public Law 96-
487; 94 Stat. 2390; 16 U.S.C. 668dd note), subparagraph
(B)(iii) of such paragraph specifically stated that one of the
purposes for which the Arctic National Wildlife Refuge is
established and managed would be to provide the opportunity for
continued subsistence uses by local residents, and, therefore,
the lands designated as wilderness within the Refuge, including
the area designated by this Act, are and will continue to be
managed consistent with such subparagraph.
(8) Canada has taken action to preserve those portions of
the wilderness ecosystem of the Arctic that exist on its side
of the international border and provides strong legal
protection for the habitat of the Porcupine River caribou herd
that migrates annually through both countries to calve on the
Arctic coastal plain.
(9) The extension of full wilderness protection for the
Arctic coastal plain within the Arctic National Wildlife Refuge
will still leave most of the North Slope of Alaska available
for the development of energy resources, which will allow
Alaska to continue to contribute significantly to meeting the
energy needs of the United States without despoiling the unique
Arctic coastal plain of the Arctic National Wildlife Refuge.
(b) Statement of Policy.--The Congress hereby declares that it is
the policy of the United States--
(1) to honor the decades of bipartisan efforts that have
increasingly protected the great wilderness ecosystem of the
Arctic coastal plain;
(2) to sustain this natural treasure for the current
generation of Americans; and
(3) to do everything possible to protect and preserve this
magnificent natural ecosystem so that it may be bequeathed in
its unspoiled natural condition to future generations of
Americans.
SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS, ARCTIC NATIONAL WILDLIFE
REFUGE, ALASKA.
(a) Designation.--A portion of the Arctic National Wildlife Refuge
in Alaska comprising approximately 1,559,538 acres, as generally
depicted on the map entitled ``Arctic National Wildlife Refuge, Coastal
Plain Proposed Wilderness'', dated October 20, 2015, labeled with Map
ID 03-0172, and available for inspection in the offices of the
Secretary of the Interior, is designated as a component of the National
Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131
et seq.).
(b) Administration.--The Secretary of the Interior shall administer
the area designated as wilderness by subsection (a) in accordance with
the Wilderness Act as part of the wilderness area already in existence
within the Arctic National Wildlife Refuge as of the date of the
enactment of this Act. | Udall-Eisenhower Arctic Wilderness Act This bill designates approximately 1,559,538 acres of land within Alaska in the Arctic National Wildlife Refuge (ANWR) as a component of the National Wilderness Preservation System. | {"src": "billsum_train", "title": "Udall-Eisenhower Arctic Wilderness Act"} | 1,046 | 53 | 0.554111 | 1.413542 | 0.343197 | 3.085714 | 27.4 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Facilities Clean Water
Compliance Act of 1999''.
SEC. 2. FEDERAL FACILITIES CLEAN WATER COMPLIANCE.
(a) Application of Certain Provisions to Federal Facilities.--
Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 1323)
is amended--
(1) by redesignating subsection (b) as subsection (d); and
(2) by striking subsection (a) and inserting the following:
``(a) Compliance.--
``(1) Definition of reasonable service charge.--In this
subsection, the term `reasonable service charge' includes--
``(A) a fee or charge assessed in connection with
the processing, issuance, renewal, or amendment of a
permit, review of a plan, study, or other document, or
inspection or monitoring of a facility; and
``(B) any other nondiscriminatory charge that is
assessed in connection with a Federal, State,
interstate, or local regulatory program concerning the
control and abatement of water pollution.
``(2) Requirement.--Each department, agency, and
instrumentality of the executive, legislative, or judicial
branch of the Federal Government that has jurisdiction over any
property or facility, or is engaged in any activity that
results, or that may result, in the discharge or runoff of a
pollutant shall be subject to, and shall comply with, all
Federal, State, interstate, and local substantive and
procedural requirements (including any requirement for a permit
or reporting, any provision for injunctive relief and such
sanctions as are imposed by a Federal or State court to enforce
the relief, and any requirement for the payment of a reasonable
service charge) concerning the control and abatement of water
pollution in the same manner, and to the same extent, as any
other person is subject to the requirements.
``(3) Waiver of sovereign immunity.--The United States
waives any immunity otherwise applicable to the United States
with respect to any substantive or procedural requirement
described in paragraph (2), including immunity from process in
an administrative or court action seeking--
``(A) injunctive relief;
``(B) imposition of a sanction referred to in this
subsection;
``(C) enforcement of an administrative order;
``(D) imposition of an administrative penalty or
fine; or
``(E) payment of a reasonable service charge.
``(4) Administrative orders and penalties.--The substantive
and procedural requirements described in paragraph (2) include
all administrative orders and all civil and administrative
penalties or fines, regardless of whether the penalties or
fines are punitive or coercive in nature or are imposed for
isolated, intermittent, or continuing violations.
``(5) Injunctive relief.--The United States (including any
agent, employee, or officer of the United States) shall not be
immune or exempt from any process or sanction of any State or
Federal court with respect to the enforcement of any injunctive
relief referred to in paragraph (2).
``(6) Civil penalties.--No agent, employee, or officer of
the United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local law
concerning the control and abatement of water pollution with
respect to any act or omission within the scope of the official
duties of the agent, employee, or officer.
``(7) Criminal penalties.--
``(A) Agents, employees, and officers.--An agent,
employee, or officer of the United States shall be
subject to a criminal sanction (including a fine or
imprisonment) under any Federal or State law concerning the control and
abatement of water pollution.
``(B) Departments, agencies, and
instrumentalities.--No department, agency, or
instrumentality of the executive, legislative, or
judicial branch of the Federal Government shall be
subject to a sanction referred to in subparagraph (A).
``(b) Administrative Enforcement Actions.--
``(1) In general.--
``(A) Commencement.--The Administrator, the
Secretary of the Army, and the Secretary of the
department in which the Coast Guard is operating may
commence an administrative enforcement action against
any department, agency, or instrumentality of the
executive, legislative, or judicial branch of the
Federal Government pursuant to the enforcement
authorities authorized by this Act.
``(B) Manner and circumstances.--The Administrator
or Secretary, as applicable, shall initiate an
administrative enforcement action against such a
department, agency, or instrumentality in the same
manner and under the same circumstances as the
Administrator or Secretary would initiate such an
action against another person.
``(C) Consent orders.--Any voluntary resolution or
settlement of an action described in subparagraph (B)
shall be set forth in a consent order.
``(2) Opportunity to confer.--An administrative order
issued to a department, agency, or instrumentality under
paragraph (1) shall not become final until the department,
agency, or instrumentality has had the opportunity to confer
with the Administrator or Secretary, as applicable.
``(c) Limitation on State Use of Funds Collected From the Federal
Government.--Unless a State law in effect on the date of enactment of
this subsection or a State constitution requires the funds to be used
in a different manner, all funds collected by a State from the Federal
Government from penalties and fines imposed for violation of a
substantive or procedural requirement described in subsection (a) shall
be used by the State only for projects designed to improve or protect
the environment or to defray the costs of environmental protection or
enforcement.''.
(b) Definition of Person.--
(1) General definitions.--Section 502(5) of the Federal
Water Pollution Control Act (33 U.S.C. 1362(5)) is amended--
(A) by striking ``or any'' and inserting ``an'';
and
(B) by inserting before the period at the end the
following: ``or a department, agency, or
instrumentality of the United States''.
(2) Oil and hazardous substance liability program.--Section
311(a)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1321(a)(7)) is amended--
(A) by striking ``a''; and
(B) by inserting before the semicolon at the end
the following: ``and a department, agency, or
instrumentality of the United States''.
(c) Citizen Suits.--Section 505 of the Federal Water Pollution
Control Act (33 U.S.C. 1365) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``, or'' and
inserting a semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) for the collection of a penalty by the United States
Government (and associated costs and interest) against any
Federal agency that fails, by the date that is 18 months after
the effective date of a final order, to pay a penalty assessed
by the Administrator under this Act.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Notice.--
``(1) In general.--Except as provided in paragraph (2), no
action may be commenced--
``(A) under subsection (a)(1)--
``(i) before 60 days after the plaintiff
has given notice of the alleged violation to--
``(I) the Administrator;
``(II) the State in which the
alleged violation occurs; and
``(III) any alleged violator of the
standard, limitation, or order; or
``(ii) if the Administrator or State has
commenced and is diligently prosecuting a civil
or criminal action in a court of the United
States or a State to require compliance with
the standard, limitation, or order (but in any
such action in a court of the United States any
citizen may intervene as a matter of right);
``(B) under subsection (a)(2), before 60 days after
the plaintiff has given notice of the action to the
Administrator; or
``(C) under subsection (a)(3), before 60 days after
the plaintiff has given notice of the action to the
Attorney General and the head of the Federal agency
referred to in subsection (a)(3).
``(2) Exception.--An action may be brought immediately
after the giving of notice in the case of an action under this
section respecting a violation of section 306 or 307(a).
``(3) Manner of giving notice.--Notice under this
subsection shall be given in such manner as the Administrator
shall prescribe by regulation.''. | Federal Facilities Clean Water Compliance Act of 1999 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements pertaining to water pollution control, including requirements for permits or reporting, injunctive relief, sanctions to enforce relief, payment of reasonable service charges, administrative orders, and penalties or fines.
Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Authorizes the Administrator of the Environmental Protection Agency, the Secretary of the Army, and the Secretary of the department in which the Coast Guard is operating to pursue enforcement actions against Federal agencies under the Act.
Requires States, unless a State law or constitution requires otherwise, to use penalties collected from the Federal Government under the Act only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement.
Includes Federal agencies within the definition of "person" for purposes of the Act.
Authorizes citizen lawsuits for the collection by the Government of a penalty against a Federal agency assessed by the Administrator under the Act. Revises notice requirements to allow an action for a violation of standards of performance or toxic pollutant standards provisions to be brought immediately after giving notice. | {"src": "billsum_train", "title": "Federal Facilities Clean Water Compliance Act of 1999"} | 1,964 | 306 | 0.576333 | 1.684204 | 0.841266 | 2.8 | 6.607273 | 0.887273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Swap Execution Facility
Clarification Act''.
SEC. 2. DEFINITION OF SWAP EXECUTION FACILITY.
(a) Commodity Exchange Act.--Section 1a(50) of the Commodity
Exchange Act (7 U.S.C. 1a(50)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively (and by moving the margins 2 ems to
the right); and
(3) by adding at the end the following:
``(B) Interpretation.--In interpreting or further
defining the term `swap execution facility', the
Commission shall not require a swap execution facility
to--
``(i) have a minimum number of participants
receive a bid or offer or respond to any
trading system or platform functionality;
``(ii) display or delay bids or offers for
any period of time;
``(iii) limit the means of interstate
commerce utilized by market participants to
enter into and execute any swap transactions on
the trading system or platform; or
``(iv) require bids or offers on one
trading system or platform operated by the swap
execution facility to interact with bids or
offers on another trading system or platform
operated by the swap execution facility''.
(b) Securities Exchange Act of 1934.--Section 3(a)(77) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(77)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively (and by moving the margins 2 ems to
the right); and
(3) by adding at the end the following:
``(B) Interpretation.--In interpreting or further
defining the term `security-based swap execution
facility', the Commission shall not require a security-
based swap execution facility to--
``(i) have a minimum number of participants
receive a bid or offer or respond to any
trading system or platform functionality;
``(ii) display or delay bids or offers for
any period of time;
``(iii) limit the means of interstate
commerce utilized by market participants to
enter into and execute any security-based swap
transactions on the `method of trading
functionality; or
``(iv) require bids or offers on one
trading system or platform operated by the swap
execution facility to interact with bids or
offers on another method of trading
functionality operated by the swap execution
facility.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Swap Execution Facility
Clarification Act''.
SEC. 2. DEFINITION OF SWAP EXECUTION FACILITY.
(a) Commodity Exchange Act.--Section 1a(50) of the Commodity
Exchange Act (7 U.S.C. 1a(50)) is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and increasing the indentation of
each such provision by 2 ems; and
(3) by adding at the end the following:
``(B) Interpretation.--In interpreting or further
defining the term `swap execution facility', the
Commission shall not require a swap execution facility
to--
``(i) have a minimum number of participants
receive a bid or offer or respond to any method
of trading functionality;
``(ii) delay bids or offers for any period
of time; or
``(iii) limit the means of interstate
commerce utilized by market participants to
enter into and execute any swap transactions on
the method of trading functionality.''.
(b) Securities Exchange Act of 1934.--Section 3(a)(77) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(77)), as added by
section 761(a)(6) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and increasing the indentation of
each such provision by 2 ems; and
(3) by adding at the end the following:
``(B) Interpretation.--In interpreting or further
defining the term `security-based swap execution
facility', the Commission shall not require a security-
based swap execution facility to--
``(i) have a minimum number of participants
receive a bid or offer or respond to any
trading system or platform functionality;
``(ii) display or delay bids or offers for
any period of time;
``(iii) limit the means of interstate
commerce utilized by market participants to
enter into and execute any security-based swap
transactions on the trading system or platform;
or
``(iv) require bids or offers on one
trading system or platform operated by the swap
execution facility to interact with bids or
offers on another trading system or platform
operated by the swap execution facility.''.
SEC. 3. IMPLEMENTATION.
The amendments made by this Act shall be implemented--
(1) without regard to--
(A) chapter 35 of title 44, United States Code; and
(B) the notice and comment provisions of section
553 of title 5, United States Code; and
(2) through the promulgation of an interim final rule. | Swap Execution Facility Clarification Act - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC), in interpreting or defining a "security-based swap execution facility," from requiring it to: (1) have a minimum number of participants receive a bid or offer or respond to any trading system or platform functionality, (2) display or delay bids or offers for any period of time, (3) limit the means of interstate commerce used by market participants to enter into and execute swap transactions on the trading system or platform, or (4) require bids or offers on one trading system or platform operated by the swap execution facility to interact with bids or offers on another trading system or platform operated by that facility.
Amends the Securities Exchange Act of 1934 to prohibit the Securities and Exchange Commission (SEC), in interpreting or defining a "security-based swap execution facility," from requiring such a facility to do any of the things the CFTC is prohibited by this Act from requiring, with the exception that the SEC may not require such a facility to limit the means of interstate commerce used by market participants to enter into and execute security-based swap transactions on the method of trading functionality. | {"src": "billsum_train", "title": "To refine the definition of swap execution facility in the provisions regulating swap markets added by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act."} | 1,379 | 264 | 0.697224 | 2.105965 | 0.894688 | 3.52521 | 5.067227 | 0.886555 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Theaters in America Growth
and Expansion Act'' or the ``STAGE Act''.
SEC. 2. EXPENSING OF QUALIFIED PRODUCTIONS.
(a) Extension.--Subsection (f) of section 181 of the Internal
Revenue Code of 1986 is amended by striking ``December 31, 2013'' and
inserting ``December 31, 2015''.
(b) Application to Live Productions.--
(1) In general.--Paragraph (1) of section 181(a) of the
Internal Revenue Code of 1986 is amended by inserting ``, and
any qualified live theatrical production,'' after ``any
qualified film or television production''.
(2) Conforming amendments.--Section 181 of such Code is
amended--
(A) by inserting ``or any qualified live theatrical
production'' after ``qualified film or television
production'' each place it appears in subsections
(a)(2), (b), and (c),
(B) by inserting ``or qualified live theatrical
productions'' after ``qualified film or television
productions'' in subsection (f), and
(C) by inserting ``and live theatrical'' after
``film and television'' in the heading.
(c) Qualified Live Theatrical Production.--Section 181 of the
Internal Revenue Code of 1986 is amended--
(1) by redesignating subsections (e) and (f), as amended by
subsections (a) and (b), as subsections (f) and (g),
respectively, and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Qualified Live Theatrical Production.--For purposes of this
section--
``(1) In general.--The term `qualified live theatrical
production' means any production described in paragraph (2) if
75 percent of the total compensation of the production is
qualified compensation (as defined in subsection (d)(3)).
``(2) Production.--
``(A) In general.--A production is described in
this paragraph if such production is a live staged
production of a play (with or without music) which is
derived from a written book or script and is produced
or presented by a commercial entity in any venue which
has an audience capacity of not more than 3,000 or a
series of venues the majority of which have an audience
capacity of not more than 3,000.
``(B) Touring companies, etc.--In the case of
multiple live staged productions--
``(i) for which the election under this
section would be allowable to the same
taxpayer, and
``(ii) which are--
``(I) separate phases (within the
meaning of section 469(g)(4)(B)) of a
production, or
``(II) separate simultaneous
stagings of the same production in
different geographical locations (not
including multiple performance
locations of any one touring
production),
each such live staged production shall be treated as a
separate production.
``(C) Exception.--A production is not described in
this paragraph if such production includes or consists
of any performance of conduct described in section
2257(h)(1) of title 18, United States Code.''.
(d) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to productions commencing after December 31, 2013.
(2) Commencement.--For purposes of paragraph (1), the date
on which a qualified live theatrical production commences is
the date of the first public performance of such production for
a paying audience.
SEC. 3. DISPOSITIONS OF INTEREST IN THEATRICAL PRODUCTIONS AS PASSIVE
ACTIVITY.
(a) In General.--Subsection (g) of section 469 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Special rule for interest in qualified live
theatrical productions.--
``(A) In general.--In the case of an interest in a
qualified live theatrical production (as defined in
section 181(e)(1)) as a passive activity--
``(i) each phase of such production shall
be treated separately for purposes of this
subsection, and
``(ii) the termination of any phase of such
production in which the taxpayer holds an
interest as a passive activity shall be treated
as a disposition of such taxpayer's entire
interest in such passive activity.
``(B) Phase.--For purposes of subparagraph (A), the
term `phase' with respect to any qualified live
theatrical production refers to each of the following,
but only if each of the following is treated as a
separate activity by the taxpayer for all purposes of
this title:
``(i) The initial staging of a live
theatrical production.
``(ii) Subsequent additional stagings or
touring of such production which are produced
by the same producer as the initial staging.
``(iii) Disposition of copyrights,
licensing rights, or subsidiary rights in
connection with such production.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2013. | Support Theaters in America Growth and Expansion Act or the STAGE Act - Amends the Internal Revenue Code, with respect to the expensing of the costs of qualified film and television productions, to: (1) extend through 2015 provisions allowing such expensing, (2) allow such expensing for the costs of certain live theatrical productions, and (3) provide for the tax treatment of dispositions of an interest in a live theatrical production as a passive activity. | {"src": "billsum_train", "title": "STAGE Act"} | 1,169 | 100 | 0.572534 | 1.393146 | 0.697133 | 2.011628 | 12.27907 | 0.848837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diabetic Eye Disease Prevention Act
of 2016''.
SEC. 2. MEDICARE DIABETIC EYE DISEASE PREVENTION AND EARLY TREATMENT
DEMONSTRATION PROJECT.
Title XVIII of the Social Security Act is amended by inserting
after section 1866E (42 U.S.C. 1395cc-5) the following new section:
``diabetic eye disease prevention and early treatment demonstration
project
``Sec. 1866F. (a) Establishment.--The Secretary shall conduct,
during a 5-year period beginning no later than January 1, 2017, a
diabetic eye disease prevention and early treatment demonstration
project (in this section referred to as the `demonstration project') to
provide incentives to primary care practices to refer to local eye
doctors for comprehensive dilated eye exams--
``(1) diabetic Medicare beneficiaries at the time of their
diagnosis of diabetes; and
``(2) diabetic Medicare beneficiaries who have been
diagnosed with diabetes mellitus and have not received a
comprehensive dilated eye examination in the previous 5 years.
``(b) Requirement.--The demonstration project shall test the extent
to which such incentives result in--
``(1) improving early detection and treatment of diabetes-
related vision problems and the reduction of significant eye
and vision loss and blindness associated with delayed diagnosis
and treatment of diabetes-related eye and vision conditions;
``(2) reducing the cost of health care services covered
under this title; and
``(3) achieving beneficiary satisfaction.
``(c) Conduct of Project.--The demonstration project shall be
conducted consistent with the following:
``(1) Identification of primary care practices.--The
demonstration project shall identify at least 100 primary care
practices, in each of at least 10 States which have high per
capita costs of diabetes care for diabetic Medicare
beneficiaries, for participation in the demonstration project.
``(2) Listing of participating eye doctors.--Each practice
so identified shall be provided with a list of eye doctors who
are located in the area of such practice and who have agreed to
participate in the demonstration project.
``(3) Requirements for participating eye doctors.--As part
of the participation agreement of an eye doctor under the
demonstration project, the eye doctor agrees--
``(A) to offer to furnish to each diabetic Medicare
beneficiary referred to the doctor by a primary care
practice so identified a comprehensive dilated eye
examination and needed diabetes-related eye care
covered under this title; and
``(B) to report back to such practice on the
results of such an examination or care within 72 hours
after the time of conducting such examination or
furnishing such care.
``(d) Incentive Payment Methodology.--
``(1) In general.--Under the demonstration project, subject
to paragraph (2), the Secretary shall pay an incentive on an
annual basis to each primary care practice participating in the
demonstration project for each beneficiary the practice refers
in the year for an eye examination under the demonstration
project. Such amount shall be set at a level so as to encourage
primary care practices to participate in the demonstration
project.
``(2) Budget neutrality.--The Secretary shall ensure that
the aggregate payments made under this title, including
incentive payments made under this section, with respect to
individuals participating in the demonstration project do not
exceed the aggregate amounts that the Secretary estimates would
have been paid under title with respect to such individuals if
the demonstration project had not been implemented. In order to
carry out the previous sentence, the Secretary is authorized to
reduce payment rates under part B for eye care services for
diabetic Medicare beneficiaries (other than those described in
subsection (a)) to take into account the costs of comprehensive
dilated eye examinations furnished to individuals otherwise
eligible to participate in the demonstration project.
``(3) Funding.--The costs, including incentive payments, of
carrying out the demonstration project shall be paid from the
Federal Supplementary Medical Insurance Trust Fund established
under section 1841.
``(e) Waiver.--The Secretary may waive such provisions of this
title and title XI as the Secretary determines necessary in order to
implement the demonstration project.
``(f) Evaluation and Reports.--
``(1) Evaluation.--The Secretary shall conduct an
independent evaluation of the demonstration project to assess
whether the project has the results described in subsection
(b).
``(2) Reports.--
``(A) Preliminary report.--Not later than 60 days
after the completion of the first year of the
demonstration project, the Secretary shall submit to
Congress a preliminary report on the results of the
project.
``(B) Final report.--No later than 6 months after
the date of the completion of the demonstration
project, the Secretary shall submit to Congress a final
report on the results of the project and shall include
in such report the findings of the evaluation conducted
under paragraph (1).
``(g) Definitions.--In this section:
``(1) Diabetic medicare beneficiary.--The term `diabetic
Medicare beneficiary' means, with respect to a primary care
practice, an individual who--
``(A) is entitled to benefits under part A and
enrolled for benefits under part B;
``(B) is not enrolled in a Medicare Advantage plan
under part C or a PACE program under section 1894;
``(C) has been determined to have diabetes
mellitus; and
``(D) is receiving primary care services through
one or more physicians or nurse practitioners in such
practice.
``(2) Eye doctor.--The term `eye doctor' means a
participating physician who is a State-licensed optometrist or
ophthalmologist.
``(3) Primary care practice.--The term `primary care
practice'--
``(A) means a physician (as described in section
1861(r)(1)) who has a primary specialty designation of
family medicine, internal medicine, or geriatric
medicine; and
``(B) includes a group practice the physicians
within which are primarily physicians with such a
specialty designation and may also include physician
assistants and nurse practitioners.''. | Diabetic Eye Disease Prevention Act of 2016 This bill amends title XVIII of the Social Security Act (Medicare) to establish a demonstration project through which primary care practices may receive incentives for referring diabetic Medicare beneficiaries to local eye doctors for comprehensive dilated eye exams. The project must test the extent to which these incentives: (1) improve early detection and treatment of diabetes-related vision problems, (2) reduce the cost of Medicare services, and (3) achieve beneficiary satisfaction. The project shall identify for participation at least 100 primary care practices in at least 10 states that have high per capita costs of diabetes care for Medicare beneficiaries. Project costs shall be paid from the Federal Supplementary Medical Insurance Trust Fund. | {"src": "billsum_train", "title": "Diabetic Eye Disease Prevention Act of 2016"} | 1,355 | 152 | 0.725243 | 2.138641 | 0.714683 | 3.111111 | 9.296296 | 0.918519 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mandates Information Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) before acting on proposed private sector mandates,
Congress should carefully consider their effects on consumers,
workers, and small businesses;
(2) Congress has often acted without adequate information
concerning the costs of private sector mandates, instead
focusing only on their benefits;
(3) the implementation of the Unfunded Mandates Reform Act
of 1995 has resulted in increased awareness of
intergovernmental mandates without impacting existing
environmental, public health, or safety laws or regulations;
(4) the implementation of this Act will enhance the
awareness of prospective mandates on the private sector without
adversely affecting the environment, public health, or safety
laws or regulations;
(5) the costs of private sector mandates are often borne in
part by consumers, in the form of higher prices and reduced
availability of goods and services;
(6) the costs of private sector mandates are often borne in
part by workers, in the form of lower wages, reduced benefits,
and fewer job opportunities; and
(7) the costs of private sector mandates are often borne in
part by small businesses, in the form of hiring disincentives
and stunted economic growth.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve the quality of Congress' deliberation with
respect to proposed mandates on the private sector, by--
(A) providing Congress with more complete
information about the effects of such mandates; and
(B) ensuring that Congress acts on such mandates
only after focused deliberation on their effects; and
(2) to enhance the ability of Congress to distinguish
between private sector mandates that harm consumers, workers,
and small businesses, and mandates that help those groups.
SEC. 4. FEDERAL PRIVATE SECTOR MANDATES.
(a) In General.--
(1) Estimates.--Section 424(b) of the Congressional Budget
Act of 1974 (2 U.S.C. 658c(b)) is amended by adding at the end
the following:
``(4) Estimate of indirect impacts.--
``(A) In general.--In preparing estimates under
paragraph (1), the Director shall also estimate, if
feasible, the impact (including any disproportionate
impact in particular regions or industries) on
consumers, workers, and small businesses, of the
Federal private sector mandates in the bill or joint
resolution, including--
``(i) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on consumer prices and on the
actual supply of goods and services in consumer
markets;
``(ii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on worker wages, worker
benefits, and employment opportunities; and
``(iii) an analysis of the effect of the
Federal private sector mandates in the bill or
joint resolution on the hiring practices,
expansion, and profitability of businesses with
100 or fewer employees.
``(B) Estimate not considered in determination.--
The estimate prepared under this paragraph shall not be
considered in determining whether the direct costs of all Federal
private sector mandates in the bill or joint resolution will exceed the
threshold specified in paragraph (1).''.
(2) Point of order.--Section 424(b)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 658c(b)(3)) is amended by adding
after the period at the end the following new sentence: ``If
such determination is made by the Director, a point of order
under this part shall lie only under section 425(a)(1) and as
if the requirement of section 425(a)(1) had not been met.''.
(3) Threshold amounts.--Section 425(a) of the Congressional
Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is amended--
(A) by striking ``and'' after the semicolon at the
end of paragraph (1) and redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) any bill, joint resolution, amendment, motion, or
conference report that would increase the direct costs of
Federal private sector mandates (excluding any direct costs
that are attributable to revenue resulting from tax or tariff
provisions of any such measure if it does not raise net tax and
tariff revenues over the 5-fiscal-year period beginning with
the first fiscal year such measure affects such revenues) by an
amount that causes the thresholds specified in section
424(b)(1) to be exceeded; and''; and
(3) in paragraph (3) (as redesignated), by striking
``Federal intergovernmental mandates by an amount that causes
the thresholds specified in section 424(a)(1)'' and inserting
``Federal mandates by an amount that causes the thresholds
specified in section 424 (a)(1) or (b)(1)''.
(4) Application relating to appropriations committees.--
Section 425(c)(1)(B) of the Congressional Budget Act of 1974 (2
U.S.C. 658d(c)(1)(B)) is amended--
(A) in clause (i) by striking
``intergovernmental'';
(B) in clause (ii) by striking
``intergovernmental'';
(C) in clause (iii) by striking
``intergovernmental''; and
(D) in clause (iv) by striking
``intergovernmental''.
(5) Application relating to congressional budget office.--
Section 427 of the Congressional Budget Act of 1974 (2 U.S.C.
658f) is amended by striking ``intergovernmental''.
(b) Rules of the House of Representatives.--Clause 11(b) of rule
XVIII of the Rules of the House of Representatives is amended by
striking ``intergovernmental'' and by striking ``section 424(a)(1)''
and inserting ``section 424(a)(1) or (b)(1)''.
(c) Exercise of Rulemaking Powers.--This section is enacted by
Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House.
SEC. 5. FEDERAL INTERGOVERNMENTAL MANDATE.
Section 421(5)(B) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 658(5)(B)) is amended--
(1) by striking ``the provision'' after ``if'';
(2) in clause (i)(I) by inserting ``the provision'' before
``would'';
(3) in clause (i)(II) by inserting ``the provision'' before
``would''; and
(4) in clause (ii)--
(A) by inserting ``that legislation, statute, or
regulation does not provide'' before ``the State''; and
(B) by striking ``lack'' and inserting ``new or
expanded''. | Mandates Information Act of 2001- Amends the Congressional Budget Act of 1974 to require the Director of the Congressional Budget Office, in preparing estimates of the direct costs of a Federal private sector mandate, to estimate, if feasible, the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries.Provides a point of order against legislation that would increase the direct costs of Federal private sector mandates (excluding direct costs attributable to revenue resulting from tax or tariff provisions of any such measure if it does not raise net tax and tariff revenues over the five-fiscal-year period beginning with the first fiscal year such measure affects such revenues) by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. | {"src": "billsum_train", "title": "To improve congressional deliberation on proposed Federal private sector mandates, and for other purposes."} | 1,670 | 171 | 0.513834 | 1.42785 | 0.855643 | 5.393333 | 9.96 | 0.926667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America Together Act of
2005''.
SEC. 2. BORDER PATROL AUXILIARY.
(a) Establishment.--
(1) In general.--The Secretary of Homeland Security (in
this Act referred to as the ``Secretary'') shall establish a
Border Patrol Auxiliary (in this Act referred to as the
``Auxiliary'') as an organization under the direction of the
Secretary. For command, control, and administrative purposes,
the Auxiliary shall include such organizational elements and
units as are approved by the Secretary. The Auxiliary
organization and its officers shall have such rights,
privileges, powers, and duties as may be granted to them by the
Secretary, consistent with this Act and other applicable
provisions of law. The Secretary may delegate to officers of
the Auxiliary the authority vested in the Secretary by this
section, in the manner and to the extent the Secretary
considers necessary or appropriate for the functioning,
organization, and internal administration of the Auxiliary.
(2) Duties.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall specify how best to
use the Auxiliary. It is the intent of Congress that the
Auxiliary be used to notify the Border Patrol if members see
illegal aliens attempting to cross into the United States.
(b) Exemption From Liability.--Each organizational element or unit
of the Border Patrol Auxiliary organization (but excluding any
corporation formed by an organizational element or unit of the
Auxiliary under subsection (c)), shall, except when acting outside the
scope of its authority, at all times be deemed to be an instrumentality
of the United States, for purposes of the following:
(1) Chapter 26 of title 28, United States Code (popularly
known as the Federal Tort Claims Act).
(2) Other matters related to noncontractual civil
liability.
(c) Incorporation.--The national board of the Auxiliary, and any
Auxiliary district or region, may form a corporation under State law in
accordance with policies established by the Secretary.
(d) Limitations.--In no case shall a member of the Auxiliary bear
firearms in connection with carrying out duties as such a member.
SEC. 3. ELIGIBILITY, ENROLLMENTS.
The Auxiliary shall be composed of citizens of the United States
and its territories and possessions, who by reason of their special
training or experience are deemed by the Secretary to be qualified for
duty in the Auxiliary, and who may be enrolled therein pursuant to
applicable regulations. The Secretary shall specify, not later than 6
months after the date of the enactment of this Act, the qualifications
for members in the Auxiliary, including special training or experience
required.
SEC. 4. MEMBERS OF THE AUXILIARY; STATUS.
(a) General Exemption From Treatment as Federal Employee.--Except
as otherwise provided in this Act, a member of the Border Patrol
Auxiliary shall not be considered to be a Federal employee and shall
not be subject to the provisions of law relating to Federal employment,
including those relating to hours of work, rates of compensation,
leave, unemployment compensation, Federal employee benefits, ethics,
conflicts of interest, and other similar criminal or civil statutes and
regulations governing the conduct of Federal employees. However,
nothing in this subsection shall constrain the Secretary from
prescribing standards for the conduct and behavior of members of the
Auxiliary.
(b) Treatment as Federal Employee for Limited Purposes.--A member
of the Auxiliary while assigned to duty shall be deemed to be a Federal
employee only for the purposes of the following:
(1) The provisions referred to in section 3(b).
(2) Compensation for work injuries under chapter 81 of
title 5, United States Code.
(3) The resolution of claims relating to damage to or loss
of personal property of the member incident to service under
the Military Personnel and Civilian Employees' Claims Act of
1964 (31 U.S.C. 3721).
(c) Removal of Actions.--A member of the Auxiliary, while assigned
to duty, shall be deemed to be a person acting under an officer of the
United States or an agency thereof for purposes of section 1442(a)(1)
of title 28, United States Code.
SEC. 5. DISENROLLMENT.
Members of the Auxiliary may be disenrolled pursuant to applicable
regulations of the Secretary.
SEC. 6. USE OF MEMBER'S FACILITIES.
The Department of Homeland Security may utilize for any purpose
incident to carrying out its functions and duties as authorized by the
Secretary any vehicle at its disposition for any of such purposes by
any member of the Auxiliary, by any corporation, partnership, or
association, or by any State or political subdivision thereof.
SEC. 7. AVAILABILITY OF APPROPRIATIONS.
(a) In General.--Appropriations of the Border Patrol shall be
available for the payment of actual necessary traveling expense and
subsistence, or commutation of ration allowance in lieu of subsistence,
of members of the Auxiliary assigned to authorized duties and for
actual necessary expenses of operation of any vehicle when assigned to
Border Patrol duty, but shall not be available for the payment of
compensation for personal services, incident to such operation, other
than to personnel of the Border Patrol. The term ``actual necessary
expenses of operation'', as used in this section, shall include payment
for fuel, oil, water, supplies, provisions, replacement or repair of
equipment, repair of any damaged vehicle and for the constructive or
actual loss of any vehicle where it is determined, under applicable
regulations, that responsibility for the loss or damage necessitating
such replacement or repair of equipment, or for the damage or loss,
constructive or actual, of such vehicle rests with the Border Patrol.
(b) Interest.--The Secretary may pay interest on a claim under this
section in any case in which a payment authorized under this section is
not made within 60 days after the submission of the claim in a manner
prescribed by the Secretary. The rate of interest for purposes of this
section shall be the annual rate established under section 6621 of the
Internal Revenue Code of 1954.
SEC. 8. ASSIGNMENT AND PERFORMANCE OF DUTIES.
No member of the Auxiliary, solely by reason of such membership,
shall be vested with, or exercise, any right, privilege, power, or duty
vested in or imposed upon the personnel of the Border Patrol, except
that any such member may, under applicable regulations, be assigned
duties, which, after appropriate training and examination, he has been
found competent to perform, to effectuate the purposes of the
Auxiliary. No member of the Auxiliary shall be placed in charge of a
vehicle assigned to the Border Patrol duty unless he has been
specifically designated by authority of the Secretary to perform such
duty. Members of the Auxiliary, when assigned to duties as herein
authorized shall, unless otherwise limited by the Secretary, be vested
with the same power and authority, in the execution of such duties, as
members of the regular Border Patrol assigned to similar duty. When any
member of the Auxiliary is assigned to such duty he may, pursuant to
regulations issued by the Secretary, be paid actual necessary traveling
expenses, including a per diem allowance in conformity with
standardized Government travel regulations in lieu of subsistence,
while traveling and while on duty away from his home. No per diem shall
be paid for any period during which quarters and subsistence in kind
are furnished by the Government, and no per diem shall be paid for any
period while such member is performing duty on a vehicle.
SEC. 9. INJURY OR DEATH IN LINE OF DUTY.
When any member of the Auxiliary is physically injured or dies as a
result of physical injury incurred while performing any duty to which
he has been assigned by competent Border Patrol authority, such member
or his beneficiary shall be entitled to the same benefits provided for
temporary members of the Patrol who suffer physical injury or death
resulting from physical injury incurred incident to service. Members of
the Auxiliary who incur physical injury or contract sickness or disease
while performing any duty to which they have been assigned by competent
Border Patrol authority shall be entitled to the same hospital
treatment afforded members of the Border Patrol. The performance of a
duty as the term is used in this section includes time engaged in
traveling back and forth between the place of assigned duty and the
permanent residence of a member of the Auxiliary. | Protecting America Together Act of 2005 - Directs the Secretary of Homeland Security to establish a Border Patrol Auxiliary.
States that: (1) it is the intent of Congress that the Auxiliary be used to notify the Border Patrol if members see illegal aliens attempting to cross the U.S. border; (2) each Auxiliary organization shall be deemed to be a U.S. instrumentality when operating within the scope of its authority and exempt from federal tort claims and noncontractual civil liability; and (3) Auxiliary members shall not be considered to be federal employees except as provided for by this Act. | {"src": "billsum_train", "title": "To provide for establishment of a Border Patrol Auxiliary."} | 1,910 | 135 | 0.627488 | 1.68586 | 0.702752 | 3.972727 | 15.581818 | 0.936364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Procedures for Sanctions Against
Charities Act''.
SEC. 2. PROCEDURES REGARDING BLOCKING PROPERTY OF CHARITIES.
(a) In General.--The International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) is amended--
(1) by redesignating section 208 as section 209; and
(2) by inserting after section 207 the following new
section:
``SEC. 208. PROCEDURES REGARDING BLOCKING PROPERTY OF CHARITIES.
``(a) Definitions.--In this section:
``(1) Charity.--The term `charity' means an organization
described in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such Code.
``(2) Sanction.--The term `sanction' means the blocking of
property under section 203(a).
``(b) Warrant Requirement.--
``(1) Warrant requirement.--A sanction may be imposed that
blocks property of a charity only pursuant to a warrant
obtained in the same manner as provided for a search warrant
under the Federal Rules of Criminal Procedure. The court may
issue such warrant if the United States demonstrates that there
is probable cause to believe that--
``(A) the property with respect to which the
warrant is sought is subject to the sanction; and
``(B) the property may be moved outside the
jurisdiction of the United States.
``(2) Exception.--
``(A) In general.--The United States may impose a
sanction that blocks property of a charity before
applying to the court for a warrant under paragraph (1)
if the United States has reason to believe that delay
in seizure from such ex parte application may have an
adverse result, including--
``(i) endangering the life or physical
safety of an individual;
``(ii) flight from prosecution;
``(iii) destruction of or tampering with
evidence;
``(iv) intimidation of potential witnesses;
or
``(v) otherwise seriously jeopardizing an
investigation.
``(B) Probable cause showing.--In a case in which
property is subject to a sanction under subparagraph
(A), the property shall be released from the order
blocking it unless the United States makes the probable
cause showing required by paragraph (1) within 48 hours
after the property is blocked.
``(3) Subsequent court actions.--Upon a finding of probable
cause, the court may issue the warrant. Upon the motion of the
United States, the court may require the execution of
satisfactory performance bonds, create receiverships, appoint
conservators, custodians, appraisers, accountants, or trustees,
or take any other action to secure, maintain, or preserve the
availability of the property that is the subject of the
warrant.
``(c) Procedures Regarding Charities.--The President shall
establish procedures with respect to the imposition of a sanction that
blocks property of a charity in order to implement the following:
``(1) Prior notice; opportunity for compliance.--In any
case in which the President anticipates imposing such a
sanction on a charity, the President shall, before imposing the
sanction, notify the charity in writing, by delivery to the
chief executive officer or chair of the governing body of the
charity, of the facts, events, persons, and other relevant
information serving as the basis for imposing the sanction, and
setting forth the steps the charity may take to avoid
imposition of the sanction.
``(2) Notice.--If the sanction is imposed on the charity
because the charity has failed to take the steps described in
paragraph (1), or if paragraph (3) applies, the President shall
notify the charity, in the manner described in paragraph (1),
of the imposition of the sanction.
``(3) Exigent circumstances.--The notice under paragraph
(1) need not be provided if the President determines that there
is probable cause to believe that the property of the charity
is subject to the sanction and that providing such notice and
opportunity--
``(A) will jeopardize the availability of the
property; or
``(B) may have an adverse result, including--
``(i) endangering the life or physical
safety of an individual;
``(ii) flight from prosecution;
``(iii) destruction of or tampering with
evidence;
``(iv) intimidation of potential witnesses;
or
``(v) otherwise seriously jeopardizing an
investigation.
``(4) Opportunity to present response.--The President shall
provide a charity notified under paragraph (1) or (2) of the
imposition of a sanction an opportunity to provide a response
to imposing the sanction, including a hearing on the record if
so requested by the charity. Such hearing or other proceeding
agreed to by the parties shall be held not later than 60 days
after the notice is provided.
``(5) Subsequent allegations.--If, after notice is provided
under paragraph (1) or (2), additional allegations arise
involving the charity that are or may provide additional bases
for imposing the sanction involving blocking property of the
charity, the procedures under this subsection shall apply with
respect to such additional allegations.
``(d) Periodic Review of Blocking Orders.--
``(1) Periodic review.--The President shall--
``(A) at least once in every 2-year period, review
each sanction imposed that involves blocking the
property of a charity in order to ensure that the basis
for imposing the sanction remains valid; and
``(B) provide the charity an opportunity for a
hearing on the record with respect to such review.
``(e) Appeals.--
``(1) Administrative appeal.--The President shall provide
to any charity on which a sanction is imposed that blocks the
property of the charity, or is continued pursuant to a periodic
review under subsection (d), an opportunity to appeal the
sanction in accordance with the procedures set forth in
sections 556 and 557 of title 5, United States Code, without
regard to any exclusion set forth in section 554(a) of such
title.
``(2) Judicial appeal.--In any appeal under chapter 7 of
title 5, United States Code, of a determination in a hearing
under paragraph (1)--
``(A) the court shall review the case de novo; and
``(B) the burden is on the United States Government
to establish, by a preponderance of the evidence, that
the property is subject to the sanction.
``(f) Access to Classified Information.--At any hearing or other
proceeding held at the request of a charity under this section, the
charity shall be entitled to be represented by counsel and shall be
provided the opportunity to review the evidence of the Government with
respect to the sanction involved, consistent with procedures analogous
to those set forth in the Classified Information Procedures Act (18
U.S.C. App. 3), as determined by the court.
``(g) Confidentiality and Privacy.--Property of a charity that is
blocked pursuant to the imposition of a sanction may not be made
available to a Government agency other than the Government agency
responsible for blocking the property, except to the appropriate law
enforcement agency pursuant to the Federal Rules of Criminal
Procedure.''.
SEC. 3. APPLICABILITY.
(a) In General.--Subject to subsection (b), the amendments made by
section 2 shall apply to any order that imposes a sanction blocking the
property of a charity and that is issued under the International
Emergency Economic Powers Act--
(1) on or after the date of the enactment of this Act; or
(2) before the date of the enactment of this Act, if the
order is in effect on such date of enactment.
(b) Procedures With Respect to Existing Orders.--In the case of an
order that imposes a sanction blocking the property of a charity and to
which subsection (a)(2) applies--
(1) in lieu of the requirements under paragraphs (1) and
(2) of section 208(c) of the International Emergency Economic
Powers Act, as added by section 2 of this Act, the President
shall provide, within 45 days after the date of the enactment
of this Act, notice to the charity that is the subject of the
order, by delivery to the chief executive officer or chair of
the governing body of the charity, of the facts, events,
persons, and other relevant information that served as the
basis for imposing the sanction; and
(2) in applying paragraph (4) of such section 208(c), the
notice under paragraph (1) of this subsection shall be deemed
be notice provided under paragraph (2) of such section 203(c). | Procedures for Sanctions Against Charities Act - Amends the International Emergency Economic Powers Act to allow a sanction to be imposed that blocks the property of a charity only pursuant to a warrant obtained in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. Permits a court to issue such warrant if the United States demonstrates that there is probable cause to believe that: (1) the property with respect to which the warrant is sought is subject to the sanction; and (2) the property may be moved outside the jurisdiction of the United States.
Permits imposing a sanction prior to applying to the court for a warrant if there is reason to believe that delay may have an adverse result, including: (1) endangering the life or physical safety of an individual; (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) otherwise seriously jeopardizing an investigation.
Directs the President to establish specified procedures with respect to the imposition of a sanction that blocks the property of a charity.
Sets forth appeal procedures for affected charities. | {"src": "billsum_train", "title": "To amend the International Emergency Economic Powers Act to establish certain procedures with respect to blocking property of charities."} | 1,968 | 248 | 0.683298 | 2.109222 | 0.936085 | 5.336364 | 8.204545 | 0.963636 |
SECTION 1. FINDINGS.
Congress finds that--
(1) fostering and protecting the highest possible standards
of health care for the American people require--
(A) creative scientific inquiry and information
exchanges in the medical sciences and the industries
that serve the American people;
(B) dissemination and debate of the results of such
inquiry within the medical community; and
(C) rapid development, testing, marketing approval,
and accessibility of state-of-the-art health care
products, such as drugs, biologics, and medical
devices;
(2) traditionally, free-flowing information exchanges
between health professionals and the producers of health care
products, with respect to potentially beneficial new uses of
existing products, have been a means to achieve scientific
advances and medical breakthroughs;
(3) such information exchanges have been protected by law,
but erroneous interpretation, application, and enforcement of
existing law have inhibited and even foreclosed such
information exchanges in recent years; and
(4) it is imperative to the health of the American people
to enact legislation to clarify the intent of Congress and the
existing state of the law to stimulate and encourage such
educational and scientific information exchanges among industry
and health care practitioners.
SEC. 2. INFORMATION EXCHANGE AMENDMENTS.
Chapter III of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355 et seq.) is amended by adding at the end thereof the following new
sections:
``SEC. 311. DISSEMINATION OF TREATMENT INFORMATION ON DRUGS AND
BIOLOGICAL PRODUCTS.
``(a) Dissemination of Treatment Information.--
``(1) In general.--Notwithstanding sections 301(d), 502(f),
505, and 507 and section 351 of the Public Health Service Act
(42 U.S.C. 262), and subject to the requirements of paragraph
(2) and subsection (b), a person may disseminate to any person
that is a health care practitioner or other provider of health
care goods or services, a pharmacy benefit manager, a health
maintenance organization or other managed health care
organization, or a health care insurer or governmental agency,
written information, or an oral or written summary of the
written information, concerning--
``(A) a treatment use for an investigational new
drug or an investigational biological product approved
by the Secretary for such treatment use; or
``(B) a use (whether or not such use is contained
in the official labeling) of a new drug (including any
antibiotic drug) or a biological product for which an
approval of an application filed under section 505(b),
505(j), or 507, or a product license issued under the
Public Health Service Act, is in effect.
``(2) Requirements.--A person may disseminate information
under paragraph (1)(B) only if--
``(A) the information is an unabridged--
``(i) reprint or copy of a peer-reviewed
article from a scientific or medical journal
that is published by an organization that is
independent of the pharmaceutical industry; or
``(ii) chapter, authored by an expert or
experts in the disease to which the use
relates, from a recognized reference textbook
that is published by an organization that is
independent of the pharmaceutical industry;
``(B) the text of the information has been approved
by a continuing medical education accrediting agency
that is independent of the pharmaceutical industry as
part of a scientific or medical educational program
approved by such agency;
``(C) the information relates to a use that is
recognized under Federal law for purposes of third-
party coverage or reimbursement, and--
``(i) the text of the information has been
approved by an organization referred to in such
Federal law; or
``(ii) the information is part of a disease
management program or treatment guideline with
respect to such use; or
``(D) the information is an accurate and truthful
summary of the information described in subparagraph
(A), (B), or (C).
``(b) Disclosure Statement.--In order to afford a full and fair
evaluation of the information described in subsection (a), a person
disseminating the information shall include a statement that
discloses--
``(1) if applicable, that the use of a new drug or
biological product described in subparagraph (A) or (B) of
subsection (a)(1) and the information with respect to the use
have not been approved by the Food and Drug Administration;
``(2) if applicable, that the information is being
disseminated at the expense of the sponsor of the drug or
biological product;
``(3) if applicable, that one or more authors of the
information being disseminated are employees of or consultants
to the sponsor of the drug or biological product; and
``(4) the official labeling for the drug and biological
product, or in the case of a treatment use of an
investigational drug or biological product, the investigator
brochure and all updates thereof.
``(c) Definition.--As used in this section, the term `expense'
includes financial, in-kind, and other contributions provided for the
purpose of disseminating the information described in subsection (a).
``(d) Special Rule.--In the case of a professional disagreement
between the Secretary and other qualified experts with respect to the
application of section 502(a), the Secretary may not use section 502 to
prohibit the dissemination of information in the types of circumstances
and under the conditions set forth in subsections (a) and (b).
``SEC. 312. DISSEMINATION OF INFORMATION ON DEVICES.
``(a) Dissemination of Information.--Notwithstanding sections 301,
501(f), 501(i), 502(a), 502(f), and 502(o), or any other provision of
law, and subject to subsections (b) and (c), a person may disseminate
to any person that is a health care practitioner or other provider of
health care goods or services, a pharmacy benefit manager, a health
maintenance organization or other managed health care organization, or
a health care insurer or governmental agency, written or oral
information (including information exchanged at scientific and
educational meetings, workshops, or demonstrations) relating to a use,
whether or not the use is described in the official labeling, of a
device produced by a manufacturer registered pursuant to section 510.
``(b) Disclosure Statements and Requirements.--
``(1) Disclosure statements.--To the extent practicable,
the requirement with respect to a statement of disclosure under
subsection (b) of section 311 shall apply to the dissemination
of written and oral information under this section, except that
this paragraph shall not apply to the dissemination of written
or oral information with respect to the intended use described
in the labeling of a device.
``(2) Additional requirements.--A person may disseminate
information under subsection (a) only if--
``(A) the information is an unabridged--
``(i) reprint or copy of a peer-reviewed
article from a scientific or medical journal
that is published by an organization that is
independent of the medical device industry; or
``(ii) chapter, authored by an expert or
experts in the medical specialty to which the
use relates, from a recognized reference
textbook that is published by an organization
that is independent of the medical device
industry;
``(B) the information has been approved by a
continuing medical education accrediting agency that is
independent of the medical device industry as part of a
scientific or medical educational program approved by
such agency;
``(C) the information relates to a use that is
recognized under Federal law for purposes of third-
party reimbursement, and--
``(i) the text of the information has been
approved by an organization referred to in such
Federal law; or
``(ii) the information is part of a disease
management program or treatment guideline with
respect to such use; or
``(D) the oral or written information is--
``(i) part of an exchange of information
solely among health care practitioners, health
care reimbursement officials, and the industry;
``(ii) exchanged for educational or
scientific purposes; and
``(iii) presented at continuing medical
education programs, seminars, workshops, or
demonstrations.
``(3) Applicability.--The requirements under subsection
(a)(1)(A) and (B) of section 311 shall not apply with respect
to devices.
``(c) Information Dissemination Not Evidence of Intended Use.--
Notwithstanding section 502(a), 502(f), 502(o), or any other provision
of law, the written or oral dissemination of information relating to a
new use of a device, in accordance with this section, shall not be
construed by the Secretary as evidence of a new intended use of the
device that is different from the intended use of the device set forth
on the official labeling of the device. Such dissemination shall not be
considered by the Secretary as labeling, adulteration, or misbranding
of the device.''.
SEC. 3. PRESERVATION OF CURRENT POLICY.
Nothing in this Act or the amendment made by this Act shall affect
the ability of manufacturers to respond fully to unsolicited questions
from health care practitioners and other persons about drugs,
biological products, or devices. | Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to allow, notwithstanding specified provisions of the Public Health Service Act (PHSA), dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written information (or an oral or written summary thereof) concerning: (1) a treatment use for an investigational new drug or an investigational biological product approved for that use; or (2) a use (whether or not the use is contained in the official labeling) of a new drug or a biological product for which a new drug application, an abbreviated new drug application, a certification of an antibiotic drug, or a product license issued under the PHSA has been approved. Sets forth restrictions and requirements.
Allows, notwithstanding any other provision of law, dissemination to individuals and entities involved in health care (including practitioners, managed care organizations, insurers, and governmental agencies) written or oral information relating to a use (whether or not described in the official labeling) of a device registered under specified FDCA provisions. Sets forth restrictions and requirements. Declares that, notwithstanding any other provision of law, the dissemination shall not be construed as evidence of a new intended use or considered as labeling, adulteration, or misbranding of the device. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to facilitate the dissemination to physicians of scientific information about prescription drug therapies and devices, and for other purposes."} | 2,086 | 297 | 0.580518 | 1.812602 | 0.845253 | 3.570313 | 7.558594 | 0.867188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``1997 Franklin Delano Roosevelt
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the people of the United States feel a deep debt of
gratitude to Franklin Delano Roosevelt for his leadership in
America's struggle for peace, well-being, and human dignity;
(2) Franklin Delano Roosevelt served his country as the
thirty-second President from 1932 until his death in 1945, and
is the only United States President elected to 4 terms in
office;
(3) Franklin Delano Roosevelt served the State of New York
as Governor from 1928 through 1932;
(4) Franklin Delano Roosevelt served his country as the
United States Assistant Secretary of the Navy from 1913 through
1920;
(5) Franklin Delano Roosevelt piloted the American people
through the economic chaos of the Great Depression;
(6) Franklin Delano Roosevelt, as our commander in chief,
led the American people through the turmoil of World War II;
(7) Franklin Delano Roosevelt established Social Security,
thus providing all Americans with a more abundant and secure
life;
(8) Franklin Delano Roosevelt was the author of ``The Four
Freedoms: Freedom of Speech, Freedom of Worship, Freedom from
Want, and Freedom from Fear'';
(9) Franklin Delano Roosevelt was the founder of the
National Foundation for Infantile Paralysis, parent
organization of the March of Dimes;
(10) Franklin Delano Roosevelt was the chief architect of
the United Nations;
(11) after many years of planning, the Franklin Delano
Roosevelt Memorial will soon join the memorials of Washington,
Jefferson, and Lincoln as a tribute to another great American
leader;
(12) the Franklin Delano Roosevelt Memorial will be a
series of 4 large outdoor rooms encompassing over 7 acres, and
will be situated between the Lincoln and Jefferson memorials in
Washington, D.C.; and
(13) in 1997, the Nation will celebrate the public opening
of this magnificent memorial, honoring one of our greatest
Presidents.
SEC. 3. COIN SPECIFICATIONS.
(a) Half Dollar Silver Coins.--The Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'') shall mint and
issue not more than 500,000 half dollar coins, each of which shall--
(1) weigh 12.50 grams;
(2) have a diameter of 30.61 millimeters; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The obverse side of each coin minted under
this Act shall bear a likeness of Franklin Delano Roosevelt,
the thirty-second President of the United States. The reverse
side of each coin shall be emblematic of the Franklin Delano
Roosevelt Memorial in Washington, D.C.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``1997''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Franklin Delano Roosevelt Memorial Commission and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(c) Additions and Alterations.--No addition or alteration to the
design selected in accordance with subsection (b) shall be made without
the approval of the Franklin Delano Roosevelt Memorial Commission.
SEC. 6. ISSUANCE OF COINS.
(a) Quality and Mint Facility.--The coins authorized under this Act
may be issued in uncirculated and proof qualities and shall be struck
at the United States Bullion Depository at West Point.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 1997, and
ending on December 31, 1997.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $3 per
coin.
SEC. 8. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 9. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary as follows:
(1) An amount equal to 50 percent of the total surcharges
shall be paid to the National Park Foundation Restricted
Account for the Franklin Delano Roosevelt Memorial.
(2) An amount equal to 50 percent of the total surcharges
shall be paid to the National Park Service Restricted
Construction Account for the Franklin Delano Roosevelt
Memorial.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the accounts referred to in subsection (a) as may be related to
the expenditures of amounts paid under such subsection.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | 1997 Franklin Delano Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative half-dollar silver coins whose obverse side shall bear a likeness of Franklin Delano Roosevelt, and whose reverse side shall be emblematic of the Franklin Delano Roosevelt Memorial in Washington, D.C.
Mandates that the design for the coins shall be: (1) selected by the Secretary after consultation with the Franklin Delano Roosevelt Memorial Commission and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee.
Declares that: (1) the coins shall be struck at the U.S. Bullion Depository at West Point; and (2) may be issued only from January 1, 1997, to December 31, 1997.
Requires the Secretary to distribute proceeds from surcharges in equal allocations to: (1) the National Park Foundation Restricted Account for the Franklin Delano Roosevelt Memorial; and (2) the National Park Service Restricted Construction Account for the Franklin Delano Roosevelt Memorial. | {"src": "billsum_train", "title": "1997 Franklin Delano Roosevelt Commemorative Coin Act"} | 1,703 | 220 | 0.589082 | 1.770135 | 0.856153 | 4.626316 | 8.136842 | 0.942105 |
SECTION 1. PERCENTAGE LIMITATION ON NONPARTY MULTICANDIDATE POLITICAL
COMMITTEE CONTRIBUTIONS ACCEPTED BY HOUSE OF
REPRESENTATIVES CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) A candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress may not, with respect to an
election, accept contributions from nonparty multicandidate political
committees that, in the aggregate, exceed 40 percent of the total of
contributions accepted from all sources.''.
SEC. 2. INCOME TAX CREDIT FOR CONTRIBUTIONS TO NONINCUMBENT HOUSE OF
REPRESENTATIVES CANDIDATES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 23 the
following new section:
``SEC. 24. CONTRIBUTIONS TO NONINCUMBENT HOUSE OF REPRESENTATIVES
CANDIDATES.
``(a) General Rule.--In the case of an individual, there shall be
allowed, subject to the limitations of subsection (b), as a credit
against the tax imposed by this chapter for the taxable year, an amount
equal to one-half of all contributions to candidates for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress (other than contributions to an incumbent of any such office),
payment of which is made by the taxpayer within the taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by subsection (a)
for a taxable year shall not exceed $50 ($100 in the case of a
joint return under section 6013).
``(2) Verification.--The credit allowed by subsection (a)
shall be allowed, with respect to any contribution, only if
such contribution is verified in such manner as the Secretary
shall prescribe by regulations.
``(c) Definitions.--For purposes of this section, the terms
`candidate' and `contribution' have the meanings given those terms in
section 301 of the Federal Election Campaign Act of 1971.
``(d) Cross Reference.--
``For disallowance of credits to
estates and trusts, see section 642(a)(2).''.
(b) Technical Amendments.--
(1) Subsection (a) of section 642 of such Code is amended
to read as follows:
``(a) Credits Against Tax.--
``(1) Foreign tax credit allowed.--An estate or trust shall
be allowed the credit against tax for taxes imposed by foreign
countries and possessions of the United States, to the extent
allowed by section 901, only in respect of so much of the taxes
described in such section as is not properly allocable under
such section to the beneficiaries.
``(2) Credit for contributions to nonincumbent house of
representatives candidates not allowed.--An estate or trust
shall not be allowed the credit against tax for contributions
to nonincumbent House of Representatives candidates provided by
section 24.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 23 the following new item:
``Sec. 24. Contributions to nonincumbent
House of Representatives
candidates.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.
SEC. 3. NOTIFICATION REQUIREMENTS FOR EXPENDITURES BY CERTAIN POLITICAL
COMMITTEES IN HOUSE OF REPRESENTATIVES ELECTIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended by adding at the end the following new subsection:
``(d) In addition to any other reporting requirement provided for
by law, each political committee (other than a political committee of a
political party or a political committee of a candidate for the office
of Representative in, or Delegate or Resident Commissioner to, the
Congress) that makes expenditures with respect to an election for such
office shall--
``(1) not later than one week after the date on which such
committee makes aggregate expenditures in excess of $50, so
notify each candidate in the election;
``(2) in the case of a committee to which paragraph (1)
applies, simultaneously with submission of any report of
expenditures to the Commission, notify each candidate in the
election of all expenditures in the reporting period; and
``(3) not later than one week after the date on which such
committee makes any single expenditure in excess of $50, so
notify each candidate in the election.''.
SEC. 4. PERCENTAGE LIMITATION ON OUT-OF-STATE CONTRIBUTIONS ACCEPTABLE
BY HOUSE OF REPRESENTATIVES CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 1 of this Act, is further amended by
adding at the end the following new subsection:
``(j) A candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress may not, with respect to an
election, accept contributions from individuals who are not residents
of the State involved that, in the aggregate, exceed 25 percent of the
total of contributions accepted from all individuals.''.
SEC. 5. REDUCTION IN THRESHOLD AMOUNT FOR REPORTING OF CERTAIN
CONTRIBUTIONS AND EXPENDITURES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 3, is further amended by striking out
``$200'' each place it appears and inserting in lieu thereof ``$50''.
SEC. 6. REDUCED THIRD CLASS MAIL RATE FOR NONINCUMBENTS IN HOUSE OF
REPRESENTATIVES ELECTIONS.
(a) In General.--Chapter 34 of title 39, United States Code, is
amended by adding at the end the following new section:
Sec. 3407. Reduced third class mail rate for nonincumbents in House of
Representatives elections
``(a)(1) A nonincumbent candidate for the office of Representative
in, or Delegate or Resident Commissioner to, the Congress shall be
entitled to send third class campaign material through the mails at a
rate equal to one-half of the third class bulk mail rate.
``(2) The rate provided for in subsection (a) shall be available--
``(A) for 3 mailings in the congressional district
involved; and
``(B) only for material mailed to households with resident
registered voters.
``(b) There are authorized to be appropriated such amounts as may
be necessary to reimburse the Postal Service for the difference between
the revenues received for campaign materials mailed under subsection
(a) and the revenues that the Postal Service would have received if
such materials had been carried at the regular rate.''.
(b) Clerical Amendment.--The table of sections for chapter 34 of
title 39, United States Code, is amended by adding at the end the
following new item:
``3407. Reduced third class mail rate for
nonincumbents in House of
Representatives elections.''. | Amends the Federal Election Compaign Act of 1971 to: (1) limit nonparty multicandidate political committee (PAC) and out-of-State contributions to House of Representatives candidates; and (2) reduce the reporting threshold for certain contributions and expenditures.
Amends the Internal Revenue Code to provide an income tax credit for contributions to nonincumbent House of Representatives candidates.
Entitles nonincumbent House of Representatives candidates to reduced third class mail rates for campaign materials. | {"src": "billsum_train", "title": "To limit contributions by nonparty multicandidate political committees in House of Representatives elections, to provide an income tax credit for contributions to nonincumbent candidates in such elections, and for other purposes."} | 1,696 | 106 | 0.562579 | 1.402659 | 0.391195 | 3.413793 | 16.586207 | 0.885057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Small Business Tax Credit
Act of 2017''.
SEC. 2. VETERAN SMALL BUSINESS START-UP CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. VETERAN SMALL BUSINESS START-UP CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
applicable veteran-owned business which elects the application of this
section, the veteran small business start-up credit determined under
this section for any taxable year is an amount equal to 15 percent of
so much of the qualified start-up expenditures of the taxpayer as does
not exceed $80,000.
``(b) Applicable Veteran-Owned Small Business.--For purposes of
this section--
``(1) In general.--The term `applicable veteran-owned small
business' means a small business controlled by one or more
qualified veterans.
``(2) Qualified veteran.--The term `qualified veteran'
means any individual (or the spouse or surviving spouse of such
an individual) who--
``(A) has served on active duty in the Armed Forces
of the United States, and
``(B) who has not been discharged or released from
the Armed Forces of the United States under
dishonorable conditions.
``(3) Control.--The term `controlled' means--
``(A) management and operation of the daily
business, and--
``(B)(i) in the case of a sole proprietorship, sole
ownership,
``(ii) in the case of a corporation, ownership (by
vote or value) of not less than 51 percent of the stock
in such corporation, or
``(iii) in the case of a partnership or joint
venture, ownership of not less than 51 percent of the
profits interests or capital interests in such
partnership or joint venture.
``(4) Small business.--The term `small business' means,
with respect to any taxable year, any person engaged in a trade
or business in the United States if--
``(A) the gross receipts of such person for the
preceding taxable year did not exceed $5,000,000, or
``(B) in the case of a person to which subparagraph
(A) does not apply, such person employed not more than
100 full-time employees during the preceding taxable
year.
For purposes of subparagraph (B), an employee shall be
considered full-time if such employee is employed at least 30
hours per week for 20 or more calendar weeks in the taxable
year.
``(c) Qualified Start-Up Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified start-up
expenditures' means--
``(A) any start-up expenditures (as defined in
section 195(c)), or
``(B) any amounts paid or incurred during the
taxable year for the purchase or lease of real
property, or the purchase of personal property, placed
in service during the taxable year and used in the
active conduct of a trade or business.
``(d) Special Rules.--For purposes of this section--
``(1) Year of election.--The taxpayer may elect the
application of this section only for the first 2 taxable years
for which ordinary and necessary expenses paid or incurred in
carrying on such trade or business are allowable as a deduction
by the taxpayer under section 162.
``(2) Controlled groups and common control.--All persons
treated as a single employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.
``(3) No double benefit.--If a credit is determined under
this section with respect to any property, the basis of such
property shall be reduced by the amount of the credit
attributable to such property.''.
(b) 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 new item:
``Sec. 45S. Veteran small business start-up credit.''.
(c) Made Part of General Business Credit.--Section 38(b) of such
Code is amended by striking ``plus'' at the end of paragraph (35), by
striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(37) the veteran small business start-up credit
determined under section 45S.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018. | Veteran Small Business Tax Credit Act of 2017 This bill amends the Internal Revenue Code to allow a new business-related tax credit for the start-up expenses of a veteran-owned small business. The allowable amount of such credit is 15% of start-up expenditures that do not exceed $80,000. The credit is allowed to any individual (or the surviving spouse of such individual) who: (1) has served on active duty in the Armed Forces, and (2) has not been discharged or released from the Armed Forces under dishonorable conditions. | {"src": "billsum_train", "title": "Veteran Small Business Tax Credit Act of 2017"} | 1,103 | 118 | 0.601743 | 1.548128 | 0.573842 | 3.394495 | 9.110092 | 0.917431 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Coastal Protection and
Louisiana Energy Enhancement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible lease.--The term ``eligible lease'' means any
of the 40 leases on the Outer Continental Shelf off the coast
of California that--
(A) were issued between 1968 and 1984 under section
8 of the Outer Continental Shelf Lands Act (43 U.S.C.
1337); and
(B) are nonproducing as of January 1, 2002.
(2) Eligible lessee.--The term ``eligible lessee'' means
the lessee under an eligible lease.
(3) Preserve.--The term ``preserve'' means the ecological
preserve established under section 3(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. REDIRECTION OF NONPRODUCING OIL AND GAS LEASES TO LESS
ENVIRONMENTALLY SENSITIVE AREAS ON THE OUTER CONTINENTAL
SHELF.
(a) Lease Cancellation and Credits.--
(1) Offer.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall make an offer to all
eligible lessees to issue credits in exchange for the
cancellation of all eligible leases in accordance with this
subsection.
(2) Acceptance.--To accept the offer of the Secretary under
paragraph (1) with respect to an eligible lease, an eligible
lessee shall submit to the Secretary a written agreement that
if all eligible lessees accept the offer and credits are issued
under paragraph (3), the eligible lessee--
(A) will dismiss any civil action brought by the
eligible lessee against the United States relating to
the eligible lease that is pending as of the date of
cancellation of the eligible lease; and
(B) waives the right to bring any further civil
action regarding the eligible lease after that date.
(3) Issuance of credits.--If, not later than 60 days after
the date of the offer under paragraph (1), all eligible lessees
accept the offer in accordance with paragraph (2), the
Secretary shall--
(A) cancel all eligible leases; and
(B) issue to each eligible lessee credits in the
amount determined under paragraph (4).
(4) Amount.--
(A) In general.--For each eligible lease, the
Secretary shall issue credits in an amount equal to the
sum of--
(i) the amount of consideration paid to the
Federal Government for the eligible lease; and
(ii) the difference between--
(I) the amount of direct
expenditures made after the date of
issuance of the eligible lease in
connection with the exploration and
development of the eligible lease; and
(II) the amount of revenues earned
from the eligible lease before the date
of cancellation.
(B) Exclusions.--The potential value of oil and gas
resources associated with the eligible leases shall not
be a factor in determining the amount of credits under
subparagraph (A).
(5) Use of credits.--
(A) In general.--Credits issued under paragraph
(3)--
(i) subject to subparagraph (C), may be
used--
(I) to bid on lease sales in the
Western and Central Planning Areas of
the Gulf of Mexico; or
(II) to make royalty payments on
production for oil and gas resources in
those planning areas in existence as of
the date of enactment of this Act; or
(ii) may be sold or transferred in
accordance with paragraph (6).
(B) Acceptance of credits.--
(i) In general.--The Secretary shall accept
credits issued under paragraph (3) in the same
manner as--
(I) cash for the payment of a cash
bonus bid for leases issued in the
Western and Central Planning Areas of
the Gulf of Mexico under the Outer
Continental Shelf Lands Act (43 U.S.C.
1331 et seq.); or
(II) royalty payments on oil and
gas production in the Western and
Central Planning Areas of the Gulf of
Mexico in existence as of the date of
enactment of this Act.
(ii) Exception.--The Secretary shall not
accept credits issued under paragraph (3) for
an activity in an area--
(I) that is subject to a leasing
moratorium; or
(II) in which leasing is otherwise
prohibited as of the date of enactment
of this Act.
(C) Limitation.--In any 1 fiscal year, the
Secretary shall accept credits in an amount no greater
than 25 percent of the total amount of credits issued
under paragraph (3).
(6) Sale or transfer.--
(A) In general.--An eligible lessee may transfer or
sell any credits issued under paragraph (3) to any
other person qualified to hold leases under the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).
(B) Requirements.--A sale or transfer of credits
under subparagraph (A) shall be subject to--
(i) this Act; and
(ii) any other terms to which the lessee
and the transferee may agree.
(C) Limitations.--Credits transferred or sold under
subparagraph (A) shall be accepted in accordance with
paragraph (5)(B).
(D) Notification.--
(i) In general.--Not later than 30 days
after the date on which an eligible lessee
transfers or sells any credits, the eligible
lessee shall notify the Secretary of the
transfer or sale.
(ii) Validity.--A transfer or sale of a
credit shall not be valid until the date on
which the Secretary receives notification under
clause (i).
(7) No additional compensation.--An eligible lessee that
participates in the cancellation of an eligible lease under
this Act--
(A) shall be considered to be fully compensated for
the value of the eligible lease; and
(B) shall not be eligible to seek additional
compensation from the Federal Government for the
eligible lease.
(8) Effect.--Nothing in this Act constitutes a findings by
Congress, or should be understood to be based on a finding by
Congress, that--
(A) actions by the Federal Government involving the
eligible leases before the date of enactment of this
Act constituted a breach of contract; or
(B) the eligible leases have any particular value.
(b) Ecological Preserve.--
(1) In general.--Outer Continental Shelf land for
which an eligible lease is canceled under subsection
(a) shall--
(A) be permanently withdrawn from all forms of
disposition, including mineral leasing; and
(B) be reserved as an ecological preserve to
protect traditional fishing areas and to provide
conservation, scientific, and recreational benefits.
(2) Management.--
(A) In general.--The Secretary shall manage the
preserve in a manner consistent with the management of
the Santa Barbara Channel Ecological Preserve in the
State of California.
(B) Coordination with secretary of commerce.--The
Secretary shall coordinate management activities
relating to any portion of the preserve that is
adjacent to a national marine sanctuary with the
Secretary of Commerce.
(3) Buffer zone.--Not later than 1 year after the date of
establishment of the preserve, the Secretary shall determine
whether Outer Continental Shelf land adjacent to the preserve
should be withdrawn from all forms of disposition, including
mineral leasing, to serve as a buffer zone. | California Coastal Protection and Louisiana Energy Enhancement Act - Directs the Secretary of the Interior to make an offer to certain lessees to issue credits in exchange for: (1) the cancellation of specified leases on the Outer Continental Shelf off the coast of California that are nonproducing as of January 1, 2002; and (2) dismissal of any civil actions, or waiver of the right to bring them, by the eligible lessees against the United States relating to pending eligible leases.Authorizes the use of such credits to: (1) bid on lease sales in the Western and Central Planning Areas of the Gulf of Mexico; (2) make royalty payments on production for oil and gas resources in those planning areas in existence as of the enactment of this Act; or (3) sell or transfer them in accordance with certain requirements.States that the Outer Continental Shelf land for which an eligible lease is canceled shall be: (1) permanently withdrawn from all forms of disposition, including mineral leasing; and (2) reserved as an ecological preserve to protect traditional fishing areas and to provide conservation, scientific, and recreational benefits. | {"src": "billsum_train", "title": "A bill to reacquire and permanently protect certain leases on the Outer Continental Shelf off the coast of California by issuing credits for new energy production in less environmentally sensitive areas in the Western and Central Planning Areas of the Gulf of Mexico."} | 1,654 | 230 | 0.708519 | 2.042066 | 1.040443 | 4.537037 | 6.888889 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unfunded Mandates Accountability Act
of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The public has a right to know the benefits and costs
of regulation. Effective regulatory programs provide important
benefits to the public, including protecting the environment,
worker safety, and human health. Regulations also impose
significant costs on individuals, employers, and State, local,
and tribal governments, diverting resources from other
important priorities.
(2) Better regulatory analysis and review should improve
the quality of agency decisions, increasing the benefits and
reducing unwarranted costs of regulation.
(3) Disclosure and scrutiny of key information underlying
agency decisions should make the Federal Government more
accountable to the public it serves.
SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by striking subsection (a) and inserting the following:
``(a) Definition.--In this section, the term `cost' means the cost
of compliance and any reasonably foreseeable indirect costs, including
revenues lost, as a result of an agency rule subject to this section.
``(b) Regulatory Impact Analyses.--
``(1) Requirement.--Before promulgating any proposed or
final rule that may have an annual effect on the economy of
$100,000,000 or more (adjusted for inflation), or that may
result in the expenditure by State, local, and tribal
governments, in the aggregate, of $100,000,000 or more
(adjusted for inflation) in any 1 year, the agency promulgating
the rule shall prepare and publish in the Federal Register an
initial and final regulatory impact analysis with respect to
the rule.
``(2) Initial regulatory impact analysis.--An initial
regulatory impact analysis required under paragraph (1) shall--
``(A) accompany the notice of proposed rulemaking
with respect to the rule that is the subject of the
analysis; and
``(B) be open to public comment.
``(3) Final regulatory impact analysis.--A final regulatory
impact analysis required under paragraph (1) shall accompany
the final rule that is the subject of the analysis.
``(c) Content.--Each initial and final regulatory impact analysis
prepared and published under subsection (b) shall include, with respect
to the rule that is the subject of the analysis--
``(1)(A) an analysis of the anticipated benefits and costs
of the rule, which shall be quantified to the extent feasible;
``(B) an analysis of the benefits and costs of a reasonable
number of regulatory alternatives within the range of the
discretion of the agency under the statute authorizing the
rule, including alternatives that--
``(i) require no action by the Federal Government;
and
``(ii)(I) use incentives and market-based means to
encourage the desired behavior;
``(II) provide information based upon which the
public can make choices; or
``(III) employ other flexible regulatory options
that permit the greatest flexibility in achieving the
objectives of the statute authorizing the rule; and
``(C) an explanation of how the rule complies with the
requirements of section 205;
``(2) an assessment of the extent to which--
``(A) the costs to State, local, and tribal
governments may be paid with Federal financial
assistance (or otherwise paid for by the Federal
Government); and
``(B) Federal resources are available to carry out
the rule;
``(3) estimates of--
``(A) any disproportionate budgetary effects of the
rule upon any particular--
``(i) regions of the United States;
``(ii) State, local, or tribal governments;
``(iii) types of communities, including
urban or rural communities; or
``(iv) segments of the private sector; and
``(B) the effect of the rule on job creation or job
loss, which shall be quantified to the extent feasible;
and
``(4)(A) a description of the extent of the prior
consultation of the agency under section 204 with elected
representatives of each affected State, local, or tribal
government;
``(B) a summary of the comments and concerns that were
presented to the agency orally or in writing by State, local,
or tribal governments; and
``(C) a summary of the evaluation by the agency of the
comments and concerns described in subparagraph (B).'';
(4) in subsection (d), as so redesignated, by striking ``a
statement under subsection (a) is required, the agency shall
include in the promulgation a summary of the information
contained in the statement'' and inserting ``an analysis under
subsection (b) is required, the agency promulgating the rule
shall include in the promulgation a summary of the information
contained in the analysis''; and
(5) in subsection (e), as so redesignated, by striking
``any statement required under subsection (a) in conjunction
with or as a part of any other statement or analysis, provided
that the statement or analysis satisfies the provisions of
subsection (a)'' and inserting ``any analysis required under
subsection (b) in conjunction with, or as a part of, any other
statement or analysis if the other statement or analysis
satisfies the requirements of subsections (b) and (c)''.
SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531
et seq.) is amended by striking section 205 (2 U.S.C. 1535) and
inserting the following:
``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.
``Before promulgating any proposed or final rule for which a
regulatory impact analysis is required under section 202, an agency
shall--
``(1) identify and consider a reasonable number of
regulatory alternatives within the range of the discretion of
the agency under the statute authorizing the rule, including
the alternatives described in section 202(c)(1)(B); and
``(2) from the alternatives identified and considered under
paragraph (1), select the least costly, most cost-effective, or
least burdensome alternative that achieves the objectives of
the statute.''.
SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES.
(a) In General.--Section 421(1) of the Congressional Budget Act of
1974 (2 U.S.C. 658(1)) is amended by striking ``, but does not include
independent regulatory agencies''.
(b) Exemption for Monetary Policy.--The Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after
section 5 the following:
``SEC. 6. EXEMPTION FOR MONETARY POLICY.
``Nothing in title II, III, or IV shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.''.
SEC. 6. JUDICIAL REVIEW.
Title IV of the Unfunded Mandates Reform Act of 1995 is amended by
striking section 401 (2 U.S.C. 1571) and inserting the following:
``SEC. 401. JUDICIAL REVIEW.
``(a) In General.--A person that is aggrieved by final agency
action in adopting a rule that is subject to section 202 is entitled to
judicial review of whether the agency complied with section 202(b),
202(c)(1), or 205 with respect to the rule.
``(b) Scope of Review.--Chapter 7 of title 5, United States Code,
shall govern the scope of judicial review under subsection (a).
``(c) Jurisdiction.--Each court that has jurisdiction to review a
rule for compliance with section 553 of title 5, United States Code, or
under any other provision of law, shall have jurisdiction to review a
claim brought under subsection (a).
``(d) Relief Available.--In granting relief in an action under this
section, a court shall order the agency that promulgated the rule that
is under review to take remedial action consistent with chapter 7 of
title 5, United States Code.''.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date that is 90 days after the
date of enactment of this Act. | Unfunded Mandates Accountability Act of 2017 This bill revises rulemaking requirements under the Unfunded Mandates Reform Act of 1995 (UMRA) to: (1) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more (adjusted for inflation); (2) make consideration of the least burdensome alternative to a rule mandatory and require the selection of the least costly, most cost-effective, or least burdensome alternative; (3) exempt from such requirements rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee; and (4) expand judicial review of agency rulemaking. The bill amends the Congressional Budget Act of 1974 to extend such Act's requirements to independent regulatory agencies. | {"src": "billsum_train", "title": "Unfunded Mandates Accountability Act of 2017"} | 1,999 | 189 | 0.572558 | 1.65293 | 0.931762 | 4.842105 | 10.561404 | 0.900585 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Canine Detection Team Augmentation
and Certification Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Canine detection teams, which consist of a canine and a
canine handler, are an important part of a layered homeland
security system to prepare for, respond to, mitigate against,
and prevent acts of terrorism.
(2) Canine detection teams can be deployed quickly and can
move easily throughout a variety of areas, including mass
transit systems, airports, cargo areas, sea ports, the Nation's
borders, ports of entry, office buildings, and stadiums.
(3) Canine detection teams can be trained to detect a
variety of items, such as explosives, narcotics, concealed
humans, cadavers, and chemical and biological materials.
(4) Canine detection teams can be utilized in situations
where detection technologies are unavailable, immobile, or not
cost-effective.
(5) There is a shortage of canine detection teams available
to assist Federal, State, and local law enforcement personnel
as they put their lives at risk daily to protect the Nation.
(6) The Congress has authorized 2,000 new Border Patrol
agents for each of fiscal years 2006 through 2010 without a
corresponding increase in the number of detection canines
deployed with these Border Patrol agents.
(7) Canine detection teams have been deployed to the
Nation's busiest airports. However, the Transportation Security
Administration must increase the capacity of its canine
training program in order to train and deploy canines to the
Nation's mass transit systems.
(8) Urban search and rescue canines and cadaver detection
canines were used effectively in the Gulf Coast region to
respond to Hurricanes Katrina and Rita.
(9) The Bureau of United States Customs and Border
Protection, the United States Secret Service, the Coast Guard,
and the Federal Protective Service regularly use canine
detection teams to secure National Special Security Events,
protect Federal buildings and their occupants, and protect the
Nation's sea ports.
(10) State, local, and tribal agencies and the private
sector rely on canine detection teams for security purposes,
like the Federal Government. In the absence of national
training and certification standards, there have been a number
of fraudulent operations and the use of inadequately trained
canines and canine handlers. In one documented case, in 2003, a
Virginia man, Russell Lee Ebersole, supplied explosive
detection canine teams to several government agencies,
including the Federal Reserve Board, that failed explosives
detection tests on five different occasions.
(11) The Subcommittee on Management, Integration, and
Oversight of the Committee on Homeland Security of the House of
Representatives held a hearing on September 28, 2005, regarding
the use of canine detection teams in support of homeland
security activities. At the hearing, Subcommittee Members were
informed by several Federal agencies, a local transit police
department, a private canine security company, and a
university-based canine training center that--
(A) there is a shortage of trained canine detection
teams;
(B) there is a need for a national canine detection
team training standard, or multiple standards, in order
to strengthen the quality of canine detection teams and
their interchangeability among Federal, State, and
local agencies and the private sector; and
(C) there is a demonstrated need for Federal
leadership to ensure that certifying entities are
qualified and that they do not inappropriately certify
canine detection teams that may put homeland security
and public safety at risk.
SEC. 3. CANINE DETECTION TEAM AUGMENTATION AND CERTIFICATION.
(a) Increasing the Number of Trained Canine Detection Teams.--
(1) Increase.--In each of fiscal years 2007 through 2011,
the Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, increase the
number of trained canine detection teams of the Department over
the number of such teams deployed or available on the last day
of the preceding fiscal year as follows:
(A) Customs and border protection.--An increase of
not less than 25 percent the number of trained canine
detection teams deployed at and between the Nation's
ports of entry.
(B) Transportation security administration.--
Increase by not less than 25 percent the number of
trained detection canines deployed at the Nation's
airports and mass transit systems.
(C) Coast guard, united states secret service,
federal protective service, and federal emergency
management agency.--Increase by not less than 25
percent the number of trained canine detection teams
available to Coast Guard stations, Secret Service
operations, and Federal Protective Service operations
across the country, and to the Federal Emergency
Management Agency to ensure their availability as
needed in emergencies.
(2) Notification of congress.--If the Secretary determines
that an agency referred to in subsection (a) is unable to
achieve the increase required under subsection (a) for such
reasons as cost or availability, the Secretary shall notify the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate, describing the reasons why the agency is unable
to achieve the increase.
(b) Coordination, Enhancement, and Improvement of Canine Detection
Teams.--
(1) In general.--The Homeland Security Act of 2002 is
amended by adding at the end the following:
``TITLE XIX--MISCELLANEOUS PROVISIONS
``Subtitle A--Canine Detection Teams
``SEC. 1901. COORDINATION AND ENHANCEMENT OF CANINE PROTECTION TEAM
TRAINING.
``The Secretary shall--
``(1) fully coordinate the canine training programs of the
Department that support the Department's counter-terrorism,
counter-smuggling, transportation security, and border security
missions and other missions of the Department, including, with
respect to the research and development of new canine training
methods, the optimum number and type of training aids, and
measurements for efficiency and effectiveness;
``(2) ensure that the Department is maximizing its use of
existing training facilities and resources to train canines
throughout the year; and
``(3) coordinate the use of detection canines trained by
other Federal agencies, nonprofit organizations, universities,
and private training facilities in order to increase the number
of trained detection canines available to Federal, State, and
local law enforcement agencies.
``SEC. 1902. CANINE PROCUREMENT.
``The Secretary shall--
``(1) make it a priority to increase the number of
domestically bred canines used by the Department to assist in
its counter-terrorism mission, including the protection of
ports of entry and along the United States border;
``(2) increase the utilization of domestically bred canines
from universities and private and nonprofit sources in the
United States; and
``(3) consult with other Federal, State, and local
agencies, nonprofit organizations, universities, and private
entities that use detection canines, such as those
participating in the Scientific Working Group on Dog and
Orthogonal Detectors (popularly known as `SWGDOG'), as well as
the Office of Management and Budget, to encourage domestic
breeding of canines and consolidate canine procurement, where
possible, across the Federal Government to reduce the cost of
purchasing canines.
``SEC. 1903. DOMESTIC CANINE BREEDING GRANT PROGRAM.
``(a) Establishment of Program.--The Secretary shall establish a
competitive grant program for domestic breeders of canines. The purpose
of the grant program shall be to encourage the development and growth
of canine breeds that are best suited for detection training purposes
within the United States.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2007 through 2011.
``SEC. 1904. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD.
``(a) Establishment of Accreditation Board.--
``(1) In general.--Not later than 180 days after the date
on which the national voluntary consensus standards referred to
in subsection (b)(1) are issued, the Secretary, in consultation
with the Secretary of Defense, the Secretary of State, and the
Attorney General, shall establish a Homeland Security Canine
Detection Accreditation Board to develop and implement a
process for certifying compliance with such standards.
``(2) Membership.--The membership of the Accreditation
Board shall consist of experts in the fields of canine training
and explosives detection from Federal and State agencies,
universities, other research institutions, and the private
sector, such as those represented on the Executive Board of
SWGDOG.
``(b) Accreditation Process.--The Accreditation Board shall
establish and implement a voluntary accreditation process to--
``(1) certify that persons conducting certification of
canine detection teams appropriately ensure that the canine
detection teams meet the national voluntary consensus standards
developed by SWGDOG;
``(2) ensure that canine detection teams do not put public
safety and the safety of law enforcement personnel at risk due
to fraud or weaknesses in the initial or maintenance training
curriculum; and
``(3) maintain and update a public list of entities
accredited by the Department to certify canine detection teams.
``(c) Compliance With Standards.--Beginning not later than the date
that is 180 days after the date on which the standards referred to in
subsection (b)(1) are issued, the Secretary shall require that grant
funds administered by the Department may not be used to acquire a
canine detection team unless--
``(1) the canine detection team is certified under the
process established under subsection (b); or
``(2) the Secretary determines that the applicant has shown
special circumstances that justify the acquisition of canines
that are not certified under the process established under
subsection (b).
``SEC. 1905. DEFINITIONS.
``In this subtitle:
``(1) Canine detection team.--The term `canine detection
team' means a canine and a canine handler.
``(2) Certifying entity.--The term `certifying entity'
means an entity that oversees the processes and procedures used
to train and test canine detection teams.
``(3) SWGDOG.--The term `SWGDOG' means the Scientific
Working Group of Dog and Orthogonal Detectors.''.
(2) Clerical amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the following:
``TITLE XIX--MISCELLANEOUS PROVISIONS
``Subtitle A--Canine Detection Teams
``Sec. 1901. Coordination and enhancement of canine protection team
training.
``Sec. 1902. Canine procurement.
``Sec. 1903. Domestic canine breeding grant program.
``Sec. 1904. Homeland Security Canine Detection Accreditation Board.
``Sec. 1905. Definitions.''.
(3) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
report to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the plan of the Secretary
to coordinate and consolidate the canine training and related
programs of the Department of Homeland Security in accordance
with section 1901 of the Homeland Security Act of 2002, as
added by subsection (a). | Canine Detection Team Augmentation and Certification Act of 2006 - Directs the Secretary of Homeland Security to: (1) increase the number of trained canine detection teams of the Department of Homeland Security (DHS) at specified federal agencies; and (2) notify specified congressional committees if any such agency is unable to achieve the increase required.
Directs the Secretary to: (1) fully coordinate the Department's canine training programs that support its counter-terrorism, counter-smuggling, transportation security, border security, and other missions; (2) ensure that the Department is maximizing its use of existing training facilities and resources to train canines throughout the year; and (3) coordinate the use of detection canines trained by other federal agencies, nonprofit organizations, universities, and private training facilities to increase the number of trained detection canines available to law enforcement agencies.
Directs the Secretary to: (1) make it a priority to increase the number of domestically bred canines used by the Department to assist its counter-terrorism mission; (2) increase the utilization of domestically bred canines from universities and private and nonprofit sources; and (3) consult with other federal, state, and local agencies, nonprofit organizations, universities, and private entities that use detection canines, as well as the Office of Management and Budget (OMB), to encourage domestic breeding of canines and to consolidate canine procurement across the federal government.
Directs the Secretary to: (1) establish a competitive grant program for domestic breeders of canines; and (2) establish a Homeland Security Canine Detection Accreditation Board. | {"src": "billsum_train", "title": "To increase the number of trained detection canines of the Department of Homeland Security, and for other purposes."} | 2,512 | 331 | 0.614847 | 1.943129 | 0.73891 | 5.852459 | 7.557377 | 0.960656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safer Neighborhoods Gun Buyback Act
of 2013''.
SEC. 2. PROGRAM AUTHORIZED.
(a) In General.--The Director of the Bureau of Justice Assistance
(referred to in this Act as the ``Director'') may make grants to
eligible entities to conduct gun buyback programs.
(b) Eligible Entity Defined.--In this Act, the term ``eligible
entity'' means--
(1) a State;
(2) a unit of local government; or
(3) a gun dealer if neither the unit of local government
nor the State where such dealer is located receives a grant
under this Act.
SEC. 3. APPLICATIONS.
(a) Grants.--The chief executive of an eligible entity seeking a
grant under this Act shall submit an application to the Director at
such time and containing such information as the Director may
reasonably require.
(b) Subgrants.--A gun dealer located in a unit of local government
or State that does receive a grant under this Act seeking a subgrant
shall submit an application to the chief executive of such unit of
local government or State at such time and containing such information
as the chief executive may reasonably require, including proof of such
dealer's license under section 923 of title 18, United States Code.
SEC. 4. TERM OF GRANT.
(a) Term.--The term of a grant awarded under this Act shall be two
years.
(b) Availability of Grant Funds.--
(1) Gun dealers.--A gun dealer that receives a grant or
subgrant under this Act shall return to the Director any
remaining smart prepaid cards and any unused portion of such
grant or subgrant that was allocated to be used to buy back
guns--
(A) in the case of a gun dealer receiving a grant,
at the end of the two-year period beginning on the date
that the grant was awarded; or
(B) in the case of a gun dealer receiving a
subgrant, at the end of the two-year period beginning
on the date that the grant was awarded to the State or
unit of local government from which the gun dealer
received a subgrant.
(2) States or units of local government.--A State of unit
of local government that receives a grant under this Act shall
return to the Director any unused portion of such grant at the
end of the two-year and 270-day period beginning on the date
that the grant was awarded.
(c) Amounts Returned.--The Director shall return to the general
fund of the Treasury any amounts returned under subsection (b).
SEC. 5. SMART PREPAID CARDS.
(a) In General.--In conducting the grant program authorized under
section 2, the Director may reserve such funds as may be necessary to
acquire and distribute smart prepaid cards to eligible entities that
receive grants under this Act. The Director shall distribute the smart
prepaid cards without any funds loaded onto the cards.
(b) Market Value of Guns.--The Director shall determine the market
value of each gun listed in section 7(2) and make such information
publicly available.
(c) Prohibition on Use of Cards To Buy Guns.--
(1) In general.--A person may not use a smart prepaid card
to buy a gun or ammunition, and a merchant may not accept a
smart prepaid card to sell a gun or ammunition.
(2) Penalty.--A merchant that violates paragraph (1) shall
pay to the Director an amount that is equal to the value of the
prohibited sale.
SEC. 6. USES OF FUNDS.
(a) States and Units of Local Government.--A State or unit of local
government receiving a grant under this Act shall use such funds to do
the following:
(1) Subgrants to gun dealers.--Distribute not less than 80
percent of such funds in the form of subgrants to gun dealers
in such State or unit of local government to conduct gun
buyback programs.
(2) Distribute smart prepaid cards.--Distribute the smart
prepaid cards such State or unit of local government receives
to gun dealers receiving subgrants.
(3) Gun recycling program.--Use 10 percent of such funds to
recycle the guns that such State or unit of local government
receives from gun dealers to make street signs, energy
efficient washing machines, car parts, energy efficient
refrigerators, or other steel parts such as railroad or metro
tracks.
(4) Administrative costs.--Use not more than 10 percent of
such funds for the administrative costs of carrying out the
grant program under this Act.
(b) Gun Dealers.--
(1) In general.--A gun dealer receiving a grant or subgrant
under this Act shall use such funds to conduct a gun buyback
program.
(2) Smart prepaid card amounts.--
(A) In order to purchase a gun through a gun
buyback program, a gun dealer shall load onto a smart
prepaid card 125 percent of the market value of the gun
that the individual wishes to dispose of (as determined
by the Director under section 5(b)).
(B) A gun dealer may increase the purchase price of
a gun and load an amount onto a smart prepaid card that
is greater than 125 percent of the market value of the
gun if the gun dealer determines that the gun has been
altered in a way that would increase the market value
of the gun (such as an altered grip, or the addition of
a scope).
(3) Guns received.--
(A) In the case of a gun dealer receiving a grant
under this Act, the gun dealer shall deliver a gun the
dealer receives under the gun buyback program to the
closest office of the Bureau of Alcohol, Tobacco,
Firearms and Explosives not later than 60 days after
receiving such gun.
(B) In the case of a gun dealer receiving a
subgrant under this Act, the gun dealer shall deliver a
gun the dealer receives under the gun buyback program
to the State or unit of local government from which it
receives the subgrant not later than 60 days after
receiving such gun.
(c) Incentives for Gun Dealer Participation.--To the extent that
the Director determines necessary to facilitate participation of gun
dealers in the gun buyback program, grant funds may be used to provide
monetary or other incentives to gun dealers to participate in such
program. For purposes of subsection (a), any such incentives shall be
treated as part of the subgrant to the gun dealer described in
paragraph (1) thereof.
SEC. 7. DEFINITIONS.
In this Act:
(1) Gun.--The term ``gun'' means ``firearm'' as defined in
section 921(a)(3) of title 18, United States Code.
(2) Gun buyback program.--The term ``gun buyback program''
means a program under which a gun dealer, using smart prepaid
cards as described in section 6(b)(2), purchases back from
individuals wishing to dispose of them, the following guns:
(A) Smith and Wesson .38 revolver.
(B) Smith and Wesson .40 semiautomatic pistol.
(C) Haskell Hi-Point JHP 45 semiautomatic pistol.
(D) Iberia Firearm JCP40 pistol.
(E) Ruger 9 mm semiautomatic pistol.
(F) Hi-Point CF380 .380 semiautomatic pistol.
(G) Raven Arms .25 semiautomatic pistol.
(H) Mossberg 12 gauge shotgun.
(I) Smith and Wesson 9mm semiautomatic pistol.
(J) Smith and Wesson .357 revolver.
(K) Bryco Arms 9mm semiautomatic pistol.
(L) Bryco Arms .380 semiautomatic pistol.
(M) Davis Industries .380 semiautomatic pistol.
(N) Cobra FS380 .38 semiautomatic pistol.
(3) Gun dealer.--The term ``gun dealer'' means a dealer of
firearms licensed under section 923 of title 18, United States
Code.
(4) Smart prepaid card.--The term ``smart prepaid card''
means a card issued by the Director that--
(A) is redeemable at multiple, unaffiliated
merchants or service providers;
(B) contains a mechanism, for the purpose of
preventing the card-holder from using it to purchase a
gun or ammunition, that recognizes the merchant
category code of a merchant and prohibits the use of
such card at gun stores and pawn shops;
(C) is honored, upon presentation, by merchants for
goods or services, except for merchants described in
subparagraph (B);
(D) is loaded on a prepaid basis by a gun dealer
for use in a gun buyback program; and
(E) clearly and conspicuously bears the words
``THIS CARD MAY NOT BE USED TO PURCHASE A GUN OR
AMMUNITION'' in capital and raised letters on the card.
(5) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $360,000,000 for each of
fiscal years 2014 through 2016 to carry out this Act. | Safer Neighborhoods Gun Buyback Act of 2013 - Authorizes the Director of the Bureau of Justice Assistance to make two-year grants to states and local governments for subgrants to gun dealers, or to gun dealers directly, to conduct gun buyback programs under which gun dealers shall be issued smart prepaid cards to purchase specified guns (listed in this Act) from individuals wishing to dispose of them. Prohibits: (1) such an individual from using such a card to buy a gun or ammunition, and (2) a merchant from accepting such a card to sell a gun or ammunition. Requires a state or local government to: (1) use 10% of grant funds to recycle the guns received from dealers to make street signs, energy efficient washing machines, car parts, energy efficient refrigerators, or other steel parts such as railroad or metro tracks; and (2) use not more than 10% for administrative costs of the program. Requires a gun dealer participating in the program to: (1) pay an individual 125% of a gun's market value, as determined by the Director; and (2) deliver guns received to the closest Bureau of Alcohol, Tobacco, Firearms and Explosives [ATF] office (for grantees) or to the state or local government (for subgrantees) within 60 days of receipt. Allows grant funds to be used to provide incentives to gun dealers to participate. | {"src": "billsum_train", "title": "Safer Neighborhoods Gun Buyback Act of 2013"} | 2,078 | 304 | 0.57638 | 1.802854 | 0.721604 | 3.487085 | 6.752768 | 0.926199 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Ute and Colorado
Intergovernmental Agreement Implementation Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress, after review and in recognition of the
purposes and uniqueness of the Intergovernmental Agreement between the
Southern Ute Indian Tribe and the State of Colorado, finds that--
(1) the Intergovernmental Agreement is consistent with the
special legal relationship between Federal Government and the
Tribe; and
(2) air quality programs developed in accordance with the
Intergovernmental Agreement and submitted by the Tribe for approval
by the Administrator may be implemented in a manner that is
consistent with the Clean Air Act (42 U.S.C. 7401 et seq.).
(b) Purpose.--The purpose of this Act is to provide for the
implementation and enforcement of air quality control programs under
the Clean Air Act (42 U.S.C. 7401 et seq.) and other air quality
programs developed in accordance with the Intergovernmental Agreement
that provide for--
(1) the regulation of air quality within the exterior
boundaries of the Reservation; and
(2) the establishment of a Southern Ute Indian Tribe/State of
Colorado Environmental Commission.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commission.--The term ``Commission'' means the Southern Ute
Indian Tribe/State of Colorado Environmental Commission established
by the State and the Tribe in accordance with the Intergovernmental
Agreement.
(3) Intergovernmental agreement.--The term ``Intergovernmental
Agreement'' means the agreement entered into by the Tribe and the
State on December 13, 1999.
(4) Reservation.--The term ``Reservation'' means the Southern
Ute Indian Reservation.
(5) State.--The term ``State'' means the State of Colorado.
(6) Tribe.--The term ``Tribe'' means the Southern Ute Indian
Tribe.
SEC. 4. TRIBAL AUTHORITY.
(a) Air Program Applications.--
(1) In general.--The Administrator is authorized to treat the
Tribe as a State for the purpose of any air program applications
submitted to the Administrator by the Tribe under section 301(d) of
the Clean Air Act (42 U.S.C. 7601(d)) to carry out, in a manner
consistent with the Clean Air Act (42 U.S.C. 7401 et seq.), the
Intergovernmental Agreement.
(2) Applicability.--If the Administrator approves an air
program application of the Tribe, the approved program shall be
applicable to all air resources within the exterior boundaries of
the Reservation.
(b) Termination.--If the Tribe or the State terminates the
Intergovernmental Agreement, the Administrator shall promptly take
appropriate administrative action to withdraw treatment of the Tribe as
a State for the purpose described in subsection (a)(1).
SEC. 5. CIVIL ENFORCEMENT.
(a) In General.--If any person fails to comply with a final civil
order of the Tribe or the Commission made in accordance with the Clean
Air Act (42 U.S.C. 7401 et seq.) or any other air quality program
established under the Intergovernmental Agreement, the Tribe or the
Commission, as appropriate, may bring a civil action for declaratory or
injunctive relief, or for other orders in aid of enforcement, in the
United States District Court for the District of Colorado.
(b) No Effect on Rights or Authority.--Nothing in this Act alters,
amends, or modifies any right or authority of any person (as defined in
section 302(e) of the Clean Air Act (42 U.S.C. 7601(e)) to bring a
civil action under section 304 of the Clean Air Act (42 U.S.C. 7603).
SEC. 6. JUDICIAL REVIEW.
Any decision by the Commission that would be subject to appellate
review if it were made by the Administrator--
(1) shall be subject to appellate review by the United States
Court of Appeals for the Tenth Circuit; and
(2) may be reviewed by the Court of Appeals applying the same
standard that would be applicable to a decision of the
Administrator.
SEC. 7. DISCLAIMER.
Nothing in this Act--
(1) modifies any provision of--
(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
(B) Public Law 98-290 (25 U.S.C. 668 note); or
(C) any lawful administrative rule promulgated in
accordance with those statutes; or
(2) affects or influences in any manner any past or prospective
judicial interpretation or application of those statutes by the
United States, the Tribe, the State, or any Federal, tribal, or
State court.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement.
Authorizes the Tribe or the Environmental Commission established by the Tribe and the State of Colorado to bring a civil action for declaratory or injunctive relief or other enforcement orders in the U.S. District Court for the District of Colorado if any person fails to comply with a final civil order of the Tribe or Commission under specified air quality provisions.
Retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act (CAA).
Provides for appellate review by the U.S. Court of Appeals for the Tenth Circuit of any decision by the Commission that would be subject to review if made by the Administrator.
States that nothing in this Act modifies the CAA, specified law concerning tribal boundaries and jurisdiction, or related administrative rules or affects or influences past or prospective judicial interpretations of such laws. | {"src": "billsum_train", "title": "A bill to provide for the implementation of air quality programs developed in accordance with an Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado concerning Air Quality Control on the Southern Ute Indian Reservation, and for other purposes."} | 1,132 | 279 | 0.604219 | 1.883274 | 0.840137 | 3.20354 | 4.247788 | 0.840708 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Child Care Loan Forgiveness
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) New scientific research shows that the electrical
activity of brain cells actually changes the physical structure
of the brain, and that without a stimulating environment, a
baby's brain suffers.
(2) 12,000,000 children under age 6, and 17,000,000 school-
aged children of working parents, need child care. Demand for
child care is growing as more mothers enter the workforce.
(3) Good quality child care, in a safe environment, with
trained, caring providers who offer stimulating activities
appropriate to the child's age, help children grow and thrive.
Recent research shows that most child care needs significant
improvement.
(4) Good quality child care depends largely on the
provider. Yet providers of child care earn on average only
$6.70 per hour or $11,725 per year. Such earnings cause high
turnover, which affects the overall quality of a child care
program and causes anxiety for children.
(5) Children attending lower-quality child care facilities
and child care facilities with high staff turnover are less
competent in language and social development.
(6) Low-income and high-income children are more likely
than middle-income children to attend child care facilities
providing high quality child care.
(7) The quality of child care is primarily related to high
staff-to-child ratios, staff education, and administrators'
prior experience. In addition, certain characteristics
distinguish poor, mediocre, and good-quality child care
facilities, the most important of which are teacher wages,
education, and specialized training.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to bring more highly trained individuals into the early
child care profession; and
(2) to keep more highly trained child care providers in the
early child care field for longer periods of time.
SEC. 4. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS.
Part B of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.)
is amended by inserting after section 428J of such Act (20 U.S.C. 1078-
10) the following:
``SEC. 428I. LOAN FORGIVENESS FOR CHILD CARE PROVIDERS.
``(a) Definitions.--In this section:
``(1) Child care facility.--The term `child care facility'
means a facility that--
``(A) provides child care services; and
``(B) meets applicable State or local government
licensing, certification, approval, or registration
requirements, if any.
``(2) Child care services.--The term `child care services'
means activities and services provided for the education and
care of children from birth through age 5 by an individual who
has a degree in early childhood education.
``(3) Degree.--The term `degree' means an associate's or
bachelor's degree awarded by an institution of higher
education.
``(4) Early childhood education.--The term `early childhood
education' means education in the areas of early child
education, child care, or any other educational area related to
child care that the Secretary determines appropriate.
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 1201.
``(b) Demonstration Program.--
``(1) In general.--The Secretary may carry out a
demonstration program of assuming the obligation to repay,
pursuant to subsection (c), a loan made, insured or guaranteed
under this part or part D (excluding loans made under sections
428B and 428C) for any new borrower after October 1, 1994, who
completes a degree in early childhood education and obtains
full-time employment in a child care facility.
``(2) Award basis; priority.--
``(A) Award basis.--Subject to subparagraph (B),
loan repayment under this section shall be on a first-
come, first-served basis and subject to the
availability of appropriations.
``(B) Priority.--The Secretary shall give priority
in providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
``(3) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out the
provisions of this section.
``(c) Loan Repayment.--
``(1) In general.--The Secretary shall assume the
obligation to repay 15 percent of the total amount of all loans
made after October 1, 1994, to a student under this part or
part D for each complete year of employment described in
subsection (b)(1).
``(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under this part or part D.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
``(4) Special rule.--In the case where a student borrower
who is not participating in loan repayment pursuant to this
section returns to an institution of higher education after
graduation from an institution of higher education for the
purpose of obtaining a degree in early childhood education, the
Secretary is authorized to assume the obligation to repay the
total amount of loans made under this part or part D incurred
for a maximum of two academic years in returning to an
institution of higher education for the purpose of obtaining a
degree in early childhood education. Such loans shall only be
repaid for borrowers who qualify for loan repayment pursuant to
the provisions of this section, and shall be repaid in
accordance with the provisions of paragraph (1).
``(5) Ineligibility of national service award recipients.--
No student borrower may, for the same volunteer 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.).
``(d) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to the repayment
pursuant to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each year of
qualifying employment. The borrower shall receive forbearance
while engaged in qualifying employment unless the borrower is
in deferment while so engaged.
``(f) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the demonstration program assisted under this section on the
field of early childhood education.
``(2) Competitive basis.--The grant or contract described
in subsection (a) shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall--
``(A) determine the number of individuals who were
encouraged by the demonstration program assisted under
this section to pursue early childhood education;
``(B) determine the number of individuals who
remain employed in a child care facility as a result of
participation in the program;
``(C) identify the barriers to the effectiveness of
the program;
``(D) assess the cost-effectiveness of the program
in improving the quality of--
``(i) early childhood education; and
``(ii) child care services;
``(E) identify the reasons why participants in the
program have chosen to take part in the program;
``(F) identify the number of individuals
participating in the program who received an
associate's degree and the number of such individuals
who received a bachelor's degree; and
``(G) identify the number of years each individual
participates in the program.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and the Congress such
interim reports regarding the evaluation described in this
subsection as the Secretary deems appropriate, and shall
prepare and so submit a final report regarding the evaluation
by January 1, 2002.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
1998, and such sums as may be necessary for each of the 4 succeeding
fiscal years.''.
SEC. 5. LOAN CANCELLATION.
Section 465(a) of the Higher Education Act of 1965 (20 U.S.C.
1087ee(a)) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (G), (H), and
(I) as subparagraphs (H), (I), and (J), respectively;
and
(B) by inserting after subparagraph (F), the
following:
``(G) as a full-time child care provider or
educator--
``(i) in a child care facility operated by
an entity that meets the applicable State or
local government licensing, certification,
approval, or registration requirements, if any;
and
``(ii) who has a degree in early childhood
education;''; and
(2) in paragraph (3)(A)--
(A) in clause (i), by striking ``(G), (H), or (I)''
and inserting ``(H), (I), or (J)''; and
(B) in clause (ii), by inserting ``or (G)'' after
``subparagraph (B)''. | Quality Child Care Loan Forgiveness Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out a demonstration program of student loan forgiveness for individuals who earn a degree in early childhood education and obtain full-time employment in the early child care profession.
Requires cancellation of 15 percent of a student loan for each complete year of full-time employment in a child care facility by such a child care provider or educator. | {"src": "billsum_train", "title": "Quality Child Care Loan Forgiveness Act"} | 2,187 | 99 | 0.480109 | 1.257692 | 0.359744 | 3.906977 | 24.127907 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Auto Recovery Act of
2009''.
SEC. 2. CREDIT FOR SALES TAX ON PURCHASE OF AUTOMOBILE.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30D the following new section:
``SEC. 30E. SALES TAX ON PURCHASE OF AUTOMOBILE.
``(a) In General.--In the case of a qualified taxpayer, there shall
be allowed against the tax imposed by this chapter for the taxable year
an amount equal to the qualified State and local automobile sales taxes
paid by the taxpayer with respect to the purchase of a qualified
vehicle in such taxable year.
``(b) Limitation.--For purposes of subsection (a), the purchase
price taken into account for purposes of determining qualified State
and local automobile sales taxes shall not exceed $50,000.
``(c) Qualified State and Local Automobile Sales Taxes.--For
purposes of this section--
``(1) In general.--The term `qualified State and local
automobile sales taxes' means any general sales tax in effect
on January 1, 2009, imposed on the purchase of a qualified
vehicle.
``(2) General sales tax.--The term `general sales tax' has
the meaning given such term by section 164(b)(5), determined
without regard to subparagraph (F) thereof.
``(3) Qualified vehicle.--The term `qualified vehicle'
means a motor vehicle (as defined in section 30(c)(2)) which
does not have more than 2 axles.
``(d) Qualified Taxpayer.--For purposes of this section--
``(1) In general.--The term `qualified taxpayer' means--
``(A) an individual, and
``(B) a person who employed an average of less than
50 employees on business days during the taxable year.
``(2) Controlled groups.--For purposes of paragraph (1)(B),
all persons treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as a single
employer.
``(e) No Double Benefit.--The amount of the credit allowed under
subsection (a) with respect to any vehicle shall be reduced by the
amount of the deduction allowed under section 164 for such vehicle for
the taxable year.
``(f) Election To Not Take Credit.--No credit shall be allowed
under subsection (a) for any vehicle if the taxpayer elects not to have
this section apply to such vehicle.
``(g) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--So much of the credit which would be allowed under
subsection (a) for any taxable year (determined without regard
to this subsection) that is attributable to property of a
character subject to an allowance for depreciation shall be
treated as a credit listed in section 38(b) for such taxable
year (and not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--For purposes of this title, the
credit allowed under subsection (a) for any taxable
year (determined after application of paragraph (1))
shall be treated as a credit allowable under subpart A
for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subsection (a) for
any taxable year (determined after application of
paragraph (1)) shall not exceed the excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section and
sections 23 and 25D) and section 27 for the
taxable year.
``(h) Termination.--This section shall not apply with respect to
any property purchased after December 31, 2010.''.
(b) Conforming Amendments.--
(1)(A) Section 24(b)(3)(B) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(B) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``30E,'' after ``30D,''.
(C) Section 25B(g)(2) of such Code is amended by striking
``and 30D'' and inserting ``, 30D, and 30E''.
(D) Section 26(a)(1) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(E) Section 1400C(d)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(2) Section 6501(m) of such Code is amended by inserting
``30E(f),'' after ``30D(e)(9),''.
(3) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30D the following new item:
``Sec. 30E. Sales tax on purchase of automobile.''.
(c) Effective Date.--The amendments made by this section shall
apply to vehicles purchased after December 31, 2008. | Commonsense Auto Recovery Act of 2009 - Amends the Internal Revenue Code to allow individuals and small employers a tax credit for state and local sales taxes paid on the purchase of a passenger motor vehicle (not more than two axles) the purchase price of which does not exceed $50,000. Terminates such credit after 2010. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for the State and local sales taxes paid on the purchase of an automobile."} | 1,274 | 68 | 0.526916 | 1.218735 | 0.640197 | 2.316667 | 18.4 | 0.85 |
SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This Act may be cited as the ``World Trade
Organization Dispute Settlement Review Commission Act''.
(b) Findings.--Congress finds the following:
(1) The United States joined the World Trade Organization
(in this Act referred to as the ``WTO'') as an original member
with the goal of creating an improved global trading system and
providing expanded economic opportunities for United States
firms and workers, while preserving United States sovereignty.
(2) The American people must receive assurances that United
States sovereignty will be protected, and United States
interests will be advanced, within the global trading system
which the WTO will oversee.
(3) The WTO's dispute settlement rules are meant to enhance
the likelihood that governments will observe their WTO
obligations. These dispute settlement rules will help ensure
that the United States will reap the full benefits of its
participation in the WTO.
(4) United States support for the WTO depends on obtaining
mutual trade benefits through the openness of foreign markets
and the maintenance of effective United States and WTO remedies
against unfair and otherwise harmful trade practices.
(5) Congress passed the Uruguay Round Agreements Act based
on its understanding that effective trade remedies would not be
eroded. These remedies are essential to continue the process of
opening foreign markets to imports of goods and services and to
prevent harm to American industry and agriculture.
(6) In particular, WTO dispute panels and the Appellate
Body should--
(A) operate with fairness and in an impartial
manner;
(B) not add to the obligations, or diminish the
rights, of WTO members under the Uruguay Round
Agreements; and
(C) observe the terms of reference and any
applicable WTO standard of review.
(c) Purpose.--It is the purpose of this Act to provide for the
establishment of the WTO Dispute Settlement Review Commission to
achieve the objectives described in subsection (b)(6).
SEC. 2. DEFINITIONS.
In this Act:
(1) Adverse finding.--The term ``adverse finding'' means--
(A) in a panel or Appellate Body proceeding
initiated against the United States, a finding by the
panel or the Appellate Body that, any law or regulation
of, or application thereof by, the United States, or
any State, is inconsistent with the obligations of the
United States under a Uruguay Round Agreement (or
nullifies or impairs benefits accruing to a WTO member
under such an Agreement); or
(B) in a panel or Appellate Body proceeding in
which the United States is a complaining party, any
finding by the panel or the Appellate Body that a
measure of the party complained against is not
inconsistent with that party's obligations under a
Uruguay Round Agreement (or does not nullify or impair
benefits accruing to the United States under such an
Agreement).
(2) Affirmative report.--The term ``affirmative report''
means a report described in section 234(b)(2) which contains
affirmative determinations made by the Commission under
paragraph (3) of section 4(a).
(3) Appellate body.--The term ``Appellate Body'' means the
Appellate Body established by the Dispute Settlement Body
pursuant to Article 17.1 of the Dispute Settlement
Understanding.
(4) Dispute settlement body.--The term ``Dispute Settlement
Body'' means the Dispute Settlement Body established pursuant
to the Dispute Settlement Understanding.
(5) Dispute settlement panel; panel.--The terms ``dispute
settlement panel'' and ``panel'' mean a panel established
pursuant to Article 6 of the Dispute Settlement Understanding.
(6) Dispute settlement understanding.--The term ``Dispute
Settlement Understanding'' means the Understanding on Rules and
Procedures governing the Settlement of Disputes referred to in
section 101(d)(16) of the Uruguay Round Agreements Act.
(7) Terms of reference.--The term ``terms of reference''
has the meaning given such term in the Dispute Settlement
Understanding.
(8) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
(9) Uruguay round agreement.--The term ``Uruguay Round
Agreement'' means any of the Agreements described in section
101(d) of the Uruguay Round Agreements Act.
(10) World trade organization; wto.--The terms ``World
Trade Organization'' and ``WTO'' mean the organization
established pursuant to the WTO Agreement.
(11) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered
into on April 15, 1994.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the World Trade Organization Dispute Settlement Review Commission
(in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 5
members, all of whom shall be retired judges of the Federal
judicial circuits, and who shall be appointed by the President,
after consultation with the Majority Leader and Minority Leader
of the House of Representatives, the Majority Leader and
Minority Leader of the Senate, the chairman and ranking member
of the Committee on Ways and Means of the House of
Representatives, and the chairman and ranking member of the
Committee on Finance of the Senate.
(2) Date of appointment.--The appointments of the members
of the Commission shall be made not later than 90 days after
the date of enactment of this Act.
(c) Period of Appointment; Vacancies.--
(1) In general.--Members of the Commission first appointed
shall each be appointed for a term of 5 years.
(2) Subsequent terms.--After the initial 5-year term, 3
members of the Commission shall be appointed for terms of 3
years and the remaining 2 members shall be appointed for terms
of 2 years.
(3) Vacancies.--
(A) In general.--Any vacancy on the Commission
shall not affect its powers, but shall be filled in the
same manner as the original appointment and shall be
subject to the same conditions as the original
appointment.
(B) Unexpired term.--An individual chosen to fill a
vacancy shall be appointed for the unexpired term of
the member replaced.
(d) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(2) Subsequent meetings.--The Commission shall meet
subsequently at the call of the chairperson.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(f) Chairperson and Vice Chairperson.--The Commission shall select
a chairperson and vice chairperson from among its members.
(g) Affirmative Determinations.--An affirmative vote by a majority
of the members of the Commission shall be required for any affirmative
determination by the Commission under section 4.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Review of World Trade Organization Dispute Settlement
Reports.--
(1) In general.--The Commission shall review--
(A) all reports of dispute settlement panels or the
Apellate Body of the WTO in proceedings initiated by
other parties to the WTO that are adverse to the United
States and that are adopted by the Dispute Settlement
Body; and
(B) upon request of the Trade Representative, the
chairman or ranking member of the Committee on Ways and
Means of the House of Representatives, or the chairman
or ranking member of the Committee on Finance of the
Senate, any other report of a dispute settlement panel,
or the Appellate Body that is adopted by the Dispute
Settlement Body.
(2) Scope of review.--In the case of a report described in
paragraph (1), the Commission shall conduct a complete review
and determine whether the panel or Appellate Body, as the case
may be--
(A) exceeded its authority or its terms of
reference;
(B) added to the obligations, or diminished the
rights of the United States under the Uruguay Round
Agreement that is the subject of the report;
(C) acted arbitrarily or capriciously, engaged in
misconduct, or demonstrably departed from the
procedures specified for panels and Appellate Bodies in
the applicable Uruguay Round Agreement; and
(D) deviated from the applicable standard of
review, including in antidumping, countervailing duty,
and other unfair trade remedy cases, the standard of
review set forth in Article 17.6 of the Agreement on
Implementation of Article VI of the General Agreement
on Tariffs and Trade, 1994.
(3) Affirmative determination.--If the Commission makes an
affirmative determination with respect to the action of a panel
or an Appellate Body under subparagraph (A), (B), (C), or (D)
of paragraph (2), the Commission shall determine whether the
action of the panel or Appellate Body materially affected the
outcome of the report of the panel or Appellate Body.
(b) Determination; Report.--
(1) Determination.--Not later than 120 days after the date
that a report of a panel or Appellate Body described in
subsection (a) is adopted by the Dispute Settlement Body, the
Commission shall make a written determination with respect to
matters described in subsection (a) (2) and (3).
(2) Reports.--The Commission shall report the determination
described in paragraph (1) to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of
the Senate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold any hearings, sit and act at
any time and place, take any testimony, and receive any evidence as the
Commission considers advisable to carry out the purposes of this Act.
The Commission shall provide reasonable notice of a hearing held
pursuant to this subsection.
(b) Information From Interested Parties and Federal Agencies.--
(1) Notice of panel or appellate body report.--The Trade
Representative shall advise the Commission not later than 5
days after the date the Dispute Settlement Body adopts the
report of a panel or Appellate Body that is adverse to the
United States and shall immediately publish notice of that
advice in the Federal Register, along with notice of an
opportunity for interested parties to submit comments to the
Commission.
(2) Submissions and requests for information.--Any
interested party may submit comments to the Commission
regarding the panel or Appellate Body report. The Commission
may also secure directly from any Federal department or agency
any information the Commission considers necessary to carry out
the provisions of this Act. Upon request of the chairperson of
the Commission, the head of that department or agency shall
furnish the requested information to the Commission.
(3) Access to panel and appellate body documents.--
(A) In general.--The Trade Representative shall
make available to the Commission all submissions and
relevant documents relating to the panel or Appellate
Body report, including any information contained in
submissions identified by the provider of the
information as proprietary information or information
treated as confidential by a foreign government.
(B) Public access.--Any document which the Trade
Representative submits to the Commission shall be
available to the public, except information which is
identified as proprietary or confidential.
(4) Assistance from federal agencies; confidentiality.--
(A) Administrative assistance.--Any agency or
department of the United States that is designated by
the President shall provide administrative services,
funds, facilities, staff, or other support services to
the Commission to assist the Commission with the
performance of the Commission's functions.
(B) Confidentiality.--The Commission shall protect
from disclosure any document or information submitted
to it by a department or agency of the United States
which the agency or department requests be kept
confidential. The Commission shall not be considered to
be an agency for purposes of section 552 of title 5,
United States Code. | World Trade Organization Dispute Settlement Review Commission Act - Establishes the World Trade Organization Dispute Settlement Review Commission to review: (1) all reports of dispute settlement panels or the Appellate Body of the World Trade Organization (WTO) in proceedings initiated by other parties to the WTO that are adverse to the United States and that are adopted by the Dispute Settlement Body; and (2) upon the request of U.S. Trade Representative or specified congressional officials, any other report of a dispute settlement panel, or the Appellate Body that is adopted by the Dispute Settlement Body.
Requires the Commission, with respect to such reports that are adverse to the United States and adopted by the Dispute Settlement Body, to conduct a review and determine whether the panel or Appellate Body: (1) exceeded its authority or its terms of reference; (2) added to the obligations, or diminished U.S. rights under the Uruguay Round Agreement that is the subject of the report; (3) acted arbitrarily or capriciously, engaged in misconduct, or demonstrably departed from the procedures specified for panels and Appellate Bodies in the applicable Uruguay Round Agreement; and (4) deviated from the applicable standard of review, including in antidumping, countervailing duty, and other unfair trade remedy cases, the standard of review set forth in Article 17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (GATT), 1994. Requires the Commission, if it makes an affirmative determination about the action of a panel or an Appellate Body, to determine further whether the action materially affected the outcome of the report. | {"src": "billsum_train", "title": "A bill to establish a WTO Dispute Settlement Review Commission, and for other purposes."} | 2,655 | 354 | 0.573514 | 1.90448 | 0.798315 | 5.888158 | 7.917763 | 0.960526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Women's Health Improvement
Act of 1993''.
SEC. 2. WOMEN'S HEALTH SERVICES.
(a) Women's Health Services.--Section 1701 of title 38, United
States Code, is amended--
(1) in paragraph (6)(A)(i), by inserting ``women's health
services,'' after ``preventive health services,''; and
(2) by adding at the end the following:
``(10) The term `women's health services' means health care
services provided to women, including counseling and services relating
to the following:
``(A) Papanicolaou tests (pap smear).
``(B) Breast examinations and mammography.
``(C) Comprehensive reproductive health care, including
pregnancy-related care.
``(D) The management of infertility.
``(E) The management and prevention of sexually-transmitted
diseases.
``(F) Menopause, osteoporosis, and other conditions
relating to aging.
``(G) Physical or psychological conditions arising out of
acts of sexual violence.''.
(b) Contracts for Women's Health Services.--Section 1703(a) of such
title is amended by adding at the end the following:
``(9) Women's health services for veterans on an ambulatory
or outpatient basis.''.
(c) Repeal of Superseded Authority.--Section 106 of the Veterans
Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1710 note) is
amended--
(1) by striking out subsection (a); and
(2) by striking out ``(b) Responsibilities of Directors of
Facilities.--'' before ``The Secretary''.
(d) Report on Health Care and Research.--Section 107(b) of such Act
(38 U.S.C. 1710 note) is amended--
(1) in paragraph (1), by inserting ``and women's health
services (as such term is defined in section 1701(10) of title
38, United States Code)'' after ``section 106 of this Act'';
(2) in paragraph (2), by striking out ``and (B)'' and
inserting in lieu thereof ``(B) the type and amount of services
provided by such personnel, including information on the
numbers of inpatient stays and the number of outpatient visits
through which such services were provided, and (C)'';
(3) by redesignating paragraph (4) as paragraph (7);
(4) by adding after paragraph (3) the following new
paragraphs:
``(4) A description of the personnel of the Department who
provided such services to women veterans, including the number
of employees (including both the number of individual employees
and the number of full-time employee equivalents) and the
professional qualifications or specialty training of such
employees and the Department facilities to which such personnel
were assigned.
``(5) A description of any actions taken by the Secretary
to ensure the retention of the personnel described in paragraph
(4) and any actions undertaken to recruit additional such
personnel or personnel to replace such personnel.
``(6) An assessment by the Secretary of any difficulties
experienced by the Secretary in the furnishing of such services
and the actions taken by the Secretary to resolve such
difficulties.''; and
(5) by adding after paragraph (7), as redesignated by
paragraph (3) of this subsection, the following:
``(8) A description of the actions taken by the Secretary
to foster and encourage the expansion of such research.''.
SEC. 3. EXPANSION OF RESEARCH RELATING TO WOMEN VETERANS.
(a) Health Research.--Section 109(a) of the Veterans Health Care
Act of 1992 (Public Law 102-585; 38 U.S.C. 7303 note) is amended--
(1) by inserting ``(1)'' before ``The Secretary'';
(2) in paragraph (1), as so designated, by striking out
``veterans who are women'' and inserting in lieu thereof
``women veterans''; and
(3) by adding at the end the following:
``(2) In carrying out this section, the Secretary shall consult
with the following:
``(A) The Director of the Nursing Service.
``(B) Officials of the Central Office assigned
responsibility for women's health programs and sexual trauma
services.
``(C) The members of the Advisory Committee on Women
Veterans established under section 542 of title 38, United
States Code.
``(D) Members of appropriate task forces and working groups
within the Department of Veterans Affairs (including the Women
Veterans Working Group and the Task Force on Treatment of Women
Who Suffer Sexual Abuse).
``(3) The Secretary shall foster and encourage research under this
section on the following matters as they relate to women:
``(A) Breast cancer.
``(B) Gynecological and reproductive health, including
gynecological cancer, infertility, sexually-transmitted
diseases, and pregnancy.
``(C) Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome.
``(D) Mental health, including post-traumatic stress
disorder, depression, combat related stress, and trauma.
``(E) Diseases related to aging, including menopause,
osteoporosis, and Alzheimer's Disease.
``(F) Substance abuse.
``(G) Sexual violence and related trauma.
``(H) Exposure to toxic chemicals and other environmental
hazards.
``(4) The Secretary shall, to the maximum extent practicable,
ensure that personnel of the Department of Veterans Affairs engaged in
the research referred to in paragraph (1) include the following:
``(A) Personnel of the geriatric research, education, and
clinical centers designated pursuant to section 7314 of title
38, United States Code.
``(B) Personnel of the National Center for Post-Traumatic
Stress Disorder established pursuant to section 110(c) of the
Veterans Health Care Act of 1984 (Public Law 98-528; 98 Stat.
2692).
``(5) The Secretary shall ensure that personnel of the Department
engaged in research relating to the health of women veterans are
advised and informed of such research engaged in by other personnel of
the Department.''.
(b) Inclusion of Women and Minorities in Clinical Research
Projects.--(1) In conducting or supporting clinical research, the
Secretary of Veterans Affairs shall ensure that--
(A) women who are veterans are included as subjects in each
project of such research; and
(B) members of minority groups who are veterans are
included as subjects of such research.
(2) The requirement in paragraph (1) regarding women and members of
minority groups who are veterans may be waived by the Secretary of
Veterans Affairs with respect to a project of clinical research if the
Secretary determines that the inclusion, as subjects in the project, of
women and members of minority groups, respectively--
(A) is inappropriate with respect to the health of the
subjects;
(B) is inappropriate with respect to the purpose of the
research; or
(C) is inappropriate under such other circumstances as the
Secretary of Veterans Affairs may designate.
(3) In the case of a project of clinical research in which women or
members of minority groups will under paragraph (1) be included as
subjects of the research, the Secretary of Veterans Affairs shall
ensure that the project is designed and carried out so as to provide
for a valid analysis of whether the variables being tested in the
research affect women or members of minority groups, as the case may
be, differently than other persons who are subjects of the research.
(c) Population Study.--Section 110(a) of such Act (38 U.S.C. 1710
note) is amended--
(1) in paragraph (1), by striking out the second sentence;
and
(2) by amending paragraph (3) to read as follows:
``(3)(A) Subject to subparagraph (B), the study shall be based on--
``(i) an appropriate sample of veterans who are women; and
``(ii) an examination of the medical and demographic
histories of the women comprising such sample.
``(B) The sample referred to in subparagraph (A) shall constitute a
representative sampling (as determined by the Secretary) of the ages,
the ethnic, social and economic backgrounds, the enlisted and officer
grades, and the branches of service of all veterans who are women.
``(C) In carrying out the examination referred to in subparagraph
(A)(ii), the Secretary shall determine the number of women of the
sample who have used medical facilities of the Department, nursing home
facilities of or under the jurisdiction of the Department, and
outpatient care facilities of or under the jurisdiction of the
Department.''.
SEC. 4. MAMMOGRAPHY QUALITY STANDARDS.
(a) Applicability to Department of Veterans Affairs of Mammography
Quality Standards Act of 1992.--Subsections (a) through (k) of section
354 of the Public Health Service Act (42 U.S.C. 263b) shall apply with
respect to facilities of the Department of Veterans Affairs without
regard to the last sentence of subparagraph (A) of subsection (a)(3) of
such section.
(b) Extension of Deadlines.--Any deadline for the completion of any
action prescribed under any provision referred to in subsection (a)
shall be applied with respect to facilities of the Department of
Veterans Affairs by extending such deadline so as to be two years after
the date of the enactment of this Act or two years after the date which
would otherwise be applicable under such provision, whichever is later.
(c) Interagency Cooperation.--The Secretary of Veterans Affairs
shall take appropriate steps to cooperate with the Secretary of Health
and Human Services in the implementation of this section. | Veteran Women's Health Improvement Act of 1993 - Includes women's health services within the definition of medical services authorized to be furnished to eligible veterans. Includes as women's health services pap smears, breast examinations, and reproductive health care. Authorizes the Secretary of Veterans to contract with non-Department of Veterans facilities for outpatient women's health services when Department facilities are inadequate or inaccessible. Requires information on the provision of women's health services to be included in a report from the Secretary to the Congress concerning women veterans.
Amends the Veterans Health Care Act of 1992 to: (1) require consultation by the Secretary with various officials, advisory committees, and task forces with regard to appropriate women's health research; (2) expand the research related to women to include specified topics; (3) include certain appropriate personnel of the Department in conducting such research, including women veterans and veteran members of minority groups; and (4) direct that a women veterans population study report required under such Act include an examination of the medical and demographic histories of women veterans comprising the study sample.
Makes applicable to Department medical facilities provisions of the Public Health Service Act regarding mammography quality standards. Requires all Department facilities to meet such standards within two years. | {"src": "billsum_train", "title": "Veteran Women's Health Improvement Act of 1993"} | 2,173 | 267 | 0.574142 | 1.564893 | 0.768696 | 2.221311 | 8.442623 | 0.852459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Care Mentoring Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research shows that caring adults can make a difference
in children's lives. Forty five percent of mentored teens are
less likely to use drugs. Fifty nine percent of mentored teens
have better academic performance. Seventy three percent of
mentored teens achieve higher goals generally.
(2) Children that have mentors have better relationships
with adults, fewer disciplinary referrals, and more confidence
to achieve their goals.
(3) In 2001, over 163,000 children in the foster care
system were under the age of 5 years.
(4) In 2001, over 124,000 children were under the age of 10
when they were removed from their parents or caretakers.
(5) The International Day of the Child, sponsored by
Children United Nations, has served as a great tool to recruit
mentors and partner them with needy foster care children.
(6) On November 10, 2002, as many as 3,000 children will be
matched with mentors as a result of the International Day of
the Child.
(7) States should be encouraged to incorporate mentor
programs into the delivery of their foster care services. The
State of California serves as a great example, matching close
to half a million mentors with needy children.
(8) Mentor programs that serve foster children are unique
and require additional considerations including specialized
training and support necessary to provide for consistent, long
term relationships for children in care.
(9) Mentor programs are cost-effective approaches to
decreasing the occurrence of so many social ills such as teen
pregnancy, substance abuse, incarceration and violence.
SEC. 3. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE.
Subpart 2 of part B of title IV of the Social Security Act (42
U.S.C. 629 et seq.) is amended by adding at the end the following:
``SEC. 440. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE.
``(a) Purpose.--It is the purpose of this section to authorize the
Secretary to make grants to eligible applicants to support the
establishment or expansion and operation of programs using a network of
public and private community entities to provide mentoring for children
in foster care.
``(b) Definitions.--In this section:
``(1) Children in foster care.--The term `children in
foster care' means children who have been removed from the
custody of their biological or adoptive parents by a State
child welfare agency.
``(2) Mentoring.--The term `mentoring' means a structured,
managed program in which children are appropriately matched
with screened and trained adult volunteers for one-on-one
relationships, that involves meetings and activities on a
regular basis, and that is intended to meet, in part, the
child's need for involvement with a caring and supportive adult
who provides a positive role model.
``(3) Political subdivision.--The term `political
subdivision' means a local jurisdiction below the level of the
State government, including a county, parish, borough, or city.
``(c) Grant Program.--
``(1) In general.--The Secretary shall carry out a program
to award grants to States to support the establishment or
expansion and operation of programs using networks of public
and private community entities to provide mentoring for
children in foster care.
``(2) Grants to political subdivisions.--The Secretary may
award a grant under this subsection directly to a political
subdivision if the subdivision serves a substantial number of
foster care youth (as determined by the Secretary).
``(3) Application requirements.--To be eligible for a grant
under paragraph (1), the chief executive officer of the State
or political subdivision shall submit to the Secretary an
application containing the following:
``(A) Program design.--A description of the
proposed program to be carried out using amounts
provided under this grant, including--
``(i) a list of local public and private
organizations and entities that will
participate in the mentoring network;
``(ii) the name, description, and
qualifications of the entity that will
coordinate and oversee the activities of the
mentoring network;
``(iii) the number of mentor-child matches
proposed to be established and maintained
annually under the program;
``(iv) such information as the Secretary
may require concerning the methods to be used
to recruit, screen support, and oversee
individuals participating as mentors, (which
methods shall include criminal background
checks on the individuals), and to evaluate
outcomes for participating children, including
information necessary to demonstrate compliance
with requirements established by the Secretary
for the program; and
``(v) such other information as the
Secretary may require.
``(B) Training.--An assurance that all mentors
covered under the program will receive intensive and
ongoing training in the following areas:
``(i) Child Development, including the
importance of bonding.
``(ii) Family dynamics, including the
effects of domestic violence.
``(iii) Foster care system, principles, and
practices.
``(iv) Recognizing and reporting child
abuse and neglect.
``(v) Confidentiality requirements for
working with children in care.
``(vi) Working in coordination with the
public school system.
``(vii) Other matters related to working
with children in care.
``(C) Screening.--An assurance that all mentors
covered under the program are appropriately screened
and have demonstrated a willingness to comply with all
aspects of the mentor program, including--
``(i) a description of the methods to be
used to conduct criminal background checks on
all prospective mentors; and
``(ii) a description of the methods to be
used to ensure that the mentors are willing and
able to serve as a mentor on a long term,
consistent basis.
``(D) Educational requirements.--An assurance that
all mentors recruited to serve as academic mentors
will--
``(i) have a high school diploma or its
equivalent; and
``(ii) have completed at least 1 year of
study in a program leading to a graduate or
post graduate degree.
``(E) Community consultation; coordination with
other programs.--A demonstration that, in developing
and implementing the program, the State or political
subdivision will, to the extent feasible and
appropriate--
``(i) consult with public and private
community entities, including religious
organizations, and including, as appropriate,
Indian tribal organizations and urban Indian
organizations, and with family members of
potential clients;
``(ii) coordinate the programs and
activities under the program with other
Federal, State, and local programs serving
children and youth; and
``(iii) consult and coordinate with
appropriate Federal, State, and local
corrections, workforce development, and
substance abuse and mental health agencies.
``(F) Equal access for local service providers.--An
assurance that public and private entities and
community organizations, including religious
organizations and Indian organizations, will be
eligible to participate on an equal basis.
``(G) Records, reports, and audits.--An agreement
that the State or political subdivision will maintain
such records, make such reports, and cooperate with
such reviews or audits as the Secretary may find
necessary for purposes of oversight of project
activities and expenditures.
``(H) Evaluation.--An agreement that the State or
political subdivision will cooperate fully with the
Secretary's ongoing and final evaluation of the program
under the plan, by means including providing the
Secretary access to the program and program-related
records and documents, staff, and grantees receiving
funding under the plan.
``(4) Federal share.--
``(A) In general.--A grant for a program under this
subsection shall be available to pay a percentage share
of the costs of the program up to 75 percent for each
year for which the grant is awarded.
``(B) Non-federal share.--The non-Federal share of
the cost of projects under this subsection may be in
cash or in kind. In determining the amount of the non-
Federal share, the Secretary may attribute fair market
value to goods, services, and facilities contributed
from non-Federal sources.
``(5) Considerations in awarding grants.--In awarding
grants under this subsection, the Secretary shall take into
consideration--
``(A) the overall qualifications and capacity of
the State or political subdivision program and its
partners to effectively carry out a mentoring program
under this subsection;
``(B) the level and quality of training provided to
mentors under the program;
``(C) evidence of coordination of the program with
the State's or political subdivision's social services
and education programs;
``(D) the ability of the State or political
subdivision to provide supervision and support for
mentors under the program and the youth served by such
mentors;
``(E) evidence of consultation with institutes of
higher learning;
``(F) the number of children in care served by the
State or political subdivision; and
``(G) any other factors that the Secretary
determines to be significant with respect to the need
for or the potential success of carrying out a
mentoring program under this subsection.
``(6) Use of funds.--Of the amount awarded to a State or
political subdivision under a grant under this subsection the
State or subdivision shall--
``(A) use not less than 50 percent of the total
grant amount for the training and ongoing educational
support of mentors; and
``(B) use not more than 10 percent of the total
grant amount for administrative purposes.
``(7) Maximum grant amount.--
``(A) In general.--In awarding grants under this
section, the Secretary shall consider the number of
children served by the jurisdiction and the grant
amount relative to the need for services.
``(B) Limit.--The amount of a grant awarded to a
State or political subdivision under this subsection
shall not exceed $600,000.
``(8) Annual report.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Secretary shall prepare and submit to Congress a report that
includes the following with respect to the year involved:
``(A) A description of the number of programs
receiving grant awards under this subsection.
``(B) A description of the number of mentors who
serve in the programs described in subparagraph (A).
``(C) A description of the number of mentored
foster children--
``(i) who graduate from high school;
``(ii) who enroll in college; and
``(iii) who are adopted by their mentors.
``(D) Any other information that the Secretary
determines to be relevant to the evaluation of the
program under this subsection.
``(9) Evaluation.--Not later than 3 years after the date of
enactment of this section, the Secretary shall conduct an
evaluation of the effectiveness of programs funded under this
section, including a comparison between the rate of drug and
alcohol abuse, teenage pregnancy, delinquency, homelessness,
and other outcome measures for mentored foster care youth and
non-mentored foster care youth.
``(10) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$15,000,000 for each of fiscal years 2004 and 2005, and such
sums as may be necessary for each succeeding fiscal year.
``(d) National Coordination of Statewide Mentoring Partnerships.--
``(1) In general.--The Secretary may award a competitive
grant to an eligible entity to establish a National Hotline
Service or Website to provide information to individuals who
are interested in becoming mentors to youth in foster care.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$4,000,000 for each of fiscal years 2004 and 2005, and such
sums as may be necessary for each succeeding fiscal year.
``(e) Loan Forgiveness.--
``(1) Definitions.--In this subsection:
``(A) Eligible mentor.--The term `eligible mentor'
means an individual who has served as a mentor in a
statewide mentor program established under subsection
(c) for at least 200 hours in a single calendar year.
``(B) Federal student loan.--The term `Federal
student loan' means any loan made, insured, or
guaranteed under part B, D, or E of tide IV of the
Higher Education Act of 1965.
``(C) Secretary.--The term `Secretary' means the
Secretary of Education.
``(2) Relief from indebtedness.--
``(A) In general.--The Secretary shall carry out a
program to provide for the discharge or cancellation of
the Federal student loan indebtedness of an eligible
mentor.
``(B) Method of discharge or cancellation.--A loan
that will be discharged or canceled under the program
under subparagraph (A) shall be discharged or canceled
as provided for using the method under section 437(a),
455(a)(1), or 464(c)(1)(F) of the Higher Education Act
of 1965, as applicable.
``(C) Amount of relief.--The amount of relief to be
provided with respect to a loan under this subsection
shall--
``(i) be equal to $2,000 for each 200 hours
of service of an eligible mentor; and
``(ii) not exceed a total of $20,000 for an
eligible individual.
``(3) Facilitation of claims.--The Secretary shall--
``(A) establish procedures for the filing of
applications for the discharge or cancellation of loans
under this subsection by regulations that shall be
prescribed and published within 90 days after the date
of enactment of this section and without regard to the
requirements of section 553 of title 5, United States
Code; and
``(B) take such actions as may be necessary to
publicize the availability of the program established
under this subsection for eligible mentors.
``(4) Funding.--Amounts available for the purposes of
making payments to lenders in accordance with section 437(a) of
the Higher Education Act of 1965 for the discharge of
indebtedness of deceased or disabled individuals shall be
available for making payments to lenders of loans to eligible
mentors as provided for in this subsection.''. | Foster Care Mentoring Act of 2003 - Amends title IV part B (Child-Welfare Services) of the Social Security Act to direct the Secretary of Health and Human Services to award grants to States to support the establishment or expansion and operation of programs using networks of public and private community entities to provide mentoring for children in foster care. Authorizes a grant award directly to a political subdivision if the subdivision serves a substantial number of foster care youth.
Prescribes program implementation guidelines, including: (1) application requirements; (2) training; (3) screening; (4) educational requirements; (5) Federal and non-Federal share of funds for the Program; (6) considerations in awarding grants; and (7) use of funds. Sets forth a maximum grant amount to be awarded to a State or political subdivision. Authorizes the Secretary to award a competitive grant to an eligible entity to establish a National Hotline Service or Website to provide information to individuals interested in becoming mentors to youth in foster care. Instructs the Secretary of Education to implement a program to provide for the discharge or cancellation of the Federal student loan indebtedness of an eligible mentor. | {"src": "billsum_train", "title": "To support the establishment or expansion and operation of programs using a network of public and private community entities to provide mentoring for children in foster care."} | 3,159 | 251 | 0.529036 | 1.574788 | 0.780329 | 4.799107 | 13.433036 | 0.933036 |
SECTION 1. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION
SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE
ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY.
(a) In General.--Section 1303 of the Patient Protection and
Affordable Care Act (Public Law 111-148), as amended by section
10104(c) of such Act, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(2) by redesignating paragraph (4) of subsection (b) as
subsection (d) and transferring such subsection (d) after the
subsection (c) inserted by paragraph (4) of this subsection
with appropriate indentation;
(3) by amending subsection (b) to read as follows:
``(b) Special Rules Relating to Coverage of Abortion Services.--
Nothing in this Act (or any amendment made by this Act) shall be
construed to require any health plan to provide coverage of or access
to abortion services or to allow the Secretary or any other Federal or
non-Federal person or entity in implementing this Act (or amendment) to
require coverage of or access to such services.'';
(4) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Abortion Funding.--
``(1) In general.--No funds authorized or appropriated by
this Act (or an amendment made by this Act), including credits
applied toward qualified health plans under section 36B of the
Internal Revenue Code of 1986 or cost-sharing reductions under
section 1402 of this Act may be used to pay for any abortion or
to cover any part of the costs of any health plan that includes
coverage of abortion, except in the case where a woman suffers
from a physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the woman in
danger of death unless an abortion is performed, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, or unless the pregnancy is the result of
an act of rape or incest.
``(2) Option to purchase separate coverage or plan.--
Nothing in this subsection shall be construed as prohibiting
any non-Federal entity (including an individual or a State or
local government) from purchasing separate coverage for
abortions for which funding is prohibited under this
subsection, or a plan that includes such abortions, so long
as--
``(A) such coverage or plan is paid for entirely
using only funds not authorized or appropriated by this
Act; and
``(B) such coverage or plan is not purchased
using--
``(i) individual premium payments required
for a qualified health plan offered through an
Exchange towards which a credit is applied
under section 36B of the Internal Revenue Code
of 1986; or
``(ii) other non-Federal funds required to
receive a Federal payment, including a State's
or locality's contribution of Medicaid matching
funds.
``(3) Option to offer coverage or plan.--Nothing in this
subsection or section 1311(d)(2)(B)(i) shall restrict any non-
Federal health insurance issuer offering a qualified health
plan from offering separate coverage for abortions for which
funding is prohibited under this subsection, or a plan that
includes such abortions, so long as--
``(A) premiums for such separate coverage or plan
are paid for entirely with funds not authorized or
appropriated by this Act;
``(B) administrative costs and all services offered
through such coverage or plan are paid for using only
premiums collected for such coverage or plan; and
``(C) any such non-Federal health insurance issuer
that offers a qualified health plan through an Exchange
that includes coverage for abortions for which funding
is prohibited under this subsection also offers a
qualified health plan through the Exchange that is
identical in every respect except that it does not
cover abortions for which funding is prohibited under
this subsection.'';
(5) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, strike ``Regarding Abortion'';
(B) in the heading of each of paragraphs (1) and
(2), strike each place it appears ``regarding
abortion''; and
(C) in paragraph (1), insert ``conscience
protection, abortion, or'' after ``State laws
regarding'';
(6) in subsection (f), as redesignated by paragraph (1), by
striking ``Nothing'' and inserting ``Subject to subsection (g),
nothing''; and
(7) by adding at the end the following new subsection:
``(g) Nondiscrimination on Abortion.--
``(1) Nondiscrimination.--A Federal agency or program, and
any State or local government that receives Federal financial
assistance under this Act (or an amendment made by this Act),
may not--
``(A) subject any individual or institutional
health care entity to discrimination; or
``(B) require any health plan created or regulated
under this Act (or an amendment made by this Act) to
subject any individual or institutional health care
entity to discrimination,
on the basis that the health care entity does not provide, pay
for, provide coverage of, or refer for abortions.
``(2) Definition.--In this subsection, the term
``healthcare entity'' includes an individual physician or other
health care professional, a hospital, a provider-sponsored
organization, a health maintenance organization, a health
insurance plan, or any other kind of health care facility,
organization, or plan.
``(3) Administration.--The Office for Civil Rights of the
Department of Health and Human Services is designated to
receive complaints of discrimination based on this subsection,
and coordinate the investigation of such complaints.''.
(b) Conforming Amendment.--Section 1334(a)(6) of such Act is
amended to read as follows:
``(6) Coverage consistent with federal policy.--In entering
into contracts under this subsection, the Director shall ensure
that no multi-State qualified health plan offered in an
Exchange provides coverage for abortions for which funding is
prohibited under subsection 1303(c) of this Act.''. | Amends the Patient Protection and Affordable Care Act to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions. | {"src": "billsum_train", "title": "To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act."} | 1,387 | 114 | 0.500121 | 1.268728 | 0.63858 | 3.980952 | 12.304762 | 0.87619 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Passenger Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Annually the losses in the United States from motor
vehicle collisions is estimated to be over 800 deaths and over
80,000 injuries to children through the age of 4.
(2) Properly used child restraints in motor vehicles can
reduce the chance of serious or fatal injury in a motor vehicle
collision by 69 percent for infants and 47 percent for toddlers
through the age of 4.
(3) Some of the most common seating position designs that
have emerged in motor vehicles during the last decade make
secure installation of child restraints difficult and, in some
circumstances, impossible.
(4) Results from regional child restraint clinics have
shown that 70 to 90 percent of child restraints are improperly
installed or otherwise misused largely due to the complication
and wide variation of seat belt and child restraint designs.
(5) There is an immediate need to expand the availability
of national, State, and local child restraint education
programs and supporting resources and materials to help
agencies and associated organizations to carry out effective
public education in child restraints.
SEC. 3. CHILD PASSENGER EDUCATION.
(a) Awards.--The Secretary may enter into contracts or cooperative
agreements with, and may make grants to, State highway offices and
other experienced child passenger safety organizations to obtain and
distribute national, State, and local child restraint education
programs and supporting educational materials.
(b) Use of Funds.--Funds provided under a contract, cooperative
agreement, or grant under subsection (a) shall be used to implement
child restraint programs which are designed to prevent deaths and
injuries to children through the age of 4 and which--
(1) educate the public in all aspects of proper
installation of child restraints using standard seat belt
hardware, supplemental hardware and modification devices where
needed, and special installation techniques;
(2) educate the public in appropriate child restraint
design selection and placement and in harness threading and
harness adjustment; and
(3) train and retrain child passenger safety professionals,
police officers, fire and emergency medical personnel, and
other educators in all aspects of child restraint use.
(c) Distribution of Funds.--An entity which receives funds under a
contract, cooperative agreement, or grant under subsection (a) shall in
carrying out subsection (b)--
(1) use not more than 25 percent of such funds on existing
nationwide child restraint education programs;
(2) use not more than 25 percent of such funds on existing
State child restraint education programs; and
(3) use at least 50 percent of such funds to implement new
national, State, and local child restraint education programs.
SEC. 4. APPLICATIONS AND REPORTS.
(a) Applications.--An entity desiring a contract, cooperative
agreement, or grant under section 3(a) shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(b) Reports.--An entity which receives a contract, cooperative
agreement, or grant under section 3(a) shall prepare and submit to the
Secretary an annual report during the period in which it receives funds
under such contract, cooperative agreement, or grant. Such a report
shall contain such information as the Secretary may require and shall,
at a minimum, describe the program activities undertaken with such
funds, including--
(1) any child restraint education program that has been
developed directly or indirectly by such entity and the target
population of such program;
(2) support materials for such a program that have been
obtained by such entity and the method by which the entity
distributed such materials; and
(3) any initiatives undertaken by such entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution of child restraint education
programs and materials.
SEC. 5. REPORT TO CONGRESS.
The Secretary shall prepare and submit to the Congress an annual
report on the implementation of this Act which includes a description
of the programs undertaken and materials developed and distributed by
entities receiving funds under section 3(a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out section 3 of this Act, there are
authorized to be appropriated to the Secretary $7,500,000 for each of
the fiscal years 1998 and 1999, of which not more than $350,000 may be
spent in any fiscal year for administrative costs.
SEC. 7. DEFINITIONS.
For purposes of this Act--
(1) the term ``Secretary'' means the Secretary of
Transportation;
(2) the term ``child restraint education programs''
includes publications, audiovisual presentations,
demonstrations, and computerized programs; and
(3) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Northern Mariana Islands, and any other territory or
possession of the United States. | Child Passenger Protection Act - Authorizes the Secretary of Transportation to enter into contracts with, and make grants to, State highway offices and other experienced child passenger safety organizations to distribute national, State, and local motor vehicle child restraint education programs and supporting educational materials.
Authorizes appropriations. | {"src": "billsum_train", "title": "Child Passenger Protection Act"} | 1,091 | 65 | 0.553092 | 1.419564 | 1.098268 | 4.777778 | 19.277778 | 0.962963 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) It is in the best interest of the United States to
develop clean renewable geothermal energy.
(2) Development of such energy should be promoted on
appropriate Federal lands.
(3) Under the Energy Policy Act of 2005, the Bureau of Land
Management is authorized to issue three different types of non-
competitive leases for production of geothermal energy on
Federal lands, including non-competitive geothermal leases to
mining claim holders that have a valid operating plan, direct
use leases, and leases on parcels that do not sell at a
competitive auction.
(4) Federal geothermal energy leasing activity should be
directed towards those seeking to develop the land as opposed
to those seeking to speculate on geothermal resources and
thereby artificially raising the cost of legitimate geothermal
energy development.
(5) Developers of geothermal energy on Federal lands that
have invested substantial capital and made high risk
investments should be allowed to secure a discovery of
geothermal energy resources.
(6) Successful geothermal development on Federal lands will
provide increased revenue to the Federal Government, with the
payment of production royalties over decades.
SEC. 2. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
The Geothermal Steam Act of 1970 is amended--
(1) in section 2 (30 U.S.C. 1001)--
(A) by striking the period at the end of each of
paragraphs (e) and (f) and inserting a semicolon;
(B) by striking ``, and'' at the end of paragraph
(g) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(h) `industry standards' means the standards by which a
qualified geothermal professional assesses whether downhole or
flowing temperature measurements with indications of
permeability are sufficient to produce geothermal steam or
geothermal resources as determined through flow or injection
testing or measurement of lost circulation while drilling;
``(i) `qualified geothermal professional' means an
individual who is an engineer or geoscientist in good
professional standing with at least five years of experience in
geothermal exploration, development, project assessment, or any
combination of the forgoing; and
``(j) `valid discovery' means a discovery of a geothermal
resource by a new or existing slim hole or production well,
that exhibits downhole or flowing temperature measurements with
indications of permeability sufficient to meet industry
standards.''; and
(2) in section 4(b) (30 U.S.C. 1003(b)), by adding at the
end the following:
``(4) Adjoining lands.--
``(A) In general.--Areas that adjoin Federal or
non-Federal lands for which a qualified company or
individual holds a legal right to develop geothermal
resources may be available for noncompetitive lease
under this section to the qualified company or
individual at the fair market value per acre, if--
``(i) the adjoining areas--
``(I) consist of an area of not
more than a total of 640 acres;
``(II) each consist of not less
than one acre;
``(III) are not already leased
under this Act or nominated to be
leased under subsection (a);
``(ii) the qualified company or individual
has not previously received a noncompetitive
lease under this paragraph in connection with
the valid discovery for which data has been
submitted under subclause (I) of clause (iii);
and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified company or individual to the
relevant Federal land management agency that
would engender a belief in individuals who are
experienced in the subject matter that--
``(I) there is a valid discovery of
geothermal steam or geothermal
resources on the lands for which the
qualified company or individual holds
the legal right to develop geothermal
resources; and
``(II) such thermal feature extends
into the adjoining areas.
``(B) Fair market value per acre defined.--As used
in this paragraph, the term `fair market value per
acre' means a dollar amount per acre that--
``(i) except as provided in this
subparagraph, shall be equal to the market
value per acre, as determined by the Secretary;
``(ii) shall be determined by the Secretary
with respect to a lease under this paragraph,
by not later than the end of the 90-day period
beginning on the date the Secretary receives an
application for the lease;
``(iii) if the Secretary does not determine
the fair market value per acre for a lease
before the end of the period referred to in
clause (ii), shall be $100 per acre (adjusted
by the Secretary for inflation annually
beginning with fiscal year 2010) until the
Secretary establishes such fair market value;
and
``(iv) for any lease for which an
application is received before the end of the
15-year period beginning on the date of the
enactment of this clause, shall not exceed $200
per acre (adjusted by the Secretary for
inflation annually beginning with fiscal year
2010).''. | Amends competitive lease provisions of the Geothermal Steam Act of 1970 to set forth conditions under which areas that adjoin federal or nonfederal land for which a qualified company or individual holds a legal right to develop geothermal resources may be made available to the company or individual for noncompetitive lease at the fair market value per acre.
Includes as such conditions that sufficient data has been submitted by a qualified geothermal professional to the relevant federal land management agency to engender a belief that: (1) there is a valid discovery of geothermal or geothermal steam resources on the lands for which the company or individual holds the right to develop the resources; and (2) the thermal feature extends into the adjoining areas. | {"src": "billsum_train", "title": "To amend the Geothermal Steam Act of 1970 to authorize noncompetitive leasing of certain areas adjoining other lands for which a qualified company or individual holds a preexisting legal right to develop geothermal resources, and for other purposes."} | 1,196 | 156 | 0.638486 | 1.968912 | 0.800569 | 3.666667 | 8.242424 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Tax Extenders
Act''.
SEC. 2. RENEWABLE ENERGY CREDIT.
(a) 10-Year Extension.--Each of the following provisions of section
45(d) of the Internal Revenue Code of 1986 is amended by striking
``January 1, 2009'' and inserting ``January 1, 2019'':
(1) Paragraph (1).
(2) Clauses (i) and (ii) of paragraph (2)(A).
(3) Clauses (i)(I) and (ii) of paragraph (3)(A).
(4) Paragraph (4).
(5) Paragraph (5).
(6) Paragraph (6).
(7) Paragraph (7).
(8) Subparagraphs (A) and (B) of paragraph (9).
(b) Expansion of Biomass Facilities.--
(1) Open-loop biomass facilities.--Paragraph (3) of section
45(d) of the Internal Revenue Code of 1986 is amended by
redesignating subparagraph (B) as subparagraph (C) and by
inserting after subparagraph (A) the following new
subparagraph:
``(B) Expansion of facility.--Such term shall
include a new unit placed in service after the date of
the enactment of this subparagraph in connection with a
facility described in subparagraph (A), but only to the
extent of the increased amount of electricity produced
at the facility by reason of such new unit.''.
(2) Closed-loop biomass facilities.--Paragraph (2) of
section 45(d) of such Code is amended by redesignating
subparagraph (B) as subparagraph (C) and inserting after
subparagraph (A) the following new subparagraph:
``(B) Expansion of facility.--Such term shall
include a new unit placed in service after the date of
the enactment of this subparagraph in connection with a
facility described in subparagraph (A)(i), but only to
the extent of the increased amount of electricity
produced at the facility by reason of such new unit.''.
(c) Modification of Rules for Hydropower Production.--Subparagraph
(C) of section 45(c)(8) of such Code is amended to read as follows:
``(C) Nonhydroelectric dam.--For purposes of
subparagraph (A), a facility is described in this
subparagraph if--
``(i) the hydroelectric project installed
on the nonhydroelectric dam is licensed by the
Federal Energy Regulatory Commission and meets
all other applicable environmental, licensing,
and regulatory requirements,
``(ii) the nonhydroelectric dam was placed
in service before the date of the enactment of
this paragraph and operated for flood control,
navigation, or water supply purposes and did
not produce hydroelectric power on the date of
the enactment of this paragraph, and
``(iii) the hydroelectric project is
operated so that the water surface elevation at
any given location and time that would have
occurred in the absence of the hydroelectric
project is maintained, subject to any license
requirements imposed under applicable law that
change the water surface elevation for the
purpose of improving environmental quality of
the affected waterway.
The Secretary, in consultation with the Federal Energy
Regulatory Commission, shall certify if a hydroelectric
project licensed at a nonhydroelectric dam meets the
criteria in clause (iii). Nothing in this section shall
affect the standards under which the Federal Energy
Regulatory Commission issues licenses for and regulates
hydropower projects under part I of the Federal Power
Act.''.
(d) Effective Date.--
(1) Extension.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
property originally placed in service after December 31, 2008.
(2) Expansion of biomass facilities.--The amendments made
by subsection (d) shall apply to property placed in service
after the date of the enactment of this Act.
SEC. 3. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM MARINE
RENEWABLES.
(a) In General.--Paragraph (1) of section 45(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
subparagraph (G), by striking the period at the end of subparagraph (H)
and inserting
``, and'', and by adding at the end the following new subparagraph:
``(I) marine and hydrokinetic renewable energy.''.
(b) Marine Renewables.--Subsection (c) of section 45 of such Code
is amended by adding at the end the following new paragraph:
``(10) Marine and hydrokinetic renewable energy.--
``(A) In general.--The term `marine and
hydrokinetic renewable energy' means energy derived
from--
``(i) waves, tides, and currents in oceans,
estuaries, and tidal areas,
``(ii) free flowing water in rivers, lakes,
and streams,
``(iii) free flowing water in an irrigation
system, canal, or other man-made channel,
including projects that utilize nonmechanical
structures to accelerate the flow of water for
electric power production purposes, or
``(iv) differentials in ocean temperature
(ocean thermal energy conversion).
``(B) Exceptions.--Such term shall not include any
energy which is derived from any source which utilizes
a dam, diversionary structure (except as provided in
subparagraph (A)(iii)), or impoundment for electric
power production purposes.''.
(c) Definition of Facility.--Subsection (d) of section 45 of such
Code is amended by adding at the end the following new paragraph:
``(11) Marine and hydrokinetic renewable energy
facilities.--In the case of a facility producing electricity
from marine and hydrokinetic renewable energy, the term
`qualified facility' means any facility owned by the taxpayer--
``(A) which has a nameplate capacity rating of at
least 150 kilowatts, and
``(B) which is originally placed in service on or
after the date of the enactment of this paragraph and
before January 1, 2019.''.
(d) Credit Rate.--Subparagraph (A) of section 45(b)(4) of such Code
is amended by striking ``or (9)'' and inserting ``(9), or (11)''.
(e) Coordination With Small Irrigation Power.--Paragraph (5) of
section 45(d) of such Code, as amended by section 1, is amended by
striking ``January 1, 2019'' and inserting ``the date of the enactment
of paragraph (11)''.
(f) Effective Date.--The amendments made by this section shall
apply to electricity produced and sold after the date of the enactment
of this Act, in taxable years ending after such date.
SEC. 4. ENERGY CREDIT.
(a) Extension of Credit.--
(1) Solar energy property.--Paragraphs (2)(A)(i)(II) and
(3)(A)(ii) of section 48(a) of the Internal Revenue Code of
1986 are each amended by striking ``January 1, 2009'' and
inserting ``January 1, 2019''.
(2) Fuel cell property.--Subparagraph (E) of section
48(c)(1) of such Code is amended by striking ``December 31,
2008'' and inserting ``December 31, 2018''.
(3) Microturbine property.--Subparagraph (E) of section
48(c)(2) of such Code is amended by striking ``December 31,
2008'' and inserting ``December 31, 2018''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 5. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.
(a) Extension.--Section 25D(g) of the Internal Revenue Code of 1986
is amended by striking ``December 31, 2008'' and inserting ``December
31, 2018''.
(b) Credit for Geothermal Heat Pump Systems.--
(1) In general.--Section 25D(a) of such Code is amended by
striking ``and'' at the end of paragraph (2), by striking the
period at the end of paragraph (3) and inserting ``, and'', and
by adding at the end the following new paragraph:
``(4) 30 percent of the qualified geothermal heat pump
property expenditures made by the taxpayer during such year.''.
(2) Limitation.--Section 25D(b)(1) 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 at the end the following new subparagraph:
``(D) $2,000 with respect to any qualified
geothermal heat pump property expenditures.''.
(3) Qualified geothermal heat pump property expenditure.--
Section 25D(d) of such Code is amended by adding at the end the
following new paragraph:
``(4) Qualified geothermal heat pump property
expenditure.--
``(A) In general.--The term `qualified geothermal
heat pump property expenditure' means an expenditure
for qualified geothermal heat pump property installed
on or in connection with a dwelling unit located in the
United States and used as a residence by the taxpayer.
``(B) Qualified geothermal heat pump property.--The
term `qualified geothermal heat pump property' means
any equipment which--
``(i) uses the ground or ground water as a
thermal energy source to heat the dwelling unit
referred to in subparagraph (A) or as a thermal
energy sink to cool such dwelling unit, and
``(ii) meets the requirements of the Energy
Star program which are in effect at the time
that the expenditure for such equipment is
made.''.
(4) Maximum expenditures in case of joint occupancy.--
Section 25D(e)(4)(A) of such Code is amended by striking
``and'' at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, and'', and by adding
at the end the following new clause:
``(iv) $6,667 in the case of any qualified
geothermal heat pump property expenditures.''.
(c) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2008.
SEC. 6. ALTERNATIVE MOTOR VEHICLE CREDIT.
(a) Extension.--Subsection (j) of section 30B of the Internal
Revenue Code of 1986 (relating to termination of credit) is amended to
read as follows:
``(j) Termination.--This section shall not apply to any property
purchased after December 31, 2018.''.
(b) Repeal of Limitation on Number of New Qualified Hybrid and
Advanced Lean-Burn Technology Vehicles Eligible for Credit.--Section
30B of such Code is amended by striking subsection (f).
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
(2) Repeal of limitation.--The amendment made by subsection
(b) shall apply to vehicles manufactured after December 31,
2008. | Renewable Energy Tax Extenders Act - Amends the Internal Revenue Code to extend through 2018 the tax credit for producing electricity from certain renewable resources (e.g., wind, biomass, solar energy, small irrigation power, landfill gas, trash combustion, and hydropower facilities). Includes marine and hydrokinetic renewable energy as a renewable resource for purposes of such credit.
Extends through 2018: (1) the energy tax credit for solar energy, fuel cell, and microturbine property; and (2) the tax credit for residential energy efficient property expenditures. Allows a 30% residential energy efficiency tax credit for the installation of geothermal heat pump systems.
Extends through 2018 the alternative motor vehicle tax credit. Eliminates the limitation on the number of new qualified hybrid and advanced lean-burn technology vehicles eligible for such credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend certain renewable energy provisions for 10 years, and for other purposes."} | 2,598 | 175 | 0.476481 | 1.202912 | 0.624343 | 2.292208 | 14.603896 | 0.837662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bay Area Regional Water Recycling
Program Expansion Act of 2009''.
SEC. 2. PROJECT AUTHORIZATIONS.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (43 U.S.C. 390h et seq.) (as amended by section
512(a) of the Consolidated Natural Resources Act of 2008) is amended by
adding at the end the following:
``SEC. 1649. CCCSD-CONCORD RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Central Contra Costa Sanitary District, California, is authorized to
participate in the design, planning, and construction of recycled water
distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,800,000.
``SEC. 1650. CENTRAL DUBLIN RECYCLED WATER DISTRIBUTION AND RETROFIT
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the Dublin
San Ramon Services District, California, is authorized to participate
in the design, planning, and construction of recycled water system
facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,150,000.
``SEC. 1651. PETALUMA RECYCLED WATER PROJECT, PHASES 2A, 2B, AND 3.
``(a) Authorization.--The Secretary, in cooperation with the City
of Petaluma, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000.
``SEC. 1652. CENTRAL REDWOOD CITY RECYCLED WATER PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,000,000.
``SEC. 1653. PALO ALTO RECYCLED WATER PIPELINE PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, is authorized to participate in the design,
planning, and construction of recycled water system facilities.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $8,250,000.
``SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH RECYCLED WATER
PROJECT.
``(a) Authorization.--The Secretary, in cooperation with the
Ironhouse Sanitary District (ISD), California, is authorized to
participate in the design, planning, and construction of recycled water
distribution systems.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.''.
(b) Project Implementation.--In carrying out sections 1642 through
1648 of the Reclamation Wastewater and Groundwater Study and Facilities
Act, and sections 1649 through 1654 of such Act, as added by subsection
(a), the Secretary shall enter into individual agreements with the San
Francisco Bay Area Regional Water Recycling implementing agencies to
fund the projects through the Bay Area Clean Water Agencies (BACWA) or
its successor, and shall include in such agreements a provision for the
reimbursement of construction costs, including those construction costs
incurred prior to the enactment of this Act.
(c) Clerical Amendments.--The table of contents of the Reclamation
Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371)
(as amended by section 512(a) of the Consolidated Natural Resources Act
of 2008) is amended by inserting after the item relating to section
1648 the following new items:
``Sec. 1649. CCCSD-Concord recycled water project.
``Sec. 1650. Central Dublin recycled water distribution and retrofit
project.
``Sec. 1651. Petaluma recycled water project, phases 2a, 2b, and 3.
``Sec. 1652. Central Redwood City recycled water project.
``Sec. 1653. Palo Alto recycled water pipeline project.
``Sec. 1654. Ironhouse Sanitary District (ISD) Antioch recycled water
project.''.
SEC. 3. MODIFICATION TO AUTHORIZED PROJECTS.
(a) Antioch Recycled Water Project.--Section 1644(d) of the
Reclamation Wastewater and Groundwater Study and Facilities Act (43
U.S.C. 390h-27) (as amended by section 512(a) of the Consolidated
Natural Resources Act of 2008) is amended by striking ``$2,250,000''
and inserting ``$3,125,000''.
(b) South Bay Advanced Recycled Water Treatment Facility.--Section
1648(d) of the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-31) (as amended by section 512(a) of the
Consolidated Natural Resources Act of 2008) is amended by striking
``$8,250,000'' and inserting ``$13,250,000''. | Bay Area Regional Water Recycling Program Expansion Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of: (1) recycled water distribution systems in California in cooperation with the Central Contra Costa Sanitary District and the Ironhouse Sanitary District; and (2) recycled water system facilities in California in cooperation with the Dublin San Ramon Services District, the city of Petaluma, Redwood City, and the city of Palo Alto. Limits the federal share of each project to 25%. Prohibits the Secretary from providing funds for project operation and maintenance.
Directs the Secretary to: (1) enter into individual agreements with the San Francisco Bay Area Regional Water Recycling implementing agencies to fund specified projects under such Act through the Bay Area Clean Water Agencies; and (2) include in such agreements a provision for the reimbursement of construction costs.
Increases the authorization of appropriations for the design, planning, and construction of: (1) recycled water system facilities in cooperation with the city of Antioch, California; and (2) recycled water treatment facilities in cooperation with the city of San Jose, California, and the Santa Clara Valley Water District. | {"src": "billsum_train", "title": "A bill to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to expand the Bay Area Regional Recycling Program, and for other purposes."} | 1,698 | 258 | 0.650235 | 1.864879 | 0.752663 | 3.55042 | 5.668067 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Uniformity for Food Act of
2004''.
SEC. 2. NATIONAL UNIFORMITY FOR FOOD.
(a) National Uniformity.--Section 403A(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343-1(a)) is amended--
(1) in paragraph (4), by striking ``or'' at the end;
(2) in paragraph (5), by striking the period and inserting
``, or'';
(3) by inserting after paragraph (5) the following:
``(6) any requirement for a food described in section
402(a)(1), 402(a)(2), 402(a)(6), 402(a)(7), 402(c), 404, 406,
409, 512, or 721(a), that is not identical to the requirement
of such section.''; and
(4) by adding at the end the following: ``For purposes of
paragraph (6) and section 403B, the term `identical' means that
the language under the laws of a State or a political
subdivision of a State is substantially the same language as
the comparable provision under this Act and that any
differences in language do not result in the imposition of
materially different requirements. For purposes of paragraph
(6), the term `any requirement for a food' does not refer to
provisions of this Act that relate to procedures for Federal
action under this Act.''.
(b) Uniformity in Food Safety Warning Notification Requirements.--
Chapter IV of such Act (21 U.S.C. 341 et seq.) is amended--
(1) by redesignating sections 403B and 403C as sections
403C and 403D, respectively; and
(2) by inserting after section 403A the following new
section:
``SEC. 403B. UNIFORMITY IN FOOD SAFETY WARNING NOTIFICATION
REQUIREMENTS.
``(a) Uniformity Requirement.--
``(1) In general.--Except as provided in subsections (c)
and (d), no State or political subdivision of a State may,
directly or indirectly, establish or continue in effect under
any authority any notification requirement for a food that
provides for a warning concerning the safety of the food, or
any component or package of the food, unless such a
notification requirement has been prescribed under the
authority of this Act and the State or political subdivision
notification requirement is identical to the notification
requirement prescribed under the authority of this Act.
``(2) Definitions.--For purposes of paragraph (1)--
``(A) the term `notification requirement' includes
any mandatory disclosure requirement relating to the
dissemination of information about a food by a
manufacturer or distributor of a food in any manner,
such as through a label, labeling, poster, public
notice, advertising, or any other means of
communication, except as provided in paragraph (3);
``(B) the term `warning', used with respect to a
food, means any statement, vignette, or other
representation that indicates, directly or by
implication, that the food presents or may present a
hazard to health or safety; and
``(C) a reference to a notification requirement
that provides for a warning shall not be construed to
refer to any requirement or prohibition relating to
food safety that does not involve a notification
requirement.
``(3) Construction.--Nothing in this section shall be
construed to prohibit a State from conducting the State's
notification, disclosure, or other dissemination of
information, or to prohibit any action taken relating to a
mandatory recall, civil administrative order, embargo,
detention order, or court proceeding involving food
adulteration under a State statutory requirement identical to a
food adulteration requirement under this Act.
``(b) Review of Existing State Requirements.--
``(1) Existing state requirements; deferral.--Any
requirement that--
``(A)(i) is a State notification requirement that
expressly applies to a specified food or food component
and that provides for a warning described in subsection
(a) that does not meet the uniformity requirement
specified in subsection (a); or
``(ii) is a State food safety requirement described
in section 403A(6) that does not meet the uniformity
requirement specified in that paragraph; and
``(B) is in effect on the date of enactment of the
National Uniformity for Food Act of 2004,
shall remain in effect for 180 days after that date of
enactment.
``(2) State petitions.--With respect to a State
notification or food safety requirement that is described in
paragraph (1), the State may petition the Secretary for an
exemption or a national standard under subsection (c). If a
State submits such a petition within 180 days after the date of
enactment of the National Uniformity for Food Act of 2004, the
notification or food safety requirement shall remain in effect
in accordance with subparagraph (C) of paragraph (3), and the
time periods and provisions specified in subparagraphs (A) and
(B) of such paragraph shall apply in lieu of the time periods
and provisions specified in subsection (c)(3) (but not the time
periods and provisions specified in subsection (d)(2)).
``(3) Action on petitions.--
``(A) Publication.--Not later than 270 days after
the date of enactment of the National Uniformity for
Food Act of 2004, the Secretary shall publish a notice
in the Federal Register concerning any petition
submitted under paragraph (2) and shall provide 180
days for public comment on the petition.
``(B) Time periods.--Not later than 360 days after
the end of the period for public comment, the Secretary
shall take final agency action on the petition.
``(C) Action.--
``(i) In general.--With respect to a State
that submits to the Secretary a petition in
accordance with paragraph (2), the notification
or food safety requirement involved shall
remain in effect during the period beginning on
the date of enactment of the National
Uniformity for Food Act of 2004 and ending on
the applicable date under subclause (I) or
(II), as follows:
``(I) If the petition is denied by
the Secretary, the date of such denial.
``(II) If the petition is approved
by the Secretary, the effective date of
the final rule that is promulgated
under subsection (c) to provide an
exemption or national standard pursuant
to the petition, except that there is
no applicable ending date under this
subparagraph for a provision of State
law that is part of such State
requirement in any case in which the
final rule does not establish any
condition regarding such provision of
law.
``(ii) Noncompliance of secretary regarding
timeframes.--
``(I) Judicial review.--The failure
of the Secretary to comply with any
requirement of subparagraph (A) or (B)
shall constitute final agency action
for purposes of judicial review. If the
court conducting the review determines
that the Secretary has failed to comply
with the requirement, the court shall
order the Secretary to comply within a
period determined to be appropriate by
the court.
``(II) Status of state
requirement.--With respect to a State
that submits to the Secretary a
petition in accordance with paragraph
(2), if the Secretary fails to take
final agency action on the petition
within the period that applies under
subparagraph (B), the notification or
food safety requirement involved
remains in effect in accordance with
clause (i).
``(c) Exemptions and National Standards.--
``(1) Exemptions.--Any State may petition the Secretary to
provide by regulation an exemption from section 403A(a)(6) or
subsection (a), for a requirement of the State or a political
subdivision of the State. The Secretary may provide such an
exemption, under such conditions as the Secretary may impose,
for such a requirement that--
``(A) protects an important public interest that
would otherwise be unprotected, in the absence of the
exemption;
``(B) would not cause any food to be in violation
of any applicable requirement or prohibition under
Federal law; and
``(C) would not unduly burden interstate commerce,
balancing the importance of the public interest of the
State or political subdivision against the impact on
interstate commerce.
``(2) National standards.--Any State may petition the
Secretary to establish by regulation a national standard
respecting any requirement under this Act or the Fair Packaging
and Labeling Act (15 U.S.C. 1451 et seq.) relating to the
regulation of a food.
``(3) Action on petitions.--
``(A) Publication.--Not later than 30 days after
receipt of any petition under paragraph (1) or (2), the
Secretary shall publish such petition in the Federal
Register for public comment during a period specified
by the Secretary.
``(B) Time periods for action.--Not later than 60
days after the end of the period for public comment,
the Secretary shall take final agency action on the
petition or shall inform the petitioner, in writing,
the reasons that taking the final agency action is not
possible, the date by which the final agency action
will be taken, and the final agency action that will be
taken or is likely to be taken. In every case, the
Secretary shall take final agency action on the
petition not later than 120 days after the end of the
period for public comment.
``(4) Judicial review.--The failure of the Secretary to
comply with any requirement of this subsection shall constitute
final agency action for purposes of judicial review. If the
court conducting the review determines that the Secretary has
failed to comply with the requirement, the court shall order
the Secretary to comply within a period determined to be
appropriate by the court.
``(d) Imminent Hazard Authority.--
``(1) In general.--A State may establish a requirement that
would otherwise violate section 403A(a)(6) or subsection (a),
if--
``(A) the requirement is needed to address an
imminent hazard to health that is likely to result in
serious adverse health consequences or death;
``(B) the State has notified the Secretary about
the matter involved and the Secretary has not initiated
enforcement action with respect to the matter;
``(C) a petition is submitted by the State under
subsection (c) for an exemption or national standard
relating to the requirement not later than 30 days
after the date that the State establishes the
requirement under this subsection; and
``(D) the State institutes enforcement action with
respect to the matter in compliance with State law
within 30 days after the date that the State
establishes the requirement under this subsection.
``(2) Action on petition.--
``(A) In general.--The Secretary shall take final
agency action on any petition submitted under paragraph
(1)(C) not later than 7 days after the petition is
received, and the provisions of subsection (c) shall
not apply to the petition.
``(B) Judicial review.--The failure of the
Secretary to comply with the requirement described in
subparagraph (A) shall constitute final agency action
for purposes of judicial review. If the court
conducting the review determines that the Secretary has
failed to comply with the requirement, the court shall
order the Secretary to comply within a period
determined to be appropriate by the court.
``(3) Duration.--If a State establishes a requirement in
accordance with paragraph (1), the requirement may remain in
effect until the Secretary takes final agency action on a
petition submitted under paragraph (1)(C).
``(e) No Effect on Product Liability Law.--Nothing in this section
shall be construed to modify or otherwise affect the product liability
law of any State.
``(f) No Effect on Identical Law.--Nothing in this section relating
to a food shall be construed to prevent a State or political
subdivision of a State from establishing, enforcing, or continuing in
effect a requirement that is identical to a requirement of this Act,
whether or not the Secretary has promulgated a regulation or issued a
policy statement relating to the requirement.
``(g) No Effect on Certain State Law.--Nothing in this section or
section 403A relating to a food shall be construed to prevent a State
or political subdivision of a State from establishing, enforcing, or
continuing in effect a requirement relating to--
``(1) freshness dating, open date labeling, grade labeling,
a State inspection stamp, religious dietary labeling, organic
or natural designation, returnable bottle labeling, unit
pricing, or a statement of geographic origin; or
``(2) a consumer advisory relating to food sanitation that
is imposed on a food establishment, or that is recommended by
the Secretary, under part 3-6 of the Food Code issued by the
Food and Drug Administration and referred to in the notice
published at 64 Fed. Reg. 8576 (1999) (or any corresponding
similar provision of such a Code).
``(h) Definitions.--In section 403A and this section:
``(1) The term `requirement', used with respect to a
Federal action or prohibition, means a mandatory action or
prohibition established under this Act or the Fair Packaging
and Labeling Act (15 U.S.C. 1451 et seq.), as appropriate, or
by a regulation issued under or by a court order relating to,
this Act or the Fair Packaging and Labeling Act, as
appropriate.
``(2) The term `petition' means a petition submitted in
accordance with the provisions of section 10.30 of title 21,
Code of Federal Regulations, containing all data and
information relied upon by the petitioner to support an
exemption or a national standard.''.
(c) Conforming Amendment.--Section 403A(b) of such Act (21 U.S.C.
343-1(b)) is amended by adding after and below paragraph (3) the
following:
``The requirements of paragraphs (3) and (4) of section 403B(c) shall
apply to any such petition, in the same manner and to the same extent
as the requirements apply to a petition described in section
403B(c).''. | National Uniformity for Food Act of 2004 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to prohibit any State or political subdivision from establishing or continuing in effect for any food in interstate commerce: (1) any requirement that is not identical to specified FDCA provisions (that would result in materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or (2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FDCA provisions. Allows current State notification or food safety requirements to continue for 180 days, during which such State may petition for an exemption or a new national standard.
Allows a State to petition for an exemption or to establish a national standard regarding any requirement under FDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary of Health and Human Service to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any Federal law; and (3) would not unduly burden interstate commerce.
Allows a State to establish a requirement that would otherwise violate FDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. Declares that this Act does not preempt State and local laws relating to freshness dating, open date labeling, grade labeling, a State inspection stamp, religious dietary labeling, organic or natural designation, returnable bottle labeling, unit pricing, a statement of geographic origin, or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to provide for uniform food safety warning notification requirements, and for other purposes."} | 3,194 | 398 | 0.583527 | 1.853452 | 0.694471 | 3.806358 | 8.523121 | 0.916185 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiple Peril Insurance Act of
2007''.
SEC. 2. FLOOD AND WINDSTORM MULTIPERIL COVERAGE.
Section 1304 of the National Flood Insurance Act of 1968 (42 U.S.C.
4011) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Multiperil Coverage for Damage From Flood or Windstorm.--
``(1) In general.--The national flood insurance program
established pursuant to subsection (a) shall enable the
purchase of optional insurance against loss resulting from
physical damage to or loss of real property or personal
property related thereto located in the United States arising
from any flood or windstorm, subject to the limitations in this
subsection and section 1306(b).
``(2) Community participation requirement.--Multiperil
coverage pursuant to this subsection may not be provided in any
area (or subdivision thereof) unless an appropriate public body
shall have adopted adequate land use and control measures (with
effective enforcement provisions) which the Director finds are
consistent with the comprehensive criteria for land management
and use relating to windstorms establish pursuant to section
1361(d)(2).
``(3) Prohibition against duplicative coverage.--Multiperil
coverage pursuant to this subsection may not be provided with
respect to any structure (or the personal property related
thereto) for any period during which such structure is covered,
at any time, by flood insurance coverage made available under
this title.
``(4) Nature of coverage.--Multiperil coverage pursuant to
this subsection shall--
``(A) cover losses only from physical damage
resulting from flooding or windstorm; and
``(B) provide for approval and payment of claims
under such coverage upon proof that such loss must have
resulted from either windstorm or flooding, but shall
not require for approval and payment of a claim that
the specific cause of the loss, whether windstorm or
flooding, be distinguished or identified.
``(5) Actuarial rates.--Multiperil coverage pursuant to
this subsection shall be made available for purchase for a
property only at chargeable risk premium rates that, based on
consideration of the risks involved and accepted actuarial
principles, and including operating costs and allowance and
administrative expenses, are required in order to make such
coverage available on an actuarial basis for the type and class
of properties covered.
``(6) Terms of coverage.--The Director shall, after
consultation with persons and entities referred to in section
1306(a), provide by regulation for the general terms and
conditions of insurability which shall be applicable to
properties eligible for multiperil coverage under this
subsection, subject to the provisions of this subsection,
including--
``(A) the types, classes, and locations of any such
properties which shall be eligible for such coverage,
which shall include residential and nonresidential
properties;
``(B) subject to paragraph (7), the nature and
limits of loss or damage in any areas (or subdivisions
thereof) which may be covered by such coverage;
``(C) the classification, limitation, and rejection
of any risks which may be advisable;
``(D) appropriate minimum premiums;
``(E) appropriate loss deductibles; and
``(F) any other terms and conditions relating to
insurance coverage or exclusion that may be necessary
to carry out this subsection.
``(7) Limitations on amount of coverage.--The regulations
issued pursuant to paragraph (6) shall provide that the
aggregate liability under multiperil coverage made available
under this subsection shall not exceed the lesser of the
replacement cost for covered losses or the following amounts,
as applicable:
``(A) Residential structures.--In the case of
residential properties--
``(i) for any single-family dwelling,
$500,000; and
``(ii) for any structure containing more
than one dwelling unit, $500,000 for each
separate dwelling unit in the structure; and
``(iii) $150,000 per dwelling unit for--
``(I) any contents related to such
unit; and
``(II) any necessary increases in
living expenses incurred by the insured
when losses from flooding or windstorm
make the residence unfit to live in.
``(B) Nonresidential properties.--In the case of
nonresidential properties (including church
properties)--
``(i) $1,000,000 for any single structure;
and
``(ii) $750,000 for--
``(I) any contents related to such
structure;
``(II) in the case of any
nonresidential property that is a
business property, any losses resulting
from any partial or total interruption
of the insured's business caused by
damage to, or loss of, such property
from flooding or windstorm, except that
for purposes of such coverage, losses
shall be determined based on the
profits the covered business would have
earned, based on previous financial
records, had the flood or windstorm not
occurred.''.
SEC. 3. PROHIBITION AGAINST DUPLICATIVE COVERAGE.
The National Flood Insurance Act of 1968 is amended by inserting
after section 1313 (42 U.S.C. 4020) the following new section;
``prohibition against duplicative coverage
``Sec. 1314. Flood insurance under this title may not be provided
with respect to any structure (or the personal property related
thereto) for any period during which such structure is covered, at any
time, by multiperil insurance coverage made available pursuant to
section 1304(c).''.
SEC. 4. COMPLIANCE WITH STATE AND LOCAL LAW.
Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C.
4023) is amended--
(1) by inserting ``(a) Flood Protection Measures.--''
before ``No new''; and
(2) by adding at the end the following new subsection:
``(b) Windstorm Protection Measures.--No new multiperil coverage
shall be provided under section 1304(c) for any property that the
Director finds has been declared by a duly constituted State or local
zoning authority, or other authorized public body to be in violation of
State or local laws, regulations, or ordinances, which are intended to
reduce damage caused by windstorms.''.
SEC. 5. CRITERIA FOR LAND MANAGEMENT AND USE.
Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C.
4102) is amended by adding at the end the following new subsection:
``(d) Windstorms.--
``(1) Studies and investigations.--The Director shall carry
out studies and investigations under this section to determine
appropriate measures in windstorm-prone areas as to land
management and use, windstorm zoning, and windstorm damage
prevention, and may enter into contracts, agreements, and other
appropriate arrangements to carry out such activities. Such
studies and investigations shall include laws, regulations, and
ordinance relating to the orderly development and use of areas
subject to damage from windstorm risks, and zoning building
codes, building permits, and subdivision and other building
restrictions for such areas.
``(2) Criteria.--On the basis of the studies and
investigations pursuant to paragraph (1) and such other
information as may be appropriate, the Direct shall establish
comprehensive criteria designed to encourage, where necessary,
the adoption of adequate State and local measures which, to the
maximum extent feasible, will assist in reducing damage caused
by windstorms.
``(3) Coordination with state and local governments.--The
Director shall work closely with and provide any necessary
technical assistance to State, interstate, and local
governmental agencies, to encourage the application of criteria
established under paragraph (2) and the adoption and
enforcement of measures referred to in such paragraph .''.
SEC. 6. DEFINITIONS.
Section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C.
4121) is amended--
(1) in paragraph (14), by striking ``and'' at the end;
(2) in paragraph (15) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(16) the term `windstorm' means any hurricane, tornado,
cyclone, typhoon, or other wind event.''. | Multiple Peril Insurance Act of 2007 - Amends the National Flood Insurance Act of 1968 to require the national flood insurance program to enable the purchase of optional insurance against loss resulting from physical damage to or loss of real or related personal property located in the United States arising from any flood or windstorm (any hurricane, tornado, cyclone, typhoon, or other wind event).
Restricts multiperil coverage to areas (or their subdivisions) where an appropriate public body has adopted adequate land use and control measures, including effective enforcement provisions, which the Administrator of the Federal Emergency Management Agency (FEMA) finds are consistent with certain statutory criteria for land management and use relating to windstorms.
Prohibits provision of multiperil coverage to any structure (or related personal property ) covered, at any time, by flood insurance under the Act.
Prescribes the nature and terms of coverage, and actuarial rates.
Prohibits new multiperil coverage for property declared by a duly constituted governmental authority to be in violation of state or local laws, regulations, or ordinances intended to reduce windstorm damage. | {"src": "billsum_train", "title": "To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes."} | 1,841 | 245 | 0.670608 | 1.86621 | 0.852359 | 3.921569 | 8.397059 | 0.931373 |
SECTION 1. FOREIGN LANGUAGE ASSISTANCE.
Part B of title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 3001 et seq.) is amended to read as follows:
``SEC. 2101. SHORT TITLE.
``This part may be cited as the `Foreign Language Assistance Act of
1993'.
``SEC. 2102. FINDINGS.
``The Congress finds that--
``(1) foreign language proficiency is key to our Nation's
international economic competitiveness, security interests and
diplomatic effectiveness;
``(2) the United States lags behind other developed
countries in the opportunities the United States offers
elementary and secondary school students to study and become
proficient in foreign languages;
``(3) more teachers must be trained for foreign language
instruction in our Nation's elementary and secondary schools,
and those teachers must have expanded opportunities for
continued improvement of their skills;
``(4) students with proficiency in languages other than
English should be viewed as valuable second language resources
for other students; and
``(5) a strong Federal commitment to the purpose of this
part is necessary.
``SEC. 2103. PURPOSE.
``It is the purpose of this part to improve the quantity and
quality of foreign language instruction offered in our Nation's
elementary and secondary schools.
``SEC. 2104. PROGRAM AUTHORIZED.
``(a) Authority.--
``(1) Grants from the secretary.--In any fiscal year in
which the appropriations for this part equal or exceed
$50,000,000, the Secretary is authorized, in accordance with
the provisions of this part, to award grants to States from
allocations under section 2105 to pay the Federal share of the
costs of the activities described in section 2107.
``(2) State grant program.--In any fiscal year in which the
appropriations for this part do not equal or exceed
$50,000,000, the Secretary is authorized to make grants, in
accordance with the provisions of this part, to State
educational agencies, local educational agencies, consortia of
local educational agencies, or consortia of local educational
agencies and institutions of higher education, to pay the
Federal share of the cost of activities described in section
2107.
``(b) Supplement Not Supplant.--Funds provided under this part
shall be used to supplement and not supplant non-Federal funds made
available for the activities described in section 2107.
``(c) Duration.--Grants or contracts awarded under this part shall
be awarded for a period of not longer than 5 years.
``SEC. 2105. ALLOCATION OF FUNDS.
``(a) Allocation.--From the amount appropriated under section 2113
for any fiscal year, the Secretary shall reserve--
``(1) not more than \1/2\ of 1 percent for allocation among
Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, and the Republic of Palau (until such time as the
Compact of Free Association is ratified) according to their
respective needs for assistance under this part;
``(2) not more than \1/2\ of 1 percent for programs for
Native American students served by schools funded by the
Secretary of the Interior if such programs are consistent with
the purpose of this part;
``(3) 10 percent for national programs described in section
2108(a);
``(4) 5 percent for evaluation and research described in
section 2108(b); and
``(5) in the case of a fiscal year in which appropriations
for this part equal or exceed $50,000,000, 10 percent for bonus
grants described in section 2108(c).
``(b) Formula.--In any fiscal year in which the appropriations for
this part equal or exceed $50,000,000, the remainder of the amount so
appropriated (after meeting the requirements of subsection (a)) shall
be allocated among the States as follows:
``(1) \1/2\ of such remainder shall be allocated among the
States by allocating to each State an amount which bears the
same ratio to \1/2\ of such remainder as the number of children
aged 5 to 17, inclusive, in the State bears to the number of
such children in all States; and
``(2) \1/2\ of such remainder shall be allocated among the
States according to each State's share of allocations under
chapter 1 of title I for the preceding fiscal year,
except that no State shall receive less than \1/4\ of 1 percent of such
remainder.
``(c) Special Rule.--The provisions of Public Law 95-134 shall not
apply to assistance provided pursuant to paragraph (1) of subsection
(a).
``SEC. 2106. IN-STATE APPORTIONMENT.
``(a) Funding Above $50,000,000.--In any fiscal year in which
appropriations for this part equal or exceed $50,000,000, each State
receiving a grant under this part shall distribute not less than 95
percent of such grant funds so that--
``(1) 50 percent of such funds are distributed to local
educational agencies within the State for instructional
programs described in paragraph (1) of section 2107; and
``(2) 50 percent of such funds are distributed to local
educational agencies within the State for teacher development
and recruitment activities described in paragraph (2) of
section 2107.
``(b) Funding Below $50,000,000.--In any fiscal year in which
appropriations for this part do not equal or exceed $50,000,000, the
Secretary shall award grants to State educational agencies, local
educational agencies, consortia of local educational agencies, or
consortia of local educational agencies and institutions of higher
education, so that--
``(1) 50 percent of the funds all such entities in a State
receive shall be used for instructional programs described in
paragraph (1) of section 2107; and
``(2) 50 percent of the funds all such entities in a State
receive shall be used for teacher development and recruitment
activities described in paragraph (2) of section 2107.
``SEC. 2107. AUTHORIZED ACTIVITIES.
``A State, State educational agency, local educational agency,
consortium of local educational agencies, or consortium of a local
educational agency and an institution of higher education may use
payments received under this part for the following activities:
``(1) Instructional programs.--Activities which establish,
improve or expand elementary or secondary school foreign
language programs, including--
``(A) elementary school immersion programs with
articulation at the secondary school level;
``(B) content-based foreign language instruction;
and
``(C) intensive summer foreign language programs
for students.
``(2) Teacher development and recruitment.--Activities
which--
``(A) expand or improve preservice training,
inservice training and retraining of teachers of
foreign languages, which training or retraining shall
emphasize--
``(i) intensive summer foreign language
programs for teachers; and
``(ii) teacher training programs for
elementary school teachers;
``(B) recruit qualified individuals with a
demonstrated proficiency in a foreign language to teach
foreign languages in elementary and secondary schools,
which individuals may include--
``(i) a retired or returning Federal
Government employee who served abroad or a
Federal Government employee whose position
required proficiency in one or more foreign
languages;
``(ii) a retired or returning Peace Corps
volunteer;
``(iii) a retired or returning business
person or professional who served abroad or
whose position required proficiency in one or
more foreign languages;
``(iv) a foreign-born national with the
equivalent of a bachelor's degree from a
domestic or overseas institution of higher
education;
``(v) an individual with a bachelor's
degree whose major or minor was in a foreign
language or international studies; and
``(vi) a graduate of a fellowship or
scholarship program assisted under the David L.
Boren National Security Education Act of 1991
(20 U.S.C. 1901 et seq.);
``(C) develop programs of alternative teacher
preparation and alternative certification to qualify
such individuals to teach foreign languages in
elementary and secondary schools; and
``(D) establish programs for individual foreign
language teachers within a local educational agency in
order to improve such teachers' teaching ability or the
instructional materials used in such teachers'
classrooms.
``SEC. 2108. FEDERAL ACTIVITIES.
``(a) National Programs.--From amounts reserved pursuant to section
2105(a)(3) in each fiscal year, the Secretary is authorized to make
grants to State educational agencies, local educational agencies or
consortia of local educational agencies to pay the Federal share of the
cost of model demonstration programs that represent a variety of
alternative and innovative approaches to foreign language instruction
for elementary or secondary school students, including--
``(1) two-way language programs; and
``(2) programs that integrate educational technology into
curricula.
``(b) Evaluation and Research.--From amounts reserved pursuant to
section 2105(a)(4) in each fiscal year, the Secretary--
``(1) shall evaluate programs assisted under this part; and
``(2) through the Office of Educational Research and
Improvement, shall award grants or enter into contracts for
research, regarding--
``(A) effective methods of foreign language
learning and teaching;
``(B) assessments of elementary school foreign
language programs and student skills; and
``(C) the efficacy of secondary school foreign
language programs.
``(c) Bonus Grants.--
``(1) In general.--From amounts reserved pursuant to
section 2105(a)(5) in any fiscal year, the Secretary is
authorized to award bonus grants to States which--
``(A) require at least 3 years of foreign language
study for all students graduating from secondary school
in the State;
``(B) require at least 2 years of foreign language
study prior to entrance into grade 9 in the State;
``(C) have at least 40 percent of the elementary
school students in the State enrolled in foreign
language instruction programs; or
``(D) have at least 70 percent of the secondary
school students in the State enrolled in foreign
language instruction programs.
``(2) Amount.--Each State eligible to receive a grant under
paragraph (1) in a fiscal year shall receive a grant in such
fiscal year in an amount determined as follows:
``(A) 50 percent of such amount shall be determined
on the basis of the number of children aged 5 to 17,
inclusive, in such State compared to the number of such
children in all such States.
``(B) 50 percent of such amount shall be determined
on the basis of such State's share of allocations under
chapter 1 of title I compared to all such States' share
of such allocations.
``SEC. 2109. APPLICATIONS.
``Each State, State educational agency, local educational agency,
consortium of local educational agencies, or consortium of a local
educational agency and an institution of higher education, desiring
assistance under this part shall submit an application to the Secretary
at such time, in such form, and containing or accompanied by such
information and assurances as the Secretary may reasonably require.
``SEC. 2110. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE; WAIVER.
``(a) Payments.--The Secretary shall pay to each eligible entity
having an application approved under section 2109 the Federal share of
the cost of the activities described in the application.
``(b) Federal Share.--
``(1) In general.--The Federal share--
``(A) for the first year for which an eligible
entity receives assistance under this part shall be not
more than 90 percent;
``(B) for the second such year shall be not more
than 80 percent;
``(C) for the third such year shall be not more
than 60 percent; and
``(D) for the fourth and any subsequent year shall
be not more than 40 percent.
``(c) Non-Federal Share.--The non-Federal share of payments under
this part may be in cash or in kind, fairly evaluated, including
equipment or services.
``(d) Waiver.--The Secretary may waive, in whole or in part, the
requirement to provide the non-Federal share of payments for any State,
State educational agency, local educational agency, consortium of local
educational agencies, or consortium of a local educational agency and
an institution of higher education, which the Secretary determines does
not have adequate resources to pay the non-Federal share of the program
or activity.
``SEC. 2111. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE
SCHOOLS.
``(a) Participation of Private School Students.--To the extent
consistent with the number of children in the State or in the school
district of each local educational agency receiving assistance under
this part who are enrolled in private nonprofit elementary and
secondary schools, such State or agency shall, after consultation with
appropriate private school representatives, make provision for
including services and arrangements for the benefit of such children as
will assure the equitable participation of such children in the
purposes and benefits of this part.
``(b) Participation of Private School Teachers.--To the extent
consistent with the number of children in the State or in the school
district of a local educational agency receiving assistance under this
part who are enrolled in private nonprofit elementary and secondary
schools, such State or agency shall, after consultation with
appropriate private school representatives, make provision, for the
benefit of such teachers in such schools, for such training and
retraining as will assure equitable participation of such teachers in
the purposes and benefits of this part.
``(c) Waiver.--If by reason of any provision of law a State or
local educational agency is prohibited from providing for the
participation of children or teachers from private nonprofit schools as
required by subsections (a) and (b), or if the Secretary determines
that a State or local educational agency has substantially failed or is
unwilling to provide for such participation on an equitable basis, the
Secretary shall waive such requirements and shall arrange for the
provision of services to such children or teachers, subject to the
requirements of this section. Such waivers shall be subject to
consultation, withholding, notice, and judicial review requirements in
accordance with section 1017 of this Act.
``SEC. 2112. DEFINITIONS.
``For the purpose of this part--
``(1) the term `articulation' means the continuity of
expectations and instruction from year to year and level to
level within foreign language study;
``(2) the term `content-based foreign language instruction'
means instruction in which portions of subject content from the
regular school curriculum are taught or reinforced through the
medium of a foreign language;
``(3) the term `foreign language instruction' means
instruction in any foreign language, with emphasis on languages
not frequently taught in elementary and secondary schools;
``(4) the term `immersion' means an approach to foreign
language instruction in which students spend one-half or more
of their school day receiving instruction in the regular school
curriculum through the medium of a foreign language;
``(5) the term `intensive summer foreign language program'
means a program in which participants are immersed in the
foreign language for the duration of the activity;
``(6) the term `State' means each of the 50 States, the
District of Columbia and the Commonwealth of Puerto Rico; and
``(7) the term `two-way language program' means a foreign
language program in which native speakers of English are
brought together with approximately equal numbers of speakers
of another language and in which content instruction, reading
and language arts are taught in both English and the non-
English language, with the goal of producing students who have
high levels of proficiency in English and the non-English
language, appreciation for other cultures, and academic
achievement at grade level expectation or above.
``SEC. 2113. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $75,000,000 for fiscal
year 1994, and such sums as may be necessary for each of the 4
succeeding years, to carry out this part.''.
S 1525 IS----2 | Foreign Language Assistance Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish a foreign language assistance program.
Authorizes the Secretary of Education to make grants: (1) as allocations to States in any fiscal year in which appropriations equal or exceed a specified amount; or (2) when appropriations are below such amount, to State educational agencies, local educational agencies (LEAs), consortia of LEAs, or consortia of LEAs and institutions of higher education. Requires that half of such funds be used for foreign language instructional programs at elementary and secondary schools and half for foreign language teacher development and recruitment.
Authorizes as Federal activities: (1) grants for model demonstration programs of foreign language instruction for elementary or secondary school students; (2) evaluation and research; and (3) bonus grants to States for having specified levels of foreign language requirements or enrollments.
Provides for Federal share and for participation of children and teachers from private schools.
Authorizes appropriations. | {"src": "billsum_train", "title": "Foreign Language Assistance Act of 1993"} | 3,491 | 212 | 0.606441 | 1.694293 | 0.896713 | 2.886598 | 17.453608 | 0.917526 |
SECTION 1. CLEAN-FUEL VEHICLES USED BY ENTERPRISE ZONE BUSINESSES.
(a) In General.--Part III of subchapter U of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional incentives for
empowerment zones) is amended by redesignating subpart C as subpart D,
by redesignating sections 1397B and 1397C as sections 1397C and 1397D,
respectively, and by inserting after subpart B the following new
subpart:
``Subpart C--Incentives For Clean-Fuel Vehicles
``Sec. 1397B. Incentives for clean-fuel
vehicles.
``SEC. 1397B. INCENTIVES FOR CLEAN-FUEL VEHICLES.
``(a) Empowerment Zone Clean Fuels Credit.--For purposes of section
38, the amount of the empowerment zone clean fuels credit determined
under this section for the taxable year is the sum of--
``(1) the empowerment zone clean-fuel property credit, plus
``(2) the empowerment zone clean-burning fuel use credit.
``(b) Empowerment Zone Clean-Fuel Property Credit.--
``(1) In general.--The empowerment zone clean-fuel property
credit is the cost of--
``(A) qualified clean-fuel vehicle property, and
``(B) qualified clean-fuel vehicle refueling
property,
paid or incurred for the taxable year by an eligible enterprise
zone business.
``(2) Limitations.--
``(A) Qualified clean-fuel vehicle property.--The
cost which may be taken into account under paragraph
(1)(A) with respect to any motor vehicle shall not
exceed--
``(i) $2,000 in the case of a motor vehicle
not described in clause (ii) or (iii),
``(ii) $5,000 in the case of any truck or
van with a gross vehicle weight rating greater
than 10,000 pounds but not greater than 26,000
pounds, or
``(iii) $50,000 in the case of--
``(I) a truck or van with a gross
vehicle weight rating greater than
26,000 pounds, or
``(II) any bus which has a seating
capacity of at least 20 adults (not
including the driver).
``(B) Qualified clean-fuel vehicle refueling
property.--
``(i) In general.--The aggregate cost which
may be taken into account under paragraph
(1)(B) with respect to qualified clean-fuel
vehicle refueling property placed in service
during the taxable year at a location shall not
exceed the lesser of--
``(I) $100,000, or
``(II) the cost of such property
reduced by the amount described in
clause (ii).
``(ii) Reduction for amounts previously
taken into account.--For purposes of clause
(i)(II), the amount described in this clause is
the amount determined by adding--
``(I) the aggregate amount taken
into account under paragraph (1)(B) for
all preceding taxable years, plus
``(II) the aggregate amount taken
into account under section
179A(a)(1)(B) by the taxpayer (or any
related person or predecessor) with
respect to property placed in service
at such location for all preceding
taxable years.
``(iii) Special rules.--For purposes of
this subparagraph, the provisions of
subparagraphs (B) and (C) of section 179A(b)(2)
shall apply.
``(c) Empowerment Zone Clean-Burning Fuel Use Credit.--The
empowerment zone clean-burning fuel use credit is the amount equal to
50 cents for each gasoline gallon equivalent of clean-burning fuel used
by an eligible enterprise zone business during the taxable year to
propel qualified clean-fuel vehicle property.
``(d) Definitions.--For purposes of this section--
``(1) Eligible enterprise zone business.--The term
`eligible enterprise zone business' means--
``(A) an enterprise zone business (as defined
section 1397C) located within an empowerment zone that
is within a nonattainment area (within the meaning of
section 171 of the Clean Air Act), and
``(B) a trade or business located outside of an
empowerment zone, but only with respect to qualified
clean-fuel vehicle property used substantially within
an empowerment zone that is within a nonattainment area
(within the meaning of section 171 of the Clean Air
Act).
``(2) Clean-burning fuel.--The term `clean-burning fuel'
has the meaning given to such term by section 179A, except that
such term includes compressed natural gas.
``(3) Qualified clean-fuel vehicle property.--The term
`qualified clean-fuel vehicle property' has the meaning given
to such term by section 179A(c) without regard to paragraph (3)
thereof, except that such term does not include any motor
vehicle that is propelled by a fuel that is not a clean-burning
fuel.
``(4) Qualified clean-fuel vehicle refueling property.--The
term `qualified clean-fuel vehicle refueling property' has the
meaning given to such term by section 179A(d).
``(5) Gasoline gallon equivalent.--The term `gasoline
gallon equivalent' means, with respect to any clean burning
fuel, the amount (determined by the Secretary) of such fuel
having a Btu content of 114,000.
``(e) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or credit is
allowed under any other provision of this chapter.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (11), by striking the period at the end of paragraph (12) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
``(13) the empowerment zone clean fuels credit determined
under section 1397B.''.
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end thereof the following new subsection:
``(d) Empowerment Zone Clean Fuels Expenses.--No deduction shall be
allowed for that portion of expenses for clean-burning fuel otherwise
allowable as a deduction for the taxable year which is equal to the
amount of the credit determined for such taxable year under section
1397B.''.
(d) 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 (3) as paragraph (4) and by inserting
after paragraph (2) the following new paragraph:
``(3) Special rules for empowerment zone clean fuels
credit.--
``(A) In general.--In the case of the empowerment
zone clean fuels 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) subparagraph (A) 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
empowerment zone clean fuels credit).
``(B) Empowerment zone clean fuels credit.--For
purposes of this subsection, the term `empowerment zone
clean fuels credit' means the credit allowable under
subsection (a) by reason of section 1397B.''.
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ``or the
empowerment zone clean fuels credit'' after ``employment
credit''.
(e) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end thereof the following new
paragraph:
``(9) No carryback of empowerment zone clean fuels credit
before effective date.--No portion of the unused business
credit for any taxable year which is attributable to the credit
determined under section 1397B may be carried back to any
taxable year ending before the date of the enactment of section
1397B.''.
(f) Deduction for Certain Unused Business Credits.--Subsection (c)
of section 196 of such Code is amended by striking ``and'' at the end
of paragraph (6), by striking the period at the end of paragraph (7)
and inserting ``, and'', and by adding after paragraph (7) the
following new paragraph:
``(8) the empowerment zone clean fuels credit determined
under section 1397B.''.
(g) Conforming Amendments.--
(1) Paragraph (3) of section 1394(b) of such Code is
amended by striking ``section 1397B'' each place it appears and
inserting ``1397C''.
(2) Paragraph (3) of section 1394(f) of such Code is
amended by striking ``sections 1397B and 1397C'' and inserting
``sections 1397C and 1397D''.
(3) Subsection (e) of section 1400 of such Code is amended
by striking ``section 1397B'' and inserting ``section 1397C''.
(4) Subsection (c) of section 1400B of such Code is amended
by striking ``section 1397B'' both places it appears and
inserting ``section 1397C''.
(h) Clerical Amendments.--
(1) The table of subparts for part III of subchapter U of
chapter 1 of such Code is amended by striking the last item and
inserting the following:
``Subpart C. Incentives for clean-fuel
vehicles.
``Subpart D. General provisions.''.
(2) The table of sections for subpart D, as amended by
paragraph (1) of this subsection, is amended to read as
follows:
``Sec. 1397C. Enterprise zone business
defined.
``Sec. 1397D. Qualified zone property
defined.''.
(i) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after December 31, 1997. | Amends the Internal Revenue Code to establish, for the use of clean-fuel vehicles by enterprise zone businesses, an empowerment zone clean fuels credit equal to the sum of the: (1) empowerment zone clean-fuel property credit; and (2) empowerment zone clean-burning fuel use credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide additional incentives for the use of clean-fuel vehicles by enterprise zone businesses within empowerment zones."} | 2,350 | 59 | 0.620873 | 1.437869 | 0.940955 | 3.847458 | 35 | 0.932203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Social Security Numbers and
Benefits for Illegal Aliens Act of 2014''.
SEC. 2. PROHIBITION ON ASSIGNMENT OF SOCIAL SECURITY ACCOUNT NUMBERS TO
CERTAIN INDIVIDUALS SEEKING EMPLOYMENT IN THE UNITED
STATES.
Section 205(c)(2)(B) of the Social Security Act (42 U.S.C.
405(c)(2)(B)) is amended by adding at the end the following:
``(iv) Notwithstanding clause (i), the Commissioner of Social
Security may not assign a social security account number to any
individual who--
``(I) the Secretary of Homeland Security has determined has
been authorized to be employed in the United States in
accordance with the Department of Homeland Security memorandum
dated November 20, 2014 with the subject line `Exercising
Prosecutorial Discretion with Respect to Individuals Who Came
to the United States as Children and with Respect to Certain
Individuals Who Are the Parents of U.S. Citizens or Permanent
Residents'; and
``(II) would not be so authorized but for such Department
of Homeland Security memorandum.''.
SEC. 3. PROHIBITION ON PAYMENT OF TITLE II BENEFITS.
(a) Fully Insured and Currently Insured Individuals.--Section
214(c)(1) of the Social Security Act (42 U.S.C. 414(c)(1)) is amended
by striking ``subclause (I) or (III) of section 205(c)(2)(B)(i)'' and
inserting ``subclause (I) or (III) of clause (i) of section
205(c)(2)(B) and clause (iv) of such section''.
(b) Disability Benefits.--Section 223(a)(1)(C)(i) of the Social
Security Act (42 U.S.C. 423(a)(1)(C)(i)) is amended by striking
``subclause (I) or (III) of section 205(c)(2)(B)(i)'' and inserting
``subclause (I) or (III) of clause (i) of section 205(c)(2)(B) and
clause (iv) of such section''.
SEC. 4. DENIAL OF CREDIT TOWARD BENEFITS FOR EARNINGS FROM UNAUTHORIZED
WORK.
(a) In General.--Section 214 of the Social Security Act (42 U.S.C.
414) is amended by adding at the end the following:
``(d)(1) No quarters of coverage shall be credited for purposes of
this section or section 223(a)(1)(A) for any calendar year in the case
of any individual if--
``(A) on the last day of such year, such individual is not
a citizen or national of the United States, and
``(B) the Secretary of Homeland Security determines,
pursuant to paragraph (2), that such individual was not
authorized to be employed in the United States during any
portion of such calendar year.
``(2)(A) The Secretary of Homeland Security shall enter into an
agreement with the Commissioner to provide, in a form and manner
specified by the Commissioner, such information as the Commissioner
determines necessary to carry out the limitations on crediting quarters
of coverage for years under paragraph (1).
``(B) For the purpose of carrying out the Secretary's duties under
subparagraph (A), the Secretary of Homeland Security shall, in
consultation with the Commissioner, develop and maintain the following
information:
``(i) The name, social security account number, and date of
birth of each individual who is authorized by the Secretary of
Homeland Security or the Secretary of State to be employed in
the United States.
``(ii) The date on which each such authorization is
granted.
``(iii) The date on which each such authorization is
revoked or terminated.
``(iv) The date of naturalization for each individual who
becomes a naturalized citizen of the United States.
``(C) The information provided to the Commissioner under
subparagraph (A) relating to years in which an individual was not
authorized to be employed in the United States during any portion of a
year shall be the final determination of the Secretary of Homeland
Security after an opportunity for review or appeal under procedures
which shall be established by the Secretary of Homeland Security and
shall not be reviewable by the Commissioner.
``(3) Paragraph (1) shall not apply with respect to an individual
who was assigned a social security account number prior to the date of
the enactment of the No Social Security Numbers and Benefits for
Illegal Aliens Act of 2014.''.
(b) Disregard of Earnings for Years for Which No Quarter of
Coverage May Be Credited.--Section 215(e) of such Act (42 U.S.C.
415(e)) 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 ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of
an individual, there shall not be counted any annual wages or
self-employment income for any year for which no quarter of
coverage may be credited to such individual as a result of the
application of section 214(d)(1).''.
(c) Transmission of Information From Commissioner to Secretary.--
Section 205(c)(2) of such Act (42 U.S.C. 405(c)(2)) is amended by
adding at the end the following new subparagraph:
``(I) The Commissioner and the Secretary of Homeland Security shall
enter into an agreement to establish a system to transmit to the
Secretary of Homeland Security any social security account number
assigned to an individual after the date of the enactment of the No
Social Security Numbers and Benefits for Illegal Aliens Act of 2014,
and other identifying information relating to such individual, in any
case in which such individual is not a citizen or national of the
United States at the time of the assignment of such number to such
individual. The Secretary of Homeland Security shall incorporate such
number and other identifying information into all records of the
Department of Homeland Security maintained with respect to such
individual.''.
(d) Effective Dates.--
(1) Section 214(d)(1) of the Social Security Act (added by
subsection (a)) shall be effective with respect to quarters of
coverage credited for calendar years commencing after the date
on which the Secretary of Homeland Security and the
Commissioner certify, by publication in the Federal Register,
that the system for developing and maintaining information
pursuant to section 214(d)(2)(B) of the Social Security Act
(added by subsection (a)) is operational.
(2) The Commissioner of Social Security and the Secretary
of Homeland Security shall enter into the agreement described
in section 205(c)(2) of the Social Security Act (added by
subsection (c)) not later than 180 days after the date of the
enactment of this Act. | No Social Security Numbers and Benefits for Illegal Aliens Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prohibit the Commissioner of Social Security from assigning a Social Security account number to any individual who, according to the Secretary of Homeland Security (DHS), has been authorized to be employed in the United States in accordance with a certain DHS memorandum dated November 20, 2014, and who would not be so authorized but for that memorandum. Prohibits the payment of OASDI benefits to such individuals. Denies the crediting of quarters of coverage toward benefits for earnings from unauthorized work by an individual who is not a U.S. citizen or national and who was not authorized to be employed in the United States. Prohibits counting an individual's annual wages or self-employment income for any year for which no quarter of coverage may be credited. Directs the Commissioner and the Secretary to enter into an agreement to establish a system to transmit to the Secretary any Social Security account number assigned to an individual after the enactment of this Act, as well as other identifying information, in any case in which the individual is not a U.S. citizen or national at the time that number is assigned. | {"src": "billsum_train", "title": "No Social Security Numbers and Benefits for Illegal Aliens Act of 2014"} | 1,623 | 290 | 0.600542 | 1.725514 | 0.689832 | 4.506329 | 5.793249 | 0.919831 |
SECTION 1. TREATMENT OF BONDS ISSUED TO FINANCE RENEWABLE ENERGY
RESOURCE FACILITIES AND CONSERVATION AND EFFICIENCY
FACILITIES AND OTHER SPECIFIED GREENHOUSE GAS EMISSION
TECHNOLOGIES.
(a) In General.--Section 142(a) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of paragraph (14), by
striking the period at the end of paragraph (15) and inserting a comma,
and by inserting after paragraph (15) the following new paragraphs:
``(16) renewable energy resource facilities,
``(17) conservation and efficiency facilities and projects,
or
``(18) zero emission vehicles and related facilities or
projects.''.
(b) Renewable Energy Resource Facility.--Section 142 of such Code
is further amended by adding at the end the following new subsection:
``(n) Renewable Energy Resource Facilities.--For purposes of
subsection (a)(16)--
``(1) In general.--The term `renewable energy resource
facility' means--
``(A) any facility used to produce electric or
thermal energy (including a distributed generation
facility) from--
``(i) solar, wind, or geothermal energy,
``(ii) marine and hydrokinetic renewable
energy,
``(iii) incremental hydropower,
``(iv) biomass (as defined in section
203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b))), or
``(v) landfill gas, or
``(B) any facility or project used for the
manufacture of facilities referred to in subparagraph
(A).
``(2) Definitions.--For purposes of paragraph (1)--
``(A) Geothermal energy.--The term `geothermal
energy' means energy derived from a geothermal deposit
(within the meaning of section 613(e)(2)) or from
geothermal heat pumps.
``(B) Marine and hydrokinetic renewable energy.--
The term `marine and hydrokinetic renewable energy' has
the meaning given such term in section 45(c)(10).
``(C) Incremental hydropower.--The term
`incremental hydropower' means additional energy
generated as a result of efficiency improvements or
capacity additions to existing hydropower facilities
made on or after the date of enactment of this
subsection. The term `incremental hydropower' does not
include additional energy generated as a result of
operational changes not directly associated with
efficiency improvements or capacity additions.''.
(c) Conservation and Efficiency.--Section 142 of such Code is
amended by adding at the end the following new subsection:
``(o) Conservation and Efficiency Facilities and Projects.--For
purposes of subsection (a)(17), the term `conservation and efficiency
facility and project' means--
``(1) any facility used for the conservation or the
efficient use of energy, including energy efficient
retrofitting of existing buildings, or for the efficient
storage, transmission, or distribution of energy, including any
facility or project designed to implement smart grid
technologies (as described in title XIII of the Energy
Independence and Security Act of 2007, or individual components
of such technologies as listed in section 1301 of such Act),
``(2) any facility used for the conservation of or the
efficient use of water, including--
``(A) any facility or project designed to--
``(i) reduce the demand for water,
``(ii) improve efficiency in use and reduce
losses and waste of water, and
``(iii) improve land management practices
to conserve water, or
``(B) any individual component of a facility or
project referred to in subparagraph (A), or
``(3) any facility or project used for the manufacture of
facilities referred to in paragraphs (1) and (2).
For purposes of paragraph (2)(A), facilities and projects does not
include facilities or projects that store water.''.
(d) Zero Emission Vehicles and Related Facilities or Projects.--
Section 142 of such Code is amended by adding at the end the following
new subsection:
``(p) Zero Emission Vehicles and Related Facilities or Projects.--
``(1) Zero emission vehicles.--The term `zero emission
vehicles' means vehicles that have no tailpipe emissions,
evaporative emissions, or onboard emission-control systems that
can deteriorate over time.
``(2) Facilities related to zero emission vehicles.--A
facility or project is related to a zero emission vehicle if
the facility is any real or personal property to be used in the
design, technology transfer, manufacture, production, assembly,
distribution, or service of zero emission vehicles.''.
(e) Coordination With Section 45.--Paragraph (3) of section 45(b)
of such Code is amended by adding at the end the following new
sentence: ``Clause (ii) of subparagraph (A) shall not apply with
respect to (I) any qualified facility that is a renewable energy
resource facility described in section 142(a)(16), (II) any qualified
facility that is a conservation and efficiency facility described in
section 142(a)(17), or (III) any qualified facility that is a zero
emission vehicle and related facility or project described in section
142(a)(18).''.
(f) Coordination With Section 45K.--Subparagraph (A) of section
45K(b)(3) of such Code is amended by adding at the end the following
flush sentence: ``Clause (i)(II) shall not apply with respect to (aa)
any qualified facility that is a renewable energy resource facility
described in section 142(a)(16), (bb) any qualified facility that is a
conservation and efficiency facility described section 142(a)(17), or
(cc) any qualified facility that is a zero emission vehicle and related
facility or project described in section 142(a)(18).''.
(g) Coordination With Section 146(g)(3).--Section 146(g)(3) is
amended by striking ``or (15)'' and all that follows through the end of
the paragraph and inserting ``(15), (16), (17), or (18)''.
(h) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act. | Amends the Internal Revenue Code to allow a tax exemption of the interest on bonds issued to finance renewable energy resource facilities, conservation and efficiency facilities and projects, and zero emission vehicles and related facilities or projects. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the treatment of bonds issued to finance renewable energy resource facilities, conservation and efficiency facilities, and other specified greenhouse gas emission technologies."} | 1,466 | 44 | 0.535062 | 1.230833 | 0.709953 | 4.275 | 31.425 | 0.875 |
SECTION 1. INDEXATION OF DEFERRED ANNUITIES.
(a) Amendments to Subchapter III of Chapter 83.--Section 8338 of
title 5, United States Code, is amended--
(1) in subsection (d) by striking ``(d) An'' and inserting
``(d) Subject to subsection (e), an''; and
(2) by adding at the end the following:
``(e)(1) The average pay used in the computation of an annuity
authorized by this section shall be equal to the average pay described
in section 8331(4), increased by the percentage adjustments
(compounded) in rates of pay of the General Schedule taking effect
during the period--
``(A) beginning on the day after the date of the separation
on which title to annuity is based, and
``(B) ending on the day before the commencement date of
such annuity.
``(2) In the case of a former employee or Member who dies after
having separated from the service with title to an annuity authorized
by this section but before having established a valid claim for such
annuity, the average pay used in the computation of any survivor
annuity payable based on the service of such former employee or Member
shall be increased in the manner described in paragraph (1), except
that, in applying subparagraph (B) of paragraph (1) for purposes of
this paragraph, the commencement date of such survivor annuity shall be
used instead of the commencement date of the annuity referred to in
such subparagraph.
``(3) Average pay shall not be increased by reason of any
adjustment under this subsection to an amount which exceeds the rate of
basic pay that, as of the day before the commencement date of the
annuity or survivor annuity involved, is payable for the position that
was held by the employee or Member at the time of earning the highest
rate of pay taken into account in computing such employee's or Member's
average pay, as determined under regulations of the Office.''.
(b) Amendment to Chapter 84.--Section 8415 of title 5, United
States Code, is amended by adding at the end the following:
``(m)(1) The average pay used in the computation of a deferred
annuity under section 8413 shall be equal to the average pay described
in section 8401(3), increased by the percentage adjustments
(compounded) in rates of pay of the General Schedule taking effect
during the period--
``(A) beginning on the day after the date of the separation
on which title to annuity is based, and
``(B) ending on the day before the commencement date of
such annuity.
``(2) In the case of a former employee or Member who dies after
having separated from the service with title to a deferred annuity
referred to in paragraph (1) but before having established a valid
claim for such annuity, the average pay used in the computation of any
survivor annuity payable based on the service of such former employee
or Member shall be increased in the manner described in paragraph (1),
except that, in applying subparagraph (B) of paragraph (1) for purposes
of this paragraph, the commencement date of such survivor annuity shall
be used instead of the commencement date of the annuity referred to in
such subparagraph.
``(3) Average pay shall not be increased by reason of any
adjustment under this subsection to an amount which exceeds the rate of
basic pay that, as of the day before the commencement date of the
annuity or survivor annuity involved, is payable for the position that
was held by the employee or Member at the time of earning the highest
rate of pay taken into account in computing such employee's or Member's
average pay, as determined under regulations of the Office.''.
(c) Amendments Relating to Individuals Becoming Subject to FERS by
Election.--
(1) Computation of a deferred annuity.--Paragraph (6) of
section 302(a) of the Federal Employees' Retirement System Act
of 1986 (5 U.S.C. 8331 note) is amended by adding at the end
the following:
``(C) In determining average pay under this paragraph for
purposes of computing a deferred annuity under section 8413 of
such title--
``(i) the provisions of section 8338(e)(1) and (3)
of such title shall apply, to the extent that such
annuity is computed under paragraph (4); and
``(ii) the provisions of section 8415(m)(1) and (3)
of such title shall apply, to the extent that such
annuity is computed under paragraph (5).''.
(2) Computation of a survivor annuity.--Paragraph (9) of
such section 302(a) is amended by striking ``(9)'' and
inserting ``(9)(A)'', and by adding at the end the following:
``(B) In computing an annuity under paragraph (3) for
purposes of determining the amount of a survivor annuity under
subchapter IV of chapter 84 of title 5, United States Code, to
which the survivor is entitled based on the service of a former
employee or Member who dies in the circumstances described in
section 8415(m)(2) of such title--
``(i) paragraph (6)(C)(i) shall apply, to the
extent that such annuity is computed under paragraph
(4); and
``(ii) paragraph (6)(C)(ii) shall apply, to the
extent that such annuity is computed under paragraph
(5).''.
(d) Conforming Amendments.--(1) Section 8331(10) of title 5, United
States Code, is amended by inserting ``former employee or Member,''
before ``or annuitant''.
(2) Section 8341(h)(1) of title 5, United States Code, is amended
by striking ``or former Member who was separated from the service with
title to a deferred annuity under section 8338(b) of this title'' and
inserting ``or former employee or Member who died after having
separated from the service with title to a deferred annuity under
section 8338 but before having established a valid claim for
annuity,''.
(3) Clause (iii) of section 8341(h)(2)(B) of title 5, United States
Code, is amended by striking ``a Member'' and inserting ``an employee
or Member''.
SEC. 2. AMENDMENT TO PROVIDE THAT THE WIDOW OR WIDOWER OF A DEFERRED
ANNUITANT WHO DIES BEFORE ESTABLISHING A VALID CLAIM FOR
ANNUITY UNDER CSRS SHALL BE ELIGIBLE FOR A SURVIVOR
ANNUITY IN THE SAME WAY AS APPLIES CURRENTLY UNDER FERS.
Subsection (f) of section 8341 of title 5, United States Code, is
amended to read as follows:
``(f) If an employee or Member dies after having separated from the
service with title to a deferred annuity under section 8338 but before
having established a valid claim for annuity, and is survived by a
widow or widower to whom married on the date of separation, the widow
or widower--
``(1) is entitled to an annuity equal to 55 percent of the
deferred annuity of the employee or Member commencing on the
day after the employee or Member dies and terminating on the
last day of the month before the widow or widower dies or
remarries before age 55; or
``(2) may elect to receive the lump-sum credit instead of
annuity if the widow or widower is the individual who would be
entitled to the lump-sum credit and files application therefor
with the Office before the award of the annuity.
Notwithstanding the preceding sentence, an annuity payable under this
subsection to the widow or widower of a former employee or Member may
not exceed the difference between--
``(A) the annuity which would otherwise be payable to such
widow or widower under this subsection; and
``(B) the amount of the survivor annuity payable to any
former spouse of such former employee or Member under
subsection (h).''.
SEC. 3. EFFECTIVE DATES.
(a) Amendments Made by Section 1.--
(1) In general.--The amendments made by section 1 shall
apply to any annuity or survivor annuity commencing before, on,
or after the date of the enactment of this Act, subject to
paragraph (2).
(2) Recomputations.--In the case of any individual who is
entitled to an annuity or survivor annuity based on a
separation from service which occurred before the date of the
enactment of this Act--
(A) such annuity or survivor annuity shall be
recomputed to take into account the amendments made by
section 1 only if application therefor is made within
12 months after the effective date of regulations
prescribed by the Office of Personnel Management to
carry out such amendments; and
(B) any change in an annuity or survivor annuity
resulting from a recomputation under subparagraph (A)
shall be effective only with respect to amounts
accruing for months beginning on or after the date of
the enactment of this Act.
(b) Amendment Made by Section 2.--The amendment made by section 2
shall take effect as of the date of the enactment of this Act. Upon
timely application to the Office of Personnel Management, such
amendment shall also apply to the widow or widower of a former employee
or Member who died before such date of enactment, except that no amount
shall be payable--
(1) for any period beginning before such date of enactment;
or
(2) in any case in which all annuity rights under
subchapter III of chapter 83 of title 5, United States Code,
have been voided due to the lump-sum credit having been taken.
(c) Savings Provision.--Nothing in section 2 shall affect the right
of an individual to a survivor annuity, based on a death occurring on
or after the date of the enactment of this Act, if such individual
would (upon filing claim therefor) have been entitled to such annuity
had section 2 not been enacted.
(d) Definitions.--For purposes of this section--
(1) the terms ``widow'' and ``widower'' have the respective
meanings given them by section 8341 of title 5, United States
Code; and
(2) the term ``lump-sum credit'' has the meaning given such
term by section 8331(8) of such title. | Amends Federal civil service law to provide for the indexation of deferred annuities, including survivor annuities, under the Civil Service Retirement System (CSRS), Federal Employees' Retirement System (FERS), and for individuals becoming subject to FERS by election.Terminates for remarriage before age 55 (currently remarriage at any age) a survivor's entitlement to an annuity based on the service of a deferred annuitant who dies before establishing a valid claim for annuity under CSRS (conforms with requirements under FERS). | {"src": "billsum_train", "title": "To amend chapters 83 and 84 of title 5, United States Code, to provide for the indexation of deferred annuities; to provide that a survivor annuity be provided to the widow or widower of a former employee who dies after separating from Government service with title to a deferred annuity under the Civil Service Retirement System but before establishing a valid claim therefor, and for other purposes."} | 2,438 | 140 | 0.432348 | 1.112246 | 0.39307 | 2.978723 | 22.425532 | 0.87234 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens' Privacy Commission Act of
2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Americans are increasingly concerned about their civil
liberties and the security, collection, use, and distribution
of their personal information by government, including medical
records and genetic information, educational records, health
records, tax records, library records, driver's license
numbers, and other records.
(2) The shift from a paper based government to an
information technology reliant government calls for a
reassessment of the most effective way to balance personal
privacy and information use, keeping in mind the potential for
unintended effects on technology development and privacy needs.
(3) Concerns have been raised about the adequacy of
existing government privacy laws and the adequacy of their
enforcement in light of new technologies.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ``Citizens'
Privacy Commission'' (in this Act referred to as the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
(a) Study.--The Commission shall conduct a study of issues relating
to protection of individual privacy and the appropriate balance to be
achieved between protecting individual privacy and allowing appropriate
uses of information, including the following:
(1) The collection, use, and distribution of personal
information by Federal, State, and local governments.
(2) Current efforts and proposals to address the
collection, use, and distribution of personal information by
Federal and State governments, including--
(A) existing statutes and regulations relating to
the protection of individual privacy, including section
552a of title 5, United States Code (commonly referred
to as the Privacy Act of 1974) and section 552 of that
title (commonly referred to as the Freedom of
Information Act); and
(B) privacy protection efforts undertaken by the
Federal Government, State governments, foreign
governments, and international governing bodies.
(3) The extent to which individuals in the United States
can obtain redress for privacy violations by government.
(b) Field Hearings.--The Commission shall conduct at least 3 field
hearings in different geographical regions of the United States.
(c) Report.--
(1) In general.--Not later than 18 months after the
appointment of all members of the Commission--
(A) a majority of the members of the Commission
shall approve a report; and
(B) the Commission shall submit the approved report
to the Congress and the President.
(2) Contents.--The report shall include a detailed
statement of findings, conclusions, and recommendations
regarding government collection, use and disclosure of personal
information, including the following:
(A) Findings on potential threats posed to
individual privacy.
(B) Analysis of purposes for which sharing of
information is appropriate and beneficial to the
public.
(C) Analysis of the effectiveness of existing
statutes, regulations, technology advances, third-party
verification, and market forces in protecting
individual privacy.
(D) Recommendations on whether additional
legislation or regulation is necessary, and if so,
specific suggestions on proposals to reform or augment
current laws and regulations relating to citizens'
privacy.
(E) Analysis of laws, regulations, or proposals
which may impose unreasonable costs or burdens, raise
constitutional concerns, or cause unintended harm in
other policy areas, such as security, law enforcement,
medical research and treatment, employee benefits, or
critical infrastructure protection.
(F) Cost analysis of legislative or regulatory
changes proposed in the report.
(G) Recommendations on non-legislative solutions to
individual privacy concerns, including new technology,
education, best practices, and third party
verification.
(H) Recommendations on alternatives to government
collection of information, including private sector
retention.
(I) Review of the effectiveness and utility of
third-party verification.
(d) Additional Report.--Together with the report under subsection
(c), the Commission shall submit to the Congress and the President any
additional report of dissenting opinions or minority views by a member
of the Commission.
(e) Interim Report.--The Commission may submit to the Congress and
the President an interim report approved by a majority of the members
of the Commission.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members appointed as follows:
(1) 2 members appointed by the President.
(2) 2 members appointed by the Majority Leader of the
Senate.
(3) 2 members appointed by the Minority Leader of the
Senate.
(4) 2 members appointed by the Speaker of the House of
Representatives.
(5) 2 members appointed by the Minority Leader of the House
of Representatives.
(6) 1 member, who shall serve as Chairperson of the
Commission, appointed jointly by the President, the Majority
Leader of the Senate, the Minority Leader of the Senate, the
Speaker of the House of Representatives, and the Minority
Leader of the House of Representatives.
(b) Diversity of Views.--The appointing authorities under
subsection (a) shall seek to ensure that the membership of the
Commission has a diversity of experiences and expertise on the issues
to be studied by the Commission, such as views and experiences of
Federal, State, and local governments, the media, the academic
community, consumer groups, public policy groups and other advocacy
organizations, civil liberties experts, and business and industry
(including small business, the information technology industry, the
health care industry, and the financial services industry).
(c) Date of Appointment.--The appointment of the members of the
Commission shall be made not later than 30 days after the date of the
enactment of this Act.
(d) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled in the
same manner in which the original appointment was made.
(f) Compensation; Travel Expenses.--Members of the Commission shall
serve without pay, but shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(h) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Chairperson or a majority of its members.
(2) Initial meeting.--Not later than 45 days after the date
of the enactment of this Act, the Commission shall hold its
initial meeting.
SEC. 6. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--
(1) In general.--Not later than 40 days after the date of
enactment of this Act, the Chairperson of the Commission shall
appoint a Director without regard to the provisions of title 5,
United States Code, governing appointments to the competitive
service.
(2) Pay.--The Director shall be paid at the rate payable
for level III of the Executive Schedule established under
section 5314 of such title.
(b) Staff.--The Director may appoint staff as the Director
determines appropriate.
(c) Applicability of Certain Civil Service Laws.--
(1) In general.--The staff of the Commission shall be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service.
(2) Pay.--The staff of the Commission shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates, but at rates not in excess of the
maximum rate for grade GS-15 of the General Schedule under
section 5332 of that title.
(d) Experts and Consultants.--The Director may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(e) Staff of Federal Agencies.--
(1) In general.--Upon request of the Director, the head of
any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out this Act.
(2) Notification.--Before making a request under this
subsection, the Director shall give notice of the request to
each member of the Commission.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Information.--
(1) In general.--Except as provided in paragraph (2), if
the Chairperson of the Commission submits a request to a
Federal department or agency for information necessary to
enable the Commission to carry out this Act, the head of that
department or agency shall furnish that information to the
Commission.
(2) Exception for national security.--If the head of that
department or agency determines that it is necessary to guard
that information from disclosure to protect the national
security interests of the United States, the head shall not
furnish that information to the Commission.
(d) Website.--The Commission shall establish a website to
facilitate public participation and the submission of public comments.
(e) 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.
(f) Administrative Support Services.--Upon the request of the
Director, 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 this Act.
(g) Gifts and Donations.--The Commission may accept, use, and
dispose of gifts or donations of services or property to carry out this
Act, but only to the extent or in the amounts provided in advance in
appropriation Acts.
(h) Contracts.--The Commission may contract with and compensate
persons and government agencies for supplies and services, without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
(i) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter that the
Commission is empowered to investigate by section 4. The
attendance of witnesses and the production of evidence may be
required by such subpoena from any place within the United
States and at any specified place of hearing within the United
States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
SEC. 8. PRIVACY PROTECTIONS.
(a) Destruction or Return of Information Required.--Upon the
conclusion of the matter or need for which individually identifiable
information was disclosed to the Commission, the Commission shall
either destroy the individually identifiable information or return it
to the person or entity from which it was obtained, unless the
individual that is the subject of the individually identifiable
information has authorized its disclosure.
(b) Disclosure of Information Prohibited.--The Commission--
(1) shall protect individually identifiable information
from improper use; and
(2) may not disclose such information to any person,
including the Congress or the President, unless the individual
that is the subject of the information has authorized such a
disclosure.
(c) Proprietary Business Information and Financial Information.--
The Commission shall protect from improper use, and may not disclose to
any person, proprietary business information and proprietary financial
information that may be viewed or obtained by the Commission in the
course of carrying out its duties under this Act.
(d) Individually Identifiable Information Defined.--In this
section, the term ``individually identifiable information'' means any
information, whether oral or recorded in any form or medium, that
identifies an individual, or with respect to which there is a
reasonable basis to believe that the information can be used to
identify an individual.
SEC. 9. BUDGET ACT COMPLIANCE.
Any new contract authority authorized by this Act shall be
effective only to the extent or in the amounts provided in advance in
appropriation Acts.
SEC. 10. TERMINATION.
The Commission shall terminate 30 days after submitting a report
under section 4(c).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission $3,000,000 to carry out this Act.
(b) Availability.--Any sums appropriated pursuant to the
authorization in subsection (a) shall remain available until expended. | Citizens' Privacy Commission Act of 2001 - Establishes the Citizen's Privacy Commission to study and report to Congress and the President on issues relating to protection of individual privacy and the appropriate balance to be achieved between protecting such privacy and allowing appropriate uses of information, including: (1) the collection, use, and distribution of personal information by government; (2) privacy protection efforts and proposals of government; and (3) individual redress for privacy violations by government.Prescribes privacy protections to be employed by the Commission. | {"src": "billsum_train", "title": "A bill to establish a commission to conduct a study of government privacy practices, and for other purposes,"} | 3,042 | 107 | 0.619391 | 1.671476 | 1.135309 | 5.02 | 28.08 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seafood Safety and Mercury Screening
Act of 2000''.
SEC. 2. REQUIREMENT OF ESTABLISHMENT OF TOLERANCE FOR METHYL MERCURY IN
SEAFOOD.
Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
341 et seq.) is amended--
(1) in section 402(a)(2)(A), by inserting ``methyl mercury
in seafood,'' after ``food additive,'';
(2) in section 402(a)(2), by inserting after ``section 512;
or'' the following: ``(D) if it is seafood that bears or
contains methyl mercury that is unsafe within the meaning of
section 406A(a); or''; and
(3) by inserting after section 406 the following section:
``tolerance for methyl mercury in seafood
``Sec. 406A. (a) In General.--Not later than one year after the
date of the enactment of the Seafood Safety and Mercury Screening Act
of 2000, the Secretary shall by regulation establish a tolerance for
the presence of methyl mercury in seafood, which shall be based on a
scientific analysis of the health risks attributable to such substance.
Any seafood containing methyl mercury shall be deemed unsafe for
purposes of section 402(a)(2)(D) unless the quantity of such substance
is within the limits of the tolerance.
``(b) Standard.--
``(1) In general.--The Secretary shall ensure that the
tolerance under subsection (a) is safe, and shall modify or
revoke the tolerance if the Secretary determines that it is not
safe.
``(2) Determination of safety.--As used in this section,
the term `safe', with respect to a tolerance for methyl mercury
in seafood, means that the Secretary has determined that there
is a reasonable certainty that no harm will result from
aggregate exposure to methyl mercury, including all anticipated
dietary exposures and all other exposures for which there is
reliable information.
``(c) Pregnant Women, Infants, and Children.--In establishing or
modifying a tolerance under subsection (a), the Secretary shall ensure
that there is a reasonable certainty that no harm will result to
pregnant women, infants, and children from aggregate exposure to methyl
mercury.
``(d) Sampling System.--Not later than 18 months after the date of
the enactment of the Seafood Safety and Mercury Screening Act of 2000,
the Secretary, after consultation with the Secretary of Agriculture,
shall establish a system for the ongoing collection and analysis of
samples of seafood to determine the extent of compliance with the
tolerance under subsection (a). Such system shall provide statistically
valid monitoring, including market-basket studies, with respect to such
compliance.
``(e) Public Education and Advisory System.--
``(1) Public education.--The Secretary, in cooperation with
private and public organizations, including the cooperative
extension services and appropriate State entities, shall design
and implement a national public education program regarding the
presence of methyl mercury in seafood. The program shall
provide--
``(A) information to the public regarding Federal
standards and good practice requirements and promotion
of public awareness understanding and acceptance of
such standards and requirements;
``(B) information to health professionals so that
they may improve diagnosis and treatment of mercury-
related illness and advise individuals whose health
conditions place them in particular risk; and
``(C) such other information or advice to consumers
and other persons as the Secretary determines will
promote the purposes of this section.
``(2) Health advisories.--The Secretary, in consultation
with the Secretary of Agriculture and the Administrator of the
Environmental Protection Agency, shall work with the States and
other appropriate entities to--
``(A) develop and distribute regional and national
advisories concerning the presence of methyl mercury in
seafood.;
``(B) develop standardized formats for written and
broadcast advisories regarding methyl mercury in
seafood; and
``(C) incorporate State and local advisories into
the national public education program required in
paragraph (1).''.
SEC. 3. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES.
In carrying out section 406A of the Federal Food, Drug, and
Cosmetic Act (as added by the amendment made by section 2 of this Act),
the Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall consider the findings made by the
National Academy of Sciences regarding the Environmental Protection
Agency's recommended level for methyl mercury exposure and the presence
of methyl mercury in seafood, as such findings are described in the
report issued by such Academy in July 2000.
SEC. 4. REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Health and Human Services, acting through the
Commissioner of Food and Drugs, shall submit to the Congress a report
on the progress of the Secretary in establishing the tolerance required
by the amendments made by section 2. The report shall include a
description of the research that has been conducted with respect to the
tolerance. | Requires the Secretary to: (1) ensure that such tolerance is safe and to modify or revoke any tolerance found to be unsafe; and (2) ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methyl mercury.
Directs the Secretary to: (1) establish a system for the ongoing collection and analysis of seafood samples to determine the extent of tolerance compliance; (2) design and implement a national public education program regarding the presence of methyl mercury in seafood; (3) work with States and other appropriate entities to develop national and regional methyl mercury advisories; (4) consider, when determining such tolerance, certain findings of the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methyl mercury; and (5) report to Congress on progress made in establishing the tolerance. | {"src": "billsum_train", "title": "Seafood Safety and Mercury Screening Act of 2000"} | 1,144 | 176 | 0.644967 | 1.659188 | 0.945752 | 4.641176 | 6.152941 | 0.958824 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Competition Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) prescription drug costs are increasing at an alarming
rate and are a major worry of senior citizens and American
families;
(2) there is a potential for drug companies owning patents
on brand-name drugs to enter in private financial deals with
generic drug companies in a manner that could tend to restrain
trade and greatly reduce competition and increase prescription
drug costs for American citizens; and
(3) enhancing competition between generic drug
manufacturers and brand name manufacturers can significantly
reduce prescription drug costs to American families.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to provide timely notice to the Department of Justice
and the Federal Trade Commission regarding agreements between
companies owning patents on brand name drugs and companies who
could manufacture generic or bioequivalent versions of such
brand name drugs; and
(2) by providing timely notice, to--
(A) enhance the effectiveness and efficiency of the
enforcement of the antitrust laws of the United States;
and
(B) deter pharmaceutical companies from engaging in
anticompetitive actions or actions that tend to
unfairly restrain trade.
SEC. 4. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``agreement'' means an agreement
under section 1 of the Sherman Act (15 U.S.C. 1) or section 5
of the Federal Trade Commission Act (15 U.S.C. 45).
(2) Antitrust laws.-- The term ``antitrust laws'' has the
same meaning as in section 1 of the Clayton Act (15 U.S.C. 12),
except that such term includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that such section
applies to unfair methods of competition.
(3) ANDA.--The term ``ANDA'' means an Abbreviated New Drug
Application, as defined under section 505(j) of the Federal
Food, Drug and Cosmetic Act (21 U.S.C 355(j)).
(4) Brand name drug company.--The term ``brand name drug
company'' means a person engaged in the manufacture or
marketing of a drug approved under section 505(b) of the
Federal Food, Drug and Cosmetic Act (21 U.S.C. 355(b)).
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) FDA.--The term ``FDA'' means the United States Food and
Drug Administration.
(7) Generic drug.--The term ``generic drug'' is a product
that the Food and Drug Administration has approved under
section 505(j) of the Federal Food, Drug and Cosmetic Act (221
U.S.C. 355(j)).
(8) Generic drug applicant.--The term ``generic drug
applicant'' means a person who has filed or received approval
for an ANDA under section 505(j) of the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 355(j)).
(9) NDA.--The term ``NDA'' means a New Drug Application, as
defined under section 505(b) of the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 355(b))
SEC. 5. NOTIFICATION OF AGREEMENTS AFFECTING THE SALE OR MARKETING OF
GENERIC DRUGS.
A brand name drug manufacturer and a generic drug manufacturer that
enter into an agreement--
(1) regarding the sale or manufacture of a generic drug
equivalent of a brand name drug that is manufactured by that
brand name manufacturer. and
(2) which agreement could have the effect of limiting the
research, development, manufacture, marketing or selling of a
generic drug product that could be approved for sale by the FDA
pursuant to an ANDA,
shall both file with the Commission and the Attorney General a notice
that such an agreement has been entered into, the text of the
agreement, an explanation of the purpose and scope of the agreement,
and an explanation of whether the agreement could delay, restrain,
limit, or in any way interfere with the production, manufacture, or
sale of the generic version of the drug in question.
SEC. 6. FILING DEADLINES.
Any notice, agreement, or other material required to be filed under
section 5 shall be filed with the Attorney General and the Commission
not later than 10 business days after the date the agreement is
executed.
SEC. 7. ENFORCEMENT.
(a) Civil Fine.--Any person, or any officer, director, or partner
thereof, who fails to comply with any provision of this Act shall be
liable for a civil penalty of not more than $20,000 for each day during
which such person is in violation of this Act. Such penalty may be
recovered in a civil action brought by the United States or brought by
the Commission in accordance with the procedures established in section
16(a)(1) of the Federal Trade Commission Act (15 U.S.C. 56(a)).
(b) Compliance and Equitable Relief.--If any person, or any
officer, director, partner, agent, or employee thereof, fails to comply
with the notification requirement under section 5 of this Act, the
United States district court, for the district in which such person
officer, director, partner, agent, or employee thereof resides or does
business, may order compliance and grant such other equitable relief as
the court in its discretion determines necessary or appropriate, upon
application of the Commission or the Assistant Attorney General.
SEC. 8. RULEMAKING.
The Commission, with the concurrence of the Assistant Attorney
General and by rule in accordance with section 553 of title 5, United
States Code, consistent with the purposes of this Act--
(1) may require that the notice of an agreement described
in section 5 of this Act be in such form and contain such
documentary material and information relevant to the agreement
as is necessary and appropriate to enable the Commission and
the Assistant Attorney General to determine whether such
agreement may violate the antitrust laws;
(2) may define the terms used in this Act;
(3) may exempt classes of persons or agreements from the
requirements of this Act; and
(4) may prescribe such other rules as may be necessary and
appropriate to carry out the purposes of this Act.
SEC. 9. EFFECTIVE DATES.
This Act shall take effect 90 days after the date of enactment of
this Act. | Drug Competition Act of 2001 - Requires brand name drug manufacturers and generic drug manufacturers to notify the Federal Trade Commission and the Attorney General of agreements regarding the sale or manufacture of generic drugs which could have the effect of limiting the research, development, manufacture, marketing, or selling of a generic drug product. | {"src": "billsum_train", "title": "To enhance competition for prescription drugs by increasing the ability of the Department of Justice and Federal Trade Commission to enforce existing antitrust laws regarding brand name drugs and generic drugs."} | 1,397 | 66 | 0.558856 | 1.312508 | 0.549663 | 4.118644 | 21.932203 | 0.966102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``False Claims Amendments Act of
1993''.
SEC. 2. GOVERNMENT RIGHT TO DISMISS CERTAIN ACTIONS.
Section 3730(b) of title 31, United States Code, is amended by
adding at the end thereof the following new paragraph:
``(6)(A) No later than 60 days after the date of service
under paragraph (2), the Government may move to dismiss from
the action the qui tam relator if--
``(i) all the necessary and specific material
allegations contained in such action were derived from
an open and active fraud investigation by the
Government; or
``(ii) the person bringing the action learned of
the information that underlies the alleged violation of
section 3729 that is the basis of the action in the
course of the person's employment by the United States,
and none of the following has occurred:
``(I) In a case in which the employing
agency has an inspector general, such person,
before bringing the action--
``(aa) disclosed in writing
substantially all material evidence and
information that relates to the alleged
violation that the person possessed to
such inspector general; and
``(bb) notified in writing the
person's supervisor and the Attorney
General of the disclosure under
division (aa).
``(II) In a case in which the employing
agency does not have an inspector general, such
person, before bringing the action--
``(aa) disclosed in writing
substantially all material evidence and
information that relates to the alleged
violation that the person possessed, to
the Attorney General; and
``(bb) notified in writing the
person's supervisor of the disclosure
under division (aa).
``(III) Twelve months (and any period of
extension as provided for under subparagraph
(B)) have elapsed since the disclosure of
information and notification under either
subclause (I) or (II) were made and the
Attorney General has not filed an action based
on such information.
``(B) Prior to the expiration of the 12-month period
described under subparagraph (A)(ii)(III) and upon notice to
the person who has disclosed information and provided notice
under subparagraph (A)(ii) (I) or (II), the Attorney General
may file a motion seeking an extension of such 12-month period.
Such 12-month period may be extended by a court for not more
than an additional 12-month period upon a showing by the
Government that the additional period is necessary for the
Government to decide whether or not to file such action. Any
such motion may be filed in camera and may be supported by
affidavits or other submissions in camera.
``(C) For purposes of subparagraph (A), a person's
supervisor is the officer or employee who--
``(i) is in a position of the next highest
classification to the position of such person;
``(ii) has supervisory authority over such person;
and
``(iii) such person believes is not culpable of the
violation upon which the action under this subsection
is brought by such person.
``(D) A motion to dismiss under this paragraph shall set
forth documentation of the allegations, evidence, and
information in support of the motion.
``(E) Any person bringing a civil action under paragraph
(1) shall be provided an opportunity to contest a motion to
dismiss under this paragraph. The court may restrict access to
the evidentiary materials filed in support of the motion to
dismiss, as the interests of justice require. A motion to
dismiss and papers filed in support or opposition of such
motion shall not be--
``(i) made public without the prior written consent
of the person bringing the civil action; and
``(ii) subject to discovery by the defendant.
``(F) If the motion to dismiss under this paragraph is
granted, the matter shall remain under seal.
``(G) No later than 6 months after the date of the
enactment of this paragraph, and every 6 months thereafter, the
Department of Justice shall report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives relating to--
``(i) the cases in which the Department of Justice
has filed a motion to dismiss under this paragraph;
``(ii) the outcome of such motions; and
``(iii) the status of false claims civil actions in
which such motions were filed.''.
SEC. 3. PROVISIONS RELATING TO ACTIONS BARRED AND QUI TAM AWARDS.
Section 3730 of title 31, United States Code, is further amended--
(1) in subsection (b)(1) by adding at the end thereof ``No
claim for a violation of section 3729 may be waived or released
by any action of any person, except insofar as such action is
part of a court approved settlement of a false claim civil
action brought under this section.'';
(2) in subsection (d)--
(A) in the first sentence by striking out ``,
subject to the second sentence of this paragraph,'';
and
(B) by striking out the second sentence; and
(3) in subsection (e) by striking out paragraph (4).
SEC. 4. WHISTLEBLOWER PROTECTION.
Section 3730(h) of title 31, United States Code, is amended--
(1) by striking out ``(h)'' and inserting in lieu thereof
``(h) Whistleblower Protection.--(1)''; and
(2) by adding at the end thereof the following new
paragraphs:
``(2)(A) In any action brought by an employee under
paragraph (1), the employee shall be entitled to relief if,
based upon a preponderance of the evidence, the employee
demonstrates that a lawful act described under paragraph (1)
was a contributing factor in the action by the employer against
the employee that is alleged in the complaint.
``(B) Notwithstanding the provisions of subparagraph (A),
such employee shall not be entitled to relief, if the employer
demonstrates by clear and convincing evidence that the employer
would have taken the same action against the employee in the
absence of such lawful act.''.
SEC. 5. DEFINITION OF PERSON.
Section 3730 of title 31, United States Code, is further amended by
inserting at the end thereof the following new subsection:
``(i) Definition.--For purposes of this section the term `person'
means any natural person, partnership, corporation, association, or
other legal entity including any State or political subdivision of a
State.''.
SEC. 6. STATUTE OF LIMITATIONS.
Section 3731(b) of title 31, United States Code, is amended to read
as follows:
``(b)(1) A civil action under section 3730 may not be brought more
than 6 years after the date on which the violation of section 3729 is
committed.
``(2) For the purpose of computing the period described under
paragraph (1), there shall be excluded all periods during which facts
material to the right of action are not known and reasonably could not
be known by the official of the United States with authority to act in
the circumstances.''.
SEC. 7. AUTHORITY TO ISSUE INVESTIGATIVE DEMANDS.
Section 3733 of title 31, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A) by
inserting ``or an Assistant Attorney General'' after
``Attorney General'' each place it appears; and
(B) in the matter following subparagraph (D)--
(i) in the first sentence by inserting ``or
an Assistant Attorney General'' after
``Attorney General''; and
(ii) in the second sentence by striking out
``, the Deputy Attorney General,'';
(2) in subsection (a)(2)--
(A) in subparagraph (F) by striking out
``designated by the Attorney General''; and
(B) in subparagraph (G) by inserting ``or an
Assistant Attorney General'' after ``Attorney General''
each place it appears;
(3) in subsection (h)(6) by striking out ``, the Deputy
Attorney General,'';
(4) in subsection (i) by inserting ``or an Assistant
Attorney General'' after ``Attorney General'' each place it
appears; and
(5) in subsection (l)(6) by inserting ``or an Assistant
Attorney General'' after ``Attorney General''.
SEC. 8. APPLICABILITY AND EFFECTIVE DATE.
(a) In General.--(1) The amendments made by this Act shall take
effect on the date of the enactment of this Act and shall apply to
cases filed on or after the date of enactment of this Act.
(2) The provisions of section 3730(b)(6)(A)(i) of title 31, United
States Code (as added by section 2 of this Act), and section 3730 (d)
and (e) of such title (as amended by section 3 (2) and (3) of this
Act), shall apply to cases pending on the date of the enactment of this
Act. In any case that is pending on the date of the enactment of this
Act in which the Government has elected to proceed with the action
under section 3730(b)(4) of title 31, United States Code, the
Government may file a motion to dismiss a qui tam relator under section
3730(b)(6)(A)(i) of such title (as added by section 2 of this Act), no
later than 120 days after the date of the enactment of this Act.
(b) Prior Laws.--(1) The amendments made by the False Claims
Amendments Act of 1986 (Public Law 99-562) shall apply to cases filed
on or after the date of the enactment of such Act, and to cases pending
on such date that are still pending on the date of the enactment of
this Act.
(2) The amendments made by section 9 of the Major Fraud Act of 1988
(Public Law 100-700) shall apply to cases filed on or after the date of
the enactment of such Act, and to cases pending on such date that are
still pending on the date of enactment of this Act. | False Claims Amendments Act of 1993 - Amends the False Claims Act with respect to: (1) dismissal of qui tam actions at Government motion in specified circumstances where all material allegations derive from an open and active Federal fraud investigation or the person bringing the action based on information learned in the course of Government employment failed to take certain administrative steps; (2) waiver by private parties of the Government's rights to recover damages under such Act as part of any court approved settlement of a potential qui tam suit; (3) whistleblower protection; (4) the definition of "person" under such Act; (5) the Act's statute of limitations; and (6) the authority under such Act to issue civil investigative demands.
Requires periodic reports by the Department of Justice to specified congressional committees on cases which the Department has moved to dismiss. | {"src": "billsum_train", "title": "False Claims Amendments Act of 1993"} | 2,328 | 184 | 0.516819 | 1.547421 | 0.801052 | 1.843373 | 13.018072 | 0.831325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Services, Tools, and Opportunities
to Prevent Homelessness Act of 2018'' or the ``STOP Homelessness Act of
2018''.
SEC. 2. CONTRIBUTIONS TO THE STOP HOMELESSNESS FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--CONTRIBUTIONS TO THE STOP HOMELESSNESS FUND
``Sec. 6098. Contributions to the Stop Homelessness Fund.
``SEC. 6098. CONTRIBUTIONS TO THE STOP HOMELESSNESS FUND.
``(a) In General.--Every individual, with respect to the taxpayer's
return for the taxable year of the tax imposed by chapter 1--
``(1) may designate that a specified portion (not less than
$1) of any overpayment of tax shall be paid over to the Stop
Homelessness Fund in accordance with the provisions of section
9512, and
``(2) in addition to any payment (if any) under paragraph
(1), may make a contribution to the United States of an
additional amount which shall be paid over to such Fund.
``(b) Manner and Time of Designation and Contribution.--A
designation and contribution under subsection (a) may be made with
respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after such time of filing)
specified in regulations prescribed by the Secretary.
Such designation and contribution shall be made in such manner as the
Secretary prescribes by regulations except that, if such designation is
made at the time of filing the return of the tax imposed by chapter 1
for such taxable year, such designation shall be made either on the
first page of the return or on the page bearing the taxpayer's
signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as--
``(1) 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, and
``(2) a contribution made by such taxpayer on such date to
the United States.''.
(b) Stop Homelessness Fund.--Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 9512. STOP HOMELESSNESS FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Stop Homelessness
Fund', consisting of such amounts as may be appropriated or credited to
such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Stop Homelessness Fund amounts equal to the product of--
``(1) 2, multiplied by
``(2) the amounts designated and contributed under section
6098.
``(c) Expenditures.--Amounts in the Stop Homelessness Fund shall be
available (and shall remain available until expended) to the Secretary
of Housing and Urban Development, in consultation with the Interagency
Council on Homelessness, the Secretary of Labor, the Secretary of
Veterans Affairs, and the Secretary of Health and Human Services, for
the purpose of providing housing and services to homeless and formerly
homeless individuals through the development and implementation of new
and innovative strategies and existing evidence-based programs to
prevent and end homelessness.
``(d) Advance Notice.--The Secretary Housing and Urban Development
shall submit a detailed expenditure plan for any amounts in the Stop
Homelessness Fund to the Committee on Financial Services and the
Committee on Appropriations of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs and the Committee on
Appropriations of the Senate not later than 60 days prior to any
expenditure of such amounts.
``(e) President's Annual Budget Information.--Beginning with the
President's annual budget submission for fiscal year 2019 and every
year thereafter, the Secretary of Housing and Urban Development shall
include a description of the use of funds from the Stop Homelessness
Fund from the previous fiscal year and the proposed use of such funds
for the next fiscal year.''.
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Part IX. Contributions to the Stop Homelessness Fund''.
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9512. Stop Homelessness Fund.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018. | Services, Tools, and Opportunities to Prevent Homelessness Act of 2018 or the STOP Homelessness Act of 2018 This bill amends the Internal Revenue Code to: (1) establish the Stop Homelessness Fund for the Department of Housing and Urban Development (HUD) to use to provide housing and services to homeless and formerly homeless individuals; (2) allow individual taxpayers to designate on their tax returns a portion (not less than $1) of any overpayment of tax or an additional contribution for the fund; (3) provide appropriations to the fund equal to twice the amount that is designated and contributed by taxpayers to the fund; and (4) require HUD to include in the President's budget, beginning with FY2019, a description of the uses of the fund during the previous fiscal year and the proposed uses for the next fiscal year. | {"src": "billsum_train", "title": "Services, Tools, and Opportunities to Prevent Homelessness Act of 2018"} | 1,148 | 172 | 0.555201 | 1.589006 | 0.701637 | 3.068323 | 6.484472 | 0.84472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens' Right to Know Act of
1999''.
SEC. 2. DISCLOSURE REQUIREMENTS.
(a) Disclosure of Contributions and Expenditures on the Internet.--
(1) In general.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the
end the following:
``(d) Required Disclosure on the Internet.--
``(1) In general.--Except as provided in paragraph (3),
each political committee shall make available to the public on
the Internet the information required under subparagraphs (A)
and (B) of paragraph (3) and paragraph (5)(A) of subsection
(b), not later than 14 days after--
``(A) the date on which the committee receives a
contribution from or makes an expenditure to a person,
aggregating $200 or more during the calendar year; and
``(B) each date on which the committee receives a
contribution from or makes an expenditure to such
person, aggregating an additional $200 or more during
such calendar year.
``(2) Use of information.--Any information made available
under paragraph (1) may not be sold or used by any person for
the purpose of soliciting contributions or donations or for any
commercial purpose, other than using the name and address of
any political committee to solicit contributions from such
committee.
``(3) Candidate.--
``(A) In general.--In the case of a candidate or
the candidate's authorized committee, the requirement
under paragraph (1) that disclosure occur within 14
days shall only apply during the period which begins 18
months before the date of the general election for the
office for which such candidate is running and ends on
such date.
``(B) Time period covered.--The first disclosure
required under subparagraph (A) shall include aggregate
contributions received and expenditures made during the
election cycle for the office for which the candidate
is seeking and not previously made available under
paragraph (1).''.
(2) Definition of election cycle.--Section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended
by adding at the end the following:
``(20) Election cycle.--The term `election cycle' means--
``(A) in the case of a candidate or the authorized
committees of a candidate, the period beginning on the
day after the date of the most recent general election
for the specific office or seat that the candidate
seeks and ending on the date of the next general
election for that office or seat; and
``(B) in the case of all other persons, the period
beginning on the first day following the date of the
last general election and ending on the date of the
next general election.''.
(b) Identification of Contributors Not Required for Certain
Political Committees.--Section 304(b)(3)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(b)(3)(A)) is amended by inserting
``for a political party committee, '' before ``person''.
(c) Disclosure of Certain Broadcasting Records.--Section 315 of the
Communications Act of 1934 (47 U.S.C. 315) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively, and
inserting after subsection (b) the following:
``(c) Political Record.--
``(1) In general.--A licensee or operator of a cable system
shall maintain, and make available for public inspection, a
complete record of a request to purchase broadcast time that--
``(A) is made by or on behalf of a legally
qualified candidate for Federal office; or
``(B) will communicate a message that--
``(i) refers to a clearly identified
candidate, Federal office holder, or national
political party; and
``(ii) is made for the purpose of
influencing a Federal election.
``(2) Contents of record.--A record maintained under
paragraph (1) shall contain information regarding--
``(A) whether the request to purchase broadcast
time is accepted or rejected by the licensee or
operator of a cable system;
``(B) the rate charged for the broadcast time;
``(D) the date and time that the communication is
aired;
``(E) the class of time that is purchased; and
``(F) the name of the candidate, office holder, or
political party to which the communication refers and
the office to which the candidate is seeking election
(as applicable).
``(3) Time to maintain file.--The information required
under this subsection shall be placed in a political file as
soon as possible and shall be retained by the licensee or
operator of a cable system for a period of not less than 2
years.''.
SEC. 3. MODIFICATION OF CONTRIBUTION LIMITS.
(a) Candidate Limit.--Section 315(a)(1)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(A)) is amended by striking
``$1,000'' and inserting ``$5,000''.
(b) Party Limits.--Section 315(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)) is amended--
(1) in paragraph (1)(B), by striking ``$20,000'' and
inserting ``$50,000''; and
(2) in paragraph (2)(B), by striking ``$15,000'' and
inserting ``$50,000''.
(c) State Party Limit.--Section 315(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C)--
(i) by inserting ``(other than a committee
described in subparagraph (D))'' after
``committee''; and
(ii) by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
which, in the aggregate, exceed $15,000.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C)--
(i) by inserting ``(other than a committee
described in subparagraph (D))'' after
``committee''; and
(ii) by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
which, in the aggregate, exceed $15,000.''.
(d) Aggregate Limit.--The first sentence of section 315(a)(3) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is
amended to read as follows: ``An individual shall not make an aggregate
amount of contributions in any calendar year, described in
subparagraphs (A) and (C) of paragraph (1) in excess of $50,000 and
described in subparagraphs (B) and (D) of paragraph (1) in excess of
$50,000.''.
SEC. 3. ADMINISTRATIVE EXPENSES OF POLITICAL COMMITTEES.
(a) Definition of Contribution.--Section 301(8)(B) of Federal
Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
(1) in clause (xiii), by striking ``and'' at the end;
(2) in clause (xiv), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(xv) any amount received by a committee of a political
party specifically designated to defray the cost of legal or
accounting services or other services required for compliance
with this Act or chapter 95 or chapter 96 of the Internal
Revenue Code of 1986, including the costs of developing and
maintaining a system of electronic recordkeeping and
reporting.''.
(b) Definition of Expenditure.--Section 301(9)(B) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(9)(B)) is amended--
(1) in clause (ix), by striking ``and'' at the end;
(2) in clause (x), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(xi) the payment by a committee of a political party for
the cost of legal or accounting services or other services
required for compliance with this Act or chapter 95 or chapter
96 of the Internal Revenue Code of 1986, including the costs of
developing and maintaining a system of electronic recordkeeping
and reporting.''.
SEC. 4. TAX DEDUCTION FOR CONTRIBUTIONS TO CERTAIN POLITICAL COMMITTEES
AND CANDIDATES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 222
as section 223 and inserting after section 221 the following new
section:
``SEC. 222. POLITICAL CONTRIBUTIONS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction for the taxable year an amount equal to
the lesser of--
``(1) the aggregate amount of qualified political
contributions made by the taxpayer during the taxable year, or
``(2) $100 ($200 in the case of a joint return).
``(b) Qualified Political Contributions.--For purposes of this
section--
``(1) In general.--For purposes of this section, the term
`qualified political contributions' means an amount paid or
incurred to a--
``(A) candidate or candidate's authorized
committee,
``(B) political committee of a national political
party; or
``(C) qualified political committee.
``(2) Qualified political committee.--The term `qualified
political committee' means a separate segregated fund described
in section 316(b)(2)(C) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441b(b)(2)(C)) and maintained by a corporation,
labor organization, membership organization, cooperative, or
corporation without capital stock which is certified by the
Federal Election Commission for the calendar year in which the
taxable year begins as meeting the voluntary disclosure
requirements of section 324 of such Act.
``(c) Verification.--The credit allowed by subsection (a) shall be
allowed, with respect to any contribution, only if such contribution is
verified in such manner as the Secretary shall prescribe by
regulations.
``(d) Other Definitions.--For purposes of this section, the terms
`authorized committee', `candidate', `contribution', and `political
committee' have the meaning given those terms in section 301 of the
Federal Election Campaign Act of 1971.''.
(b) Voluntary Disclosure Requirement.--Title III of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by
adding at the end the following:
``SEC. 324. VOLUNTARY DISCLOSURE REQUIREMENT.
``(a) Disclosure.--An organization which maintains a separate
segregated fund described in section 316(b)(2)(C) may elect to disclose
disbursements made for political activity during the 12-month period
ending on August 15 of a calendar year by filing an annual report with
the Commission under this section.
``(b) Political Activity.--In this section, the term `political
activity' means activity in connection with any election or candidate,
including--
``(1) voter registration activity;
``(2) voter identification and get-out-the-vote activity;
``(3) organizing and running direct mail campaigns or phone
banks;
``(4) disbursements for broadcast time or print
advertising; and
``(5) polling.
``(c) Form of Report.--A report under subsection (a) shall be filed
annually with the Commission--
``(1) in such form and containing such information as the
Commission determines necessary, and
``(2) not later than September 1 of the calendar year to
which such report relates.
``(d) Public Access.--
``(1) Report.--A report filed under subsection (a) shall be
made accessible to the public by the Commission not later than
September 30 of the calendar year to which such report relates.
``(2) Reporting organizations.--Not later than September 30
of each calendar year, the Commission shall make available to
the public a list of each organization which elects to file a
report under subsection (a).
``(e) Certification.--For purposes of section 222 of the Internal
Revenue Code of 1986 (relating to political contributions), not later
than September 30 of each calendar year, the Commission shall certify
to the Secretary of Treasury and each organization electing to report
under this section the name of each organization which meets the
voluntary reporting requirements of this section.''.
(c) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the last item and inserting the following new
items:
``Sec. 222. Political contributions.
``Sec. 223. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
SEC. 5. TREATMENT OF PERSONAL SERVICES PROVIDED IN COORDINATION WITH A
POLITICAL COMMITTEE.
Section 301(8)(A)(ii) of the Federal Election Campaign Act of 1971
(2 U.S.C. 431(8)(A)(ii)) is amended by inserting ``or in coordination
with a political committee'' after ``committee''. | Amends the Communications Act of 1934 to require disclosure of certain broadcasting records with regard to a Federal election.
Amends FECA to modify contribution limits, increasing them for any candidate and his authorized political committees, as well as political committees established and maintained by a national political party. Sets a separate specified limit for political committees established and maintained by a State committee of a political party. Increases the aggregate limit for an individual in any calendar year.
Excludes from definitions of contribution and expenditures certain administrative costs of a political party committee.
Amends the Internal Revenue Code to allow a tax deduction for certain political contributions.
Outlines requirements for voluntary, annual disclosure of disbursements by certain organizations for political activity, including voter registration, voter identification, and get-out-the-vote activities.
Treats personal services provided without charge in coordination with a political committee as a contribution. | {"src": "billsum_train", "title": "Citizens' Right to Know Act of 1999"} | 3,285 | 199 | 0.498327 | 1.293167 | 0.648183 | 2.343195 | 17.071006 | 0.852071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ordnance and Explosives Risk
Management Act''.
SEC. 2. SINGLE POINT OF CONTACT FOR POLICY AND BUDGETING ISSUES
REGARDING FORMER MILITARY RANGES.
Section 2701 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k) UXO Program Manager.--The Secretary of Defense shall
establish a program manager for unexploded ordnance (UXO) and other
abandoned military munitions who shall serve as the single point of
contact in the Department of Defense for policy and budgeting issues
involving the characterization, remediation, and management of
explosive and related risks at former military ranges (as defined in
section 2410 of this title) known or suspected to contain unexploded
ordnance or other abandoned military munitions that pose a threat to
human health or safety. The authority of the Secretary may not be
further delegated, other than to the Secretary of the Army and the
Under Secretary of the Army.''.
SEC. 3. INVENTORY OF EXPLOSIVE RISK SITES AT FORMER MILITARY RANGES.
(a) Inventory Required.--(1) Chapter 160 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2710. Former military ranges: inventory of explosive risk sites;
use of inventory; public safety issues
``(a) Definitions.--In this section:
``(1) The term `former military range' means a military
range presently located in the United States that--
``(A) is or was owned by, leased to, or otherwise
possessed or used by the Federal Government;
``(B) is designated as a closed, transferred, or
transferring military range (rather than as an active
or inactive range); or
``(C) is or was used as a site for the disposal of
military munitions or for the use of military munitions
in training or research, development, testing, and
evaluation.
``(2) The term `abandoned military munitions' means
unexploded ordnance and other abandoned military munitions,
including components thereof and chemical weapons materiel,
that pose a threat to human health or safety.
``(3) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the territories and
possessions.
``(4) The term `United States', in a geographic sense,
includes the Commonwealth of Puerto Rico and the territories
and possessions.
``(b) Inventory Required.--(1) The Secretary of Defense shall
develop and maintain an inventory of former military ranges that are
known or suspected to contain abandoned military munitions.
``(2) The information for each former military range in the
inventory shall include, at a minimum, the following:
``(A) A unique identifier for the range and its current
designation as either a closed, transferred, or transferring
range.
``(B) An appropriate record showing the location,
boundaries, and extent of the range, including identification
of the State and political subdivisions of the State in which
the range is located and any Tribal lands encompassed by the
range.
``(C) Known persons and entities, other than a military
department, with any current ownership interest or control of
lands encompassed by the range.
``(D) Any restrictions or other land use controls currently
in place that might affect the potential for public and
environmental exposure to abandoned military munitions.
``(c) Site Prioritization.--(1) With respect to each former
military range included on the inventory, the Secretary of Defense
shall assign the range a relative priority for response activities
based on the overall conditions at the range. The level of response
priority assigned the range shall be included with the information
required by subsection (b)(2) to be maintained for the range.
``(2) In assigning the response priority for a former military
range, the Secretary of Defense shall primarily consider factors
relating to safety and environmental hazard potential, such as the
following:
``(A) Whether there are known, versus suspected, abandoned
military munitions on all or any portion of the range and the
types of munitions present or suspected to be present.
``(B) Whether public access to the range is controlled, and
the effectiveness of these controls.
``(C) The potential for direct human contact with abandoned
military munitions at the range and evidence of people entering
the range.
``(D) Whether a response action has been or is being
undertaken at the range under the Formerly Used Defense Sites
program or other programs.
``(E) The planned or mandated dates for transfer of the
range from military control.
``(F) The extent of any documented incidents involving
abandoned military munitions at or from the range. In this
subparagraph, the term `incidents' means any or all of the
following: explosions, discoveries, injuries, reports, and
investigations.
``(G) The potential for drinking water contamination or the
release of weapon components into the air.
``(H) The potential for destruction of sensitive ecosystems
and damage to natural resources.
``(d) Updates and Availability.--(1) The Secretary of Defense shall
annually update the inventory and site prioritization list to reflect
new information that becomes available. The inventory shall be
available in published and electronic form.
``(2) The Secretary of Defense shall work with adjacent communities
to provide information concerning conditions at the former military
range and response activities, and shall respond to inquiries. At a
minimum, the Secretary shall notify immediately affected individuals,
appropriate State, local, tribal, and Federal officials, and, when
appropriate, civil defense or emergency management agencies.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2710. Former military ranges: inventory of explosive risk sites; use
of inventory; public safety issues.''.
(b) Initial Inventory.--The inventory required by section 2710 of
title 10, United States Code, as added by subsection (a), shall be
completed and made available not later than 180 days after the date of
the enactment of this Act.
SEC. 4. SEPARATE DEPARTMENT OF DEFENSE ACCOUNT FOR REMOVAL AND CLEANUP
OF ABANDONED MILITARY MUNITIONS.
(a) Establishment and Use.--Section 2703 of title 10, United States
Code, is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) An account to be known as the `Abandoned Military
Munitions Account, Defense'.''; and
(2) in subsection (b)(1)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) in the case of the account established under
subsection (a)(6), to carry out the activities required under
section 2710 of this title and to provide for the removal of,
and cleanup associated with the presence of, abandoned military
munitions at former military ranges (as such terms are defined
in subsection (a) of such section).''.
(b) Budget Request.--Subsection (c) of such section is amended by
adding before the period at the end the following: ``and the amounts
requested for deposit in the account established under subsection
(a)(6) for use as provided in subsection (b)(1)(C)''.
SEC. 5. ENHANCED SECURITY MEASURES AT FORMER MILITARY RANGES AND PUBLIC
AWARENESS EFFORTS REGARDING DANGERS ASSOCIATED WITH SUCH
RANGES.
Section 2710 of title 10, United States Code, as added by section
3, is amended by adding at the end the following new subsection:
``(e) Site Security Plan.--(1) Not later than 18 months after the
inclusion of a former military range on the inventory, the Secretary of
Defense shall prepare a site security plan for the range describing the
measures (such as patrols, signs and other informational materials,
maps, and fencing and other physical barriers) to be used--
``(A) to restrict public access to abandoned military
munitions at or from the range; and
``(B) to inform and educate the public as to the risks of
handling abandoned military munitions and related items.
``(2) The Secretary of Defense is encouraged to cooperate with
property owners (including Federal land management agencies), State,
Federal, and tribal governments, private industry, institutions of
higher education, non-governmental organizations, and other interested
persons in developing the site security plan for a former military
range.
``(3) The Secretary of Defense may enter into a memorandum of
agreement with a Federal agency, and cooperative agreements with non-
Federal entities referred to in paragraph (2), to support the
implementation of specific elements of the site security plan for a
former military range.''.
SEC. 6. INDEPENDENT OVERSIGHT PANEL.
The Program Manager for UXO shall establish an independent advisory
and review panel that shall include the National Academy of Sciences,
one nongovernmental organization with expertise in UXO, the
Environmental Protection Agency, and a representative of the States.
The panel shall be responsible for reporting annually to Congress on
progress made by the Department of Defense and make recommendations for
UXO program improvement. | Ordnance and Explosives Risk Management Act - Directs the Secretary of Defense to establish a program manager for unexploded ordnance (UXO) and other abandoned military munitions who shall serve as the single point of contact in the Department of Defense for policy and budgeting issues involving the characterization, remediation, and management of explosives and related risks at former military ranges known or suspected to contain UXO or other abandoned military munitions that pose a threat to human health or safety. Requires the Secretary to develop and maintain an inventory of former military ranges that are known or suspected to contain abandoned munitions, to prioritize each such range according to overall conditions, and to annually update the inventory and prioritization.Establishes the Abandoned Military Munitions Account, Defense, for the removal and cleanup of abandoned military munitions.Directs the Secretary to prepare a site security plan for each range listed on the inventory.Requires the UXO program manager to establish an independent UXO advisory and review panel. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to require the development and maintenance of an inventory of sites within former military ranges known or suspected to contain unexploded ordnance (UXO) or other abandoned military munitions that pose a threat to human health, human safety, or the environment, to improve security at such sites and public awareness of the dangers associated with such sites, and for other purposes."} | 2,129 | 235 | 0.665666 | 1.863584 | 1.074741 | 5.910112 | 11.123596 | 0.955056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Afghanistan Exit and Accountability
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On November 29, 2009, in the Final Orders for
Afghanistan/Pakistan Strategy, President Barack Obama wrote
that sending significant additional United States troops in
early 2010 would set the conditions for an ``accelerated
transition to Afghan authorities beginning in July 2011''.
(2) Operation Enduring Freedom in Afghanistan is America's
longest conflict, with October 7, 2011, marking the 10-year
anniversary of the start of United States military operations
in Afghanistan.
(3) Military operations in Afghanistan have cost United
States taxpayers $336,000,000,000 in deficit spending from
October 2001 through fiscal year 2010, with an additional
$100,000,000,000 appropriated in deficit spending for fiscal
year 2011.
(4) As of March 15, 2011, over 1,500 members of the United
States Armed Forces have lost their lives in support of
Operation Enduring Freedom in Afghanistan and over 10,000 have
been wounded.
(5) In November 2010, the Department of Defense reported
that suicide rates are soaring among veterans, and the backlog
at the Department of Veterans Affairs had reached more than
700,000 disability cases, including cases involving post
traumatic stress disorder.
(6) The combined costs of the wars in Iraq and Afghanistan
are currently estimated to account for 23 percent of the United
States deficit for the period 2003 to 2010.
(7) Nobel Prize-winning economist and Columbia University
Professor Joseph Stiglitz estimates that the costs of the wars
in Iraq and Afghanistan, including interest payments on the
money borrowed for these wars and care for wounded soldiers and
veterans, are likely to total $4,000,000,000,000 to
$6,000,000,000,000.
(8) On December 1, 2009, at a speech at the United States
Military Academy at West Point, President Barack Obama stated
that the United States would begin withdrawing United States
Armed Forces from Afghanistan in July 2011.
SEC. 3. PLAN WITH TIMEFRAME AND COMPLETION DATE AND REPORTS WITH STATUS
UPDATES ON TRANSITION OF UNITED STATES MILITARY AND
SECURITY OPERATIONS IN AFGHANISTAN TO THE GOVERNMENT OF
AFGHANISTAN.
(a) Plan With Timeframe and Completion Date Required.--Not later
than 60 days after the date of the enactment of this Act, the President
shall transmit to Congress a plan with a timeframe and completion date
for the accelerated transition of United States military and security
operations (including operations involving military and security-
related contractors) in Afghanistan to the Government of Afghanistan.
(b) Report With Status Updates Required.--Not later than 90 days
after the date of transmission of the plan required by subsection (a),
and every 90 days thereafter, the President shall transmit to Congress
a report setting forth the current status of such plan, including the
following information:
(1) Progress on completing the redeployment of United
States Armed Forces from Afghanistan and the accelerated
transition of military and security operations to the
Government of Afghanistan.
(2) The total number of United States Armed Forces deployed
in Afghanistan over the reporting period, including military
and security-related contractors, logistical support, and
maintenance for bases and facilities utilized by the Armed
Forces.
(3) The total number of United States Armed Forces
permanently withdrawn and redeployed from Afghanistan during
the reporting period, including Guard and Reserves, that will
not be replenished or replaced by new deployments or by
military and security-related contractors.
(4) The total financial costs of maintaining United States
Armed Forces in Afghanistan over the reporting period,
including military and security-related contractors.
(5) The number of members of the United States Armed Forces
killed or wounded in Afghanistan during each reporting period.
(6) The number of United States military personnel (active
duty, Guard, Reserves, and veterans) who were or had been
deployed to Afghanistan that committed suicide during the
reporting period.
(7) The cost of providing care and benefits to Operation
Enduring Freedom (OEF) veterans and members of the United
States Armed Forces deployed in Afghanistan during each
reporting period.
(8) The estimated amount of increased deficit and increased
public debt attributed to continuing military operations in
Afghanistan accrued during the reporting period and projected
through 2020, including interest payments on money borrowed for
OEF and the care and benefits for wounded soldiers and
veterans.
(9) Information on variables that could advance the
timetable and increase the rate of redeployment of United
States Armed Forces from Afghanistan.
(c) Savings From Accelerated Redeployment.--Each report required
under subsection (b) shall include the estimated savings, immediate and
over 5-year, 10-year, and 20-year time periods, were United States
military and security operations to be concluded and United States
Armed Forces redeployed from Afghanistan within 180 days of the date of
each report. | Afghanistan Exit and Accountability Act - Requires the President to submit to Congress, within 60 days after the enactment of this Act, a plan with a time frame and completion date for the accelerated transition of U.S. military and security operations in Afghanistan to the government of Afghanistan.
Directs the President, within 90 days after the submission of such plan and every 90 days thereafter, to report on the plan's current status. Requires such reports to include the estimated savings, immediately and over 5-, 10-, and 20-year periods, if U.S. military and security operations in Afghanistan were concluded and U.S. Armed Forces were redeployed from Afghanistan within 180 days after the date of each report. | {"src": "billsum_train", "title": "To require the President to transmit to Congress a plan with timeframe and completion date and reports with status updates on the transition of United States military and security operations in Afghanistan to the Government of Afghanistan."} | 1,044 | 162 | 0.530921 | 1.558469 | 0.717628 | 3.284615 | 7.715385 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Addiction Treatment Act of
1999''.
SEC. 2. AMENDMENT TO CONTROLLED SUBSTANCES ACT.
Section 303(g) of the Controlled Substances Act (21 U.S.C. 823(g))
is amended--
(1) in paragraph (2), by striking ``(A) security'' and
inserting ``(i) security'', and by striking ``(B) the
maintenance'' and inserting ``(ii) the maintenance'';
(2) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(3) by inserting ``(1)'' after ``(g)'';
(4) by striking ``Practitioners who dispense'' and
inserting ``Except as provided in paragraph (2), practitioners
who dispense''; and
(5) by adding at the end the following:
``(2)(A) Subject to subparagraphs (D) and (G), the
requirements of paragraph (1) are waived in the case of the
dispensing, by a practitioner, of narcotic drugs in schedule IV
or V or combinations of such drugs if the practitioner meets
the conditions specified in subparagraph (B) and the narcotic
drugs or combinations of such drugs meet the conditions
specified in subparagraph (C).
``(B) For purposes of subparagraph (A), the conditions
specified in this subparagraph with respect to a practitioner
are that, before dispensing narcotic drugs in schedule IV or V,
or combinations of such drugs, to patients for maintenance or
detoxification treatment, the practitioner submit to the
Secretary a notification of the intent of the practitioner to
begin dispensing the drugs or combinations for such purpose,
and that the notification contain the following certifications
by the practitioner:
``(i) The practitioner is a physician licensed
under State law, and the practitioner has, by training
or experience, the ability to treat and manage opiate-
dependent patients.
``(ii) With respect to patients to whom the
practitioner will provide such drugs or combinations of
drugs, the practitioner has the capacity to refer the
patients for appropriate counseling and other
appropriate ancillary services.
``(iii) In any case in which the practitioner is
not in a group practice, the total number of such
patients of the practitioner at any one time will not
exceed the applicable number. For purposes of this
clause, the applicable number is 20, except that the
Secretary may by regulation change such total number.
``(iv) In any case in which the practitioner is in
a group practice, the total number of such patients of
the group practice at any one time will not exceed the
applicable number. For purposes of this clause, the
applicable number is 20, except that the Secretary may
by regulation change such total number, and the
Secretary for such purposes may by regulation establish
different categories on the basis of the number of
practitioners in a group practice and establish for the
various categories different numerical limitations on
the number of such patients that the group practice may
have.
``(C) For purposes of subparagraph (A), the conditions
specified in this subparagraph with respect to narcotic drugs
in schedule IV or V or combinations of such drugs are as
follows:
``(i) The drugs or combinations of drugs have,
under the Federal Food, Drug and Cosmetic Act or
section 351 of the Public Health Service Act, been
approved for use in maintenance or detoxification
treatment.
``(ii) The drugs or combinations of drugs have not
been the subject of an adverse determination. For
purposes of this clause, an adverse determination is a
determination published in the Federal Register and
made by the Secretary, after consultation with the
Attorney General, that the use of the drugs or
combinations of drugs for maintenance or
detoxification treatment requires additional standards respecting the
qualifications of practitioners to provide such treatment, or requires
standards respecting the quantities of the drugs that may be provided
for unsupervised use.
``(D)(i) A waiver under subparagraph (A) with respect to a
practitioner is not in effect unless (in addition to conditions
under subparagraphs (B) and (C)) the following conditions are
met:
``(I) The notification under subparagraph (B) is in
writing and states the name of the practitioner.
``(II) The notification identifies the registration
issued for the practitioner pursuant to subsection (f).
``(III) If the practitioner is a member of a group
practice, the notification states the names of the
other practitioners in the practice and identifies the
registrations issued for the other practitioners
pursuant to subsection (f).
``(IV) A period of 30 days has elapsed after the
date on which the notification was submitted, and
during such period the practitioner does not receive
from the Secretary a written notice that one or more of
the conditions specified in subparagraph (B),
subparagraph (C), or this subparagraph, have not been
met.
``(ii) The Secretary shall provide to the Attorney General
such information contained in notifications under subparagraph
(B) as the Attorney General may request.
``(E) If in violation of subparagraph (A) a practitioner
dispenses narcotic drugs in schedule IV or V or combinations of
such drugs for maintenance treatment or detoxification
treatment, the Attorney General may, for purposes of section
304(a)(4), consider the practitioner to have committed an act
that renders the registration of the practitioner pursuant to
subsection (f) to be inconsistent with the public interest.
``(F) In this paragraph, the term `group practice' has the
meaning given such term in section 1877(h)(4) of the Social
Security Act.
``(G)(i) This paragraph takes effect on the date of
enactment of the Drug Addiction Treatment Act of 1999, and
remains in effect thereafter except as provided in clause (iii)
(relating to a decision by the Secretary or the Attorney
General that this paragraph should not remain in effect).
``(ii) For the purposes relating to clause (iii), the
Secretary and the Attorney General shall, during the 3-year
period beginning on the date of enactment of the Drug Addiction
Treatment Act of 1999, make determinations in accordance with
the following:
``(I)(aa) The Secretary shall--
``(aaa) make a determination of whether
treatments provided under waivers under
subparagraph (A) have been effective forms of
maintenance treatment and detoxification
treatment in clinical settings;
``(bbb) make a determination regarding
whether such waivers have significantly
increased (relative to the beginning of such
period) the availability of maintenance
treatment and detoxification treatment; and
``(ccc) make a determination regarding
whether such waivers have adverse consequences
for the public health.
``(bb) In making determinations under this
subclause, the Secretary--
``(aa) may collect data from the
practitioners for whom waivers under
subparagraph (A) are in effect;
``(bb) shall promulgate regulations (in
accordance with procedures for substantive
rules under section 553 of title 5, United
States Code) specifying the scope of the data
that will be required to be provided under this
subclause and the means through which the data
will be collected; and
``(cc) shall, with respect to collecting
such data, comply with applicable provisions of
chapter 6 of title 5, United States Code
(relating to a regulatory flexibility analysis)
and of chapter 8 of such title (relating to
congressional review of agency rulemaking).
``(II) The Attorney General shall--
``(aa) make a determination of the extent
to which there have been violations of the
numerical limitations established under
subparagraph (B) for the number of individuals
to whom a practitioner may provide treatment;
``(bb) make a determination regarding
whether waivers under subparagraph (A) have
increased (relative to the beginning of such
period) the extent to which narcotic drugs in
schedule IV or V or combinations of such drugs
are being dispensed or possessed in violation
of this Act; and
``(cc) make a determination regarding
whether such waivers have adverse consequences
for the public health.
``(iii) If, before the expiration of the period specified
in clause (ii), the Secretary or the Attorney General publishes
in the Federal Register a decision, made on the basis of
determinations under such clause, that this paragraph should
not remain in effect, this paragraph ceases to be in effect 60
days after the date on which the decision is so published. The
Secretary shall, in making any such decision, consult with the
Attorney General, and shall, in publishing the decision in the
Federal Register, include any comments received from the
Attorney General for inclusion in the publication. The Attorney
General shall, in making any such decision, consult with the
Secretary, and shall, in publishing the decision in the Federal
Register, include any comments received from the Secretary for
inclusion in the publication.
``(H) During the 3-year period beginning on the date of
enactment of the Drug Addiction Treatment Act of 1999, a State
may not preclude a practitioner from dispensing narcotic drugs
in schedule IV or V, or combinations of such drugs, to patients
for maintentance or detoxification treatment in accordance with
the Drug Addiction Treatment Act of 1999, unless, before the
expiration of that 3-year period, the State enacts a law
prohibiting a practitioner from dispensing such drugs or
combination of drugs.''.
(e) Conforming Amendment.--Section 304 of the Controlled Substances
Act (21 U.S.C. 824) is amended--
(1) in subsection (a), in the matter following paragraph
(5), by striking ``section 303(g)'' each place the term appears
and inserting ``section 303(g)(1)''; and
(2) in subsection (d), by striking ``section 303(g)'' and
inserting ``section 303(g)(1)''. | Drug Addiction Treatment Act of 1999 - Amends the Controlled Substances Act to waive the requirement that practitioners who dispense narcotic drugs to individuals for maintenance or detoxification treatment annually obtain a separate registration for that purpose, and that the Attorney General register an applicant to dispense narcotic drugs to individuals for such treatment, in the case of the dispensing by a practitioner of narcotic drugs in schedule IV or V or combinations of such drugs (schedule IV-V drugs) if the practitioner and the drugs meet specified conditions. Requires that: (1) the practitioner, before dispensing schedule IV-V drugs to patients for maintenance or detoxification treatment, submit to the Secretary of Health and Human Services a notification of intent to begin dispensing such drugs for that purpose, including certifications that the practitioner is licensed under State law and has the ability to treat and manage opiate-dependent patients, has the capacity to refer the patients for appropriate counseling and other appropriate ancillary services, and meets other specified requirements; and (2) the schedule IV-V drugs have been approved for use in maintenance or detoxification treatment and have not been the subject of an "adverse determination" (i.e., requires additional standards regarding the qualifications of practitioners to provide such treatment, or requires standards regarding the quantities of the drugs that may be provided for unsupervised use).
Sets forth specified procedural requirements to make the waiver effective.
Requires the Secretary and the Attorney General, during the three-year period beginning on the date of this Act's enactment, to make determinations regarding whether: (1) treatments provided under such waivers have been effective forms of maintenance and detoxification treatment in clinical settings; (2) such waivers have significantly increased the availability of such treatment; and (3) such waivers have adverse public health consequences. Authorizes the Secretary to collect data from the practitioners for whom waivers are in effect. Sets forth further requirements with respect to the Secretary and the Attorney General, and further procedural requirements.
Prohibits a State, during the three-year period, from precluding a practitioner from dispensing schedule IV-V drugs to patients for maintenance or detoxification treatment in accordance with this Act unless, before the expiration of such period, the State enacts a law prohibiting a practitioner from dispensing such drugs. | {"src": "billsum_train", "title": "Drug Addiction Treatment Act of 1999"} | 2,223 | 513 | 0.685905 | 2.294205 | 0.854686 | 3.221461 | 4.840183 | 0.929224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Message Preservation
Act''.
SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES.
(a) Requirement for Preservation of Electronic Messages.--
(1) In general.--Chapter 29 of title 44, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2911. Electronic messages
``(a) Regulations Required.--Not later than 18 months after the
date of the enactment of this section, the Archivist shall promulgate
regulations governing agency preservation of electronic messages that
are records. Such regulations shall, at a minimum--
``(1) require the electronic capture, management, and
preservation of such electronic records in accordance with the
records disposition requirements of chapter 33 of this title;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches;
``(3) establish mandatory minimum functional requirements
for electronic records management systems to ensure compliance
with the requirements in paragraphs (1) and (2);
``(4) establish a process to certify that Federal agencies'
electronic records management systems meet the functional
requirements established under paragraph (3); and
``(5) include timelines for agency compliance with the
regulations that ensure compliance as expeditiously as
practicable but not later than four years after the date of the
enactment of this section.
``(b) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsection (a) shall
also include requirements for the capture, management, and preservation
of other electronic records.
``(c) Compliance by Federal Agencies.--Each Federal agency shall
comply with the regulations promulgated under subsection (a).
``(d) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under this section.
``(e) Reports on Implementation of Regulations.--
``(1) Agency report to archivist.--Not later than four
years after the date of the enactment of this section, the head
of each Federal agency shall submit to the Archivist a report
on the agency's compliance with the regulations promulgated
under this section.
``(2) Archivist report to congress.--Not later than 90 days
after receipt of all reports required by paragraph (1), the
Archivist shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
a report on Federal agency compliance with the regulations
promulgated under this section.''.
(2) Clerical amendment.--The table of sections for chapter
29 of title 44, United States Code, is amended by adding after
the item relating to section 2910 the following new item:
``2911. Electronic messages.''.
(b) Definitions.--Section 2901 of title 44, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(16) the term `electronic messages' means electronic mail
and other electronic messaging systems that are used for
purposes of communicating between individuals; and
``(17) the term `electronic records management system'
means a software system designed to manage electronic records
within an information technology system, including by--
``(A) categorizing and locating records;
``(B) ensuring that records are retained as long as
necessary;
``(C) identifying records that are due for
disposition; and
``(D) the storage, retrieval, and disposition of
records.''.
SEC. 3. PRESIDENTIAL RECORDS.
(a) Additional Regulations Relating to Presidential Records.--
(1) In general.--Section 2206 of title 44, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) provisions for establishing standards necessary for
the economical and efficient management of Presidential records
during the President's term of office, including--
``(A) records management controls necessary for the
capture, management, and preservation of electronic
messages;
``(B) records management controls necessary to
ensure that electronic messages are readily accessible
for retrieval through electronic searches; and
``(C) a process to certify the electronic records
management system to be used by the President for the
purposes of complying with the requirements in
subparagraphs (A) and (B).''.
(2) Definition.--Section 2201 of title 44, United States
Code, is amended by adding at the end the following new
paragraphs:
``(5) The term `electronic messages' has the meaning
provided in section 2901(16) of this title.
``(6) The term `electronic records management system' has
the meaning provided in section 2901(17) of this title.''.
(b) Certification of President's Management of Presidential
Records.--
(1) Certification required.--Chapter 22 of title 44, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2208. Certification of the President's management of
Presidential records
``(a) Annual Certification.--The Archivist shall annually certify
whether the records management controls established by the President
meet requirements under sections 2203(a) and 2206(5) of this title.
``(b) Report to Congress.--The Archivist shall report annually to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives on the status of the certification.''.
(2) Clerical amendment.--The table of sections for chapter
22 of title 44, United States Code, is amended by adding at the
end the following new item:
``2208. Certification of the President's management of Presidential
records.''.
(c) Report to Congress.--Section 2203(f) of title 44, United States
Code, is amended by adding at the end the following:
``(4) One year following the conclusion of a President's term of
office, or if a President serves consecutive terms one year following
the conclusion of the last term, the Archivist shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the House of
Representatives a report on--
``(A) the volume and format of Presidential records
deposited into that President's Presidential archival
depository; and
``(B) whether the records management controls of that
President met the requirements under sections 2203(a) and
2206(5) of this title.''.
(d) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
SEC. 4. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED
RECORDS FROM NATIONAL ARCHIVES.
(a) In General.--The Archivist of the United States shall prescribe
internal procedures to prevent the unauthorized removal of classified
records from the National Archives and Records Administration or the
destruction or damage of such records, including when such records are
accessed or searched electronically. The procedures shall include the
following prohibitions:
(1) No person, other than personnel of the National
Archives and Records Administration (in this section hereafter
referred to as ``NARA personnel''), shall view classified
records in any room that is not secure except in the presence
of NARA personnel or under video surveillance.
(2) No person, other than NARA personnel, shall at any time
be left alone with classified records, unless that person is
under video surveillance.
(3) No person, other than NARA personnel, shall conduct any
review of documents while in the possession of any cell phone
or other personal communication device.
(4) All persons seeking access to classified records, as a
precondition to such access, must consent to a search of their
belongings upon conclusion of their records review.
(5) All notes and other writings prepared by persons during
the course of a review of classified records shall be retained
by the National Archives and Records Administration in a secure
facility.
(b) Definition of Records.--In this section, the term ``records''
has the meaning provided in section 3301 of title 44, United States
Code.
SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS.
Section 2204 of title 44, United States Code (relating to
restrictions on access to presidential records) is amended by adding at
the end the following new subsection:
``(f) The Archivist shall not make available any original
presidential records to any individual claiming access to any
presidential record as a designated representative under section
2205(3) if that individual has been convicted of a crime relating to
the review, retention, removal, or destruction of records of the
Archives.''.
Passed the House of Representatives July 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Electronic Message Preservation Act - Requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Requires such regulations to: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; (3) establish mandatory minimum functional requirements for electronic records management systems and a process to certify federal agency compliance with such requirements; (4) include timelines for federal agency compliance; and (5) include requirements for the capture, management, and preservation of other electronic records.
Requires the head of each federal agency to report to the Archivist on the agency's compliance with the Archivist's regulations. Requires the Archivist to report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on federal agency compliance.
Requires the Archivist to: (1) establish standards for the management of presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs on the status of such certification.
Requires the Archivist to report to Congress one year after the conclusion of a President's term of office on: (1) the volume and format of presidential records deposited into the archival depository; and (2) whether records management controls of a President meet the requirements of this Act and the Presidential Records Act.
Requires the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records.
Prohibits the Archivist from providing access to original presidential records to individuals who have been convicted of a crime relating to the review, retention, removal, or destruction of records of the National Archives. | {"src": "billsum_train", "title": "To amend title 44, United States Code, to require preservation of certain electronic records by Federal agencies, to require a certification and reports relating to Presidential records, and for other purposes."} | 2,062 | 474 | 0.728409 | 2.176409 | 0.769194 | 4.543124 | 4.456876 | 0.967366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Lands Improvement Act of
1999''.
SEC. 2. PUBLIC LANDS DISPOSAL REQUIREMENT.
(a) Disposal Requirement.--
(1) In general.--Not later than 7 years after the date of
the enactment of this Act, and subject to paragraphs (2), (3),
and (4), the Secretary of the Interior shall dispose of all
right, title, and interest of the United States in and to all
public lands administered by the Bureau of Land Management
that, as of the date of the enactment of this Act, have been
identified for disposal under the land use planning process
under section 203 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1713).
(2) Milestones.--Of the lands referred to in paragraph (1),
the Secretary shall dispose of--
(A) at least \1/3\ before the end of the 3-year
period beginning on the date of the enactment of this
Act; and
(B) at least \2/3\ before the end of the 5-year
period beginning on such date.
(3) Retention of wilderness lands.--The Secretary shall not
under this section dispose of any lands located in any
wilderness area or wilderness study area.
(4) Net cost limitation.--The Secretary shall not under
this section dispose of a parcel of land if cost to the United
States of the disposal exceeds the amount that would be
received by the United States for the parcel.
(b) Manner of Disposal.--The Secretary shall dispose of public
lands under this section--
(1) in accordance with the procedures that apply under
subsection (f) of section 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1713(f)) to sales of public
lands under that section; and
(2) in parcels of 160 acres or less.
(c) Determination of Lands for Disposal.--The Secretary may
determine the public lands to be disposed of under this section.
(d) Use of Proceeds.--Of amounts received by the United States as
proceeds of disposals of public lands under this section--
(1) \1/3\ shall be deposited in the account established by
subsection (e);
(2) \1/3\ shall be paid to the county in which the lands
are located for use by the county for any purpose, which may
include education, transportation and infrastructure, or
preservation of open spaces; and
(3) \1/3\ shall be deposited in the general fund of the
Treasury and utilized to reduce the public debt.
(e) Special Account.--
(1) Establishment.--There is established in the Treasury of
the United States a separate account to be used in carrying out
this section.
(2) Contents.--The account shall consist of--
(A) amounts deposited in the account under
subsection (d); and
(B) interest added to the account under paragraph
(4) of this subsection.
(3) Use.--
(A) In general.--Amounts in the account shall be
available to the Secretary until expended, without
further appropriation, to pay--
(i) subject to subparagraph (B), costs
incurred by the Bureau of Land Management in
arranging disposals of public lands under this
section, including the costs of land boundary
surveys, compliance with the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), appraisals, environmental and
cultural clearances, and public notice;
(ii) the cost of acquisition from a willing
seller of environmentally sensitive land or
interests in such land in States in which are
located public lands disposed of under this
section;
(iii) the cost of carrying out any
necessary revision or amendment of a current
land use plan of the Bureau of Land Management
that relates to public lands disposed of under
this section;
(iv) the cost of projects or programs to
restore or protect wetlands, riparian areas, or
cultural, historic, prehistoric, or
paleontological resources on public lands,
including petroglyphs; and
(v) the cost of projects, programs, or land
acquisition to stabilize or restore water
quality for water located or used on public
lands.
(B) Limitations.--
(i) Costs in arranging land disposals.--
Costs charged against the account for the
purposes described in subparagraph (A)(i) shall
not exceed the minimum amount practicable in
view of the fair market value of the public
lands disposed of.
(ii) Acquisition.--Not more than 50 percent
of the amounts deposited in the account in any
fiscal year may be used in that fiscal year or
any subsequent fiscal year for the purpose
described in subparagraph (A)(ii).
(C) Plan revisions and amendments.--The process of
revising or amending a land use plan shall not cause
delay or postponement in the implementation of this
section.
(f) Annual Report.--Not later than October 31 of each year, the
Secretary shall report to the Congress describing in detail the use
under subsection (d) during the preceding fiscal year of proceeds of
disposals of public lands under this section, including the
expenditures in that fiscal year of amounts made available under
subsection (e).
(g) Definitions.--In this section:
(1) Public lands.--The term ``public lands'' has the
meaning that term has under section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Prohibits the disposal of: (1) lands located in wilderness areas or wilderness study areas; and (2) parcels of land if the cost of disposal exceeds the amount that would be received for such parcels.
Requires the disposal of such public lands in parcels of 160 acres or less.
Requires one-third of the proceeds to be deposited in a separate account established by this Act, one-third to be paid to the county in which the lands are located, and one-third to be deposited in the Treasury's general fund and utilized for reducing the public debt. Requires the separate account to be available to the Secretary for paying, subject to specified limitations: (1) costs incurred by the BLM in arranging the disposals; (2) the cost of acquisition from a willing seller of environmentally sensitive land in States in which such public lands are located ; (3) the cost of carrying out any necessary revision or amendment of a current BLM land use plan that relates to such public lands; (4) the cost of projects or programs to restore or protect wetlands, riparian areas, or cultural, historic, prehistoric, or paleontological resources on public lands, including petroglyphs; and (5) the cost of projects, programs, or land acquisition to stabilize or restore water quality for water located or used on public lands.
Requires the Secretary to report to Congress each fiscal year on the use of such proceeds. | {"src": "billsum_train", "title": "Federal Lands Improvement Act of 1999"} | 1,265 | 316 | 0.585613 | 1.678218 | 0.731291 | 3.996416 | 4.043011 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Infrastructure Development and
Expansion Act for the 21st Century''.
SEC. 2. HIGH-SPEED INTERCITY RAIL FACILITY BONDS.
(a) Amendment.--Chapter 261 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 26106. High-speed rail infrastructure bonds
``(a) Designation.--The Secretary may designate bonds under this
section if--
``(1) the bonds are to be issued by--
``(A) a State, if the entire railroad passenger
transportation corridor containing the infrastructure
project to be financed is within the State;
``(B) 1 or more of the States that have entered
into an interstate compact under section 410 of the
Amtrak Reform and Accountability Act of 1997 (49 U.S.C
24101 nt); or
``(C) an interstate compact described in
subparagraph (B);
``(2) the bonds are for the purpose of financing--
``(A) projects to provide a major portion of the
infrastructure required to complete a railroad
passenger transportation corridor, for transportation
described in section 20102(1)(A)(ii), designed for
sustained cruising speeds of 125 miles per hour or
more, but only if the Secretary determines that the
projects are part of a viable and comprehensive
railroad passenger transportation corridor design for
high-speed intercity rail passenger service; or
``(B) projects for the Alaska Railroad;
``(3) for a railroad passenger transportation corridor
design that includes the use of freight railroad rights-of-way,
a written agreement exists between the applicant and the
freight railroad regarding such use, including compensation for
such use and assurances regarding the adequacy of
infrastructure capacity to accommodate both existing and future
freight and passenger operations;
``(4) the corridor design eliminates all existing railroad
grade crossings and requires no additional railroad grade
crossings to be created; and
``(5) the applicant agrees to comply with the standards of
section 24312 of this title, as in effect on September 1, 2001,
with respect to the project.
``(b) Bond Amount Limitation.--The Secretary may designate bonds
under this section in amounts not to exceed $3,600,000,000 for each of
the fiscal years 2003 through 2012. Any amount of the limitation under
this subsection not used for a fiscal year may be carried over and used
as an additional limitation amount for any subsequent fiscal year.
``(c) Preference.--The Secretary shall give preference to the
designation under this section of bonds for projects--
``(1) with respect to which the State or States will
provide State funds, for purposes other than paying the
principal or interest on the bonds, that are not derived,
directly or indirectly, from transfers from the Highway Trust
Fund under section 9503 of the Internal Revenue Code of 1986;
or
``(2) which propose to link rail passenger service with
other modes of transportation.
``(d) Timely Disposition of Application.--The Secretary shall grant
or deny a requested designation within 9 months after receipt of an
application.
``(e) Annual Report.--The issuer of bonds designated under this
section shall report annually to the Secretary regarding the terms of
outstanding designated bonds and the progress made with respect to the
project financed by the bonds.
``(f) Tax Provisions.--
``(1) Exclusion from gross income.--The interest on a bond
designated by the Secretary under subsection (a) shall be
excluded from gross income under section 103 of the Internal
Revenue Code of 1986, notwithstanding section 149(c) of such
Code.
``(2) Exemption from volume cap.--For purposes of section
146 of such Code, a bond designated by the Secretary under
subsection (a) of this section shall be considered to be exempt
from the volume cap of the issuing authority in the same manner
as bonds listed in subsection (g) of such section 146.''.
(b) Table of Sections Amendment.--The table of sections of chapter
261 of title 49, United States Code, is amended by adding after the
item relating to section 26105 the following new item:
``26106. High-speed rail infrastructure bonds.''.
SEC. 3. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.
(a) Corridor Development.--
(1) Amendments.--Section 26101 of title 49, United States
Code, is amended--
(A) in the section heading, by striking
``planning'' and inserting ``development'';
(B) in the heading of subsection (a), by striking
``Planning'' and inserting ``Development'';
(C) by striking ``corridor planning'' each place it
appears and inserting ``corridor development'';
(D) in subsection (b)(1)--
(i) by inserting ``, or if it is an
activity described in subparagraph (M)'' after
``high-speed rail improvements'';
(ii) by striking ``and'' at the end of
subparagraph (K);
(iii) by striking the period at the end of
subparagraph (L) and inserting ``; and''; and
(iv) by adding at the end the following new
subparagraph:
``(M) the acquisition of locomotives, rolling stock, track,
and signal equipment.''; and
(E) in subsection (c)(2), by striking ``planning''
and inserting ``development''.
(2) Conforming amendment.--The item relating to section
26101 in the table of sections of chapter 261 of title 49,
United States Code, is amended by striking ``planning'' and
inserting ``development''.
(b) Authorization of Appropriations.--Section 26104 of title 49,
United States Code, is amended to read as follows:
``Sec. 26104. Authorization of appropriations
``(a) Fiscal Years 2002 Through 2009.--There are authorized to be
appropriated to the Secretary--
``(1) $25,000,000 for carrying out section 26101; and
``(2) $10,000,000 for carrying out section 26102,
for each of the fiscal years 2002 through 2009.
``(b) Funds To Remain Available.--Funds made available under this
section shall remain available until expended.''.
SEC. 4. REHABILITATION AND IMPROVEMENT FINANCING.
(a) Definitions.--Section 102(7) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 802(7)) is amended to read as
follows:
``(7) `railroad' has the meaning given that term in section
20102 of title 49, United States Code; and''.
(b) General Authority.--Section 502(a) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(a)) is
amended by striking ``Secretary may provide direct loans and loan
guarantees to State and local governments,'' and inserting ``Secretary
shall provide direct loans and loan guarantees to State and local
governments, interstate compacts entered into under section 410 of the
Amtrak Reform and Accountability Act of 1997 (49 U.S.C 24101 nt),''.
(c) Extent of Authority.--Section 502(d) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(d)) is
amended--
(1) by striking ``$3,500,000,000'' and inserting
``$35,000,000,000'';
(2) by striking ``$1,000,000,000'' and inserting
``$7,000,000,000''; and
(3) by adding at the end the following new sentence: ``The
Secretary shall not establish any limit on the proportion of
the unused amount authorized under this subsection that may be
used for 1 loan or loan guarantee.''.
(d) Cohorts of Loans.--Section 502(f) of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)) is
amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by redesignating subparagraph (E) as
subparagraph (F); and
(C) by adding after subparagraph (D) the following
new subparagraph:
``(E) the size and characteristics of the cohort of
which the loan or loan guarantee is a member; and'';
and
(2) by adding at the end of paragraph (4) the following:
``A cohort may include loans and loan guarantees. The Secretary
shall not establish any limit on the proportion of a cohort
that may be used for 1 loan or loan guarantee.''.
(e) Conditions of Assistance.--Section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822) is
amended--
(1) in subsection (f)(2)(A), by inserting ``, if any''
after ``collateral offered''; and
(2) by adding at the end of subsection (h) the following:
``The Secretary shall not require an applicant for a direct loan or
loan guarantee under this section to provide collateral. The Secretary
shall not require that an applicant for a direct loan or loan guarantee
under this section have previously sought the financial assistance
requested from another source. The Secretary shall require recipients
of direct loans or loan guarantees under this section to apply the
standards of section 26106(a)(5) of title 49, United States Code, to
their projects, except for projects primarily benefiting Class III
freight railroads.''.
(f) Time Limit for Approval or Disapproval.--Section 502 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822) is amended by adding at the end the following new subsection:
``(i) Time Limit for Approval or Disapproval.--Not later than 180
days after receiving a complete application for a direct loan or loan
guarantee under this section, the Secretary shall approve or disapprove
the application.''.
(g) Fees and Charges.--Section 503 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (45 U.S.C. 823) is amended by adding
at the end the following new subsection:
``(l) Fees and Charges.--Except as provided in this title, the
Secretary may not assess any fees, including user fees, or charges in
connection with a direct loan or loan guarantee provided under section
502.''.
(h) Substantive Criteria and Standards.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Transportation shall publish in the Federal Register and post on the
Department of Transportation web site the substantive criteria and
standards used by the Secretary to determine whether to approve or
disapprove applications submitted under section 502 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822). | Rail Infrastructure Development and Expansion Act for the 21st Century - Amends Federal rail transportation law to authorize the Secretary of Transportation to designate bonds if: (1) the bonds are issued by a State, or one or more of the States that have entered into an interstate compact under the Amtrak Reform and Accountability Act of 1997, or by such compact; (2) such bonds are for financing projects to provide a major portion of the infrastructure required to complete a railroad passenger transportation corridor for high-speed intercity rail passenger service, or for projects for the Alaska Railroad; (3) for a railroad passenger transportation corridor design that includes the use of freight railroad rights-of-way, a written agreement exists between the applicant and the freight railroad regarding such use and other conditions are met; (4) the corridor design eliminates all existing railroad grade crossings and requires no additional railroad grade crossings to be created; and (5) the applicant agrees to comply with certain labor standards with respect to such project. Excludes the interest on such bonds from an individual's gross income.Makes corridor development activities (including the acquisition of locomotives, rolling stock, track, and signal equipment) eligible for Federal assistance.Amends specified Federal law to change from discretionary to mandatory the Secretary's authority to provide direct loans and loan guarantees for rail rehabilitation and improvement projects to State and local governments, interstate compacts, government sponsored authorities and corporations, railroads, and joint ventures that include at least one railroad. | {"src": "billsum_train", "title": "To provide for the financing of high-speed rail infrastructure, and for other purposes."} | 2,510 | 315 | 0.695401 | 2.043028 | 0.868491 | 4.867133 | 7.699301 | 0.902098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Turbo Enterprise Zone Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that:
(1) It is the Federal Government's responsibility to create
the conditions in which enterprise can once again flourish in
our inner cities, and to help create jobs where now there is
only unemployment.
(2) Enterprise zones will reduce taxes, regulations, and
other government burdens on economic activity in the Nation's
most economically depressed areas. If properly implemented,
this concept can and will work over a period of several years.
Because the problem in our inner cities is more urgent and more
immediate, however, it requires a more aggressive reform,
designated the ``turbo enterprise zone''.
(3) To suit the current emergency, the enterprise zone
concept is supercharged: first, it is targeted on especially
hard-hit areas bereft of current tax revenue production; and,
second, the incentives are extraordinary. Specifically, local
governments will be asked to ``green line'' the most depressed
areas. Within the green line, city, county, State, and Federal
governments will cooperate to implement a zero tax rate regime
for 5 years: No sales taxes, payroll withholding taxes,
property taxes, excise taxes, or income taxes. To obtain these
benefits, 90 percent of a business's employees and managers
must live within the green line.
(4) Under current circumstances, the hardest-hit areas of
our Nation's inner cities are tax burdens rather than tax
producers. By offering striking incentives for capital to
locate within the turbo enterprise zone, however, it is
realistically to be anticipated that enormous economic activity
will occur in this area within the 5-year period. As a
consequence, at the end of that time, it is anticipated that a
sturdy tax-generating infrastructure will be firmly in place.
(b) Purpose.--The purpose of this Act is to inspire renewed
confidence in the blighted areas within America's inner cities, without
requiring enormous amounts of new taxes and borrowing.
SEC. 3. NO FEDERAL TAXES IN TURBO ENTERPRISE ZONES FOR 5 YEARS.
(a) Income, Employment, and Self-Employment Taxes.--No tax shall be
imposed under subtitle A or C of the Internal Revenue Code of 1986 with
respect to--
(1) any income received or accrued by--
(A) any individual who is a qualified resident of a
turbo enterprise zone, or
(B) any qualified business, or
(2) any remuneration paid by a qualified business for
services performed by a qualified resident.
This subsection shall not apply for purposes of determining benefits
under the Social Security Act.
(b) Excise Taxes.--No tax shall be imposed under subtitle D or E of
such Code with respect to any taxable event transacted in a turbo
enterprise zone by a qualified business or by a qualified resident for
his own account.
(c) Turbo Enterprise Zone.--For purposes of this section--
(1) In general.--The term ``turbo enterprise zone'' means
any area in the United States if--
(A) such area is specifically designated for
purposes of this section by the State and each local
government having jurisdiction over such area as
being--
(i) afflicted with especially high
unemployment, to the extent such information is
available;
(ii) subject to severe economic blight as
measured by per capita income and number of
persons below the Federal poverty level; and
(iii) nonproductive of material tax
revenues to the city, county, State, or Federal
governments; and
(B) the designation of such area is approved by the
Secretary of Housing and Urban Development.
(2) Approval of designation.--The Secretary of Housing and
Urban Development shall approve any designation under paragraph
(1) if such Secretary determines that--
(A) the area meets the criteria specified in
paragraph (1)(A), and
(B) there is in effect (subject to and effective
upon the condition of approval by the Secretary as
provided in this section) by the State and each of
local government having jurisdiction over such area an
irrevocable 5-year waiver of all tax levies of any kind
(including but not limited to property taxes, sales
taxes, payroll withholding taxes, income taxes, excise
taxes, and license fees) that would otherwise be
applicable to or collectible by qualified residents and
qualified businesses.
(d) Qualified Resident.--For purposes of this section, the term
``qualified resident'' means any individual whose domicile and
principal residence is, and has been for at least 6 continuous months,
located within a turbo enterprise zone.
(e) Qualified Business.--For purposes of this section, the term
``qualified business'' means any firm which meets the following
criteria:
(1) the principal place of business of such firm is within
a turbo enterprise zone;
(2) 90 percent of the remuneration paid by such firm to
employees, consultants, contract labor, or other individual
providers is to qualified residents; and
(3) 90 percent of the number of employees of such firm are
qualified residents.
(f) Application of Section.--
(1) In general.--This section shall irrevocably apply to
any turbo enterprise zone during the 5-year period beginning on
the date the Secretary of Housing and Urban Development
approves the designation of such zone under subsection (c)(2).
(2) Extension of 5-year period.--
(A) In general.--If, as of the close of the 5-year
period referred in paragraph (1) with respect to any
turbo enterprise zone, the Secretary of Housing and
Urban Development determines that--
(i) during such period the average
percentage increase in per capita income for
such zone is at least twice the average
percentage increase in per capita income for
the surrounding area, and
(ii) the governmental units referred to in
subsection (c)(2)(B) have extended the waiver
referred to in such subsection for at least an
additional 2 years,
then this section shall remain in effect for an
additional 2 years with respect to such zone.
(B) Additional extensions permitted.--If, as of the
close of any extension of the 5-year period referred to
in paragraph (1) with respect to any turbo enterprise
zone, the Secretary of Housing and Urban Development
determines that--
(i) during the preceding 2-year extension
the average percentage increase in per capita
income for such zone is at least twice the
average percentage increase in per capita
income for the surrounding area, and
(ii) the governmental units referred to in
subsection (c)(2)(B) have extended the waiver
referred to in such subsection for at least an
additional 2 years,
then this section shall remain in effect for an
additional 2 years with respect to such zone.
(C) Extensions limited to 6 years.--Extensions
under this paragraph shall not exceed 6 years.
(g) Participation by State and Local Governments.--It is the sense
of the Congress that each State and local government having
jurisdiction over areas significantly and adversely affected by
unemployment, gang violence, riots, and looting should take immediate
steps to eliminate all taxes on qualified residents and qualified
businesses for the 5-year period described in subsection (f).
(h) Treatment of Carryovers During Period Taxes Suspended.--For
purposes of determining the application of any deduction, credit, or
capital loss carryover under the Internal Revenue Code of 1986, the
taxable income of the taxpayer on whom no tax is imposed by reason of
this section for any period shall be treated as zero for such period.
SEC. 4. HIRING INCENTIVES FOR BUSINESSES LOCATED IN TURBO ENTERPRISE
ZONE THAT ARE MANUFACTURING PRODUCTS OR PROVIDING
SERVICES OUTSIDE SUCH A ZONE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
thereof the following new section:
``SEC. 45. TURBO ENTERPRISE ZONE EMPLOYMENT CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of a
qualified productive business, the turbo enterprise zone employment
credit for any taxable year is an amount equal to the applicable
percentage of the qualified first-year wages for the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to the qualified first-year wages paid to an employee shall not
exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified productive business.--The term `qualified
productive business' means any qualified business that--
``(A) is engaged in the manufacture or production
of any tangible personal property in a turbo enterprise
zone for use outside such a zone, or
``(B) is providing services performed outside such
a zone by qualified residents.
``(2) Applicable percentage.--The term `applicable
percentage' means, with respect to any taxable year, the
percentage of the gross receipts of the taxpayer for such year
which is attributable to--
``(A) property manufactured or produced by the
taxpayer in a turbo enterprise zone and sold for use
outside such a zone, or
``(B) services performed outside such a zone by
qualified residents.
``(3) Qualified first-year wages.--The term `qualified
first-year wages' means wages (as defined in section 51(d))
paid by the taxpayer to a qualified resident that are
attributable to service by such resident during the 1-year
period beginning on the day such resident begins work for the
employer.
``(4) Qualified business; qualified resident.--The terms
`qualified business' and `qualified resident' have the
respective meanings given such terms by section 3 of the Turbo
Enterprise Zone Act.
``(5) Turbo enterprise zone.--The term `turbo enterprise
zone' has the meaning given such term by section 3 of the Turbo
Enterprise Zone Act.
``(d) Application of Section.--This section shall apply to
qualified residents of a turbo enterprise zone that are hired during
the period that no tax is imposed on the employer by reason of section
3 of the Turbo Enterprise Zone Act.''
(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 (6), by striking the period at the end of paragraph (7)
and inserting ``, plus'', and by adding at the end thereof the
following new paragraph:
``(8) in the case of a qualified productive business (as
defined in section 45), the turbo enterprise zone employment
credit under section 45(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 adding
at the end thereof the following new item:
``Sec. 45. Turbo enterprise zone
employment credit.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Turbo Enterprise Zone Act - Provides for the waiver of Federal income, employment, self-employment, and excise taxes and State, county, and local jurisdiction taxes on qualified residents and qualified businesses in turbo enterprise zones during a five-year period. Describes such zones as any area designated as being: (1) afflicted with especially high unemployment; (2) subject to severe economic blight as measured by per capita income and the number of persons below the Federal poverty level; and (3) nonproductive of material tax revenues to the city, county, State, or Federal governments. Requires designations to be approved by the Secretary of Housing and Urban Development. Provides for an extension of such period if necessary.
Suspends the treatment of any deduction, credit, or capital loss carryover during such period.
Allows a turbo enterprise zone employment credit equal to the applicable percentage of qualified first-year wages to a qualified productive business that: (1) is engaged in the manufacture or production of any tangible personal property in a turbo enterprise zone for use outside such a zone; or (2) is providing services performed outside such a zone by qualified residents. Limits such credit to $1,000 for the first-year wages paid to an employee. Makes such credit applicable to qualified residents of a turbo enterprise zone who are hired during the five-year period. Make such credit a part of the general business credit. | {"src": "billsum_train", "title": "Turbo Enterprise Zone Act"} | 2,469 | 294 | 0.541679 | 1.86597 | 0.802112 | 4.095745 | 8.14539 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Infant and Toddler Durable Product
Safety Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Unintentional injuries are the leading cause of death
among children, and for every such injury that is fatal,
approximately 18 children are hospitalized and 1,250 are
treated by emergency departments for such injuries that are
nonfatal.
(2) According to the Consumer Product Safety Commission, an
average of 50 children under the age of 5 die each year in
incidents associated with nursery products, and about 16 of
these deaths each year are associated with cribs.
(3) In 2003, an estimated 60,700 children under the age of
5 were treated in United States hospital emergency rooms for
injuries associated with nursery products, and there were
10,700 injuries to children under the age of 5 years associated
with strollers alone.
(4) Of the 397 recalls issued by the Consumer Product
Safety Commission in fiscal year 2005, 109 (or 28 percent) were
children's products. Children's products were recalled, on
average, over 2 times per week, and accounted for 19,635,627
individual units.
SEC. 3. PURPOSE.
The purpose of this Act is to prevent dangerous children's products
from getting to the market, by requiring independent testing of all
durable infant and toddler products before they enter commerce.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(2) Durable infant or toddler product.--The term ``durable
infant or toddler product''--
(A) means a durable product intended for use, or
that may be reasonably expected to be used, by children
under the age of 5 years; and
(B) includes--
(i) full-size cribs and nonfull-size cribs;
(ii) toddler beds;
(iii) car seats;
(iv) high chairs, booster chairs, and hook-
on chairs;
(v) bath seats;
(vi) gates and other enclosures for
confining a child;
(vii) play yards;
(viii) stationary activity centers;
(ix) child carriers;
(x) strollers;
(xi) walkers;
(xii) swings; and
(xiii) bassinets and cradles.
(3) Panel.--The term ``Panel'' means the Infant and Toddler
Product Review Panel established under section 7.
SEC. 5. CONSUMER PRODUCT SAFETY STANDARDS FOR DURABLE INFANT AND
TODDLER PRODUCTS.
(a) In General.--The Consumer Products Safety Commission shall,
without regard to sections 7(b)(1) and 9(f)(3)(D) of the Consumer
Product Safety Act (15 U.S.C. 2056(b)(1), 2058(f)(3)(D)), promulgate a
consumer product safety standard under section 7(a) of the Consumer
Product Safety Act (15 U.S.C. 2056(a)) for each durable infant or
toddler product.
(b) Schedule.--The Commission shall promulgate consumer product
safety standards under this section--
(1) for at least 7 durable infant or toddler products every
2 calendar years beginning after the date of the enactment of
this Act, through 2012; and
(2) for all durable infant or toddler products by not later
than December 31, 2012.
(c) Consultation With Panel.--The Commission shall promulgate any
consumer product safety standard under this section for a durable
infant or toddler product--
(1) in consultation with the Panel; and
(2) after considering the results of a review by such panel
of any existing guidelines for that product.
SEC. 6. DURABLE INFANT AND TODDLER PRODUCT COMPLIANCE CERTIFICATION.
(a) In General.--The Commission shall by rule--
(1) require that testing and certification required under
section 14 of the Consumer Product Safety Act (15 U.S.C. 2063)
for a durable infant or toddler product shall be performed by
an independent third party; and
(2) require the use, and prescribe the form and content, of
a label under section 14(c) for such products for which such a
certificate is issued, including a seal prescribed under
subsection (b).
(b) Consultation With Panel.--The Commission shall delegate to the
Panel the authority to prescribe a seal that shall be used, under the
labeling requirements under subsection (a)(2), for infant or toddler
products that are certified pursuant to section 14(a) of the Consumer
Product Safety Act (15 U.S.C. 2063(a)(2)) to comply with applicable
consumer product safety standards promulgated under this Act.
SEC. 7. INFANT AND TODDLER PRODUCT REVIEW PANEL.
(a) Establishment.--The Commission shall establish an Infant and
Toddler Product Review Panel to advise the Commission regarding the
implementation of this Act.
(b) Functions.--The Panel shall--
(1) review and report to the Commission regarding the
existing guidelines for durable infant or toddler products; and
(2) advise the Commission regarding the promulgation of
consumer product safety standards under this Act.
(c) Membership.--
(1) In general.--The Panel shall be comprised of--
(A) representatives of--
(i) the juvenile product manufacturers
industry;
(ii) consumer groups; and
(iii) independent child product engineers
and experts; and
(B) Consumer Product Safety Commission engineers.
(2) Limitation.--Representatives under paragraph (1)(A)(i)
shall not exceed 40 percent of the membership of the Panel.
SEC. 8. AMENDMENTS TO CONSUMER PRODUCT SAFETY ACT.
(a) Removal of Limitation on Maximum Civil Penalty.--Section 20(a)
of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended--
(1) in the second sentence by striking ``Subject to
paragraph (2),'' and inserting ``Subject to paragraphs (2) and
(3),''; and
(2) by adding at the end the following:
``(4) The second sentence of paragraph (1) shall not apply to any
violation with respect to a durable infant or toddler product.''.
(b) Requirements Regarding Disclosure of Information not
Applicable.--Section 6(b) of the Consumer Product Safety Act (15 U.S.C.
2055(b)) is amended by adding at the end the following:
``(9) This subsection shall not apply with respect to any durable
infant or toddler product.''.
(c) Definition of Durable Infant or Toddler Product.--Section 3(a)
of the Consumer Product Safety Act (15 U.S.C. 2052(a)) is amended by
adding at the end the following:
``(15) The term `durable infant or toddler product' has the
meaning that term has in the Infant and Toddler Product Safety
Act.''. | Infant and Toddler Durable Product Safety Act - Instructs the Consumer Product Safety Commission (CPSC) to: (1) promulgate a consumer product safety standard for durable infant or toddler products; and (2) establish an Infant and Toddler Product Review Panel to advise the CPSC on guidelines and standards for such products.
Amends the Consumer Product Safety Act to declare the limitation on maximum civil penalties inapplicable to this Act. | {"src": "billsum_train", "title": "To direct the Consumer Product Safety Commission to promulgate a consumer product safety standard for each durable infant or toddler product, and for other purposes."} | 1,544 | 92 | 0.487739 | 1.348224 | 0.699336 | 3.746835 | 17.189873 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stable Oil Supply Home Heating
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) more than 35 percent of families in the northeastern
United States depend on oil to heat their homes each winter,
and most of those families have no practical alternative to
paying the going price for home heating oil or seeking public
or private assistance to pay for home heating oil;
(2) consumers experienced sudden and dramatic increases in
prices for home heating oil during the winters of 1989, 1996,
and 1999, causing hardship to families and other people of the
United States, including people on fixed and low incomes,
people living in rural areas, the elderly, farmers, truckers
and the driving public, and governments that pay home heating
oil bills;
(3) a substantial part of each sudden increase in home
heating oil prices has been caused by vastly inadequate
supplies of home heating oil accumulated during the summer,
fall, and winter months by importers, refiners, and
wholesalers; and
(4) increased stability in home heating oil prices is
necessary to maintain the economic vitality of the Northeast.
(b) Purpose.--The purpose of this Act is to ensure that minimally
adequate stocks of home heating oil are accumulated in the Northeast to
meet reasonably foreseeable demand during each winter while protecting
consumers from sudden increases in the price of home heating oil.
SEC. 3. DEFINITIONS.
Section 152 of the Energy Policy and Conservation Act (42 U.S.C.
6232) is amended--
(1) by redesignating paragraphs (2), (3), (4), (5), (6),
(7), (8), (9), (10), and (11) as paragraphs (3), (4), (5), (8),
(9), (10), (11), (12), (13), and (14), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Home heating oil.--
``(A) In general.--The term `home heating oil'
means distillate fuel oil.
``(B) Inclusions.--The term `home heating oil'
includes No. 1 and No. 2 diesel and fuel oils.'';
(3) by inserting after paragraph (5) (as redesignated by
paragraph (1) of this section) the following:
``(6) Northeast.--The term `Northeast' means the States of
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, Pennsylvania, and New Jersey.
``(7) Primary heating oil inventory.--
``(A) In general.--The term `primary heating oil
inventory' means a heating oil inventory held by an
importer, refiner, or wholesaler.
``(B) Exclusion.--The term `primary heating oil
inventory' does not include any inventory held by a
retailer for the direct sale to an end user of home
heating oil.''; and
(4) by adding at the end the following:
``(15) Wholesaler.--The term `wholesaler' means any person
that--
``(A) owns, operates, leases, or otherwise controls
a bulk terminal having a total petroleum storage
capacity of 50,000 barrels or more;
``(B) stores heating oil; and
``(C)(i) resells petroleum products to retail
businesses that market the petroleum products to end
users; or
``(ii) receives petroleum products by tanker,
barge, or pipeline.
``(16) Winter season.--The term `winter season' means the
months of November through March.''.
SEC. 4. HOME HEATING OIL RESERVE FOR THE NORTHEAST.
(a) Amendment.--Part B of title I of the Energy Policy and
Conservation Act (15 U.S.C. 6231 et seq.) is amended by inserting after
section 157 the following:
``SEC. 157A. VOLUNTARY PLANS FOR HOME HEATING OIL RESERVE.
``(a) Development and Submission of Voluntary Plans.--Importers,
refiners, and wholesalers that hold primary heating oil inventories for
sale to markets in the Northeast, acting individually or in 1 or more
groups, shall, for the purposes of ensuring stability in energy fuel
markets and protecting consumers from dramatic swings in price--
``(1) develop voluntary plans, in consultation with
interested individuals from nonprofit organizations and the
public and private sectors, to maintain readily available
minimum product inventories of home heating oil for sale in the
Northeast, possibly in combination with the hedging of future
inventories, to mitigate the risk of severe price increases to
consumers and to reduce adverse impacts on the regional and
national economies; and
``(2) submit the voluntary plans to the Secretary not later
than 180 days after the date of enactment of this section.
``(b) Certification and Report.--
``(1) In general.--If the Secretary determines that a plan
submitted under subsection (a)--
``(A) is likely to achieve the purposes of the
Stable Oil Supply Home Heating Act, the Secretary shall
so certify, and the importer, refiner, or wholesaler
shall implement the plan; or
``(B) is not likely to achieve the purposes of the
Stable Oil Supply Home Heating Act, the Secretary shall
issue a statement explaining why the plan does not
appear likely to achieve those purposes.
``(2) Report.--Not later than 240 days after the date of
enactment of this section, the Secretary shall submit to
Congress a report describing the findings and reasons for a
certification or failure to certify each plan submitted under
subsection (a).
``(c) Defense to Antitrust Actions.--
``(1) In general.--There shall be available as a defense to
a civil or criminal action brought under the antitrust laws (or
any similar State law) with respect to an action taken by an
importer, refiner, or wholesaler the fact that--
``(A) the action is taken--
``(i) in the course of developing a
voluntary plan for submittal under subsection
(a); or
``(ii) in the course of carrying out the
voluntary plan, if the voluntary plan is
certified by the Secretary under subsection
(b)(1)(A), but only to the extent specified in
or within the reasonable contemplation of the
voluntary plan;
``(B) the action is not taken for the purpose of
injuring competition; and
``(C) the importer, refiner, or wholesaler is in
compliance with this section and section 157B.
``(2) Burden of proof.--A person asserting the defense
under paragraph (1) shall have the burden of proof, except that
the burden shall be on the person against which the defense is
asserted with respect to whether an action is taken for the
purpose of injuring competition.
``(d) Applicability.--The requirements of this section and section
157B shall not apply to an importer or refiner whose total petroleum
storage capacity is less than 50,000 barrels.
``(e) Report.--Not later than 1 year after the date of enactment of
this section, and annually thereafter, the Secretary shall submit to
Congress a report describing the results of the implementation of all
voluntary plans certified under this section, including specific
compliance by importers, refiners, and wholesalers that serve the
Northeast market with respect to the adequacy of the home heating oil
supply.
``SEC. 157B. HOME HEATING OIL RESERVE FOR THE NORTHEAST.
``(a) Establishment of Private Home Heating Oil Reserves.--If,
after the expiration of 240 days after the date of enactment of this
section, a certified plan described in section 157A has not been
implemented in accordance with that section for an importer, refiner,
or wholesaler that stores heating oil for sale in the Northeast, not
later than 300 days after the date of enactment of this section, the
Secretary shall issue an order requiring the establishment of a private
home heating oil reserve for the Northeast in accordance with this
section.
``(b) Inventory.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall periodically monitor supply levels as necessary
to ensure that each importer, refiner, and wholesaler of
heating oil for sale in the Northeast shall have in inventory
and readily available to retailers or consumers in the
Northeast a quantity of home heating oil that the Secretary
determines is equal to the quantity that each importer,
refiner, or wholesaler may reasonably be expected to require to
supply the needs of its customers during the present or
following winter season without subjecting consumers to sudden
price increases that are due in part to inadequate buildup of
heating oil inventories.
``(2) Increased inventory.--If the Secretary determines
under paragraph (1) that an inventory of home heating oil is
insufficient, the Secretary shall direct an importer, refiner,
or wholesaler to acquire, store, and maintain in readily
available inventories any quantity of home heating oil that the
Secretary determines to be necessary to supply home heating oil
needs in the Northeast without subjecting consumers to sudden
price increases that are due in part to inadequate buildup of
heating oil inventories.
``(3) Limitation.--The Secretary shall not require any
importer, refiner, or wholesaler to store any product under
this subsection in a quantity greater than 95 percent of the
average storage capacity for heating oil reasonably available
to the importer, refiner, or wholesaler during the preceding 2
years.
``(4) Regulations.--As soon as practicable after the date
of enactment of this section, the Secretary shall promulgate
regulations necessary to carry out this section, including
regulations that--
``(A) establish civil penalties to enforce this
section; and
``(B) provide that the Secretary shall cooperate
with State energy authorities in carrying out this
section.
``(c) Excess Inventory.--At the end of each winter season, the
Administrator of the Environmental Protection Agency shall take
appropriate and reasonable action to enable importers, refiners, and
wholesalers of home heating oil to sell any remaining excess
inventories of home heating oil that the importers, refiners, and
wholesalers may have.
``(d) Implementation.--In implementing this section, the Secretary
shall ensure, to the maximum extent practicable, that the manner of
implementation supports the maintenance of an economically sound and
competitive petroleum industry.
``(e) Report.--Not later than 22 months after the date of enactment
of this section, the Secretary shall submit to Congress a report
describing the results of the implementation of this section and
section 157A, including specific compliance by importers, refiners, and
wholesalers subject to the requirements of this section and section
157A with respect to home heating oil supply buildup.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy and Conservation Act is amended by inserting after the
item relating to section 157 the following items:
``Sec. 157A. Voluntary plans for home heating oil reserve.
``Sec. 157B. Home heating oil reserve for the Northeast.''. | Directs the Secretary to: (1) issue an order requiring the establishment of a private home heating oil reserve for the Northeast if a certified plan has not been implemented within a specified time frame for an importer, refiner, or wholesaler that stores heating oil for sale in the Northeast; (2) periodically monitor supply levels to ensure that home heating oil inventories in the Northeast are adequate to supply customer needs during the present or following winter season so as to obviate sudden price increases caused by inadequate inventories; (3) require an importer, refiner, or wholesaler to increase its inventory if the Secretary determines that inventories are insufficient; and (4) establish civil penalties and cooperate with State energy authorities in carrying out this Act.
Instructs the Administrator of the Environmental Protection Agency to take action to enable importers, refiners, or wholesalers to sell their remaining excess inventories at the end of each winter season. | {"src": "billsum_train", "title": "Stable Oil Supply Home Heating Act"} | 2,496 | 197 | 0.544837 | 1.673637 | 0.677297 | 4.068966 | 13.229885 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limestone Hills Training Area
Withdrawal Act''.
SEC. 2. WITHDRAWAL AND RESERVATION OF PUBLIC LANDS FOR LIMESTONE HILLS
TRAINING AREA, MONTANA.
(a) Withdrawal.--Subject to valid existing rights and except as
provided in this Act, the public lands and interests in lands described
in subsection (c), and all other areas within the boundaries of such
lands as depicted on the map provided for by subsection (d) that may
become subject to the operation of the public land laws, are hereby
withdrawn from all forms of appropriation under the public land laws,
including the mining laws and the mineral leasing and geothermal
leasing laws.
(b) Reservation; Purpose.--Subject to the limitations and
restrictions contained in section 4, the public lands withdrawn by
subsection (a) are reserved for use by the Secretary of the Army for
the following purposes:
(1) The conduct of training for active and reserve
components of the Armed Forces.
(2) The construction, operation, and maintenance of
organizational support and maintenance facilities for component
units conducting training.
(3) The conduct of training by the Montana Department of
Military Affairs, except that any such use may not interfere
with purposes specified in paragraphs (1) and (2).
(4) The conduct of training by State and local law
enforcement agencies, civil defense organizations, and public
education institutions, except that any such use may not
interfere with military training activities.
(5) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs.
(c) Land Description.--The public lands and interests in lands
withdrawn and reserved by this section comprise approximately 18,644
acres in Broadwater County, Montana, as generally depicted as
``Proposed Land Withdrawal'' on the map titled ``Limestone Hills
Training Area Land Withdrawal'', dated April 10, 2013.
(d) Legal Description and Map.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary of the Interior shall
publish in the Federal Register a legal description of the
public land withdrawn under subsection (a) and a copy of a map
depicting the legal description of the withdrawn land.
(2) Force of law.--The legal description and map published
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of the Interior
may correct errors in the legal description.
(3) Reimbursement of costs.--The Secretary of the Army
shall reimburse the Secretary of the Interior for any costs
incurred by the Secretary of the Interior in implementing this
subsection.
(e) Indian Tribes.--Nothing in this Act shall be construed as
altering any rights reserved for an Indian tribe for tribal use of
lands within the military land withdrawal by treaty or Federal law. The
Secretary of the Army shall consult with any Indian tribes in the
vicinity of the military land withdrawal before taking action within
the military land withdrawal affecting tribal rights or cultural
resources protected by treaty or Federal law.
SEC. 3. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
During the period of the withdrawal and reservation specified in
section 6, the Secretary of the Army shall manage the public lands
withdrawn by section 2 for the purposes specified in subsection (b) of
such section, subject to the limitations and restrictions contained in
section 4.
SEC. 4. SPECIAL RULES GOVERNING MINERALS MANAGEMENT.
(a) Indian Creek Mine.--
(1) In general.--Of the lands withdrawn by section 2,
locatable mineral activities in the approved Indian Creek Mine
plan of operations, MTM-78300, shall be regulated pursuant to
subparts 3715 and 3809 of title 43, Code of Federal
Regulations. Of the lands withdrawn by section 2, the land area
subject to the approved plan of operations shall permanently
remain open to the amendment or relocation of mining claims (or
both) under the Act of May 10, 1872 (commonly known as the
General Mining Act of 1872; 30 U.S.C. 22 et seq.) to the extent
necessary to preserve the mining operations described in the
approved plan of operations.
(2) Restrictions on secretary of the army.--The Secretary
of the Army shall make no determination that the disposition of
or exploration for minerals as provided for in the approved
plan of operations is inconsistent with the defense-related
uses of the lands covered by the military land withdrawal. The
coordination of such disposition of and exploration for
minerals with defense-related uses of such lands shall be
determined pursuant to procedures in an agreement provided for
under subsection (c).
(b) Removal of Unexploded Ordnance on Lands To Be Mined.--
(1) Removal activities.--Subject to the availability of
funds appropriated for such purpose, the Secretary of the Army
shall remove unexploded ordnance on lands withdrawn by section
2 that are subject to mining under subsection (a), consistent
with applicable Federal and State law. The Secretary of the
Army may engage in such removal of unexploded ordnance in
phases to accommodate the development of the Indian Creek Mine
pursuant to subsection (a).
(2) Report on removal activities.--The Secretary of the
Army shall annually submit to the Secretary of the Interior a
report regarding the unexploded ordnance removal activities for
the previous fiscal year performed pursuant to this subsection.
The report shall include--
(A) the amounts of funding expended for unexploded
ordnance removal on the lands withdrawn by section 2;
and
(B) the identification of the lands cleared of
unexploded ordnance and approved for mining activities
by the Secretary of the Interior.
(c) Implementation Agreement for Mining Activities.--The Secretary
of the Interior and the Secretary of the Army shall enter into an
agreement to implement this section with regard to coordination of
defense-related uses and mining and the ongoing removal of unexploded
ordnance. The duration of the agreement shall be the same as the period
of the withdrawal under section 2, but may be amended from time to
time. The agreement shall provide the following:
(1) That Graymont Western US, Inc., or any successor or
assign of the approved Indian Creek Mine mining plan of
operations, MTM-78300, is invited to be a party to the
agreement.
(2) Provisions regarding the day-to-day joint-use of the
Limestone Hills Training Area.
(3) Provisions addressing when military and other
authorized uses of the withdrawn lands will occur.
(4) Provisions regarding when and where military use or
training with explosive material will occur.
(5) Provisions regarding the scheduling of training
activities conducted within the withdrawn area that restrict
mining activities and procedures for deconfliction with mining
operations, including parameters for notification and sanction
of anticipated changes to the schedule.
(6) Provisions regarding liability and compensation for
damages or injury caused by mining or military training
activities.
(7) Provisions for periodic review of the agreement for its
adequacy, effectiveness, and need for revision.
(8) Procedures for access through mining operations covered
by this section to training areas within the boundaries of the
Limestone Hills Training Area.
(9) Procedures for scheduling of the removal of unexploded
ordnance.
(d) Existing Memorandum of Agreement.--Until such time as the
agreement required under subsection (c) becomes effective, the
compatible joint use of the lands withdrawn and reserved by section 2
shall be governed, to the extent compatible, by the terms of the 2005
Memorandum of Agreement among the Montana Army National Guard, Graymont
Western US Inc. and the Bureau of Land Management.
SEC. 5. GRAZING.
(a) Issuance and Administration of Permits and Leases.--The
issuance and administration of grazing permits and leases, including
their renewal, on the public lands withdrawn by section 2 shall be
managed by the Secretary of the Interior consistent with all applicable
laws, regulations, and policies of the Secretary of the Interior
relating to such permits and leases.
(b) Safety Requirements.--With respect to any grazing permit or
lease issued after the date of the enactment of this Act for lands
withdrawn by section 2, the Secretary of the Interior and the Secretary
of the Army shall jointly establish procedures that are consistent with
Department of the Army explosive and range safety standards and that
provide for the safe use of any such lands.
(c) Assignment.--The Secretary of the Interior may, with the
agreement of the Secretary of the Army, assign the authority to issue
and to administer grazing permits and leases to the Secretary of the
Army, except that such an assignment may not include the authority to
discontinue grazing on the lands withdrawn by section 2.
SEC. 6. DURATION OF WITHDRAWAL AND RESERVATION.
The military land withdrawal made by section 2 shall terminate on
March 31, 2039.
SEC. 7. PAYMENTS IN LIEU OF TAXES.
The lands withdrawn by section 2 shall remain eligible as
entitlement land under 31 U.S.C. 6901.
SEC. 8. HUNTING, FISHING AND TRAPPING.
All hunting, fishing and trapping on the lands withdrawn by section
2 shall be conducted in accordance with the provisions of 10 U.S.C.
2671.
SEC. 9. WATER RIGHTS.
(a) Water Rights.--Nothing in this Act shall be construed--
(1) to establish a reservation in favor of the United
States with respect to any water or water right on lands
withdrawn by section 2; or
(2) to authorize the appropriation of water on lands
withdrawn by section 2 except in accordance with applicable
State law.
(b) Effect on Previously Acquired or Reserved Water Rights.--This
section shall not be construed to affect any water rights acquired or
reserved by the United States before the date of the enactment of this
Act.
SEC. 10. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.
(a) Required Activities.--The Secretary of the Army shall,
consistent with any applicable land management plan, take necessary
precautions to prevent, and actions to suppress, brush and range fires
occurring as a result of military activities on the lands withdrawn and
reserved by section 2, including fires outside those lands that spread
from the withdrawn land and which occurred as a result of such
activities.
(b) Cooperation of Secretary of the Interior.--At the request of
the Secretary of the Army, the Secretary of the Interior shall provide
assistance in the suppression of such fires and shall be reimbursed for
such assistance by the Secretary of the Army. Notwithstanding 10 U.S.C.
2215, the Secretary of the Army may transfer to the Secretary of the
Interior, in advance, funds to reimburse the costs of the Department of
the Interior in providing such assistance.
SEC. 11. ON-GOING DECONTAMINATION.
During the withdrawal and reservation authorized by section 2, the
Secretary of the Army shall maintain, to the extent funds are available
for such purpose, a program of decontamination of contamination caused
by defense-related uses on such lands consistent with applicable
Federal and State law. The Secretary of Defense shall include a
description of such decontamination activities in the annual report
required by section 10 U.S.C. 2711.
SEC. 12. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION.
(a) Notice.--To the extent practicable, no later than five years
before the termination of the withdrawal and reservation made by
section 2, the Secretary of the Army shall notify the Secretary of the
Interior whether the Secretary of the Army will have a continuing
defense-related need for any of the lands withdrawn and reserved by
section 2 after the termination date of such withdrawal and
reservation. The Secretary of the Army shall provide a copy of the
notice to the Committee on Armed Services and the Committee on Energy
and Natural Resources of the Senate and the Committee on Armed Services
and the Committee on Natural Resources of the House of Representatives.
(b) Filing for Extension.--If the Secretary of the Army concludes
that there will be a continuing defense-related need for any of the
withdrawn and reserved lands after the termination date, the Secretary
of the Army shall file an application for extension of the withdrawal
and reservation of such needed lands in accordance with the regulations
and procedures of the Department of the Interior applicable to the
extension of withdrawals and reservations.
SEC. 13. LIMITATION ON SUBSEQUENT AVAILABILITY OF LANDS FOR
APPROPRIATION.
At the time of termination of a withdrawal and reservation made by
section 2, the previously withdrawn lands shall not be open to any form
of appropriation under the public land laws, including the mining laws
and the mineral leasing and geothermal leasing laws, until the
Secretary of the Interior publishes in the Federal Register an
appropriate order specifying the date upon which such lands shall be
restored to the public domain and opened for such purposes.
SEC. 14. RELINQUISHMENT.
(a) Notice of Intention to Relinquish.--If, during the period of
withdrawal and reservation under section 2, the Secretary of the Army
decides to relinquish any or all of the lands withdrawn and reserved,
the Secretary of the Army shall file a notice of intention to
relinquish with the Secretary of the Interior.
(b) Determination of Contamination.--As a part of the notice under
subsection (a), the Secretary of the Army shall include a written
determination concerning whether and to what extent the lands that are
to be relinquished are contaminated with explosive materials or toxic
or hazardous substances.
(c) Public Notice.--The Secretary of the Interior shall publish in
the Federal Register the notice of intention to relinquish, including
the determination concerning the contaminated state of the lands.
(d) Decontamination of Lands to Be Relinquished.--
(1) If land subject of a notice of intention to relinquish
pursuant to subsection (a) is contaminated, and the Secretary
of the Interior, in consultation with the Secretary of the
Army, determines that decontamination is practicable and
economically feasible (taking into consideration the potential
future use and value of the land) and that, upon
decontamination, the land could be opened to operation of some
or all of the public land laws, including the mining laws and
the mineral leasing and geothermal leasing laws, the Secretary
of the Army shall decontaminate the land to the extent that
funds are appropriated for such purpose.
(2) If the Secretary of the Interior, after consultation
with the Secretary of the Army, concludes that decontamination
of land subject of a notice of intention to relinquish pursuant
to subsection (a) is not practicable or economically feasible,
or that the land cannot be decontaminated sufficiently to be
opened to operation of some or all of the public land laws, or
if Congress does not appropriate sufficient funds for the
decontamination of such land, the Secretary of the Interior
shall not be required to accept the land proposed for
relinquishment.
(3) If the Secretary of the Interior declines to accept the
lands that have been proposed for relinquishment because of
their contaminated state, or if at the expiration of the
withdrawal and reservation made by section 2 the Secretary of
the Interior determines that some of the lands withdrawn and
reserved are contaminated to an extent which prevents opening
such contaminated lands to operation of the public land laws--
(A) the Secretary of the Army shall take
appropriate steps to warn the public of the
contaminated state of such lands and any risks
associated with entry onto such lands;
(B) after the expiration of the withdrawal and
reservation, the Secretary of the Army shall undertake
no activities on such lands except in connection with
decontamination of such lands; and
(C) the Secretary of the Army shall report to the
Secretary of the Interior and to the Congress
concerning the status of such lands and all actions
taken in furtherance of this paragraph.
(e) Revocation Authority.--Upon deciding that it is in the public
interest to accept the lands proposed for relinquishment pursuant to
subsection (a), the Secretary of the Interior may order the revocation
of the withdrawal and reservation made by section 2 as it applies to
such lands. The Secretary of the Interior shall publish in the Federal
Register the revocation order, which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of the lands by the
Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public land laws, including
the mining laws.
(f) Acceptance by Secretary of the Interior.--Nothing in this
section shall be construed to require the Secretary of the Interior to
accept the lands proposed for relinquishment if the Secretary
determines that such lands are not suitable for return to the public
domain. If the Secretary makes such a determination, the Secretary
shall provide notice of the determination to Congress. | Limestone Hills Training Area Withdrawal Act - (Sec. 2) Withdraws from all forms of appropriation under public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, 18,644 acres of public lands and interests in Broadwater County, Montana, identified on the map titled the "Limestone Hills Training Area Land Withdrawal." Reserves the withdrawn lands for use for: (1) training for active and reserve components of the Armed Forces; (2) construction and operation of support and maintenance facilities for such components; (3) training by the Montana Department of Military Affairs; (4) training by state and local law enforcement agencies, civil defense organizations, and public education institutions; and (5) other defense-related purposes. Prohibits anything in this Act from being construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal area by treaty or federal law. Requires the Secretary of the Army (the Secretary) to consult with any Indian tribes in the vicinity of the withdrawal area before taking action affecting tribal rights or cultural resources protected by treaty or federal law. (Sec. 4) Sets forth special rules regarding: (1) mining the Indian Creek Mine and the removal of unexploded ordnance, and (2) grazing permits and leases on withdrawn lands. Directs the Secretary and the Secretary of the Interior to enter into a specified agreement regarding coordination of defense-related uses and mining and the on-going removal of unexploded ordnance. (Sec.6) Terminates the military land withdrawal and reservation on March 31, 2039. (Sec. 7) Declares the withdrawn lands to remain eligible as entitlement land for purposes of the Payments in Lieu of Taxes (PILT) Program. (Sec. 8) Permits hunting, fishing, and trapping on the withdrawn lands. (Sec. 9) Declares that nothing in this Act shall be construed to: (1) establish a reservation in favor of the United States with respect to any water or water right on withdrawn lands, or (2) authorize the appropriation of water on such lands except in accordance with applicable state law. (Sec. 10) Requires the Secretary to take necessary precautions to prevent and suppress brush and range fires resulting from military activities on the withdrawn and reserved lands. Requires the Secretary of the Interior, at the Secretary's request, to assist in the suppression of such fires, and be reimbursed by the Secretary. (Sec. 11) Directs the Secretary to maintain a program of decontamination of contamination caused by defense-related uses on the withdrawn and reserved lands. (Sec. 12) Prescribes a procedure for application for renewal of a withdrawal and reservation. (Sec. 13) Declares that, upon termination of a withdrawal and reservation under this Act, the previously withdrawn lands shall not be open to any form of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes an appropriate order specifying when such lands shall be restored to the public domain and opened for such purposes. (Sec. 14) Prescribes a procedure, during the period of withdrawal and reservation, for relinquishment to the Secretary of the Interior of any or all of the lands withdrawn and reserved, if the Secretary decides to relinquish them. Requires the Secretary to decontaminate any contaminated land if practicable and economically feasible. Absolves the Secretary of the Interior of any obligation to accept: (1) contaminated lands if their decontamination is not practicable and economically feasible, or (2) any lands determined not suitable for return to the public domain. | {"src": "billsum_train", "title": "Limestone Hills Training Area Withdrawal Act"} | 3,737 | 857 | 0.732205 | 2.659232 | 0.733577 | 4.432011 | 4.82153 | 0.936261 |
SECTION 1. AMENDMENT.
Section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-10) is
amended by striking subsections (d) and (e) and inserting the
following:
``(d)(1)(A) The aggregate annual deliveries of uranium in any form
(including natural uranium concentrates, natural uranium hexafluoride,
enriched uranium, and depleted uranium) sold or transferred by the
United States Government shall not exceed 3,000,000 pounds
U<INF>3</INF>O<INF>8</INF> equivalent per year through calendar year
2009. Such aggregate annual deliveries shall not exceed 5,000,000
pounds U<INF>3</INF>O<INF>8</INF> equivalent per year in calendar years
2010 and 2011. Such aggregate annual deliveries shall not exceed
7,000,000 pounds U<INF>3</INF>O<INF>8</INF> equivalent in calendar year
2012. Such aggregate annual deliveries shall not exceed 10,000,000
pounds U<INF>3</INF>O<INF>8</INF> equivalent per year in calendar year
2013 and each year thereafter. Any sales or transfers by the United
States Government shall be limited to long-term contracts with end
users of no less than 3 years duration.
``(B) Sales or transfers of uranium by the United States Government
for the following purposes are exempt from the provisions of this
subsection:
``(i) Sales or transfers provided for under existing law
for use by the Tennessee Valley Authority in relation to the
Department of Energy's high-enriched uranium or tritium
programs.
``(ii) Sales or transfers to the Department of Energy
research reactor sales program.
``(iii) The transfer of any natural uranium to the United
States Enrichment Corporation to replace contaminated uranium
received from the Department of Energy when the United States
Enrichment Corporation was privatized in July 1998.
``(iv) The sale or transfer of any natural uranium for
emergency purposes in the event of a disruption in supply to
end users in the United States.
``(v) The sale or transfer of any natural uranium in
fulfillment of the United States Government's obligations to
provide security of supply with respect to implementation of
the Russian HEU Agreement.
``(vi) The sale or transfer of any enriched uranium for use
in a Pebble Bed Modular Reactor, a Gas Turbine Modular Helium
Reactor, a High Temperature Gas Reactor, or any other advanced
commercial nuclear power plant in the United States with
nonstandard fuel requirements.
``(C) The Secretary may transfer or sell enriched uranium to any
person for national security purposes, as determined by the Secretary.
``(2) Except as provided in subsections (b) and (c), and in
paragraph (1)(B) and (C) of this subsection, no sale or transfer of
uranium in any form shall be made by the United States Government
unless--
``(A) the President determines that the material is not
necessary for national security needs;
``(B) the price paid to the Secretary will not be less than
the fair market value of the material, as determined at the
time that such material is contracted for sale;
``(C) prior to any sale or transfer, the Secretary solicits
the written views of the Department of State and the National
Security Council with regard to whether such sale or transfer
would have any adverse effect on national security interests of
the United States, including interests related to the
implementation of the Russian HEU Agreement; and
``(D) neither the Department of State or the National
Security Council objects to such sale or transfer.
The Secretary shall endeavor to determine whether a sale or transfer is
permitted under this paragraph within 30 days. The Secretary's
determinations pursuant to this paragraph shall be made available to
interested members of the public prior to authorizing any such sale or
transfer.
``(3) Within 1 year after the date of enactment of this subsection
and annually thereafter the Secretary shall undertake an assessment for
the purpose of reviewing available excess Government uranium
inventories, and determining, consistent with the procedures and
limitations established in this subsection, the level of inventory to
be sold or transferred to end users.
``(4) Within 5 years after the date of enactment of this subsection
and biennially thereafter the Secretary shall report to the Congress on
the implementation of this subsection. The report shall include a
discussion of all sales or transfers made by the United States
Government, the impact of such sales or transfers on the domestic
uranium industry, the spot market uranium price, and the national
security interests of the United States, and any steps taken to
remediate any adverse impacts of such sales or transfers.
``(5) For purposes of this subsection, the term `United States
Government' does not include the Tennessee Valley Authority.''. | Amends the USEC Privatization Act to repeal Federal guidelines governing inventory sales of natural and low-enriched uranium and Federal transfers of enriched uranium.Establishes rising limits of aggregate annual deliveries of uranium in any form (including natural uranium concentrates, natural uranium hexafluoride, enriched uranium, and depleted uranium) that are sold or transferred by the U.S. Government from three million pounds U308 equivalent per year through calendar 2009 to ten million pounds U308 equivalent per year through calendar 2013 and thereafter. Exempts specified kinds of sales or transfers from these limits.States that any uranium sales or transfers by the U.S. Government (excluding the Tennessee Valley Authority) shall be limited to long-term contracts with end users of no less than three years duration.Requires the Secretary of Energy to review annually the available excess Government uranium inventories and determine the level of inventory to be sold or transferred to end users. | {"src": "billsum_train", "title": "To provide for the disposition of United States Government uranium inventories."} | 1,184 | 234 | 0.609499 | 1.948307 | 0.720588 | 3.96988 | 5.73494 | 0.837349 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Democracy 2000
Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Among the major problems of the District of Columbia
government has been the failure to clearly delineate
accountability.
(2) The statute establishing the District of Columbia
Financial Responsibility and Management Assistance Authority
proved necessary to enable the District to regain financial
stability and management control.
(3) The District has performed significantly better than
the Congress had anticipated at the time of the passage of the
Authority statute.
(4) The necessity for a financial authority has resulted in
a diffusion of responsibility between the Mayor, the Council,
and the Authority pending the time when the District government
would assume the home rule status quo ante.
(5) This lack of clear lines of reporting authority, in
turn, has led to some redundancy and confusion about
accountability and authority.
(6) The Authority statute requires the Authority to
``ensure the most efficient and effective delivery of services,
including public safety services, by the District government''
and to ``assist the District government in * * * ensuring the
appropriate and efficient delivery of services''.
(7) With the coming of a new administration led by Mayor
Anthony Williams, the Authority has taken the first step to
ensure the accountability that will be necessary at the
expiration of the control period by delegating day-to-day
operations over city agencies previously under control of the
Authority to the Mayor.
(8) The Congress agrees that the best way to ensure clear
and unambiguous authority and full accountability is for the
Mayor to have full authority over city agencies so that
citizens, the Authority, and the Congress can ascertain
responsibility.
(9) The transition of authority to the new administration
will take nothing from the Authority's power to intervene
during a control period.
(10) The congressional intent embodied in the Authority
statute contemplates full home rule by the District government
when it attains the necessary stability.
(11) Congress assumed that it would take 4 years of
balanced budgets to achieve the requisite stability.
(12) The District has exceeded congressional expectations
by submitting 3 years of balanced budgets plus surpluses.
(13) The Authority is an emergency body that should not be
held past the existence of the emergency at a cost to
democratic self-government.
(14) To take account of conditions that improved beyond
expectations, full self-government should return to the
District one year ahead of time, in the year 2000.
SEC. 3. RESTORATION OF MANAGEMENT AND PERSONNEL AUTHORITY OF MAYOR OF
THE DISTRICT OF COLUMBIA.
(a) In General.--Subtitle B of title XI of the Balanced Budget Act
of 1997 (DC Code, sec. 47-395.1 et seq.) is repealed.
(b) Conforming Amendment.--Section 1604(f)(2)(B) of the Taxpayer
Relief Act of 1997 (Public Law 105-34; 111 Stat. 1099) is repealed.
SEC. 4. SUSPENSION OF ACTIVITIES OF DISTRICT OF COLUMBIA FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE AUTHORITY.
(a) In General.--Section 209(b)(1)(B) of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995 (DC
Code, sec. 47-392.9(b)(1)(B)) is amended by striking ``4'' and
inserting ``3''.
(b) Conforming Amendments.--(1) Section 107 of such Act (DC Code,
sec. 47-391.7) is amended--
(A) in subsection (a)(1), by inserting ``or any other Act''
after ``this Act''; and
(B) in subsection (b), by striking ``this Act,'' and
inserting ``this Act or any other Act,''.
(2) Section 456 of the District of Columbia Home Rule Act is
amended--
(A) in subsection (a)(1) (DC Code, sec. 47-231(a)), by
striking ``the District of Columbia Financial Responsibility
and Management Assistance Authority'' and inserting the
following: ``the Mayor (or, in the case of a fiscal year which
is a control year under the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, the
District of Columbia Financial Responsibility and Management
Assistance Authority)''; and
(B) in subsection (b)(1) (DC Code, sec. 47-232(a)), by
striking ``the Authority'' and inserting the following: ``the
Mayor or the District of Columbia Financial Responsibility and
Management Assistance Authority (as the case may be)''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the District of Columbia
Financial Responsibility and Management Assistance Act of 1995. | District of Columbia Democracy 2000 Act - Amends the District of Columbia Code, as amended by the Balanced Budget Act of 1997 and the Taxpayer Relief Act of 1997, to repeal the mandate and authority of the District of Columbia Financial Responsibility and Management Assistance Authority to develop and implement management reform plans. (Thus restores the management and personnel authority of the Mayor of the District of Columbia.)
Amends the District of Columbia Code, as amended by the District of Columbia Financial Responsibility and Management Assistance Act of 1995 and the District of Columbia Home Rule Act, to reduce by one consecutive fiscal year the Authority's control period (thus suspending the Authority's control activities after April 15, 1998). | {"src": "billsum_train", "title": "District of Columbia Democracy 2000 Act"} | 1,094 | 145 | 0.489915 | 1.366841 | 0.566513 | 3.022556 | 7.443609 | 0.87218 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Protection from Genetic
Discrimination Act of 2006''.
SEC. 2. NO DISCRIMINATION BY GROUP HEALTH PLANS BASED ON GENETIC
INFORMATION.
(a) No Discrimination in Group Premiums.--A group health plan
sponsored by a covered entity, or a health insurance issuer offering
group health insurance coverage in connection with a group health plan
sponsored by a covered entity, shall not adjust premium or contribution
amounts for a group on the basis of genetic information concerning an
individual in the group or a family member of the individual (including
information about a request for or receipt of genetic services by an
individual or family member of such individual).
(b) Limitation on Requesting or Requiring Genetic Testing.--
(1) In general.--A group health plan sponsored by a covered
entity, or a health insurance issuer offering health insurance
coverage in connection with a group health plan sponsored by a
covered entity, shall not request or require an individual or a
family member of such individual to undergo a genetic test.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to--
(A) limit the authority of a health care
professional who is providing health care services with
respect to an individual to request that such
individual or a family member of such individual
undergo a genetic test;
(B) limit the authority of a health care
professional who is employed by or affiliated with a
group health plan or a health insurance issuer and who
is providing health care services to an individual as
part of a bona fide wellness program to notify such
individual of the availability of a genetic test or to
provide information to such individual regarding such
genetic test; or
(C) authorize or permit a health care professional
to require that an individual undergo a genetic test.
SEC. 3. LIMITATION ON USE OF GENERIC INFORMATION IN EMPLOYMENT.
(a) Use of Genetic Information.--It shall be an unlawful employment
practice for any covered entity--
(1) to fail or refuse to hire or to discharge any employee,
or otherwise to discriminate against any employee with respect
to the compensation, terms, conditions, or privileges of
employment of the employee, because of genetic information with
respect to the employee (or information about a request for or
the receipt of genetic services by such employee or family
member of such employee); or
(2) to limit, segregate, or classify the employees of the
covered entity in any way that would deprive or tend to deprive
any employee of employment opportunities or otherwise adversely
affect the status of the employee as an employee, because of
genetic information with respect to the employee (or
information about a request for or the receipt of genetic
services by such employee or family member of such employee).
(b) Acquisition of Genetic Information.--It shall be an unlawful
employment practice for a covered entry to request, require, or
purchase genetic information with respect to an employee or a family
member of the employee (or information about a request for the receipt
of genetic services by such employee or a family member of such
employee) except--
(1) where a covered entity inadvertently requests or
requires family medical history of the employee or family
member of the employee;
(2) where--
(A) health or genetic services are offered by the
covered entity, including such services offered as part
of a bona fide wellness program;
(B) the employee provides prior, knowing,
voluntary, and written authorization;
(C) only the employee (or family member if the
family member is receiving genetic services) and the
licensed health care professional or board certified
genetic counselor involved in providing such services
receive individually identifiable information
concerning the results of such services; and
(D) any individually identifiable genetic
information provided under subparagraph (C) in
connection with the services provided under
subparagraph (A) is only available for purposes of such
services and shall not be disclosed to the covered
entity except in aggregate terms that do not disclose
the identity of specific employees;
(3) where an covered entity requests or requires family
medical history from the employee to comply with the
certification provisions of section 103 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2613) or such requirements
under State family and medical leave laws;
(4) where an covered entity purchases documents that are
commercially and publicly available (including newspapers,
magazines, periodicals, and books, but not including medical
databases or court records) that include family medical
history; or
(5) where the information involved is to be used for
genetic monitoring of the biological effects of toxic
substances in the workplace, but only if--
(A) the covered entity provides written notice of
the genetic monitoring to the employee;
(B)(i) the employee provides prior, knowing,
voluntary, and written authorization; or
(ii) the genetic monitoring is required by Federal
or State law;
(C) the employee is informed of individual
monitoring results;
(D) the monitoring is in compliance with--
(i) any Federal genetic monitoring
regulations, including any such regulations
that may be promulgated by the Secretary of
Labor pursuant to the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.), the
Federal Mine Safety and Health Act of 1977 (30
U.S.C. 801 et seq.), or the Atomic Energy Act
of 1954 (42 U.S.C. 2011 et seq.); or
(ii) State genetic monitoring regulations,
in the case of a State that is implementing
genetic monitoring regulations under the
authority of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.); and
(E) the covered entity, excluding any licensed
health care professional or board certified genetic
counselor that is involved in the genetic monitoring
program, receives the results of the monitoring only in
aggregate terms that do not disclose the identity of
specific employees.
(c) Preservation of Protections.--In the case of information to
which any of paragraphs (1) through (5) of subsection (b) applies, such
information may not be used in violation of subsection (a) or section
2.
SEC. 4. RELIEF.
(a) Cause of Action.--Any employee or family member of an employee
of a covered entity who has been adversely effected by a covered
entity's violation of section 2 or 3 shall have a cause of action in
Federal court for both compensatory and punitive damages.
(b) Limitation on Punitive Damages.--In such a case, punitive
damages shall not exceed be 30 percent of compensatory damages.
SEC. 5. DEFINITIONS.
(a) Covered Entity.--In this Act, the term ``covered entity''
refers to any agency or part of the Federal Government, any State or
local entity that receives Federal funds, or a Federal contractor.
(b) Family Member.--In this Act, the term ``family member'' means
with respect to an individual--
(1) the spouse of the individual;
(2) a dependent child of the individual, including a child
who is born to or placed for adoption with the individual; and
(3) all other individuals related by blood to the
individual or the spouse or child described in paragraph (1) or
(2).
(c) Genetic Information.--
(1) In general.--In this Act the term ``genetic
information'' means, with respect to an individual,
information--
(A) about an individual's genetic tests;
(B) about the genetic tests of family members of
the individual; or
(C) about the occurrence of a disease or disorder
in family members of the individual.
(2) Exclusions.--Such term does not include information
about the sex or age of an individual.
(d) Genetic Test.--
(1) In general.--In this Act, the term ``genetic test''
means an analysis of human DNA, RNA, chromosomes, proteins, or
metabolites, that detects genotypes, mutations, or chromosomal
changes.
(2) Exceptions.--Such term does not include--
(A) an analysis of proteins or metabolites that
does not detect genotypes, mutations, or chromosomal
changes; or
(B) an analysis of proteins or metabolites that is
directly related to a manifested disease, disorder, or
pathological condition that could reasonably be
detected by a health care professional with appropriate
training and expertise in the field of medicine
involved.
(e) Genetic Services.--In this Act, the term ``genetic services''
means--
(1) a genetic test;
(2) genetic counseling (such as obtaining, interpreting, or
assessing genetic information); or
(3) genetic education. | Taxpayer Protection from Genetic Discrimination Act of 2006 - Prohibits a group health plan sponsored by a covered entity or a health insurance issuer offering group health insurance coverage in connection with such a plan from: (1) adjusting premiums or contribution amounts for a group on the basis of genetic information concerning an individual in the group or a family member of the individual, including information about a request for or receipt of genetic services by such an individual or family member; and (2) requesting or requiring an individual or family member to undergo a genetic test. Defines "covered entity" as any agency or part of the federal government, any state or local entity that receives federal funds, or a federal contractor.
Makes it an unlawful employment practice for any covered entity to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection and disclosure of genetic information, with certain exceptions.
Establishes a federal cause of action for any employee or family member of an employer of a covered entity who has been adversely effected by a violation of this Act. | {"src": "billsum_train", "title": "To prohibit discrimination by group health plans and employers based on genetic information."} | 1,917 | 244 | 0.716858 | 1.998647 | 0.768691 | 5.9375 | 8.658654 | 0.918269 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Preparation and
Development Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The knowledge and skills of the United States workforce
are fundamental to the economic competitiveness of the Nation
today and in the future, however, the United States does not
currently possess a comprehensive, effective, and efficient
system of workforce preparation and development.
(2) Due to global competition, emerging technologies in the
workplace, the emergence of quality managing, corporate
realignments, and the loss of many low-skilled jobs, United
States workers will increasingly need to enhance their skills
on a continuing, lifelong basis through such a workforce
preparation and development system.
(3) Reports from the Comptroller General of the United
States have identified 154 different Federal programs, totaling
$24,000,000,000, and administered by 14 different Federal
agencies, that offer some form of education, job training, or
employment assistance to youths and adults.
(4) Such reports point to the many problems of duplication
and fragmentation that exist within the varied Federal
workforce preparation and development programs, including--
(A) the additional costs of administering
overlapping workforce preparation and development
programs at the Federal, State, and local levels which
divert scarce resources that could be better used to
assist all individuals in preparing for and entering
the workforce; and
(B) conflicting eligibility requirements, annual
budgeting and operating cycles, planning and reporting
requirements, and performance measurement systems which
serve as barriers to the integration of Federal
workforce preparation and development programs and
result in an inefficient use of resources.
(5) Major goals of any reform of the Federal workforce
preparation and development system must be--
(A) to streamline and consolidate individual
workforce preparation and development programs,
eliminating unnecessary duplication and fragmentation
in such programs;
(B) to provide maximum authority and responsibility
to States and local communities for operation of State
and local workforce preparation and development
programs;
(C) to stress private sector partnerships and
encourage increased leadership and responsibility on
the part of the private sector through the use of
creative incentives for investment in workforce
training (which may include reduced regulatory burdens,
tax incentives, and employer loans for the training of incumbent
workers);
(D) to establish a system which is market-driven,
accountable, provides customer choice and easy access
to services, and reinforces individual responsibility;
(E) to improve education, literacy, job training
and employment assistance programs in the United
States, encouraging lifelong learning and skills
upgrading through a seamless system connecting
elementary, secondary, postsecondary, adult, and work-
based training and education; and
(F) to establish a comprehensive, integrated labor
market information system to ensure that workforce
preparation and development programs are related to the
demand for particular skills in local labor markets,
and to ensure that information about the employment and
earnings of the local workforce, occupations in demand,
skill requirements for such occupations, and the
performance of education and training providers, are
available to job seekers, employers, teachers,
students, and decision-makers.
(6) Early exposure to career opportunities can enrich the
education experience and provide incentives for students to
stay in school and achieve higher levels of learning.
(7) Millions of families in the United States are trapped
in a cycle of poverty, dependency, and undereducation that is
linked to illiteracy and low educational achievement, for which
adult education and family literacy programs have been shown to
be successful in improving the educational attainment and job
skills of parents and their children, contributing to
reductions in crime, welfare dependency, and enhancing
employment opportunities for such individuals.
(8) In recent years, a number of innovative States and
local communities have begun successful efforts to integrate
Federal workforce preparation and development programs through
one-stop service delivery systems, however, without exception,
such States and communities have experienced numerous Federal
barriers to such program integration.
(b) Purpose.--The purpose of this Act is to begin the
transformation of the vast array of Federal workforce preparation and
development programs from a collection of fragmented and duplicative
categorical programs into a streamlined, comprehensive, coherent, high-
quality, cost-effective, and accountable Federal workforce preparation
and development system that is designed to meet the education,
employment, and training needs of the workforce of the United States,
both today and in the future.
SEC. 3. DECLARATION OF INTENT.
Not later than the adjournment sine die of the 104th Congress, the
Congress shall carry out the following:
(1) The Congress shall conduct a thorough evaluation of all
Federal workforce preparation and development programs to
determine the quality, effectiveness, and efficiency of such
programs.
(2) The Congress shall enact legislation that provides for
the following:
(A) The elimination of duplication and
fragmentation among Federal workforce preparation and
development programs through the reform, consolidation,
and, where appropriate, elimination of such programs,
thus providing States and local communities with
streamlined and more flexible funding for the purpose
of preparing the future and current workforce.
(B) The transfer of major decision-making authority
for the design, governance, and implementation of
comprehensive, integrated workforce preparation and
development systems to States and local communities.
(C) A vital role for the private sector at the
Federal, State, and local levels in the design and
implementation of a Federal workforce preparation and
development system established in accordance with
subparagraph (D), encouraging the utilization of State
and local employer-led boards responsible for strategic
planning and program oversight of State and local
workforce preparation and development systems.
(D) The establishment of a Federal workforce
preparation and development system that--
(i) is streamlined and consolidated;
(ii) provides maximum authority and
responsibility to States and local communities
for the operation of State and local workforce
preparation and development programs;
(iii) is accountable;
(iv) stresses private sector partnerships
and encourages increased leadership and
responsibility on the part of the private
sector for investment in workforce training;
(v) is market-driven;
(vi) provides customer choice and easy
access to services; and
(vii) reinforces individual responsibility
by stressing attachment to employment, and at
the same time, encouraging lifelong learning
and skills upgrading through a seamless system
connecting elementary, secondary,
postsecondary, adult, and work-based training
and education.
(E) The establishment of a national labor market
information system that provides employers, job
seekers, students, teachers, training providers, and
others with accurate and timely information on the
local economy, occupations in demand, earnings, and the
skill requirements for such occupations, and
information on the performance of service providers in
the local community.
(3) Consistent with the legislation enacted in accordance
with paragraph (2), the Congress shall provide for the repeal
of existing Federal workforce preparation and development
programs, as appropriate.
SEC. 4. FEDERAL WORKFORCE PREPARATION AND DEVELOPMENT PROGRAMS DEFINED.
For purposes of this Act, the term ``Federal workforce preparation
and development programs'' means programs under any of the following
provisions of law:
(1) The Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2301 et seq.).
(2) The Job Training Partnership Act (29 U.S.C. 1501 et
seq.).
(3) The Wagner-Peyser Act (29 U.S.C. 49 et seq.).
(4) The Job Opportunities and Basic Skills Training Program
authorized under part F of title IV of the Social Security Act
(42 U.S.C. 681 et seq.).
(5) The Adult Education Act (20 U.S.C. 1201 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(7) The School-to-Work Opportunities Act of 1994 (20 U.S.C.
6101 et seq.).
(8) Chapter 2 of title II of the Trade Act of 1974 (19
U.S.C. 2271 et seq.).
(9) Section 6(d)(4) of the Food Stamp Act of 1977.
(10) Veterans vocational training programs authorized under
chapter 106 of title 10, United States Code, and chapters 30,
31, 32, 35, and 41 of title 38, United States Code.
(11) Other Federal employment, education, or training
programs, as appropriate. | Workforce Preparation and Development Act - Declares the intent of the Congress to provide for the establishment of a comprehensive and consolidated workforce preparation and development system in the United States. Declares that, by the end of the 104th Congress, the Congress shall: (1) conduct a thorough evaluation of all Federal workforce preparation and development programs to determine their quality, effectiveness, and efficiency; (2) enact legislation that provides for a comprehensive and consolidated workforce preparation and development system, with specified features; and (3) repeal specified existing Federal workforce preparation and development programs, as appropriate. | {"src": "billsum_train", "title": "Workforce Preparation and Development Act"} | 1,786 | 123 | 0.601434 | 1.654748 | 0.627546 | 3.495575 | 15.672566 | 0.929204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sage-Grouse and Mule Deer Habitat
Conservation and Restoration Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered vegetation management activity.--
(A) In general.--The term ``covered vegetation
management activity'' means any activity described in
subparagraph (B) that--
(i) is carried out on public land
administered by the Bureau of Land Management;
(ii) meets the objectives of the order of
the Secretary numbered 3336 and dated January
5, 2015;
(iii) conforms to an applicable land use
plan;
(iv) protects, restores, or improves
greater sage-grouse or mule deer habitat in a
sagebrush steppe ecosystem as described in--
(I) Circular 1416 of the United
States Geological Survey entitled
``Restoration Handbook for Sagebrush
Steppe Ecosystems with Emphasis on
Greater Sage-Grouse Habitat--Part 1.
Concepts for Understanding and Applying
Restoration'' (2015); or
(II) the habitat guidelines for
mule deer published by the Mule Deer
Working Group of the Western
Association of Fish and Wildlife
Agencies;
(v) will not permanently impair--
(I) the natural state of the
treated area;
(II) outstanding opportunities for
solitude;
(III) outstanding opportunities for
primitive, unconfined recreation;
(IV) economic opportunities
consistent with multiple-use
management; or
(V) the identified values of a unit
of the National Landscape Conservation
System; and
(vi)(I) restores native vegetation
following a natural disturbance;
(II) prevents the expansion into greater
sage-grouse or mule deer habitat of--
(aa) juniper, pinyon pine, or other
associated conifers; or
(bb) nonnative or invasive
vegetation;
(III) reduces the risk of loss of greater
sage-grouse or mule deer habitat from wildfire
or any other natural disturbance; or
(IV) provides emergency stabilization of
soil resources after a natural disturbance.
(B) Description of activities.--An activity
referred to in subparagraph (A) is--
(i) manual cutting and removal of juniper
trees, pinyon pine trees, other associated
conifers, or other nonnative or invasive
vegetation;
(ii) mechanical mastication, cutting, or
mowing, mechanical piling and burning,
chaining, broadcast burning, or yarding;
(iii) removal of cheat grass, medusa head
rye, or other nonnative, invasive vegetation;
(iv) collection and seeding or planting of
native vegetation using a manual, mechanical,
or aerial method;
(v) seeding of nonnative, noninvasive,
ruderal vegetation only for the purpose of
emergency stabilization;
(vi) targeted use of an herbicide, subject
to the condition that the use shall be in
accordance with applicable legal requirements,
Federal agency procedures, and land use plans;
(vii) targeted livestock grazing to
mitigate hazardous fuels and control noxious
and invasive weeds;
(viii) temporary removal of wild horses or
burros in the area in which the activity is
being carried out to ensure treatment
objectives are met;
(ix) in coordination with the affected
permit holder, modification or adjustment of
permissible usage under an annual plan of use
of a grazing permit issued by the Secretary to
achieve restoration treatment objectives;
(x) installation of new, or modification of
existing, fencing or water sources intended to
control use or improve wildlife habitat; or
(xi) necessary maintenance of, repairs to,
rehabilitation of, or reconstruction of an
existing permanent road or construction of
temporary roads to accomplish the activities
described in this subparagraph.
(C) Exclusions.--The term ``covered vegetation
management activity'' does not include--
(i) any activity conducted in a wilderness
area or wilderness study area; or
(ii) any activity for the construction of a
permanent road or permanent trail.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Temporary road.--The term ``temporary road'' means a
road that is--
(A) authorized--
(i) by a contract, permit, lease, other
written authorization; or
(ii) pursuant to an emergency operation;
(B) not intended to be part of the permanent
transportation system of a Federal department or
agency;
(C) not necessary for long-term resource
management;
(D) designed in accordance with standards
appropriate for the intended use of the road, taking
into consideration--
(i) safety;
(ii) the cost of transportation; and
(iii) impacts to land and resources; and
(E) managed to minimize--
(i) erosion; and
(ii) the introduction or spread of invasive
species.
SEC. 3. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER.
(a) Categorical Exclusion.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall develop 1 or
more categorical exclusions (as defined in section 1508.4 of
title 40, Code of Federal Regulations (or a successor
regulation)) for covered vegetation management activities
carried out to protect, restore, or improve habitat for greater
sage-grouse or mule deer.
(2) Administration.--In developing and administering a
categorical exclusion under paragraph (1), the Secretary
shall--
(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
(B) apply the extraordinary circumstances
procedures under section 220.6 of title 36, Code of
Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion;
and
(C) consider--
(i) the relative efficacy of landscape-
scale habitat projects;
(ii) the likelihood of continued declines
in the populations of greater sage-grouse and
mule deer in the absence of landscape-scale
vegetation management; and
(iii) the need for habitat restoration
activities after wildfire or other natural
disturbances.
(b) Implementation of Covered Vegetative Management Activities
Within the Range of Greater Sage-grouse and Mule Deer.--If a
categorical exclusion developed under subsection (a) is used to
implement a covered vegetative management activity in an area within
the range of both greater sage-grouse and mule deer, the covered
vegetative management activity shall protect, restore, or improve
habitat concurrently for both greater sage-grouse and mule deer.
(c) Long-term Monitoring and Maintenance.--Before commencing any
covered vegetation management activity that is covered by a categorical
exclusion under subsection (a), the Secretary shall develop a long-term
monitoring and maintenance plan, covering at least the 20 year-period
beginning on the date of commencement, to ensure that management of the
treated area does not degrade the habitat gains secured by the covered
vegetation management activity.
(d) Disposal of Vegetative Material.--Subject to applicable local
restrictions, any vegetative material resulting from a covered
vegetation management activity that is covered by a categorical
exclusion under subsection (a) may be--
(1) used for--
(A) fuel wood; or
(B) other products; or
(2) piled or burned, or both.
(e) Treatment for Temporary Roads.--
(1) In general.--Notwithstanding section 2(1)(B)(xi), any
temporary road constructed in carrying out a covered vegetation
management activity that is covered by a categorical exclusion
under subsection (a)--
(A) shall be used by the Secretary for the covered
vegetation management activity for not more than 2
years; and
(B) shall be decommissioned by the Secretary not
later than 3 years after the earlier of the date on
which--
(i) the temporary road is no longer needed;
and
(ii) the project is completed.
(2) Requirement.--A treatment under paragraph (1) shall
include reestablishing native vegetative cover--
(A) as soon as practicable; but
(B) not later than 10 years after the date of
completion of the applicable covered vegetation
management activity.
Passed the Senate September 6, 2018.
Attest:
JULIE E. ADAMS,
Secretary. | Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017 This bill directs the Department of Interior to categorically exclude vegetative management activities that establish or improve habitat for greater sage-grouse and mule deer from environmental review requirements under the National Environmental Policy Act of 1969 (NEPA). Examples of vegetative management activities include restoring native vegetation following a natural disturbance or preventing the expansion of nonnative or invasive vegetation into such habitat. A categorical exclusion under NEPA is a category of actions which do not have a significant effect on the human environment and for which neither an Environmental Assessment nor an Environmental Impact Statement is required. The bill prohibits the categorical exclusion from including: (1) activity conducted in a wilderness area or wilderness study area, or (2) activity for the construction of a permanent road or trail. Before commencing a vegetative management activity that is covered by a categorical exclusion, Interior must develop a long-term monitoring and maintenance plan, covering at least 20 years, to ensure that management of the treated area does not degrade the habitat gains secured by the vegetative management activity. Vegetative material resulting from vegetative management activity may be: (1) used for fuel wood or other products; or (2) piled or burned, or both. Native vegetative cover must be reestablished on a temporary road constructed in connection with a categorically excluded vegetative management activity in order to minimize soil erosion from areas disturbed by the temporary road. | {"src": "billsum_train", "title": "Sage-Grouse and Mule Deer Habitat Conservation and Restoration Act of 2017"} | 1,907 | 326 | 0.527853 | 1.736124 | 0.82568 | 3.438406 | 6.144928 | 0.844203 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Fuel Reduction Act of
2014''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to expedite wildfire prevention projects to reduce the
chances of wildfire on certain high-risk Federal land adjacent
to communities, private property, and critical infrastructure;
(2) to improve forest and wildland health; and
(3) to promote the recovery of threatened and endangered
species, or other species under consideration for listing under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
including sage-grouse, whose habitat is negatively impacted by
wildland fire.
SEC. 3. EXPEDITED REVIEW OF PROJECTS ON FEDERAL LAND.
Section 104 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6514) is amended--
(1) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively;
(2) in subsection (c)(1)(C)(i), by striking ``subsection
(f)'' and inserting ``subsection (g)''; and
(3) by inserting after subsection (d) the following:
``(e) Categorical Exclusion of Certain Projects.--
``(1) Definition of adjacent federal land.--In this
subsection, the term `adjacent Federal land' means an area of
Federal land--
``(A) that, while not located in the wildland-urban
interface, is located within not more than 2 miles of
non-Federal land; and
``(B) on which the Secretary determines that
conditions, such as the risk of wildfire, an insect or
disease epidemic, or the presence of invasive species,
pose a risk to the adjacent non-Federal land.
``(2) Categorical exclusion of certain projects.--
``(A) In general.--An authorized hazardous fuel
reduction project shall be categorically excluded from
the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) if the project--
``(i) involves the removal of insect-
infected trees, dead or dying trees, trees
presenting a threat to public safety or
electrical reliability, or the removal of other
hazardous fuels within 500 feet of utility or
communications infrastructure, a municipal
water supply system, campground, roadside,
heritage site, recreation site, school, or
other infrastructure;
``(ii) is intended to treat 10,000 acres or
less of public land or National Forest System
land that--
``(I) contains threatened and
endangered species habitat; or
``(II) provides conservation
benefits to species that are not listed
as endangered or threatened under
section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) but are a
State-listed species, a special concern
species, or candidates for a listing
under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
``(iii) is proposed to be conducted on
adjacent Federal land or is recommended in a
community wildfire protection plan if--
``(I) the Secretary determines that
the project is consistent with the
applicable resource management plan;
and
``(II) the decision to
categorically exclude the project is
made in accordance with applicable
extraordinary circumstances procedures
established pursuant to section 1508.4
of title 40, Code of Federal
Regulations (or a successor
regulation).
``(B) Consultation.--In determining whether an area
contains trees or other hazardous fuels described in
clause (i), the Secretary shall consult with any
utility or other entity that manages the area.
``(C) Priority for certain projects.--In providing
categorical exclusions under subparagraph (A), the
Secretary shall give priority to authorized hazardous
fuel reduction projects and other projects recommended
in a community wildfire protection plan.
``(D) Exclusions.--National Forest System land or
public land eligible for treatment under this
subsection shall not include land--
``(i) that is a component of the National
Wilderness Preservation System;
``(ii) on which the removal of vegetation
is specifically prohibited by Federal law; or
``(iii) that is within a National Monument
as of the date of the enactment of the
Emergency Fuel Reduction Act of 2014.''. | Emergency Fuel Reduction Act of 2014 - Amends the Healthy Forests Restoration Act of 2003 to categorically exclude an authorized hazardous fuel reduction project from the environmental review requirements of the National Environmental Policy Act of 1969 (NEPA) if the project: involves the removal of insect-infested trees, dead or dying trees, trees presenting a threat to public safety or electrical reliability, or the removal of other hazardous fuels near certain infrastructure; is intended to treat 10,000 acres or less of public land or National Forest System land that contains threatened and endangered species habitat, or provides conservation benefits to a state-listed species, a special concern species, or candidates for a listing under the Endangered Species Act of 1973; or is proposed to be conducted on federal land that is adjacent to non-federal land and on which conditions are determined to pose a risk to the non-federal land, or is recommended in a community wildfire protection plan if certain conditions are met. Excludes from treatment under this Act land: (1) that is a component of the National Wilderness Preservation System, (2) on which the removal of vegetation is specifically prohibited by federal law, or (3) that is within a national monument. | {"src": "billsum_train", "title": "Emergency Fuel Reduction Act of 2014"} | 1,010 | 261 | 0.703184 | 1.950963 | 0.737016 | 4.425532 | 3.817021 | 0.953191 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Hospital GME Support
Reauthorization Act of 2013''.
SEC. 2. PROGRAM OF PAYMENTS TO CHILDREN'S HOSPITALS THAT OPERATE
GRADUATE MEDICAL EDUCATION PROGRAMS.
(a) In General.--Section 340E of the Public Health Service Act (42
U.S.C. 256e) is amended--
(1) in subsection (a), by striking ``through 2005 and each of
fiscal years 2007 through 2011'' and inserting ``through 2005, each
of fiscal years 2007 through 2011, and each of fiscal years 2014
through 2018''; and
(2) in subsection (f)--
(A) in paragraph (1)(A)--
(i) in clause (iii), by striking ``and'';
(ii) in clause (iv), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(v) for each of fiscal years 2014 through 2018,
$100,000,000.''; and
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``and'';
(ii) in subparagraph (D), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(E) for each of fiscal years 2014 through 2018,
$200,000,000.''.
(b) Report to Congress.--Section 340E(b)(3)(D) of the Public Health
Service Act (42 U.S.C. 256e(b)(3)(D)) is amended by striking ``Not
later than the end of fiscal year 2011'' and inserting ``Not later than
the end of fiscal year 2018''.
SEC. 3. SUPPORT OF GRADUATE MEDICAL EDUCATION PROGRAMS IN CERTAIN
HOSPITALS.
Section 340E of the Public Health Service Act (42 U.S.C. 256e) is
amended by adding at the end the following:
``(h) Additional Provisions.--
``(1) In general.--The Secretary is authorized to make
available up to 25 percent of the total amounts in excess of
$245,000,000 appropriated under paragraphs (1) and (2) of
subsection (f), but not to exceed $7,000,000, for payments to
hospitals qualified as described in paragraph (2), for the direct
and indirect expenses associated with operating approved graduate
medical residency training programs, as described in subsection
(a).
``(2) Qualified hospitals.--
``(A) In general.--To qualify to receive payments under
paragraph (1), a hospital shall be a free-standing hospital--
``(i) with a Medicare payment agreement and that is
excluded from the Medicare inpatient hospital prospective
payment system pursuant to section 1886(d)(1)(B) of the
Social Security Act and its accompanying regulations;
``(ii) whose inpatients are predominantly individuals
under 18 years of age;
``(iii) that has an approved medical residency training
program as defined in section 1886(h)(5)(A) of the Social
Security Act; and
``(iv) that is not otherwise qualified to receive
payments under this section or section 1886(h) of the
Social Security Act.
``(B) Establishment of residency cap.--In the case of a
freestanding children's hospital that, on the date of enactment
of this subsection, meets the requirements of subparagraph (A)
but for which the Secretary has not determined an average
number of full-time equivalent residents under section
1886(h)(4) of the Social Security Act, the Secretary may
establish such number of full-time equivalent residents for the
purposes of calculating payments under this subsection.
``(3) Payments.--Payments to hospitals made under this
subsection shall be made in the same manner as payments are made to
children's hospitals, as described in subsections (b) through (e).
``(4) Payment amounts.--The direct and indirect payment amounts
under this subsection shall be determined using per resident
amounts that are no greater than the per resident amounts used for
determining direct and indirect payment amounts under subsection
(a).
``(5) Reporting.--A hospital receiving payments under this
subsection shall be subject to the reporting requirements under
subsection (b)(3).
``(6) Remaining funds.--
``(A) In general.--If the payments to qualified hospitals
under paragraph (1) for a fiscal year are less than the total
amount made available under such paragraph for that fiscal
year, any remaining amounts for such fiscal year may be made
available to all hospitals participating in the program under
this subsection or subsection (a).
``(B) Quality bonus system.--For purposes of distributing
the remaining amounts described in subparagraph (A), the
Secretary may establish a quality bonus system, whereby the
Secretary distributes bonus payments to hospitals participating
in the program under this subsection or subsection (a) that
meet standards specified by the Secretary, which may include a
focus on quality measurement and improvement, interpersonal and
communications skills, delivering patient-centered care, and
practicing in integrated health systems, including training in
community-based settings. In developing such standards, the
Secretary shall collaborate with relevant stakeholders,
including program accrediting bodies, certifying boards,
training programs, health care organizations, health care
purchasers, and patient and consumer groups.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | . Children's Hospital GME Support Reauthorization Act of 2013 - Amends the Public Health Service Act to extend and reauthorize appropriations through FY2018 for payments to children's hospitals associated with operating approved graduate medical residency training programs. Authorizes the Secretary of Health and Human Services (HHS) to: (1) make available up to 25 percent of the total amounts in excess of specified appropriations for payments to certain hospitals with a Medicare payment agreement that are excluded from the Medicare inpatient hospital prospective payment system and whose inpatients are predominantly under 18 years of age; and (2) establish a quality bonus system for distribution of excess payments to such hospitals, which may include a focus on quality measurement and improvement, interpersonal and communications skills, delivering patient-centered care, and practicing in integrated health systems. | {"src": "billsum_train", "title": "Children's Hospital GME Support Reauthorization Act of 2013"} | 1,232 | 175 | 0.506482 | 1.415363 | 0.707242 | 4.761589 | 7.350993 | 0.92053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Nuclear Programs Agency
Organization Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Establishment and organization of Defense Nuclear Programs
Agency.
Sec. 5. Functions of Defense Nuclear Programs Agency.
Sec. 6. Transfers of functions.
Sec. 7. Limitation on transfers of funds.
Sec. 8. Transition provisions.
Sec. 9. Savings provisions.
Sec. 10. Technical and conforming amendments.
Sec. 11. Effective date and transition period.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``defense nuclear programs matters'' means
matters related to the military use of nuclear energy and
nuclear weapons, including all such matters that were under the
jurisdiction of the following entities on the day before the
date of the enactment of this Act:
(A) The Department of Energy.
(B) The Defense Nuclear Agency of the Department of
Defense.
(C) The Strategic Systems Programs of the
Department of the Navy.
(D) The Defense Nuclear Facilities Safety Board.
(2) The term ``Administrator'' means the Administrator of
the Defense Nuclear Programs Agency.
(3) The term ``Agency'' means the Defense Nuclear Programs
Agency.
SEC. 4. ESTABLISHMENT AND ORGANIZATION OF DEFENSE NUCLEAR PROGRAMS
AGENCY.
(a) Establishment of Defense Nuclear Programs Agency.--There is
established an agency to be known as the Defense Nuclear Programs
Agency.
(b) Administrator.--The Agency shall be headed by an Administrator,
who shall serve as the principal adviser to the President and the
Secretary of Defense on defense nuclear programs matters. In carrying
out his duties under this Act, the Administrator shall, under the
direction of the Secretary of Defense, have primary responsibility
within the Government for defense nuclear programs matters. The
Administrator shall be appointed by the President, by and with the
advice and consent of the Senate. A commissioned officer of the Armed
Forces serving on active duty may not be appointed Administrator. The
Administrator shall be compensated at the rate provided for level II of
the Executive Schedule under section 5313 of title 5, United States
Code.
(c) Deputy Administrator.--A Deputy Administrator of the Agency
shall be appointed by the President, by and with the advice and consent
of the Senate. The Deputy Administrator shall perform such duties and
exercise such powers as the Administrator may prescribe. The Deputy
Administrator shall act for, and exercise the powers of, the
Administrator during the Administrator's absence or disability or
during a vacancy in such office. A commissioned officer of the Armed
Forces serving on active duty may not be appointed Deputy
Administrator. The Deputy Administrator shall be compensated at the
rate provided for level III of the Executive Schedule under section
5314 of title 5, United States Code.
(d) Assistant Administrators.--(1) Four Assistant Administrators of
the Agency shall be appointed by the President, by and with the advice
and consent of the Senate. They shall perform such duties and exercise
such powers as the Administrator may prescribe.
(2) One of the Assistant Administrators shall have as his principal
duty the overall supervision of environmental restoration of defense
nuclear weapons facilities.
(3) One of the Assistant Administrators shall have as his principal
duty the overall supervision of the oversight of the defense and
nondefense functions and budgets of the Sandia National Laboratories,
the Los Alamos National Laboratory, and the Lawrence Livermore National
Laboratory.
(4) Each Assistant Administrator shall be compensated at the rate
provided for level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(e) Inspector General.--There shall be an Inspector General of the
Agency, who shall be appointed as provided in section 3 of the
Inspector General Act of 1978 (5 U.S.C. App. 3). The Inspector General
shall perform the duties, have the responsibilities, and exercise the
powers specified in the Inspector General Act of 1978 (5 U.S.C. App.
3).
(f) General Counsel.--There shall be a General Counsel of the
Agency, who shall be appointed by the Administrator. The General
Counsel shall be the chief legal officer for all legal matters arising
from the conduct of the functions of the Agency. The General Counsel
shall be compensated at the rate provided for level V of the Executive
Schedule under section 5316 of title 5, United States Code.
SEC. 5. FUNCTIONS OF DEFENSE NUCLEAR PROGRAMS AGENCY.
(a) In General.--The Administrator shall be responsible for the
exercise of all powers and the discharge of all duties of the Agency.
(b) Transferred Functions.--The Administrator shall carry out all
functions transferred to the Administrator pursuant to section 6.
(c) Staff Director of Nuclear Weapons Council.--Paragraph (2) of
section 179(c) of title 10, United States Code, is amended to read as
follows:
``(2) The Administrator of the Defense Nuclear Programs Agency
shall be the Staff Director of the Council.''.
SEC. 6. TRANSFERS OF FUNCTIONS.
(a) Department of Energy.--(1) There are hereby transferred to the
Administrator all functions performed by the Department of Energy on
the day before the date of the enactment of this Act relating to the
national security functions of the Department, including defense,
nonproliferation, and defense-related environmental management
programs.
(2) There are hereby transferred to the Administrator all functions
performed by the Department of Energy on the day before the date of the
enactment of this Act relating to the oversight of the defense and
nondefense functions and budgets of the following laboratories:
(A) Sandia National Laboratories, Albuquerque, New Mexico,
and Livermore, California.
(B) Los Alamos National Laboratory, Los Alamos, New Mexico.
(C) Lawrence Livermore National Laboratory, California.
(b) Defense Nuclear Agency.--There are hereby transferred to the
Administrator all functions performed by the Defense Nuclear Agency of
the Department of Defense on the day before the date of the enactment
of this Act.
(c) Department of the Navy.--There are hereby transferred to the
Administrator all functions performed by the Department of the Navy on
the day before the date of the enactment of this Act relating to its
Strategic Systems Programs.
(d) Defense Nuclear Facilities Safety Board.--There are hereby
transferred to the Administrator all functions performed by the Defense
Nuclear Facilities Safety Board on the day before the date of the
enactment of this Act.
(e) Other Nuclear Weapons-Related Functions.--The Secretary of
Defense may transfer to the Administrator such other functions
performed in the Department of Defense on the day before the date of
the enactment of this Act relating to nuclear weapons as the Secretary
considers appropriate.
(f) Conforming Repeals.--
(1) Assistant to the secretary of defense for atomic
energy.--Section 141 of title 10, United States Code, is hereby
repealed. The table of sections at the beginning of chapter 4
of such title is amended by striking out the item relating to
such section.
(2) Defense nuclear facilities safety board.--Chapter 21 of
the Atomic Energy Act of 1954 (42 U.S.C. 2286) is hereby
repealed.
(3) References.--Any reference to the Assistant Secretary
of Defense for Atomic Energy or the Defense Nuclear Facilities
Safety Board in any provision of law or in any rule,
regulation, or other paper of the United States shall be
treated as referring to the Administrator.
SEC. 7. LIMITATION ON TRANSFERS OF FUNDS.
No amount appropriated to the Agency may be transferred to any
other account (other than another account of the Agency) unless the
transfer of such amount to such account is specifically authorized by
law. No amount appropriated to the Department of Defense or another
department or agency may be transferred to the Administrator or to an
account for the Agency unless the transfer of such amount to such
account is specifically authorized by law.
SEC. 8. TRANSITION PROVISIONS.
(a) Exercise of Authorities.--Except as otherwise provided by law,
the Administrator may, for purposes of performing a function that is
transferred to the Administrator by this Act, exercise all authorities
under any other provision of law that were available with respect to
the performance of that function to the official responsible for the
performance of that function on the day before the date of the
enactment of this Act.
(b) Authorities To Wind Up Affairs.--
(1) In general.--(A) The Director of the Office of
Management and Budget may take such actions as the Director
considers necessary to wind up any outstanding affairs of the
Department of Energy associated with the functions that are
transferred pursuant to section 6(a).
(B) The Secretary of Defense may take such actions as the
Secretary considers necessary to wind up any outstanding
affairs of the Defense Nuclear Agency associated with the
functions that are transferred pursuant to section 6(b), any
outstanding affairs of the Department of Defense associated
with any functions that may be transferred pursuant to section
6(d), and any outstanding affairs of the Assistant to the
Secretary of Defense for Atomic Energy.
(C) The Secretary of the Navy may take such actions as the
Secretary considers necessary to wind up any outstanding
affairs of the Strategic Systems Programs of the Department of
the Navy associated with the functions that are transferred
pursuant to section 6(c).
(D) The Director of the Office of Management and Budget may
take such actions as the Director considers necessary to wind
up any outstanding affairs of the Defense Nuclear Facilities
Safety Board.
(2) Transfer of assets.--So much of the personnel,
property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with a function
transferred to the Administrator by this Act are transferred to
the Administrator for use in connection with the functions
transferred.
(3) Further measures and dispositions.--Such further
measures and dispositions as the President considers necessary
to effectuate the transfers referred to in subsection (b) shall
be carried out in such manner as the President directs and by
the heads of such agencies as the President designates.
SEC. 9. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits,
agreements, grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions which are transferred under this
Act, and
(2) which are in effect at the time this Act takes effect,
or were final before the effective date of this Act and are to
become effective on or after the effective date of this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Attorney General or other authorized official, a
court of competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--The provisions of this Act shall not
affect any proceedings, including notices of proposed rulemaking, or
any application for any license, permit, certificate, or financial
assistance pending at the time this Act takes effect, with respect to
functions transferred by this Act but such proceedings and applications
shall be continued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pursuant to such
orders, as if this Act had not been enacted, and orders issued in any
such proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this Act had not been enacted.
(c) Suits Not Affected.--The provisions of this Act shall not
affect suits commenced before the effective date of this Act, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against a department or agency, functions of which are
transferred by this Act, or by or against any individual in the
official capacity of such individual as an officer of a department or
agency, functions of which are transferred by this Act, shall abate by
reason of the enactment of this Act.
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Inspector General Act of 1978.--Section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by inserting after ``International
Development,'' the following: ``the Defense Nuclear Programs
Agency,''; and
(2) in paragraph (2), by striking out ``or the Social
Security Administration;'' and inserting in lieu thereof ``the
Social Security Administration, or the Defense Nuclear Programs
Agency;''.
(b) Executive Schedule.--(1) Section 5313 of title 5, United States
Code, is amended by adding at the end the following:
``Administrator, Defense Nuclear Programs Agency.''.
(2) Section 5314 of title 5, United States Code, is amended by
adding at the end the following:
``Deputy Administrator, Defense Nuclear Programs Agency.''.
(3) Section 5315 of title 5, United States Code, is amended by
adding at the end the following:
``Assistant Administrators, Defense Nuclear Programs Agency
(4).
``Inspector General, Defense Nuclear Programs Agency.''.
(4) Section 5316 of title 5, United States Code, is amended by
adding at the end the following:
``General Counsel, Defense Nuclear Programs Agency.''.
SEC. 11. EFFECTIVE DATE AND TRANSITION PERIOD.
(a) Effective Date.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act.
(b) Delayed Effective Date for Establishment of Agency and
Transfers of Functions.--Section 4(a) and section 6 of this Act shall
take effect one year after the date of the enactment of this Act.
(c) Transition Period.--The Secretary of Defense, the Secretary of
Energy, the Assistant to the Secretary of Defense for Atomic Energy,
and the Defense Nuclear Facilities Safety Board shall, beginning as
soon as practicable after the date of the enactment of this Act, plan
for the orderly establishment of, and transfer of functions to, the
Agency pursuant to this Act.
(d) Appointment Authority.--The President may make appointments
under section 2 notwithstanding the delayed effective date under
subsection (b) for the establishment of the Agency. | Defense Nuclear Programs Agency Organization Act - Establishes the Defense Nuclear Programs Agency, headed by an Administrator, who shall serve as the principal adviser to the President and the Secretary of Defense on all defense nuclear programs matters. Requires the appointment by the President of a Deputy Agency Administrator, as well as four Assistant Administrators, an Inspector General, and a General Counsel of the Agency. Requires the Administrator to be the Staff Director of the Nuclear Weapons Council. Transfers to the Administrator specified functions currently held by the Department of Energy, the Department of Defense, and the Defense Nuclear Facilities Safety Board (Board) with respect to national security functions, as well as the oversight of defense and nondefense functions and budgets of specified national laboratories.
(Sec. 7) Prohibits the transfer to another account of amounts appropriated to the Agency unless specifically authorized by law. Provides transition and savings provisions.
(Sec. 11) Provides effective dates for specified provisions of this Act. Requires the Secretaries of Defense and Energy, the Assistant Secretary of Defense for Atomic Energy, and the Board to plan for the orderly establishment of, and transfer of functions to, the Agency. | {"src": "billsum_train", "title": "Defense Nuclear Programs Agency Organization Act"} | 3,314 | 259 | 0.703964 | 1.882117 | 0.830178 | 3.969027 | 13.809735 | 0.924779 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Spending Accountability
Act of 2013'' or the ``GSA Act of 2013''.
SEC. 2. LIMITS AND TRANSPARENCY FOR CONFERENCE AND TRAVEL SPENDING.
(a) Amendment.--Chapter 57 of title 5, United States Code, is
amended by inserting after section 5711 the following:
``Sec. 5712. Limits and transparency for conference and travel spending
``(a) Conference Transparency and Spending Limits.--
``(1) Public availability of conference materials.--Each
agency shall post on the public website of that agency detailed
information on any presentation made by any employee of that
agency at a conference (except to the extent the head of an
agency excludes such information for reasons of national
security or information described under section 552(b))
including--
``(A) the prepared text of any verbal presentation
made; and
``(B) any visual, digital, video, or audio
materials presented, including photographs, slides, and
audio-visual recordings.
``(2) Limits on amount expended on a conference.--
``(A) In general.--Except as provided under
subparagraph (B), an agency may not expend more than
$500,000 to support a single conference.
``(B) Exception.--The head of an agency may waive
the limitation under subparagraph (A) for a specific
conference after making a determination that the
expenditure is justified as the most cost-effective
option to achieve a compelling purpose. The head of an
agency shall submit to the appropriate congressional
committees a report on any waiver granted under this
subparagraph, including the justification for such
waiver.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to preclude an agency from
receiving financial support or other assistance from a
private entity to pay or defray the costs of a
conference the total cost of which exceeds $500,000.
``(b) International Conference Rule.--An agency may not pay the
travel expenses for more than 50 employees of that agency who are
stationed in the United States, for any international conference,
unless the Secretary of State determines that attendance for such
employees is in the national interest, or the head of the agency
determines that attendance for such employees is critical to the
agency's mission. The Secretary of State and the head of an agency
shall submit to the appropriate congressional committees a report on
any waiver granted under this subsection, including the justification
for such waiver.
``(c) Reporting on Travel and Conference Expenses Required.--At the
beginning of each quarter of each fiscal year, each agency shall post
on the public website of that agency a report on each conference that
costs more than $10,000 for which the agency paid travel expenses
during the preceding 3 months that includes--
``(1) the itemized expenses paid by the agency, including
travel, lodging, and meal expenses, and any other agency
expenditures to otherwise support the conference;
``(2) the primary sponsor of the conference;
``(3) the location of the conference;
``(4) the date of the conference;
``(5) a brief explanation of how the participation of
employees from such agency at the conference advanced the
mission of the agency;
``(6) the title of any employee, or any individual who is
not a Federal employee, whose travel expenses or other
conference expenses were paid by the agency;
``(7) the total number of individuals whose travel expenses
or other conference expenses were paid by the agency; and
``(8) in the case of a conference for which that agency was
the primary sponsor, a statement that--
``(A) describes the cost to the agency of selecting
the specific conference venue;
``(B) describes why the location was selected,
including a justification for such selection;
``(C) demonstrates the cost efficiency of the
location;
``(D) provides a cost benefit analysis of holding a
conference rather than conducting a teleconference; and
``(E) describes any financial support or other
assistance from a private entity used to pay or defray
the costs of the conference, and for each case where
such support or assistance was used, the head of the
agency shall include a certification that there is no
conflict of interest resulting from such support or
assistance.
``(d) Format and Publication of Reports.--Each report posted on the
public website under subsection (c) shall--
``(1) be in a searchable electronic format; and
``(2) remain on that website for at least 5 years after the
date of posting.
``(e) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given that
term under section 5701, but does not include the government of
the District of Columbia.
``(2) Conference.--The term `conference' means a meeting,
retreat, seminar, symposium, or event that--
``(A) is held for consultation, education,
discussion, or training; and
``(B) is not held entirely at a Government
facility.
``(3) International conference.--The term `international
conference' means a conference occurring outside the United
States attended by representatives of--
``(A) the Government of the United States; and
``(B) any foreign government, international
organization, or foreign nongovernmental
organization.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5711 the following:
``5712. Limits and transparency for conference and travel spending.''.
(c) Annual Travel Expense Limits.--
(1) In general.--In the case of each of fiscal years 2014
through 2018, an agency (as defined under section 5712(e) of
title 5, United States Code, as added by subsection (a)) may
not make, or obligate to make, expenditures for travel
expenses, in an aggregate amount greater than 70 percent of the
aggregate amount of such expenses for fiscal year 2010.
(2) Exemptions.--The agency may exclude certain travel
expenses from the limitation under paragraph (1) only if the
agency head determines that inclusion of such expenses would
undermine national security, international diplomacy, health
and safety inspections, law enforcement, or site visits
required for oversight or investigatory purposes.
(3) Report to congress.--In each of fiscal years 2014
through 2018, the head of each agency shall submit to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report containing--
(A) the justification for any expenses excluded
(under paragraph (2)) from the limitation under
paragraph (1); and
(B) the positive or negative impacts, if any, of
the limitation under paragraph (1) on the agency's
mission, cost-effectiveness, efficiency, and ability to
perform core functions.
(4) Identification of travel expenses.--
(A) Responsibilities.--Not later than September 30,
2013, and after consultation with the Administrator of
General Services and the Director of the Administrative
Office of the United States Courts, the Director of the
Office of Management and Budget shall establish
guidelines for the determination of what expenses
constitute travel expenses for purposes of this
subsection. The guidelines shall identify specific
expenses, and classes of expenses, that are to be
treated as travel expenses.
(B) Exemption for military travel.--The guidelines
required under subparagraph (A) shall exclude military
travel expenses in determining what expenses constitute
travel expenses. Military travel expenses shall include
travel expenses involving military combat, the training
or deployment of uniformed military personnel, and such
other travel expenses as determined by the Director of
the Office of Management and Budget, in consultation
with the Administrator of General Services and the
Director of the Administrative Office of the United
States Courts.
Passed the House of Representatives July 31, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Government Spending Accountability Act of 2013 or the GSA Act of 2013 - Requires each federal agency to post on its public website detailed information on employee presentations at conferences, including: (1) the prepared text of any verbal presentation; and (2) any visual, digital, video, or audio materials presented, including photographs, slides, and audio-visual recordings. Allows a waiver of such requirement for reasons of national security. Limits to $500,000 the amount that any agency may spend to support a single conference. Allows an agency head to waive such limitation for a specific conference after making a determination that a higher expenditure is justified as the most cost-effective option to achieve a compelling purpose. Requires the agency head to report to the appropriate congressional committees on any waiver granted and the justification for such waiver. Prohibits an agency from paying the travel expenses for more than 50 employees stationed in the United States to attend any international conference, unless the Secretary of State determines that attendance of such employees is in the national interest, or the agency head determines that attendance for such employees is critical to the agency's mission. Requires the Secretary and the agency head to report to the appropriate congressional committees on any waiver granted and the justification for such waiver. Requires each agency to post on its public website quarterly reports on each conference that costs more than $10,000 for which the agency paid travel expenses during the preceding 3 months that include: itemized expenses, including travel, lodging, meal expenses, and any other agency expenditures to support the conference; the primary sponsor of the conference; the location and date of the conference; an explanation of how participation at the conference by agency employees advanced the mission of the agency; the title of any employee or other individual whose travel or conference expenses were paid by the agency; the total number of individuals whose travel or conference expenses were paid by the agency; and for a conference for which the agency was the primary sponsor, a statement that: (1) describes the cost to the agency of selecting the specific conference venue and why such location was selected, (2) demonstrates the cost efficiency of the location, (3) provides a cost benefit analysis of holding a conference rather than conducting a teleconference, and (4) describes any financial support or assistance from a private entity used to pay or defray the costs of the conference and a certification from the agency head that no conflict of interest resulted from accepting such support or assistance. Limits agency travel expenses for FY2014-FY2018 to 70% of the aggregate amount of such expenses for FY2010. Allows an agency to exclude certain travel expenses from such limitation if the agency head determines that the inclusion of such expenses would undermine national security, international diplomacy, health and safety inspections, law enforcement, or site visits required for oversight or investigatory purposes. Requires agency heads to report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs in each of FY2014-FY2018 on: (1) the justification for any expenses excluded; and (2) the positive or negative impacts, if any, of the limitation on travel expenses on the agency's mission, cost-effectiveness, efficiency, and ability to perform core functions. Requires the Director of the Office of Management and Budget (OMB), not later than September 30, 2013, to establish guidelines for determining what expenses constitute travel expenses for purposes of this Act. Exempts from such guidelines military travel expenses. | {"src": "billsum_train", "title": "GSA Act of 2013"} | 1,759 | 743 | 0.784577 | 2.674969 | 0.779297 | 4.606509 | 2.502959 | 0.946746 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Small Business Tax
Relief Act of 2009''.
(b) Reference.--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.
(c) Table of Contents.--The table of contents for this Act is as
follows:
SEC. 2. PERMANENT INCREASE IN LIMITATIONS ON EXPENSING OF CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) In General.--Subsection (b) of section 179 (relating to
limitations) is amended--
(1) by striking ``$25,000'' and all that follows in
paragraph (1) and inserting ``$500,000.'',
(2) by striking ``$200,000'' and all that follows in
paragraph (2) and inserting ``$2,000,000'',
(3) by striking ``after 2007 and before 2011, the $120,000
and $500,000'' in paragraph (5)(A) and inserting ``after 2009,
the $500,000 and the $2,000,000'',
(4) by striking ``2006'' in paragraph (5)(A)(ii) and
inserting ``2008'', and
(5) by striking paragraph (7).
(b) Permanent Expensing of Computer Software.--Section
179(d)(1)(A)(ii) of the Internal Revenue Code of 1986 (defining section
179 property) is amended by striking ``and before 2011''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. MODIFICATION OF CORPORATE INCOME TAX RATES.
(a) In General.--Paragraph (1) of section 11(b) (relating to amount
of tax) is amended to read as follows:
``(1) In general.--The amount of the tax imposed by
subsection (a) shall be the sum of--
``(A) 15 percent of so much of the taxable income
as does not exceed $1,000,000,
``(B) 25 percent of so much of the taxable income
as exceeds $1,000,000 but does not exceed $1,500,000,
``(C) 34 percent of so much of the taxable income
as exceeds $1,500,000 but does not exceed $10,000,000,
and
``(D) 35 percent of so much of the taxable income
as exceeds $10,000,000.
In the case of a corporation which has taxable income in excess
of $2,000,000 for any taxable year, the amount of tax
determined under the preceding sentence for such taxable year
shall be increased by the lesser of (i) 5 percent of such
excess, or (ii) $235,000. In the case of a corporation which
has taxable income in excess of $15,000,000, the amount of the
tax determined under the foregoing provisions of this paragraph
shall be increased by an additional amount equal to the lesser
of (i) 3 percent of such excess, or (ii) $100,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2009.
SEC. 4. GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES NOT
SUBJECT TO ALTERNATIVE MINIMUM TAX.
(a) In General.--Section 38(c) (relating to limitation based on
amount of tax) is amended by redesignating paragraph (5) as paragraph
(6) and by inserting after paragraph (4) the following new paragraph:
``(5) Special rules for eligible small business credits.--
``(A) In general.--In the case of eligible small
business credits--
``(i) this section and section 39 shall be
applied separately with respect to such
credits, and
``(ii) in applying paragraph (1) to such
credits--
``(I) the tentative minimum tax
shall be treated as being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the eligible
small business credits).
``(B) Eligible small business credits.--For
purposes of this subsection, the term `eligible small
business credits' means the sum of the credits listed
in subsection (b) which are determined for the taxable
year with respect to an eligible small business. Such
credits shall not be taken into account under paragraph
(2), (3), or (4).
``(C) Eligible small business.--For purposes of
this subsection, the term `eligible small business'
means, with respect to any taxable year--
``(i) a corporation the stock of which is
not publicly traded, or
``(ii) a partnership,
which meets the gross receipts test of section 448(c)
(by substituting `$50,000,000' for `$5,000,000' each
place it appears) for the taxable year (or, in the case
of a sole proprietorship, which would meet the test if
such proprietorship were a corporation).''.
(b) Effective Date.--The amendments made by this section shall
apply to credits determined in taxable years beginning after December
31, 2009, and to carrybacks of such credits.
SEC. 5. GENERAL BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES CARRIED
BACK 5 YEARS.
(a) In General.--Section 39(a) (relating to carryback and
carryforward of unused credits) is amended by adding at the end the
following new paragraph:
``(4) 5-year carryback for eligible small business
credits.--
``(A) In general.--Notwithstanding subsection (d),
in the case of eligible small business credits--
``(i) this section shall be applied
separately from the business credit (other than
the eligible small business credits) or the
marginal oil and gas well production credit,
``(ii) paragraph (1) shall be applied by
substituting `each of the 5 taxable years' for
`the taxable year' in subparagraph (A) thereof,
and
``(iii) paragraph (2) shall be applied--
``(I) by substituting `25 taxable
years' for `21 taxable years' in
subparagraph (A) thereof, and
``(II) by substituting `24 taxable
years' for `20 taxable years' in
subparagraph (B) thereof.
``(B) Eligible small business credits.--For
purposes of this subsection, the term `eligible small
business credits' has the meaning given such term by
section 38(c)(5)(B).''.
(b) Conforming Amendment.--Section 39(a)(3)(A) is amended by
inserting ``or the eligible small business credits'' after ``credit)''.
(c) Effective Date.--The amendments made by this section shall
apply to credits arising in taxable years beginning after December 31,
2009.
SEC. 6. DEDUCTION FOR ELIGIBLE SMALL BUSINESS INCOME.
(a) In General.--Paragraph (1) of section 199(a) is amended to read
as follows:
``(1) In general.--There shall be allowed as a deduction an
amount equal to the sum of--
``(A) 9 percent of the lesser of--
``(i) the qualified production activities
income of the taxpayer for the taxable year, or
``(ii) taxable income (determined without
regard to this section) for the taxable year,
and
``(B) in the case of an eligible small business for
any taxable year beginning after 2009, 20 percent of
the lesser of--
``(i) the eligible small business income of
the taxpayer for the taxable year, or
``(ii) taxable income (determined without
regard to this section) for the taxable
year.''.
(b) Eligible Small Business; Eligible Small Business Income.--
Section 199 is amended by adding at the end the following new
subsection:
``(e) Eligible Small Business; Eligible Small Business Income.--
``(1) Eligible small business.--For purposes of this
section, the term `eligible small business' has the meaning
given such term by section 38(c)(5)(C).
``(2) Eligible small business income.--
``(A) In general.--For purposes of this section,
the term `eligible small business income' means the
excess of--
``(i) the income of the eligible small
business which--
``(I) is attributable to the actual
conduct of a trade or business,
``(II) is income from sources
within the United States (within the
meaning of section 861), and
``(III) is not passive income (as
defined in section 904(d)(2)(B)), over
``(ii) the sum of--
``(I) the cost of goods sold that
are allocable to such income, and
``(II) other expenses, losses, or
deductions (other than the deduction
allowed under this section), which are
properly allocable to such income.
``(B) Exceptions.--The following shall not be
treated as income of an eligible small business for
purposes of subparagraph (A):
``(i) Any income which is attributable to
any property described in section 1400N(p)(3).
``(ii) Any income which is attributable to
the ownership or management of any professional
sports team.
``(iii) Any income which is attributable to
a trade or business described in subparagraph
(B) of section 1202(e)(3).
``(iv) Any income which is attributable to
any property with respect to which records are
required to be maintained under section 2257 of
title 18, United States Code.
``(C) Allocation rules, etc.--Rules similar to the
rules of paragraphs (2), (3), (4)(D), and (7) of
subsection (c) shall apply for purposes of this
paragraph.
``(3) Special rules.--Except as otherwise provided by the
Secretary, rules similar to the rules of subsection (d) shall
apply for purposes of this subsection.''.
(c) Conforming Amendment.--Section 199(a)(2) is amended by striking
``paragraph (1)'' and inserting ``paragraph (1)(A)''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 7. REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS TAX.
(a) In General.--Paragraph (7) of section 1374(d) (relating to
definitions and special rules) is amended to read as follows:
``(7) Recognition period.--
``(A) In general.--The term `recognition period'
means the 5-year period beginning with the 1st day of
the 1st taxable year for which the corporation was an S
corporation.
``(B) Special rule for distributions to
shareholders.--For purposes of applying this section to
any amount includible in income by reason of
distributions to shareholders pursuant to section
593(e), subparagraph (A) shall be applied without
regard to the phrase `10-year'.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
SEC. 8. CARRYBACK OF NET OPERATING LOSSES OF CERTAIN SMALL BUSINESSES
ALLOWED FOR 5 YEARS.
Subparagraph (H) of section 172(b)(1) is amended to read as
follows:
``(H) 5-year carryback of losses of certain small
businesses.--
``(i) In general.--In the case of a net
operating loss with respect to any eligible
small business for any taxable year ending
after 2008, or, if applicable, following the
taxable year with respect to which an election
was made by such eligible small business under
this subparagraph (as in effect before the date
of the enactment of the Small Business Tax
Relief Act of 2009)--
``(I) subparagraph (A)(i) shall be
applied by substituting `5' for `2',
``(II) subparagraph (E)(ii) shall
be applied by substituting `4' for `2',
and
``(III) subparagraph (F) shall not
apply.
``(ii) Eligible small business.--For
purposes of clause (i), the term `eligible
small business' has the meaning given such term
by section 38(c)(5)(C).''.
SEC. 9. MODIFICATIONS TO EXCLUSION FOR GAIN FROM CERTAIN SMALL BUSINESS
STOCK.
(a) Temporary Increase in Exclusion.--Paragraph (3) of section
1202(a) (relating to exclusion) is amended to read as follows:
``(3) Special rules for stock acquired before 2011.--In the
case of qualified small business stock--
``(A) acquired after the date of the American
Recovery and Reinvestment Tax Act of 2009 and on or
before the date of the enactment of the Small Business
Tax Relief Act of 2009--
``(i) paragraph (1) shall be applied by
substituting `75 percent' for `50 percent', and
``(ii) paragraph (2) shall not apply, and
``(B) acquired after the date of the enactment of
the Small Business Tax Relief Act of 2009 and before
January 1, 2011--
``(i) paragraph (1) shall be applied by
substituting `100 percent' for `50 percent',
``(ii) paragraph (2) shall not apply, and
``(iii) section 57(a)(7) shall not
apply.''.
(b) Increase in Limitation.--
(1) In general.--Subparagraph (A) of section 1202(b)(1)
(relating to per-issuer limitation on taxpayer's eligible gain)
is amended by striking ``$10,000,000'' and inserting
``$15,000,000''.
(2) Married individuals.--Subparagraph (A) of section
1202(b)(3) (relating to treatment of married individuals) is
amended by striking ``paragraph (1)(A) shall be applied by
substituting `$5,000,000' for `$10,000,000''' and inserting
``the amount under paragraph (1)(A) shall be half of the amount
otherwise in effect''.
(c) Modification of Definition of Qualified Small Business.--
Section 1202(d)(1) (defining qualified small business) is amended by
striking ``$50,000,000'' each place it appears and inserting
``$75,000,000''.
(d) Inflation Adjustments.--Section 1202 (relating to partial
exclusion for gain from certain small business stock) is amended by
redesignating subsection (k) as subsection (l) and by inserting after
subsection (j) the following new subsection:
``(k) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2009, the $15,000,000 amount in subsection
(b)(1)(A), the $75,000,000 amount in subsection (d)(1)(A), and
the $75,000,000 amount in subsection (d)(1)(B) shall each be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2008' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $1,000,000 such amount shall be
rounded to the next lowest multiple of $1,000,000.''.
(e) Effective Dates.--
(1) Exclusion; qualified small business.--The amendments
made by subsections (a) and (c) shall apply to stock acquired
after the date of the enactment of this Act.
(2) Limitation; inflation adjustment.--The amendments made
by subsections (b) and (d) shall apply to taxable years ending
after the date of the enactment of this Act.
SEC. 10. DEDUCTION FOR HEALTH INSURANCE COSTS IN COMPUTING SELF-
EMPLOYMENT TAXES.
(a) In General.--Section 162(l) (relating to special rules for
health insurance costs of self-employed individuals) is amended by
striking paragraph (4) and by redesignating paragraph (5) as paragraph
(4).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Small Business Tax Relief Act of 2009 - Amends Internal Revenue Code provisions relating to small business to: (1) increase and make permanent the election to expense small business assets, including computer software, in the current taxable year; (2) reduce graduated tax rates for corporations with taxable incomes of less than $10 million; (3) exempt income attributable to business tax credits from the alternative minimum tax (AMT); (4) allow five-year carrybacks for business tax credits and small business net operating losses; (5) allow an enhanced tax deduction for income attributable to small business domestic production activities; (6) reduce to five years the recognition period for the built-in gains of S corporations; (7) exclude from gross income all gain from the sale of certain small business stock before 2011; and (8) allow a deduction from the income of self-employed individuals for health insurance costs. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide additional tax relief for small businesses, and for other purposes."} | 3,899 | 183 | 0.476838 | 1.209204 | 0.705066 | 1.977528 | 19.05618 | 0.853933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Huntington's Disease Parity Act of
2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Huntington's Disease is a progressive degenerative
neurological disease that causes total physical and mental
deterioration over a 12 to 15 year period. It affects 30,000
patients and 200,000 individuals are genetically ``at risk'' in
the United States.
(2) Huntington's Disease has a triad of clinical features,
including motor abnormalities, dementia, and disorders of mood
and perception. While movement disorders are most commonly
associated with Huntington's Disease, early symptoms are often
emotional and psychiatric. This may include personality
changes, irritability, mood swings, depression, obsessive-
compulsive behavior, inability to concentrate, and decreased
motivation.
(3) Because of its incapacitating nature, people with
Huntington's disease, including those in the early stages of
the disease, are unable to retain employment. As a result, many
people with Huntington's Disease rely solely on Social Security
Disability Income.
(4) Despite significant advances in medicine and greater
understanding of disability, the Social Security Administration
has not comprehensively revised its rules for the medical
evaluation of neurological disabilities since 1985.
(5) Because people with Huntington's Disease are frequently
not employed, many families have lost their employer-provided
health insurance benefits. As a result, many people with
Huntington's Disease do not receive necessary treatment during
the early stages of the disease.
(6) In 2000, the Centers for Medicaid & Medicare Services
waived the 24-month waiting period requirement for people
disabled by ALS (amyotropic lateral sclerosis), a degenerative
neurological condition similar to Huntington's Disease.
SEC. 3. REVISION OF THE MEDICAL CRITERIA FOR EVALUATING DISABILITY
CAUSED BY ADULT-ONSET HUNTINGTON'S DISEASE.
The Commissioner of Social Security shall revise the regulations
prescribed by the Commissioner set forth as Appendix 1 to subpart P of
part 404 of title 20 of the Code of Federal Regulations (relating to
the listing of impairments, published by the Social Security
Administration as ``Disability Evaluation Under Social Security'', and
commonly referred to as the ``Blue Book''), as follows:
(1) The Commissioner shall insert after 11.00G the
following:
``H. Huntington's Disease. Huntington's Disease is an inherited
neuropsychiatric disorder that is progressive and terminates in death
of the affected person. Recovery or remission never occurs. Treatment
is ineffective in terms of halting or slowing the progression of the
disease. The usual age of adult onset is between the ages of 30 and 50,
although the age of adult onset may be younger or older. Incapacitation
occurs relatively early in the course of this debilitating illness with
progression to total disability and dependency for all activities of
daily living. There are three characteristic clinical features: (1)
loss of ability to control bodily movements; (2) loss of ability to
think and act quickly, to learn new material and to remember, and (3)
apathy, personality changes, irritability, mood swings, depression,
anxiety, inability to concentrate, decreased motivation, obsessive-
compulsive disorder, and severe depression. Individuals with
Huntingon's Disease also exhibit poor social judgment and may be
irritable and aggressive. Inability to work is due to a combination of
cognitive disturbance, behavioral or mood changes, poor coordination of
voluntary movements, and the presence of involuntary movements.
Individuals with Huntingon's Disease, even in the relatively early
stages, have particular difficulty with decision-making, multi-tasking,
and performing under time pressure or with the stress of interpersonal
interactions. The course of the disease varies among individuals and
families. The cognitive and behavioral problems may become debilitating
before disorganization of motor functions. For other individuals, the
motor dysfunction may appear first.''.
(2) The Commissioner shall insert after 11.14 the
following:
``11.15 Huntington's Disease. With:
``A. disorganization of motor function as described in
11.04B; or
``B. chronic brain syndrome. Evaluate under 12.02, 12.04,
and 12.06.''.
(3) The Commissioner shall remove the reference in 11.17 to
``Huntington's Chorea''.
SEC. 4. REVISION OF THE MEDICAL CRITERIA FOR EVALUATING DISABILITY
CAUSED BY JUVENILE HUNTINGTON'S DISEASE.
The Commissioner of Social Security shall revise further the
regulations described in section 3 as follows:
(1) The Commissioner shall insert after 111.00E the
following:
``F. Juvenile Huntington's Disease. While there is no symptom or group
of symptoms that are absolutely required for the diagnosis of juvenile
Huntington's Disease, most affected children offer several of the
following features at the time that the diagnosis is made: motor
dysfunction, characterized by rigidity and dystonia, seizures,
declining cognitive function, behavioral or psychiatric problems such
as depression, aggressiveness and impulsiveness, irritability, mood
swings, and obsessions. Huntington's Disease is a hereditary disorder
and individuals with very early onset of Huntington's Disease are far
more likely to have an affected father than an affected mother.''.
(2) The Commissioner shall insert after 111.09 the
following:
``111.10. Junvenile Huntington's Disease. With:
``A. Motor dysfunction. Evaluate under 111.06; or
``B. Behavioral or psychiatric problems. Evaluate under
112.02, 112.06, and 112.08.''.
SEC. 5. ELIMINATION OF 24-MONTH MEDICARE DISABILITY WAITING PERIOD IN
CASES OF INDIVIDUALS WITH DISABLING HUNTINGTON'S DISEASE.
(a) In General.--Section 226(h) of the Social Security Act (42
U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by
inserting ``or Huntington's Disease'' after ``amyotrophic lateral
sclerosis (ALS)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits under title XVIII of the Social Security Act with
respect to items and services furnished in months beginning after the
date of the enactment of this Act. | Huntington's Disease Parity Act of 2008 - Directs the Commissioner of Social Security to revise the medical criteria for evaluating disability caused by adult-onset and juvenile Huntington's Disease.
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to eliminate the 24-month waiting period for Medicare eligibility for individuals disabled by Huntington's Disease. | {"src": "billsum_train", "title": "To require the Commissioner of Social Security to revise the medical criteria for evaluating disability in a person diagnosed with Huntington's Disease and to waive the 24-month waiting period for Medicare eligibility for individuals disabled by Huntington's Disease."} | 1,469 | 92 | 0.506481 | 1.354563 | 0.69437 | 3.438356 | 17.054795 | 0.890411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Female Congressional
Pioneers Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The 75 women currently serving in the House of
Representatives owe a debt of gratitude to all of their
foremothers who broke down barriers, both in their election to,
and in the important legislative work they accomplished as
Members of, the House of Representatives.
(2) 5 women in particular stand out for their status as the
``first'' women in certain categories.
(3) In 1916, Jeannette Rankin broke new ground by becoming
the first woman elected to the House of Representatives,
representing the State of Montana, first from 1917 to 1919 and
later from 1941 to 1943.
(4) Jeannette Rankin's first election was all the more
remarkable, considering that it came 3 years before women's
suffrage was a legally guaranteed right throughout the United
States.
(5) Jeannette Rankin directly contributed to a woman's
right to vote when she introduced a resolution in 1919 to
support a women's suffrage amendment to the Constitution of the
United States.
(6) Jeannette Rankin remained dedicated to a peaceful
world, both by voting against the declarations of World War I
and World War II (and in fact was the only Representative to
vote against the declaration of World War II) and by working
tirelessly to promote peace during her years outside of
Congress.
(7) In 1924, Mary Teresa Norton became the first Democratic
woman elected to the House of Representatives, and one of a
small number of women during that period who were elected in
their own right and not to replace their husbands, representing
New Jersey's 12th Congressional District from 1925 to 1951.
(8) Mary Norton served as the chair of the Committee on the
District of Columbia from 1931 to 1937, effectively governing
the city, which had no municipal government of its own at that
time.
(9) In 1934, Mary Norton became the first woman to chair a
major political party in a State, as head of the New Jersey
State Committee.
(10) Mary Norton was instrumental in the drafting and
passage in 1938 of a major piece of President Franklin D.
Roosevelt's New Deal, the Fair Labor Standards Act, which
established a minimum wage, a maximum workweek, overtime pay,
and a prohibition on child labor.
(11) In 1964, Patsy Takemoto Mink became the first Asian-
American woman elected to the House of Representatives,
representing Hawaii's 2nd Congressional District from 1965 to
1977 and again from 1991 until her death in 2002.
(12) Patsy Mink secured an assignment to the Committee on
Education and Labor, for which her previous expertise and
interests made her well suited, and used her time on that
Committee to introduce the first child care bill, as well as
bills to provide for bilingual education, student loans,
special education, and the Head Start program.
(13) Patsy Mink gained passage in 1965 of legislation to
support the construction of schools in the Trust Territory of
the Pacific Islands.
(14) Patsy Mink established the Democratic Women's Caucus
in 1995 and served as its first chair.
(15) In 1968, Shirley Anita St. Hill Chisholm made history
by becoming the first African-American woman elected to the
House of Representatives, representing New York's 12th
Congressional District until her retirement in 1983.
(16) Shirley Chisholm was a founding member of the
Congressional Black Caucus, a fierce advocate for women's
rights and democracy, and a staunch opponent of the Vietnam
War.
(17) Shirley Chisholm was an outspoken advocate for equal
rights, early childhood education, fair labor standards, and
the Martin Luther King, Jr. holiday effort.
(18) Shirley Chisholm further cemented her place in history
when she became the first African-American person to seek a
major political party's nomination for President in 1972.
(19) In 1920, Edith Nourse Rogers became the first
congresswoman from New England and, when she died in 1960 after
35 years of service to Massachusetts, became the longest-
serving Congresswoman.
(20) In 1929, Edith Rogers became the first woman to gavel
the House of Representatives to order.
(21) Edith Rogers became the first woman in Congress to
have her name attached to a bill, which bill eventually
achieved enactment in 1938 and established the National Cancer
Institute.
(22) There is a genuine need to honor these women, and
others like them, more often in our Nation's artistic and
cultural venues.
SEC. 3. SPECIAL POSTAGE STAMP.
In order to afford the public a convenient means by which to
contribute towards the acquisition (for public display in the United
States Capitol and other appropriate venues) of works of art honoring
Jeannette Rankin, Mary Teresa Norton, Patsy Takemoto Mink, Shirley
Anita St. Hill Chisholm, Edith Nourse Rogers, and other female pioneers
in U.S. Government service and to American life, the United States
Postal Service shall provide for the issuance and sale of a semipostal
in accordance with section 416 of title 39, United States Code, subject
to the following:
(1) Disposition of amounts received.--All amounts becoming
available from the sale of the semipostal shall be transferred
by the Postal Service to the Capitol Preservation Commission
and the House Fine Arts Board (which is hereby authorized to
accept any such amounts) under such arrangements as the Postal
Service and those entities shall by mutual agreement establish
in order to carry out the purposes of this Act.
(2) No effect on authority to issue other stamps.--No
semipostal issued pursuant to this Act shall be taken into
account for purposes of applying any numerical limitation
established under section 416(e)(1)(C) of such title 39.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``semipostal'' has the meaning given such term
by section 416(a)(1) of title 39, United States Code;
(2) any determination of the ``amounts becoming available''
from the sale of the semipostal described in section 3 shall be
made in accordance with section 416(d) of title 39, United
States Code;
(3) the term ``Capitol Preservation Commission'' means the
United States Capitol Preservation Commission, established by
section 801 of Public Law 100-696 (2 U.S.C. 2081); and
(4) the term ``House Fine Arts Board'' means the House of
Representatives Fine Arts Board, established by section 1001 of
Public Law 100-696 (2 U.S.C. 2121). | Honoring Female Congressional Pioneers Act of 2009 - Directs the Postal Service to provide for the issuance and sale of a semipostal in order to afford the public a convenient means to contribute towards the acquisition (for public display) of works of art honoring Jeanette Rankin, Mary Teresa Norton, Patsy Takemoto Mink, Shirley Anita St. Hill Chisholm, Edith Nourse Rogers, and other female pioneers in U.S. government service and American life. | {"src": "billsum_train", "title": "To provide for the issuance of a semipostal in order to afford a convenient means by which members of the public may contribute towards the acquisition of works of art to honor female pioneers in Government service."} | 1,462 | 113 | 0.319526 | 1.080647 | 0.048747 | 7.911392 | 17.278481 | 0.974684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Infants Act of
2015''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Opioid prescription rates have risen dramatically over
the past several years. According to the Centers for Disease
Control and Prevention, in some States, there are as many as 96
to 143 prescriptions for opioids per 100 adults per year.
(2) In recent years, there has been a steady rise in the
number of overdose deaths involving heroin. According to the
Centers for Disease Control and Prevention, the death rate for
heroin overdose doubled from 2010 to 2012.
(3) At the same time, there has been an increase in cases
of neonatal abstinence syndrome (referred to in this section as
``NAS''). In the United States, the incidence of NAS has risen
from 1.20 per 1,000 hospital births in 2000 to 3.39 per 1,000
hospital births in 2009.
(4) NAS refers to medical issues associated with drug
withdrawal in newborns due to exposure to opioids or other
drugs in utero.
(5) The average cost of treatment in a hospital for NAS
increased from $39,400 in 2000 to $53,400 in 2009. Most of
these costs are born by the Medicaid program.
(6) Preventing opioid abuse among pregnant women and women
of childbearing age is crucial.
(7) Medically appropriate opioid use in pregnancy is not
uncommon, and opioids are often the safest and most appropriate
treatment for moderate to severe pain for pregnant women.
(8) Addressing NAS effectively requires a focus on women of
childbearing age, pregnant women, and infants from
preconception through early childhood.
(9) NAS can result from the use of prescription drugs as
prescribed for medical reasons, from the abuse of prescription
drugs, or from the use of illegal opioids like heroin.
(10) For pregnant women who are abusing opioids, it is most
appropriate to treat and manage maternal substance use in a
non-punitive manner.
(11) According to a report of the Government Accountability
Office (referred to in this section as the ``GAO report''),
more research is needed to optimize the identification and
treatment of babies with NAS and to better understand long-term
impacts on children.
(12) According to the GAO report, the Department of Health
and Human Services does not have a focal point to lead planning
and coordinating efforts to address prenatal opioid use and NAS
across the department.
(13) According to the GAO report, ``given the increasing
use of heroin and abuse of opioids prescribed for pain
management, as well as the increased rate of NAS in the United
States, it is important to improve the efficiency and
effectiveness of planning and coordination of Federal efforts
on prenatal opioid use and NAS''.
SEC. 3. DEVELOPING RECOMMENDATIONS FOR PREVENTING AND TREATING PRENATAL
OPIOID ABUSE AND NEONATAL ABSTINENCE SYNDROME.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), acting through the
Director of the Agency for Healthcare Research and Quality (referred to
in this section as the ``Director''), shall conduct a study and develop
recommendations for preventing and treating prenatal opioid abuse and
neonatal abstinence syndrome, soliciting input from nongovernmental
entities, including organizations representing patients, health care
providers, hospitals, other treatment facilities, and other entities,
as appropriate.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Director shall publish on the Internet Web site of the
Agency for Healthcare Research and Quality a report on the study and
recommendations under subsection (a). Such report shall address each of
the issues described in paragraphs (1) through (3) of subsection (c).
(c) Contents.--The study described in subsection (a) and the report
under subsection (b) shall include--
(1) a comprehensive assessment of existing research with
respect to the prevention, identification, treatment, and long-
term outcomes of neonatal abstinence syndrome, including the
identification and treatment of pregnant women or women who may
become pregnant who use opioids or other drugs;
(2) an evaluation of--
(A) the causes of and risk factors for opioid use
disorders among women of reproductive age, including
pregnant women;
(B) the barriers to identifying and treating opioid
use disorders among women of reproductive age,
including pregnant and postpartum women and women with
young children;
(C) current practices in the health care system to
respond to and treat pregnant women with opioid use
disorders and infants born with neonatal abstinence
syndrome;
(D) medically indicated use of opioids during
pregnancy;
(E) access to treatment for opioid use disorders in
pregnant and postpartum women; and
(F) access to treatment for infants with neonatal
abstinence syndrome; and
(3) recommendations on--
(A) preventing, identifying, and treating neonatal
abstinence syndrome in infants;
(B) treating pregnant women who are dependent on
opioids; and
(C) preventing opioid dependence among women of
reproductive age, including pregnant women, who may be
at risk of developing opioid dependence.
SEC. 4. IMPROVING PREVENTION AND TREATMENT FOR PRENATAL OPIOID ABUSE
AND NEONATAL ABSTINENCE SYNDROME.
(a) Review of Programs.--The Secretary shall lead a review of
planning and coordination within the Department of Health and Human
Services related to prenatal opioid use and neonatal abstinence
syndrome.
(b) Strategy To Close Gaps in Research and Programming.--In
carrying out subsection (a), the Secretary shall develop a strategy to
address research and program gaps, including such gaps identified in
findings made by reports of the Government Accountability Office. Such
strategy shall address--
(1) gaps in research, including with respect to--
(A) the most appropriate treatment of pregnant
women with opioid use disorders;
(B) the most appropriate treatment and management
of infants with neonatal abstinence syndrome; and
(C) the long-term effects of prenatal opioid
exposure on children; and
(2) gaps in programs, including--
(A) the availability of treatment programs for
pregnant and postpartum women and for newborns with
neonatal abstinence syndrome; and
(B) guidance and coordination in Federal efforts to
address prenatal opioid use or neonatal abstinence
syndrome.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report on the
findings of the review described in subsection (a) and the strategy
developed under subsection (b).
SEC. 5. IMPROVING DATA ON AND PUBLIC HEALTH RESPONSE TO NEONATAL
ABSTINENCE SYNDROME.
(a) Data and Surveillance.--The Director of the Centers for Disease
Control and Prevention shall, as appropriate--
(1) provide technical assistance to States to improve the
availability and quality of data collection and surveillance
activities regarding neonatal abstinence syndrome, including--
(A) the incidence and prevalence of neonatal
abstinence syndrome;
(B) the identification of causes for neonatal
abstinence syndrome, including new and emerging trends;
and
(C) the demographics and other relevant information
associated with neonatal abstinence syndrome;
(2) collect available surveillance data described in
paragraph (1) from States, as applicable; and
(3) make surveillance data collected pursuant to paragraph
(2) publically available on an appropriate Internet Web site.
(b) Public Health Response.--The Director of the Centers for
Disease Control and Prevention shall encourage increased utilization of
effective public health measures to reduce neonatal abstinence
syndrome.
Passed the House of Representatives September 8, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . Protecting Our Infants Act of 2015 (Sec. 3) This bill requires the Agency for Healthcare Research and Quality to report on prenatal opioid abuse and neonatal abstinence syndrome (symptoms of withdrawal in a newborn). (An opioid is a drug with effects similar to opium, such as heroin or certain pain medications.) The report must include: an assessment of existing research on neonatal abstinence syndrome; an evaluation of the causes, and barriers to treatment, of opioid use disorders among women of reproductive age; an evaluation of treatment for pregnant women with opioid use disorders and infants with neonatal abstinence syndrome; and recommendations on preventing, identifying, and treating opioid dependency in women and neonatal abstinence syndrome. (Sec. 4) The Department of Health and Human Services must review its activities related to prenatal opioid use and neonatal abstinence syndrome and develop a strategy to address gaps in research and programs. (Sec. 5) The Centers for Disease Control and Prevention must provide technical assistance to states to improve neonatal abstinence syndrome surveillance and make surveillance data publicly available. | {"src": "billsum_train", "title": "Protecting Our Infants Act of 2015"} | 1,768 | 254 | 0.538106 | 1.540479 | 0.745859 | 3.131707 | 7.887805 | 0.917073 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing Loopholes Against Money-
Laundering Practices Act'' or the ``CLAMP Act''.
SEC. 2. REQUIREMENT OF EIN FOR UNITED STATES ENTITIES.
(a) In General.--Section 6109 of the Internal Revenue Code of 1986
is amended by inserting after subsection (d) the following new
subsection:
``(e) Requirement of EIN for United States Entities.--
``(1) In general.--Except as otherwise determined by the
Secretary, every United States entity shall obtain and have an
employer identification number assigned by the Secretary.
``(2) Definitions.--For purposes of this subsection--
``(A) United states entity.--Except as may be
provided by regulations, the term `United States
entity' means any business entity created or organized
in the United States or under the law of the United
States or of a State, possession, or territory of the
United States.
``(B) Exception.--The term `United States entity'
does not include any organization which is exempt from
taxation under section 501(a).
``(C) United states.--The term `United States'
includes the States, the District of Columbia, and the
possessions and territories of the United States.
``(3) Time and manner of application.--The Secretary shall
set forth the time and manner for a United States entity that
does not have an employer identification number to obtain such
a number.''.
(b) Civil Penalty.--
(1) In general.--Part I of subchapter B of chapter 68 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 6720D. PENALTY FOR FAILURES RELATING TO EMPLOYER IDENTIFICATION
NUMBERS.
``(a) Failure To Have an Identifying Number.--
``(1) In general.--Any United States entity (as defined in
section 6109(e)(2)(A)) that fails to obtain an employer
identification number in accordance with section 6109(e)(1)
shall pay a penalty of $10,000.
``(2) Joint and several liability.--Notwithstanding section
6671(a), if a United States entity does not pay a penalty
assessed under paragraph (1) within 60 days after the date of
the notice and demand for payment, any person who is treated as
a responsible party with respect to such entity at any time
during the period beginning on the date the entity was required
to obtain such number and ending on the date that is 60 days
after the date of the notice and demand for payment shall be
jointly and severally liable with the entity for such penalty.
``(b) Failure To Provide Required Information.--
``(1) In general.--Any person who fails to provide
information required by the Secretary under section 6109(c)
(including updating previously submitted information as the
Secretary may require by regulations) shall pay a penalty of
$100 for each such failure.
``(2) Intentional failures.--In the case of a failure that
the Secretary determines to be intentional, paragraph (1) shall
be applied by substituting `$1,000' for `$100'. For purposes of
the preceding sentence, a pattern of failing to provide or
update information shall be treated as intentional failure.
``(3) Joint and several liability.--Notwithstanding section
6671(a), if any United States entity (as defined in section
6109(e)(2)(A)) does not pay a penalty assessed under paragraph
(1) within 60 days after the date of the notice and demand for
payment, any person who at any time during the period beginning
on the date the entity was required to provide the information
under paragraph (1) and ending on the date that is 60 days
after the date of the notice and demand for payment is treated
as a responsible party with respect to such entity shall be
jointly and severally liable with such entity for such penalty.
``(4) Coordination with subsection (a).--No penalty shall
be imposed under this subsection for any taxable year with
respect to which a penalty is imposed under subsection (a) on
the same entity.
``(c) Reasonable Cause.--No penalty shall apply under subsection
(a) or (b) if it is shown that the failure to satisfy the requirements
of section 6109(e) or 6109(c), as the case may be, is due to reasonable
cause and not due to willful neglect.''.
(2) Clerical amendment.--The table of sections for part I
of subchapter B of chapter 68 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 6720D. Penalty for failures relating to employer identification
numbers.''.
(c) Criminal Penalty.--
(1) In general.--Part I of subchapter A of chapter 75 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 7218. WILLFUL FAILURE TO OBTAIN AN EMPLOYER IDENTIFICATION
NUMBER.
``Any person who willfully attempts in any manner to evade or
defeat the employer identification number requirement of section
6109(e) or any regulations thereunder for the purpose of hiding the
existence of an entity or the identity of its responsible party shall,
in addition to any other penalties provided by law, be guilty of a
felony and, upon conviction thereof, shall be fined not more than
$100,000 ($500,000 in the case of a corporation), or imprisoned not
more than 5 years, or both, together with the costs of prosecution.''.
(2) Clerical amendment.--The table of sections for part I
of subchapter A of chapter 75 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 7218. Willful failure to obtain an employer identification
number.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply to United States
entities (as defined in section 6109(e)(2)(A) of the Internal
Revenue Code of 1986) formed on or after the date that is 180
days after the date of the enactment of this Act.
(2) Application to existing united states entities.--With
respect to United States entities (as so defined) in existence
on the day before the date specified in paragraph (1), the
amendment made by subsection (a) shall take effect on the date
that is 3 years after the date of the enactment of this Act.
(3) Issuance of identifying numbers with respect to
existing entities.--Not later than the date that is 3 years
after the date of the enactment of this Act, the Secretary of
the Treasury shall provide a method for all United States
entities (as so defined) to whom paragraph (1) does not apply
to obtain an identifying number under section 6109(e) of such
Code, and shall assign such an identifying number to each such
entity.
(4) Penalties.--With respect to a United States entity (as
so defined), the amendments made by subsections (b) and (c)
shall apply to failures after the date described in paragraph
(1) or (2), whichever is applicable.
SEC. 3. DISCLOSURE OF RESPONSIBLE PARTY IDENTITY FOR USE IN ANTI-MONEY
LAUNDERING AND COUNTERTERRORISM INVESTIGATIONS AND
PROSECUTIONS.
(a) In General.--Subsection (i) of section 6103 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(9) Disclosure upon request of responsible party identity
for use in anti-money laundering and counterterrorism
investigations and prosecutions.--
``(A) In general.--Except as provided in paragraph
(6), after taking into consideration the factors
described in subparagraph (B), the Secretary may
disclose, upon written request, to the individuals
described in subparagraph (C) taxpayer identity
information consisting of--
``(i) the name and employer identification
number of the specific entity to whom the
request relates,
``(ii) the name and identifying number, and
any available contact information, of the
responsible party and any third-party designee
reflected on the entity's application for an
employer identification number, and
``(iii) any trade name, other addresses,
entity type, or principal activity of the
business reflected on such application,
but only to the extent such information was included on
the entity's application for an employer identification
number pursuant to the requirements of section 6109(e)
or any predecessor provision or program, and to the
extent the Secretary determines such disclosure would
not seriously impair Federal tax administration.
``(B) Factors for consideration.--The factors
described in this subparagraph are whether the
information requested in such written request--
``(i) is being sought exclusively for use
in a Federal criminal investigation or
proceeding pertaining to offenses described in
clause (i) or (ii) of subparagraph (C),
``(ii) is or may be relevant to a matter
relating to such an offense, and
``(iii) cannot be reasonably obtained,
taking into account all relevant circumstances,
from any other source.
``(C) Individuals described.--For purposes of
subparagraph (A), the individuals described in this
paragraph are officers and employees of any Federal law
enforcement agency who are personally and directly
engaged in the investigation, response, or analysis, or
in any judicial, administrative, or grand jury
proceedings, pertaining to offenses under--
``(i) section 1956, 1957, 1960, 2339A,
2339B, or 2339C of title 18, United States
Code, or
``(ii) subchapter II of chapter 53 of title
31, United States Code.''.
(b) Conforming Amendments.--
(1) Paragraph (6) of section 6103 (i) of the Internal
Revenue Code of 1986 is amended by striking ``or (8)'' and
inserting ``(8), or (9)''.
(2) Paragraph (4) of section 6103(p) of such Code is
amended--
(A) by striking ``(5), or (7)'' and inserting
``(5), (7), or (9)'', and
(B) by striking ``(5) or (7)'' and inserting ``(5),
(7), or (9)''.
(c) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act. | Closing Loopholes Against Money-Laundering Practices Act or the CLAMP Act This bill amends the Internal Revenue Code to require U.S. entities to obtain and have an employer identification number (EIN) assigned by the Internal Revenue Service (IRS). The bill defines a "U.S. entity" as any business entity created or organized in the United States or under the laws of the United States or of a U.S. state, possession, or territory. The term excludes tax-exempt organizations. The bill establishes: (1) civil penalties for the failure to have an EIN or provide required information, and (2) a criminal penalty for the willful failure to obtain an EIN. The IRS may disclose to federal law enforcement officials taxpayer identify information, including an EIN and information from an application for an EIN, for use in investigations and prosecutions of specified offenses related to money laundering and supporting or financing terrorism. Prior to disclosing the information, the IRS must determine that the disclosure would not seriously impair federal tax administration and consider whether the information requested: (1) is being sought exclusively for use in a federal criminal investigation or proceeding pertaining to the specified offense, (2) is or may be relevant to a matter relating to the offense, and (3) cannot be reasonably obtained from any other source. | {"src": "billsum_train", "title": "CLAMP Act"} | 2,410 | 287 | 0.544745 | 1.663299 | 0.76553 | 2.755906 | 8.527559 | 0.866142 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Fairness Act of 2003''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
(a) In General.--Section 215(a) of the Social Security Act (42
U.S.C. 415(a)) is amended--
(1) in paragraph (4)(B)--
(A) by inserting ``(with or without the application
of paragraph (8))'' after ``would be made''; and
(B) in clause (i), by striking ``1984'' and
inserting ``1989''; and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraphs (F) and (G) of this paragraph), the amount of
the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual
becomes eligible for
The applicable
such benefits in:
percentage is:
1979............................... 55 percent
1980............................... 45 percent
1981............................... 35 percent
1982............................... 32 percent
1983............................... 25 percent
1984............................... 20 percent
1985............................... 16 percent
1986............................... 10 percent
1987............................... 3 percent
1988............................... 5 percent.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.
``(G)(i) This paragraph shall apply in the case of any individual
subject to any timely election to receive lump sum payments under this
subparagraph.
``(ii) A written election to receive lump sum payments under this
subparagraph, in lieu of the application of this paragraph to the
computation of the primary insurance amount of an individual described
in paragraph (4)(B), may be filed with the Commissioner of Social
Security in such form and manner as shall be prescribed in regulations
of the Commissioner. Any such election may be filed by such individual
or, in the event of such individual's death before any such election is
filed by such individual, by any other beneficiary entitled to benefits
under section 202 on the basis of such individual's wages and self-
employment income. Any such election filed after December 31, 2003,
shall be null and void and of no effect.
``(iii) Upon receipt by the Commissioner of a timely election filed
by the individual described in paragraph (4)(B) in accordance with
clause (ii)--
``(I) the Commissioner shall certify receipt of such
election to the Secretary of the Treasury, and the Secretary of
the Treasury, after receipt of such certification, shall pay
such individual, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000,
in 4 annual lump sum installments of $1,250, the first of which
shall be made during fiscal year 2004 not later than July 1,
2004, and
``(II) subparagraph (A) shall not apply in determining such
individual's primary insurance amount.
``(iv) Upon receipt by the Commissioner as of December 31, 2003, of
a timely election filed in accordance with clause (ii) by at least one
beneficiary entitled to benefits on the basis of the wages and self-
employment income of a deceased individual described in paragraph
(4)(B), if such deceased individual has filed no timely election in
accordance with clause (ii)--
``(I) the Commissioner shall certify receipt of all such
elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of
such certification, shall pay each beneficiary filing such a
timely election, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000
(or, in the case of 2 or more such beneficiaries, such amount
distributed evenly among such beneficiaries), in 4 equal annual
lump sum installments, the first of which shall be made during
fiscal year 2004 not later than July 1, 2004, and
``(II) solely for purposes of determining the amount of
such beneficiary's benefits, subparagraph (A) shall be deemed
not to apply in determining the deceased individual's primary
insurance amount.''.
(b) Effective Date and Related Rules.--
(1) Applicability of amendments.--
(A) In general.--Except as provided in paragraph
(2), the amendments made by this Act shall be effective
as though they had been included or reflected in
section 201 of the Social Security Amendments of 1977.
(B) Applicability.--No monthly benefit or primary
insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for
any month before July 2004.
(2) Recomputation to reflect benefit increases.--
Notwithstanding section 215(f)(1) of the Social Security Act,
the Commissioner of Social Security shall recompute the primary
insurance amount so as to take into account the amendments made
by this Act in any case in which--
(A) an individual is entitled to monthly insurance
benefits under title II of such Act for June 2004; and
(B) such benefits are based on a primary insurance
amount computed--
(i) under section 215 of such Act as in
effect (by reason of the Social Security
Amendments of 1977) after December 1978, or
(ii) under section 215 of such Act as in
effect prior to January 1979 by reason of
subsection (a)(4)(B) of such section (as
amended by the Social Security Amendments of
1977). | Notch Fairness Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979, and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977.
Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988.
Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. | {"src": "billsum_train", "title": "A bill to amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to chose either lump sum payments over four years totaling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefits computation rules enacted in the Social Security Amendments of 1977, and for other purposes."} | 1,892 | 161 | 0.511995 | 1.381587 | 0.494572 | 1.851064 | 12.22695 | 0.787234 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the town of Nicodemus, in Kansas, has national
significance as the only remaining western town established by
African-Americans during the Reconstruction period following
the Civil War;
(2) the town of Nicodemus is symbolic of the pioneer spirit
of African-Americans who dared to leave the only region they
had been familiar with to seek personal freedom and the
opportunity to develop their talents and capabilities; and
(3) the town of Nicodemus continues to be a viable African-
American community.
(b) Purposes.--The purposes of this Act are--
(1) to preserve, protect, and interpret for the benefit and
enjoyment of present and future generations, the remaining
structures and locations that represent the history (including
the settlement and growth) of the town of Nicodemus, Kansas;
and
(2) to interpret the historical role of the town of
Nicodemus in the Reconstruction period in the context of the
experience of westward expansion in the United States.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historic site.--The term ``historic site'' means the
Nicodemus National Historic Site established by section 3.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.
(a) Establishment.--There is established the Nicodemus National
Historic Site in Nicodemus, Kansas.
(b) Description.--
(1) In general.--The historic site shall consist of the
First Baptist Church, the St. Francis Hotel, the Nicodemus
School District Number 1, the African Methodist Episcopal
Church, and the Township Hall located within the approximately
161.35 acres designated as the Nicodemus National Landmark in
the Township of Nicodemus, Graham County, Kansas, as registered
on the National Register of Historic Places pursuant to section
101 of the National Historic Preservation Act (16 U.S.C. 470a),
and depicted on a map entitled ``Nicodemus National Historic
Site'', numbered 80,000 and dated August 1994.
(2) Map and boundary description.--The map referred to in
paragraph (1) and an accompanying boundary description shall be
on file and available for public inspection in the office of
the Director of the National Park Service and any other office
of the National Park Service that the Secretary determines to
be an appropriate location for filing the map and boundary
description.
SEC. 4. ADMINISTRATION OF THE HISTORIC SITE.
(a) In General.--The Secretary shall administer the historic site
in accordance with--
(1) this Act; and
(2) the provisions of law generally applicable to units of
the National Park System, including the Act entitled ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of
August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et
seq.).
(b) Cooperative Agreements.--To further the purposes specified in
section 1(b), the Secretary may enter into a cooperative agreement with
any interested individual, public or private agency, organization, or
institution.
(c) Technical and Preservation Assistance.--
(1) In general.--The Secretary may provide to any eligible
person described in paragraph (2) technical assistance for the
preservation of historic structures of, the maintenance of the
cultural landscape of, and local preservation planning for, the
historic site.
(2) Eligible persons.--The eligible persons described in
this paragraph are--
(A) an owner of real property within the boundary
of the historic site, as described in section 3(b); and
(B) any interested individual, agency,
organization, or institution that has entered into an
agreement with the Secretary pursuant to subsection
(b).
SEC. 5. ACQUISITION OF REAL PROPERTY.
(a) In General.--Subject to subsection (b), the Secretary is
authorized to acquire by donation, exchange, or purchase with funds
made available by donation or appropriation, such lands or interests in
lands as may be necessary to allow for the interpretation,
preservation, or restoration of the First Baptist Church, the St.
Francis Hotel, the Nicodemus School District Number 1, the African
Methodist Episcopal Church, or the Township Hall, as described in
section 3(b)(1), or any combination thereof.
(b) Limitations.--
(1) Acquisition of property owned by the state of kansas.--
Real property that is owned by the State of Kansas or a
political subdivision of the State of Kansas that is acquired
pursuant to subsection (a) may only be acquired by donation.
(2) Consent of owner required.--No real property may be
acquired under this section without the consent of the owner of
the real property.
SEC. 6. GENERAL MANAGEMENT PLAN.
(a) In General.--Not later than the last day of the third full
fiscal year beginning after the date of enactment of this Act, the
Secretary shall, in consultation with the officials described in
subsection (b), prepare a general management plan for the historic
site.
(b) Consultation.--In preparing the general management plan, the
Secretary shall consult with an appropriate official of each of the
following:
(1) The Nicodemus Historical Society.
(2) The Kansas Historical Society.
(3) Appropriate political subdivisions of the State of
Kansas that have jurisdiction over all or a portion of the
historic site.
(c) Submission of Plan to Congress.--Upon the completion of the
general management plan, the Secretary shall submit a copy of the plan
to--
(1) the Committee on Energy and Natural Resources of the
Senate; and
(2) the Committee on Resources of the House of
Representatives.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as are necessary to carry out this Act. | Establishes the Nicodemus National Historic Site in Nicodemus, Kansas.
Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning; and (2) acquire certain real property in connection with the Site.
Directs the Secretary to: (1) prepare a general management plan for the Site; and (2) submit a copy of the plan to specified congressional committees.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish the Nicodemus National Historic Site in Kansas, and for other purposes."} | 1,317 | 102 | 0.580388 | 1.783893 | 0.434991 | 3.265306 | 12.367347 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Fairness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Women have entered the workforce in record numbers.
(2) Even in the 1990s, women earn significantly lower pay
than men for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce; and
(G) interferes with the orderly and fair marketing
of goods in commerce.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist more than 3 decades after the enactment of
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay.
(5) Only with increased information about the provisions
added by the Equal Pay Act of 1963 and generalized wage data,
along with more effective remedies, will women recognize and
enforce their rights to equal pay for work on jobs that require
equal skill, effort, and responsibility and that are performed
under similar working conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.
SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
(1) by striking ``or has'' each place it appears and
inserting ``has''; and
(2) by inserting before the semicolon the following: ``, or
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee''.
(b) Enhanced Penalties.--Section 16(b) of such Act (29 U.S.C.
216(b)) is amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate.'';
(2) in the sentence beginning ``An action to'', by striking
``either of the preceding sentences'' and inserting ``any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees shall'', by
striking ``No employees'' and inserting ``Except with respect
to class actions brought to enforce section 6(d), no employee'';
(4) by inserting after such sentence the following:
``Notwithstanding any other provision of Federal law, any
action brought to enforce section 6(d) may be maintained as a
class action as provided by the Federal Rules of Civil
Procedure.''; and
(5) in the sentence beginning ``The court in''--
(A) by striking ``in such action'' and inserting
``in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
``, including expert fees''.
(c) Action.--Section 16(c) of such Act (29 U.S.C. 216(c)) is
amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ``and the agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ``and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''; and
(4) in the last sentence, by inserting after ``in the
complaint'' the following: ``or becomes a party plaintiff in a
class action brought to enforce section 6(d)''.
SEC. 4. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
Section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4) is
amended by adding at the end the following new subsection:
``(l)(1) The Commission shall, by regulation, require each employer
who has 100 or more employees for each working day in each of 20 or
more calendar weeks in the current or preceding calendar year to
maintain payroll records and to prepare and submit to the Commission
reports containing information from the records. The reports shall
contain pay information, analyzed by the race, sex, and national origin
of the employees. The reports shall not disclose the pay information of
an employee in a manner that permits the identification of the
employee.
``(2) The third through fifth sentences of section 709(c) shall
apply to employers, regulations, and records described in paragraph (1)
in the same manner and to the same extent as the sentences apply to
employers, regulations, and records described in such section.''.
SEC. 5. TRAINING.
The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 8(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.
SEC. 6. RESEARCH, EDUCATION, AND OUTREACH.
The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials, relating to
eliminating the pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities;
(6) convening a national summit to discuss, and consider
approaches for rectifying, the pay disparities; and
(7) issuing to employers voluntary pay guidelines for the
relative pay ranges of a selection of male- and female-
dominated widely held occupations.
SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.
(a) In General.--There is established the Robert Reich National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ``Robert Reich National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials, and bear such additional inscriptions, as the Secretary may
prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary, at such
time, in such manner, and containing such information as the
Secretary may require, including at a minimum information that
demonstrates that the business has made substantial effort to
eliminate pay disparities between men and women, and deserves
special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary, the President or the designated representative of
the President shall annually present the award described in
subsection (a) to businesses that meet the qualifications
described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award with
such ceremonies as the President or the designated
representative of the President may determine to be
appropriate.
(3) Publicity.--A business that receives an award under
this section may publicize the receipt of the award and use the
award in its advertising, if the business agrees to help other
United States businesses improve with respect to the
elimination of pay disparities between men and women.
(d) Business.--For the purposes of this section, the term
``business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).
SEC. 8. INCREASED RESOURCES FOR ENFORCEMENT AND EDUCATION.
(a) General Resources.--
(1) Equal Employment Opportunity Commission.--There is
authorized to be appropriated to the Equal Employment
Opportunity Commission, for necessary expenses of the
Commission in carrying out title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.), title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.), the Age
Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
seq.), and section 6(d) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(d)), $36,000,000, in addition to sums otherwise
appropriated for such expenses. Any amounts so appropriated
shall remain available until expended.
(2) Office of Federal Contract Compliance Programs.--There
is authorized to be appropriated to the Office of Federal
Contract Compliance Programs for necessary expenses of the
Office $10,000,000 in addition to sums otherwise appropriated
for such expenses. Any amounts so appropriated shall remain
available until expended.
(b) Targeted Resources.--
(1) Equal Employment Opportunity Commission.--There is
authorized to be appropriated to the Equal Employment
Opportunity Commission to carry out section 5, $500,000, in
addition to sums otherwise appropriated for providing training
described in such section. Any amounts so appropriated shall
remain available until expended.
(2) Office Federal Contract Compliance Programs.--There is
authorized to be appropriated to the Office of Federal Contract
Compliance Programs to carry out section 5, $500,000, in
addition to sums otherwise appropriated for providing training
described in such section. Any amounts so appropriated shall
remain available until expended.
(c) Research, Education, Outreach, and National Award.--There is
authorized to be appropriated to the Secretary of Labor to carry out
sections 6 and 7, $1,000,000. Any amounts so appropriated shall remain
available until expended. | Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) and the Civil Rights Act of 1964 (CRA) to revise and increase remedies and enforcement on behalf of victims of discrimination in the payment of wages on the basis of sex.
Amends FLSA to provide for enhanced enforcement of equal pay requirements (also known as the Equal Pay Act of 1963), adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases.
Amends CRA to direct the Equal Employment Opportunity Commission (EEOC) to require certain employers to maintain payroll records and report to the EEOC pay information analyzed by race, sex, and national origin of employees. Applies such requirement to employers who have 100 or more employees for each working day in each of 20 or more calendar weeks.
Requires EEOC and the Office of Federal Contract Compliance Programs (OFCCP) to train EEOC employees and affected individuals and entities on matters involving discrimination in the payment of wages.
Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities.
Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award.
Authorizes appropriations to the EEOC, the OFCCP, and the Secretary to carry out this Act. | {"src": "billsum_train", "title": "Paycheck Fairness Act"} | 2,668 | 356 | 0.448724 | 1.420734 | 0.761717 | 4.704319 | 8.179402 | 0.843854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm Estate Tax Relief Act of
2010''.
SEC. 2. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND SO LONG AS
FARMLAND USE CONTINUES.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. EXCLUSION OF CERTAIN FARMLAND SO LONG AS USE AS FARMLAND
CONTINUES.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the adjusted value of qualified farmland included in the estate.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the executor elects the application of this section
and files an agreement referred to in section 2032A(d)(2), and
``(2) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States.
``(c) Definitions.--For purposes of this section--
``(1) Qualified farmland.--The term `qualified farmland'
means any real property which--
``(A) is located in the United States,
``(B) is used as a farm for farming purposes
(within the meaning of section 2032A(e)),
``(C) was acquired from or passed from the decedent
to a qualified heir of the decedent and which, on the
date of the decedent's death, was being so used by the
decedent or a member of the decedent's family, and
``(D) is property designated in the agreement filed
under subsection (b)(1).
``(2) Other terms.--Any other term used in this section
which is also used in section 2032A shall have the same meaning
given such term by section 2032A.
``(d) Tax Treatment of Dispositions and Failures To Use for Farming
Purposes.--
``(1) Imposition of recapture tax.--If, at any time after
the decedent's death and before the death of the qualified
heir--
``(A) the qualified heir disposes of any interest
in qualified farmland (other than by a disposition to a
member of his family), or
``(B) the qualified heir ceases to use the real
property which was acquired (or passed) from the
decedent as a farm for farming purposes,
then, there is hereby imposed a recapture tax.
``(2) Amount of recapture tax, etc.--
``(A) In general.--Except as provided in
subparagraph (B), rules similar to the rules of section
2032A(c) (other than paragraph (2)(E) thereof) with
respect to the additional estate tax shall apply for
purposes of this subsection with respect to the
recapture tax.
``(B) Adjustment of recapture tax to reflect
increase in value of farmland.--The amount of the
recapture tax otherwise determined under rules
described in subparagraph (A) shall be increased by the
percentage (if any) by which the value of the interest
in the qualified farmland at the time of the imposition
of such tax is greater than the adjusted value of such
farmland included in the estate.
``(e) Application of Other Rules.--Rules similar to the rules of
subsections (d), (e) (other than paragraph (13) thereof), (f), (g),
(h), and (i) of section 2032A shall apply for purposes of this
section.''.
(b) Application of Lien.--Section 6324B of the Internal Revenue
Code of 1986 (relating to special lien for additional estate tax
attributable to farm, etc., valuation) is amended by adding at the end
the following new subsection:
``(e) Application to Qualified Farmland.--
``(1) In general.--In the case of any interest in qualified
farmland (within the meaning of section 2033A(c)(1)), this
section shall apply in the same manner as such section applies
to qualified real property.
``(2) Form and content.--In addition to any form and
content otherwise required by the Secretary with respect to a
notice of lien filed against qualified farmland, such notice
shall include a statement that such lien is imposed solely for
purposes of the estate tax exclusion granted with respect to
such qualified farmland under section 2033A.''.
(c) Woodlands Subject to Management Plan.--Paragraph (2) of section
2032A(c) of such Code is amended by adding at the end the following new
subparagraph:
``(F) Exception for woodlands subject to forest
stewardship plan.--
``(i) In general.--Subparagraph (E) shall
not apply to any disposition or severance of
standing timber on a qualified woodland that is
made pursuant to a forest stewardship plan
developed under the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103a) or an
equivalent plan approved by the State Forester.
``(ii) Compliance with forest stewardship
plan.--Clause (i) shall not apply if, during
the 10-year period under paragraph (1), the
qualified heir fails to comply with such forest
stewardship plan or equivalent plan.''.
(d) Certain Conservation Transactions Not Treated as
Dispositions.--Paragraph (8) of section 2032A(c) of such Code is
amended to read as follows:
``(8) Certain conservation transactions not treated as
dispositions.--
``(A) Qualified conservation contributions.--A
qualified conservation contribution by gift or
otherwise shall not be deemed a disposition under
subsection (c)(1)(A).
``(B) Qualified conservation easement sold to
qualified organization.--A sale of a qualified
conservation easement to a qualified organization shall
not be deemed a disposition under subsection (c)(1)(A).
``(C) Definitions.--For purposes of this
paragraph--
``(i) the terms `qualified conservation
contribution' and `qualified organization' have
the meanings given such terms by section
170(h), and
``(ii) the term `qualified conservation
easement' has the meaning given such term by
section 2031(c)(8).''.
(e) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 2033 the
following new item:
``Sec. 2033A. Exclusion of certain farmland so long as use as farmland
continues.''.
(f) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 3. INCREASE IN LIMITATIONS ON THE AMOUNT EXCLUDED FROM THE GROSS
ESTATE WITH RESPECT TO LAND SUBJECT TO A QUALIFIED
CONSERVATION EASEMENT.
(a) Increase in Dollar Limitation on Exclusion.--Paragraph (3) of
section 2031(c) of the Internal Revenue Code of 1986 (relating to
exclusion limitation) is amended by striking ``the exclusion limitation
is'' and all that follows and inserting ``the exclusion limitation is
$5,000,000.''.
(b) Increase in Percentage of Value of Land Which Is Excludable.--
Paragraph (2) of section 2031(c) of the Internal Revenue Code of 1986
(relating to applicable percentage) is amended--
(1) by striking ``40 percent'' and inserting ``50
percent'', and
(2) by striking ``2 percentage points'' and inserting ``2.5
percentage points''.
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying after the date of the enactment
of this Act. | Family Farm Estate Tax Relief Act of 2010 - Amends the Internal Revenue Code to: (1) exclude from the value of a decedent's gross estate farmland used by an heir for farming purposes; (2) impose a recapture tax on an heir who disposes of such farmland after the decedent's death or who ceases to use such farmland for farming purposes; and (3) increase the limitation on the estate tax exclusion for land subject to a qualified conservation easement to $5 million and the percentage of the value of such land that is excludable. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exempt certain farmland from the estate tax, and for other purposes."} | 1,875 | 127 | 0.576944 | 1.427118 | 0.634687 | 2.45283 | 14.764151 | 0.90566 |
SECTION 1. CREDIT FOR PROPERTY USED IN CERTAIN AGRICULTURE-RELATED
ACTIVITIES TO CONTROL ENVIRONMENTAL POLLUTION AND FOR
SOIL AND WATER CONSERVATION EXPENDITURES.
(a) In General.--Section 46 of the Internal Revenue Code of 1986
(relating to amount of investment credit) is amended by striking
``and'' at the end of paragraph (2), by striking the period at the end
of paragraph (3) and inserting ``, and'', and by adding at the end
thereof the following paragraph:
``(4) in the case of an eligible taxpayer (as defined in
section 48(c)), the agricultural environmental credit.''
(b) Agricultural Environmental Credit.--Section 48 of such Code is
amended by adding at the end thereof the following new subsection:
``(c) Agricultural Environmental Credit.--
``(1) In general.--For purposes of section 46, in the case
of an eligible taxpayer, the agricultural environmental credit
for any taxable year is equal to the lesser of--
``(A) the sum of--
``(i) 15 percent of the portion of the
basis of each agricultural environmental
property placed in service by the taxpayer
during such taxable year, and
``(ii) 15 percent of the amount allowed as
a deduction under section 175 (determined
without regard to paragraph (4)(B)) for such
taxable year, or
``(B) the lesser of--
``(i) $15,000, or
``(ii) the excess of--
``(I) $150,000, over
``(II) the amount of the credit
taken into account under this section
by the taxpayer for taxable years
preceding the taxable year.
``(2) Eligible taxpayer.--
``(A) In general.--For purposes of this
subsection,the term `eligible taxpayer' means any
taxpayer primarily engaged in a farming-related
business.
``(B) Farming-related business.--For purposes of
this subsection, the term `farming-related business'
means--
``(i) a farming business (as defined in
section 263A(e)(4)),
``(ii) a trade or business of mixing
fertilizers from purchased fertilizer
materials, and
``(iii) a trade or business of the
wholesale distribution of animal feeds,
fertilizers, agricultural chemicals,
pesticides, seeds, or other farm supplies
(other than grains).
``(3) Agricultural environmental property.--
``(A) In general.--For purposes of this subsection,
the term `agricultural environmental property' means
any new identifiable treatment facility--
``(i) which is used in a farming-related
business for the primary purpose of complying
with Federal, State, and local environmental
laws dealing with the abatement or control of
water, soil, or atmospheric pollution or
contamination by removing, altering, disposing,
storing, or preventing the creation or emission
of pollutants, contaminants, wastes, or heat,
and
``(ii) which does not significantly--
``(I) increase the output or
capacity, extend the useful life, or
reduce the total operating costs of
plant or property to which such
facility relates, or
``(II) alter the nature of any
manufacturing or production process or
facility.
``(B) New identifiable treatment facility.--The
term `new identifiable treatment facility' has the
meaning given such term by section 169(d)(4)(A),
determined by substituting `December 31, 1993' for
`December 31, 1968'.
``(4) Special rules.--
``(A) Coordination with energy and rehabilitation
credits.--This subsection shall not apply to--
``(i) any property to the extent the basis
of such property is attributable to qualified
rehabilitation expenditures (as defined in
section 47(c)(2)), or
``(ii) energy property.
``(B) Coordination with deduction for soil and
water conservation expenditures.--The amount which
would (but for this subparagraph) be allowed as a
deduction under section 175 for any taxable year shall
be reduced by the amount of the credit allowed by
paragraph (1)(B) for such year.
``(C) Coordination with amortization of pollution
control facilities.--This subsection shall not apply to
any property to the extent an election is made under
section 169 with respect to the basis of such
property.''
(c) Clerical Amendments.--
(1) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; AGRICULTURAL
ENVIRONMENTAL CREDIT.''
(2) The item relating to section 48 in the table of
sections for subpart E of part IV of subchapter A of chapter 1
of such Code is amended to read as follows:
``Sec. 48. Energy credit; reforestation
credit; agricultural
environmental credit.''
(d) Effective Date.--The amendments made by this section shall
apply to periods after December 31, 1993, 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). | Amends the Internal Revenue Code to allow taxpayers primarily engaged in a farming-related business an investment tax credit for a percentage of: (1) the costs of agricultural environmental property; and (2) the amount allowed as a deduction for soil and water conservation expenditures. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide taxpayers engaged in certain agriculture-related activities a credit against income tax for property used to control environmental pollution and for soil and water conservation expenditures."} | 1,200 | 57 | 0.560977 | 1.204093 | 0.666322 | 3.037736 | 20.301887 | 0.886792 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Affordability and
Security Act of 2007''.
SEC. 2. TREATMENT OF PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE
CONTRACTS.
(a) In General.--
(1) Cafeteria plans.--The last sentence of section 125(f)
of the Internal Revenue Code of 1986 (defining qualified
benefits) is amended by inserting before the period at the end
``; except that such term shall include the payment of premiums
for any qualified long-term care insurance contract (as defined
in section 7702B) to the extent the amount of such payment does
not exceed the eligible long-term care premiums (as defined in
section 213(d)(10)) for such contract''.
(2) Flexible spending arrangements.--Section 106 of such
Code (relating to contributions by an employer to accident and
health plans) is amended by striking subsection (c) and
redesignating subsection (d) as subsection (c).
(b) Conforming Amendments.--
(1) Section 6041 of such Code is amended by adding at the
end the following new subsection:
``(h) Flexible Spending Arrangement Defined.--For purposes of this
section, a flexible spending arrangement is a benefit program which
provides employees with coverage under which--
``(1) specified incurred expenses may be reimbursed
(subject to reimbursement maximums and other reasonable
conditions), and
``(2) the maximum amount of reimbursement which is
reasonably available to a participant for such coverage is less
than 500 percent of the value of such coverage.
In the case of an insured plan, the maximum amount reasonably available
shall be determined on the basis of the underlying coverage.''.
(2) The following sections of such Code are each amended by
striking ``section 106(d)'' and inserting ``section 106(c)'':
sections 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), 3231(e)(11),
3306(b)(18), 3401(a)(22), 4973(g)(1), and 4973(g)(2)(B)(i).
(3) Section 6041(f)(1) of such Code is amended by striking
``(as defined in section 106(c)(2))''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 3. ADDITIONAL CONSUMER PROTECTIONS FOR LONG-TERM CARE INSURANCE.
(a) Additional Protections Applicable to Long-Term Care
Insurance.--Subparagraphs (A) and (B) of section 7702B(g)(2) of the
Internal Revenue Code of 1986 (relating to requirements of model
regulation and Act) are amended to read as follows:
``(A) In general.--The requirements of this
paragraph are met with respect to any contract if such
contract meets--
``(i) Model regulation.--The following
requirements of the model regulation:
``(I) Section 6A (relating to
guaranteed renewal or
noncancellability), other than
paragraph (5) thereof, and the
requirements of section 6B of the model
Act relating to such section 6A.
``(II) Section 6B (relating to
prohibitions on limitations and
exclusions) other than paragraph (7)
thereof.
``(III) Section 6C (relating to
extension of benefits).
``(IV) Section 6D (relating to
continuation or conversion of
coverage).
``(V) Section 6E (relating to
discontinuance and replacement of
policies).
``(VI) Section 7 (relating to
unintentional lapse).
``(VII) Section 8 (relating to
disclosure), other than sections 8F,
8G, 8H, and 8I thereof.
``(VIII) Section 11 (relating to
prohibitions against post-claims
underwriting).
``(IX) Section 12 (relating to
minimum standards).
``(X) Section 13 (relating to
requirement to offer inflation
protection).
``(XI) Section 25 (relating to
prohibition against preexisting
conditions and probationary periods in
replacement policies or certificates).
``(XII) The provisions of section
28 relating to contingent nonforfeiture
benefits, if the policyholder declines
the offer of a nonforfeiture provision
described in paragraph (4) of this
subsection.
``(ii) Model act.--The following
requirements of the model Act:
``(I) Section 6C (relating to
preexisting conditions).
``(II) Section 6D (relating to
prior hospitalization).
``(III) The provisions of section 8
relating to contingent nonforfeiture
benefits, if the policyholder declines
the offer of a nonforfeiture provision
described in paragraph (4) of this
subsection.
``(B) Definitions.--For purposes of this
paragraph--
``(i) Model regulation.--The term `model
regulation' means the long-term care insurance
model regulation promulgated by the National
Association of Insurance Commissioners (as
adopted as of December 2006).
``(ii) Model act.--The term `model Act'
means the long-term care insurance model Act
promulgated by the National Association of
Insurance Commissioners (as adopted as of
December 2006).
``(iii) Coordination.--Any provision of the
model regulation or model Act listed under
clause (i) or (ii) of subparagraph (A) shall be
treated as including any other provision of
such regulation or Act necessary to implement
the provision.
``(iv) Determination.--For purposes of this
section and section 4980C, the determination of
whether any requirement of a model regulation
or the model Act has been met shall be made by
the Secretary.''.
(b) Excise Tax.--Paragraph (1) of section 4980C(c) of the Internal
Revenue Code of 1986 (relating to requirements of model provisions) is
amended to read as follows:
``(1) Requirements of model provisions.--
``(A) Model regulation.--The following requirements
of the model regulation must be met:
``(i) Section 9 (relating to required
disclosure of rating practices to consumer).
``(ii) Section 14 (relating to application
forms and replacement coverage).
``(iii) Section 15 (relating to reporting
requirements).
``(iv) Section 22 (relating to filing
requirements for marketing).
``(v) Section 23 (relating to standards for
marketing), including inaccurate completion of
medical histories, other than paragraphs (1),
(6), and (9) of section 23C.
``(vi) Section 24 (relating to
suitability).
``(vii) Section 27 (relating to the right
to reduce coverage and lower premiums).
``(viii) Section 31 (relating to standard
format outline of coverage).
``(ix) Section 32 (relating to requirement
to deliver shopper's guide).
The requirements referred to in clause (vi) shall not
include those portions of the personal worksheet
described in Appendix B relating to consumer protection
requirements not imposed by section 4980C or 7702B.
``(B) Model act.--The following requirements of the
model Act must be met:
``(i) Section 6F (relating to right to
return).
``(ii) Section 6G (relating to outline of
coverage).
``(iii) Section 6H (relating to
requirements for certificates under group
plans).
``(iv) Section 6J (relating to policy
summary).
``(v) Section 6K (relating to monthly
reports on accelerated death benefits).
``(vi) Section 7 (relating to
incontestability period).
``(vii) Section 9 (relating to producer
training requirements).
``(C) Definitions.--For purposes of this paragraph,
the terms `model regulation' and `model Act' have the
meanings given such terms by section 7702B(g)(2)(B).''.
(c) Effective Date.--The amendments made by this section shall
apply to policies issued more than 1 year after the date of the
enactment of this Act. | Long-Term Care Affordability and Security Act of 2007 - Amends the Internal Revenue Code to: (1) include long-term care insurance as a benefit under tax-exempt employee benefit cafeteria plans and flexible spending arrangements; and (2) make certain consumer protections applicable to long-term care insurance. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow long-term care insurance to be offered under cafeteria plans and flexible spending arrangements and to provide additional consumer protections for long-term care insurance."} | 1,845 | 67 | 0.521821 | 1.241232 | 0.792948 | 2.949153 | 28.305085 | 0.881356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thurgood Marshall Commemorative Coin
Act of 1997''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the tenure of Associate Justice
Thurgood Marshall on the Supreme Court of the United States.
(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; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with--
(A) the Supreme Court Historical Society;
(B) the family of the late Thurgood Marshall; and
(C) the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning 90 days after
the date of enactment of this Act.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided for in subsection (d) with
respect to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out this
Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Historical Preservation Committee of the Supreme Court
Historical Society for the purpose of collecting and preserving the
physical history of the Supreme Court, including--
(1) research on the history of the entire judicial branch
of the Federal Government, and public dissemination of that
research;
(2) the acquisition of objects and documents relating to
the events associated with the Supreme Court of the United
States in the course of the history of the Court; and
(3) the acquisition and preservation of documents,
portraits, and period furnishings of historical significance
affecting the history of the Supreme Court for the inspiration
and benefit of the people of the United States.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Supreme Court Historical Society as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution, the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Thurgood Marshall Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the tenure of Associate Justice Thurgood Marshall on the Supreme Court of the United States.
Mandates that all surcharges received from coin sales be paid to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Court. | {"src": "billsum_train", "title": "Thurgood Marshall Commemorative Coin Act of 1997"} | 1,307 | 85 | 0.535908 | 1.370691 | 0.691597 | 5.77027 | 15.864865 | 0.959459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm and Home Protection
Act''.
SEC. 2. REVISION OF STATE AUTHORITY IN IMPOSING LIENS AND RECOVERING
FOR MEDICAL ASSISTANCE PROPERLY MADE.
(a) Eliminating Medicaid Mandate for State Recoveries.--Subsection
(b)(1) of section 1917 of the Social Security Act (42 U.S.C. 1396p) is
amended by striking ``except that'' and all that follows and inserting
the following: ``except--
``(A) in the case of an individual described in subsection
(a)(1)(B), from the individual's estate or upon sale of the
property, subject to a lien imposed on account of medical
assistance paid on behalf of such individual, and
``(B) in the case of any other individual who is 65 years
of age or older, when the individual received such assistance,
from the individual's estate.''.
(b) Revision of Definition of Estate.--Section 1917(b)(4) of such
Act (42 U.S.C. 1396p(b)(4)) is amended--
(1) by striking ``deceased individual'' and all that
follows through ``(A) shall'' and inserting ``deceased
individual shall'', and
(2) by striking subparagraph (B).
(c) Effective Date.--The amendment made by subsection (a) shall
apply to medical assistance furnished on or after the date of the
enactment of this Act and the amendments made by subsection (b) shall
apply to individuals dying on or after such date of enactment.
SEC. 3. RESTRICTING RECOVERY OF MEDICAL ASSISTANCE PROPERLY PAID IN
OTHER FEDERALLY ASSISTED MEDICAL ASSISTANCE PROGRAMS.
(a) In General.--Notwithstanding any other provision of law, no
Federal funds shall be paid to a State under a State medical assistance
program (as defined in subsection (d)) unless the conditions of
subsections (b) and (c) are met.
(b) Limitation on Imposition of Liens.--
(1) In general.--No lien may be imposed against the
property of any individual prior to his death on account of
medical assistance paid or to be paid on his behalf under the
State medical assistance program, except--
(A) pursuant to the judgment of a court on account
of benefits incorrectly paid on behalf of such
individual, or
(B) in the case of the real property of an
individual--
(i) who is an inpatient in a nursing
facility, intermediate care facility for the
mentally retarded, or other medical
institution, if such individual is required, as
a condition of receiving services in such
institution under the State program, to spend
for costs of medical care all but a minimal
amount of his income required for personal
needs, and
(ii) with respect to whom the State
determines, after notice and opportunity for a
hearing (in accordance with procedures
established by the State), that he cannot
reasonably be expected to be discharged from
the medical institution and to return home,
except as provided in paragraph (2).
(2) Additional limitation.--No lien may be imposed under
paragraph (1)(B) on such individual's home if--
(A) the spouse of such individual,
(B) such individual's child who is under age 21 and
is blind or disabled as defined in section 1614 of the
Social Security Act, or
(C) a sibling of such individual (who has an equity
interest in such home and who was residing in such
individual's home for a period of at least one year
immediately before the date of the individual's
admission to the medical institution),
is lawfully residing in such home.
(3) Dissolution of liens.--Any lien imposed with respect to
an individual pursuant to paragraph (1)(B) shall dissolve upon
that individual's discharge from the medical institution and
return home.
(c) Limitation on Adjustment or Recovery.--
(1) In general.--No adjustment or recovery of any medical
assistance correctly paid on behalf of an individual under the
State medical assistance program may be made, except--
(A) in the case of an individual described in
subsection (b)(1)(B), from the individual's estate or
upon sale of the property, subject to a lien imposed on
account of medical assistance paid on behalf of such
individual, and
(B) in the case of any other individual who is 65
years of age or older, when the individual received
such assistance, from the individual's estate.
(2) Limitation.--Any adjustment or recovery under paragraph
(1) may be made only after the death of the individual's
surviving spouse, if any, and only at a time--
(A) when he has no surviving child who is under age
21, or (with respect to States eligible to participate
in the State program established under title XVI of the
Social Security Act) is blind or permanently and
totally disabled, or (with respect to States which are
not eligible to participate in such program) is blind
or disabled as defined in section 1614 of such Act; and
(B) in the case of a lien on an individual's home
under subsection (b)(1)(B), when--
(i) no sibling of the individual (who was
residing in the individual's home for a period
of at least one year immediately before the
date of the individual's admission to the
medical institution), and
(ii) no son or daughter of the individual
(who was residing in the individual's home for
a period of at least two years immediately
before the date of the individual's admission
to the medical institution, and who establishes
to the satisfaction of the State that he or she
provided care to such individual which
permitted such individual to reside at home
rather than in an institution),
is lawfully residing in such home and has lawfully
resided in such home on a continuous basis since the
date of the individual's admission to the medical
institution.
(3) Procedures.--The State agency responsible for
administration of the State medical assistance program shall
establish procedures (in accordance with standards specified by
the Secretary of Health and Human Services) under which the
agency shall waive the application of this subsection (other
than paragraph (1)(C)) if such application would work an undue
hardship as determined on the basis of criteria established by
the Secretary.
(4) Estate defined.--For purposes of this subsection, the
term ``estate'', with respect to a deceased individual, shall
include all real and personal property and other assets
included within the individual's estate, as defined for
purposes of State probate law.
(d) Definitions.--In this section:
(1) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
(2) State medical assistance program.--The term ``State
medical assistance program'' means the MediGrant program (under
title XXI of the Social Security Act) or other program of
Federal assistance to States for medical assistance
expenditures. | Family Farm and Home Protection Act - Amends title XIX (Medicaid) of the Social Security Act to revise a State's authority to recover from an individual's estate the cost of medical assistance properly made on his or her behalf in specified circumstances. Repeals the mandate to recover such costs. Eliminates specific recovery authority with respect to certain individuals receiving or entitled to receive benefits under a long-term care insurance policy. Increases from 55 to 65 the minimum age of Medicaid recipients from whose estates the State may recover. Repeals the inclusion in the "estate" of a deceased individual real and personal property which passed to heirs upon the individual's death.
Prohibits payment of Federal funds to a State under a State medical assistance program unless express conditions are met concerning the imposition of liens against the property of individuals receiving such assistance through the State program. Provides for the dissolution of any liens imposed upon an individual's discharge from the medical institution and return home. Prohibits any adjustment or recovery of medical assistance correctly paid on behalf or an individual under a State program, except: (1) in the case of certain institutionalized individuals, from their estate or property, subject to a lien properly imposed; and (2) in the case of recipients 65 or older, from their estate. Provides additional limitations on adjustment or recovery until after the individual's surviving spouse dies and no surviving children or siblings lawfully reside in the individual's home. | {"src": "billsum_train", "title": "Family Farm and Home Protection Act"} | 1,582 | 325 | 0.637192 | 1.82796 | 0.734325 | 2.070671 | 5.09894 | 0.798587 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fraudulent Prescription Prevention
Act of 2011''.
SEC. 2. FRAUDULENT PRESCRIPTION PREVENTION.
(a) In General.--Section 303 of the Controlled Substances Act (21
U.S.C. 823) is amended by adding at the end the following:
``(i) Fraudulent Prescription Prevention.--
``(1) Registration requirement.--The Attorney General may
not register a practitioner to dispense, or conduct research
with, a controlled substance in schedule II or III unless the
practitioner agrees to comply with the requirements of this
subsection.
``(2) Reporting applicable to prescribing.--
``(A) In general.--At the time of prescribing a
controlled substance in schedule II or III, a
practitioner shall, by means of the web portal under
paragraph (4), submit the following information to the
Attorney General:
``(i) The name, date of birth, and address
of the patient.
``(ii) The date and time of the
prescription.
``(iii) The name and amount of the
substance prescribed.
``(iv) The practitioner's Drug Enforcement
Administration registration number.
``(v) The practitioner's contact
information.
``(vi) If applicable, the prescription pad
number.
``(B) Exceptions.--
``(i) Medical emergency situation.--
Subparagraph (A) does not apply if the
practitioner is prescribing a controlled
substance in a medical emergency situation.
``(ii) Inconvenience.--If a practitioner
does not have access to the web portal under
paragraph (4) at the time of prescribing a
controlled substance, the practitioner may make
the submissions required by subparagraph (A) up
to 7 days after the time of such prescribing.
``(3) Reporting applicable to dispensing.--
``(A) In general.--Before dispensing a controlled
substance in schedule II or III, a practitioner shall,
by means of the web portal under paragraph (4), submit
the following information to the Attorney General:
``(i) Each item of information required to
be reported under paragraph (2) in connection
with prescribing the substance.
``(ii) The name, date of birth, and address
of the purchaser of the substance.
``(iii) The date and time of the dispensing
of the substance.
``(iv) The name and amount of the substance
being dispensed.
``(v) Whether the dispensing constitutes a
refill of a prescription.
``(vi) The practitioner's Drug Enforcement
Administration registration number.
``(vii) The practitioner's contact
information.
``(B) Declining to dispense.--At the time of
declining to dispense a controlled substance in
schedule II or III, a practitioner shall, by means of
the web portal under paragraph (4), submit the
following information to the Attorney General:
``(i) To the extent feasible, each item of
information that would have been required to be
reported under subparagraph (A) if the
substance had been dispensed.
``(ii) Any reason to suspect that the
individual attempting to purchase the substance
was acting pursuant to fraud.
``(4) Web portal.--The Attorney General shall establish and
maintain a web portal that--
``(A) allows a practitioner to submit information
to the Attorney General in accordance with paragraph
(2) or (3), as applicable; and
``(B) at the time of such submission, communicates
an alert to the practitioner if--
``(i) the patient or purchaser has
repeatedly refilled the same prescription or
prescriptions for the same controlled
substance;
``(ii) the patient or purchaser has
attempted to obtain or fill the same
prescription or multiple prescriptions for the
same controlled substance within the preceding
30 days;
``(iii) the patient or purchaser has a
history of purchasing controlled substances in
schedule II or III at multiple pharmacies;
``(iv) the patient or purchaser has a
history of purchasing such controlled
substances in multiple States;
``(v) the purchaser is attempting to
purchase a controlled substance using a
prescription pad number that has been reported
as missing or stolen; or
``(vi) any other circumstance exists that,
as determined by the Attorney General,
indicates an increased possibility that the
patient or purchaser is attempting to
unlawfully divert or misuse a controlled
substance.
``(5) Database.--The Attorney General shall establish and
maintain a database containing the information reported under
paragraphs (2) and (3).
``(6) Disclosure of information.--The Attorney General may
disclose the information reported under paragraphs (2) and (3)
only as follows:
``(A) The Attorney General may make such
disclosures as may be necessary in order to communicate
alerts to practitioners under paragraph (4)(B).
``(B) The Attorney General may disclose information
reported under paragraph (2) or (3) to any local,
State, or Federal law enforcement, narcotics control,
licensure, disciplinary, or program authority who
certifies that the information is related to an
individual investigation or proceeding involving the
unlawful diversion or misuse of a controlled substance
in schedule II or III, and such information will
further the purpose of the investigation or assist in
the proceeding.
``(C) The Attorney General may, on request,
disclose information reported under paragraph (2) or
(3), or any summary or analysis thereof, to any person
or agency if--
``(i) the information, summary, or analysis
is not individually identifiable; and
``(ii) the person or agency requesting the
information, summary, or analysis provides
satisfactory assurances that it will be used
for research.
``(7) Funding.--The only amounts authorized to be
appropriated to carry out this subsection are amounts in the
Diversion Control Fee Account established by section 111(b) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (Public Law 102-
395).''.
(b) Applicability Date.--Paragraphs (1), (2), and (3) of section
303(i) of the Controlled Substances Act, as added by subsection (a),
apply beginning on the date on which the Attorney General publishes in
the Federal Register a determination that the web portal and database
required by paragraphs (4) and (5) of such section are fully
operational. | Fraudulent Prescription Prevention Act of 2011 - Amends the Controlled Substances Act to prohibit the Attorney General from registering a practitioner to dispense or conduct research with a schedule II or III controlled substance unless the practitioner agrees to comply with this Act's requirements.
Requires a practitioner, at the time of prescribing such substances to submit to the Attorney General by means of a web portal: (1) the patient's name, date of birth, and address; (2) the date and time of the prescription; (3) the name and amount of the substance prescribed; (4) the practitioner's Drug Enforcement Administration (DEA) registration number and contact information; and (5) the prescription pad number. Makes exceptions if the practitioner is prescribing a controlled substance in a medical emergency situation or does not have access to the web portal (in which case the practitioner may make the required submissions within seven days).
Requires a practitioner to submit the same information before dispensing such a controlled substance, as well as whether the dispensing constitutes a refill of a prescription. Requires a practitioner who declines to dispense such a controlled substance to submit information that would have been required to be reported if the substance had been dispensed and any reason to suspect that the individual attempting to purchase the substance was acting pursuant to fraud.
Directs the Attorney General to establish and maintain a web portal and database that allows a practitioner to submit such information and that communicates an alert to the practitioner if circumstances exist that indicate the patient or purchaser is attempting to unlawfully divert or misuse a controlled substance. Limits disclosure of database information. | {"src": "billsum_train", "title": "To amend the Controlled Substances Act to improve detection of the fraudulent abuse of prescriptions to obtain controlled substances in schedule II or III, and for other purposes."} | 1,451 | 367 | 0.735746 | 2.280859 | 0.765682 | 3.5 | 4.474026 | 0.928571 |
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