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SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Downpayment Simplification Act
of 2002''.
SEC. 2. DOWNPAYMENT SIMPLIFICATION.
Section 203 of the National Housing Act (12 U.S.C. 1709) is
amended--
(1) in subsection (b)--
(A) by striking ``shall--'' and inserting ``shall comply
with the following:'';
(B) in paragraph (2)--
(i) in subparagraph (A), in the matter that precedes
clause (ii), by moving the margin 2 ems to the right;
(ii) in the undesignated matter immediately following
subparagraph (B)(iii)--
(I) by striking the second and third sentences of
such matter;
(II) by striking the seventh sentence (relating to
principal obligation) and all that follows through the
end of the ninth sentence (relating to charges and
fees); and
(III) by striking the eleventh sentence (relating
to disclosure notice) and all that follows through the
end of the last undesignated paragraph (relating to
disclosure notice requirements); and
(iii) by striking subparagraph (B) and inserting the
following:
``(B) not to exceed an amount equal to the sum of--
``(i) the amount of the mortgage insurance premium paid
at the time the mortgage is insured; and
``(ii) in the case of--
``(I) a mortgage for a property with an appraised
value equal to or less than $50,000, 98.75 percent of
the appraised value of the property;
``(II) a mortgage for a property with an appraised
value in excess of $50,000 but not in excess of
$125,000, 97.65 percent of the appraised value of the
property;
``(III) a mortgage for a property with an appraised
value in excess of $125,000, 97.15 percent of the
appraised value of the property; or
``(IV) notwithstanding subclauses (II) and (III), a
mortgage for a property with an appraised value in
excess of $50,000 that is located in an area of the
State for which the average closing cost exceeds 2.10
percent of the average, for the State, of the sale
price of properties located in the State for which
mortgages have been executed, 97.75 percent of the
appraised value of the property.'';
(C) by transferring and inserting the text of paragraph
(10)(B) after the period at the end of the first sentence of
the undesignated paragraph that immediately follows paragraph
(2)(B) (relating to the definition of ``area''); and
(D) by striking paragraph (10); and
(2) by inserting after subsection (e), the following:
``(f) Disclosure of Other Mortgage Products.--
``(1) In general.--In conjunction with any loan insured under
this section, an original lender shall provide to each prospective
borrower a disclosure notice that provides a 1-page analysis of
mortgage products offered by that lender and for which the borrower
would qualify.
``(2) Notice.--The notice required under paragraph (1) shall
include--
``(A) a generic analysis comparing the note rate (and
associated interest payments), insurance premiums, and other
costs and fees that would be due over the life of the loan for
a loan insured by the Secretary under subsection (b) with the
note rates, insurance premiums (if applicable), and other costs
and fees that would be expected to be due if the mortgagor
obtained instead other mortgage products offered by the lender
and for which the borrower would qualify with a similar loan-
to-value ratio in connection with a conventional mortgage (as
that term is used in section 305(a)(2) of the Federal Home Loan
Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) or section
302(b)(2) of the Federal National Mortgage Association Charter
Act (12 U.S.C. 1717(b)(2)), as applicable), assuming prevailing
interest rates; and
``(B) a statement regarding when the requirement of the
mortgagor to pay the mortgage insurance premiums for a mortgage
insured under this section would terminate, or a statement that
the requirement shall terminate only if the mortgage is
refinanced, paid off, or otherwise terminated.''.
SEC. 3. CONFORMING AMENDMENTS.
Section 245 of the National Housing Act (12 U.S.C. 1715z-10) is
amended--
(1) in subsection (a), by striking ``, or if the mortgagor''
and all that follows through ``case of veterans''; and
(2) in subsection (b)(3), by striking ``, or, if the'' and all
that follows through ``for veterans,''.
SEC. 4. REPEAL OF GNMA GUARANTEE FEE INCREASE.
Section 972 of the Higher Education Amendments of 1998 (Public Law
105-244; 112 Stat. 1837) is hereby repealed.
SEC. 5. INDEXING OF FHA MULTIFAMILY HOUSING LOAN LIMITS.
(a) The National Housing Act (12 U.S.C. 1701 et seq.) is amended by
inserting after section 206 the following new section 206A (12 U.S.C.
1712A):
``SEC. 206A. INDEXING OF FHA MULTIFAMILY HOUSING LOAN LIMITS.
``(a) Method of Indexing.--The dollar amounts set forth in--
``(1) section 207(c)(3)(A) (12 U.S.C. 1713(c)(3)(A));
``(2) section 213(b)(2)(A) (12 U.S.C. 1715e(b)(2)(A));
``(3) section 220(d)(3)(B)(iii)(I) (12 U.S.C.
1715k(d)(3)(B)(iii)(I));
``(4) section 221(d)(3)(ii)(I) (12 U.S.C. 1715l(d)(3)(ii)(I));
``(5) section 221(d)(4)(ii)(I) (12 U.S.C. 1715l(d)(4)(ii)(I));
``(6) section 231(c)(2)(A) (12 U.S.C. 1715v(c)(2)(A)); and
``(7) section 234(e)(3)(A) (12 U.S.C. 1715y(e)(3)(A));
(collectively hereinafter referred to as the ``Dollar Amounts'') shall
be adjusted annually (commencing in 2004) on the effective date of the
Federal Reserve Board's adjustment of the $400 figure in the Home
Ownership and Equity Protection Act of 1994 (HOEPA). The adjustment of
the Dollar Amounts shall be calculated using the percentage change in
the Consumer Price Index for All Urban Consumers (CPI-U) as applied by
the Federal Reserve Board for purposes of the above-described HOEPA
adjustment.
``(b) Notification.--The Federal Reserve Board on a timely basis
shall notify the Secretary, or his designee, in writing of the
adjustment described in subsection (a) and of the effective date of
such adjustment in order to permit the Secretary to undertake
publication in the Federal Register of corresponding adjustments to the
Dollar Amounts. The dollar amount of any adjustment shall be rounded to
the next lower dollar.''.
(b) Technical and Conforming Changes.--(1) Section 207(c)(3) of the
National Housing Act (12 U.S.C. 1713(c)(3)) is amended--
(A) by inserting ``(A)'' after ``(3)'';
(B) by striking ``and accept that the Secretary'' through and
including ``in this paragraph'' and inserting in lieu thereof:
``(B) the Secretary may, by regulation, increase any of the
dollar amount limitations in subparagraph (A) (as such
limitations may have been adjusted in accordance with section
206A of this Act)''.
(2) Section 213(b)(2) of the National Housing Act (12 U.S.C.
1715e(b)(2)) is amended--
(A) by inserting ``(A)'' following ``(2)'';
(B) by striking ``: Provided further, That'' the first time
that it occurs, through and including ``contained in this
paragraph'' and inserting in lieu thereof: ``; (B)(i) the Secretary
may, by regulation, increase any of the dollar amount limitations
in subparagraph (A) (as such limitations may have been adjusted in
accordance with section 206A of this Act)'';
(C) by striking ``: Provided further, That'' the second time it
occurs and inserting in lieu thereof: ``; and (ii)'';
(D) by striking ``: And provided further, That'' and inserting
in lieu thereof: ``; and (iii)'';
(E) by striking ``with this subsection without regard to the
preceding proviso'' at the end of that subsection and inserting in
lieu thereof: ``with this subparagraph (B)(i).''.
(3) Section 220(d)(3)(B)(iii) of the National Housing Act (12
U.S.C. 1715k(d)(3)(B)(iii)) is amended--
(A) by inserting ``(I)'' following ``(iii)'';
(B) by striking ``design; and except that'' and inserting in
lieu thereof: ``design; and (II)'';
(C) by striking ``any of the foregoing dollar amount
limitations contained in this clause'' and inserting in lieu
thereof: ``any of the dollar amount limitations in subparagraph
(B)(iii)(I) (as such limitations may have been adjusted in
accordance with section 206A of this Act)'';
(D) by striking ``: Provided, That'' through and including
``proviso'' and inserting in lieu thereof: ``with respect to dollar
amount limitations applicable to rehabilitation projects described
in subclause (II), the Secretary may, by regulation, increase the
dollar amount limitations contained in subparagraph (B)(iii)(I) (as
such limitations may have been adjusted in accordance with section
206A of this Act)'';
(E) by striking ``: Provided further,'' and inserting in lieu
thereof: ``; (III)'';
(F) by striking ``subparagraph'' in the second proviso and
inserting in lieu thereof ``subparagraph (B)(iii)(I)'';
(G) in the last proviso, by striking ``: And provided further,
That'' and all that follows through and including ``this clause''
and inserting in lieu thereof: ``; (IV) with respect to
rehabilitation projects involving not more than five family units,
the Secretary may further increase any of the dollar limitations
which would otherwise apply to such projects''.
(4) Section 221(d)(3)(ii) of the National Housing Act (12 U.S.C.
1715l(d)(3)(ii)) is amended--
(A) by inserting ``(I)'' following ``(ii)'';
(B) by striking ``; and except that'' and all that follows
through and including ``in this clause'' and inserting in lieu
thereof: ``; (II) the Secretary may, by regulation, increase any of
the dollar amount limitations in subclause (I) (as such limitations
may have been adjusted in accordance with section 206A of this
Act)''.
(5) Section 221(d)(4)(ii) of the National Housing Act (12 U.S.C.
1715l(d)(4)(ii)) is amended--
(A) by inserting ``(I)'' following ``(ii)'';
(B) by striking ``; and except that'' and all that follows
through and including ``in this clause'' and inserting in lieu
thereof: ``; (II) the Secretary may, by regulation, increase any of
the dollar limitations in subclause (I) (as such limitations may
have been adjusted in accordance with section 206A of this Act)''.
(6) Section 231(c)(2) of the National Housing Act (12 U.S.C.
1715v(c)(2)) is amended--
(A) by inserting ``(A)'' following ``(2)'';
(B) by striking ``; and except that'' and all that follows
through and including ``in this paragraph'' and inserting in lieu
thereof: ``; (B) the Secretary may, by regulation, increase any of
the dollar limitations in subparagraph (A) (as such limitations may
have been adjusted in accordance with section 206A of this Act)'';
(C) by striking ``: Provided, That'' and all that follows
through and including ``of this section'' and inserting in lieu
thereof: ``; (C) the Secretary may, by regulation, increase any of
the dollar limitations in subparagraph (A) (as such limitations may
have been adjusted in accordance with section 206A of this Act)''.
(7) Section 234(e)(3) of the National Housing Act (12 U.S.C.
1715y(e)(3)) is amended--
(A) by inserting ``(A)'' following ``(3)'';
(B) by replacing ``$38,025'' with ``$42,048''; ``$42,120'' with
``$48,481''; ``$50,310'' with ``$58,469''; ``$62,010'' with
``$74,840''; ``$70,200'' with ``$83,375''; ``$43,875'' with
``$44,250''; ``$49,140'' with ``$50,724''; ``$60,255'' with
``$61,680''; ``$75,465'' with ``$79,793''; and ``$85,328'' with
``$87,588'';
(C) by striking ``; except that each'' and all that follows
through and including ``contained in this paragraph'' and inserting
in lieu thereof: ``; (B) the Secretary may, by regulation, increase
any of the dollar limitations in subparagraph (A) (as such
limitations may have been adjusted in accordance with section 206A
of this Act)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | FHA Downpayment Simplification Act of 2002 - Amends the National Housing Act to make the existing Federal Home Administration (FHA) single-family downpayment provisions permanent. (Such provisions are to expire at the end of 2002.)Requires an original lender, in conjunction with a FDA insured loan, to provide a prospective borrower with a one-page analysis of other mortgage products for which he or she would qualify, including information about: (1) rates, insurance premiums, and other costs and fees; and (2) mortgage insurance premium termination.Amends the Higher Education Amendments of 1998 to repeal the Government National Mortgage Association (GNMA) three-percent guarantee fee increase scheduled to take effect in FY 2005.Amends the National Housing Act to provide for indexing of multi-family mortgage limits for FHA mortgage insurance programs. | {"src": "billsum_train", "title": "A bill to amend the National Housing Act to simplify the downpayment requirements for FHA mortgage insurance for single family homebuyers."} | 3,447 | 182 | 0.420037 | 1.265263 | 0.625649 | 1.986842 | 18.638158 | 0.815789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Telehealth Services for
Substance Use Disorders Act''.
SEC. 2. AUTHORITY NOT TO APPLY CERTAIN MEDICARE TELEHEALTH REQUIREMENTS
IN THE CASE OF CERTAIN TREATMENT OF A SUBSTANCE USE
DISORDER OR CO-OCCURRING MENTAL HEALTH DISORDER.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is
amended--
(1) in paragraph (2)(B)(i), by inserting ``and paragraph
(7)(E)'' after ``Subject to clause (ii)''; and
(2) by adding at the end the following new paragraphs:
``(7) Authority not to apply certain requirements in the
case of certain treatment of substance use disorder or co-
occurring mental health disorder.--
``(A) In general.--For purposes of payment under
this subsection, in the case of telehealth services
described in subparagraph (C) furnished on or after
January 1, 2020, to an eligible beneficiary (as defined
in subparagraph (F)) for the treatment of a substance
use disorder or a mental health disorder that is co-
occurring with a substance use disorder, the Secretary
is authorized to, through rulemaking, not apply any of
the requirements described in subparagraph (B).
``(B) Requirements described.--For purposes of this
paragraph, the requirements described in this
subparagraph are any of the following:
``(i) Qualifications for an originating
site under paragraph (4)(C)(ii).
``(ii) Geographic limitations under
paragraph (4)(C)(i).
``(C) Telehealth services described.--For purposes
of this paragraph, the telehealth services described in
this subparagraph are services that are both telehealth
services and identified by the Secretary, through
rulemaking, as services that are the most commonly
furnished (as defined by the Secretary) under this part
to individuals diagnosed with a substance use disorder
or a mental health disorder that is co-occurring with a
substance use disorder.
``(D) Clarification.--Nothing in this paragraph
shall be construed as limiting or otherwise affecting
the authority of the Secretary to limit or eliminate
the non-application pursuant to this paragraph of any
of the requirements under subparagraph (B).
``(E) Treatment of originating site facility fee.--
No facility fee shall be paid under paragraph (2)(B) to
an originating site with respect to a telehealth
service described in subparagraph (B) for which payment
is made under this subsection by reason of the non-
application of a requirement described in subparagraph
(B) pursuant to this paragraph if payment for such
service would not otherwise be permitted under this
subsection if such requirement were applied.
``(F) Eligible beneficiary defined.--For purposes
of this paragraph, the term `eligible beneficiary'
means an individual who--
``(i) is entitled to, or enrolled for,
benefits under part A and enrolled for benefits
under this part;
``(ii) has a diagnosis for a substance use
disorder; and
``(iii) meets such other criteria as the
Secretary determines appropriate.
``(G) Report.--Not later than 5 years after the
date of the enactment of this paragraph, the Secretary
shall submit to Congress a report on the impact of any
non-application under this paragraph of any of the
requirements described in subparagraph (B) on
``(i) the utilization of health care
services related to substance use disorder,
such as behavioral health services and
emergency department visits; and
``(ii) health outcomes related to substance
use disorder, such as substance use overdose
deaths.
``(H) Funding.--For purposes of carrying out this
paragraph, in addition to funds otherwise available,
the Secretary shall provide for the transfer, from the
Federal Supplementary Medical Insurance Trust Fund
under section 1841, of $3,000,000 to the Centers for
Medicare & Medicaid Services Program Management Account
to remain available until expended.
``(8) Rule of construction.--Nothing in this subsection may
be construed as waiving requirements under this title to comply
with applicable State law, including State licensure
requirements.''.
Amend the title so as to read: ``A bill to amend title
XVIII of the Social Security Act to provide the Secretary of
Health and Human Services authority not to apply certain
Medicare telehealth requirements in the case of certain
treatment of a substance use disorder or co-occurring mental
health disorder.''. | Access to Telehealth Services for Substance Use Disorders Act This bill authorizes the Centers for Medicare & Medicaid Services to waive certain requirements with respect to payment for telehealth services provided to a Medicare beneficiary who is receiving treatment for a substance-use disorder or a co-occurring mental-health disorder. | {"src": "billsum_train", "title": "Access to Telehealth Services for Opioid Use Disorders Act"} | 1,051 | 91 | 0.574311 | 1.481632 | 0.636943 | 2.37037 | 16.981481 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Deposit Insurance
Corporation Regulatory Flexibility Act of 1995''.
SEC. 2. ADMINISTRATION OF FICO ASSESSMENTS BY FDIC.
Section 21(f)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441(f)(2)) is amended by striking ``the Financing Corporation, with
the approval of the Board of Directors of the Federal Deposit Insurance
Corporation'' and inserting ``the Board of Directors of the Federal
Deposit Insurance Corporation, after consultation with the Financing
Corporation,''.
SEC. 3. AVAILABILITY OF RTC FUNDS FOR DEPOSIT INSURANCE PURPOSES.
Section 11(a) of the Federal Deposit Insurance Act (12 U.S.C.
1821(a)) is amended--
(1) by adding at the end the following new paragraph:
``(9) Availability of rtc funding.--
``(A) In general.--The Secretary of the Treasury
shall provide, out of funds appropriated to the
Resolution Trust Corporation under section 21A(i)(3) of
the Federal Home Loan Bank Act and not needed by the
Resolution Trust Corporation, to the Corporation, at
the request of the Board of Directors, such amounts as
the Board of Directors requests for any of the
following purposes:
``(i) To cover the interest payments,
issuance costs, and custodial fees on
obligations issued by the Financing
Corporation.
``(ii) To make deposits in the Savings
Association Insurance Fund of such amounts as
may be needed to carry out the purposes of this
Act.
``(iii) To satisfy claims against the
Federal Government arising from changes in the
statutory treatment of supervisory goodwill (on
the books of the Corporation as of the date of
the enactment of Financial Institutions Reform,
Recovery, and Enforcement Act of 1989) pursuant
to section 5(t) of the Home Owners' Loan Act.
``(B) Return to treasury.--If the aggregate amount
of funds transferred to the Corporation under
subparagraph (A) exceeds the amount necessary to carry
out the purposes of such subparagraph, such excess
amounts shall be deposited in the general fund of the
Treasury.''.
SEC. 4. LIMITED FDIC AUTHORITY TO TEMPORARILY TRANSFER FUNDS BETWEEN
THE BIF AND SAIF.
Section 11(a)(4) of the Federal Deposit Insurance Act (12 U.S.C.
1821(a)) is amended by adding at the end the following new
subparagraph:
``(C) Transfer of funds.--Notwithstanding
subparagraph (A), the Corporation may transfer, for
such period of time and under such conditions as the
Corporation determines to be appropriate, an amount not
to exceed the amount equal to .03 percent of the
assessment base of any deposit insurance fund from such
fund to another deposit insurance fund to the extent
necessary to achieve or maintain the designated reserve
ratio of the fund to which such assets are
transferred.''.
SEC. 5. 1-TIME SPECIAL SAIF CAPITALIZATION ASSESSMENT.
Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)) is amended by adding at the end the following new paragraph:
``(8) Special 1-time assessment to recapitalize saif.--
``(A) In general.--The Corporation may, in the
discretion of the Board of Directors, impose a special
assessment on each Savings Association Insurance Fund
member in an amount not greater than 0.40 percent of
the assessment base, as of January 1, 1995, on which
assessments are imposed under the risk-based assessment
system established pursuant to paragraph (1).
``(B) Deposit of assessment in saif.--The proceeds
of any assessment imposed under subparagraph (A) shall
be deposited in the Savings Association Insurance Fund.
``(C) Imposition over period of years.--The
assessment authorized under subparagraph (A) may be
imposed incrementally over such period of years as the
Board of Directors may determine to be appropriate,
except the larger percentage of any such incremental
assessment shall be allocated to the first year of the
effective period for such assessment.
``(D) Abatement for troubled institutions.--The
Board of Directors may abate any portion of any
assessment under this paragraph in the case of any
undercapitalized institution or any institution which
would become undercapitalized as a result of the
imposition of such assessment.''.
SEC. 6. ESTABLISHMENT OF DESIGNATED RESERVE RATIO AS A FLOOR RATHER
THAN A TARGET.
(a) Section 7(b)(2)(A)(iv) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(2)(A)(iv)) is amended to read as follows:
``(iv) Establishment of designated reserve
ratio.--The Board of Directors shall establish
the designated reserve ratio for each insurance
fund in accordance with the following:
``(I) The designated reserve ratio
of any insurance fund shall be not less
than 1.25 percent of the estimated
insured deposits of members of such
fund.
``(II) The ratio of any insurance
fund shall be established at an amount
which the Board of Directors determines
will provide for an appropriate amount
of reserves against losses which may
reasonably be expected to be incurred
by the fund without resulting in an
excessive buildup in the fund.''.
(b) Reduction in Assessment Rate if Designated Reserve Ratio Is
Met.--Section 7(b)(2)(A) of the Federal Deposit Insurance Act (12
U.S.C. 1817(b)(2)(A)) is amended by adding at the end the following new
clause:
``(v) Clarification of authority to reduce
assessments amounts.--The authority of the
Board of Directors to set semiannual
assessments to maintain the reserve ratio of
any insurance fund at the designated reserve
ratio includes the authority to reduce such
assessments by any appropriate amount if the
reserve ratio of such fund is equal to or
greater than the minimum designated reserve
ratio of such fund.''.
SEC. 7. CLARIFICATION ON USE OF INSURANCE FUND ASSESSMENTS.
Section 7(b) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)) is amended by adding at the end the following new paragraph:
``(8) Use of insurance assessments.--Amounts received by
the Corporation pursuant to assessments on insured depository
institution under this subsection shall be used primarily for
insurance fund purposes and shall not be unduly diverted to
other uses.''.
SEC. 8. CLARIFICATION THAT CERTAIN INSTITUTIONS INSURED BY THE SAIF ARE
SUBJECT TO FICO ASSESSMENTS.
Section 21(f)(2) of the Federal Home Loan Bank Act (12 U.S.C.
1441(f)(2)) is amended by inserting after ``Savings Association
Insurance Fund member'' the following: ``, including any Savings
Association Insurance Fund member referred to in section 5(d)(2)(G) of
the Federal Deposit Insurance Act and, in the case of any Bank
Insurance Fund member which has deposits which are treated (under
section 5(d)(3) of such Act) as deposits which are insured by the
Savings Association Insurance Fund, the adjusted attributable deposit
amount with respect to such member as determined under subparagraph (C)
of section 5(e)(3) of such Act for purposes of subparagraph (B)(i) of
such section,''.
SEC. 9. REPEAL OF MINIMUM SAIF ASSESSMENT RULE.
Section 7(b)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1817(b)(2)) is amended by striking subparagraph (E). | Federal Deposit Insurance Corporation Regulatory Flexibility Act of 1995 - Amends the Federal Home Loan Bank Act (FHLBA) to require the Board of Directors of the Federal Deposit Insurance Corporation (FDIC), after consultation with the Financing Corporation (FICO), (currently, FICO, with FDIC Board approval) to place a prescribed assessment against each Savings Association Insurance Fund (SAIF) member in order to cover interest payments, issuance costs, and custodial fees of certain FICO obligations.
Amends the Federal Deposit Insurance Act (FDIA) to direct the Secretary of the Treasury to provide to the FDIC, upon its request, certain funds not needed by the Resolution Trust Corporation (RTC), in order to cover the same FICO costs.
Authorizes the FDIC to transfer, for an appropriate period of time, up to a certain percentage of a fund's assessment base between the Bank Insurance Fund (BIF) and the SAIF as necessary to achieve or maintain the designated reserve ratio of the transferee fund.
Amends the FDIA to authorize the FDIC to impose a one-time special SAIF capitalization assessment.
Reformulates the designated reserve ratio for each deposit insurance fund to establish a minimum instead of a target amount. Empowers the FDIC Board of Directors to reduce semiannual assessments if an insurance fund's reserve ratio is equal to or greater than its minimum designated reserve ratio.
Mandates that insurance assessments be used primarily for insurance fund purposes and not be unduly diverted to other uses.
Amends the FHLBA to include within FICO assessment authority specified SAIF members as well as BIF members whose deposits are treated as insured by the SAIF.
Amends the FDIA to repeal the minimum assessment requirements for any insured deposit insurance fund (including the SAIF). | {"src": "billsum_train", "title": "Federal Deposit Insurance Corporation Regulatory Flexibility Act of 1995"} | 1,754 | 393 | 0.602274 | 2.033983 | 0.801633 | 2.702128 | 4.43465 | 0.884498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Effective Drug Development
Act of 2007''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide for one or more Critical Path
Public-Private Partnerships to accelerate the translation of new
scientific discoveries into new medical products that will cure and
better treat disease, improve health care, prolong longevity and
wellness, reduce health care costs, and enhance American
competitiveness in the 21st century.
SEC. 3. FINDINGS.
The Congress finds as follows:
(1) The Critical Path Initiative is the Food and Drug
Administration's effort to stimulate and facilitate a national
effort to modernize the process of innovation and
commercialization through which fundamental scientific
discoveries are transformed from ``proof of concept'' and
development into breakthrough medical products, therapies, and
cures.
(2) On March 16, 2004, the Food and Drug Administration
released a report entitled ``Innovation/Stagnation: Challenge
and Opportunity on the Critical Path to New Medical Products'',
addressing the recent slowdown in innovative medical therapies
submitted to the Food and Drug Administration for approval. The
report describes the urgent need to modernize the medical
product development process--the Critical Path--to make product
development more predictable and efficient.
(3) The Food and Drug Administration has committed to
working with companies, patient groups, academic researchers,
and other stakeholders to coordinate, develop, and disseminate
solutions to scientific hurdles that are impairing the
efficiency of product development across the life science
industries. For example, the Food and Drug Administration has
released a Critical Path Opportunities List of over 75 research
priorities that, if accomplished, would modernize the drug
development process by 2010 and would help to make new medical
discoveries available to Americans faster and at a lower cost.
(4) The Food and Drug Administration has already initiated
partnerships to share knowledge, streamline the cost and time
of preclinical drug safety evaluation, and better inform the
use of ``personalized medicine''.
(5) However, much more must be done to foster the
collaborative culture that must exist to modernize the medical
product development process. Collective sharing of scientific
information and research methodology across the entire health
care community is crucial to igniting the medical innovation
required to keep pace with biomedical research.
(6) The power of public-private partnerships is vital to
accomplish these tasks and to ensure that new scientific
discoveries--in fields such as genomics and proteomics,
imaging, and bioinformatics--can be more rapidly and
effectively applied to cure diseases, enhance treatments,
improve health care, prolong longevity and wellness, reduce
health care costs, and enhance American competitiveness in the
21st century.
SEC. 4. CRITICAL PATH PUBLIC-PRIVATE PARTNERSHIPS.
Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end the
following:
``SEC. 566. CRITICAL PATH PUBLIC-PRIVATE PARTNERSHIPS.
``(a) Establishment.--The Secretary, acting through the
Commissioner of Food and Drugs, shall enter into one or more
collaborative agreements, to be known as Critical Path Public-Private
Partnerships, with one or more eligible entities to implement the
Critical Path Initiative of the Food and Drug Administration by
developing innovative, collaborative projects in research, education,
and outreach for the purpose of fostering medical product innovation,
enabling the acceleration of medical product development, and enhancing
medical product safety.
``(b) Eligible Entity.--In this section, the term `eligible entity'
means an entity that meets each of the following:
``(1) The entity is--
``(A) an institution of higher education (as such
term is defined in section 101 of the Higher Education
Act of 1965); or
``(B) 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) The entity has experienced personnel and clinical and
other technical expertise in the biomedical sciences.
``(3) The entity demonstrates to the Secretary's
satisfaction that the entity is capable of--
``(A) developing and critically evaluating tools,
methods, and processes--
``(i) to increase efficiency,
predictability, and productivity of medical
product development; and
``(ii) to more accurately identify the
benefits and risks of new and existing medical
products;
``(B) establishing partnerships, consortia, and
collaborations with health care practitioners and other
providers of health care goods or services;
pharmacists; pharmacy benefit managers and purchasers;
health maintenance organizations and other managed
health care organizations; health care insurers;
government agencies; patients and consumers;
manufacturers of prescription drugs, biological
products, diagnostic technologies, and devices; and
academic scientists; and
``(C) securing funding for the technical programs
of a Critical Path Public-Private Partnership from
Federal and nonfederal governmental sources,
foundations, and private individuals.
``(c) Funding From Certain Individuals and Organizations.--
``(1) Prohibition.--The Secretary may not enter into a
collaborative agreement under subsection (a) unless the
eligible entity involved provides an assurance that the entity
will not accept any funding for the technical programs of a
Critical Path Public-Private Partnership from any individual or
organization that manufactures, distributes, or sells any
product that is regulated by the Food and Drug Administration.
``(2) Waiver.--Paragraph (1) (and any assurance provided
thereunder) does not prohibit an eligible entity from accepting
funding from a consortium of companies whose products are
regulated by the Food and Drug Administration if the
Secretary--
``(A) determines that such acceptance would not
result in any conflict of interest for the eligible
entity, the Partnership, or the Government; and
``(B) issues a waiver allowing such acceptance.
``(d) Annual Report.--Not later than 18 months after the date of
the enactment of this section, and annually thereafter, the Secretary,
in collaboration with the parties to each Critical Path Public-Private
Partnership, shall submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives--
``(1) reviewing the operations and activities of the
Partnerships in the previous year; and
``(2) addressing such other issues relating to this section
as the Secretary determines to be appropriate.
``(e) Definition.--In this section, the term `medical product'
includes a drug, a diagnostic test, a biological product, a device, and
any innovative combination of such products.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for fiscal year 2008
and such sums as may be necessary for each of fiscal years 2009 through
2012.''. | Safe and Effective Drug Development Act of 2007 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to enter into Critical Path Public-Private Partnerships with eligible entities to implement the Critical Path Initiative of the Food and Drug Administration (FDA) by developing research, education, and outreach projects to foster medical product innovation, accelerate medical product development, and enhance medical product safety. Prohibits such an entity from accepting any funding for the technical programs of a Critical Path Public-Private Partnership from any individual or organization that manufactures, distributes, or sells any FDA-regulated product. Establishes an exception for accepting funds from a consortium of companies whose products are FDA-regulated if the Secretary determines that such acceptance would not result in any conflict of interest and issues a waiver. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to provide for one or more Critical Path Public-Private Partnerships to implement the Critical Path Initiative of the Food and Drug Administration, and for other purposes."} | 1,531 | 191 | 0.48675 | 1.549144 | 0.76118 | 4.855422 | 8.73494 | 0.939759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data Cap Integrity Act of 2012''.
SEC. 2. TRUTH-IN-LABELING REQUIREMENTS.
It is the sense of Congress that the Federal Communications
Commission should continue its work to ensure that consumers of
Internet services are clearly and consistently provided information
that describes the services they are purchasing, including--
(1) the cost of the services they are purchasing;
(2) the rate of the upload and download speed that the
consumer is paying for;
(3) service limits the Internet service provider
establishes for purposes of network management, including
bandwidth throttling or rate limiting;
(4) contract term; and
(5) legal and privacy policies.
SEC. 3. MANAGING BROADBAND CONGESTION.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``covered Internet service provider'' means an
Internet service provider that imposes a data cap on consumers
of the provider; and
(3) the term ``data cap'' means--
(A) a limit on the amount of bits a consumer of an
Internet service provider may download or upload during
a period of time specified by the Internet service
provider; or
(B) a fee-based structure with the purpose of
limiting the bits a consumer of an Internet service
provider may download or upload during a period of time
specified by the Internet service provider.
(b) Certification of Internet Service Providers.--
(1) In general.--An Internet service provider may not
impose a data cap on the consumers of the provider unless the
provider is certified by the Commission under paragraph (2).
(2) Certification by commission.--
(A) Accuracy in measurement.--
(i) In general.--The Commission shall
consult with the National Institute of
Standards and Technology and other experts,
including those in the private sector, to
establish standards to which an Internet
service provider shall adhere in order to
accurately measure household data usage of
consumers of the provider and such standards
must apply to the--
(I) hardware devices used in homes
of consumers and throughout the network
of the Internet service provider to
measure data usage; and
(II) the mechanism, including
firmware and software, used by the
Internet service provider to measure
data usage.
(ii) Public comment.--Prior to finalizing
the standards required under clause (i), the
Commission shall allow for, and take into
consideration, public comment on proposed
standards.
(B) Smart data caps instead of dumb ones.--The
Commission shall evaluate a data cap proposed by an
Internet service provider to determine whether the data
cap functions to reasonably limit network congestion in
a manner that does not unnecessarily discourage use of
the Internet.
(C) Certification.--The Commission shall provide
certification to an Internet service provider, if the
Commission determines that--
(i) the Internet service provider is
accurately measuring household data usage
consistent with the standards established under
subparagraph (A); and
(ii) the data cap proposed by the Internet
service provider functions to reasonably limit
network congestion without unnecessarily
restricting Internet use.
(c) Discrimination of Content.--A covered Internet service provider
may not, for purposes of measuring data usage or otherwise, provide
preferential treatment of data that is based on the source or the
content of the data.
(d) Consumer Control of Data Usage.--
(1) In general.--A covered Internet service provider shall,
upon the first day of Internet service provided to a consumer,
identify commercially available tools that allow the consumer
to--
(A) monitor, in real time to the extent feasible,
the amount of bits that the consumer has uploaded or
downloaded, and the relationship such information has
to the terms of the data cap of the Internet service
provider; and
(B) control uploads and downloads on all wireline
and wireless devices that have access to the Internet
service network of the consumer.
(2) Provision of tools.--If any of the tools described in
paragraph (1) are not commercially available, the Internet
service provider shall provide such tools to the consumer on
the first day that Internet service is provided to the
consumer.
(e) Enforcement.--
(1) In general.--The Commission shall--
(A) establish a procedure to enable individuals to
file a complaint with the Commission relating to an
Internet service provider and whether the provider is
accurately measuring data use in relation to a data
cap; and
(B) promptly investigate any complaint filed in
accordance with the procedure established under
subparagraph (A).
(2) Authority to impose civil penalty.--
(A) In general.--The Commission may impose a civil
penalty on an Internet service provider that
inaccurately measures data use in relation to a data
cap that is inconsistent with the standards established
under subsection (b)(2)(A).
(B) Establishment of fund.--There is established in
the Treasury of the United States a fund to be known as
the ``Data Cap Integrity Fund'' (referred to in this
paragraph as the ``Fund'').
(C) Deposits.--Notwithstanding section 3302 of
title 31, United States Code, or any other law
regarding the crediting of money received for the
Government, there shall be deposited in the Fund any
civil penalty collected by the Commission under
subparagraph (A).
(D) Expenditures from fund.--Amounts in the Fund
shall be available to the Commission to make payments
to any individual who has filed a complaint in
accordance with the procedure established under
paragraph (1)(A) in order to make the individual
financially whole as a result of an inaccurate
measurement of data use by an Internet service
provider.
(E) Excess amounts.--Effective on September 30,
2013, and each year thereafter, all unobligated
balances in excess of $5,000,000 shall be transferred
to the General Fund of the Treasury for the purpose of
deficit reduction.
(f) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Commission shall promulgate regulations to implement
this section. | Data Cap Integrity Act of 2012 - Expresses the sense of Congress that the Federal Communications Commission (FCC) should continue its work to ensure that consumers of Internet services are clearly and consistently provided information describing the purchased services, including: (1) the cost of services; (2) the rate of upload and download speed for which the consumer is paying; (3) the service limits the Internet service provider (ISP) establishes for purposes of network management, including bandwidth throttling or rate limiting; (4) contract terms; and (5) legal and privacy policies.
Prohibits an ISP from imposing a data cap on consumers unless the ISP is certified by the FCC.
Defines "data cap" as a limit on, or a fee-based structure with the purpose of limiting, the amount of bits a consumer may download or upload during a period of time specified by the ISP.
Directs the FCC, after considering any public comment, to establish standards for ISPs to accurately measure household data usage of consumers.
Requires the FCC to certify an ISP if it determines that: (1) the ISP is accurately measuring household data usage consistent with such standards, and (2) the data cap proposed by the ISP functions to reasonably limit network congestion without unnecessarily restricting Internet use.
Prohibits an ISP that imposes a data cap on consumers from providing preferential treatment based on the source or the content of the data. Directs such an ISP to identify commercially available tools allowing the consumer to: (1) monitor the amount of bits that the consumer has uploaded or downloaded and the relationship such information has to the terms of the data cap, and (2) control uploads and downloads on all wireline and wireless devices accessing the consumer's Internet network.
Directs the FCC to establish enforcement procedures enabling individuals to file a complaint with the FCC to investigate the accuracy of an ISP's data use measurements. Authorizes the FCC to impose civil penalties on ISPs for inaccurate measurements in relation to a data cap.
Establishes the Data Cap Integrity Fund for the FCC to deposit such civil penalties and make payments to complainants. Requires any specified excess amounts to be transferred to the Treasury's general fund for deficit reduction. | {"src": "billsum_train", "title": "A bill to improve the ability of consumers to control their digital data usage, promote Internet use, and for other purposes."} | 1,319 | 498 | 0.679537 | 2.102202 | 0.836502 | 3.883178 | 2.941589 | 0.869159 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Protections and Market
Access for Mortgage Finance Act of 2016''.
SEC. 2. CREDIT RISK-TRANSFER TRANSACTIONS.
(a) Requirement for Enterprises.--Subpart A of part 2 of subtitle A
of the Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the end the
following new section:
``SEC. 1328. ENTERPRISE CREDIT RISK-TRANSFER TRANSACTIONS.
``(a) Requirement.--Not later than 12 months after the date of
enactment of this Act, the Director shall, after taking into
consideration market conditions and the safety and soundness of the
enterprises, establish guidelines requiring that each enterprise engage
in significant and increasing credit risk-transfer transactions.
``(b) Considerations.--In establishing the guidelines under
subsection (a), the Director shall--
``(1) seek to promote a deep, broad market for a variety of
structures that together insulate the taxpayer from losses,
minimize ongoing risks to the enterprises, remain stable
through the economic cycle, maintain adequate access to the
secondary market for lenders of all sizes, and promote credit
for borrowers in all communities;
``(2) continue and seek to increase the amount and types of
risk-transfer transactions that the enterprises engaged in
during the previous year with the goal that the risk
transferred by an enterprise by all credit risk-transfer
transactions shall be at least 400 basis points of risk in
total, starting from the first dollar of credit loss among all
the different credit risk-transfer structures;
``(3) continue and seek to increase front-end risk transfer
transactions; and
``(4) continue and seek to increase transactions in which
the first loss position is transferred or shared and through
structures that are scalable and transparent.
``(c) Guarantee Fees.--The enterprises shall set and publish
guarantee fees, including up-front delivery fees and loan level price
adjustments, commensurate with the enterprises' reduced credit risk
resulting from any new risk-transfer transaction.
``(d) APA Compliance.--The guidelines required under subsection (a)
shall be issued and made available to the public pursuant to section
553 of title 5, United States Code.
``(e) Compensation.--The Director shall adjust individual and
corporate scorecards used in determining compensation for relevant
enterprise employees to align with the considerations of subsection
(b).
``(f) Exemption From Commodity Exchange Act; Consultation.--
``(1) Exemption.--A swap (as such term is defined in
section 1a of the Commodity Exchange Act (7 U.S.C. 1a)) entered
into for the purpose of transferring or sharing credit risk in
connection with a risk-transfer transaction shall not be deemed
to be a commodity interest (as such term is defined in section
1.3(yy) of the regulations of the Commodity Futures Trading
Commission (17 C.F.R. 1.3(yy))), and no swap counterparty or
other person sponsoring or arranging a risk-transfer
transaction shall be deemed to be a commodity pool operator (as
such term is defined in section 1.3(cc) of such regulations),
solely by virtue of entering into or sponsoring or arranging
such a swap in connection with such transaction.
``(2) Prior consultation requirement.--Before the execution
of a risk-transfer transaction that would be exempt from the
Commodity Exchange Act pursuant to paragraph (1), the Director
shall consult with the Commodity Futures Trading Commission.
``(g) Report.--The Director shall submit a report, not later than
October 30 of each year, to the Committee on Financial Services of the
House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate, on the activities of each enterprise in
meeting the guidelines established under subsection (a) and any
obstacles the Director has determined have impeded the ability of the
enterprises to meet such guidelines.
``(h) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Credit risk.--The term `credit risk' means, with
respect to a residential mortgage loan held or guaranteed, or
intended to be held or guaranteed, by an enterprise or any
security backed by residential mortgage loans held or
guaranteed by the enterprise, the risk of loss to the
enterprise that could result from a mortgagor's failure to
repay any such loan in accordance with its terms.
``(2) First loss.--The term `first-loss' means the risk of
loss for an enterprise on a mortgage loan or security backed by
residential mortgage loans, beginning with the first dollar of
loss.
``(3) Front-end risk transfer.--The term `front-end risk
transfer' means, with respect to a residential mortgage loan or
any security backed by residential mortgage loans, a risk
transfer or risk share that occurs before or simultaneous with
the acquisition of such loan or security by an enterprise.
``(4) Guarantee fee.--The term `guarantee fee' has the
meaning given such term in section 1327(a) (12 U.S.C. 4547(a)).
``(5) Risk-transfer transaction.--The term `risk-transfer
transaction' means any transaction that provides for--
``(A) the sale, disposition, retention, or transfer
within the private sector of credit risk on any single-
family residential mortgage loan or a pool of such
loans that back securities on which the enterprise
guarantees the timely payment of principal and
interest; or
``(B) the retention by the private sector of any
such credit risk in connection with the sale of any
such loan or security to an enterprise.''.
(b) Conforming Amendment to Commodity Exchange Act.--Paragraph (10)
of section 1a of the Commodity Exchange Act (7 U.S.C. 1a(10)) is
amended by adding at the end the following new subparagraph:
``(C) Rule of construction.--A swap (as such term
is defined in section 1a) entered into for the purpose
of transferring or sharing credit risk in connection
with a risk-transfer transaction shall not be
considered to be a commodity interest (as such term is
defined in section 1.3(yy) of title 17, Code of Federal
Regulations), and no swap counterparty or other person
sponsoring or arranging a risk-transfer transaction
shall be considered to be a commodity pool operator (as
such term is defined in section 1.3(cc) of such title),
solely by virtue of entering into or sponsoring or
arranging such a swap in connection with such
transaction.''.
(c) Conforming Amendments to Existing Laws.--
(1) Investment company act of 1940.--Section 3(c)(5) of the
Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(5)) is
amended by inserting before the period the following: ``,
including notes, bonds, other evidences of indebtedness,
certificates, securities, and other interests, that are a risk-
transfer transaction (as such term is defined in section
1328(h) of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992)''.
(2) Asset and income test clarification for enterprise
risk-transfer transactions.--The Internal Revenue Code of 1986
is amended--
(A) in subparagraph (B) of section 856(c)(3) (26
U.S.C. 856(c)(3)(B)), by inserting before the semicolon
at the end the following ``, and gross income resulting
from participation in any transaction, including notes,
bonds, other evidences of indebtedness, certificates,
securities, and other interests, that are risk-transfer
transactions (as such term is defined in section
1328(h) of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992)''; and
(B) in subparagraph (B) of section 856(c)(5) (26
U.S.C. 856(c)(5)(B)), by inserting before the period at
the end of the first sentence the following: ``, and
participation in any transaction, including notes,
bonds, other evidences of indebtedness, certificates,
securities, and other interests, that are risk-transfer
transactions (as such term is defined in section
1328(h) of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992)''.
SEC. 3. PILOT PROGRAM FOR SMALL LENDER RISK TRANSFER.
Not later than one year after the date of the enactment of this
Act, the Director of the Federal Housing Finance Agency shall require
each enterprise to establish a pilot program under which the enterprise
shall annually engage, for each of the next 5 consecutive years, in at
least one front-end risk sharing transaction for which both bank and
non-bank mortgage originators having under $10,000,000,000 in assets
are eligible participants.
SEC. 4. PILOT PROGRAM FOR MORTGAGE INSURANCE RISK TRANSFER.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Director of the Federal Housing Finance
Agency shall require the enterprises jointly to establish a pilot
program to increase the amount of risk that is transferred by the
enterprises using private mortgage insurance.
(b) Program Requirements.--The pilot program established pursuant
to subsection (a) shall meet the following requirements:
(1) Duration.--The pilot program shall have a duration of 5
years.
(2) Amount of mortgage purchases.--
(A) In general.--Except as provided in subparagraph
(B), in each year the enterprises shall purchase under
the pilot program sufficient qualifying loans or pools
of qualifying loans such that the aggregate unpaid
principal balance of all qualifying loans or loan pools
purchased or issued by both enterprises is not less
than $50,000,000,000.
(B) Exception.--The amount of qualifying loans that
the enterprises are required to purchase each year
under paragraph (1) may be reduced if the Director and
the Secretary of the Treasury jointly--
(i) make a determination that such a
reduction is necessary to prevent an adverse
impact to the housing market; and
(ii) submit to the Congress a report
describing the justification for the
determination referred to in clause (i).
(3) Selection of mortgage insurance.--For each transaction
under the pilot program involving a qualifying loan, the loan
originator shall select an eligible mortgage insurance provider
or providers, consistent with existing market practice.
(4) Mortgage insurance premiums.--Mortgage insurance
premiums applicable to qualifying loans purchased by the
enterprises under the pilot program shall be subject to
requirements and limitations under State laws.
(5) Guarantee fees.--The enterprises shall set and publish
guarantee fees, including up-front delivery fees and loan level
price adjustments, commensurate with the enterprises' reduced
credit risk resulting from any new risk-transfer transaction
under the pilot program.
(c) Report.--Not later than the conclusion of the fifth year of the
pilot program, the Director shall submit a report to the Congress that
assesses the extent to which the pilot program under this section has--
(1) transferred credit risk from the Federal Government to
the private sector;
(2) resulted in reduced guarantee fees for mortgage
originators; and
(3) produced benefits or costs for borrowers under
qualifying loans under the program.
(d) Extension of Program.--Based on the assessments in the report
required under subsection (c), the Director may extend the program
beyond its fifth year of operation if the Director determines that such
extension would be in the public interest.
(e) Mitigating Counterparty Risk.--Nothing in this section shall
prevent the Director from establishing additional requirements on
participants in the pilot program necessary to mitigate counterparty
risk to the enterprises comparably with other credit risk-transfer
structures.
(f) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Director.--The term ``Director'' means the Director of
the Federal Housing Finance Agency.
(2) Eligible mortgage insurance provider.--The term
``eligible mortgage insurance provider'' means a company that--
(A) is regulated as a mortgage guaranty insurance
company by its State of domicile;
(B) provides qualifying mortgage insurance; and
(C) satisfies--
(i)(I) minimum requirements established or
recognized by the Director, pursuant to public
notice and comment, with respect to capital,
leverage, and reserve requirements, or
(II) Private Mortgage Insurer Eligibility
Requirements published by the enterprises on
April 17, 2015; and
(ii) any additional requirements added by
subsection (e) of this section.
(3) Enterprise.--The term ``enterprise'' has the meaning
given such term in section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502).
(4) Qualifying loan.--The term ``qualifying loan'' means a
first mortgage loan that--
(A) is secured by a one-to-four family residence;
and
(B) is subject to qualifying mortgage insurance.
(5) Qualifying mortgage insurance.--The term ``qualifying
mortgage insurance'' means, with respect to a qualifying loan,
primary mortgage guaranty insurance for such qualifying loan
that--
(A) is placed at the time the qualifying loan is
originated;
(B) guarantees or insures that portion of the
unpaid principal balance of the qualifying loan that is
in excess of 50 percent of the value of the property
securing the mortgage; and
(C) is provided by an eligible mortgage insurance
provider. | Taxpayer Protections and Market Access for Mortgage Finance Act of 2016 This bill amends the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 to direct the Federal Housing Finance Agency (FHFA) to establish guidelines to require the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) to engage in significant and increasing credit risk transfer transactions. A "risk transfer transaction" provides for: (1) the sale, disposition, retention, or transfer within the private sector of credit risk on any single-family residential mortgage loan or a pool of such loans that back securities on which the enterprise guarantees the timely payment of principal and interest; or (2) the retention by the private sector of any such credit risk in connection with the sale of any such loan or security to an enterprise. The enterprises may set and publish guarantee fees commensurate with the reduced credit risk resulting from any new risk transfer transactions. The bill exempts certain swaps entered into for the purpose of transferring or sharing credit risk in connection with a risk transfer transaction from the Commodity Exchange Act. The FHFA must also require Fannie Mae and Freddie Mac to: (1) establish a five-year pilot program under which each enterprise must annually engage in at least one front-end (before or simultaneous with the acquisition of the loan or security by the enterprise) risk sharing transaction for which both bank and non-bank mortgage originators having under $10 billion in assets are eligible participants, and (2) jointly establish a pilot program to increase the amount of risk that is transferred by the enterprises using private mortgage insurance. | {"src": "billsum_train", "title": "Taxpayer Protections and Market Access for Mortgage Finance Act of 2016"} | 3,057 | 340 | 0.614934 | 2.101661 | 0.748112 | 4.71519 | 8.626582 | 0.892405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizen Capital Gains Rate
Reduction Act of 1993''.
SEC. 2. REDUCTION IN CAPITAL GAINS RATE FOR SENIOR CITIZENS.
(a) General Rule.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed on individuals) is amended by adding at the
end thereof the following new subsection:
``(i) Reduction in Capital Gains Rate for Senior Citizens.--
``(1) In general.--If a taxpayer who has attained age 60
before the close of the taxable year has a net capital gain,
then the tax imposed by this section shall not exceed the sum
of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the taxable income reduced by the net capital gain,
plus
``(B) a tax equal to the sum of--
``(i) 7.5 percent of so much of the net
capital gain as does not exceed--
``(I) the maximum amount of taxable
income to which the 15-percent rate
applies under the table applicable to
the taxpayer, reduced by
``(II) the taxable income to which
subparagraph (A) applies, plus
``(ii) 15 percent of the net capital gain
in excess of the net capital gain to which
clause (i) applies.
``(2) Special rules.--
``(A) Joint returns.--In the case of a joint
return, if one spouse meets the age requirement of
paragraph (1), both spouses shall be treated as meeting
such requirement.
``(B) Coordination with subsection (h).--Subsection
(h) shall not apply to any individual to whom paragraph
(1) applies.''
(b) Technical Amendment.--Paragraph (1) of section 170(e) of such
Code is amended by striking ``the amount of gain'' in the material
following subparagraph (B)(ii) and inserting ``the amount of gain (or,
in the case of an individual who meets the age requirement of section
1(i), \13/28\ of the amount of gain)''.
SEC. 3. REDUCTION IN MINIMUM TAX RATE ON CAPITAL GAINS OF SENIOR
CITIZENS.
Paragraph (1) of section 55(b) of the Internal Revenue Code of 1986
(relating to tentative minimum tax) is amended by adding at the end
thereof the following new paragraph:
``(3) Reduction in tax on capital gains of senior
citizens.--In the case of an individual who meets the age
requirement of section 1(i), subparagraph (A) of paragraph (1)
shall be applied as if it read as follows:
```(A) the sum of--
```(i) 15 percent of the lesser of--
```(I) the net capital gain
(determined with the adjustments
provided in this part), or
```(II) so much of the alternative
minimum taxable income for the taxable
year as exceeds the exemption amount,
plus
```(ii) 24 percent of the amount (if any)
by which the excess referred to in clause
(i)(II) exceeds the net capital gain (as so
determined), reduced by'.''
SEC. 4. INDEXING OF RETIREMENT ASSETS FOR PURPOSES OF DETERMINING GAIN
OR LOSS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by inserting after section 1021 the following
new section:
``SEC. 1022. INDEXING OF RETIREMENT ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Except
as provided in paragraph (2), if an indexed retirement asset
which has been held for more than 5 years is sold or otherwise
disposed of by an individual who meets the age requirement of
section 1(i), for purposes of this title the indexed basis of
the asset shall be substituted for its adjusted basis.
``(2) Exception for depreciation, etc.--The deduction for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(b) Indexed Retirement Asset.--For purposes of this section, the
term `indexed retirement asset' means--
``(1) stock in a corporation, and
``(2) tangible property (or any interest therein), which is
a capital asset or property used in the trade or business (as
defined in section 1231(b)).
``(c) Indexed Basis.--For purposes of this section--
``(1) Indexed basis.--The indexed basis for any retirement
asset is--
``(A) the adjusted basis of the retirement asset,
multiplied by
``(B) the applicable inflation ratio.
``(2) Applicable inflation ratio.--The applicable inflation
ratio for any retirement asset is the percentage arrived at by
dividing--
``(A) the gross national product deflator for the
calendar quarter in which the disposition takes place,
by
``(B) the gross national product deflator for the
calendar quarter in which the retirement asset was
acquired by the taxpayer (or, if later, the calendar
quarter ending December 31, 1992).
The applicable inflation ratio shall not be taken into account
unless it is greater than 1. The applicable inflation ratio for
any retirement asset shall be rounded to the nearest one-tenth
of 1 percent.
``(3) Gross national product deflator.--The gross national
product deflator for any calendar quarter is the implicit price
deflator for the gross national product for such quarter (as
shown in the first revision thereof).
``(4) Secretary to publish tables.--The Secretary shall
publish tables specifying the applicable inflation ratios for
each calendar quarter.
``(d) Special Rules.--For purposes of this section--
``(1) Treatment as separate retirement asset.--In the case
of any retirement asset, the following shall be treated as a
separate asset:
``(A) a substantial improvement to property,
``(B) in the case of stock of a corporation, a
substantial contribution to capital, and
``(C) any other portion of a retirement asset to
the extent that separate treatment of such portion is
appropriate to carry out the purposes of this section.
``(2) Retirement assets which are not indexed assets
throughout holding period.--The applicable inflation ratio
shall be appropriately reduced for calendar months at any time
during which the retirement asset was not an indexed retirement
asset.''.
SEC. 5. INDEXING OF LIMITATION ON CAPITAL LOSSES OF SENIOR CITIZENS.
Section 1211 of the Internal Revenue Code of 1986 (relating to
limitation on capital losses) is amended by adding at the end thereof
the following new subsection:
``(c) Indexation of Limitation on Senior Citizen Taxpayers.--
``(1) In general.--In applying subsection (b) to an
individual who meets the age requirement of section 1(i), the
$3,000 and $1,500 amounts under subsection (b)(1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the applicable inflation adjustment for the
calendar year in which the taxable year begins.
``(2) Applicable inflation adjustment.--For purposes of
paragraph (1), the applicable inflation adjustment for any
calendar year is the percentage (if any) by which--
``(A) the gross national product deflator for the
last calendar quarter of the preceding calendar year,
exceeds
``(B) the gross national product deflator for the
last calendar quarter of 1991.
For purposes of this paragraph, the term `gross national
product deflator' has the meaning given such term by section
1022(c)(3).''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 1992. | Senior Citizen Capital Gains Rate Reduction Act of 1993 - Amends the Internal Revenue Code to reduce the individual capital gains rate for the sale of retirement assets by a taxpayer who has attained the age of 60 or older. Allows such reduced rate, in the case of a joint tax return, if either person has attained such age.
Reduces the alternative minimum tax rate on capital gains for such taxpayers.
Provides for indexing such retirement assets held for more than five years before their disposition for purposes of determining gain or loss. Declares that the deduction for depreciation, depletion, and amortization shall be determined without regard to the indexed basis. Provides for determining the indexed amount based upon the gross national product deflator.
Provides for indexing the limitation on capital losses of such taxpayers. | {"src": "billsum_train", "title": "Senior Citizen Capital Gains Rate Reduction Act of 1993"} | 1,835 | 182 | 0.566784 | 1.389885 | 0.725775 | 2.907895 | 10.960526 | 0.868421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Clean Water Trust Fund Act
of 1993''.
SEC. 2. NATIONAL CLEAN WATER TRUST FUND.
Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
``(h) National Clean Water Trust Fund.--
``(1) Establishment.--There is established in the Treasury
a National Clean Water Trust Fund (hereinafter in this
subsection referred to as the `Fund') consisting of amounts
transferred to the Fund under paragraph (2) and amounts
credited to the Fund under paragraph (3).
``(2) Transfer of amounts.--For fiscal year 1994, and each
fiscal year thereafter, the Secretary of the Treasury shall
transfer to the Fund an amount determined by the Secretary to
be equal to the total amount deposited in the general fund of
the Treasury in the preceding fiscal year from fines,
penalties, and other moneys obtained through enforcement
actions conducted pursuant to this section and section
505(a)(1), including moneys obtained under consent decrees and
excluding any amounts ordered to be used to carry out
mitigation projects under this section or section 505(a), as
the case may be.
``(3) Investment of amounts.--The Secretary of the Treasury
shall invest in interest-bearing obligations of the United
States such portion of the Fund as is not, in the Secretary's
judgment, required to meet current withdrawals. Such
obligations shall be acquired and sold and interest on, and the
proceeds from the sale or redemption of, such obligations shall
be credited to the Fund in accordance with the requirements of
section 9602 of the Internal Revenue Code of 1986.
``(4) Use of amounts for remedial projects.--Amounts in the
Fund shall be available, as provided in appropriations Acts, to
the Administrator to carry out projects to restore and recover
waters of the United States from damages resulting from
violations of this Act which are subject to enforcement actions
under this section and similar damages resulting from the
discharge of pollutants into the waters of the United States.
``(5) Selection of projects.--
``(A) Priority.--In selecting projects to carry out
under this subsection, the Administrator shall give
priority to a project to restore and recover waters of
the United States from damages described in paragraph
(4), if an enforcement action conducted pursuant to
this section or section 505(a)(1) against such
violation, or another violation in the same
administrative region of the Environmental Protection
Agency as such violation, resulted in amounts being
deposited in the general fund of the Treasury.
``(B) Consultation with states.--In selecting
projects to carry out under this section, the
Administrator shall consult with States in which the
Administrator is considering carrying out a project.
``(C) Allocation of amounts.--In determining an
amount to allocate to carry out a project to restore
and recover waters of the United States from damages
described in paragraph (4), the Administrator shall, in
the case of a priority project under subparagraph (A),
take into account the total amount deposited in the
general fund of the Treasury as a result of enforcement
actions conducted with respect to such violation
pursuant to this section or section 505(a)(1).
``(6) Implementation.--The Administrator may carry out a
project under this subsection either directly or by making
grants to, or entering into contracts with, the Secretary of
the Army or any other public or private entity.
``(7) Report to congress.--Not later than 1 year after the
date of the enactment of this subsection, and every 2 years
thereafter, the Administrator shall transmit to Congress a
report on implementation of this subsection.''.
SEC. 3. USE OF CIVIL PENALTIES FOR MITIGATION PROJECTS.
(a) In General.--Section 309(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(d)) is amended by inserting after the
second sentence the following: ``The court may, in the court's
discretion, order that a civil penalty be used for carrying out
mitigation projects which are consistent with the purposes of this Act
and which enhance the public health or environment.''.
(b) Conforming Amendment.--Section 505(a) of such Act (33 U.S.C.
1365(a)) is amended by inserting before the period at the end of the
last sentence the following: ``, including ordering the use of a civil
penalty for carrying out mitigation projects in accordance with section
309(d)''. | National Clean Water Trust Fund Act of 1993 - Amends the Federal Water Pollution Control Act to establish a National Clean Water Trust Fund to be composed of monies obtained through enforcement actions. Makes the Fund available for projects to restore waters from damages resulting from violations of such Act and from the discharge of pollutants.
Authorizes the use of civil penalties obtained under such Act for mitigation projects. | {"src": "billsum_train", "title": "National Clean Water Trust Fund Act of 1993"} | 1,017 | 83 | 0.610302 | 1.58554 | 0.903113 | 3.054795 | 12.657534 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Horse Protection Amendments Act of
2014''.
SEC. 2. DEFINITION.
Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
(1) by redesignating paragraphs (1), (2) and (3) as
paragraphs (2), (4) and (5), respectively;
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) The term `Horse Industry Organization' means the
organization established pursuant to section 4(c)(1).''; and
(3) by inserting after paragraph (2), as redesignated, the
following:
``(3) The term `objective inspection' means an inspection
conducted using only inspection methods based on science-based
protocols (including swabbing or blood testing protocols)
that--
``(A) have been the subject of testing and are
capable of producing scientifically reliable,
reproducible results;
``(B) have been subjected to peer review; and
``(C) have received acceptance in the veterinary or
other applicable scientific community.''.
SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS,
EXHIBITIONS, OR SALES OR AUCTIONS.
(a) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is not adequate to ensure compliance
with this Act;''.
(b) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Disqualification of Horses.--
``(1) In general.--In addition to being subject to
applicable criminal or civil penalties authorized under section
6, the management of any horse show or horse exhibition shall
disqualify any horse from being shown or exhibited--
``(A) which, upon objective testing, is determined
to be sore; or
``(B) if the management has been notified that the
horse is sore by--
``(i) a person appointed in accordance with
regulations prescribed under subsection (c); or
``(ii) the Secretary.
``(2) Duration of disqualification.--In addition to any
other requirements or penalties imposed under this Act, any
horse that has been determined to be sore by objective testing
shall be disqualified from being shown or exhibited for--
``(A) a period of not less than 30 days for the
first such determination; and
``(B) a period of 90 days for a second
determination and any subsequent determination.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Appointment of Inspectors; Manner of Inspections.--
``(1) Establishment of horse industry organization.--
``(A) In general.--Not later than 180 days after
the date of the enactment of the Horse Protection
Amendments Act of 2014, the Secretary shall prescribe,
by regulation, the establishment of the Horse Industry
Organization, which shall be governed by a board
consisting of not more than 9 individuals, who shall be
appointed in accordance with subparagraphs (B) and (C).
``(B) Members.--Of the 9 members constituting the
Horse Industry Organization Board--
``(i) 2 members shall be appointed by the
Commissioner of Agriculture for the State of
Tennessee to serve for a term of 4 years;
``(ii) 2 members shall be appointed by the
Commissioner of Agriculture for the
Commonwealth of Kentucky to serve for a term of
4 years;
``(iii) 2 members shall represent the
Tennessee Walking Horse industry and shall be
appointed from within such industry by the
members appointed pursuant to clauses (i) and
(ii), in accordance with a process developed by
such members, to serve for an initial term of 3
years; and
``(iv) not more than 3 members shall be
appointed by the 6 members appointed pursuant
to clauses (i) through (iii) to serve for a
term of 4 years.
``(C) Quorum; vacancies.--
``(i) Quorum.--Five members of the Horse
Industry Organization Board shall constitute a
quorum for the transaction of business.
``(ii) Effect of vacancy.--A vacancy on the
Horse Industry Organization Board shall not
impair the authority of the Board.
``(iii) Subsequent appointments.--
Subsequent appointments, including
reappointments of existing Board members, shall
be made in accordance with subparagraph (B),
except that all such appointments shall be for
a term of 4 years.
``(iv) Bylaws.--The members of the Horse
Industry Organization Board, in consultation
with the Secretary, shall develop bylaws and
other policies for operations, the
establishment of committees, and filling
vacancies on the Board.
``(D) Termination.--Section 14(a)(2)(B) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Horse Industry Organization.
``(E) Licensing requirements.--
``(i) In general.--The Horse Industry
Organization shall establish requirements to
appoint persons qualified--
``(I) to detect and diagnose a
horse which is sore; or
``(II) to otherwise inspect horses
for the purposes of enforcing this Act.
``(ii) Conflicts of interest.--Requirements
established pursuant to clause (i) shall
require any person appointed by the Horse
Industry Organization Board, or a member of the
immediate family of such a person, to be free
from conflicts of interest, by reason of any
association or connection with the walking
horse industry, including--
``(I) through employment by, or the
provision of any services to, any show
manager, trainer, owner, or exhibitor
of Tennessee Walking horses, Spotted
Saddle horses, or Racking horses; and
``(II) training, exhibiting,
shoeing, breeding, or selling Tennessee
Walking horses, Spotted Saddle horses,
or Racking horses.
``(F) Certification.--
``(i) Certification.--After the members of
the Horse Industry Organization Board have been
appointed pursuant to subparagraph (B), the
Secretary shall certify the Horse Industry
Organization in accordance with section 11.7 of
title 9, Code of Federal Regulations
(Certification and licensing of designated
qualified persons), including the training of
inspectors.
``(ii) Revocation of certification.--Not
later than 90 days after the date on which the
Horse Industry Organization is established
pursuant to this paragraph, the Secretary shall
revoke the certification issued to any other
horse industry organization under section 11.7
of title 9, Code of Federal Regulations (or any
successor regulation), as in effect on such
date.
``(2) Responsibilities of horse industry organization.--The
Horse Industry Organization shall--
``(A) establish a formal affiliation with the
management of each horse sale, horse exhibition, and
horse sale or auction;
``(B) appoint inspectors to conduct inspections at
each such show, exhibition, and sale or auction;
``(C) identify and contract with equine veterinary
experts to advise the Horse Industry Organization Board
on--
``(i) objective scientific testing methods
and procedures; and
``(ii) the certification of testing
results; and
``(D) otherwise ensure compliance with this Act, in
coordination with the Secretary.''.
(c) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) in paragraph (3), by striking ``appoint and retain a
person in accordance with section 4(c) of this Act'' and
inserting ``establish a formal affiliation with the Horse
Industry Organization under section 4(c)(2)(A)'';
(2) in paragraph (4), by striking ``appoint and retain a
qualified person in accordance with section 4(c) of this Act''
and inserting ``establish a formal affiliation with the Horse
Industry Organization under section 4(c)(2)(A)'';
(3) in paragraph (5), by striking ``appointed and retained
a person in accordance with section 4(c) of this Act'' and
inserting ``established a formal affiliation with the Horse
Industry Organization under section 4(c)(2)(A)''; and
(4) in paragraph (6)--
(A) by striking ``appointed and retained a person
in accordance with section 4(c) of this Act'' and
inserting ``established a formal affiliation with the
Horse Industry Organization under section 4(c)(2)(A)'';
and
(B) by striking ``such person or the Secretary''
and inserting ``a person licensed by the Horse Industry
Organization''.
SEC. 4. RULEMAKING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture shall issue regulations to carry out
the amendments made by this Act. | Horse Protection Amendments Act of 2014 - Amends the Horse Protection Act to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Requires a sore horse to be disqualified from being shown or exhibited for at least 30 days for the first determination that the horse is sore and 90 days for a second determination and any subsequent determination. Requires the Secretary of Agriculture (USDA) to establish a single Horse Industry Organization (HIO) in order to establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections, contract with equine veterinary experts to advise the HIO Board on objective scientific testing methods and certification of testing results, and otherwise ensure compliance with the Horse Protection Act. Directs the appointment of individuals by the Commissioners of Agriculture for Tennessee and Kentucky to govern the HIO. Requires those individuals to appoint individuals representing the Tennessee Walking Horse industry. | {"src": "billsum_train", "title": "Horse Protection Amendments Act of 2014"} | 2,129 | 269 | 0.495972 | 1.562717 | 0.702715 | 2.731481 | 8.902778 | 0.824074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm and Small Business Tax
Relief Act of 2009''.
SEC. 2. EXTENSION OF 2009 ESTATE AND GIFT TAX LEVELS.
(a) EGTRRA Sunset Not To Apply.--Section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 shall not apply to title V of
such Act (other than subtitles A and E, and sections 511(d) and
521(b)(2), thereof).
(b) $3,500,000 Applicable Exclusion Amount.--
(1) In general.--Subsection (c) of section 2010 of the
Internal Revenue Code of 1986 is amended by striking all that
follows ``the applicable exclusion amount'' and inserting ``.
For purposes of the preceding sentence, the applicable
exclusion amount is $3,500,000.''.
(2) Inflation adjustment.--Section 2010 of such Code is
amended by redesignating subsection (d) as subsection (e) and
by inserting after subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent dying
in a calendar year after 2011, the $3,500,000 amount in subsection (c)
shall be increased by an amount equal to--
``(1) such amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2010' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
(c) 45 Percent Maximum Rate.--The table in paragraph (1) of section
2001(c) of such Code is amended by striking the last 3 items and
inserting the following new item:
``Over $1,500,000............................ $555,800, plus 45 percent of the excess of such amount over
$1,500,000.''.
(d) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2010.
SEC. 3. RESTORATION OF, AND INCREASE IN, DEDUCTION FOR FAMILY-OWNED
BUSINESS INTERESTS.
(a) Restoration.--Subsection (j) of section 2057 (relating to
termination) is amended to read as follows:
``(j) Application of Section.--This section--
``(1) shall not apply to estates of decedents dying after
December 31, 2003, and before January 1, 2011, but
``(2) shall apply to estates of decedents dying after
December 31, 2010.''.
(b) Increase.--
(1) In general.--Subsection (a) of section 2057 is
amended--
(A) by striking ``$675,000'' in paragraph (2) and
inserting ``$8,000,000'', and
(B) by striking paragraph (3).
(2) Cost-of-living adjustment.--Subsection (a) of section
2057 is amended by adding at the end the following new
paragraph:
``(3) Cost-of-living adjustment.--In the case of any
decedent dying in a calendar year after 2011, the $8,000,000
amount in paragraph (2) shall 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 such calendar year by
substituting `calendar year 2010' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after December 31, 2010.
SEC. 4. EXCLUSION FROM GROSS ESTATE FOR 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, if the executor makes the election described in
subsection (f), 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 decedent was (at the date of the decedent's
death) a citizen or resident of the United States, and
``(2) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) the qualified farmland was owned by the
decedent or a member of the decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or a
member of the decedent's family in the operation of
such farmland, except that `material participation'
shall also include any rental of real estate and
related property between the estate of the decedent or
any successor thereto and any tenant so long as the
tenant uses the real estate and related property to
produce agricultural or horticultural commodities,
including but not limited to livestock, bees, poultry,
orchards and woodlands, timber and fur-bearing animals
and wildlife on such farmland.
Rules similar to the rules of paragraphs (4) and (5) of section
2032A(b) shall apply for purposes of subparagraph (B).
``(c) Definitions and Special Rule.--For purposes of this section--
``(1) Qualified farmland.--The term `qualified farmland'
means any real property or other property related to the farm
operation--
``(A) which is located in the United States,
``(B) which is used as a farm for farming purposes,
and
``(C) which 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.
``(2) Member of family.--A member of a family, with respect
to any individual, means--
``(A) a member of the family (as defined by section
2031A(e)(2)), and
``(B) includes--
``(i) a lineal descendant of any spouse
described in subparagraph (D) of section
2032A(e)(2),
``(ii) a lineal descendant of a sibling of
a parent of such individual,
``(iii) a spouse of any lineal descendant
described in clause (ii), and
``(iv) a lineal descendant of a spouses
described in clause (iii).
``(3) Adjusted value.--The term `adjusted value' means the
value of farmland for purposes of this chapter (determined
without regard to this section), reduced by the amount
deductible under paragraph (3) or (4) of section 2053(a).
``(4) 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--
``(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 on such
disposition or cessation of use.
``(2) Amount of recapture tax.--
``(A) In general.--The amount of the tax imposed by
paragraph (1) shall be the excess of--
``(i) the tax which would have been imposed
by section 2001 on the estate of the decedent
but determined as if such estate included the
interest in qualified farmland described in
paragraph (1) which was so disposed of or
ceased to be so used, reduced by the credits
allowable against such tax, over
``(ii) the tax imposed by section 2001 on
the estate of the decedent, reduced by such
credits.
For purposes of this paragraph, the value of the interest in
qualified farmland specified in subparagraph (A) shall be the
adjusted value of such interest as of the date of the
disposition or cessation of such interest described in
paragraph (1).
``(B) $8,000,000 exclusion amount.--For purposes of
subparagraph (A), the adjusted value of such interest
shall be reduced by an amount equal to--
``(i) $8,000,000, reduced (but not below
zero) by
``(ii) an amount equal to the amount by
which the adjusted value of all other interests
in such qualified farmland has been reduced
previously by reason of this subparagraph.
``(3) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this subsection, including regulations requiring record keeping
and information reporting, except that the Secretary may not
impose a lien on the estate of the decedent or qualified
farmland for such purposes.
``(e) Application of Other Rules.--Rules similar to the rules of
subsections (e) (other than paragraph (13) thereof), (f), (g), (h), and
(i) of section 2032A shall apply for purposes of this section.
``(f) Election.--The election under this subsection shall be made
on or before the due date (including extensions) for filing the return
of tax imposed by section 2001 and shall be made on such return.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2033 the following new item:
``Sec. 2033A. Exclusion of certain farmland so long as use as farmland
continues.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act. | Family Farm and Small Business Tax Relief Act of 2009 - Extends the estate and gift tax rates in effect in 2009 by eliminating the general terminating date (i.e., December 31, 2010) in the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to such rates.
Amends the Internal Revenue Code to: (1) establish a permanent $3.5 million estate tax exclusion (adjusted for inflation) and a maximum estate and gift tax rate of 45% after 2010; (2) restore after 2010 the estate tax deduction for family-owned business interests and increase the amount of such deduction to $8 million (adjusted annually for inflation); and (3) exclude from the gross estate of a decedent the value of farmland used as a farm for farming purposes. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend certain estate tax provisions and restore and increase the estate tax deduction for certain family-owned business interests."} | 2,478 | 172 | 0.597434 | 1.570017 | 0.774429 | 2.440789 | 14.361842 | 0.861842 |
SECTION 1. CLEANUP OF BROWNFIELDS.
The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 is amended by adding the following new title at
the end thereof:
``TITLE VI--CLEANUP OF BROWNFIELDS
``SEC. 601. DEFINITION OF BROWNFIELD SITE.
``As used in this title, the term `brownfield site' means a parcel
of land that contains, or contained abandoned or underused commercial
or industrial facilities, the expansion or redevelopment of which is
complicated by the presence or potential presence of hazardous
substances.
``SEC. 602. BROWNFIELD CLEANUP ASSISTANCE PROGRAM.
``(a) Establishment of Program.--The Administrator shall establish
a program to provide loans for the environmental assessment and
remediation of eligible brownfield sites.
``(b) Eligible Brownfield Sites.--Any brownfield site shall be
eligible for assistance under this title unless the site is one of the
following:
``(1) Any facility that is the subject of ongoing removal
action under title I of this Act.
``(2) Any facility included, or proposed for inclusion, in
the National Priorities List maintained by the Administrator
under title I of this Act.
``(3) Any facility with respect to which an administrative
order on consent or judicial consent decree requiring cleanup
has been entered into by the United States under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.), the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.), or title XIV
of the Public Health Service Act, commonly known as the Safe
Drinking Water Act (42 U.S.C. 300f and following).
``(4) Any facility owned or operated by a department,
agency, or instrumentality of the United States.
``(c) Assistance for Site Characterization and Assessment.--Upon
the approval of an application made by any person, and with the consent
of the State and local government having jurisdiction over one or more
eligible brownfield sites, the Administrator may make loans under this
subsection to the applicant to be used for the site characterization
and assessment of such site or sites. Site characterizations and
assessments shall be performed in accordance with generally accepted
good commercial and customary standards and practices under section
101(39)(B) of this Act.
``(d) Assistance for Environmental Remediation.--Upon the approval
of an application made by any person, and with the consent of the State
and local government having jurisdiction over one or more eligible
brownfield sites, the Administrator may make loans under this
subsection to such applicant to be used for response action (excluding
site characterization and assessment) at one or more eligible
brownfield sites. Such response action shall be for purposes of making
such site or sites available for manufacturing, business, or other
commercial or residential purposes.
``(e) Sunset.--No amount shall be available from the Hazardous
Substance Superfund for purposes of this title.
``(f) Prohibition.--No portion of any assistance provided under
this section to an eligible applicant may be used for payment of
penalties or fines.
``(g) Audits.--The Inspector General of the Environmental
Protection Agency shall audit all loans made under this section to
ensure that all funds are used for the purposes set forth in this
section.
``(h) Agreements.--Each loan made under this section shall be
subject to an agreement which requires the following:
``(1) The agreement shall require the applicant to comply
with all applicable Federal and State laws and regulations.
``(2) The agreement shall require that the applicant shall
use the loan exclusively for purposes specified in subsection
(c) or (d), as the case may be.
``(3) The agreement shall provide for repayment of the loan
within a specified period, not to exceed 10 years.
``(4) The agreement shall contain such other terms and
conditions that the Administrator determines necessary to carry
out the purposes of this title.
``(i) Leveraging.--The recipient of any assistance under this
section may use the assistance for part of a project at an eligible
brownfield site or sites which receives funding from other sources,
except that such assistance may only be used for the purposes described
in subsection (c) or (d), as the case may be.
``SEC. 603. APPLICATIONS FOR ASSISTANCE.
``(a) In General.--Any person may submit an application to the
Administrator for a loan under this title for one or more eligible
brownfield sites. An application may be submitted to the Administrator
through any Regional Office of the Environmental Protection Agency. The
application shall be in such form as the Administrator determines
appropriate.
``(b) Application Requirements.--An application for assistance
under this title shall, at a minimum, include each of the following:
``(1) An identification of each eligible brownfield site
for which assistance is sought and a description of the
redevelopment plan for the area or areas in which each such
site is located. Such description shall include a description
of the nature and extent of any known or suspected
environmental contamination within the area.
``(2) An analysis that demonstrates the potential of the
loan to stimulate economic development on completion of any
necessary response action. Such analysis shall include a
projection of the number of jobs expected to be created at the
site after remediation and redevelopment and, to the extent
feasible, a description of the type and skill level of such
jobs and a projection of the increases in revenues accruing to
the local, State and Federal government from such jobs.
``(c) Approval.--After the first 12 months after the enactment of
this title, the Administrator shall make annual evaluations of all
applications received during the prior calendar year and make loans
under this title to those States and municipalities submitting
applications during such prior year which the Administrator determines
have the highest rankings under the ranking criteria established by the
Administrator. For the first 12 months after the enactment of this
title, at the end of each 6-month period after the enactment of this
title, the Administrator shall make loans under this title to those
applicants submitting applications before the end of such 6-month
period which the Administrator determines have the highest rankings
under the ranking criteria established by the Administrator.
``(d) Ranking Criteria.--In determining whether to provide
assistance under this title to any applicant, the Administrator shall
establish a ranking system for applications. The ranking system shall
include the following criteria:
``(1) The extent to which the assistance will stimulate the
availability of other funds for response action and subsequent
redevelopment of the area in which the eligible brownfield
sites are located.
``(2) The potential of the development plan for the area in
which the eligible brownfield sites are located to stimulate
economic development of the area on completion of the response
action such as the following:
``(A) The relative increase in the estimated fair
market value of the area as a result of the response
action.
``(B) The potential of the assistance to create
new, or expand existing, business and employment
opportunities (particularly full-time employment
opportunities) upon completion of the response action.
``(C) The estimated additional tax revenues
expected to be generated by economic redevelopment in
the area in which the brownfield site is located.
``(3) The estimated extent to which the assistance would
facilitate the identification of, or reduction of, health and
environmental risks.
``(4) The extent to which the site characterization and
assessment or the remediation and subsequent development of the
eligible brownfield site or sites involves the active
participation and support of the local community.
``(5) Such other factors as the Administrator considers
relevant to carry out the purposes of this title.''. | Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to direct the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide loans for the environmental assessment and remediation of brownfield sites, with specified exceptions. Defines a "brownfield site" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances.
Authorizes the Administrator, upon approval of an application and with the consent of the State and local governments with jurisdiction over the site, to make separate loans for site characterization and assessment and for response action (for purposes of making the site or sites available for manufacturing, business, or other commercial or residential purposes). Directs the Administrator to establish a system for the ranking of applications for assistance. | {"src": "billsum_train", "title": "To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to establish a brownfield cleanup loan program."} | 1,696 | 190 | 0.624563 | 1.792316 | 0.839387 | 4.391813 | 9.502924 | 0.918129 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Unemployment Compensation
Act of 2001''.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this Act with the Secretary of
Labor (hereinafter in this Act referred to as the ``Secretary''). Any
State which is a party to an agreement under this Act may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--
(1) In general.--Any agreement under subsection (a) shall
provide that the State agency of the State will make--
(A) payments of regular compensation to individuals
in amounts and to the extent that they would be
determined if the State law were applied with the
modifications described in paragraph (2), and
(B) payments of temporary supplemental unemployment
compensation to individuals who--
(i) have exhausted all rights to regular
compensation under the State law,
(ii) do not, with respect to a week, have
any rights to compensation (excluding extended
compensation) under the State law of any other
State (whether one that has entered into an
agreement under this Act or otherwise) nor
compensation under any other Federal law (other
than under the Federal-State Extended
Unemployment Compensation Act of 1970), and are
not paid or entitled to be paid any additional
compensation under any State or Federal law,
and
(iii) are not receiving compensation with
respect to such week under the unemployment
compensation law of Canada.
(2) Modifications described.--The modifications described
in this paragraph are as follows:
(A) An individual shall be eligible for regular
compensation if the individual would be so eligible,
determined by applying--
(i) the base period that would otherwise
apply under the State law if this Act had not
been enacted, or
(ii) a base period ending at the close of
the calendar quarter most recently completed
before the date of the individual's application
for benefits,
whichever results in the greater amount.
(B) An individual shall not be denied regular
compensation under the State law's provisions relating
to availability for work, active search for work, or
refusal to accept work, solely by virtue of the fact
that such individual is seeking, or available for, only
part-time (and not full-time) work.
(C) The amount of regular compensation (including
dependents' allowances) payable for any week shall be
equal to the amount determined under the State law
(before the application of this subparagraph), plus an
additional--
(i) 15 percent, or
(ii) $25,
whichever is greater.
(c) Nonreduction Rule.--Under the agreement, subsection (b)(2)(C)
shall not apply (or shall cease to apply) with respect to a State upon
a determination by the Secretary that the method governing the
computation of regular compensation under the State law of that State
has been modified in a way such that--
(1) the average weekly amount of regular compensation which
will be payable during the period of the agreement (determined
disregarding the modifications described in subsection (b)(2))
will be less than
(2) the average weekly amount of regular compensation which
would otherwise have been payable during such period under the
State law, as in effect on September 11, 2001.
(d) Coordination Rules.--
(1) Regular compensation payable under a federal law.--The
modifications described in subsection (b)(2) shall also apply
in determining the amount of benefits payable under any Federal
law to the extent that those benefits are determined by
reference to regular compensation payable under the State law
of the State involved.
(2) TSUC to serve as second-tier benefits.--Notwithstanding
any other provision of law, extended benefits shall not be
payable to any individual for any week for which temporary
supplemental unemployment compensation is payable to such
individual.
(e) Exhaustion of Benefits.--For purposes of subsection
(b)(1)(B)(i), an individual shall be considered to have exhausted such
individual's rights to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period, or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(f) Weekly Benefit Amount, Terms and Conditions, etc. Relating to
TSUC.--For purposes of any agreement under this Act--
(1) the amount of temporary supplemental unemployment
compensation which shall be payable to an individual for any
week of total unemployment shall be equal to the amount of
regular compensation (including dependents' allowances) payable
to such individual under the State law for a week for total
unemployment during such individual's benefit year,
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for temporary supplemental unemployment
compensation and the payment thereof, except where inconsistent
with the provisions of this Act or with the regulations or
operating instructions of the Secretary promulgated to carry
out this Act, and
(3) the maximum amount of temporary supplemental
unemployment compensation payable to any individual for whom a
temporary supplemental unemployment compensation account is
established under section 3 shall not exceed the amount
established in such account for such individual.
SEC. 3. TEMPORARY SUPPLEMENTAL UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this Act shall provide that
the State will establish, for each eligible individual who files an
application for temporary supplemental unemployment compensation, a
temporary supplemental unemployment compensation account.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to him during his benefit year under such law, or
(B) 13 times his weekly benefit amount.
(2) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
(3) Rule of construction.--For purposes of any computation
under paragraph (1) (and any determination of amount under
section 2(f)(1)), the modification described in section
2(b)(2)(C) (relating to increased benefits) shall be deemed to
have been in effect with respect to the entirety of the benefit
year involved.
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS ACT.
(a) General Rule.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to--
(1) 100 percent of any regular compensation made payable to
individuals by such State by virtue of the modifications which
are described in section 2(b)(2) and deemed to be in effect
with respect to such State pursuant to section 2(b)(1)(A),
(2) 100 percent of any regular compensation--
(A) which is paid to individuals by such State by
reason of the fact that its State law contains
provisions comparable to the modifications described in
section 2(b)(2)(A)-(B), but only
(B) to the extent that those amounts would, if such
amounts were instead payable by virtue of the State
law's being deemed to be so modified pursuant to
section 2(b)(1)(A), have been reimbursable under
paragraph (1), and
(3) 100 percent of the temporary supplemental unemployment
compensation paid to individuals by the State pursuant to such
agreement.
(b) Determination of Amount.--Sums under subsection (a) payable to
any State by reason of such State having an agreement under this Act
shall be payable, either in advance or by way of reimbursement (as may
be determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this Act for each
calendar month, reduced or increased, as the case may be, by any amount
by which the Secretary finds that the Secretary's estimates for any
prior calendar month were greater or less than the amounts which should
have been paid to the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be agreed upon by
the Secretary and the State agency of the State involved.
(c) Administrative Expenses, etc.--There is hereby appropriated out
of the employment security administration account of the Unemployment
Trust Fund (as established by section 901(a) of the Social Security
Act) $500,000,000 to reimburse States for the costs of the
administration of agreements under this Act (including any improvements
in technology in connection therewith) and to provide reemployment
services to unemployment compensation claimants in States having
agreements under this Act. Each State's share of the amount
appropriated by the preceding sentence shall be determined by the
Secretary according to the factors described in section 302(a) of the
Social Security Act and certified by the Secretary to the Secretary of
the Treasury.
SEC. 5. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act),
and the Federal unemployment account (as established by section 904(g)
of the Social Security Act), of the Unemployment Trust Fund shall be
used, in accordance with subsection (b), for the making of payments
(described in section 4(a)) to States having agreements entered into
under this Act.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
described in section 4(a) which are payable to such State under this
Act. The Secretary of the Treasury, prior to audit or settlement by the
General Accounting Office, shall make payments to the State in
accordance with such certification by transfers from the extended
unemployment compensation account (or, to the extent that there are
insufficient funds in that account, from the Federal unemployment
account) to the account of such State in the Unemployment Trust Fund.
SEC. 6. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received
any regular compensation or temporary supplemental unemployment
compensation under this Act to which he was not entitled, such
individual--
(1) shall be ineligible for any further benefits under this
Act in accordance with the provisions of the applicable State
unemployment compensation law relating to fraud in connection
with a claim for unemployment compensation, and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received any
regular compensation or temporary supplemental unemployment
compensation under this Act to which they were not entitled, the State
shall require such individuals to repay those benefits to the State
agency, except that the State agency may waive such repayment if it
determines that--
(1) the payment of such benefits was without fault on the
part of any such individual, and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any regular
compensation or temporary supplemental unemployment
compensation payable to such individual under this Act or from
any unemployment compensation payable to such individual under
any Federal unemployment compensation law administered by the
State agency or under any other Federal law administered by the
State agency which provides for the payment of any assistance
or allowance with respect to any week of unemployment, during
the 3-year period after the date such individuals received the
payment of the regular compensation or temporary supplemental
unemployment compensation to which they were not entitled,
except that no single deduction may exceed 50 percent of the
weekly benefit amount from which such deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) In general.--The terms ``compensation'', ``regular
compensation'', ``extended compensation'', ``additional
compensation'', ``benefit year'', ``base period'', ``State'',
``State agency'', ``State law'', and ``week'' have the
respective meanings given such terms under section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970,
subject to paragraph (2).
(2) State law and regular compensation.--In the case of a
State entering into an agreement under this Act--
(A) ``State law'' shall be considered to refer to
the State law of such State, applied in conformance
with the modifications described in section 2(b)(2),
subject to section 2(c), and
(B) ``regular compensation'' shall be considered to
refer to such compensation, determined under its State
law (applied in the manner described in subparagraph
(A)),
except as otherwise provided or where the context clearly
indicates otherwise.
SEC. 8. APPLICABILITY.
(a) In General.--An agreement entered into under this Act shall
apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into, and
(2) ending before January 1, 2003.
(b) Specific Rules.--Under such an agreement--
(1) the modification described in section 2(b)(2)(A)
(relating to alternative base periods) shall not apply except
in the case of initial claims filed after September 11, 2001,
(2) the modifications described in section 2(b)(2)(B)-(C)
(relating to part-time employment and increased benefits,
respectively) shall apply to weeks of unemployment (described
in subsection (a)), irrespective of the date on which an
individual's claim for benefits is filed, and
(3) the payments described in section 2(b)(1)(B) (relating
to temporary supplemental unemployment compensation) shall not
apply except in the case of individuals exhausting their rights
to regular compensation (as described in clause (i) thereof)
after September 11, 2001. | Temporary Unemployment Compensation Act of 2001 - Provides for a program of temporary supplemental unemployment compensation (TSUC).Sets forth TSUC program requirements for Federal-State agreements, formulas for determining amounts in individual TSUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (excluding extended compensation).Applies TSUC agreements to weeks of unemployment: (1) beginning after the date on which such an agreement is entered into; and (2) ending before January 1, 2003. Makes a modification relating to part-time employment and increased benefits applicable to weeks of unemployment in such TSUC agreement period, regardless of the date on which an individual's claim for benefits is filed. Makes a modification relating to alternative base periods applicable only to initial claims filed after September 11, 2001. Makes TSUC payments applicable only to individuals exhausting their rights to regular compensation after September 11, 2001. | {"src": "billsum_train", "title": "To provide for a program of temporary enhanced unemployment benefits."} | 3,218 | 214 | 0.587828 | 1.682954 | 0.77106 | 4.126374 | 16.961538 | 0.906593 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State-Run Federal Lands Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Qualifying federal land.--The term ``qualifying Federal
land'' means Federal land under the jurisdiction of--
(A) the National Park Service, including national
monuments and recreation areas;
(B) the Bureau of Land Management;
(C) the Forest Service; or
(D) the United States Fish and Wildlife Service,
including wildlife refuges and preserves.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) in the case of land under the jurisdiction of
the National Park Service or the United States Fish and
Wildlife Service, the Secretary of the Interior; and
(B) in the case of land under the jurisdiction of
the Forest Service, the Secretary of Agriculture.
SEC. 3. PETITION BY STATES FOR MANAGEMENT OF CERTAIN QUALIFYING FEDERAL
LANDS.
(a) Submission of Petition by State To Manage Federal Lands.--
Beginning 30 days after the date of the enactment of this Act, a State
may submit to the Secretary concerned a petition to enter into a
cooperative agreement with the Secretary concerned for purposes of
managing certain qualifying Federal lands located in the State.
(b) Determination.--The Secretary concerned shall approve or deny a
petition (including a corrected petition that is resubmitted) submitted
under this section not later than 90 days after the date on which the
Secretary concerned receives the petition.
(c) Denial of Petition.--The Secretary concerned shall approve a
petition submitted under subsection (a) if the Secretary concerned
determines that--
(1) the State has demonstrated that it has sufficient funds
to meet the cost-sharing requirement under subsection (f)(3)
for the duration of the cooperative agreement;
(2) the petition is complete;
(3) the proposed cooperative agreement submitted with the
petition contains all of the terms required under subsection
(f); or
(4) the petition is from a State that had a previous
cooperative agreement terminated and the Secretary determines
that the reasons for that termination warrant denial of the new
(or corrected) petition.
(d) Opportunity To Amend Petition.--
(1) Notice of denial.--If the Secretary concerned denies a
petition under subsection (b), the Secretary concerned shall
provide to the State that submitted such petition written
notice of the denial. Such written notice shall include--
(A) a clear and comprehensive statement of the
reasons why the petition was denied; and
(B) a clear and comprehensive description of any
deficiencies in the petition or the related proposed
cooperative agreement.
(2) Resubmission of corrected petition.--After receiving a
notice from the Secretary under paragraph (1), a State may
amend and resubmit the denied petition.
(e) Petition and Cooperative Agreement Deemed Approved.--If the
Secretary concerned does not approve or deny a petition submitted under
subsection (a) or (d)(2) within the 90 days after receiving the
petition, the petition and the proposed cooperative agreement submitted
with the petition shall be deemed approved.
(f) Petition Contents.--A petition submitted under subsection (a)
shall include--
(1) a letter signed by the Governor of the State submitting
such petition addressed to the Secretary concerned that
contains a description and a corresponding map of the
qualifying Federal lands over which the State seeks to manage;
(2) the proposed cooperative agreement that is the subject
of the petition;
(3) documentation that demonstrates the ability of the
State to provide sufficient funds to administer such lands for
the duration of the cooperative agreement; and
(4) any other documentation that the Secretary concerned
may require.
(g) Cooperative Agreement Contents.--A cooperative agreement
submitted under subsection (e)(2) shall contain--
(1) a statement that the State shall manage certain
qualifying Federal lands located in that State after the
effective date of the transfer of management to the State for a
specified term of years;
(2) a cost-sharing requirement stating that the State shall
provide a certain amount (equal to not less than 50 percent),
in cash or in-kind, of the total amount required for the
management of the qualifying Federal lands concerned;
(3) the amount to be contributed by the State shall be
determined by the Governor of the State and the Secretary
concerned, only after the Secretary concerned submits to the
State a categorical assessment of all costs, in the recent past
and anticipated during the duration of the cooperative
agreement, of managing the qualifying Federal lands concerned,
including employee salary data;
(4) in the event of a natural disaster, as categorized by
the Federal Emergency Management Agency, the State shall assume
authority over recovery initiatives (nullifying any existing
established Federal response protocol) so that--
(A) the cost of damages to any structure on the
qualifying Federal lands concerned be shared by both
State and Federal entities at a ratio in accordance to
the cost-sharing agreement; and
(B) the cost and administration of repair of
damages resulting from natural disasters, not including
structures referred to in subparagraph (A), shall be
assumed by the State rather than the Federal
Government;
(5) all revenue accrued from fees, royalties, and other
revenues related to the qualifying Federal lands concerned
shall be distributed to the State and Federal entities in
accordance to the percentages dictated by the cost-sharing
agreement and shall be used so that the percentage of funds
designated to the Federal entity shall be made available to the
Secretary concerned for use at the sole discretion of the
Secretary concerned;
(6) the procedures to be followed for purposes of the
transition from Federal to State management of the qualifying
Federal lands concerned, including--
(A) a guarantee that all Federal employees managing
the qualifying Federal lands concerned may remain
employed without infringement upon their existing
conditions of employment;
(B) a guarantee that the State may use its
percentage of the amounts required for the management
of the qualifying Federal lands concerned to hire
additional staff whose terms of employment shall be
decided by the petitioning State; and
(C) authority over the qualifying Federal lands
concerned shall be directed by the State that submitted
the petition and a State-appointed manager, but the
implementation of its directives may include the
existing Federal superintendent concerned and performed
in conjunction with State employees;
(7) the transfer of any special use permits issued to the
Secretary concerned with respect to the qualifying Federal
lands concerned to the State;
(8) a provision stating that lands currently open to
mineral entry under the Act of May 10, 1872 (commonly referred
to as the ``General Mining Act of 1872'' (30 U.S.C. 22 et
seq.)), shall remain open to mineral entry under State law
unless subsequently changed by a State mineral closing order;
and
(9) if the qualifying Federal lands concerned cross State
lines, all States involved shall submit a joint petition or the
States must agree to divide the park by State lines to enable
State authority in accordance to the cost-sharing agreement.
(h) Applicability of State Law on Qualifying Federal Lands Under
Cooperative Agreement.--State environmental, wildlife, and land
management laws shall supercede Federal environmental, wildlife, and
land management laws on the qualifying Federal lands administered by a
State under a cooperative agreement in place under this section to the
extent that such laws are more restrictive than the corresponding
Federal laws.
(i) Ownership.--Notwithstanding a State management of qualified
Federal lands under a cooperative agreement entered into under this
section, the United States shall retain all right, title, and interest
in and to such lands.
(j) Termination of Cooperative Agreement.--A cooperative agreement
applicable under this section shall terminate, at the discretion of the
Secretary concerned, under the following circumstances:
(1) The State concerned defaults on a payment, thereby
requiring Federal entities to assume responsibility for the
financial liabilities.
(2) The State concerned is in substantial breach of the
cooperative agreement as determined by the Secretary concerned.
(3) The cooperative agreement terminates under a term
contained in that agreement.
(k) Intentional Termination of Cooperative Agreement.--
(1) If the State no longer finds that the cooperative
agreement is beneficial or in the best interest of the State,
the State must submit a petition to the Secretary concerned
exhibiting credible purpose and reason for such intent.
(2) Not later than 90 days after receiving a petition under
paragraph (1), the Secretary concerned shall determine whether
to approve or deny the petition. | State-Run Federal Lands Act - Authorizes a state to petition the Secretary of the Interior, with respect to National Park Service (NPS) or U.S. Fish and Wildlife Service land, or to the Secretary of Agriculture (USDA), with respect to Forest Service land, to enter into a cooperative agreement for state management of such federal land located in the state. Sets forth requirements for the approval or denial of petitions. Prescribes the contents of such cooperative agreements. | {"src": "billsum_train", "title": "State-Run Federal Lands Act"} | 1,840 | 106 | 0.580528 | 1.436685 | 0.780108 | 2.406593 | 19.516484 | 0.846154 |
SECTION 1. CLARIFICATION OF STATUS OF CERTAIN ORGANIZATIONS AND
RETIREMENT PLANS.
(a) In General.--For purposes of any provision of law--
(1) the organization described in subsection (c)(5)
maintaining the retirement plan of the eligible organization
shall be treated as an organization described in section
414(e)(3)(A) of the Internal Revenue Code of 1986 with respect
to its maintenance of benefit plans of the eligible
organization, and
(2) subject to the provisions of subsection (b), any
retirement plan which, as of January 1, 2003, was maintained by
the organization described in paragraph (1) shall be treated as
a church plan (within the meaning of section 414(e) of such
Code) which is maintained by an organization described in
section 414(e)(3)(A) of such Code.
(b) Special Rules Relating to Retirement Plans.--
(1) Tax-deferred retirement plan.--In the case of a
retirement plan which allows contributions to be made under a
salary reduction agreement and which is treated as a church
plan under subsection (a)--
(A) such treatment shall not apply for purposes of
section 415(c)(7) of the Internal Revenue Code of 1986,
and
(B) any account maintained for a participant or
beneficiary of such plan shall be treated as a
retirement income account described in section
403(b)(9) of such Code, except that such account shall
not, for purposes of section 403(b)(12) of such Code,
be treated as a contract purchased by a church for
purposes of section 403(b)(1)(D) of such Code.
(2) Money purchase pension plan.--In the case of a
retirement plan subject to the requirements of section 401(a)
of such Code and treated as a church plan under subsection
(a)--
(A) such plan (but not any reserves held by the
organization described in subsection (c)(5) maintaining
the retirement plan of the eligible organization)--
(i) shall be treated as a defined
contribution plan which is a money purchase
pension plan, and
(ii) shall be treated as having made an
election under section 410(d) of such Code for
plan years beginning after December 31, 2005,
except that notwithstanding the election--
(I) nothing in the Employee
Retirement Income Security Act of 1974
shall prohibit the plan from
commingling for investment purposes its
assets with any other assets of the
organization described in subsection
(c)(5) maintaining the retirement plan
of the eligible organization (or of
plans maintained by it), and
(II) nothing in this section shall
be construed as subjecting such other
assets to any provision of such Act,
(B) notwithstanding section 401(a)(11) or 417 of
such Code or section 205 of such Act, such plan may
offer a lump-sum distribution option to participants
who have not attained age 55 without offering such
participants an annuity option, and
(C) any account maintained for a participant or
beneficiary of such plan shall, for purposes of section
401(a)(9) of such Code, be treated as a retirement
income account described in section 403(b)(9) of such
Code.
(c) Eligible Organization.--For purposes of this section, the term
``eligible organization'' means any organization if, as of January 1,
2003--
(1) more than 1 church recognizes employment at the
organization by a duly ordained, commissioned, or licensed
minister as service in the exercise of the minister's ministry,
(2) at least 1 nationally or internationally recognized
church association includes the organization (or its national
or international representative body) in its directory of
participating or founding organizations,
(3) such organization or national representative body
thereof is part of an ecumenical movement (founded in the
nineteenth century) to promote worldwide fellowship united by
common loyalty to certain religious values,
(4) such organization's national representative body has
chartered at least 1 organization that provides educational,
recreational, social and religious support to the armed forces
of the United States, and
(5) the organization has a retirement plan which is
administered by an organization--
(A) which was established by State law by a special
act of the legislature and subject to certain
provisions of the State's insurance law,
(B) the principal purpose or function of which is
the administration or funding of a plan or program for
the provision of retirement benefits or welfare
benefits, or both, for employees of the eligible
organization,
(C) is treated as an entity exempt from tax under
section 501(m) of the Internal Revenue Code of 1986
without regard to the application of subsection (a),
and
(D) whose organizing documents are amended no later
than January 1, 2006, to require that, for plan years
beginning on or after such date, the greater of 2
trustees or 10 percent of the membership of its board
of trustees be associated with a church.
For purposes of paragraph (5)(D), association with a church may include
past or present service as an officer or board member of a church
(within the meaning of section 3121(w)(3)(A) of such Code) or a church-
controlled organization (within the meaning of section 3121(w)(3)(B) of
such Code).
(d) Effective Date.--The provisions of this section shall apply to
plan years beginning after December 31, 2003.
Passed the Senate July 14, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2589
_______________________________________________________________________
AN ACT
To clarify the status of certain retirement plans and the organizations
which maintain the plans. | Sets forth rules regarding the status of certain retirement plans maintained by specified types of ecumenical organizations as church plans under the Internal Revenue Code.
Exempts certain of such plans from prohibitions, under the Employee Retirement Income Security Act of 1974, against commingling specified assets for investment purposes. | {"src": "billsum_train", "title": "A bill to clarify the status of certain retirement plans and the organizations which maintain the plans."} | 1,221 | 65 | 0.477651 | 1.253788 | 1.090437 | 2.415094 | 22.660377 | 0.830189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Character Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) inadequate planning at the State level contributes to
increased public and private capital costs for infrastructure
development, loss of community character, and environmental
degradation;
(2) land use planning is rightfully within the jurisdiction
of State and local governments;
(3) comprehensive planning and community development should
be supported by the Federal Government and State governments;
(4) States should provide a proper climate and context for
planning through legislation in order for appropriate
comprehensive land use planning and community development to
occur;
(5) many States have outdated land use planning
legislation, and many States are undertaking efforts to update
and reform the legislation; and
(6) efforts to coordinate State resources with local plans
require additional planning at the State level.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land management agency.--The term ``Federal
land management agency'' means the Bureau of Land Management,
the Forest Service, and any other Federal land management
agency that conducts land use planning for Federal land.
(2) Land use planning legislation.--The term ``land use
planning legislation'' means a statute, regulation, executive
order or other action taken by a State to guide, regulate, and
assist in the planning, regulation, and management of land,
natural resources, development practices, and other activities
related to the pattern and scope of future land use.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(4) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(5) State planning director.--The term ``State planning
director'' means the State official designated by statute or by
the Governor whose principal responsibility is the drafting and
updating of State guide plans or guidance documents that
regulate land use and infrastructure development on a statewide
basis.
SEC. 4. GRANTS TO STATES FOR UPDATING LAND USE PLANNING LEGISLATION AND
INTEGRATING FEDERAL LAND MANAGEMENT AND STATE PLANNING.
(a) In General.--The Secretary shall establish a program to provide
grants to States for the purpose of assisting in--
(1) as a first priority, development or revision of land
use planning legislation in States that currently have
inadequate or outmoded land use planning legislation; and
(2) creation or revision of State comprehensive land use
plans or plan elements in States that have updated land use
planning legislation.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State shall submit to the Secretary, in such form as
the Secretary may require, an application demonstrating that the
State's basic goals for land use planning legislation reform are
consistent with all of the following guidelines:
(1) Citizen representation.--Citizens are notified and
citizen representation is required in the developing, adopting,
and updating of land use plans.
(2) Multijurisdictional cooperation.--In order to
effectively manage the impacts of land development and to
provide for resource sustainability, land use plans are created
based on multi-jurisdictional governmental cooperation, when
practicable, particularly in the case of land use plans based
on watershed boundaries.
(3) Implementation elements.--Land use plans contain an
implementation element that--
(A) includes a timetable for action and a
definition of the respective roles and responsibilities
of agencies, local governments, and other stakeholders;
(B) is consistent with State capital budget
objectives; and
(C) provides the framework for decisions relating
to the siting of future infrastructure development,
including development of utilities and utility
distribution systems.
(4) Comprehensive planning.--There is comprehensive
planning to encourage land use plans that--
(A) promote sustainable economic development and
social equity;
(B) enhance community character;
(C) coordinate transportation, housing, education,
and other infrastructure development;
(D) conserve historic resources, scenic resources,
and the environment; and
(E) sustainably manage natural resources.
(5) Updating.--Land use plans are routinely updated.
(6) Standards.--Land use plans reflect an approach that is
consistent with established professional planning standards.
(c) Use of Grant Funds.--Grant funds received by a State under
subsection (a) shall be used to obtain technical assistance in--
(1) drafting land use planning legislation;
(2) research and development for land use planning programs
and requirements relating to the development of State guide
plans;
(3) conducting workshops, educating and consulting policy
makers, and involving citizens in the planning process; and
(4) integrating State and regional concerns and land use
plans with Federal land use plans.
(d) Amount of Grant.--The amount of a grant to a State under
subsection (a) shall not exceed $500,000.
(e) Cost-Sharing.--The Federal share of a project funded with a
grant under subsection (a) shall not exceed 90 percent.
(f) Audits.--
(1) In general.--The Inspector General of the Department of
Housing and Urban Development shall conduct an audit of a
portion of the grants provided under this section to ensure
that all funds provided under the grants are used for the
purposes specified in this section.
(2) Use of audit results.--The results of audits conducted
under paragraph (1) and any recommendations made in connection
with the audits shall be taken into consideration in awarding
any future grant under this section to a State.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for the period of
fiscal years 2001 through 2005.
SEC. 5. FEDERAL LAND MANAGEMENT AGENCIES.
(a) Land Use Planning Coordinator.--The head of each Federal land
management agency shall designate an officer to act as coordinator
working with State planning directors on projects funded under section
4.
(b) Provision of Information.--A Federal land management agency
shall provide to a State planning director such background information,
plans, and relevant budget information as the State planning director
considers to be needed in connection with a project funded under
section 4.
(c) Assistance and Participation in Community Organized Events.--
Each Federal land management agency shall participate in any community
organized events requested by the State planning director. | Requires grant funds to be used to obtain technical assistance in: (1) drafting such legislation; (2) research and development for land use planning programs and requirements relating to the development of State guide plans; (3) conducting workshops, educating and consulting policy makers, and involving citizens in the planning process; and (4) integrating State and regional concerns and land use plans with such Federal plans.
Requires each Federal land management agency to designate, provide information to, and participate in community events as requested by, a coordinator to work with State planning directors on funded projects. | {"src": "billsum_train", "title": "Community Character Act of 2000"} | 1,405 | 120 | 0.578663 | 1.511676 | 0.539415 | 6.008696 | 11.513043 | 0.965217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hire a Hero Act''.
SEC. 2. COMPETITIVE AWARD OF GRANTS TO NONPROFIT ORGANIZATIONS FOR
ASSISTANCE OF MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES IN SECURING PRIVATE SECTOR EMPLOYMENT.
(a) Findings.--Congress finds that--
(1) the unemployment rate of former members of the Armed
Forces who served in Iraq or Afghanistan exceeds the national
average unemployment rate; and
(2) career training and employment services dedicated to
providing former members of the Armed Forces with professional
skills and technical competency in various trades have shown
remarkable levels of success and are helping to ameliorate the
high unemployment rate among former members of the Armed
Forces.
(b) Sense of Congress.--It is the sense of Congress that the
Federal Government should support private sector employment initiatives
for military personnel in order to help ensure that those who serve or
have served in the Armed Forces have access to gainful employment.
(c) Award of Grants.--
(1) In general.--The Chief of the National Guard Bureau
may, utilizing amounts authorized to be appropriated by
subsection (h), award grants to nonprofit organizations to
assist individuals described in paragraph (2) in securing
employment in the private sector. The nonprofit organizations
to be awarded grants shall be determined on a competitive
basis.
(2) Covered individuals.--An individual described in this
paragraph is any individual as follows:
(A) A member of the National Guard or Reserve.
(B) A member of the Armed Forces who is nearing
separation, discharge, or release from the Armed
Forces.
(C) A former member of the Armed Forces.
(3) Grant term.--A grant under paragraph (1) may be for a
term of one or more years, as determined by the Chief of the
National Guard Bureau.
(4) Expenditure of funds.--The Chief of the National Guard
Bureau may specify in any grant under paragraph (1) dates by
which specific percentages of funds under the grant shall be
expended.
(5) Employment in particular areas of economy.--It is the
sense of Congress that the Chief of the National Guard Bureau
should, in awarding grants under this section, consider
nonprofit organizations that partner with entities and
associations in the private sector involved in construction,
energy, transportation, aerospace, domestic security, and other
areas of the economy in which the employment of individuals
having past military service would be of particular utility.
(d) Utilization of Grant Amounts.--
(1) In general.--A nonprofit organization awarded a grant
under subsection (c) may utilize the grant for operating
expenses, job training, public information activities, and such
other activities as the Chief of the National Guard Bureau
determines appropriate.
(2) Exception for salaries.--The Chief of the National
Guard Bureau shall determine the percentage of amounts received
by a nonprofit organization pursuant to a grant awarded under
subsection (c) that may be used to provide salaries to
employees of the organization. Any such determination shall be
made on a case-by-case basis.
(e) Fiscal Control, Accountability, and Program Performance.--The
Chief of the National Guard Bureau shall establish fiscal control,
accountability, and program performance measures for nonprofit
organizations awarded grants under subsection (c) in the administration
of such grants.
(f) Reports.--
(1) Progress report.--Not later than 180 days after the
date of the enactment of this Act, the Chief of the National
Guard Bureau shall submit to the congressional defense
committees a report setting forth the following:
(A) An assessment of the progress made toward
implementing the requirements of this section.
(B) A description of any grants awarded under
subsection (c).
(2) Annual report.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Chief of the National Guard Bureau shall submit to the
congressional defense committees a report containing a
description of each grant awarded under subsection (c) during
the preceding fiscal year.
(g) Congressional Defense Committees Defined.--The term
``congressional defense committees'' has the meaning given that term in
section 101(a)(16) of title 10, United States Code.
(h) Funding.--There is authorized to be appropriated for each of
fiscal years 2008 through 2012 for the Department of Defense for
operation and maintenance for the Army National Guard, $25,000,000 to
carry out this section. | Hire a Hero Act - Expresses the sense of Congress that the federal government should support private sector employment initiatives for military personnel to help ensure that those who serve or have served in the Armed Forces have access to gainful employment.
Authorizes the Chief of the National Guard Bureau (Chief) to award grants to nonprofit organizations to assist the following individuals in securing employment in the private sector: (1) a member of the National Guard or reserve; (2) a member of the Armed Forces who is nearing separation, discharge, or release; and (3) a former member of the Armed Forces.
Expresses the sense of Congress that the Chief, in awarding such grants, should consider organizations that partner with private entities and associations involved in construction, energy, transportation, aerospace, domestic security, and other areas in which the employment of individuals having past military service would be of particular utility.
Requires the Chief to establish fiscal control, accountability, and program performance measures for grantees. | {"src": "billsum_train", "title": "A bill to authorize a competitive grant program to assist members of the National Guard and Reserve and former and current members of the Armed Forces in securing employment in the private sector, and for other purposes."} | 983 | 215 | 0.673175 | 1.928419 | 0.896758 | 6.036458 | 4.713542 | 0.973958 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Congress strongly supports providing every honorably
discharged veteran the opportunity to be buried in a national
veterans cemetery in recognition of their sacrifices for the
freedoms enjoyed by every citizen of the United States.
(2) The Department of Veterans Affairs has determined that
a population threshold of 170,000 eligible people living within
a 75-mile service radius is appropriate to merit the
establishment of a new national cemetery in areas of greatest
need nationwide.
(3) Although the Department of Veterans Affairs estimates a
projected veterans population of 133,000 within a 75-mile
radius of the city of Bellevue, Nebraska, an independent
analysis conducted by the Metropolitan Area Planning Agency
located in Omaha, Nebraska, concluded that 172,500 people who
reside within a 75-mile radius of Bellevue would be eligible to
be buried in a national cemetery.
(4) Congress has consistently authorized the construction
of six new national cemeteries every four years since 1999,
with the first six established by section 611 of the Veterans
Millennium Health Care and Benefits Act (Public Law 106-117; 38
U.S.C. 2400 note) and the next six established by the National
Cemetery Expansion Act of 2003 (Public Law 108-109; 38 U.S.C.
2400 note).
(5) The independent report titled ``Future Burial Needs''
and completed for the Department of Veterans Affairs in 2002
pursuant to section 613 of the Veterans Millennium Health Care
and Benefits Act (Public Law 106-117; 38 U.S.C. 2404 note)
recommended Omaha, Nebraska, as a location for a new national
cemetery to be built in 2005.
(6) The Midwest Health Care Network of the Department of
Veterans Affairs, which is responsible for the provision of
health care for veterans residing in Iowa and Nebraska,
currently serves a high population of aging veterans.
(7) Major veterans and military advocacy organizations
endorse the establishment of a national cemetery to serve
veterans and their family members in the eastern Nebraska and
western Iowa regions, including the following:
(A) The Nebraska Department of Disabled American
Veterans.
(B) The Heartland of America Chapter of the
Military Officers Association of America.
(C) The Great Plains Chapter of Paralyzed Veterans
of America.
(D) The Nebraska Department of Veterans of Foreign
Wars.
(E) The Nebraska chapter of Vietnam Veterans of
America.
(F) The Nebraska Military Order of the Purple
Heart.
(G) The Nebraska State Air Force Association.
(H) The Air Force Sergeants Association, Chapter
984.
(I) The Nebraska Department of the American Legion.
(J) The Forty & Eight Charitable Veterans.
(K) The Nebraska chapter of the American Ex-
Prisoners of War.
(L) The Nebraska chapter of Gold Star Wives.
(M) The Korean War Veterans Association, Nebraska
Chapter 1.
(N) The Marine Corps League in Nebraska.
(O) The Nebraska Department of American Veterans.
(8) Such organizations represent a combined membership of
not less than 85,700 veterans and military advocates in the
State of Nebraska.
SEC. 2. ESTABLISHMENT OF NATIONAL CEMETERY IN EASTERN NEBRASKA REGION.
(a) In General.--The Secretary of Veterans Affairs shall establish,
in accordance with chapter 24 of title 38, United States Code, a
national cemetery in the eastern Nebraska region to serve the needs of
veterans and their families in the eastern Nebraska and western Iowa
regions.
(b) Consultation in Selection of Site.--Before selecting the site
for the national cemetery established under subsection (a), the
Secretary shall consult with--
(1) appropriate officials of the State of Nebraska and
local officials in the eastern Nebraska region; and
(2) appropriate officials of the United States, including
the Administrator of General Services, with respect to land
belonging to the United States in that region that would be
suitable to establish the national cemetery under subsection
(a).
(c) Report.--As soon as practicable after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
establishment of the national cemetery under subsection (a). The report
shall set forth a schedule for such establishment and an estimate of
the costs associated with such establishment. | Directs the Secretary of Veterans Affairs to establish a national cemetery in eastern Nebraska to serve the needs of veterans and their families in eastern Nebraska and western Iowa. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Veterans Affairs to establish a national cemetery in the eastern Nebraska region to serve veterans in the eastern Nebraska and western Iowa regions."} | 913 | 33 | 0.58048 | 1.576799 | 0.784222 | 3.7 | 29.433333 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Best Buddies Empowerment for People
with Intellectual Disabilities Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Best Buddies operates the first national social and
recreational program in the United States for people with
intellectual disabilities.
(2) Best Buddies is dedicated to helping people with
intellectual disabilities become part of mainstream society.
(3) Best Buddies is determined to end social isolation for
people with intellectual disabilities by promoting meaningful
friendships between them and their non-disabled peers in order
to help increase the self-esteem, confidence, and abilities of
people with and without intellectual disabilities.
(4) Since 1989, Best Buddies has enhanced the lives of
people with intellectual disabilities by providing
opportunities for 1-to-1 friendships and integrated employment.
(5) Best Buddies is an international organization spanning
1,300 middle school, high school, and college campuses.
(6) Best Buddies implements programs that will positively
impact more than 400,000 individuals in 2009 and expects to
impact 500,000 people by 2010.
(7) The Best Buddies Middle Schools program matches middle
school students with intellectual disabilities with other
middle school students and supports 1-to-1 friendships between
them.
(8) The Best Buddies High Schools program matches high
school students with intellectual disabilities with other high
school students and supports 1-to-1 friendships between them.
(9) The Best Buddies Colleges program matches adults with
intellectual disabilities with college students and creates 1-
to-1 friendships between them.
(10) The Best Buddies e-Buddies program supports e-mail
friendships between people with and without intellectual
disabilities.
(11) The Best Buddies Citizens program pairs adults with
intellectual disabilities in 1-to-1 friendships with other
individuals in the corporate and civic communities.
(12) The Best Buddies Jobs program promotes the integration
of people with intellectual disabilities into the community
through supported employment.
(b) Purpose.--The purposes of this Act are to--
(1) provide support to Best Buddies to increase
participation in and public awareness about Best Buddies
programs that serve people with intellectual disabilities;
(2) dispel negative stereotypes about people with
intellectual disabilities; and
(3) promote the extraordinary contributions of people with
intellectual disabilities.
SEC. 3. ASSISTANCE FOR BEST BUDDIES.
(a) Education Activities.--The Secretary of Education may award
grants to, or enter into contracts or cooperative agreements with, Best
Buddies to carry out activities to promote the expansion of Best
Buddies, including activities to increase the participation of people
with intellectual disabilities in social relationships and other
aspects of community life, including education and employment, within
the United States.
(b) Limitations.--
(1) In general.--Amounts appropriated to carry out this Act
may not be used for direct treatment of diseases, medical
conditions, or mental health conditions.
(2) Administrative activities.--Not more than 5 percent of
amounts appropriated to carry out this Act for a fiscal year
may be used for administrative activities.
(c) Rule of Construction.--Nothing in this Act shall be construed
to limit the use of non-Federal funds by Best Buddies.
SEC. 4. APPLICATION AND ANNUAL REPORT.
(a) Application.--
(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under section 3(a), Best Buddies shall
submit an application at such time, in such manner, and
containing such information as the Secretary of Education may
require.
(2) Content.--At a minimum, an application under this
subsection shall contain the following:
(A) A description of activities to be carried out
under the grant, contract, or cooperative agreement.
(B) Information on specific measurable goals and
objectives to be achieved through activities carried
out under the grant, contract, or cooperative
agreement.
(b) Annual Report.--
(1) In general.--As a condition of receipt of any funds
under section 3(a), Best Buddies shall agree to submit an
annual report at such time, in such manner, and containing such
information as the Secretary of Education may require.
(2) Content.--At a minimum, each annual report under this
subsection shall describe the degree to which progress has been
made toward meeting the specific measurable goals and
objectives described in the applications submitted under
subsection (a).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Education for grants, contracts, or cooperative agreements under
section 3(a), $10,000,000 for fiscal year 2010, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
Passed the House of Representatives April 22, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Best Buddies Empowerment for People with Intellectual Disabilities Act of 2009 - (Sec. 3) Authorizes the Secretary of Education to award grants to, or enter into agreements with, Best Buddies (a nonprofit organization dedicated to helping people with intellectual disabilities mesh with mainstream society) to promote the expansion of its programs.
Prohibits the use of funds appropriated pursuant to this Act for the direct treatment of diseases, medical conditions, or mental health conditions.
(Sec. 4) Requires Best Buddies' application for a grant or agreement to include specific measurable goals and objectives to be achieved.
Requires Best Buddies to report annually to Congress on the degree to which it is making progress toward such goals and objectives.
(Sec. 5) Authorizes appropriations for such grants or agreements from FY2010-FY2014. | {"src": "billsum_train", "title": "To provide assistance to Best Buddies to support the expansion and development of mentoring programs, and for other purposes."} | 1,029 | 188 | 0.676815 | 2.150764 | 0.909304 | 2.896104 | 6.38961 | 0.883117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traumatic Brain Injury Access to
Options Act''.
SEC. 2. CARE AND SERVICES FOR MEMBERS OF THE ARMED FORCES FOR TRAUMATIC
BRAIN INJURY.
(a) Retention on Active Duty.--
(1) In general.--Except as provided in paragraph (3) and
subject to paragraph (4), the Secretary of Defense shall
prescribe regulations to ensure that each member of the Armed
Forces who incurs a covered traumatic brain injury while on
active duty in the Armed Forces shall be retained on active
duty in the Armed Forces for one year after the medical
assessment of their ability to perform their activities of
daily living (ADL).
(2) Limitation on physical evaluation board.--A member of
the Armed Forces who is retained on active duty under paragraph
(1) may not be evaluated by a Physical Evaluation Board for
purposes of determining the eligibility of the member for
retirement or separation for disability under law during the
one-year period described in that paragraph.
(3) Election of inapplicability.--(A) Paragraph (1) shall
not apply to a member of the Armed Forces otherwise described
by that paragraph--
(i) upon the election of the member; or
(ii) if the member is incapacitated or otherwise
incapable of making the election--
(I) upon the election of the family member;
(II) upon the election of the legal
guardian of the member under a medical power of
attorney; or
(III) if the member does not have any
family members or a medical power of attorney,
the person appointed by the Secretary of the
military department concerned to act as the
medical advocate to ensure the proper receipt
by the member of such care and services for the
covered traumatic brain injury as are available
to the member through the Department of
Defense.
(B) In any case where a family member or legal guardian of
a member of the Armed Forces is present, the medical advocate
shall provide a written summary of benefits from the Department
of Defense and the Department of Veterans Affairs that are
available to the member of the Armed Forces for the injury or
injuries involved.
(C) Any individual who carries out the duties of a medical
advocate under this paragraph shall receive such training for
the discharge of such duties, including training in applicable
protocols of the Department of Defense and the Department of
Veterans Affairs, as the Secretary of Defense (in consultation
with the Secretary of Veterans Affairs) considers appropriate.
(D) The Secretary of Defense shall prescribe regulations to
carry out this paragraph.
(4) Extension of period of retention on active duty.--The
period of retention of a member of the Armed Forces on active
duty under paragraph (1) may be such period longer than the
period otherwise provided under that paragraph as the Secretary
of the military department concerned considers appropriate in
light of the medical progress of the member for the covered
traumatic brain injury, as determined by such Secretary in
consultation with the medical personnel providing care to the
member for the covered traumatic brain injury and the family
member, legal guardian, or medical advocate of the member.
(5) Purposes of retention on active duty.--The purposes of
retaining a member of the Armed Forces on active duty under
paragraph (1) shall include, but not be limited to, the
following:
(A) The provision of recurring medical evaluations
of the member for the effects of a covered traumatic
brain injury.
(B) The provision of cognitive therapy for the
member for a covered traumatic brain injury, including
cognitive therapy through medical facilities of the
Veterans Administration and private rehabilitation
hospitals or facilities with the cost of such therapy
borne by the Department of Defense.
(6) Sunset.--This subsection shall expire on the date that
is five years after the date of the enactment of this Act.
However, any member of the Armed Forces retained on active duty
under paragraph (1) before that date may be retained on active
duty in accordance with this subsection after that date.
(b) Comptroller General Assessments of Care and Services Provided
by Department of Defense and Department of Veterans Affairs.--Not later
than two years after the date of the enactment of this Act, and every
year thereafter, the Comptroller General of the United States shall
submit to Congress a report assessing the discrepancies in benefits and
services available to members of the Armed Forces on active duty and
medically retired members of the Armed Forces with traumatic brain
injuries. Each such report shall identify and address such
discrepancies.
(c) Deadline for Regulations.--The Secretary of Defense shall
prescribe the regulations required by this section not later than 90
days after the date of the enactment of this Act.
(d) Covered Traumatic Brain Injury Defined.--In this section, the
term ``covered traumatic brain injury'', in the case of a member of the
Armed Forces, means a traumatic brain injury as a result of which the
member is unable to perform the activities of daily living (ADL) for a
period of least five consecutive days from the date of medical
assessment. | Traumatic Brain Injury Access to Options Act - Directs the Secretary of Defense to ensure that each member of the Armed Forces who incurs a traumatic brain injury (where the member is unable to perform activities of daily living for at least five consecutive days from the date of a medical assessment) while on active duty shall be retained on active duty for one year after the date of the assessment. Prohibits such member from being evaluated during the one-year period by a physical evaluation board for determining eligibility for retirement or separation due to such disability. Allows a member (or his or her guardian or legal advocate) to choose to make such requirements inapplicable to the member. Authorizes the Secretary of the military department concerned to extend the one-year period as appropriate in light of medical progress.
Requires annual Comptroller General assessments of traumatic brain injury care and services provided by the Departments of Defense and Veterans Affairs. | {"src": "billsum_train", "title": "A bill to facilitate the provision of care and services for members of the Armed Forces for traumatic brain injury, and for other purposes."} | 1,117 | 205 | 0.635076 | 1.746933 | 0.833166 | 3.132948 | 6.052023 | 0.901734 |
SECTION 1. WASHOE TRIBE LAND CONVEYANCE.
(a) Findings.--Congress finds that--
(1) the ancestral homeland of the Washoe Tribe of Nevada
and California (referred to in this Act as the ``Tribe'')
included an area of approximately 5,000 square miles in and
around Lake Tahoe, California and Nevada, and Lake Tahoe was
the heart of the territory;
(2) in 1997, Federal, State, and local governments,
together with many private landholders, recognized the Washoe
people as indigenous people of Lake Tahoe Basin through a
series of meetings convened by those governments at 2 locations
in Lake Tahoe;
(3) the meetings were held to address protection of the
extraordinary natural, recreational, and ecological resources
in the Lake Tahoe region;
(4) the resulting multiagency agreement includes objectives
that support the traditional and customary uses of National
Forest System land by the Tribe; and
(5) those objectives include the provision of access by
members of the Tribe to the shore of Lake Tahoe in order to
reestablish traditional and customary cultural practices.
(b) Purposes.--The purposes of this Act are--
(1) to implement the joint local, State, tribal, and
Federal objective of returning the Tribe to Lake Tahoe; and
(2) to ensure that members of the Tribe have the
opportunity to engage in traditional and customary cultural
practices on the shore of Lake Tahoe to meet the needs of
spiritual renewal, land stewardship, Washoe horticulture and
ethnobotany, subsistence gathering, traditional learning, and
reunification of tribal and family bonds.
(c) Conveyance on Condition Subsequent.--Subject to valid existing
rights, the easement reserved under subsection (d), and the condition
stated in subsection (e), the Secretary of Agriculture shall convey to
the Secretary of the Interior, in trust for the Tribe, for no
consideration, all right, title, and interest in the parcel of land
comprising approximately 24.3 acres, located within the Lake Tahoe
Basin Management Unit north of Skunk Harbor, Nevada, and more
particularly described as Mount Diablo Meridian, T15N, R18E, section
27,
lot 3.
(d) Easement.--
(1) In general.--The conveyance under subsection (c) shall
be made subject to reservation to the United States of a
nonexclusive easement for public and administrative access over
Forest Development Road #15N67 to National Forest System land,
to be administered by the Secretary of Agriculture.
(2) Access by individuals with disabilities.--The Secretary
of Agriculture shall provide a reciprocal easement to the Tribe
permitting vehicular access to the parcel over Forest
Development Road #15N67 to--
(A) members of the Tribe for administrative and
safety purposes; and
(B) members of the Tribe who, due to age,
infirmity, or disability, would have difficulty
accessing the conveyed parcel on foot.
(e) Condition on Use of Land.--
(1) In general.--In using the parcel conveyed under
subsection (c), the Tribe and members of the Tribe--
(A) shall limit the use of the parcel to
traditional and customary uses and stewardship
conservation for the benefit of the Tribe;
(B) shall not permit any permanent residential or
recreational development on, or commercial use of, the
parcel (including commercial development, tourist
accommodations, gaming, sale of timber, or mineral
extraction); and
(C) shall comply with environmental requirements
that are no less protective than environmental
requirements that apply under the Regional Plan of the
Tahoe Regional Planning Agency.
(2) Termination and reversion.--If the Secretary of the
Interior, after notice to the Tribe and an opportunity for a
hearing, based on monitoring of use of the parcel by the Tribe,
makes a finding that the Tribe has used or permitted the use of
the parcel in violation of paragraph (1) and the Tribe fails to
take corrective or remedial action directed by the Secretary of
the Interior--
(A) title to the parcel in the Secretary of the
Interior, in trust for the Tribe, shall terminate; and
(B) title to the parcel shall revert to the
Secretary of Agriculture.
Passed the Senate August 1, 2002.
Attest:
JERI THOMSON,
Secretary. | Directs the Secretary of Agriculture to convey certain land in the Lake Tahoe Basin Management Unit, Nevada, to the Secretary of the Interior, in trust for the Washoe Tribe of Nevada and California.Reserves for the United States a nonexclusive easement for public and administrative access to National Forest System land. Requires the Secretary to provide a reciprocal easement to the Tribe for vehicular access to such land to accommodate: (1) individuals with disabilities or who would otherwise have access difficulties; and (2) administrative or safety needs.Requires the Tribe to: (1) limit the use of the conveyed land to traditional and customary uses and stewardship conservation; (2) not permit any permanent or recreational development on, or commercial use of, such land (including commercial development, tourist accommodations, gaming, sale of timber, or mineral extraction); and (3) comply with environmental requirements that are no less protective than those that apply under the Regional Plan of the Tahoe Regional Planning Agency. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Agriculture to convey certain land in the Lake Tahoe Basin Management Unit, Nevada, to the Secretary of the Interior, in trust for the Washoe Indian Tribe of Nevada and California."} | 923 | 208 | 0.62918 | 2.026943 | 0.89848 | 4.455026 | 4.560847 | 0.941799 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Giuseppe Garibaldi was born on July 4, 1807 in Nice.
(2) Garibaldi's family's involvement in coastal trade drew
him to a life at sea. He was certified in 1832 as a merchant
marine captain.
(3) As a young man Garibaldi joined the movement of La
Giovine Italia (``Young Italy'') which was founded by Giuseppe
Mazzini, who was an impassioned proponent of Italian
unification.
(4) Garibaldi participated in various independence
struggles throughout Central and South America.
(5) Garibaldi came to the United States where he applied
for citizenship and began learning English. He lived for a time
with inventor Antonio Meucci in his home in Staten Island, New
York.
(6) The Garibaldi-Meucci Museum is a place where Italian-
American heritage and culture can be celebrated as well as
where the lives of Giuseppe Garibaldi and Antonio Meucci can be
remembered.
(7) The Garibaldi-Meucci Museum was listed on the U.S.
National Register of Historic Places in 1980.
(8) In 1854, Giuseppe Garibaldi left Staten Island, New
York and returned to Italy as the commander in the conflicts of
the Risorgimento to lead military forces that would provide for
the unification of Italy.
(9) The Risorgimento's progress was eagerly followed in a
United States ideologically opposed to European dynastic
``tyranny''. The victory was viewed in this country as a
powerful vindication of the right of the individual to
political self-determination.
(10) Giuseppe Garibaldi, who led Italy to unification in
1861, was offered a command as Major General in the Union Army
by President Abraham Lincoln. Garibaldi declined, but to honor
him, the 39th New York Infantry was known as ``The Garibaldi
Guard''. About 150 of its 850 men were Italian. It fought in
the Union Army from Bull Run to Appomattox.
(11) Garibaldi was an active freemason, and thought of
masonry as a network to unite men as brothers both within
nations and as members of a global community.
(12) Garibaldi spent the rest of his life in Caprera with
his wife, Francesca Armosino, and their children and family
members. He died on June 2, 1882.
(13) Giuseppe Garibaldi is one of the most symbolic figures
of the Republic of Italy and a national hero. Five Italian Navy
ships have been named after him, including the Italian navy's
current flagship, the aircraft carrier ``Giuseppe Garibaldi''.
(14) On March 17, 2011, the Republic of Italy will
officially celebrate Italy's 150th Anniversary with a series of
activities across the nation of Italy, in Washington, DC and
throughout the United States to highlight the unique
partnership between Italy and the United States. As long time
allies, both nations share a common set of values, historical
ties, and cultural relations that span multiple centuries.
(15) From the arts and sciences to political thinking and
beyond, the lives and ideas of great men like Andrea Palladio
and Thomas Jefferson, Benjamin Franklin and Antonio Meucci, and
Giuseppe Garibaldi and Abraham Lincoln have inspired and
enlightened one another.
(16) Today, the legacy of immigrants is found throughout
the United States in the millions of American men, women and
children of Italian descent and the community organizations
such as the National Italian American Foundation and others
that serve to strengthen and enrich our country.
(17) Upon arrival to a new home, the Italian American
community faced racial, social, and religious discrimination.
Yet, Italian Americans persevered with hope and hard work to
reach the American dream, flourished in all areas of public and
economic life, and helped build our great country while
preserving their proud Italian traditions. As proud service
members, they have also defended the liberty and integrity of
the United States of America since the Revolutionary War,
during both World Wars, the wars in Vietnam, Korea and the
Persian Gulf up until today's current conflicts.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--
(1) In general.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate
shall make appropriate arrangements for the presentation, on
behalf of Congress, of a gold medal of appropriate design in
recognition of the contributions of Giuseppe Garibaldi to the
Nation.
(2) Display of medal in capitol visitor center.--The
Architect of the Capitol shall arrange for the gold medal
presented under this subsection to be displayed in the Capitol
Visitor Center as part of an exhibit honoring Giuseppe
Garibaldi.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck under this Act are national
medals for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund. | Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal in recognition of the contributions of Giuseppe Garibaldi to the nation. | {"src": "billsum_train", "title": "To award posthumously a Congressional Gold Medal to Giuseppe Garibaldi and to Recognize the Republic of Italy on the 150th Anniversary of its Unification."} | 1,426 | 53 | 0.423338 | 1.217891 | -0.680586 | 6.418605 | 29.093023 | 0.976744 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drought Information Act of 2012''.
SEC. 2. REAUTHORIZATION OF NATIONAL INTEGRATED DROUGHT INFORMATION
SYSTEM.
(a) System Amendments.--Section 3 of the National Integrated
Drought Information System Act of 2006 (15 U.S.C. 313d) is amended--
(1) in subsection (a)--
(A) by inserting ``and continue to support'' after
``establish''; and
(B) by inserting before the period at the end the
following: ``to better inform and provide for more
timely decisionmaking to reduce drought related impacts
and costs''; and
(2) by striking subsection (b) and inserting the following:
``(b) System Functions.--The National Integrated Drought
Information System shall--
``(1) provide an effective drought early warning system
that--
``(A) collects and integrates information on the
key indicators of drought in order to make usable,
reliable, and timely forecasts of drought, including
assessments of the severity of drought conditions and
impacts; and
``(B) provides such information, forecasts, and
assessments on both national and regional levels;
``(2) communicate drought forecasts, drought conditions,
and drought impacts on an ongoing basis to--
``(A) decisionmakers at the Federal, regional,
State, tribal, and local levels of government;
``(B) the private sector; and
``(C) the public;
``(3) provide timely data, information, and products that
reflect local, regional, and State differences in drought
conditions;
``(4) coordinate, and integrate as practicable, Federal
research in support of a drought early warning system;
``(5) build upon existing forecasting and assessment
programs and partnerships, such as partnerships with--
``(A) the Regional Integrated Sciences and
Assessments program of the National Oceanic and
Atmospheric Administration;
``(B) Cooperative Extension System offices of the
Department of Agriculture;
``(C) the National Institute of Food and
Agriculture;
``(D) the Office of the Chief Economist of the
Department of Agriculture;
``(E) the Farm Service Agency; and
``(F) other Federal agencies or departments that
monitor and disseminate weather and climate
information; and
``(6) continue ongoing research activities related to
drought, including research activities relating to length,
severity, and impacts of drought and the role of extreme
weather events and climate variability in drought.''.
(b) Authorization of Appropriations.--Section 4 of such Act (15
U.S.C. 313d note) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) $14,500,000 for each of fiscal years 2013 through
2017.''.
(c) Report.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Under Secretary of Commerce for
Oceans and Atmosphere shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report on the National Integrated Drought
Information System.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the implementation of the
National Integrated Drought Information System,
including an assessment of how the information,
forecasts, and assessments produced by such system are
utilized in drought policy planning and response
activities.
(B) Specific plans for continued development of the
system, including future milestones.
(C) An identification of research, monitoring, and
forecasting needs to enhance the predictive capability
of--
(i) drought early warnings;
(ii) the length and severity of droughts;
and
(iii) the contribution of weather events to
reducing the severity or ending drought
conditions.
(D) A list of persons in the private sector with
whom the Under Secretary collaborates to implement the
National Integrated Drought Information System.
(E) A description of the outreach activities
conducted by the Under Secretary regarding the National
Integrated Drought Information System.
(3) Consultation.--In developing the report required by
paragraph (1), the Under Secretary shall consult with relevant
Federal, regional, State, tribal, and local government
agencies, research institutions, and the private sector. | Drought Information Act of 2012 - Amends the National Integrated Drought Information System Act of 2006 to specify that: (1) the Under Secretary of Commerce for Oceans and Atmosphere shall continue to support the National Integrated Drought Information System (NIDIS) Program, and (2) the program's purpose shall be to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs. Revises NIDIS functions to require the NIDIS to, among other things: (1) provide certain information, forecasts, and assessments described in the Act on both national and regional levels; (2) build upon existing forecasting and assessment programs and partnerships, such as those with specified programs of the National Oceanic and Atmospheric Administration (NOAA), extension system and economist offices of the Department of Agriculture (USDA), the National Institute of Food and Agriculture, and the Farm Service Agency; and (3) continue ongoing research activities related to drought and the role of extreme weather events and climate variability in drought.
Requires the Under Secretary to provide a report to Congress concerning the NIDIS Program that includes a list of persons in the private sector with whom the Under Secretary collaborates on NIDIS implementation and a description of NIDIS outreach activities.
Authorizes appropriations to carry out the Act through FY2017. | {"src": "billsum_train", "title": "A bill to reauthorize the National Integrated Drought Information System, and for other purposes."} | 1,000 | 282 | 0.704716 | 1.909571 | 0.815265 | 3.651639 | 3.95082 | 0.872951 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Improving Long-Term
Care and Community Services Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Long-term care refers to a broad range and network of
health and social services that are used by persons who cannot
care for themselves independently because of a physical,
cognitive, or mental disability, or a combination thereof.
(2) Well over 9,400,000 adults receive long-term care in
the United States, and over 1,000,000 children living in the
community have long-term care limitations.
(3) The number of people who are in need of long-term care
is expected to grow due to the Nation's large aging population,
longer life spans among the chronically ill and persons living
with disabilities, and the higher incidence of acquired
disabilities from unmanaged conditions such as heart and
respiratory disease, obesity, stroke, and diabetes.
(4) Most people with long-term care needs prefer to live at
home and remain in their communities. These individuals receive
assistance primarily through informal caregivers, families, and
friends who provide care without compensation.
(5) Family caregivers can endure emotional and physical
stress, and often make significant financial and career
sacrifices to provide long-term care.
(6) Formal providers range from institutional settings and
other residential care facilities to a variety of agencies and
organizations that provide a wide array of home and community-
based services such as personal care, home-delivered meals
programs, transportation, and adult day care programs.
(7) Direct care workers provide the majority of paid long-
term care services to individuals with long-term care
limitations. Health care providers have expressed difficulty in
attracting and retaining direct care workers and the demand for
these workers is expected to increase.
(8) Planning for long-term care expenses is an essential
part of financial planning, however, most individuals and
families do not plan for such expenses.
(9) Identifying and arranging for long-term care services
can be a complex task for individuals and their families.
Uneven distribution of services in communities and across
States and United States territories often leads to
difficulties in accessing services.
(10) A significant portion of formal long-term care costs
are financed with personal funds and this method of payment
potentially poses economic burdens to individuals and their
families that can result in financial ruin, including medical
bankruptcy.
(11) The largest public payer for long-term care is
Medicaid, which allows States to enforce strict requirements
for eligibility, and discourages some Medicaid recipients from
acquiring a higher income for fear of losing Medicaid benefits.
(12) Decisions pertaining to long-term care are often
emotionally charged and culturally contentious, and present
emotional and financial challenges for patients, families, and
their providers.
(13) Although the financing and delivery of long-term care
plays a strong role in the way that such care is provided and
received, there has never been a comprehensive national plan
for the long-term care, particularly regarding home and
community-based services.
(14) The last time that Congress comprehensively reviewed
policy options for long-term care reform was nearly two decades
ago, under a U.S. Bipartisan Commission on Comprehensive Health
Care referred to as the Pepper Commission.
(15) Limited data on the use and need for long-term care
exists thereby hindering the development of a targeted national
strategy to address the disparities in routine access to these
services.
(16) Personal choice, access, cost (including reimbursement
policy), effectiveness, and quality standards must be
adequately addressed when composing a national strategy for
long-term care.
SEC. 3. ESTABLISHMENT; POLICY RECOMMENDATIONS AND COMPREHENSIVE
NATIONAL STRATEGY.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall establish a commission
(in this Act referred to as the ``Commission'') that is designed to
construct a comprehensive national strategy (described in subsection
(b)(2)) on how to increase the affordability, accessibility, and
effectiveness of long-term care and community services in the United
States and United States Territories.
(b) Policy Recommendations and Comprehensive National Strategy.--
(1) Policy recommendations.--The Commission's policy
recommendations under this Act must address economic,
geographic, cultural, social, transportation, workforce, and
other factors that limit access to quality home, community, and
institutional services that can result in the need for more
costly and less effective care, compromise the financial,
mental, and physical well-being of caregivers, compromise the
independence, mental health, physical health and dignity of
individuals, or result in the foregoing of needed services.
(2) Comprehensive national strategy.--The comprehensive
national strategy described in this paragraph shall be
developed not later than 2 years after the date of the
enactment of this Act and shall provide recommendations on how
to--
(A) facilitate and maintain necessary changes in
business practices, public policy, care processes, and
administrative systems to support a consumer-oriented
long-term care system that delivers efficient, cost-
effective, and consumer-centered care and services;
(B) address issues of waste, fraud, and abuse by
providers, agencies, facilities, professional and
paraprofessional staff, and others involved in
institutional, home, and community health settings by
targeting chronically poor performing providers,
decertifying persistently substandard providers, and
monitoring institutional, home, and community entities
to ensure compliance with State and Federal quality
standards and criteria;
(C) make priorities of preventive health and the
effective management of chronic diseases such as heart
and respiratory disease, diabetes, HIV/AIDS, stroke,
and obesity, in order to prevent them from becoming
permanently debilitating or disabling and help decrease
future dependence on long-term care;
(D) establish and support existing and future
evidence-based research efforts among States,
government entities, organizations, and stakeholders
that are designed to address gaps in data and knowledge
about long-term care and the populations in need of
these services, and provide information on the
effectiveness and consequences of long-term care
programs and policies;
(E) facilitate partnership and coordination among
State and Federal health care entities to improve
working conditions, training, management, requirements,
and competencies for long-term care workers
(particularly home health aides and other
paraprofessionals) to prevent turnover rates, staff
shortages, patient abuse, and improve job skills, job
satisfaction, and delivery of care;
(F) identify and address flaws in reimbursement
policies for long-term care services through Medicare
under title XVIII of the Social Security Act and
Medicaid under title XIX of such Act, and decrease the
reliance on out-of-pocket-spending for long-term care;
(G) improve access to affordable and safe housing
and transportation options for persons requiring long-
term care and community services;
(H) increase access to home and community-based
services through Medicaid to meet consumer demands and
preferences and emphasize cost-effective non-
institutional care alternatives that provide
satisfaction and high quality care to all those
requiring long-term care services;
(I) assist agencies and the private sector on
effectively disseminating information to consumers
about the various types of long-term care networks and
options available to consumers, educate consumers about
the potential benefits and risks of certain long-care
options, and inform consumers about State-specific
information regarding long-term care services;
(J) increase the use and affordability of long-term
care insurance and other fiscally responsible measures
to finance long-term care services;
(K) sufficiently fund and support programs,
facilities, and initiatives that have proven to
ameliorate the financial, physical, and mental stress
on informal caregivers, and improve their ability to
deliver services to individuals requiring long-term
care; and
(L) sufficiently fund and support programs,
entities, and initiatives that have proven to help
individuals achieve and maintain their highest possible
level of independence, health, and function.
The comprehensive national strategy would include as available,
pursuant to request by the Committee to the Congressional
Budget Office, an analysis of the costs and savings that would
result from executing this comprehensive strategy on long-term
care to the extent possible.
SEC. 4. MEMBERSHIP.
(a) In General.--The Commission shall be composed of 15 members who
are appointed by the President and who are from Federal agencies such
as the Social Security Administration, Institute of Medicine,
Administration on Aging, Centers for Disease Control, Centers for
Medicare and Medicaid Services, Health Resources Services
Administration, and other national stakeholders.
(b) Terms.--Each member shall be appointed for the life of the
Commission.
(c) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(d) Basic Pay.--Members of the Commission shall serve without pay.
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
(f) Quorum.--8 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
SEC. 5. CHAIRPERSON.
(a) In General.--The Chairperson of the Commission shall be elected
by the members not later than 30 days after the date on which all of
the original members of the Commission have been appointed.
(b) Presidential Appointment.--If the members of the Commission are
unable to elect the Chairperson in accordance with subsection (a), the
President shall appoint a member of the Commission to be the
Chairperson.
SEC. 6. MEETINGS.
The Commission shall meet at the call of the Chairperson.
SEC. 7. STAFF.
(a) In General.--
(1) Appointment and compensation.--The Chairperson, in
accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its duties, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level
IV of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Personnel as federal employees.--
(A) In general.--The staff 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 the commission.--Subparagraph (A)
shall not apply to members of the Commission.
(b) Detailees.--Any Federal Government employee may be detailed to
the Commission with reimbursement from the Commission, and such
detailee shall retain the rights, status, and privileges of his or her
regular employment without interruption.
(c) Expert and Consultant Services.--The Commission is authorized
to procure the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not to exceed
the daily rate paid to a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
(d) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
SEC. 8. POWERS.
(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 Data.--The Commission may secure directly
from any Federal department or agency information necessary to enable
it to carry out this Act. Upon request of the Chairperson of the
Commission, the head of that department or agency shall provide that
information to the Commission.
(d) Mail.--The Commission may use the United States mail in the
same manner and under the same conditions as other Federal departments
and agencies.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 9. REPORT.
Not later than 2 years after the date on which all original members
have been appointed to the Commission, the Commission shall transmit to
the President, Congress, and the general public a report that contains
a detailed statement of the findings and policy recommendations of the
Commission, including the comprehensive national strategy described in
section 3(b)(2).
SEC. 10. APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act (5 U.S.C. App.) (other than
section 14(a)(2)(B), relating to the termination of advisory
committees) shall apply to the Commission.
SEC. 11. TERMINATION.
(a) In General.--The Commission shall terminate 60 days after the
date of submission of the report under section 9.
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning the report under section 9.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
for use in the development and implementation of plans under this Act. | Commission on Improving Long-Term Care and Community Services Act of 2010 - Requires the Secretary of Health and Human Services (HHS) to establish a commission designed to construct a comprehensive national strategy on how to increase the affordability, accessibility, and effectiveness of long-term care and community services in the United States and its territories. Requires the commission's policy recommendations to address economic, geographic, cultural, social, transportation, workforce, and other factors that limit access to quality home, community, and institutional services. | {"src": "billsum_train", "title": "To require the Secretary of Health and Human Services to establish a commission that is designed to construct a comprehensive national strategy on how to increase the affordability, accessibility, and effectiveness of long-term care and community services."} | 3,064 | 112 | 0.514013 | 1.232874 | 0.846746 | 7.393939 | 29.646465 | 0.969697 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Osteoporosis Early
Detection and Prevention Act of 1997''.
(b) Findings.--Congress makes the following findings:
(1) Nature of osteoporosis.--
(A) Osteoporosis is a disease characterized by low
bone mass and structural deterioration of bone tissue
leading to bone fragility and increased susceptibility
to fractures of the hip, spine, and wrist.
(B) Osteoporosis has no symptoms and typically
remains undiagnosed until a fracture occurs.
(C) Once a fracture occurs, the condition has
usually advanced to the stage where the likelihood is
high that another fracture will occur.
(D) There is no cure for osteoporosis, but drug
therapy has been shown to reduce new hip and spine
fractures by 50 percent and other treatments, such as
nutrition therapy, have also proven effective.
(2) Incidence of osteoporosis.--Osteoporosis is a common
condition:
(A) Of the 28 million Americans who have (or are at
risk for) osteoporosis, 80 percent are women.
(B) Annually there are 1.5 million bone fractures
attributable to osteoporosis.
(C) Half of all women, and one-eighth of all men,
age 50 or older will have a bone fracture due to
osteoporosis.
(3) Impact of osteoporosis.--The cost of treating
osteoporosis is significant:
(A) The annual cost of osteoporosis in the United
States is $13.8 billion.
(B) The average cost in the United States of
repairing a hip fracture due to osteoporosis is
$32,000.
(C) Fractures due to osteoporosis frequently result
in disability and institutionalization of individuals.
(D) Because osteoporosis is a progressive condition
and affects primarily aging individuals, reductions in
the incidence or severity of osteoporosis, particularly
for post menopausal women before they become eligible
for Medicare, has a significant potential of reducing
osteoporosis-related costs under the Medicare program.
(4) Use of bone mass measurement.--
(A) Bone mass measurement is a non-invasive,
painless, and reliable way to diagnose osteoporosis
before costly fractures occur.
(B) Low bone mass is as predictive of future
fractures as is high cholesterol or high blood pressure
of heart disease or stroke.
(C) Bone mass measurement is the only reliable
method of detecting osteoporosis at an early stage.
(D) Under section 4106 of the Balanced Budget Act
of 1997, Medicare will provide coverage, effective July
1, 1998, for bone mass measurement for qualified
individuals who are at risk of developing osteoporosis.
SEC. 2. REQUIRING COVERAGE OF BONE MASS MEASUREMENT UNDER HEALTH PLANS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act, as
amended by section 703(a) of Public Law 104-204, is amended by
adding at the end the following new section:
``SEC. 2706. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is an estrogen-deficient woman at clinical
risk for osteoporosis;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--Taking into account the
standards established under section 1861(rr)(3) of the Social Security
Act, the Secretary shall establish standards regarding the frequency
with which a qualified individual shall be eligible to be provided
benefits for bone mass measurement under this section. The Secretary
may vary such standards based on the clinical and risk-related
characteristics of qualified individuals.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(g) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(h) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(i) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2723(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as
amended by section 604(b)(2) of Public Law 104-204, is amended
by striking ``section 2704'' and inserting ``sections 2704 and
2706''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974, as amended by section 702(a) of Public Law 104-204, is
amended by adding at the end the following new section:
``SEC. 713. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) Requirements for Coverage of Bone Mass Measurement.--A group
health plan, and a health insurance issuer offering group health
insurance coverage, shall include (consistent with this section)
coverage for bone mass measurement for beneficiaries and participants
who are qualified individuals.
``(b) Definitions Relating to Coverage.--In this section:
``(1) Bone mass measurement.--The term `bone mass
measurement' means a radiologic or radioisotopic procedure or
other procedure approved by the Food and Drug Administration
performed on an individual for the purpose of identifying bone
mass or detecting bone loss or determining bone quality, and
includes a physician's interpretation of the results of the
procedure. Nothing in this paragraph shall be construed as
requiring a bone mass measurement to be conducted in a
particular type of facility or to prevent such a measurement
from being conducted through the use of mobile facilities that
are otherwise qualified.
``(2) Qualified individual.--The term `qualified
individual' means an individual who--
``(A) is an estrogen-deficient woman at clinical
risk for osteoporosis;
``(B) has vertebral abnormalities;
``(C) is receiving chemotherapy or long-term
gluococorticoid (steroid) therapy;
``(D) has primary hyperparathyroidism,
hyperthyroidism, or excess thyroid replacement; or
``(E) is being monitored to assess the response to
or efficacy of approved osteoporosis drug therapy.
``(c) Limitation on Frequency Required.--The standards
established under section 2706(c) of the Public Health Service
Act shall apply to benefits provided under this section in the
same manner as they apply to benefits provided under section
2706 of such Act.
``(d) Restrictions on Cost-Sharing.--
``(1) In general.--Subject to paragraph (2), nothing in
this section shall be construed as preventing a group health
plan or issuer from imposing deductibles, coinsurance, or other
cost-sharing in relation to bone mass measurement under the
plan (or health insurance coverage offered in connection with a
plan).
``(2) Limitation.--Deductibles, coinsurance, and other
cost-sharing or other limitations for bone mass measurement may
not be imposed under paragraph (1) to the extent they exceed
the deductibles, coinsurance, and limitations that are applied
to similar services under the group health plan or health
insurance coverage.
``(e) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to an individual eligibility, or continued
eligibility, to enroll or to renew coverage under the terms of
the plan, solely for the purpose of avoiding the requirements
of this section;
``(2) provide incentives (monetary or otherwise) to
individuals to encourage such individuals not to be provided
bone mass measurements to which they are entitled under this
section or to providers to induce such providers not to provide
such measurements to qualified individuals;
``(3) prohibit a provider from discussing with a patient
osteoporosis preventive techniques or medical treatment options
relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided bone
mass measurements to a qualified individual in accordance with
this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to require an individual who is a participant or beneficiary
to undergo bone mass measurement.
``(g) Notice under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.
``(h) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 731(a)(1) shall not be
construed as superseding a State law described in paragraph
(1).''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)), as
amended by section 603(b)(1) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as
amended by section 603(b)(2) of Public Law 104-204, is amended
by striking ``section 711'' and inserting ``sections 711 and
713''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:
``Sec. 713. Standards relating to benefits for bone mass measurement.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act, as amended by section 605(a) of Public Law
104-204, is amended by inserting after section 2751 the following new
section:
``SEC. 2752. STANDARDS RELATING TO BENEFITS FOR BONE MASS MEASUREMENT.
``(a) In General.--The provisions of section 2706 (other than
subsection (g)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(g) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.
``(c) Preemption.--
``(1) In general.--The provisions of this section do not
preempt State law relating to health insurance coverage to the
extent such State law provides greater benefits with respect to
osteoporosis detection or prevention.
``(2) Construction.--Section 2762(a) shall not be construed
as superseding a State law described in paragraph (1).''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)), as
added by section 605(b)(3)(B) of Public Law 104-204, is amended by
striking ``section 2751'' and inserting ``sections 2751 and 2752''.
(c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to group health plans for plan years beginning
on or after January 1, 1999.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after such date. | Osteoporosis Early Detection and Prevention Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, and an insurer offering group coverage, to include coverage for bone mass measurement for individuals who: (1) are estrogen-deficient women at clinical risk for osteoporosis; (2) have vertebral abnormalities; (3) are receiving chemotherapy or long-term gluococorticoid (steroid) therapy; (4) have primary hyperparathyroidism, hyperthyroidism, or excess thyroid replacement; or (5) are being monitored to assess the response to or efficacy of approved osteoporosis drug therapy. Regulates frequency and cost sharing. Prohibits related denial of coverage, incentives to individuals, restrictions on provider-patient communications, and provider penalties. Allows State laws providing greater detection or prevention benefits. Amends the Public Health Service Act to apply the above requirements to coverage offered in the individual market. | {"src": "billsum_train", "title": "Osteoporosis Early Detection and Prevention Act of 1997"} | 3,664 | 223 | 0.511253 | 1.481302 | 0.654377 | 3.472222 | 17.427778 | 0.905556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Protective Service Reform
Act of 2000''.
SEC. 2. DESIGNATION OF POLICE OFFICERS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is amended--
(1) in section 1 by striking the section heading and
inserting the following:
``SECTION 1. POLICE OFFICERS.'';
(2) in sections 1 and 3 by striking ``special policemen''
each place it appears and inserting ``police officers'';
(3) in section 1(a) by striking ``uniformed guards'' and
inserting ``certain employees''; and
(4) in section 1(b) by striking ``Special policemen'' and
inserting the following:
``(1) In general.--Police officers''.
SEC. 3. POWERS.
Section 1(b) of the Act of June 1, 1948 (40 U.S.C. 318(b)), is
further amended--
(1) by adding at the end the following:
``(2) Additional powers.--Subject to paragraph (3), a
police officer appointed under this section is authorized while
on duty--
``(A) to carry firearms in any State, the District
of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States;
``(B) to petition Federal courts for arrest and
search warrants and to execute such warrants;
``(C) to arrest an individual without a warrant if
the individual commits a crime in the officer's
presence or if the officer has probable cause to
believe that the individual has committed a crime or is
committing a crime; and
``(D) to conduct investigations, on and off the
property in question, of offenses that have been or may
be committed against property under the charge and
control of the Administrator or against persons on such
property.
``(3) Approval of regulations by attorney general.--The
additional powers granted to police officers under paragraph
(2) shall become effective only after the Commissioner of the
Federal Protective Service issues regulations implementing
paragraph (2) and the Attorney General of the United States
approves such regulations.
``(4) Authority outside federal property.--The
Administrator may enter into agreements with State and local
governments to obtain authority for police officers appointed
under this section to exercise, concurrently with State and
local law enforcement authorities, the powers granted to such
officers under this section in areas adjacent to property owned
or occupied by the United States and under the charge and
control of the Administrator.''; and
(2) by moving the left margin of paragraph (1), as
designated by section 2(4) of this Act, so as to appropriately
align with paragraphs (2), (3), and (4), as added by paragraph
(1) of this subsection.
SEC. 4. PENALTIES.
Section 4(a) of the Act of June 1, 1948 (40 U.S.C. 318c(a)), is
amended to read as follows:
``(a) In General.--Except as provided in subsection (b), whoever
violates any rule or regulation promulgated pursuant to section 2 shall
be fined or imprisoned, or both, in an amount not to exceed the maximum
amount provided for a Class C misdemeanor under sections 3571 and 3581
of title 18, United States Code.''.
SEC. 5. SPECIAL AGENTS.
Section 5 of the Act of June 1, 1948 (40 U.S.C. 318d), is amended--
(1) by striking ``nonuniformed special policemen'' each
place it appears and inserting ``special agents'';
(2) by striking ``special policeman'' and inserting
``special agent''; and
(3) by adding at the end the following: ``Any such special
agent while on duty shall have the same authority outside
Federal property as police officers have under section
1(b)(4).''.
SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE
SERVICE.
(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
amended by adding at the end the following:
``SEC. 6. ESTABLISHMENT OF FEDERAL PROTECTIVE
SERVICE.
``(a) In General.--The Administrator of General Services shall
establish the Federal Protective Service as a separate operating
service of the General Services Administration.
``(b) Appointment of Commissioner.--
``(1) In general.--The Federal Protective Service shall be
headed by a Commissioner who shall be appointed by and report
directly to the Administrator.
``(2) Qualifications.--The Commissioner shall be appointed
from among individuals who have at least 5 years of
professional law enforcement experience in a command or
supervisory position.
``(c) Duties of the Commissioner.--The Commissioner shall--
``(1) assist the Administrator in carrying out the duties
of the Administrator under this Act;
``(2) except as otherwise provided by law, serve as the law
enforcement officer and security official of the United States
with respect to the protection of Federal officers and
employees in buildings and areas that are owned or occupied by
the United States and under the charge and control of the
Administrator (other than buildings and areas that are secured
by the United States Secret Service);
``(3) render necessary assistance, as determined by the
Administrator, to other Federal, State, and local law
enforcement agencies upon request; and
``(4) coordinate the activities of the Commissioner with
the activities of the Commissioner of the Public Buildings
Service.
Nothing in this subsection may be construed to supersede or otherwise
affect the duties and responsibilities of the United States Secret
Service under sections 1752 and 3056 of title 18, United States Code.
``(d) Appointment of Regional Directors and Assistant
Commissioners.--
``(1) In general.--The Commissioner may appoint regional
directors and assistant commissioners of the Federal Protective
Service.
``(2) Qualifications.--The Commissioner shall select
individuals for appointments under paragraph (1) from among
individuals who have at least 5 years of direct law enforcement
experience, including at least 2 years in a supervisory
position.''.
(b) Pay Level of Commissioner.--Section 5316 of title 5, United
States Code, is amended by inserting after the paragraph relating to
the Commissioner of the Public Buildings Service the following:
``Commissioner, Federal Protective Service, General
Services Administration.''.
SEC. 7. PAY AND BENEFITS.
(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
further amended by adding at the end the following:
``SEC. 7. PAY AND BENEFITS.
``Notwithstanding any other provision of law or any other rule or
regulation, the pay and benefits for any employee of the Federal
Protective Service who maintains active law enforcement status under
section 1 shall be determined in accordance with a pay and benefits
package established and maintained by the Administrator of General
Services that is equivalent to the pay scale and benefits package
applicable to members of the United States Capitol Police. Such pay
scale and benefits package shall be established by regulation, shall
apply with respect to the pay period beginning January 1, 2001, and
ending December 31, 2001 (and such other pay periods as may be
authorized by law), and shall not result in a decrease in the pay or
benefits of any individual for such pay period.''.
(b) Conforming Amendment.--Section 1(a) of such Act (40 U.S.C.
318(a)), is amended by striking ``without additional compensation''.
SEC. 8. NUMBER OF POLICE OFFICERS.
(a) In General.--The Act of June 1, 1948 (40 U.S.C. 318-318d), is
further amended by adding at the end the following:
``SEC. 8. NUMBER OF POLICE OFFICERS.
``After the 1-year period beginning on the date of the enactment of
this section, there shall be at least 730 full-time equivalent police
officers in the Federal Protective Service. This number shall not be
reduced unless specifically authorized by law.''.
SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 9. EMPLOYMENT STANDARDS AND TRAINING.
``The Commissioner of the Federal Protective Service shall
prescribe minimum standards of suitability for employment to be applied
in the contracting of security personnel for buildings and areas that
are owned or occupied by the United States and under the control and
charge of the Administrator of General Services.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
The Act of June 1, 1948 (40 U.S.C. 318-318d), is further amended by
adding at the end the following:
``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated from the Federal Buildings
Fund established by section 210(f) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 490(f)) such sums as may
be necessary to carry out this Act.''.
Passed the House of Representatives June 27, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | (Sec. 3) Empowers such police officers, while on duty, to: (1) carry firearms; (2) petition Federal courts for and execute arrest and search warrants; (3) make arrests without a warrant; and (4) conduct investigations, on and off the property, of offenses on such property. Authorizes the GSA Administrator to enter into agreements with State and local governments to obtain authority for police officers appointed under the Act to exercise, concurrently with State and local law enforcement authorities, such powers in areas adjacent to U.S. property under the charge and control of the Administrator.
(Sec. 4) Increases the maximum penalty for violations of any rules or regulations with respect to Federal property.
(Sec. 5) Empowers special agents with the same authority outside Federal property as police officers have.
(Sec. 6) Directs the Administrator to establish the FPS as a separate operating service of GSA. Provides for the FPS to be headed by a Commissioner who: (1) shall be appointed by and report directly to the Administrator; and (2) has at least five years of professional law enforcement experience in a command or supervisory position. Requires the Commissioner to: (1) assist the Administrator; (2) serve as the U.S. law enforcement officer and security official with respect to the protection of Federal officers and employees in such property (other than buildings and areas that are secured by the United States Secret Service), except as otherwise prohibited by law; (3) render assistance to other Federal, State, and local law enforcement agencies upon request; and (4) coordinate his or her activities with those of the Commissioner of the Public Buildings Service.
(Sec. 7) Requires the pay and benefits for any FPS employee who maintains active law enforcement status to be determined in accordance with a pay and benefits package established by the Administrator that is equivalent to the pay scale and benefits package applicable to United States Capitol Police.
(Sec. 8) Requires there to be at least 730 full-time police officers in the FPS one year after the enactment of this Act. Prohibits any reduction in such number of officers unless specifically authorized by law.
Directs the Comptroller General to study and report on the feasibility of merging all building security forces of the executive branch within and under the FPS's supervision.
(Sec. 9) Directs the Commissioner to prescribe minimum standards of suitability for employment to be applied in the contracting of security personnel for Federal property.
(Sec. 10) Authorizes appropriations from the Federal Buildings Fund. | {"src": "billsum_train", "title": "Federal Protective Service Reform Act of 2000"} | 2,100 | 557 | 0.551934 | 1.703131 | 0.79375 | 3.913828 | 3.827655 | 0.907816 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Play in Sport Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the National Commission on Sports and Substance Abuse,
sponsored by the National Center on Addiction and Substance
Abuse at Columbia University, found that most parties involved
in Olympic sports agree that doping (the use of banned
performance-enhancing substances) is a serious problem for the
Olympics and must be eliminated to preserve the integrity of
the competition;
(2) the use of performance-enhancing substances in sports
threatens the health of our athletes, the integrity and meaning
of sport, and the health and ethical values of our children;
(3) there is currently no set of long-term comprehensive
studies on the effects of performance-enhancing substances;
(4) according to the Commission referred to in paragraph
(1), some problems which must be solved to enable a fair and
effective drug testing program include developing highly
accurate tests for performance-enhancing substances in the body
and establishing and accrediting testing laboratories around
the world;
(5) the United States Government has recognized the United
States Anti-Doping Agency as the official anti-doping agency
for Olympic, Pan American, and Paralympic sport in the United
States, and provides significant financial support to such
Agency; and
(6) the National Institute of Standards and Technology is
the Federal Government's premier laboratory for the development
of standards and testing methodology as well as for developing
rigorous testing laboratory accreditation procedures.
SEC. 3. RESEARCH FOR TESTING OF PERFORMANCE-ENHANCING SUBSTANCES.
The National Institute of Standards and Technology, in consultation
and cooperation with the United States Anti-Doping Agency, shall
establish a research program to develop and improve the reliability,
validity, and cost-effectiveness of testing for performance-enhancing
substances the use of which is prohibited in the Olympic Games. Such
research program shall--
(1) pay particular attention to the development and
improvement of tests for the use of steroids, human growth
hormone, and insulin-like growth factor;
(2) establish methods of ensuring that the ability to test
for the use of newly banned performance-enhancing substances is
maintained; and
(3) develop standard reference materials to ensure the
accuracy of measurements.
Development of the agenda for the research program established under
this section should be on the basis of the best available technology,
regardless of the type of sample specimen used. All research projects
should be evaluated on a peer-reviewed basis.
SEC. 4. ACCREDITATION PROCEDURES FOR TESTING LABORATORIES.
The National Institute of Standards and Technology shall provide
review and assessment assistance to the United States Anti-Doping
Agency with respect to the laboratory accreditation process and testing
procedures delineated in the International Olympic Committee's Olympic
Movement Anti-Doping Code. Such assistance shall include--
(1) procedures for accreditation of laboratories;
(2) sampling procedures in doping controls; and
(3) laboratory analysis procedures.
The National Institute of Standards and Technology shall limit its
assistance under this section to areas where it has demonstrated
technical competence.
SEC. 5. RESEARCH ON LONG-TERM CONSEQUENCES OF USE OF PERFORMANCE-
ENHANCING SUBSTANCES.
The National Institute of Standards and Technology, in consultation
and cooperation with the United States Anti-Doping Agency, shall
establish a research program to determine the long-term consequences of
use of performance-enhancing substances. Development of the research
agenda should place the highest priority on the most potentially
harmful and the most widely used performance-enhancing substances.
Priorities for research shall include--
(1) the health effects of consumption of performance-
enhancing substances; and
(2) the efficacy and long-term effects of the use of
steroids, including precursor substances.
Population studies under this section should not be limited to elite
athletes but should include adolescent athletes as well.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Institute
of Standards and Technology--
(1) for carrying out sections 3 and 4, $5,000,000 for each
of the fiscal years 2003 through 2007; and
(2) for carrying out section 5, $2,000,000 for each of the
fiscal years 2003 through 2007. | Fair Play in Sport Act of 2002 - Directs the National Institute of Standards and Technology (NIST), in consultation and cooperation with the United States Anti-Doping Agency, to: (1) establish a research program to develop and improve the reliability, validity, and cost-effectiveness of testing for performance-enhancing substances the use of which is prohibited in the Olympic Games; and (2) establish a research program to determine the long-term consequences of the use of such substances. Requires NIST to provide review and assessment assistance to the Agency with respect to the laboratory accreditation process and testing procedures delineated in the International Olympic Committee's Olympic Movement Anti-Doping Code. | {"src": "billsum_train", "title": "To authorize the National Institute of Standards and Technology to assist in the development of reliable and valid tests for banned performance-enhancing substances and to establish a research program on the long-term consequences of the use of such performance-enhancing substances."} | 894 | 141 | 0.610852 | 1.75518 | 0.657679 | 7.961538 | 6.8 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dollar Bill Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Article I, section 8 of the Constitution of the United
States provides that the Congress shall have Power to coin
money, regulate the value thereof, and of foreign coin, and fix
the standard of weights and measures.
(2) Congress effectively delegated the power to regulate
the value of United States money and foreign money to the
Federal Reserve System via the Federal Reserve Act of 1913.
(3) The value of the United States dollar has fallen
dramatically relative to gold, crude oil, other real
commodities and major foreign currencies.
(4) The value of the United States dollar has become
unstable and uncertain.
(5) The Board of Governors of the Federal Reserve System
has not produced a stable and reliable value for the United
States dollar.
(6) The Board of Governors of the Federal Reserve System
cannot reasonably be expected to produce a stable and reliable
value for the United States dollar.
(7) An unstable dollar slows the growth of the economy by
increasing the cost of capital, increasing the risks attendant
to long-term capital investment, and increasing the effective
rate of the corporate income tax.
(8) An unstable dollar reduces the real earnings of
American workers.
(9) An unstable dollar reduces the real value of financial
assets held by the public.
(10) An unstable dollar reduces the real value of pension
plans and retirement accounts upon which Americans depend for
their security.
(11) An unstable dollar damages the economic and political
standing of the United States in the world community.
(12) An unstable dollar gives rise to anxiety, uncertainty,
and risk among the financial markets and the public.
SEC. 3. DIRECTIVES TO THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE
SYSTEM.
(a) In General.--Before the end of the 90-day period beginning on
the date of the enactment of this Act, the Board of Governors of the
Federal Reserve System shall make the value of the U.S. dollar equal to
the price of gold on the exchange operated by the Commodities Exchange,
Inc. (COMEX) of the New York Mercantile Exchange, Inc. and maintain the
value of the United States dollar at this level.
(b) Target.--In regulating the value of the United States dollar,
the Board of Governors of the Federal Reserve System shall not conduct
open market operations indirectly, as in the current practice of
targeting the Federal Funds rate.
(c) Promotion of Stable and Effective Financial Markets.--The Board
of Governors of the Federal Reserve System shall use the banking and
bank regulatory powers of the Board to maintain and promote stable and
effective financial markets during and after the transition to a
defined value for the United States dollar.
SEC. 4. TAX DEPRECIATION.
Effective January 1, 2011, all entities that depreciate capital
assets for tax purposes shall be entitled to 100 percent expensing of
all capital investment for tax purposes in the year that the investment
is made.
SEC. 5. DIRECTIVE TO THE CONGRESSIONAL BUDGET OFFICE.
In addition to the scoring that the Congressional Budget Office
will do of the tax changes provided in this Act in the normal course of
events, the Congressional Budget Office shall also calculate the impact
on Federal revenues on a present value basis. This calculation shall be
done in the manner that such calculations are done by the Social
Security Trustees, and shall take into account the following:
(1) That first year expensing of capital investment
accelerates, but does not change the total amount of the
depreciation that taxpayers take based upon their investments.
(2) Capital investments by businesses have historically
earned much higher returns than the interest rate on government
bonds.
SEC. 6. CONFLICT OF LAWS PROVISION.
In the event that any provisions of this Act are found to be in
conflict with those of the Full Employment and Balanced Growth Act of
1978, the provisions of this Act shall supersede the provisions of such
Act to the extent of the conflict.
SEC. 7. REMOVAL OF FEDERAL RESERVE BANK AUTHORITY TO PAY EARNINGS ON
RESERVES.
Section 19(b)(12) of the Federal Reserve Act (12 U.S.C. 461(b)(12))
is amended--
(1) in the heading of such paragraph, by striking
``Earnings'' and inserting ``No earnings'';
(2) in subparagraph (A), by striking ``may receive earnings
to be paid by the Federal Reserve bank at least once each
calendar quarter, at a rate or rates not to exceed the general
level of short-term interest rates'' and inserting ``may not
receive earnings paid by the Federal Reserve bank'';
(3) by striking subparagraph (B); and
(4) by redesignating subparagraph (C) as subparagraph (B). | Dollar Bill Act of 2011 - Requires the Board of Governors of the Federal Reserve System to: (1) make the value of the U.S. dollar equal to price of gold on the exchange operated by the Commodities Exchange, Inc. (COMEX) of the New York Mercantile Exchange, Inc.; and (2) maintain that value at this level.
Prohibits the Board, in regulating the value of the U.S. dollar, from conducting open market operations indirectly, as in the current practice of targeting the federal funds rate.
Requires the Board to use its banking and bank regulatory powers to maintain and promote stable and effective financial markets during and after the transition to a defined value for the U.S. dollar.
Entitles all entities that depreciate capital assets for tax purposes to 100% expensing of all capital investment for tax purposes in the year that the investment is made.
Requires the Congressional Budget Office (CBO), in addition to the scoring CBO will do of the tax changes provided in this Act, to calculate the impact on federal revenues on a present value basis.
Amends the Federal Reserve Act to remove Federal Reserve Bank authority to pay earnings on reserves. | {"src": "billsum_train", "title": "To stimulate the economy, provide for a sound United States dollar by defining a value for the dollar, to remove the authority of Federal Reserve banks to pay earnings on certain balances maintained at such banks, and for other purposes."} | 1,067 | 260 | 0.632209 | 1.829973 | 0.810153 | 6.412556 | 4.542601 | 0.941704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combined Heat and Power Advancement
Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the removal of barriers to the development and
deployment of combined heat and power technologies and systems,
an example of an array of innovative energy-supply and energy-
efficient technologies and systems, would--
(A) encourage technological innovation;
(B) reduce energy prices;
(C) spur economic development;
(D) enhance productivity;
(E) increase employment; and
(F) improve environmental quality and energy self-
sufficiency;
(2) the level of efficiency of the United States
electricity-generating system has been stagnant over the past
several decades;
(3) technologies and systems available as of the date of
enactment of this Act, including a host of innovative onsite,
distributed generation technologies, could--
(A) dramatically increase productivity;
(B) double the efficiency of the United States
electricity-generating system; and
(C) reduce emissions of regulated pollutants and
greenhouse gases;
(4) innovative electric technologies emit a much lower
level of pollutants as compared to the average quantity of
pollutants generated by United States electric generating
plants as of the date of enactment of this Act;
(5) a significant proportion of the United States energy
infrastructure will need to be replaced by 2010;
(6) the public interest would best be served if that
infrastructure were replaced by innovative technologies that
dramatically increase productivity, improve efficiency, and
reduce pollution;
(7) financing and regulatory practices in effect as of the
date of enactment of this Act do not recognize the
environmental and economic benefits to be obtained from the
avoidance of transmission and distribution losses, and the
reduced load on the electricity-generating system, provided by
onsite, combined heat and power production;
(8) many legal, regulatory, informational, and perceptual
barriers block the development and dissemination of combined
heat and power and other innovative energy technologies; and
(9) because of those barriers, United States taxpayers are
not receiving the benefits of the substantial research and
development investment in innovative energy technologies made
by the Federal Government.
SEC. 3. PURPOSE.
The purpose of this Act is to encourage energy productivity and
efficiency increases by removing barriers to the development and
deployment of combined heat and power technologies and systems.
SEC. 4. INTERCONNECTION.
(a) Definitions.--Section 3 of the Federal Power Act (16 U.S.C.
796) is amended--
(1) by striking paragraph (23) and inserting the following:
``(23) Transmitting utility.--The term `transmitting
utility' means any entity (notwithstanding section 201(f)) that
owns, controls, or operates an electric power transmission
facility that is used for the sale of electric energy.''; and
(2) by adding at the end the following:
``(26) Appropriate regulatory authority.--The term
`appropriate regulatory authority' means--
``(A) the Commission;
``(B) a State commission;
``(C) a municipality; or
``(D) a cooperative that is self-regulating under
State law and is not a public utility.
``(27) Generating facility.--The term `generating facility'
means a facility that generates electric energy.
``(28) Local distribution utility.--The term `local
distribution utility' means an entity that owns, controls, or
operates an electric power distribution facility that is used
for the sale of electric energy.
``(29) Non-federal regulatory authority.--The term `non-
Federal regulatory authority' means an appropriate regulatory
authority other than the Commission.''.
(b) Interconnection to Distribution Facilities.--Section 210 of the
Federal Power Act (16 U.S.C. 824i) is amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e) Interconnection to Distribution Facilities.--
``(1) Interconnection.--
``(A) In general.--A local distribution utility
shall interconnect a generating facility with the
distribution facilities of the local distribution
utility if the owner of the generating facility--
``(i) complies with the final rule
promulgated under paragraph (2); and
``(ii) pays the costs of the
interconnection.
``(B) Costs.--The costs of the interconnection--
``(i) shall be just and reasonable, and not
unduly discriminatory, as determined by the
appropriate regulatory authority; and
``(ii) shall be comparable to the costs
charged by the local distribution utility for
interconnection by any similarly situated
generating facility to the distribution
facilities of the local distribution utility.
``(C) Applicable requirements.--The right of a
generating facility to interconnect under subparagraph
(A) does not--
``(i) relieve the generating facility or
the local distribution utility of other
Federal, State, or local requirements; or
``(ii) provide the generating facility with
transmission or distribution service.
``(2) Rule.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subparagraph, the Commission
shall promulgate a final rule to establish reasonable
and appropriate technical standards for the
interconnection of a generating facility with the
distribution facilities of a local distribution
utility.
``(B) Process.--To the extent feasible, the
Commission shall develop the standards through a
process involving interested parties.
``(C) Advisory committee.--The Commission shall
establish an advisory committee composed of qualified
experts to make recommendations to the Commission
concerning development of the standards.
``(D) Administration.--
``(i) By a non-federal regulatory
authority.--Except where subject to the
jurisdiction of the Commission pursuant to
provisions other than clause (ii), a non-
Federal regulatory authority may administer and
enforce the rule promulgated under subparagraph
(A).
``(ii) By the commission.--To the extent
that a non-Federal regulatory authority does
not administer and enforce the rule, the
Commission shall administer and enforce the
rule with respect to interconnection in that
jurisdiction.
``(3) Right to backup power.--
``(A) In general.--In accordance with subparagraph
(B), a local distribution utility shall offer to sell
backup power to a generating facility that has
interconnected with the local distribution utility to
the extent that the local distribution utility--
``(i) is not subject to an order of a non-
Federal regulatory authority to provide open
access to the distribution facilities of the
local distribution utility;
``(ii) has not offered to provide open
access to the distribution facilities of the
local distribution utility; or
``(iii) does not allow a generating
facility to purchase backup power from another
entity using the distribution facilities of the
local distribution utility.
``(B) Rates, terms, and conditions.--A sale of
backup power under subparagraph (A) shall be at such a
rate, and under such terms and conditions, as are just
and reasonable and not unduly discriminatory or
preferential, taking into account the actual
incremental cost, whenever incurred by the local
distribution utility, to supply such backup power
service during the period in which the backup power
service is provided, as determined by the appropriate
regulatory authority.
``(C) No requirement for certain sales.--A local
distribution utility shall not be required to offer
backup power for resale to any entity other than the
entity for which the backup power is purchased.
``(D) New or expanded loads.--To the extent backup
power is used to serve a new or expanded load on the
distribution system, the generating facility shall pay
any reasonable costs associated with any transmission,
distribution, or generation upgrade required to provide
such service.''.
(c) Interconnection to Transmission Facilities.--Section 210 of the
Federal Power Act (16 U.S.C. 824i) is amended by inserting after
subsection (e) (as added by subsection (b)) the following:
``(f) Interconnection to Transmission Facilities.--
``(1) Interconnection.--
``(A) In general.--Notwithstanding subsections (a)
and (c), a transmitting utility shall interconnect a
generating facility with the transmission facilities of
the transmitting utility if the owner of the generating
facility--
``(i) complies with the final rule
promulgated under paragraph (2); and
``(ii) pays the costs of the
interconnection.
``(B) Costs.--
``(i) In general.--Subject to clause (ii),
the costs of the interconnection--
``(I) shall be just and reasonable
and not unduly discriminatory; and
``(II) shall be comparable to the
costs charged by the transmitting
utility for interconnection by any
similarly situated generating facility
to the transmitting facilities of the
transmitting utility.
``(ii) Effect of ferc lite.--A non-Federal
regulatory authority that, under any provision
of Federal law enacted before, on, or after the
date of enactment of this subparagraph, is
authorized to determine the rates for
transmission service shall be authorized to
determine the costs of any interconnection
under this subparagraph in accordance with that
provision of Federal law.
``(C) Applicable requirements.--The right of a
generating facility to interconnect under subparagraph
(A) does not--
``(i) relieve the generating facility or
the transmitting utility of other Federal,
State, or local requirements; or
``(ii) provide the generating facility with
transmission or distribution service.
``(2) Rule.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subparagraph, the Commission
shall promulgate a final rule to establish reasonable
and appropriate technical standards for the
interconnection of a generating facility with the
transmission facilities of a transmitting utility.
``(B) Process.--To the extent feasible, the
Commission shall develop the standards through a
process involving interested parties.
``(C) Advisory committee.--The Commission shall
establish an advisory committee composed of qualified
experts to make recommendations to the Commission
concerning development of the standards.
``(3) Right to backup power.--
``(A) In general.--In accordance with subparagraph
(B), a transmitting utility shall offer to sell backup
power to a generating facility that has interconnected
with the transmitting utility unless--
``(i) Federal or State law (including
regulations) allows a generating facility to
purchase backup power from an entity other than
the transmitting utility; or
``(ii) a transmitting utility allows a
generating facility to purchase backup power
from an entity other than the transmitting
utility using--
``(I) the transmission facilities
of the transmitting utility; and
``(II) the transmission facilities
of any other transmitting utility.
``(B) Rates, terms, and conditions.--A sale of
backup power under subparagraph (A) shall be at such a
rate, and under such terms and conditions, as are just
and reasonable and not unduly discriminatory or
preferential, taking into account the actual
incremental cost, whenever incurred by the local
distribution utility, to supply such backup power
service during the period in which the backup power
service is provided, as determined by the appropriate
regulatory authority.
``(C) No requirement for certain sales.--A
transmitting utility shall not be required to offer
backup power for resale to any entity other than the
entity for which the backup power is purchased.
``(D) New or expanded loads.--To the extent backup
power is used to serve a new or expanded load on the
transmission system, the generating facility shall pay
any reasonable costs associated with any transmission,
distribution, or generation upgrade required to provide
such service.''.
(d) Conforming Amendments.--Section 210 of the Federal Power Act
(16 U.S.C. 824i) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``transmitting utility, local
distribution utility,'' after ``electric utility,'';
and
(B) in subparagraph (A), by inserting ``any
transmitting utility,'' after ``small power production
facility,'';
(2) in subsection (b)(2), by striking ``an evidentiary
hearing'' and inserting ``a hearing'';
(3) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking ``and'' at the
end and inserting ``or''; and
(C) by adding at the end the following:
``(D) promote competition in electricity markets, and'';
and
(4) in subsection (d), by striking the last sentence. | Combined Heat and Power Advancement Act of 2001 - Amends the Federal Power Act to prescribe procedural guidelines for: (1) the interconnection of a generating facility with the distribution facilities of the local distribution utility; (2) the interconnection of a generating facility with the transmission facilities of a transmitting utility; and (3) offers to sell backup power by a local distribution utility and by a transmitting utility to an interconnected generating facility. | {"src": "billsum_train", "title": "A bill to amend the Federal Power Act to encourage the development and deployment of innovative and efficient energy technologies."} | 2,910 | 96 | 0.500316 | 1.338 | 0.45158 | 3.841463 | 32.817073 | 0.939024 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tools for Community Initiatives
Act''.
SEC. 2. ESTABLISHMENT.
There is established in the Executive Office of the President the
Office of Faith-Based and Community Initiatives (hereafter referred to
as ``the Office'').
SEC. 3. DIRECTOR.
(a) Director.--The head of the Office shall be the Director of the
Office of Faith-Based and Community Initiatives, who shall be appointed
by the President.
(b) Pay of Director.--Section 5314 of title 5, United States Code,
is amended by inserting after the item relating to the Administrator of
the Centers for Medicare & Medicaid Services the following new item:
``Director of the Office of Faith-Based and
Community Initiatives.''.
(c) Interim Director.--The individual serving as the Director of
the Office of Faith-Based and Community Initiatives on the date of the
enactment of this Act may serve as Interim Director until such time as
a Director is appointed by the President in accordance with subsection
(a).
SEC. 4. RESPONSIBILITIES.
(a) In General.--The Director shall encourage faith-based and
community initiatives and work to eliminate improper Federal barriers
so as to allow faith-based and community entities to compete for
Federal funding to the fullest opportunity permitted by law.
(b) Specific Duties.--In carrying out the responsibilities of the
Office, the Director shall--
(1) develop, lead, and coordinate policies with respect to
faith-based and community initiatives;
(2) support faith-based and community initiatives,
especially those serving at-risk youth, ex-offenders, the
homeless and hungry, substance abusers, those with HIV and
AIDS, and welfare-to-work families;
(3) work to expand the role of faith-based and community
initiatives through executive action, legislation, regulation,
and Federal and private funding;
(4) ensure that the policy decisions made by the
administration and the Federal Government are consistent with
stated goals with respect to faith-based and community
initiatives;
(5) help to integrate policies affecting faith-based and
other community organizations across the Federal Government;
(6) coordinate public education activities designed to
mobilize public support for faith-based and community
initiatives by encouraging volunteerism, special projects,
demonstration pilots, and public-private partnerships;
(7) encourage private charitable giving to support faith-
based and community initiatives;
(8) advise the President on options and ideas to assist,
strengthen, and replicate successful faith-based and community
initiatives;
(9) provide policy and legal education to State, local, and
community policymakers and public officials seeking ways to
support and encourage faith-based and community initiatives;
(10) develop and implement strategic initiatives in keeping
with policies that will strengthen families, communities, and
the institutions of civil society;
(11) showcase and herald innovative grassroots nonprofit
organizations and civic initiatives;
(12) work to eliminate unnecessary legislative and
regulatory barriers which impede the efforts of faith-based and
community initiatives to solve social problems;
(13) monitor the implementation of policies with respect to
faith-based and community initiatives by the Centers for Faith-
Based and Community Initiatives established within certain
departments and agencies of the Federal Government; and
(14) work to establish high standards of excellence and
accountability for faith-based and community initiatives.
SEC. 5. ADMINISTRATION.
(a) Officers.--The President shall assign to the Office such
officers in addition to the Director, if any, as the President, in
consultation with the Director, considers appropriate to discharge the
responsibilities of the Office.
(b) Staff.--The Director may appoint such employees as necessary to
carry out the functions of the Office.
(c) Resources.--The President shall, in consultation with the
Director, assign or allocate to the Office such resources, including
funds and other resources, as the President considers appropriate in
order to facilitate the discharge of the responsibilities of the
Office.
(d) Obtaining Official Data.--The Office may secure directly from
any department or agency of the United States information necessary to
enable it to carry out this Act. Upon request of the Director, the head
of that department or agency shall furnish that information to the
Office.
SEC. 6. DESIGNATED DEPARTMENT OR AGENCY LIAISON.
(a) In General.--The head of each designated department or agency
shall designate a liaison who shall be responsible for coordinating the
activities of that department or agency with the Office.
(b) Responsibilities of Liaison.--Each designated department or
agency liaison shall--
(1) conduct, in coordination with the Office, a review of
the policies and procedures of the designated department or
agency to identify any barriers to the participation of faith-
based and community initiatives in the delivery of social
services by such department or agency, including, but not
limited to, regulations, rules, orders, procurement, outreach
activities, and other internal policies and practices that
either facially discriminate against or otherwise discourage or
disadvantage the participation of faith-based and other
community organizations in Federal programs;
(2) coordinate a comprehensive effort to incorporate faith-
based and community initiatives in the programs and initiatives
of the designated department or agency;
(3) propose initiatives to remove barriers identified
pursuant to the review conducted under paragraph (1);
(4) propose the development of pilot and demonstration
programs to increase the participation of faith-based and
community initiatives in Federal, State, and local initiatives;
and
(5) develop and coordinate the outreach efforts of the
designated department or agency to disseminate information to
faith-based and community initiatives with respect to
programming changes, contracting opportunities, and other
initiatives.
(c) Annual Report.--Not later than March 31 of each year, each
designated department or agency liaison shall submit to the Office an
annual report which shall include the following:
(1) A description of the efforts by the designated
department or agency liaison to carry out the responsibilities
under subsection (b).
(2) A comprehensive analysis of the barriers to the full
participation of faith-based and community initiatives in the
delivery of social services pursuant to the review conducted
under subsection (b)(1).
(3) A summary of information made available to faith-based
and community initiatives under subsection (b)(5).
(d) Designated Department or Agency.--For the purposes of this
subsection, ``designated department or agency'' means a department or
agency of the Federal Government with a Center for Faith-Based and
Community Initiatives, and shall include the following departments and
agencies:
(1) The Department of Education.
(2) The Department of Labor.
(3) The Department of Justice.
(4) The Department of Health and Human Services.
(5) The Department of Housing and Urban Development.
(6) The Department of Agriculture.
(7) The Agency for International Development.
(8) The Department of Commerce.
(9) The Department of Veterans Affairs.
(10) The Small Business Administration.
SEC. 7. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) Federal financial assistance for social service
programs should be distributed in the most effective and
efficient manner possible;
(2) the Nation's social service capability will benefit if
all eligible organizations, including faith-based and other
community organizations, are able to compete on an equal
footing for Federal financial assistance used to support social
service programs;
(3) in the administration or distribution of Federal
financial assistance, no organization should be discriminated
against on the basis of religion or religious belief;
(4) the Federal Government must implement Federal programs
in accordance with the establishment clause and the free
exercise clause of the first amendment of the Constitution;
(5) consistent with the free exercise clause and the free
speech clause of the Constitution, faith-based organizations
should be eligible to receive Federal financial assistance and
to participate fully in any social service program supported
with Federal financial assistance without impairing their
independence, autonomy, expression, or religious character;
(6) any organization that receives Federal financial
assistance to provide social services should be prohibited from
discriminating against beneficiaries or potential beneficiaries
of the services it provides on the basis of religion, religious
belief, refusal to hold a religious belief, or refusal to
participate in a religious practice;
(7) an organization that engages in inherently religious
activities, such as worship, religious instruction, and
proselytization, should be eligible to receive Federal
financial assistance, provided that the organization offers
such religious activities separately in time or location from
any program or service supported with direct Federal financial
assistance, and that participation in any such religious
activity must be voluntary for any beneficiary of a social
service program supported with Federal financial assistance;
(8) any faith-based organization that receives Federal
financial assistance should be able to retain its independence
and to continue to carry out its mission, including the
definition, development, practice, and expression of religious
beliefs, provided that it does not use Federal financial
assistance to support any inherently religious activity, such
as worship, religious instruction, or proselytization;
(9) any faith-based organization that receives Federal
financial assistance should be able to use its facilities to
provide social services supported with Federal financial
assistance, without removing or altering religious art, icons,
scriptures, or other symbols from these facilities; and
(10) any faith-based organization that receives Federal
financial assistance should be able to retain any religious
terms in the organization's name, take religion into account in
selecting board members, and include religious references in
any organization mission statements or other chartering or
governing documents. | Tools for Community Initiatives Act - Establishes the Office of Faith-Based and Community Initiatives (the Office) in the Executive Office of the President. Requires the Director of the Office to encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law, including by: (1) developing, leading, and coordinating policies with respect to such initiatives; (2) coordinating public education activities designed to mobilize public support for such initiatives; (3) advising the President on options and ideas to assist, strengthen, and replicate successful initiatives; (4) developing and implementing strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; and (5) working to eliminate unnecessary legislative and regulatory barriers which impede the efforts of such initiatives to solve social problems.
Requires the heads of the Departments of Education, Labor, Justice, Health and Human Services, Housing and Urban Development, Agriculture, Commerce, and Veteran Affairs, the Agency for International Development, and the Small Business Administration to designate a liaison to coordinate the activities of the department or agency with the Office. Lists designated department or agency liaison responsibilities. | {"src": "billsum_train", "title": "To establish the Office of Faith-Based and Community Initiatives."} | 1,996 | 260 | 0.658689 | 2.064398 | 1.025961 | 4.828571 | 8.277551 | 0.95102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Subsidizing Childhood Obesity
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Childhood obesity has more than doubled in children and
tripled in adolescents in the past 30 years. Currently, more
than \1/3\ of children and adolescents in the United States are
overweight or obese.
(2) A report by the Robert Wood Johnson Foundation and
Trust for America's Health found that if the population of the
United States continues on its current trajectory, adult
obesity rates could exceed 60 percent in a number of States by
2030.
(3) Health-related behaviors, such as eating habits and
physical activity patterns, develop early in life and affect
behavior and health in adulthood. The diets of American
children and adolescents depart substantially from recommended
patterns that put their health at risk. Overall, American
children and youth are not achieving basic nutritional goals.
They are consuming excess calories and added sugars and have
higher than recommended intakes of sodium, total fat, and
saturated fats.
(4) According to a 2012 report from the Federal Trade
Commission, the total amount spent on food marketing to
children is about $2,000,000,000 per year.
(5) Companies market food to children through television,
radio, Internet, magazines, product placement in movies and
video games, schools, product packages, toys, clothing and
other merchandise.
(6) According to a comprehensive review by the National
Academy of Medicine, studies demonstrate that television food
advertising affects children's food choices, food purchase
requests, diets, and health. The Academy concluded that the
marketing of high-calorie foods to children and adolescents is
one of the major contributors to childhood obesity.
(7) More than 80 percent of the food advertisements seen by
children on television are for foods of poor nutritional value.
(8) A study published in the Journal of Law and Economics
and funded by the National Institutes of Health found that the
elimination of the tax deduction that allows companies to
deduct costs associated with advertising food of poor
nutritional quality to children could reduce the rates of
childhood obesity by 5 to 7 percent.
(9) A study published in the Journal of Health Affairs
found that the elimination of the tax deduction for costs
described in paragraph (8) would save up to $260,000,000 in
health care costs and prevent nearly 130,000 cases of childhood
obesity over 10 years.
SEC. 3. DENIAL OF DEDUCTION FOR ADVERTISING AND MARKETING DIRECTED AT
CHILDREN TO PROMOTE THE CONSUMPTION OF FOOD OF POOR
NUTRITIONAL QUALITY.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 280I. DENIAL OF DEDUCTION FOR ADVERTISING AND MARKETING DIRECTED
AT CHILDREN TO PROMOTE THE CONSUMPTION OF FOOD OF POOR
NUTRITIONAL QUALITY.
``(a) In General.--No deduction shall be allowed under this chapter
with respect to--
``(1) any advertisement or marketing--
``(A) primarily directed at children for purposes
of promoting the consumption by children of any food of
poor nutritional quality, or
``(B) of a brand primarily associated with food of
poor nutritional quality that is primarily directed at
children, and
``(2) any of the following which are incurred or provided
primarily for purposes described in paragraph (1):
``(A) Travel expenses (including meals and
lodging).
``(B) Goods or services of a type generally
considered to constitute entertainment, amusement, or
recreation or the use of a facility in connection with
providing such goods and services.
``(C) Gifts.
``(D) Other promotion expenses.
``(b) NAM Study.--
``(1) In general.--Not later than 60 days after the date of
the enactment of this section, the Secretary shall enter into a
contract with the National Academy of Medicine under which the
National Academy of Medicine shall develop procedures for the
evaluation and identification of--
``(A) food of poor nutritional quality, and
``(B) brands that are primarily associated with
food of poor nutritional quality.
``(2) NAM report.--Not later than 12 months after the date
of the enactment of this section, the National Academy of
Medicine shall submit to the Secretary a report that
establishes the proposed procedures described in paragraph (1).
``(c) Definitions.--In this section:
``(1) Brand.--The term `brand' means a corporate or product
name, a business image, or a mark, regardless of whether it may
legally qualify as a trademark, used by a seller or
manufacturer to identify goods or services and to distinguish
them from the goods of a competitor.
``(2) Child.--The term `child' means an individual who is
age 14 or under.
``(3) Food.--The term `food' shall include beverages,
candy, and chewing gum.
``(d) Regulations.--Not later than 18 months after the date of the
enactment of this section, the Secretary, in consultation with the
Secretary of Health and Human Services and the Federal Trade Commission
and based on the report prepared by the National Academy of Medicine
pursuant to subsection (b)(2), shall promulgate such regulations as may
be necessary to carry out the purposes of this section, including
regulations defining the terms `marketing', `directed at children',
`food of poor nutritional quality', and `brand primarily associated
with food of poor nutritional quality' for purposes of this section.''.
(b) Clerical Amendment.--The table of sections for such part IX is
amended by adding at the end the following new item:
``Sec. 280I. Denial of deduction for advertising and marketing directed
at children to promote the consumption of
food of poor nutritional quality.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning 24 months
after the date of the enactment of this Act.
SEC. 4. ADDITIONAL FUNDING FOR THE FRESH FRUIT AND VEGETABLE PROGRAM.
In addition to any other amounts made available to carry out the
Fresh Fruit and Vegetable Program under section 19 of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1769a), the Secretary of
the Treasury (or the Secretary's delegate) shall, on an annual basis,
transfer to such program, from amounts in the general fund of the
Treasury of the United States, an amount determined by the Secretary of
the Treasury (or the Secretary's delegate) to be equal to the increase
in revenue for the preceding 12-month period by reason of the
amendments made by section 3 of this Act. | Stop Subsidizing Childhood Obesity Act This bill amends the Internal Revenue Code to deny a tax deduction for: (1) advertising or marketing directed at children (age 14 or under) for food of poor nutritional quality or a brand primarily associated with food of poor nutritional quality; and (2) for related expenses, including for travel, goods or services constituting entertainment, amusement, or recreation, gifts, or other promotion expenses. The Department of the Treasury must enter into a contract with the National Academy of Medicine to develop procedures to evaluate and identify food of poor nutritional quality and brands that are primarily associated with such food. The bill authorizes additional funding to carry out the Fresh Fruit and Vegetable Program under the Richard B. Russell National School Lunch Act. | {"src": "billsum_train", "title": "Stop Subsidizing Childhood Obesity Act"} | 1,513 | 173 | 0.429021 | 1.330541 | 0.650038 | 3.098592 | 9.901408 | 0.915493 |
SECTION 1. EVERGLADES NATIONAL PARK.
(a) Definitions.--In this section:
(1) Company.--The term ``Company'' means Florida Power &
Light Company.
(2) Federal land.--The term ``Federal Land'' means the
parcels of land that are--
(A) owned by the United States;
(B) administered by the Secretary;
(C) located within the National Park; and
(D) generally depicted on the map as--
(i) Tract A, which is adjacent to the
Tamiami Trail, U.S. Rt. 41; and
(ii) Tract B, which is located on the
eastern boundary of the National Park.
(3) Map.--The term ``map'' means the map prepared by the
National Park Service, titled ``Proposed Land Exchanges,
Everglades National Park'', numbered 160/60411A, and dated
September 2008.
(4) National park.--The term ``National Park'' means the
Everglades National Park located in the State.
(5) Non-federal land.--The term ``non-Federal land'' means
the land in the State that--
(A) is owned by the State, the specific area and
location of which shall be determined by the State; or
(B)(i) is owned by the Company;
(ii) comprises approximately 320 acres; and
(iii) is located within the East Everglades
Acquisition Area, as generally depicted on the map as
``Tract D''.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Florida
and political subdivisions of the State, including the South
Florida Water Management District.
(b) Land Exchange With State.--
(1) In general.--Subject to the provisions of this
paragraph, if the State offers to convey to the Secretary all
right, title, and interest of the State in and to specific
parcels of non-Federal land, and the offer is acceptable to the
Secretary, the Secretary may, subject to valid existing rights,
accept the offer and convey to the State all right, title, and
interest of the United States in and to the Federal land
generally depicted on the map as ``Tract A''.
(2) Conditions.--The land exchange under paragraph (1)
shall be subject to such terms and conditions as the Secretary
may require.
(3) Valuation.--
(A) In general.--The values of the land involved in
the land exchange under paragraph (1) shall be equal.
(B) Equalization.--If the values of the land are
not equal, the values may be equalized by donation,
payment using donated or appropriated funds, or the
conveyance of additional parcels of land.
(4) Appraisals.--Before the exchange of land under
paragraph (1), appraisals for the Federal and non-Federal land
shall be conducted in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions and the Uniform
Standards of Professional Appraisal Practice.
(5) Technical corrections.--Subject to the agreement of the
State, the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions of the
Federal and non-Federal land and minor adjustments to the
boundaries of the Federal and non-Federal land.
(6) Administration of land acquired by secretary.--Land
acquired by the Secretary under paragraph (1) shall--
(A) become part of the National Park; and
(B) be administered in accordance with the laws
applicable to the National Park System.
(c) Land Exchange With Company.--
(1) In general.--Subject to the provisions of this
paragraph, if the Company offers to convey to the Secretary all
right, title, and interest of the Company in and to the non-
Federal land generally depicted on the map as ``Tract D'', and
the offer is acceptable to the Secretary, the Secretary may,
subject to valid existing rights, accept the offer and convey
to the Company all right, title, and interest of the United
States in and to the Federal land generally depicted on the map
as ``Tract B'', along with a perpetual easement on a corridor
of land contiguous to Tract B for the purpose of vegetation
management.
(2) Conditions.--The land exchange under paragraph (1)
shall be subject to such terms and conditions as the Secretary
may require.
(3) Valuation.--
(A) In general.--The values of the land involved in
the land exchange under paragraph (1) shall be equal
unless the non-Federal land is of higher value than the
Federal land.
(B) Equalization.--If the values of the land are
not equal, the values may be equalized by donation,
payment using donated or appropriated funds, or the
conveyance of additional parcels of land.
(4) Appraisal.--Before the exchange of land under paragraph
(1), appraisals for the Federal and non-Federal land shall be
conducted in accordance with the Uniform Appraisal Standards
for Federal Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice.
(5) Technical corrections.--Subject to the agreement of the
Company, the Secretary may make minor corrections to correct
technical and clerical errors in the legal descriptions of the
Federal and non-Federal land and minor adjustments to the
boundaries of the Federal and non-Federal land.
(6) Administration of land acquired by secretary.--Land
acquired by the Secretary under paragraph (1) shall--
(A) become part of the National Park; and
(B) be administered in accordance with the laws
applicable to the National Park System.
(d) Map.--The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
(e) Boundary Revision.--On completion of the land exchanges
authorized by this section, the Secretary shall adjust the boundary of
the National Park accordingly, including removing the land conveyed out
of Federal ownership. | Requires the Secretary of the Interior, if the state of Florida offers to convey specific parcels of non-federal land within Florida and the offer is acceptable, to accept the offer and convey federal land within Everglades National Park identified as Tract A to the state.
Requires the land acquired by the Secretary through the exchange to become part of the Park. Requires the Secretary, if the Florida Power & Light Company offers to convey non-federal land within Florida identified as Tract D and the offer is acceptable, to accept the offer and convey to the Company the federal land identified as Tract B, along with a perpetual easement on a corridor of land contiguous to that tract for the purpose of vegetation management.
Requires the land acquired by the Secretary to become part of the Park.
Adjusts the boundaries of Everglades National Park upon the completion of the land exchanges authorized by this Act, including by removing the land conveyed out of federal ownership. | {"src": "billsum_train", "title": "To provide for the resolution of several land ownership and related issues with respect to parcels of land located within the Everglades National Park."} | 1,357 | 215 | 0.632167 | 1.752622 | 1.006319 | 3.340659 | 6.637363 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emigrant Wilderness Preservation Act
of 2001''.
SEC. 2. OPERATION AND MAINTENANCE OF CERTAIN WATER IMPOUNDMENT
STRUCTURES IN THE EMIGRANT WILDERNESS, STANISLAUS
NATIONAL FOREST, CALIFORNIA.
(a) Cooperative Agreement For Maintenance and Operation.--The
Secretary of Agriculture shall enter into a cooperative agreement with
a non-Federal entity described in subsection (c), under which the
entity will retain, maintain, and operate at private expense the water
impoundment structures specified in subsection (b) that are located
within the boundaries of the Emigrant Wilderness in the Stanislaus
National Forest, California, as designated by section 2(b) of Public
Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note).
(b) Covered Water Impoundment Structures.--The cooperative
agreement required by subsection (a) shall cover the water impoundment
structures located at the following:
(1) Cow Meadow Lake.
(2) Y-Meadow Lake.
(3) Huckleberry Lake.
(4) Long Lake.
(5) Lower Buck Lake.
(6) Leighton Lake.
(7) High Emigrant Lake.
(8) Emigrant Meadow Lake.
(9) Middle Emigrant Lake.
(10) Emigrant Lake.
(11) Snow Lake.
(12) Bigelow Lake.
(c) Eligible Entity.--The following non-Federal entities are
eligible to enter into the cooperative agreement under subsection (a):
(1) A non-profit organization as defined in section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)).
(2) The State of California or a political subdivision of
the State.
(3) A private individual, organization, corporation, or
other legal entity.
(d) Responsibilities of the Secretary.--
(1) Map.--The Secretary of Agriculture shall prepare a map
identifying the location, size, and type of each water
impoundment structure covered by the cooperative agreement
under subsection (a).
(2) Terms and conditions of agreement.--The Secretary shall
prescribe the terms and conditions of the cooperative
agreement, which shall set forth the rights and obligations of
the Secretary and the non-Federal entity. At a minimum, the
cooperative agreement shall--
(A) require the non-Federal entity to operate and
maintain the water impoundment structures covered by
the agreement in accordance with a plan of operations
approved by the Secretary;
(B) require approval by the Secretary of all
operation and maintenance activities to be conducted by
the non-Federal entity;
(C) require the non-Federal entity to comply with
all applicable State and Federal environmental, public
health, and safety requirements; and
(D) establish enforcement standards, including
termination of the cooperative agreement for
noncompliance by the non-Federal entity with the terms
and conditions.
(3) Compliance.--The Secretary shall ensure that the non-
Federal entity remains in compliance with the terms and
conditions of this section and the cooperative agreement.
(e) Responsibilities of the Non-Federal Entity.--The non-Federal
entity shall be responsible for--
(1) carrying out its operation and maintenance activities
with respect to the water impoundment structures covered by the
cooperative agreement under subsection (a) in conformance with
this section and the cooperative agreement; and
(2) the costs associated with the maintenance and operation
of the structures.
(f) Prohibition on Use of Mechanized Transport and Motorized
Equipment.--The non-Federal entity may not use mechanized transport or
motorized equipment--
(1) to operate or maintain the water impoundment structures
covered by the cooperative agreement under subsection (a); or
(2) to otherwise conduct activities in the Emigrant
Wilderness pursuant to the cooperative agreement.
(g) Expansion of Agreement to Cover Additional Structures.--In the
case of the six water impoundment structures located within the
boundaries of the Emigrant Wilderness, but not specified in subsection
(b), the Secretary of Agriculture may expand the scope of the
cooperative agreement under subsection (a), with the consent of the
State of California and the other party to the agreement, to include
one or more of these structures, subject to the same terms and
conditions as apply to the structures specified in subsection (b).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $20,000 to cover
administrative costs incurred by the Secretary to comply with the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in carrying out this section.
Passed the House of Representatives September 10, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Emigrant Wilderness Preservation Act of 2001 - Directs the Secretary of Agriculture, with respect to the Emigrant Wilderness in the Stanislaus National Forest, California, to enter into an agreement with a non-Federal entity (non-profit or private entity, or the State of California or political subdivision) to retain, maintain, and operate at private expense 12 specified water impoundment structures. Authorizes the Secretary, with the consent of California and the other agreeing party, to include up to six additional, similarly-located structures within such agreement.Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to enter into a cooperative agreement to provide for retention, maintenance, and operation, at private expense, of 12 concrete dams and weirs located within the boundaries of the Emigrant Wilderness in the Stanislaus National Forest, California, and for other purposes."} | 1,078 | 134 | 0.639235 | 1.872626 | 0.6504 | 3.355769 | 9.182692 | 0.913462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telemarketing and Consumer Fraud and
Abuse Prevention Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Telemarketing differs from other sales activities in that
it can be carried out by sellers across State lines without direct
contact with the consumer. Telemarketers also can be very mobile,
easily moving from State to State.
(2) Interstate telemarketing fraud has become a problem of such
magnitude that the resources of the Federal Trade Commission are
not sufficient to ensure adequate consumer protection from such
fraud.
(3) Consumers and others are estimated to lose $40 billion a
year in telemarketing fraud.
(4) Consumers are victimized by other forms of telemarketing
deception and abuse.
(5) Consequently, Congress should enact legislation that will
offer consumers necessary protection from telemarketing deception
and abuse.
SEC. 3. TELEMARKETING RULES.
(a) In General.--
(1) The Commission shall prescribe rules prohibiting deceptive
telemarketing acts or practices and other abusive telemarketing
acts or practices.
(2) The Commission shall include in such rules respecting
deceptive telemarketing acts or practices a definition of deceptive
telemarketing acts or practices which may include acts or practices
of entities or individuals that assist or facilitate deceptive
telemarketing, including credit card laundering.
(3) The Commission shall include in such rules respecting other
abusive telemarketing acts or practices--
(A) a requirement that telemarketers may not undertake a
pattern of unsolicited telephone calls which the reasonable
consumer would consider coercive or abusive of such consumer's
right to privacy,
(B) restrictions on the hours of the day and night when
unsolicited telephone calls can be made to consumers, and
(C) a requirement that any person engaged in telemarketing
for the sale of goods or services shall promptly and clearly
disclose to the person receiving the call that the purpose of
the call is to sell goods or services and make such other
disclosures as the Commission deems appropriate, including the
nature and price of the goods and services.
In prescribing the rules described in this paragraph, the
Commission shall also consider recordkeeping requirements.
(b) Rulemaking.--The Commission shall prescribe the rules under
subsection (a) within 365 days after the date of enactment of this Act.
Such rules shall be prescribed in accordance with section 553 of title
5, United States Code.
(c) Enforcement.--Any violation of any rule prescribed under
subsection (a) shall be treated as a violation of a rule under section
18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair
or deceptive acts or practices.
(d) Securities and Exchange Commission Rules.--
(1) Promulgation.--
(A) In general.--Except as provided in subparagraph (B),
not later than 6 months after the effective date of rules
promulgated by the Federal Trade Commission under subsection
(a), the Securities and Exchange Commission shall promulgate,
or require any national securities exchange or registered
securities association to promulgate, rules substantially
similar to such rules to prohibit deceptive and other abusive
telemarketing acts or practices by persons described in
paragraph (2).
(B) Exception.--The Securities and Exchange Commission is
not required to promulgate a rule under subparagraph (A) if it
determines that--
(i) Federal securities laws or rules adopted by the
Securities and Exchange Commission thereunder provide
protection from deceptive and other abusive telemarketing
by persons described in paragraph (2) substantially similar
to that provided by rules promulgated by the Federal Trade
Commission under subsection (a); or
(ii) such a rule promulgated by the Securities and
Exchange Commission is not necessary or appropriate in the
public interest, or for the protection of investors, or
would be inconsistent with the maintenance of fair and
orderly markets.
If the Securities and Exchange Commission determines that an
exception described in clause (i) or (ii) applies, the
Securities and Exchange Commission shall publish in the Federal
Register its determination with the reasons for it.
(2) Application.--
(A) In general.--The rules promulgated by the Securities
and Exchange Commission under paragraph (1)(A) shall apply to a
broker, dealer, transfer agent, municipal securities dealer,
municipal securities broker, government securities broker,
government securities dealer, investment adviser or investment
company, or any individual asso- ciated with a broker, dealer,
transfer agent, municipal securities dealer, municipal
securities broker, government securities broker, government
securities dealer, investment adviser or investment company.
The rules promulgated by the Federal Trade Commission under
subsection (a) shall not apply to persons described in the
preceding sentence.
(B) Definitions.--For purposes of subparagraph (A)--
(i) the terms ``broker'', ``dealer'', ``transfer
agent'', ``municipal securities dealer'', ``municipal
securities broker'', ``government securities broker'', and
``government securities dealer'' have the meanings given
such terms by paragraphs (4), (5), (25), (30), (31), (43),
and (44) of section 3(a) of the Securities and Exchange Act
of 1934 (15 U.S.C. 78c(a)(4), (5), (25), (30), (31), (43),
and (44));
(ii) the term ``investment adviser'' has the meaning
given such term by section 202(a)(11) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11)); and
(iii) the term ``investment company'' has the meaning
given such term by section 3(a) of the Investment Company
Act of 1940 (15 U.S.C. 80a-3(a)).
(e) Commodity Futures Trading Commission Rules.--
(1) Application.--The rules promulgated by the Federal Trade
Commission under subsection (a) shall not apply to persons
described in subsection (f)(1) of section 6 of the Commodity
Exchange Act (7 U.S.C. 8, 9, 15, 13b, 9a).
(2) Promulgation.--Section 6 of the Commodity Exchange Act (7
U.S.C. 8, 9, 15, 13b, 9a) is amended by adding at the end the
following new subsection:
``(f)(1) Except as provided in paragraph (2), not later than six
months after the effective date of rules promulgated by the Federal
Trade Commission under section 3(a) of the Telemarketing and Consumer
Fraud and Abuse Prevention Act, the Commission shall promulgate, or
require each registered futures association to promulgate, rules
substantially similar to such rules to prohibit deceptive and other
abusive telemarketing acts or practices by any person registered or
exempt from registration under this Act in connection with such
person's business as a futures commission merchant, introducing broker,
commodity trading advisor, commodity pool operator, leverage
transaction merchant, floor broker, or floor trader, or a person
associated with any such person.
``(2) The Commission is not required to promulgate rules under
paragraph (1) if it determines that--
``(A) rules adopted by the Commission under this Act provide
protection from deceptive and abusive telemarketing by persons
described under paragraph (1) substantially similar to that
provided by rules promulgated by the Federal Trade Commission under
section 3(a) of the Telemarketing and Consumer Fraud and Abuse
Prevention Act; or
``(B) such a rule promulgated by the Commission is not
necessary or appropriate in the public interest, or for the pro-
tection of customers in the futures and options markets, or would
be inconsistent with the maintenance of fair and orderly markets.
If the Commission determines that an exception described in
subparagraph (A) or (B) applies, the Commission shall publish in the
Federal Register its determination with the reasons for it.''.
SEC. 4. ACTIONS BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected because any
person has engaged or is engaging in a pattern or practice of
telemarketing which violates any rule of the Commission under section
3, the State, as parens patriae, may bring a civil action on behalf of
its residents in an appropriate district court of the United States to
enjoin such telemarketing, to enforce compliance with such rule of the
Commission, to obtain damages, restitution, or other compensation on
behalf of residents of such State, or to obtain such further and other
relief as the court may deem appropriate.
(b) Notice.--The State shall serve prior written notice of any
civil action under subsection (a) or (f)(2) upon the Commission and
provide the Commission with a copy of its complaint, except that if it
is not feasible for the State to provide such prior notice, the State
shall serve such notice immediately upon instituting such action. Upon
receiving a notice respecting a civil action, the Commission shall have
the right (1) to intervene in such action, (2) upon so intervening, to
be heard on all matters arising therein, and (3) to file petitions for
appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall prevent an attorney general
from exercising the powers conferred on the attorney general by the
laws of such State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the production
of documentary and other evidence.
(d) Actions by the Commission.--Whenever a civil action has been
instituted by or on behalf of the Commission for violation of any rule
prescribed under section 3, no State may, during the pendency of such
action instituted by or on behalf of the Commission, institute a civil
action under subsection (a) or (f)(2) against any defendant named in
the complaint in such action for violation of any rule as alleged in
such complaint.
(e) Venue; Service of Process.--Any civil action brought under
subsection (a) in a district court of the United States may be brought
in the district in which the defendant is found, is an inhabitant, or
transacts business or wherever venue is proper under section 1391 of
title 28, United States Code. Process in such an action may be served
in any district in which the defendant is an inhabitant or in which the
defendant may be found.
(f) Actions by Other State Officials.--
(1) Nothing contained in this section shall prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any civil or criminal statute of
such State.
(2) In addition to actions brought by an attorney general of a
State under subsection (a), such an action may be brought by
officers of such State who are authorized by the State to bring
actions in such State on behalf of its residents.
SEC. 5. ACTIONS BY PRIVATE PERSONS.
(a) In General.--Any person adversely affected by any pattern or
practice of telemarketing which violates any rule of the Commission
under section 3, or an authorized person acting on such person's
behalf, may, within 3 years after discovery of the violation, bring a
civil action in an appropriate district court of the United States
against a person who has engaged or is engaging in such pattern or
practice of telemarketing if the amount in controversy exceeds the sum
or value of $50,000 in actual damages for each person adversely
affected by such telemarketing. Such an action may be brought to enjoin
such telemarketing, to enforce compliance with any rule of the
Commission under section 3, to obtain damages, or to obtain such
further and other relief as the court may deem appropriate.
(b) Notice.--The plaintiff shall serve prior written notice of the
action upon the Commission and provide the Commission with a copy of
its complaint, except in any case where such prior notice is not
feasible, in which case the person shall serve such notice immediately
upon instituting such action. The Commission shall have the right (A)
to intervene in the action, (B) upon so intervening, to be heard on all
matters arising therein, and (C) to file petitions for appeal.
(c) Action by the Commission.--Whenever a civil action has been
instituted by or on behalf of the Commission for violation of any rule
prescribed under section 3, no person may, during the pendency of such
action instituted by or on behalf of the Commission, institute a civil
action against any defendant named in the complaint in such action for
violation of any rule as alleged in such complaint.
(d) Cost and Fees.--The court, in issuing any final order in any
action brought under subsection (a), may award costs of suit and
reasonable fees for attorneys and expert witnesses to the prevailing
party.
(e) Construction.--Nothing in this section shall restrict any right
which any person may have under any statute or common law.
(f) Venue; Service of Process.--Any civil action brought under
subsection (a) in a district court of the United States may be brought
in the district in which the defendant is found, is an inhabitant, or
transacts business or wherever venue is proper under section 1391 of
title 28, United States Code. Process in such an action may be served
in any district in which the defendant is an inhabitant or in which the
defendant may be found.
SEC. 6. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) In General.--Except as otherwise provided in sections 3(d),
3(e), 4, and 5, this Act shall be enforced by the Commission under the
Federal Trade Commission Act (15 U.S.C. 41 et seq.). Consequently, no
activity which is outside the jurisdiction of that Act shall be
affected by this Act.
(b) Actions by the Commission.--The Commission shall prevent any
person from violating a rule of the Commission under section 3 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act. Any person who violates such rule shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this Act.
(c) Effect on Other Laws.--Nothing contained in this Act shall be
construed to limit the authority of the Commission under any other
provision of law.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``attorney general'' means the chief legal officer
of a State.
(2) The term ``Commission'' means the Federal Trade Commission.
(3) The term ``State'' means any State of the United States,
the District of Columbia, Puerto Rico, the Northern Mariana
Islands, and any territory or possession of the United States.
(4) The term ``telemarketing'' means a plan, program, or
campaign which is conducted to induce purchases of goods or
services by use of one or more telephones and which involves more
than one interstate telephone call. The term does not include the
solicitation of sales through the mailing of a catalog which--
(A) contains a written description, or illustration of the
goods or services offered for sale,
(B) includes the business address of the seller,
(C) includes multiple pages of written material or
illustrations, and
(D) has been issued not less frequently than once a year,
where the person making the solicitation does not solicit customers
by telephone but only receives calls initiated by customers in
response to the catalog and during those calls takes orders only
without further solicitation.
SEC. 8. FALSE ADVERTISEMENTS CONCERNING SERVICES.
Section 12(a) of the Federal Trade Commission Act (15 U.S.C. 52(a))
is amended by inserting ``services,'' immediately after ``devices,''
each place it appears.
SEC. 9. ENFORCEMENT OF ORDERS.
(a) General Authority.--Subject to subsections (b) and (c), the
Federal Trade Commission may bring a criminal contempt action for
violations of orders of the Commission obtained in cases brought under
section 13(b) of the Federal Trade Commission Act (15 U.S.C. 53(b)).
(b) Appointment.--An action authorized by subsection (a) may be
brought by the Federal Trade Commission only after, and pursuant to,
the appointment by the Attorney General of an attorney employed by the
Commission, as a special assistant United States Attorney.
(c) Request for Appointment.--
(1) Appointment upon request or motion.--A special assistant
United States Attorney may be appointed under subsection (b) upon
the request of the Federal Trade Commission or the court which has
entered the order for which contempt is sought or upon the Attorney
General's own motion.
(2) Timing.--The Attorney General shall act upon any request
made under paragraph (1) within 45 days of the receipt of the
request.
(d) Termination of Authority.--The authority of the Federal Trade
Commission to bring a criminal contempt action under subsection (a)
expires 2 years after the date of the first promulgation of rules under
section 3. The expiration of such authority shall have no effect on an
action brought before the expiration date.
SEC. 10. REVIEW.
Upon the expiration of 5 years following the date of the first
promulgation of rules under section 3, the Commission shall review the
implementation of this Act and its effect on deceptive telemarketing
acts or practices and report the results of the review to the Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Telemarketing and Consumer Fraud and Abuse Prevention Act - Directs the Federal Trade Commission to prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. Requires such rules to include: (1) a requirement that telemarketers not make unsolicited calls in a pattern which a reasonable customer would consider coercive or abusive of the customer's right to privacy; (2) restrictions on the times of day and night when unsolicited calls can be made to consumers; and (3) a requirement that any telephone solicitor shall promptly and clearly disclose the purpose of the call. Directs the Securities and Exchange Commission and the Commodity Futures Trading Commission to promulgate similar rules regarding telemarketing by brokers and dealers, unless Federal laws or rules adopted by such Commissions provide protection or such rules are not necessary or appropriate in the public interest.
Requires such Commissions to publish reasons for allowing any exception.
(Sec. 4) Permits the attorney general of any State, whenever there is reason to believe that the interests of a State's residents are adversely affected because of a telemarketing practice which violates rules promulgated pursuant to this Act, to bring a civil action to enjoin such telemarketing and to obtain damages and other appropriate relief.
(Sec. 5) Permits similar actions by any person adversely affected by violations of the rules promulgated pursuant to this Act, if the amount in controversy exceeds the sum or value of $50,000 in actual damages for each person adversely affected.
(Sec. 8) Amends the Federal Trade Commission Act to make it unlawful to disseminate by U.S. mails or by any means false advertisements concerning services.
(Sec. 9) Permits the Federal Trade Commission, until two years following the promulgation of rules under this Act, to bring a criminal contempt action for violations of orders of the Commission obtained in false advertising cases.
(Sec. 10) Provides for the review of the implementation of this Act, five years following the promulgation of rules, and for a report to the Congress. | {"src": "billsum_train", "title": "Telemarketing and Consumer Fraud and Abuse Prevention Act"} | 3,969 | 478 | 0.669642 | 2.354143 | 0.788176 | 3.300518 | 9.520725 | 0.911917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Digital Security and
Commerce Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States is the world leader in technology,
encryption, and computer security.
(2) The United States Government, through the expert work
of the National Institute of Standards and Technology (referred
to in this section as ``NIST'') and the Information Assurance
Directorate of the National Security Agency, plays a vital role
in developing the tools that keep global electronic
communications secure.
(3) The United States Government should actively promote
privacy and computer security. Allegations that entities within
the United States Government seek to undermine the security of
encryption standards or commercial products weaken privacy and
erode trust in the United States Government and in products
from the United States.
(4) The actions described in paragraph (3) may take a
serious toll on the United States economy. The Information
Technology and Innovation Foundation has predicted that United
States companies may lose 10 percent of the cloud computing
market to overseas competitors due to surveillance and security
concerns, a loss that could amount to not less than
$35,000,000,000 in lost sales by 2016.
(5) The cryptographic expertise of NIST is recognized
around the world, but widespread adoption of the robust
encryption standards that NIST develops depends on trust.
(6) To promote privacy protection and restore trust in the
encryption standards of the United States and hardware and
software from the United States, the United States Government
should be prohibited from undermining the security of the
United States technologies on which global commerce relies.
SEC. 3. FEDERAL INFORMATION SECURITY MANAGEMENT.
(a) Director of OMB Requirement.--Section 3543(a)(3) of title 44,
United States Code, is amended--
(1) by striking ``assure, to the maximum extent feasible''
and inserting the following: ``assure--
``(A) to the maximum extent feasible,'';
(2) by inserting ``and'' after the semicolon; and
(3) by adding at the end the following:
``(B) that any agency or office described in
subparagraph (A) does not intentionally weaken,
circumvent, undermine, or create any mechanism through
which any agency or office of the Federal Government
may bypass, the privacy, security, or encryption
protections included in any standard or guideline;''.
(b) Requirement for NIST Consultees.--
(1) In general.--Section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) is amended--
(A) by redesignating subsection (e) as subsection
(f); and
(B) by inserting after subsection (d) the
following:
``(e) Each agency or office that the Institute consults with under
subsection (c)(1) may not intentionally weaken, circumvent, undermine,
or create any mechanism through which any agency or office of the
Federal Government may bypass, the privacy, security, or encryption
protections included in any standard or guideline required under
subsection (a) or (b).''.
(2) Technical and conforming amendments.--Section 22 of the
National Institute of Standards and Technology Act (15 U.S.C.
278h) is amended--
(A) in subsection (a)(2), by striking ``Computer
System Security and Privacy Advisory Board under
section 20(f)'' and inserting ``Information Security
and Privacy Advisory Board under section 21''; and
(B) in subsection (e)(1), by striking ``Computer
System Security and Privacy Advisory Board'' and
inserting ``Information Security and Privacy Advisory
Board under section 21''.
SEC. 4. SECURITY OF COMPUTER HARDWARE, COMPUTER SOFTWARE, AND
ELECTRONIC DEVICES.
(a) Definitions.--In this section--
(1) the terms ``agent of a foreign power'' and ``foreign
power'' have the meaning given those terms in section 101(a) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801);
(2) the term ``covered person''--
(A) means an individual, partnership, association,
joint stock company, trust, or corporation; and
(B) does not include a foreign power or an agent of
a foreign power;
(3) the term ``covered product'' means any computer
hardware, computer software, or electronic device that is made
available to the general public; and
(4) the term ``element of the intelligence community''
means an element of the intelligence community specified in or
designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)).
(b) Security of Covered Products.--
(1) Prohibitions.--
(A) Prohibition on interception.--Except as
provided in paragraph (2), an agency or department of
the Federal Government may not intercept any shipment
of covered products for the purpose of intentionally
introducing into the covered products a mechanism or
device that would allow an agency or department of the
Federal Government to circumvent the privacy, security,
or encryption protections of the covered products.
(B) Prohibition on requiring or contracting for
installation of devices.--Except as provided in
paragraph (2), an element of the intelligence community
may not require, or contract with, a manufacturer or
developer of covered products to place a mechanism or
device into a covered product that would allow any
agency or department of the Federal Government to
circumvent any privacy, security, or encryption
protections of the covered product.
(2) Exception for lawful surveillance activities under
court order.--The prohibitions under paragraph (1) shall not
apply to a lawful surveillance activity conducted pursuant to a
court order issued under--
(A) chapter 119, 121, or 206 of title 18, United
States Code; or
(B) the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), except section 702 of
that Act (50 U.S.C. 1881a).
(c) Enforcement.--
(1) Authorization of civil action.--A covered person that
suffers an injury proximately caused by a violation of
subsection (b) may bring a civil action against the United
States in a district court of the United States to recover
money damages in accordance with paragraph (2) of this
subsection.
(2) Amount of damages.--A court, in awarding money damages
to a covered person in a civil action brought under this
subsection, shall award--
(A) an amount that is the greater of--
(i) the amount of actual damages; or
(ii) $10,000; and
(B) reasonable costs, including reasonable
attorney's fees.
(3) Exclusive remedy.--A civil action against the United
States under this subsection shall be the exclusive remedy
against the United States for a violation of subsection (b).
(4) Reimbursement of award.--An agency or department of the
United States, including an element of the intelligence
community, shall deposit into the general fund of the Treasury
of the United States an amount equal to any amount awarded
under paragraph (2), for a violation of subsection (b) by the
agency or department, out of any appropriation, fund, or other
account (excluding any part of such appropriation, fund, or
account that is available for the enforcement of any Federal
law) that is available for the operating expenses of the agency
or department.
(5) Defense of good faith reliance.--The United States
shall not be liable to a covered person in a civil action
brought under this subsection based on any action taken by an
individual acting on behalf of an agency or department of the
United States, including an element of the intelligence
community, if the individual acted in a good faith reliance on
a court order, a grand jury subpoena, or a legislative
authorization under--
(A) chapter 119, 121, or 206 of title 18, United
States Code; or
(B) the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), except section 702 of
that Act (50 U.S.C. 1881a). | American Digital Security and Commerce Act of 2014 - Requires the Director of the Office of Management and Budget (OMB), in coordinating standards and guidelines under the National Institute of Standards and Technology Act with agencies and offices operating or exercising control of national security systems (including the National Security Agency [NSA]), to assure that such agencies or offices do not intentionally weaken, circumvent, undermine, or create any mechanism through which a federal agency may bypass the privacy, security, or encryption protections included in any standard or guideline. Prohibits agencies and offices that consult with the National Institute of Standards and Technology (NIST) on information security policies from undermining such protective mechanisms. Prohibits federal agencies from intercepting shipments of computer or electronic products for the purpose of intentionally introducing into the products a mechanism or device that would allow a federal agency to circumvent a product's privacy, security, or encryption protections. Bars elements of the intelligence community from requiring, or contracting with, a manufacturer or developer of such products to place such a mechanism or device into its products. Exempts from such mechanism placement prohibitions certain lawful surveillance activities pursuant to a court order under specified provisions of the federal criminal code or the Foreign Intelligence Surveillance Act of 1978 (except with respect to procedures for targeting persons outside the United States other than U.S. persons). Permits persons (including certain associations and corporations, but excluding foreign powers) who suffer an injury relating to a mechanism placed into product to bring a civil action against the United States to recover money damages. | {"src": "billsum_train", "title": "American Digital Security and Commerce Act of 2014"} | 1,828 | 344 | 0.571089 | 1.884341 | 0.913673 | 2.910959 | 5.726027 | 0.821918 |
SECTION 1. REGISTRATION OF CANADIAN PESTICIDES BY STATES.
(a) In General.--Section 24 of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the
following:
``(d) Registration of Canadian Pesticides by States.--
``(1) Definitions.--In this subsection:
``(A) Canadian pesticide.--The term `Canadian
pesticide' means a pesticide that--
``(i) is registered for use as a pesticide
in Canada;
``(ii) is identical or substantially
similar in its composition to a comparable
domestic pesticide registered under section 3
of this Act; and
``(iii) is registered in Canada by the
registrant of the comparable domestic pesticide
or an affiliated entity of the registrant.
``(B) Comparable domestic pesticide.--The term
`comparable domestic pesticide' means a pesticide--
``(i) that is registered under section 3 of
this Act;
``(ii) the registration of which is not
under suspension;
``(iii) that is not subject to a notice of
intent to cancel or suspend, a notice for
voluntary cancellation under section 6(f) of
this Act, or an enforcement action under this
Act;
``(iv) that is used as the basis for
comparison for the determinations required
under section 24(d)(4) of this Act;
``(v) that is registered for use on the
site(s) of application for which registration
is sought under this subsection;
``(vi) for which no use is the subject of a
pending interim administrative review under
section 3(c)(8) of this Act;
``(vii) that is not subject to sales
limitations or production caps agreed upon
between the Administrator and the registrant or
imposed by the Administrator for risk
mitigation purposes; and
``(viii) that is not classified as a
restricted use pesticide under section 3(d) of
this Act.
``(2) Authority to register canadian pesticides.--
``(A) In general.--A State may register a Canadian
pesticide for distribution and use only within the
State if the registration complies with this
subsection, is consistent with the purposes of this
Act, and has not previously been denied or disapproved
by the Administrator. A pesticide registered under this
subsection shall not be used to produce a pesticide to
be registered under section 3 or section 24(c) of this
Act.
``(B) Effect of registration.--A registration of a
Canadian pesticide by a State under this subsection
shall be deemed a registration under section 3 for all
purposes of this Act, but shall authorize distribution
and use only within such State.
``(C) Registrant.--Any person or State may seek
registration of a Canadian pesticide pursuant to this
subsection. Such person or State shall be deemed the
registrant of the Canadian pesticide under this Act.
``(3) Requirements for registration sought by person.--A
person seeking registration from a State of a Canadian
pesticide under this subsection must--
``(A) demonstrate to the State that the Canadian
pesticide is identical or substantially similar in its
composition to a comparable domestic pesticide; and
``(B) submit to the State a copy of the label
approved by the Pest Management Regulatory Agency for
the Canadian pesticide and the label approved by the
Administrator for the comparable domestic pesticide.
``(4) State requirements for registration.--A State may
register a Canadian pesticide under this subsection only if
it--
``(A) has obtained the confidential statement of
formula for the Canadian pesticide;
``(B) determines that the Canadian pesticide is
identical or substantially similar in its composition
to a comparable domestic pesticide;
``(C) for each food or feed use authorized by the
registration--
``(i) determines that there exists an
adequate tolerance or exemption under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.) that permits the residues of the
pesticide on the food or feed; and
``(ii) identifies the tolerances or
exemptions in the submissions made under
subparagraph (D);
``(D) has obtained a label approved by the
Administrator, that--
``(i) duplicates all statements, excluding
the establishment number, from the approved
labeling of the comparable domestic pesticide
that are relevant to the uses registered by the
State and deletes all labeling statements
relating to uses not registered by the State;
``(ii) identifies the state in which the
product may be used;
``(iii) prohibits sale and use outside the
state identified in clause (ii);
``(iv) includes a statement indicating that
it is unlawful to use the Canadian pesticide in
the State in a manner that is inconsistent with
the labeling approved by the Administrator
pursuant to this subsection; and
``(v) identifies the establishment number
of the establishment in which the labeling
approved by the Administrator will be affixed
to the containers of the Canadian pesticide;
and
``(E) notifies, within 10 working days after the
State's issuance of a registration under this
subsection, the Administrator in writing of the State's
action, which notification shall include a statement of
the determination made under this paragraph, the
effective date of the registration, a confidential
statement of formula, and a final printed copy of the
labeling approved by the Administrator.
``(5) Disapproval of registration by administrator.--A
registration issued by a State under this subsection shall not
be effective for more than 90 days if disapproved by the
Administrator within that period. The Administrator may
disapprove the registration of a Canadian pesticide by a State
pursuant to this subsection if the Administrator determines
that the registration of the Canadian pesticide by the State
does not comply with this subsection or the Federal Food, Drug,
and Cosmetic Act, or is inconsistent with the purposes of this
Act.
``(6) Labeling of canadian pesticides.--
``(A) Containers.--Each container containing a
Canadian pesticide registered by a State shall at all
times bear the label that is approved by the
Administrator. The label must be securely attached to
the container and must be the only label visible on the
container. The original Canadian label on the container
must be preserved underneath the label approved by the
Administrator.
``(B) Affixing labels.--After a Canadian pesticide
is registered under this subsection, the registrant
shall prepare labels approved by the Administrator for
such Canadian pesticide and shall conduct or supervise
all labeling of the Canadian pesticides with the
approved labeling. Labeling of the Canadian pesticides
pursuant to this subsection must be conducted at an
establishment registered by the registrant pursuant to
section 7 of this Act.
``(C) Establishment reporting requirements.--
Establishments registered for the sole purpose of
labeling required under section 24(d)(6) of this Act
are exempt from the reporting requirements provided in
section 7(c) of this Act.
``(7) Revocation.--At any time after the registration of a
Canadian pesticide, if the Administrator finds that the
Canadian pesticide is not identical or substantially similar in
composition to a comparable domestic pesticide, the
Administrator may issue an emergency order revoking the
registration of the Canadian pesticide. Such order shall be
immediately effective and may prohibit sale, distribution and
use of the Canadian pesticide. Such order may also prescribe
terms of a requirement for the registrant of any such Canadian
pesticide to purchase and dispose of any unopened product
subject to a revocation order. The registrant of a product
subject to a revocation order may request a hearing on such
order within 10 days of the issuance of such order. If no
hearing is requested within the prescribed period, the order
shall become final and shall not be subject to judicial review.
If a hearing is requested, judicial review may be sought only
at the conclusion of the hearing and following the issuance by
the Agency of a final revocation order. A final revocation
order issued following a hearing shall be reviewable in
accordance with section 16 of this Act.
``(8) Suspension of state authority to register canadian
pesticides.--
``(A) In general.--If the Administrator finds that
a State that has registered 1 or more Canadian
pesticides under this subsection is not capable of
exercising adequate controls to ensure that
registration under this subsection is consistent with
this subsection, other provisions of this Act, or the
Federal Food, Drug, and Cosmetic Act,, or has failed to
exercise adequate controls of one or more Canadian
pesticides registered under this subsection, the
Administrator may suspend the authority of the State to
register Canadian pesticides under this subsection
until such time as the Administrator determines that
the State can and will exercise adequate control of the
Canadian pesticides.
``(B) Notice and opportunity to respond.--Before
suspending the authority of a State to register a
Canadian pesticide, the Administrator shall--
``(i) advise the State that the
Administrator proposes to suspend the authority
and the reasons for the proposed suspension;
and
``(ii) before taking final action to
suspend under this subsection, the
Administrator shall provide the State an
opportunity to respond to the proposal to
suspend within 30 calendar days of the State's
receipt of the Administrator's proposal to
suspend.
``(9) Tort liability.--
``(A) State as registering agency.--No action for
monetary damages may be maintained in any Federal court
against a State acting as a registering agency under
the authority of and consistent with this section for
injury or damage resulting from the use of a product
registered by the State pursuant to this subsection.
``(B) Registrant.--Actions in tort may not be
maintained in any Federal court against a registrant
for damages resulting from adulteration or
compositional alterations of the registrants product
registered under this subsection if the registrant did
not and could not reasonably have knowledge of the
adulteration or compositional alterations.
``(10) Disclosure of information by administrator to the
state.--The Administrator may disclose to a State that is
seeking to register a Canadian pesticide in the State
information that is necessary for the State to make the
determinations required by paragraph (4) if the State certifies
to the Administrator that the State can and will maintain the
confidentiality of any trade secrets or commercial or financial
information provided by the Administrator to the State under
this subsection to the same extent as is required under section
10 of this Act.
``(11) Provision of information by registrants of
comparable domestic pesticides.--Upon request, the registrant
of a comparable domestic pesticide shall provide to a State
that is seeking to register a Canadian pesticide in the State
pursuant to this subsection information that is necessary for
the State to make the determinations required by section
24(d)(4) of this Act if the State certifies to the registrant
that the State can and will maintain the confidentiality of any
trade secrets or commercial or financial information provided
by the registrant to the State under this subsection to the
same extent as is required under section 10 of this Act. If the
registrant of a comparable domestic pesticide fails to provide
to the State, within 15 days of its receipt of a written
request by the State, information possessed by or reasonably
accessible to the registrant that is necessary to make the
determinations required by paragraph (4), the Administrator may
assess a penalty against the registrant of the comparable
pesticide based on the Administrator's estimate of the
difference between the per-acre cost of the application of the
comparable domestic pesticide and the application of the
Canadian pesticide multiplied by the acreage in the State of
the commodity for which the State registration is sought. No
penalty under this subsection shall be assessed unless the
registrant assessed shall have been given notice and
opportunity for a hearing as provided by section 14(a)(3) of
this Act. The only matters for resolution at that hearing will
be whether the registrant of the comparable domestic pesticide
failed to timely provide to the State the information possessed
by or reasonably accessible to the registrant that was
necessary to make the determinations required by paragraph (4)
and the amount of the penalty.
``(12) Penalty for disclosure by state employee.--The State
shall not make public information obtained under paragraphs
(10) and (11) of this subsection that is privileged and
confidential and contains or relates to trade secrets or
commercial or financial information. Any State employee who has
willfully disclosed information described in this paragraph
shall be subject to penalties prescribed in section 10(f) of
this Act.
``(13) Data compensation.--A State or person registering a
Canadian pesticide under this subsection shall not be liable
for compensation for data supporting such registration if the
registration of the Canadian pesticide in Canada and the
registration of the comparable domestic pesticide are held by
the same registrant or by affiliated entities.
``(14) Formulation change.--The registrant of a comparable
domestic pesticide must notify the Administrator of any change
in the formulation of a comparable domestic pesticide or a
Canadian pesticide registered by such registrant or its
affiliate at least 30 days prior to any sale or distribution of
the pesticide containing the new formulation. The registrant of
the comparable domestic pesticide must submit, with its notice
to the Administrator pursuant to this paragraph, the
confidential statement of formula for the new formulation if
the registrant has possession of or reasonable access to such
information. If the registrant fails to provide notice or
submit a confidential statement of formula as required by this
paragraph, the Administrator may issue a notice of intent to
suspend the registration of the comparable domestic pesticide
for a period of no less than one year. Suspension shall become
final within 30 days of the Administrator's issuance of the
notice of intent to suspend, unless during that time the
registrant requests a hearing. If a hearing is requested, a
hearing shall be conducted under section 6(d) of this Act. The
only matter for resolution at that hearing will be whether the
registrant has failed to provide notice or submit a
confidential statement of formula as required by this
paragraph.''.
(b) Conforming Amendment.--Section 24(c)(4) is amended in the first
sentence by striking ``If the Administrator'' and inserting the
following: ``Except as otherwise provided in section 24(d)(8), if the
Adminstrator''. | Prohibits actions in Federal court against: (1) States acting as registering agencies for damages resulting from the use of a product registered under this Act; or (2) registrants for damages resulting from adulteration or compositional alterations of such a product if the registrant could not reasonably have knowledge of such adulteration or alterations. | {"src": "billsum_train", "title": "To amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit a State to register a Canadian pesticide for distribution and use within that State."} | 3,231 | 77 | 0.514825 | 1.24968 | 0.31811 | 3.266667 | 49.1 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pet and Women Safety Act of 2014''.
SEC. 2. PET INVOLVEMENT IN CRIMES RELATED TO DOMESTIC VIOLENCE AND
STALKING.
(a) Interstate Stalking.--Section 2261A of title 18, United States
Code, is amended--
(1) in paragraph (1)(A)--
(A) in clause (ii), by striking ``or'' at the end;
and
(B) by inserting after clause (iii) the following:
``(iv) the pet of that person; or''; and
(2) in paragraph (2)(A), by striking ``or (iii)'' and
inserting ``(iii), or (iv)''.
(b) Interstate Violation of Protection Order.--Section 2262 of
title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting after ``another
person'' the following: ``or the pet of that person'';
and
(B) in paragraph (2), by inserting after
``proximity to, another person'' the following ``or the
pet of that person''; and
(2) in subsection (b)(5), by inserting after ``in any other
case,'' the following: ``including any case where the offense
is committed against a pet,''.
(c) Restitution To Include Veterinary Services.--Section 2264 of
title 18, United States Code, is amended in subsection (b)(3)--
(1) by redesignating subparagraph (F) as subparagraph (G);
(2) in subparagraph (E), by striking ``and'' at the end;
and
(3) by inserting after subparagraph (E) the following:
``(F) veterinary services relating to physical care
for the victim's pet; and''.
(d) Pet Defined.--Section 2266 of title 18, United States Code, is
amended by inserting after paragraph (10) the following:
``(11) Pet.--The term `pet' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, horse, or other
animal that is kept for pleasure rather than for commercial
purposes.''.
SEC. 3. EMERGENCY AND TRANSITIONAL PET SHELTER AND HOUSING ASSISTANCE
GRANT PROGRAM.
(a) In General.--The Secretary of Agriculture, acting in
consultation with the Director of the Violence Against Women Office of
the Department of Justice, the Secretary of Housing and Urban
Development, and the Secretary of Health and Human Services, shall
award grants under this section to eligible entities to carry out
programs to provide the assistance described in subsection (c) with
respect to victims of domestic violence, dating violence, sexual
assault, or stalking and the pets of such victims.
(b) Application.--
(1) In general.--An eligible entity seeking a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require, including--
(A) a description of the activities for which a
grant under this section is sought;
(B) such assurances as the Secretary determines to
be necessary to ensure compliance by the entity with
the requirements of this section; and
(C) a certification that the entity, before
engaging with any individual domestic violence victim,
will disclose to such victim any mandatory duty of the
entity to report instances of abuse and neglect
(including instances of abuse and neglect of pets).
(2) Additional requirements.--In addition to the
requirements of paragraph (1), each application submitted by an
eligible entity under such paragraph shall--
(A) not include proposals for any activities that
may compromise the safety of a domestic violence
victim, including--
(i) background checks of domestic violence
victims; or
(ii) clinical evaluations to determine the
eligibility of such a victim for support
services;
(B) not include proposals that would require
mandatory services for victims or that a victim obtain
a protective order in order to receive proposed
services; and
(C) reflect the eligible entity's understanding of
the dynamics of domestic violence, dating violence,
sexual assault, or stalking.
(3) Rules of construction.--Nothing in this subsection
shall be construed to require--
(A) domestic violence victims to participate in the
criminal justice system in order to receive services;
or
(B) eligible entities receiving a grant under this
section to breach client confidentiality.
(c) Use of Funds.--Grants awarded under this section may only be
used for programs that provide--
(1) emergency and transitional pet shelter and housing
assistance, including assistance with respect to any
construction or operating expenses of newly developed or
existing emergency and transitional pet shelter and housing
(regardless of whether such shelter and housing is co-located
at a victim service provider or within the community);
(2) short-term pet shelter and housing assistance,
including assistance with respect to expenses incurred for the
temporary shelter, housing, boarding, or fostering of the pets
of domestic violence victims and other expenses that are
incidental to securing the safety of such a pet during the
sheltering, housing, or relocation of such victims;
(3) support services designed to enable a domestic violence
victim who is fleeing a situation of domestic violence, dating
violence, sexual assault, or stalking to--
(A) locate and secure safe housing with their pet
or safe accommodation for their pet; or
(B) provide the victim with pet-related services,
such as pet transportation, pet care services, and
other assistance; or
(4) for the training of relevant stakeholders on--
(A) the link between domestic violence, dating
violence, sexual assault, or stalking and the abuse and
neglect of pets;
(B) the needs of domestic violence victims;
(C) best practices for providing support services
to such victims;
(D) best practices for providing such victims with
referrals to victims' services; and
(E) the importance of confidentiality.
(d) Grant Conditions.--An eligible entity that receives a grant
under this section shall, as a condition on such receipt, agree--
(1) to be bound by the nondisclosure of confidential
information requirements of section 40002(b)(2) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)(2)); and
(2) that the entity shall not condition the receipt of
support, housing, or other benefits provided pursuant to this
section on the participation of domestic violence victims in
any or all of the support services offered to such victims
through a program carried out by the entity using grant funds.
(e) Duration of Assistance Provided to Victims.--
(1) In general.--Subject to paragraph (2), assistance
provided with respect to a pet of a domestic violence victim
using grant funds awarded under this section shall be provided
for a period of not more than 24 months.
(2) Extension.--An eligible entity that receives a grant
under this section may extend the 24-month period referred to
in paragraph (1) for a period of not more than 6 months in the
case of a domestic violence victim who--
(A) has made a good faith effort to acquire
permanent housing for their pet during such 24-month
period; and
(B) has been unable to acquire such permanent
housing within such period.
(f) Report to the Secretary.--Not later than one year after the
date on which an eligible entity receives a grant under this section
and each year thereafter, such entity shall submit to the Secretary of
Agriculture a report. Such report shall contain, with respect to
assistance provided by such entity with respect to pets of domestic
violence victims using grant funds received under this section,
information on--
(1) the number of pets provided such assistance; and
(2) the purpose, amount, type of, and duration of such
assistance.
(g) Report to Congress.--
(1) Reporting requirement.--Not later than November 1 of
each even-numbered fiscal year, the Secretary of Agriculture
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that contains a compilation
of the information contained in the report submitted under
subsection (f).
(2) Availability of report.--The Secretary of Agriculture
shall transmit a copy of the report submitted under paragraph
(1) to--
(A) the Office on Violence Against Women of the
Department of Justice;
(B) the Office of Community Planning and
Development at the United States Department of Housing
and Urban Development; and
(C) the Administration for Children and Families at
the United States Department of Health and Human
Services.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $3,000,000 for each of fiscal years 2015
through 2019.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent may
be used for evaluation, monitoring, technical assistance,
salaries, and administrative expenses.
(i) Definitions.--In this section:
(1) Domestic violence victim defined.--The term ``domestic
violence victim'' means a victim of domestic violence, dating
violence, sexual assault, or stalking.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a general unit of local government;
(C) an Indian tribe; or
(D) any other organization that has a documented
history of effective work concerning domestic violence,
dating violence, sexual assault, or stalking (as
determined by the Secretary), including--
(i) a domestic violence and sexual assault
victim service provider;
(ii) a domestic violence and sexual assault
coalition;
(iii) a community-based and culturally
specific organization;
(iv) any other nonprofit, nongovernmental
organization; or
(v) any organization that works directly
with pets and collaborates with any
organization referred to in clauses (i) through
(iv), including--
(I) an animal shelter; or
(II) an animal welfare
organization.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that States should encourage the
inclusion of protections against violent or threatening acts against
the pet of the person in domestic violence protection orders. | Pet and Women Safety Act of 2014 - Amends the federal criminal code to prohibit threats or acts of violence against a person's pet under the offenses of stalking and interstate violation of a protection order. Defines "pet" to mean a domesticated animal that is kept for pleasure rather than for commercial purposes. Requires the "full amount of the victim's losses" for purposes of restitution in domestic violence and stalking offenses to include any costs incurred for veterinary services relating to physical care for the victim's pet. Directs the Secretary of Agriculture (USDA) to award grants to eligible entities to carry out programs to provide specified housing assistance, support services, and training of relevant stakeholders to victims of domestic violence, dating violence, sexual assault, or stalking and their pets. Expresses the sense of Congress that states should encourage the inclusion of protections against violent or threatening acts against the pet of the person in domestic violence protection orders. | {"src": "billsum_train", "title": "Pet and Women Safety Act of 2014"} | 2,269 | 221 | 0.54256 | 1.523027 | 0.731515 | 4.485876 | 12.288136 | 0.892655 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Surface
Transportation And Taxation Equity Act'' or as the ``STATE Act''.
(b) Findings.--The Congress finds the following:
(1) Today's surface transportation problems are largely
local and regional in nature.
(2) The original Federal goal of creating an interstate
system was met in the early 1980's.
(3) State and local governments are outspending the Federal
Government on transportation by a ratio of 2 to 1.
(4) The amount of traffic experiencing congested conditions
in the peak travel periods has doubled in 20 years from 33
percent in 1982 to 67 percent in 2002.
(5) More than $63,000,000,000 is wasted each year due to
congestion in the 85 most populated areas in the country.
(c) Purposes.--The purposes of this Act are to--
(1) return primary transportation program responsibility
and taxing authority to the States,
(2) free States' transportation dollars from Federal
micromanagement, earmarking, and budgetary pressures,
(3) enable decisions regarding which infrastructure
projects will be built, how they will be financed, and how they
will be regulated to be made by persons best able to make those
decisions,
(4) eliminate the current system in which a Federal
gasoline tax is sent to Washington and through a cumbersome
Department of Transportation bureaucracy,
(5) prohibit the Federal Government from forcing unwanted
mandates on States by threatening to withhold transportation
money, and
(6) achieve measurable congestion mitigation and
infrastructure preservation and safety in a cost effective way
subject to available resources.
SEC. 2. FEDERAL TAX ON FUELS DECREASED BY AMOUNT OF INCREASE IN STATE
TAX ON FUEL.
(a) In General.--Subpart B of part III of subchapter A of chapter
32 of the Internal Revenue Code of 1986 (relating to special provisions
applicable to fuels tax) is amended by adding at the end the following
new section:
``SEC. 4106. REDUCTION IN RATES OF TAX BASED ON INCREASE IN STATE TAX
RATE.
``(a) In General.--Under regulations prescribed by the Secretary,
the rate of tax imposed under section 4081 with respect to any fuel and
the rate of tax imposed under section 4041 with respect to any liquid
shall be decreased, but not below 2 cents per gallon, by the applicable
State tax rate increase with respect to such fuel or liquid.
``(b) Applicable State Tax Rate Increase.--For purposes of this
section, the term `applicable State tax rate increase' means, with
respect to any fuel or liquid, the excess, as periodically determined
under tables prescribed by the Secretary, of--
``(1) the rate of tax imposed by the applicable State on
the sale or use of such fuel or liquid, over
``(2) the rate of tax imposed by the applicable State on
the sale or use of such fuel or liquid as of March 3, 2005.
Any increase in the rate of tax imposed by any applicable State on the
sale or use of any fuel or liquid shall be taken into account under
this subsection only if State law provides that such increase is to be
taken into account under this subsection.
``(c) Applicable State.--For purposes of this section, the term
`applicable State' means the State which is determined under
regulations prescribed by the Secretary as--
``(1) in the case of a liquid to which section 4041
applies, the State in which such liquid is sold or used, or
``(2) in the case of a fuel to which section 4081 applies,
the State in which such fuel is most likely to be sold or used.
``(d) Requirement to Maintain Interstate Highway System.--
Subsection (a) shall not apply with respect to any fuel or liquid if
the applicable State with respect to such fuel or liquid has not
entered into an agreement with the Secretary of Transportation under
which such State has agreed to provide for the proper maintenance of
that portion of the interstate highway system which is within such
State.''.
(b) Conforming Amendments.--
(1) Section 9503 of such Code is amended by striking
subsection (d).
(2)(A) Paragraph (4) of section 9503(e) of such Code is
amended to read as follows:
``(6) Reduction in rate of transfer based on reduction in
state tax rates.--
``(A) In general.--There shall be substituted for
each amount in paragraph (2) an amount which bears the
same ratio to such amount as the aggregate reduced tax
rate bears to the aggregate unreduced tax rate.
``(B) Aggregate reduced tax rate.--For purposes of
subparagraph (A), the term `aggregate reduced tax rate'
means, with respect to any amount for any calendar
year, the amount of tax that the Secretary estimates
will be imposed with respect to the liquid or fuel to
which such amount relates for such year after
application of section 4106.
``(C) Aggregate unreduced tax rate.--For purposes
of subparagraph (A), the term `aggregate unreduced tax
rate' means, with respect to any amount for any
calendar year, the amount of tax that the Secretary
estimates would have been imposed with respect to the
liquid or fuel to which such amount relates for such
year if section 4106 did not apply for such year.''.
(B) Subparagraph (A) of section 9503(e)(2) of such Code is
amended by striking ``sentence'' and inserting ``subsection''.
(3) The table for section for subpart B of part III of
subchapter A of chapter 32 of such Code is amended by adding at
the end the following new item:
``Sec. 4106. Reduction in rates of tax based on increase in State tax
rate.''.
(c) Effective Date.--The amendment made by this section shall apply
to liquid or fuel removed, entered, sold, or used after the date of the
enactment of this Act. | Surface Transportation and Taxation Equity Act or STATE Act - Amends the Internal Revenue Code to reduce the Federal excise tax on gasoline and special fuels (but not below 2 cents per gallon) by corresponding increases in fuel taxes imposed by States after March 3, 2005. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the Federal tax on fuels by the amount of any increase in the rate of tax on such fuel by the States."} | 1,351 | 62 | 0.454869 | 1.207427 | 0.667621 | 2.78 | 24.92 | 0.86 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing our Secrets Act'' or the
``SOS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Department.--The term ``Department'' means the
Department of State.
(3) Infraction; violation.--The terms ``infraction'' and
``violation'' have the meanings given such terms in section 6.1
of Executive Order 13526 (2009).
(4) Inspector general.--The term ``Inspector General''
means the Inspector General for the Department of State and the
Broadcasting Board of Governors.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 3. USE OF NONGOVERNMENTAL INFORMATION SYSTEMS.
(a) In General.--Beginning not later than 30 days after the date of
the enactment of this Act, employees of the Department may only use,
for all electronic communications related to their work for the
Department--
(1) email accounts on state.gov that are owned and managed
by the Department;
(2) telephonic systems that are owned and managed by the
Department; or
(3) other electronic communications systems owned and
managed by the Department or another appropriate Federal
agency, whenever such systems are available.
(b) Certification and Reporting.--
(1) Certification.--Except as provided in paragraphs (2)
and (3), not later than 90 days after the date of the enactment
of this Act, and annually thereafter, the Secretary shall
certify in writing to the appropriate congressional committees
that all employees of the Department have been provided with
access to electronic communications systems described in
subsection (a).
(2) Reporting.--If the Secretary cannot make the
certification described in paragraph (1), the Secretary shall
submit a report to the appropriate congressional committees
that identifies--
(A) the number of employees of the Department who
lack access to electronic communications systems
described in subsection (a);
(B) the reasons for such lack of access;
(C) the steps that have been taken to ensure that
such employees obtain and maintain such access on a
reliable basis; and
(D) the steps that have been taken to ensure that
work-related electronic communications by such
employees are appropriately recorded, archived, and
reviewed for the potential presence of classified
information.
(3) Waiver.--On a case by case basis, the Secretary of
State may waive the requirements under subsection (a) for one
employee, or a group of up to 10 employees, if, not later than
7 days after granting such waiver, the Secretary--
(A) certifies in writing to the appropriate
congressional committees that--
(i) such waiver is in the foreign policy or
national security interest of the United
States; and
(ii) all work-related written
communications generated by or processed on
nongovernmental systems by employees subject to
such waiver will be appropriately archived in
accordance with chapters 21, 29, 31, and 33 of
title 44, United States Code (commonly referred
to as the ``Federal Records Act'') and all
related rules, regulations, guidance, and
executive orders; and
(B) provides a written justification for such
waiver to the appropriate congressional committees.
(4) Limitations.--
(A) Duration.--Waivers issued pursuant to paragraph
(3) shall be valid for up to 180 days, but may be
reissued by the Secretary in accordance with the
requirements under paragraph (3).
(B) Multiple waivers.--The Secretary may issue
multiple waivers under paragraph (3) if each waiver is
consistent with the certification and the accompanying
justification.
(5) Accountability.--Not later than 90 days after the date
of the enactment of this Act, the Inspector General shall
develop and implement an oversight plan designed to determine,
to the greatest extent practicable, whether the Secretary and
all other employees of the Department are in full compliance
with the requirements under this section.
SEC. 4. REPORT ON SECURITY REVIEWS AND VIOLATIONS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit a report to the appropriate congressional committees that
details every security violation, including the unauthorized transfer
of marked or unmarked classified information into documents, electronic
media or systems, electronic transmissions, or other records or storage
not certified for the handling, storage, or transmittal of such
information, that occurred during the most recently completed fiscal
year.
(b) Contents.--The report required under subsection (a) shall
include, for each security violation identified in the report--
(1) the name and title of the employee responsible for the
violation;
(2) the date of the violation;
(3) a description of the violation, including whether or
not there is any indication that classified information was
compromised;
(4) the statute, rule, executive order, or regulation that
was violated; and
(5) a description of actions taken by officials of the
Department in response to the violation, including--
(A) any disciplinary action taken or criminal
referral made against the employee involved; and
(B) any remedial training administered to the
employee involved or to other employees of the
Department; and
(6) if the employee responsible for the violation had
committed one or more additional security violations during the
prior 10 years and the Secretary did not terminate the employee
or request the Federal Bureau of Investigations to review the
violation, a justification for failing to take such actions.
(c) Privacy Act Protections.--The report required under subsection
(a)--
(1) may not be made public by the Department; and
(2) shall be transmitted in such a manner so as to prevent
the public dissemination of any information protected under the
Privacy Act of 1974 (5 U.S.C. 552a et seq.).
SEC. 5. CLASSIFIED INFORMATION SPILLAGE.
(a) Detection of Classified Information Spillage.--The Secretary
shall appoint appropriate officials of the Bureau of Diplomatic
Security to receive training, in coordination with the Office of the
Director of National Intelligence, in the recognition of classified
information spillage.
(b) Randomized Sampling To Detect Spillage.--Each quarter, the
officials appointed pursuant to subsection (a) shall--
(1) collect statistically valid random samples of emails
sent by or received from employees of the Department who hold a
security clearance granting them authorized access to
information classified at the level of Secret or above; and
(2) use such randomized sampling, in accordance with the
training received under subsection (a), to detect classified
information spillage as part of the Department's program for
safeguarding classified information.
(c) Accountability.--The Inspector General shall--
(1) audit the work described in subsection (b); and
(2) include the findings of such audits in the semiannual
reports submitted to the appropriate congressional committees.
SEC. 6. REMEDIAL TRAINING.
(a) Emergency Refresher Training.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall certify in
writing to the appropriate congressional committees that all personnel
of the Department who possess security clearances have completed the
emergency refresher training described in subsection (b).
(b) Contents.--The Secretary shall require all personnel of the
Department who possess security clearances to complete emergency
refresher training on the rules and procedures governing the
appropriate handling of classified information, including--
(1) applicable rules and procedures governing--
(A) the receipt, handling, and transmission of
classified information by electronic means, including
telephonic, text message, facsimile, and email
communications;
(B) derivative classification, and the imperative
of continuing to safeguard classified information when
drawing upon such information in the creation of
secondary documents or other communications;
(C) the receipt, handling, and transmission of
foreign government information (as defined in section
6.1(s) of Executive Order 13526 (2009)), and the
requirements set forth in sections 1.1(d) and 4.1(h) of
such executive order;
(D) the review and processing of requests for
information under section 552 of title 5, United States
Code (commonly known as the ``Freedom of Information
Act'');
(E) challenges to classification status, including
section 1.8 of Executive Order 13526 (2009); and
(F) the continued protection of classified
information that has been disclosed without
authorization, including the requirement under section
1.1(c) of Executive Order 13526 (2009) that
``[c]lassified information shall not be declassified
automatically as a result of any unauthorized
disclosure of identical or similar information'';
(2) the requirement under section 5.4 of Executive Order
13526 (2009) that the Secretary--
(A) ``demonstrate personal commitment and commit
senior management to the successful implementation of
the program established under this order'';
(B) ``commit necessary resources to the effective
implementation'' of programs for the handling and
protection of classified information;
(C) ``ensure that agency records systems are
designed and maintained to optimize the appropriate
sharing and safeguarding of classified information'';
(D) ``designate a senior agency official to direct
and administer the program,''; and
(E) include ``the designation and management of
classified information'' as a critical element or item
to be evaluated in personnel performance evaluations;
(3) a list and clear explanation of the penalties provided
for violations of applicable rules and procedures governing the
topics described in paragraphs (1) and (2); and
(4) a signed certification by the employee receiving such
retraining that he or she--
(A) has received such training;
(B) has read and understands the rules, procedures,
and penalties described in paragraphs (1) through (3);
(C) understands the grave responsibilities entailed
by the privilege of being given access to national
security information; and
(D) undertakes under penalty of all applicable
laws, regulations, and policies not to violate any of
such rules and procedures.
(c) Prioritization.--The Secretary shall prioritize the emergency
refresher training described in subsection (b) in the following order:
(1) Employees possessing security clearances at the Top
Secret/Sensitive Compartmented Information level.
(2) Employees cleared for Top Secret information and below.
(3) Employees cleared for Secret information and below.
(4) Employees only cleared for Confidential information.
(d) Waiver.--The Secretary may delay the administration of the
emergency refresher training described in subsection (b) for any
specific employee or group of employees, up to the level of an
individual office, for a period of up to 30 days if the Secretary--
(1) determines that the critical foreign policy interests
of the United States require such a delay; and
(2) provides the appropriate congressional committees with
written notice of such delay and an explanation of the need for
such delay.
(e) Applicable Rules and Procedures Defined.--In this section, the
term ``applicable rules and procedures'' means--
(1) any applicable Federal statute;
(2) all the requirements set forth on the topic in question
by Executive Order 13526 (2009);
(3) any other current executive order dealing with the
handling of classified information;
(4) the Foreign Affairs Manual of the Department; and
(5) any other Departmental guidance or regulations.
SEC. 7. ENDURING TRAINING PROGRAM TO PREVENT MISHANDLING OF
INTELLIGENCE INFORMATION.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall establish an enduring training program, which
shall be administered annually to all employees of the Department, on
how to prevent the transfer of marked or unmarked classified or
sensitive information to documents, messages, electronic media, or any
other system not certified for the handling or storage of information
with that level of classification or sensitivity and compliant with
applicable Federal Information Security Management Act standards,
including during the review or public release of any record pursuant to
section 552 of title 5, United States Code (commonly known as the
``Freedom of Information Act'').
SEC. 8. PLAN FOR REFORMING RESPONSE TO REQUESTS FOR INFORMATION AND
INFORMATION ARCHIVING.
(a) Requirement for Plan.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit a plan to the
appropriate congressional committees for completing the reforms
described in subsection (b) not later than one year after the date of
the enactment of this Act.
(b) Elements.--The plan required under subsection (a) shall
include--
(1) a process for developing and implementing, in
coordination with the Director of National Intelligence, a
program for training and maintaining an appropriate number of
employees of the Department in--
(A) identifying marked or unmarked classified
information in documents or media subject to requests
under section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act''),
including information originating with the intelligence
community; and
(B) the appropriate procedures for ensuring that
officials from the intelligence community have an
opportunity to make a classification determination
regarding the classification status and level, if any,
of any information potentially originating with the
intelligence community;
(2) a process for developing and implementing a training
program for all officials of the Department on how to archive
emails and other electronic communications in accordance with
chapters 21, 29, 31, and 33 of title 44, United States Code,
and all related rules, regulations, guidance, and executive
orders; and
(3) a requirement for the annual administration of a sworn
affidavit made by each employee of the Department certifying
that such employee has, to the best of the employee's knowledge
and ability, archived all documents (including emails) created
or received by such employee in accordance with the chapters
21, 29, 31, and 33 of title 44, United States Code, and all
related rules, regulations, guidance, and executive orders.
(c) Accountability.--Not later than one year after the date of the
enactment of this Act, the Inspector General, after reviewing the
implementation of the plan required under this section, shall report to
the appropriate congressional committees on the degree to which the
Secretary--
(1) has implemented such plan; and
(2) has made progress in ensuring appropriate archiving and
securing of information by the Department. | Securing our Secrets Act or the SOS Act This bill requires Department of State employees engaging in work-related electronic communications to use only state.gov email accounts, telephonic systems owned and managed by the State Department, or other systems owned and managed by the State Department or another appropriate federal agency. The State Department may temporarily waive these requirements for an employee, or a group of up to 10 employees, by certifying that: (1) the waiver is in the foreign policy or national security interest of the United States, and (2) all work-related written communications on nongovernmental systems will be appropriately archived. The State Department must report annually on: (1) every security violation, including unauthorized transfers of classified information into electronic systems, transmissions, or storage not certified for handling classified information; and (2) its justification for failing to terminate an employee who commits a violation after having committed previous security violations during the prior 10 years or to request a Federal Bureau of Investigation review of such a violation. State Department employees holding security clearances are subject to the Bureau of Diplomatic Security's quarterly collection of random samples of their emails to detect classified information spillage. The State Department must submit a plan to train State Department employees to: (1) identify classified information in materials subject to Freedom of Information Act requests, (2) ensure that intelligence community officials have an opportunity to make classification determinations on information potentially originating with the intelligence community, and (3) certify annually that they have archived their emails and documents in accordance with federal law. | {"src": "billsum_train", "title": "SOS Act"} | 3,254 | 314 | 0.606904 | 1.887592 | 0.768281 | 2.822148 | 10.40604 | 0.922819 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Rural Medicare
Equity Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Elimination of geographic physician work adjustment factor from
geographic indices used to adjust payments
under the physician fee schedule.
Sec. 3. Clinical rotation demonstration project.
Sec. 4. Medicare rural health care quality improvement demonstration
projects.
Sec. 5. Ensuring proportional representation of interests of rural
areas on the Medicare Payment Advisory
Commission.
Sec. 6. Implementation of GAO recommendations regarding geographic
adjustment indices under the Medicare
physician fee schedule.
SEC. 2. ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK ADJUSTMENT FACTOR FROM
GEOGRAPHIC INDICES USED TO ADJUST PAYMENTS UNDER THE
PHYSICIAN FEE SCHEDULE.
(a) Findings.--Congress finds the following:
(1) Variations in the geographic physician work adjustment
factors under section 1848(e) of the Social Security Act (42
U.S.C. 1395w-4(e)) result in inequity between localities in
payments under the Medicare physician fee schedule.
(2) Beneficiaries under the Medicare program that reside in
areas where such adjustment factors are high have relatively
more access to services that are paid based on such fee
schedule.
(3) There are a number of studies indicating that the
market for health care professionals has become nationalized
and historically low labor costs in rural and small urban areas
have disappeared.
(4) Elimination of the adjustment factors described in
paragraph (1) would equalize the reimbursement rate for
services reimbursed under the Medicare physician fee schedule
while remaining budget-neutral.
(b) Elimination.--Section 1848(e) of the Social Security Act (42
U.S.C. 1395w-4(e)) is amended--
(1) in paragraph (1)(A)(iii), by striking ``an index'' and
inserting ``for services provided before January 1, 2008, an
index''; and
(2) in paragraph (2), by inserting ``, for services
provided before January 1, 2008,'' after ``paragraph (4)),
and''.
(c) Budget Neutrality Adjustment for Elimination of Geographic
Physician Work Adjustment Factor.--Section 1848(d) of the Social
Security Act (42 U.S.C. 1395w-4(d)), as amended by section 101 of the
Medicare Improvement and Extension Act of 2006, is amended--
(1) in paragraph (1)(A), by striking ``The conversion'' and
inserting ``Subject to paragraph (8), the conversion''; and
(2) by adding at the end the following new paragraph:
``(8) Budget neutrality adjustment for elimination of
geographic physician work adjustment factor.--Before applying
an update for a year under this subsection, the Secretary shall
(if necessary) provide for an adjustment to the conversion
factor for that year to ensure that the aggregate payments
under this part in that year shall be equal to aggregate
payments that would have been made under such part in that year
if the amendments made by section 2(b) of the Rural Medicare
Equity Act of 2007 had not been enacted.''.
SEC. 3. CLINICAL ROTATION DEMONSTRATION PROJECT.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish a demonstration
project that provides for demonstration grants designed to provide
financial or other incentives to hospitals to attract educators and
clinical practitioners so that hospitals that serve beneficiaries under
the Medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) who are residents of underserved areas may host
clinical rotations.
(b) Duration of Project.--The demonstration project shall be
conducted over a 5-year period.
(c) Waiver.--The Secretary shall waive such provisions of titles XI
and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395
et seq.) as may be necessary to conduct the demonstration project under
this section.
(d) Reports.--The Secretary shall submit to the appropriate
committees of Congress interim reports on the demonstration project and
a final report on such project within 6 months after the conclusion of
the project together with recommendations for such legislative or
administrative action as the Secretary determines appropriate.
(e) Funding.--There are appropriated to the Secretary $20,000,000
to carry out this section.
(f) Definitions.--In this section:
(1) Hospital.--The term ``hospital'' means any subsection
(d) hospital (as defined in section 1886(d)(1)(B) of the Social
Security Act (42 U.S.C. 1395ww(d)(1)(B)) that had indirect or
direct costs of medical education during the most recent cost
reporting period preceding the date of enactment of this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Underserved area.--The term ``underserved area'' means
such medically underserved urban areas and medically
underserved rural areas as the Secretary may specify.
SEC. 4. MEDICARE RURAL HEALTH CARE QUALITY IMPROVEMENT DEMONSTRATION
PROJECTS.
(a) Establishment.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'')
shall establish not more that 10 demonstration projects to
provide for improvements, as recommended by the Institute of
Medicine, in the quality of health care provided to individuals
residing in rural areas.
(2) Activities.--Activities under the projects may include
public health surveillance, emergency room videoconferencing,
virtual libraries, telemedicine, electronic health records,
data exchange networks, and any other activities determined
appropriate by the Secretary.
(3) Consultation.--The Secretary shall consult with the
Rural Health Quality Advisory Commission, the Office of Rural
Health Policy of the Health Resources and Services
Administration, the Agency for Healthcare Research and Quality,
and the Centers for Medicare & Medicaid Services in carrying
out the provisions of this section.
(b) Duration.--Each demonstration project under this section shall
be conducted over a 4-year period.
(c) Demonstration Project Sites.--The Secretary shall ensure that
the demonstration projects under this section are conducted at a
variety of sites representing the diversity of rural communities in the
Nation.
(d) Waiver.--The Secretary shall waive such provisions of titles XI
and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395
et seq.) as may be necessary to conduct the demonstration projects
under this section.
(e) Independent Evaluation.--The Secretary shall enter into an
arrangement with an entity that has experience working directly with
rural health systems for the conduct of an independent evaluation of
the projects conducted under this section.
(f) Reports.--The Secretary shall submit to the appropriate
committees of Congress interim reports on each demonstration project
and a final report on such project within 6 months after the conclusion
of the project. Such reports shall include recommendations regarding
the expansion of the project to other areas and recommendations for
such other legislative or administrative action as the Secretary
determines appropriate.
(g) Funding.--There are appropriated to the Secretary $50,000,000
to carry out this section.
SEC. 5. ENSURING PROPORTIONAL REPRESENTATION OF INTERESTS OF RURAL
AREAS ON THE MEDICARE PAYMENT ADVISORY COMMISSION.
(a) In General.--Section 1805(c)(2) of the Social Security Act (42
U.S.C. 1395b-6(c)(2)) is amended--
(1) in subparagraph (A), by inserting ``consistent with
subparagraph (E)'' after ``rural representatives''; and
(2) by adding at the end the following new subparagraph:
``(E) Proportional representation of interests of
rural areas.--In order to provide a balance between
urban and rural representatives under subparagraph (A),
the proportion of members who represent the interests
of health care providers and Medicare beneficiaries
located in rural areas shall be no less than the
proportion, of the total number of Medicare
beneficiaries, who reside in rural areas.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to appointments made to the Medicare Payment
Advisory Commission after the date of the enactment of this Act.
SEC. 6. IMPLEMENTATION OF GAO RECOMMENDATIONS REGARDING GEOGRAPHIC
ADJUSTMENT INDICES UNDER THE MEDICARE PHYSICIAN FEE
SCHEDULE.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Health and Human Services shall implement the
recommendations contained in the March 2005 GAO report 05-119 entitled
``Medicare Physician Fees: Geographic Adjustment Indices are Valid in
Design, but Data and Methods Need Refinement.''. | Rural Medicare Equity Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate the geographic physician work adjustment factor from the geographic indices used to adjust payments under the physician fee schedule.
Directs the Secretary of Health and Human Services to establish a demonstration grants project designed to provide financial or other incentives to hospitals to attract educators and clinical practitioners so that hospitals that serve Medicare beneficiaries residing in underserved areas may host clinical rotations.
Directs the Secretary to establish up to 10 demonstration projects to provide for improvements, as recommended by the Institute of Medicine, in the quality of health care provided to individuals residing in rural areas.
Amends SSA title XVIII to require proportional representation of rural area interests on the Medicare Payment Advisory Commission (MEDPAC).
Directs the Secretary to implement the recommendations contained in the March 2005 GAO report 05-119 entitled "Medicare Physician Fees: Geographic Adjustment Indices are Valid in Design, but Data and Methods Need Refinement." | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve the Medicare program for beneficiaries residing in rural areas."} | 2,098 | 222 | 0.582303 | 1.651103 | 0.800822 | 5.794737 | 9.205263 | 0.931579 |
SECTION 1. MODIFICATION OF TREATMENT OF ADOPTED CHILDREN.
(a) In General.--Section 101(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1101(b)(1)) is amended--
(1) in subparagraph (E)(i), by striking ``a child adopted
while under the age of sixteen years if the child has been in
the legal custody of, and has resided with, the adopting parent
or parents for at least two years:'' and inserting ``a child
adopted while under the age of 18 years if the child has been
in the legal custody of, and has resided with, the adopting
parent or parents for at least two years and the adoption was
officially initiated while the child was under the age of 16
years:''; and
(2) in subparagraph (F)--
(A) in clause (i)--
(i) by striking ``child, under the age of
sixteen at the time a petition is filed in his
behalf to accord a classification as an
immediate relative under section 201(b), who''
and inserting ``child who'';
(ii) by inserting ``while under the age of
18 years'' after ``who has been adopted
abroad''; and
(iii) by striking ``the Attorney General is
satisfied that proper care will be furnished
the child if admitted to the United States:''
and inserting ``the Secretary of Homeland
Security is satisfied that proper care will be
furnished the child if admitted to the United
States and that the adoption abroad, or the
compliance with domestic preadoption
requirements, was officially initiated while
the child was under the age of 16 years:''; and
(B) in clause (ii), by striking ``except that the
child is under the age of 18 at the time a petition is
filed in his or her behalf to accord a classification
as an immediate relative under section 201(b).'' and
inserting ``except that the Secretary of Homeland
Security shall be satisfied that the adoption abroad,
or the compliance with domestic preadoption
requirements, was officially initiated while the child
was under the age of 18 years.''.
(b) Provisions Effective Upon Entry Into Force of Convention.--
(1) In general.--Section 101(b)(1)(G) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)(1)(G)) is amended--
(A) in the matter preceding clause (i)--
(i) by striking ``child, under the age of
sixteen at the time a petition is filed on the
child's behalf to accord a classification as an
immediate relative under section 201(b), who''
and inserting ``child who''; and
(ii) by inserting ``while under the age of
18 years'' after ``who has been adopted''; and
(B) in clause (i)--
(i) in subclause (IV), by striking ``and''
at the end; and
(ii) by adding at the end the following:
``(VI) in the case of a child who--
``(aa) has been adopted, the
adoption was officially initiated while
the child was under the age of 16
years; or
``(bb) has not been adopted, the
approval described in subparagraph
(V)(aa) was officially sought while the
child was under the age of 16 years;
and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
302(a) of the Intercountry Adoption Act of 2000 (Public Law
106-279).
(c) Naturalization Purposes.--Section 101(c)(1) of the Immigration
and Nationality Act (8 U.S.C. 1101(c)(1)) is amended to read as
follows:
``(1) The term `child' means an unmarried person under 21 years of
age and includes--
``(A) a child legitimated under the law of the child's
residence or domicile, or under the law of the father's
residence or domicile, whether in the United States or
elsewhere, if such legitimation takes place before the child
reaches the age of 16 years and the child is in the legal
custody of the legitimating parent or parents at the time of
such legitimation; and
``(B) except as otherwise provided in sections 320 and 321,
a child adopted in the United States, if such adoption is
officially initiated before the child reaches the age of 16
years and the child is in the legal custody of the adopting
parent or parents at the time of such adoption.''. | Amends the Immigration and Nationality Act to allow foreign children adopted while under age 18 for whom adoption proceedings were initiated while they were under the age of 16 (currently, children adopted while under age 16) to be treated as children for immigration and naturalization purposes. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to modify the treatment of adopted children."} | 1,052 | 56 | 0.453859 | 1.024074 | 0.739086 | 1.66 | 18.84 | 0.78 |
SECTION 1. SHORT TITLE.
This subtitle may be cited as the ``Small Business Development
Centers Improvement Act of 2018''.
SEC. 2. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 47 as section 48; and
(2) by inserting after section 46 the following new
section:
``SEC. 47. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
``(a) Expanded Support for Entrepreneurs.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator shall only deliver entrepreneurial
development services, entrepreneurial education, support for
the development and maintenance of clusters, or business
training through a program authorized under--
``(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 22,
29, or 32 of this Act; or
``(B) sections 358 or 389 of the Small Business
Investment Act of 1958.
``(2) Exception.--This section shall not apply to services
provided to assist small business concerns owned by an Indian
tribe (as such term is defined in section 8(a)(13)).
``(b) Annual Report.--Beginning on the first December 1 after the
date of the enactment of this subsection, the Administrator shall
annually report to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate on all entrepreneurial development
activities undertaken in the current fiscal year through a program
described in subsection (a). Such report shall include--
``(1) a description and operating details for each program
and activity;
``(2) operating circulars, manuals, and standard operating
procedures for each program and activity;
``(3) a description of the process used to award grants
under each program and activity;
``(4) a list of all awardees, contractors, and vendors
(including organization name and location) and the amount of
awards for the current fiscal year for each program and
activity;
``(5) the amount of funding obligated for the current
fiscal year for each program and activity; and
``(6) the names and titles for those individuals
responsible for each program and activity.''.
SEC. 3. MARKETING OF SERVICES.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) No Prohibition of Marketing of Services.--The Administrator
shall not prohibit applicants receiving grants under this section from
marketing and advertising their services to individuals and small
business concerns.''.
SEC. 4. DATA COLLECTION.
(a) In General.--Section 21(a)(3)(A) of the Small Business Act (15
U.S.C. 648(a)(3)(A)) is amended--
(1) by striking ``as provided in this section and'' and
inserting ``as provided in this section,''; and
(2) by inserting before the period at the end the
following: ``, and (iv) governing data collection activities
related to applicants receiving grants under this section''.
(b) Annual Report on Data Collection.--Section 21 of the Small
Business Act (15 U.S.C. 648), as amended by section 3 of this Act, is
further amended by adding at the end the following:
``(p) Annual Report on Data Collection.--The Administrator shall
report annually to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate on any data collection activities
related to the Small Business Development Center Program.''.
(c) Working Group To Improve Data Collection.--
(1) Establishment and study.--The Administrator of the
Small Business Administration shall establish a group to be
known as the ``Data Collection Working Group'' consisting of
members from entrepreneurial development grant recipients
associations and organizations and officials from the Small
Business Administration, to carry out a study to determine the
best way to capture data collection and create or revise
existing systems dedicated to data collection.
(2) Report.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, the Data
Collection Working Group shall issue a report to the Committee
on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
containing the findings and determinations made in carrying out
the study required under paragraph (1), including--
(A) recommendations for revising existing data
collection practices; and
(B) a proposed plan for the Small Business
Administration to implement such recommendations.
SEC. 5. FEES FROM PRIVATE PARTNERSHIPS AND COSPONSORSHIPS.
Section 21(a)(3) of the Small Business Act (15 U.S.C.
648(a)(3)(C)), as amended by section 4, is further amended by adding at
the end the following:
``(D) Fees From Private Partnerships and Cosponsorships.--A small
business development center that participates in a private partnership
or cosponsorship with the Administration shall not be prohibited from
collecting fees or other income related to the operation of such a
private partnership or cosponsorship.''.
SEC. 6. EQUITY FOR SMALL BUSINESS DEVELOPMENT CENTERS.
Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act
(15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:
``(I) In general.--Of the amounts
made available in any fiscal year to
carry out this section, not more than
$600,000 may be used by the
Administration to pay expenses
enumerated in subparagraphs (B) through
(D) of section 20(a)(1).''.
SEC. 7. CONFIDENTIALITY REQUIREMENTS.
Section 21(a)(7)(A) of the Small Business Act (15 U.S.C.
648(a)(7)(A)) is amended by inserting after ``under this section'' the
following: ``to any State, local, or Federal agency, or to any third
party''.
SEC. 8. LIMITATION ON AWARD OF GRANTS TO SMALL BUSINESS DEVELOPMENT
CENTERS.
(a) In General.--Section 21 of the Small Business Act (15 U.S.C.
648), as amended by section 4, is further amended--
(1) in subsection (a)(1), by striking ``any women's
business center operating pursuant to section 29,''; and
(2) by adding at the end the following:
``(q) Limitation on Award of Grants.--Except for not-for-profit
institutions of higher education, and notwithstanding any other
provision of law, the Administrator may not award grants (including
contracts and cooperative agreements) under this section to any entity
other than those that received grants (including contracts and
cooperative agreements) under this section prior to the date of the
enactment of this subsection, and that seek to renew such grants
(including contracts and cooperative agreements) after such date.''.
(b) Rule of Construction.--The amendments made by this section may
not be construed as prohibiting a women's business center (as described
under section 29 of the Small Business Act (15 U.S.C. 656)) from
receiving a subgrant from an entity receiving a grant under section 21
of the Small Business Act (15 U.S.C. 648).
Passed the House of Representatives May 8, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Small Business Development Centers Improvement Act of 2017 This bill amends the Small Business Act with respect to the authority of the Small Business Administration (SBA) to use certain SBA programs, including the small business development center (SBDC) program, to provide grants, financial assistance, loans, export assistance, and subcontracting opportunities on federal contracts to specified small businesses, organizations, state governments, universities, companies, and other entities that assist smaller enterprises. The SBA shall use such programs only to deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training. Such program requirements shall not apply to services provided to assist small businesses owned by an Indian tribe. The SBA shall not prohibit SBDC grant recipients from marketing and advertising their services to individuals and small business concerns. The SBA shall establish a Data Collection Working Group to determine the best way to capture data collection and create or revise existing systems dedicated to data collection. The bill: (1) increases the portion of certain available funds the SBA may use to pay the expenses of the National Small Business Development Center Advisory Board, the information sharing system, and the SBDC association for conducting an SBCD accreditation program; and (2) removes a limitation on the amount the SBA may use to pay the examination expenses of the SBDC accreditation program. The SBA may not award grants (including contracts and cooperative agreements) under the SBDC program to entities other than those that received them before September 30, 2015, and seek to renew them after that date, with an exception for not-for-profit institutions of higher education. | {"src": "billsum_train", "title": "Small Business Development Centers Improvement Act of 2018"} | 1,738 | 331 | 0.598382 | 1.994756 | 0.828136 | 2.935484 | 4.803226 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Don't Track Me Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds as follows:
(1) Tracking the location of vehicles and the identities of
owners for the purpose of taxation, fines or fees has the
potential to be misused, and such collected data could be
hacked or used for privacy-invading purposes.
(2) Government and corporate websites are frequently
hacked, and driver-tracking databases may be no more
invulnerable to hacking; to the advantage of criminals,
stalkers, and identity thieves.
(3) GPS tracking enables the technology for automatic
speeding, parking and other traffic tickets, charging variable
tax rates due to the time of day or other factors, including
characterizing driving behavior from acceleration and braking
speed, evasive maneuvers such as swerving to avoid a child or
deer in the road, or driving in what the Government may believe
is a ``fuel-wasting'' manner.
(4) GPS tracking schemes may require vehicle owners to
maintain bank accounts for the debiting of resultant fees. This
may be a hardship for many low-income vehicle owners, as well
as opening new hacking vulnerabilities for bank accounts of
vehicle owners.
(5) The existing gas tax is a rare example of a user fee,
whereby vehicle owners pay for the roads they use when
purchasing fuel. The tax has successfully provided necessary
funding for many decades.
(6) There are far less intrusive ways than location-based
tracking to get electric vehicle and hybrid owners to pay for
their road usage.
(7) Vehicle owners must not be required to surrender their
Fourth Amendment rights and be tracked everywhere as a
condition of driving on public roads.
(8) Amendment IV of the United States Constitution states
``The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no warrants shall issue,
but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized.''.
(b) Purpose.--It is the purpose of this Act to prohibit the
replacement or supplementation of the Federal gasoline excise tax with
any tax or fee based upon vehicle location or distance traveled,
whether determined by global positioning satellite (GPS), license plate
reading cameras or any other method of determining owner registration
or identity information, and vehicle location or distance traveled.
SEC. 3. PROHIBITION OF A GPS, LOCATION OR MILEAGE BASED TAX.
(a) In General.--It is contrary to the public policy of the United
States to require the placement or use of any GPS, location, distance
tracking system, or any other system to collect identities of vehicle
owners by any remote means such as license plate reading cameras, radio
frequency identification (RFID) devices or by any other means.
(b) The Federal gasoline excise tax may not be replaced or
supplemented with any tax, fee or fine based upon vehicle location or
distance traveled, whether determined by global positioning satellite
(GPS), cameras that read license plates or any other method of
determining vehicle location, distance traveled or registration and
identity data.
(c) No motor vehicle may be required to have any device on board
the vehicle or to transmit data to any off board device which tracks or
records, collects, stores, transmits and location, distance, or
registration or driver identity information.
SEC. 4. LIMITATIONS ON VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE
COMMUNICATIONS.
(a) No public funds may be used to study or implement or require
the use of any method of tracking or reporting vehicle movement or
location for the purpose of taxes, user fees, traffic fines, accident
investigation, or to communicate with other vehicles or infrastructure.
(b) Vehicle-to-vehicle or vehicle-to-infrastructure communication
systems for the purposes of recording or transmitting or storing for
later retrieval location, registration, identity, or speed data are
prohibited, except for those vehicles owned or leased by Federal
Government agencies in question.
(c) Any such transmissions may only be used for momentary accident
avoidance or completely anonymized traffic reporting.
SEC. 5. ``BLACK BOX'' DATA RECORDERS.
No motor vehicle shall be required by any Federal agency to have
installed and operational any ``black box'' accident data recorder that
records any vehicle data for a period longer than the last five minutes
of vehicle operation, and such devices may never be capable of
recording audio, images, or video from inside the vehicle. Any such
device may not broadcast or transmit any data in any way, except by a
direct cable connection to a computer.
SEC. 6. VEHICLE OWNERS EXEMPTED.
No provisions of this Act shall prohibit the use by vehicle owners
of GPS or other technologies for tracking the location of their own
vehicle.
SEC. 7. REPORTING REQUIREMENT.
The Secretary of the Department of Transportation shall submit to
Congress, not later than 90 days after the date of the enactment of
this Act, a report describing the actions taken to ensure permanent
compliance with this Act. | Don't Track Me Act - Declares that it is contrary to U.S. public policy to require the placement or use of any global positioning satellite (GPS), location, or distance tracking system to collect identities of vehicle owners by remote means. Prohibits the federal gasoline excise tax from being replaced or supplemented with any tax, fee, or fine based upon vehicle location or distance traveled that is determined by GPS, license plate reading cameras, or other methods of determining vehicle location, travel distance, or registration and identity data. Prohibits motor vehicles from being required to have certain devices that track or transmit location, distance, or driver identity information. Bars public funds from being used to study, implement, or require the use of any method of tracking or reporting vehicle movement or location for the purpose of taxes, user fees, traffic fines, accident investigation, or communication with other vehicles or infrastructure. Prohibits vehicle-to-vehicle or vehicle-to-infrastructure communication systems for the purposes of recording or transmitting or storing for later retrieval location, registration, identity, or speed data. Allows such transmissions to be used only for momentary accident avoidance or anonymized traffic reporting. Bars federal agencies from requiring motor vehicles to have a "black box" accident data recorder that records vehicle data for longer than the last five minutes of vehicle operation. Prohibits such devices from: (1) recording audio, images, or video from inside the vehicle; or (2) broadcasting or transmitting any data except by a direct cable connection to a computer. | {"src": "billsum_train", "title": "Don't Track Me Act"} | 1,166 | 347 | 0.477838 | 1.62668 | 0.752984 | 5.243243 | 3.682432 | 0.925676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grandparent-Grandchild Medical Leave
Act''.
SEC. 2. ADDITIONAL LEAVE UNDER THE FMLA.
(a) Definitions.--
(1) Inclusion of grandchild and grandparents.--Section 101
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is
amended by adding at the end the following:
``(20) Grandchild.--The term `grandchild' means the son or
daughter of an employee's son or daughter.
``(21) Grandparent.--The term `grandparent' means a parent
of a parent of an employee.''.
(2) Inclusion of adult children.--Section 101(12) of such
Act (29 U.S.C. 2611(12)) is amended, by striking ``who is--''
and all that follows and inserting ``and includes an adult
child''.
(b) Leave Requirement.--Section 102 of such Act (29 U.S.C. 2612) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``or
daughter'' both places it appears and inserting
``, daughter, or grandchild'';
(ii) in subparagraph (B), by striking ``or
daughter'' and inserting ``, daughter, or
grandchild'';
(iii) in subparagraph (C), by striking ``or
parent'' both places it appears and inserting
``grandchild, parent, or grandparent''; and
(iv) in subparagraph (E), by striking ``or
parent'' and inserting ``grandchild, parent, or
grandparent'';
(B) in paragraph (2), by striking ``or daughter''
and inserting ``, daughter, or grandchild''; and
(C) in paragraph (3), by striking ``parent,'' and
inserting ``grandchild, parent, grandparent,'';
(2) in subsection (e)--
(A) in paragraph (2)(A), by striking ``parent,''
and inserting ``grandchild, parent, grandparent,'' and
(B) in paragraph (3), by striking ``or parent,''
and inserting ``grandchild, parent, or grandparent,'';
and
(3) in subsection (f)(B), by inserting ``or grandparent''
after ``parent''.
(c) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended--
(1) in subsection (a), by striking ``or parent'' and
inserting ``grandchild, parent, or grandparent'';
(2) in subsection (b)(4)(A), by striking ``or parent'' and
inserting ``grandchild, parent, or grandparent''; and
(3) in subsection (b)(7), by striking ``or spouse'' and
inserting ``grandchild, grandparent, or spouse''.
(d) Employment and Benefits Protection.--Section 104(c)(3) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is
amended--
(1) in subparagraph (A)(i), by striking ``or parent'' and
inserting ``grandchild, parent, or grandparent''; and
(2) in subparagraph (C)(ii), by striking ``or parent'' and
inserting ``grandchild, parent, or grandparent''.
SEC. 3. FEDERAL EMPLOYEES.
(a) Definitions.--
(1) Inclusion of grandparents and grandchildren.--Section
6381 of title 5, United States Code, is amended--
(A) in paragraph (11) by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(13) the term `grandchild' means the son or daughter of
an employee's son or daughter; and
``(14) the term `grandparent' means a parent of a parent of
an employee;''.
(2) Inclusion of adult children.--Section 6381(6) of such
title is amended, by striking ``who is--'' and all that follows
and inserting ``and includes an adult child''.
(b) Leave Requirement.--Section 6382 of title 5, United States
Code, is amended--
(1) in subsection (a)(1)(C), by striking ``or parent'' both
places it appears and inserting ``grandchild, parent, or
grandparent'';
(2) in subsection (a)(1)(E), by striking ``or parent'' and
inserting ``grandchild, parent, or grandparent'';
(3) in subsection (a)(3), by striking ``parent,'' and
inserting ``grandchild, parent, grandparent'';
(4) in subsection (e)(2)(A), by striking ``parent,'' and
inserting ``grandchild, parent, grandparent''; and
(5) in subsection (e)(3), by striking ``or parent,'' and
inserting ``grandchild, parent, or grandparent''.
(c) Certification.--Section 6383 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``or parent'' and
inserting ``grandchild, parent, or grandparent,''; and
(2) in subsection (b)(4)(A), by striking ``or parent'' both
places it appears and inserting ``grandchild, parent, or
grandparent''. | Grandparent-Grandchild Medical Leave Act This bill amends the Family and Medical Leave Act of 1993 and federal civil service law to entitle to leave an eligible employee, including a federal employee, to care for an adult child, grandparent, or grandchild (as well as for a spouse, child, or parent), if that person has a serious health condition. | {"src": "billsum_train", "title": "Grandparent-Grandchild Medical Leave Act"} | 1,337 | 82 | 0.540732 | 1.225637 | 0.46086 | 2.085714 | 16.114286 | 0.685714 |
OF BOUNDARY CONFLICTS, VICINITY OF MARK TWAIN
NATIONAL FOREST, BARRY AND STONE COUNTIES, MISSOURI.
(a) Definitions.--In this section:
(1) The term ``appropriate Secretary'' means the Secretary of
the Army or the Secretary of Agriculture.
(2) The term ``boundary conflict'' means the situation in which
the private claim of ownership to certain lands, based on
subsequent Federal land surveys, overlaps or conflicts with Federal
ownership of the same lands.
(3) The term ``Federal land surveys'' means any land survey
made by any agency or department of the Federal Government using
Federal employees, or by Federal contract with State-licensed
private land surveyors or corporations and businesses licensed to
provide professional land surveying services in the State of
Missouri for Table Rock Reservoir.
(4) The term ``original land surveys'' means the land surveys
made by the United States General Land Office as part of the Public
Land Survey System in the State of Missouri, and upon which
Government land patents were issued conveying the land.
(5) The term ``Public Land Survey System'' means the
rectangular system of original Government land surveys made by the
United States General Land Office and its successor, the Bureau of
Land Management, under Federal laws providing for the survey of the
public lands upon which the original land patents were issued.
(6) The term ``qualifying claimant'' means a private owner of
real property in Barry or Stone County, Missouri, who has a
boundary conflict as a result of good faith and innocent reliance
on subsequent Federal land surveys, and as a result of such
reliance, has occupied or improved Federal lands administered by
the appropriate Secretary.
(7) The term ``subsequent Federal land surveys'' means any
Federal land surveys made after the original land surveys that are
inconsistent with the Public Land Survey System.
(b) Resolution of Boundary Conflicts.--The Secretary of the Army
and the Secretary of Agriculture shall cooperatively undertake actions
to rectify boundary conflicts and landownership claims against Federal
lands resulting from subsequent Federal land surveys and correctly
reestablish the corners of the Public Land Survey System in Barry and
Stone Counties, Missouri, and shall attempt to do so in a manner which
imposes the least cost and inconvenience to affected private
landowners.
(c) Notice of Boundary Conflict.--
(1) Submission and contents.--A qualifying claimant shall
notify the appropriate Secretary in writing of a claim that a
boundary conflict exists with Federal land administered by the
appropriate Secretary. The notice shall be accompanied by the
following information, which, except as provided in subsection
(e)(2)(B), shall be provided without cost to the United States:
(A) A land survey plat and legal description of the
affected Federal lands, which are based upon a land survey
completed and certified by a Missouri State-licensed
professional land surveyor and done in conformity with the
Public Land Survey System and in compliance with the applicable
State and Federal land surveying laws.
(B) Information relating to the claim of ownership of the
Federal lands, including supporting documentation showing that
the landowner relied on a subsequent Federal land survey due to
actions by the Federal Government in making or approving
surveys for the Table Rock Reservoir.
(2) Deadline for submission.--To obtain relief under this
section, a qualifying claimant shall submit the notice and
information required by paragraph (1) within 15 years after the
date of the enactment of this Act.
(d) Resolution Authorities.--In addition to using existing
authorities, the appropriate Secretary is authorized to take any of the
following actions in order to resolve boundary conflicts with
qualifying claimants involving lands under the administrative
jurisdiction of the appropriate Secretary:
(1) Convey by quitclaim deed right, title, and interest in land
of the United States subject to a boundary conflict consistent with
the rights, title, and interest associated with the privately-owned
land from which a qualifying claimant has based a claim.
(2) Confirm Federal title to, and retain in Federal management,
any land subject to a boundary conflict, if the appropriate
Secretary determines that there are Federal interests, including
improvements, authorized uses, easements, hazardous materials, or
historical and cultural resources, on the land that necessitates
retention of the land or interests in land.
(3) Compensate the qualifying claimant for the value of the
overlapping property for which title is confirmed and retained in
Federal management pursuant to paragraph (2).
(e) Consideration and Cost.--
(1) Conveyance without consideration.--The conveyance of land
under subsection (d)(1) shall be made without consideration.
(2) Costs.--The appropriate Secretary shall--
(A) pay administrative, personnel, and any other costs
associated with the implementation of this section by his or
her Department, including the costs of survey, marking, and
monumenting property lines and corners; and
(B) reimburse the qualifying claimant for reasonable out-
of-pocket survey costs necessary to establish a claim under
this section.
(3) Valuation.--Compensation paid to a qualifying claimant
pursuant to subsection (d)(3) for land retained in Federal
ownership pursuant to subsection (d)(2) shall be valued on the
basis of the contributory value of the tract of land to the larger
adjoining private parcel and not on the basis of the land being a
separate tract. The appropriate Secretary shall not consider the
value of any Federal improvements to the land. The appropriate
Secretary shall be responsible for compensation provided as a
result of subsequent Federal land surveys conducted or commissioned
by the appropriate Secretary's Department.
(f) Preexisting Conditions; Reservations; Existing Rights and
Uses.--
(1) Preexisting conditions.--The appropriate Secretary shall
not compensate a qualifying claimant or any other person for any
preexisting condition or reduction in value of any land subject to
a boundary conflict because of any existing or outstanding permits,
use authorizations, reservations, timber removal, or other land use
or condition.
(2) Existing reservations and rights and uses.--Any conveyance
pursuant to subsection (d)(1) shall be subject to--
(A) reservations for existing public uses for roads,
utilities, and facilities; and
(B) permits, rights-of-way, contracts and any other
authorization to use the property.
(3) Treatment of land subject to special use authorization or
permit.--For any land subject to a special use authorization or
permit for access or utilities, the appropriate Secretary may
convert, at the request of the holder, such authorization to a
permanent easement prior to any conveyance pursuant to subsection
(d)(1).
(4) Future reservations.--The appropriate Secretary may reserve
rights for future public uses in a conveyance made pursuant to
subsection (d)(1) if the qualifying claimant is compensated for the
reservation in cash or in land of equal value.
(5) Hazardous substances.--The requirements of section 120(h)
of the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9620(h)) shall not apply to conveyances or
transfers of jurisdiction pursuant to subsection (d), but the
United States shall continue to be liable for the cleanup costs of
any hazardous substances on the lands so conveyed or transferred if
the contamination by hazardous substances is caused by actions of
the United States or its agents.
(g) Relation to Other Conveyance Authority.--Nothing in this
section affects the Quiet Title Act (28 U.S.C. 2409a) or other
applicable law, or affects the exchange and disposal authorities of the
Secretary of Agriculture, including the Small Tracts Act (16 U.S.C.
521c), or the exchange and disposal authorities of the Secretary of the
Army.
(h) Additional Terms and Conditions.--The appropriate Secretary may
require such additional terms and conditions in connection with a
conveyance under subsection (d)(1) as the Secretary considers
appropriate to protect the interests of the United States.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Establishes procedures for resolving the status of Federal land in Barry and Stone Counties, Missouri, claimed by private property owners based on land surveys subsequent to the Public Land Survey System land surveys upon which the original land patents were issued. Directs the Secretary of the Army and the Secretary of Agriculture to rectify boundary conflicts and landownership claims against Federal lands resulting from subsequent Federal land surveys and correctly reestablish the corners of the System in such counties and to attempt to do so in a manner that imposes the least cost and inconvenience to affected private landowners. Requires qualifying claimants to submit notice and information relating to the claim of ownership of the Federal lands to the Secretary of the Army or the Secretary of Agriculture (as appropriate) within 15 years of enactment of this Act.
Authorizes the appropriate Secretary, in addition to using existing authorities, to take any of the following actions to resolve boundary conflicts: (1) convey by quitclaim deed right, title, and interest in the disputed Federal land; (2) if there are Federal interests in such land, confirm Federal title to it and retain it in Federal management; and (3) compensate the qualifying claimant where title is confirmed and retained pursuant to item (2).
Requires conveyance of land under this Act without consideration. Requires the appropriate Secretary to pay costs (of such Secretary's Department) associated with the resolution of boundary disputes pursuant to this Act and to reimburse qualifying claimants for survey costs necessary to establish a claim. Makes the appropriate Secretary responsible for compensation provided as a result of subsequent Federal land surveys conducted or commissioned by such Secretary's Department.
Provides that the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act regarding the transfer of real property by Federal agencies which is owned by the United States and on which any hazardous substance was stored for at least a year and was known to have been released or disposed of shall not apply to conveyances or transfers of jurisdiction pursuant to this Act, but the United States shall continue to be liable for cleanup costs of any hazardous substances on the lands so conveyed or transferred if the contamination by such substances is caused by Federal actions.
Establishes rules for the treatment of preexisting conditions, existing reservations, and existing rights and uses.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to resolve the boundary conflicts in Barry and Stone Counties in the State of Missouri."} | 1,789 | 502 | 0.684063 | 2.322001 | 0.996061 | 4.305046 | 3.770642 | 0.905963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State High Risk Pool Funding
Extension Act of 2005''.
SEC. 2. EXTENSION OF FUNDING FOR ESTABLISHMENT AND OPERATION OF STATE
HIGH RISK HEALTH INSURANCE POOLS.
(a) Authorization of Appropriations.--Subsection (c) of section
2745 of the Public Health Service Act (42 U.S.C. 300gg-45) is amended
to read as follows:
``(c) Authorization of Appropriations.--
``(1) Seed grants.--For the purpose of carrying out
subsection (a), there is authorized to be appropriated
$15,000,000 for fiscal year 2005.
``(2) Operation of pools.--For the purpose of carrying out
subsection (b), there is authorized to be appropriated
$50,000,000 for each of the fiscal years 2005 through 2009.
``(3) Availability; rule of construction.--Funds
appropriated under this subsection for a fiscal year shall
remain available for obligation through the end of the
following fiscal year. Nothing in this section shall be
construed as providing a State with an entitlement to a grant
under this section.''.
(b) Change in Requirements for Qualified High Risk Pools.--
(1) Change in requirement for operational grants.--
Subsection (b) of such section is amended--
(A) in paragraph (1)(A), by inserting ``(or 200
percent in the case of a State that meets the
requirements of paragraph (3))'' after ``150 percent'';
(B) in paragraph (1)(C), by striking ``after the
end of fiscal year 2004'' and inserting ``after the end
of the last fiscal year for which a grant is provided
under this paragraph''; and
(C) by adding at the end the following new
paragraph:
``(3) Special rule for pools charging higher premiums.--In
the case of a qualified high risk pool of a State which charges
premiums that exceed 150 percent of the premium for applicable
standard risks, the State shall use at least 50 percent of the
amount of the grant provided to carry out this subsection to
reduce premiums for enrollees.''.
(2) Change in definition of qualified high risk pool.--
Subsection (d) of such section is amended to read as follows:
``(d) Definitions.--In this section:
``(1) Qualified high risk pool.--The term `qualified high
risk pool' has the meaning given such term in section
2744(c)(2), except that a State may elect to meet the
requirement of subparagraph (A) of such section (insofar as it
requires the provision of coverage to all eligible individuals)
through providing for the enrollment of eligible individuals
through an acceptable alternative mechanism (as defined for
purposes of section 2744) that includes a high risk pool as a
component.
``(2) Standard risk rate.--The term `standard risk rate'
means a rate that--
``(A) is determined under the State high risk pool
by considering the premium rates charged by other
health insurers offering health insurance coverage to
individuals in the insurance market served;
``(B) is established using reasonable actuarial
techniques; and
``(C) reflects anticipated claims experience and
expenses for the coverage involved.
``(3) State.--The term `State' means any of the 50 States
and the District of Columbia.''.
(3) Effective date.--The amendments made by this subsection
shall apply to grants for fiscal years beginning with fiscal
year 2005.
(c) Change in Allotment Formula for Operational Grants.--Subsection
(b)(2) of such section is amended--
(1) by inserting ``(before fiscal year 2005)'' after ``for
a fiscal year''; and
(2) by adding at the end the following: ``The amount
appropriated under subsection (c)(2) for a fiscal year
beginning with fiscal year 2005 (less the portion of such
amount amount made available to carry out subsection (f)) shall
be made available to the States (including entities that
operate the high risk pool under applicable State law in a
State) that qualify for a grant under subsection (b) as
follows:
``(A) An amount equal to \1/3\ of such amount shall
be allocated in equal amounts among such qualifying
States.
``(B) An amount equal to \1/3\ of such amount shall
be allocated among such States so that the amount
provided to a State bears the same ratio to such
available amount as the number of uninsured individuals
in the State bears to the total number of uninsured
individuals in all such States (as determined by the
Secretary).
``(C) An amount equal to \1/3\ of such amount shall
be allocated among such States so that the amount
provided to a State bears the same ratio to such
available amount as the number of individuals enrolled
in health care coverage through the qualified high risk
pool of the State bears to the total number of
individuals so enrolled through qualified high risk
pools in all such States (as determined by the
Secretary).''.
(d) Administrative Provisions; Annual Report.--Such section is
amended by adding at the end the following new subsection:
``(e) Administrative Provisions; Annual Report.--
``(1) Applications.--To be eligible for a grant under this
section, a State shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require.
``(2) No entitlement.--Nothing in this section shall be
construed as providing a State with an entitlement to a grant
under this section.
``(3) Annual report.--The Secretary shall submit to
Congress an annual report on grants provided under this
section. Each such report shall include information on the
distribution of such grants among the States and the use of
grant funds by States.''.
(e) Bonus Grants for Supplemental Consumer Benefits.--Such section
is further amended--
(1) in subsection (c)(2), as added by subsection (a), by
adding at the end the following: ``Of the amount appropriated
under the preceding sentence for fiscal year 2005, up to 50
percent shall be available for the purpose of carrying out
subsection (f).''; and
(2) by adding at the end the following new subsection:
``(f) Bonus Grants for Supplemental Consumer Benefits.--
``(1) In general.--In the case of each State that has
established a qualified high risk pool, the Secretary shall
provide, from the funds made available under subsection (c)(2)
to carry out this subsection, a grant to be used to provide
supplemental consumer benefits to enrollees or potential
enrollees (or defined subsets of such enrollees or potential
enrollees) in qualified high risk pools.
``(2) Benefits.--Funds provided to a State under paragraph
(1) may be used only to provide one or more of the following
benefits:
``(A) Low-income premium subsidies.
``(B) A reduction in premium trends, actual
premiums, or other cost-sharing requirements.
``(C) An expansion or broadening of the pool of
individuals eligible for coverage, such as through
eliminating waiting lists, increasing enrollment caps,
or providing flexibility in enrollment rules.
``(3) Limitation.--In no case shall the amount of a grant
under this subsection to a State, from the amount made
available under subsection (c)(2) for a fiscal year to carry
out this subsection, exceed 10 percent of the amount so made
available.
``(4) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State that, on the date of
enactment of this subsection, is in the process of implementing
programs to provide benefits of the type described in paragraph
(2), from being eligible for a grant under this subsection.
``(5) Funding.--
``(A) Availability.--Funds appropriated under this
subsection for a fiscal year shall remain available for
obligation through the end of the following fiscal
year.
``(B) Reallotment.--If, on June 30 of a fiscal year
for which funds are made available under this
subsection, the Secretary determines that the full
amounts will not be made available for grants under
this subsection, such remaining amounts shall be made
available and allotted among qualifying States under
subsection (b) for the fiscal year in accordance with
the formula under subsection (b)(2).''.
Passed the House of Representatives July 27, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | State High Risk Pool Funding Extension Act of 2005 - (Sec. 2) Amends the Public Health Service Act to reauthorize funds for grants to each state that has not created a qualified high risk pool for the state's cost to create and initially operate such a pool.
Increases the maximum allowable premium charged under a qualified high risk pool to 200% of the premium for applicable standard risk rates. Defines "standard risk rate" as a rate that: (1) is determined under the state high risk pool by considering the premiums charged by other health insurers in the same market; (2) is established using reasonable actuarial techniques; and (3) reflects anticipated claims experience and expenses.
Permits grants awarded by the Secretary of Health and Human Services to states with existing qualified high risk pools to cover operating losses to be made to entities that operate such a pool under applicable state law. Changes the allocation of such grants to give 40% to eligible states equally, 30% based on the number of uninsured individuals in a state relative to all states, and 30% based on the number of enrollees in a state's qualified high risk pool relative to all states. (Currently, all funds are allotted based solely on the number of uninsured individuals in the state.)
Requires a state which charges premiums that exceed 150% of the premium for applicable standard risk to use at least 50% of the grant amount to reduce premiums for enrollees.
Limits the maximum grant amount allotted to territories.
Requires the Secretary to award grants to states with qualified high risk pools for the provision of supplemental consumer benefits, which must include one or more of the following: (1) low-income premium subsidies; (2) a reduction in premium trends, actual premiums, or other cost-sharing requirements; (3) an expansion or broadening of the pool of individuals eligible for coverage; (4) less stringent rules or additional waiver authority with respect to coverage of preexisting conditions; (5) increased benefits; or (6) establishment of disease management programs. Limits to 10% of appropriated funds the amount that any state may be allotted.
Authorizes appropriations for FY2006-FY2010 and appropriates funds for FY 2006.
Sets forth reporting requirements.
Revises the definition of "qualified high risk pool" to allow a state to elect to meet the requirement to provide all eligible individuals with health insurance coverage by utilizing an acceptable alternative mechanism that includes a high risk pool as a component. | {"src": "billsum_train", "title": "To amend title XXVII of the Public Health Service Act to extend Federal funding for the establishment and operation of State high risk health insurance pools."} | 1,917 | 542 | 0.618113 | 1.926245 | 0.699093 | 2.650104 | 3.658385 | 0.848861 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guardsmen and Reservist Employer Tax
Act of 2003''.
SEC. 2. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT.
``(a) General Rule.--For purposes of section 38, the reserve
component employment credit determined under this section is an amount
equal to the sum of--
``(1) the employment credit with respect to all qualified
employees of the taxpayer, plus
``(2) the self-employment credit of a qualified self-
employed taxpayer.
``(b) Employment Credit.--For purposes of this section--
``(1) In general.--The employment credit with respect to a
qualified employee of the taxpayer for any taxable year is
equal to the excess, if any, of--
``(A) the qualified employee's average daily
qualified compensation for the taxable year, over
``(B) the average daily military pay and allowances
received by the qualified employee during the taxable
year,
while participating in qualified reserve component duty to the
exclusion of the qualified employee's normal employment duties
for the number of days the qualified employee participates in
qualified reserve component duty during the taxable year,
including time spent in a travel status. The employment credit,
with respect to all qualified employees, is equal to the sum of
the employment credits for each qualified employee under this
subsection.
``(2) Average daily qualified compensation and average
daily military pay and allowances.--As used with respect to a
qualified employee--
``(A) the term `average daily qualified
compensation' means the qualified compensation of the
qualified employee for the taxable year divided by the
difference between--
``(i) 365, and
``(ii) the number of days the qualified
employee participates in qualified reserve
component duty during the taxable year,
including time spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the qualified
employee during the taxable year as military
pay and allowances on account of the qualified
employee's participation in qualified reserve
component duty, divided by
``(ii) the total number of days the
qualified employee participates in qualified
reserve component duty, including time spent in
travel status.
``(3) Qualified compensation.--When used with respect to
the compensation paid or that would have been paid to a
qualified employee for any period during which the qualified
employee participates in qualified reserve component duty, the
term `qualified compensation' means--
``(A) compensation which is normally contingent on
the qualified employee's presence for work and which
would be deductible from the taxpayer's gross income
under section 162(a)(1) if the qualified employee were
present and receiving such compensation,
``(B) compensation which is not characterized by
the taxpayer as vacation or holiday pay, or as sick
leave or pay, or as any other form of pay for a
nonspecific leave of absence, and with respect to which
the number of days the qualified employee participates
in qualified reserve component duty does not result in
any reduction in the amount of vacation time, sick
leave, or other nonspecific leave previously credited
to or earned by the qualified employee, and
``(C) group health plan costs (if any) with respect
to the qualified employee.
``(4) Qualified employee.--The term `qualified employee'
means a person who--
``(A) has been an employee of the taxpayer for the
21-day period immediately preceding the period during
which the employee participates in qualified reserve
component duty, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States as
defined in sections 10142 and 10101 of title 10, United
States Code.
``(c) Self-Employment Credit.--
``(1) In general.--The self-employment credit of a
qualified self-employed taxpayer for any taxable year is equal
to the excess, if any, of--
``(A) the self-employed taxpayer's average daily
self-employment income for the taxable year over, and
``(B) the average daily military pay and allowances
received by the taxpayer during the taxable year, while
participating in qualified reserve component duty to
the exclusion of the taxpayer's normal self-employment
duties for the number of days the taxpayer participates
in qualified reserve component duty during the taxable
year, including time spent in a travel status.
``(2) Average daily self-employment income and average
daily military pay and allowances.--As used with respect to a
self-employed taxpayer--
``(A) the term `average daily self-employment
income' means the self-employment income (as defined in
section 1402) of the taxpayer for the taxable year plus
the amount paid for insurance which constitutes medical
care for the taxpayer for such year (within the meaning
of section 162(l)) divided by the difference between--
``(i) 365, and
``(ii) the number of days the taxpayer
participates in qualified reserve component
duty during the taxable year, including time
spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the taxpayer
during the taxable year as military pay and
allowances on account of the taxpayer's
participation in qualified reserve component
duty, divided by
``(ii) the total number of days the
taxpayer participates in qualified reserve
component duty, including time spent in travel
status.
``(3) Qualified self-employed taxpayer.--The term
`qualified self-employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as
defined in section 1402) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States.
``(d) Credit in Addition to Deduction.--The employment credit
provided in this section is in addition to any deduction otherwise
allowable with respect to compensation actually paid to a qualified
employee during any period the qualified employee participates in
qualified reserve component duty to the exclusion of normal employment
duties.
``(e) Limitations.--
``(1) Maximum credit.--
``(A) In general.--The credit allowed by subsection
(a) for the taxable year shall not exceed $25,000 with
respect to each qualified employee.
``(B) Controlled groups.--For purposes of applying
the limitation in subparagraph (A)--
``(i) all members of a controlled group
shall be treated as one taxpayer, and
``(ii) such limitations shall be allocated
among the members of such group in such manner
as the Secretary may prescribe.
For purposes of this subparagraph, all persons treated
as a single employer under subsection (a) or (b) of
section 52 or subsection (m) or (o) of section 414
shall be treated as members of a controlled group.
``(2) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of the
armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
``(A) any taxable year in which the taxpayer is
under a final order, judgment, or other process issued
or required by a district court of the United States
under section 4323 of title 38 of the United States
Code with respect to a violation of chapter 43 of such
title, and
``(B) the 2 succeeding taxable years.
``(3) Disallowance with respect to persons ordered to
active duty for training.--No credit shall be allowed under
subsection (a) to a taxpayer with respect to any period for
which the person on whose behalf the credit would otherwise be
allowable is called or ordered to active duty for any of the
following types of duty:
``(A) active duty for training under any provision
of title 10, United States Code,
``(B) training at encampments, maneuvers, outdoor
target practice, or other exercises under chapter 5 of
title 32, United States Code, or
``(C) full-time National Guard duty, as defined in
section 101(d)(5) of title 10, United States Code.
``(f) General Definitions and Special Rules.--
``(1) Military pay and allowances.--The term `military pay'
means pay as that term is defined in section 101(21) of title
37, United States Code, and the term `allowances' means the
allowances payable to a member of the Armed Forces of the
United States under chapter 7 of that title.
``(2) Qualified reserve component duty.--The term
`qualified reserve component duty' includes only active duty
performed, as designated in the reservist's military orders, in
support of a contingency operation as defined in section
101(a)(13) of title 10, United States Code.
``(3) Normal employment and self-employment duties.--A
person shall be deemed to be participating in qualified reserve
component duty to the exclusion of normal employment or self-
employment duties if the person does not engage in or undertake
any substantial activity related to the person's normal
employment or self-employment duties while participating in
qualified reserve component duty unless in an authorized leave
status or other authorized absence from military duties. If a
person engages in or undertakes any substantial activity
related to the person's normal employment or self-employment
duties at any time while participating in a period of qualified
reserve component duty, unless during a period of authorized
leave or other authorized absence from military duties, the
person shall be deemed to have engaged in or undertaken such
activity for the entire period of qualified reserve component
duty.
``(4) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.''.
(b) Conforming Amendment.--Section 38(b) (relating to general
business credit) is amended--
(1) by striking ``plus'' at the end of paragraph (14),
(2) by striking the period at the end of paragraph (15) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(16) the reserve component employment credit determined
under section 45G(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by inserting after the
item relating to section 45F the following new item:
`` 45G. Reserve component employment credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Guardsmen and Reservist Employer Tax Act of 2003 - Amends the Internal Revenue Code to provide a reserve component employment credit equal to the sum of the employment credit with respect to all qualified employees of the taxpayer and the self-employment credit of a qualified self-employed taxpayer. Limits the credit to $25,000 for each qualified employee. Disallows the credit for failure to comply with reserve member employment or reemployment rights, or when a reserve member is called or ordered to active duty for training. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who participate in the military reserve components and to allow a comparable credit for participating reserve component self-employed individuals."} | 2,462 | 110 | 0.620564 | 1.492912 | 0.505845 | 4.086022 | 25.021505 | 0.946237 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Prevention Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The States should recognize that the terms ``acquired
immune deficiency syndrome'' and ``AIDS'' are obsolete. In the
case of individuals who are infected with the human
immunodeficiency virus (commonly known as HIV), the more
important medical fact for the individuals and for the
protection of the public health is the fact of infection, and
not just the later development of AIDS (the stage at which the
infection causes symptoms). The term ``HIV disease'', meaning
infection with HIV regardless of whether the infection has
progressed to AIDS, more correctly defines the medical
condition.
(2) The medical, public health, political, and community
leadership must focus on the full course of HIV disease rather
than concentrating on later stages of the disease. Continual
focus on AIDS rather than the entire spectrum of HIV disease
has left our Nation unable to deal adequately with the
epidemic. Federal and State data collection efforts should
focus on obtaining data as early as possible after infection
occurs, while continuing to collect data on the symptomatic
stage of the disease.
(3) Recent medical breakthroughs may enable doctors to
treat HIV disease as a chronic disease rather than as a
terminal disease. Early intervention in the progression of the
infection is imperative to prolonging and improving the lives
of individuals with the disease.
(4) The Centers for Disease Control and Prevention has
recommended partner notification as a primary prevention
service. The health needs of the general public, and the care
and protection of those who do not have the disease, should be
balanced with the needs of individuals with the disease in a
manner that allows for the infected individuals to receive
optimal medical care and for public health services to protect
the uninfected.
(5) Individuals with HIV disease have an obligation to
protect others from being exposed to HIV by avoiding behaviors
that place others at risk of becoming infected. The States
should have in effect laws providing that intentionally
infecting others with HIV is a felony.
SEC. 3. ESTABLISHMENT OF HIV-RELATED REQUIREMENTS IN MEDICAID PROGRAM.
(a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended--
(1) in section 1902(a)--
(A) in paragraph (61), by striking ``and'' after
the semicolon at the end;
(B) in paragraph (62), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (62) the following
paragraph:
``(63) meet the requirements of section 1930A (relating to
the prevention of the transmission of the human
immunodeficiency virus, commonly known as HIV).''; and
(2) by inserting after section 1930 the following section:
``prevention of transmission of hiv
``Sec. 1930A. (a) For purposes of section 1902(a)(63), a State plan
meets the requirements of this section if the plan demonstrates to the
satisfaction of the Secretary that the law or regulations of the State
are in accordance with the following:
``(1) The State requires that, in the case of a health
professional or other entity that provides for the performance
of a test for HIV on an individual, the entity confidentially
report positive test results to the State public health
officer, together with any additional necessary information, in
order to carry out the following purposes:
``(A) The performance of statistical and
epidemiological analyses of the incidence in the State
of cases of such disease.
``(B) The performance of statistical and
epidemiological analyses of the demographic
characteristics of the population of individuals in the
State who have the disease.
``(C) The assessment of the adequacy of preventive
services in the State with respect to the disease.
``(D) The performance of the functions required in
paragraph (2).
``(2)(A) The State requires that the public health officer
of the State carry out a program of partner notification to
inform individuals that the individuals may have been exposed
to HIV. For purposes of this paragraph, the term `partner'
includes the sexual partners of individuals with HIV disease;
the partners of such individuals in the sharing of hypodermic
needles for the intravenous injection of drugs; and the
partners of such individuals in the sharing of any drug-related
paraphernalia determined by the Secretary to place such
partners at risk of HIV infection.
``(B) The State requires that any information collected for
purposes of partner notification be sufficient for the
following purposes:
``(i) To provide the partners of the
individual with HIV disease with an appropriate
opportunity to learn that the partners have
been exposed to HIV.
``(ii) To provide the partners with
counseling and testing for HIV disease.
``(iii) To provide the individual who has
the disease with information regarding
therapeutic measures for preventing and
treating the deterioration of the immune system
and conditions arising from the disease, and to
provide the individual with other preventive
information.
``(iv) With respect to an individual who
undergoes testing for HIV disease but does not
seek the results of the testing, and who has
positive test results for the disease, to
recall and provide the individual with
counseling, therapeutic information, and other
information regarding preventative health services appropriate for the
individual.
``(C) The State cooperates with the Director of the Centers
for Disease Control and Prevention in carrying out a national
program of partner notification, including the sharing of
information between the public health officers of the States.
``(3) With respect to a defendant against whom an
information or indictment is presented for a crime in which by
force or threat of force the perpetrator compels the victim to
engage in sexual activity, the State requires as follows:
``(A) That the defendant be tested for HIV disease
if--
``(i) the nature of the alleged crime is
such that the sexual activity would have placed
the victim at risk of becoming infected with
HIV; or
``(ii) the victim requests that the
defendant be so tested.
``(B) That if the conditions specified in
subparagraph (A) are met, the defendant undergo the
test not later than 48 hours after the date on which
the information or indictment is presented, and that as
soon thereafter as is practicable the results of the
test be made available to the victim; the defendant (or
if the defendant is a minor, to the legal guardian of
the defendant); the attorneys of the victim; the
attorneys of the defendant; the prosecuting attorneys;
the judge presiding at the trial, if any; and the
principal public health official for the local
governmental jurisdiction in which the crime is alleged
to have occurred.
``(C) That if the defendant has been tested
pursuant to subparagraph (B), the defendant, upon
request of the victim, undergo such follow-up tests for
HIV as may be medically appropriate, and that as soon
as is practicable after each such test the results of
the test be made available in accordance with
subparagraph (B) (except that this subparagraph applies
only to the extent that the individual involved
continues to be a defendant in the judicial proceedings
involved, or is convicted in the proceedings).
``(D) That, if the results of a test conducted
pursuant to subparagraph (B) or (C) indicate that the
defendant has HIV disease, such fact may, as relevant,
be considered in the judicial proceedings conducted
with respect to the alleged crime.
``(4)(A) With respect to a patient who is to undergo a
medical procedure that would place the health professionals
involved at risk of becoming infected with HIV, the State--
``(i) authorizes such health professionals in their
discretion to provide that the procedure will not be
performed unless the patient undergoes a test for HIV
disease and the health professionals are notified of
the results of the test; and
``(ii) requires that, if such test is performed and
the patient has positive test results, the patient be
informed of the results.
``(B) The State authorizes funeral-services practitioners
in their discretion to provide that funeral procedures will not
be performed unless the body involved undergoes a test for HIV
disease and the practitioners are notified of the results of
the test.
``(5) The State requires that, if a health care entity
(including a hospital) transfers a body to a funeral-services
practitioner and such entity knows that the body is infected
with HIV, the entity notify the funeral-services practitioner of such
fact.
``(6) The State requires that, if a health insurance issuer
requires an applicant for such insurance to be tested for HIV
disease as a condition of issuing such insurance, the applicant
be afforded an opportunity by the health insurance issuer to be
informed, upon request, of the HIV status of the applicant. For
purposes of this paragraph, the term `health insurance issuer'
means an insurance company, insurance service, or insurance
organization (including a health maintenance organization)
which is licensed to engage in the business of insurance in the
State and which is subject to State law which regulates
insurance. This paragraph may not be construed as affecting the
provisions of section 514 of the Employee Retirement Income
Security Act of 1974 with respect to group health plans.
``(7) The State requires that, if an adoption agency is
giving significant consideration to approving an individual as
an adoptive parent of a child and the agency knows whether the
child has HIV disease, such prospective adoptive parent be
afforded an opportunity by the agency to be informed, upon
request, of the HIV status of the child.
``(b) For purposes of this section, the term `HIV' means the human
immunodeficiency virus; and the term `HIV disease' means infection with
HIV and includes any condition arising from such infection.''.
(b) Sense of Congress Regarding Health Professionals With HIV
Disease.--It is the sense of the Congress that, with respect to health
professionals who have HIV disease--
(1) the health professionals should notify their patients
that the health professionals have the disease in medical
circumstances that place the patients at risk of being infected
with HIV by the health professionals; and
(2) the States should encourage the medical profession to
develop guidelines to assist the health professionals in so
notifying patients.
(c) Applicability of Requirements.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) applies upon the expiration of
the 120-day period beginning on the date of the enactment of
this Act.
(2) Delayed applicability for certain states.--In the case
of the State involved, if the Secretary determines that a
requirement established by the amendment made by subsection (a)
cannot be implemented in the State without the enactment of
State legislation, then such requirement applies to the State
on and after the first day of the first calendar quarter that
begins after the close of the first regular session of the
State legislature that begins after the date of the enactment
of this Act. For purposes of the preceding sentence, in the
case of a State that has a 2-year legislative session, each
year of such session is deemed to be a separate regular session
of the State legislature.
(d) Rule of Construction.--Part D of title XXVI of the Public
Health Service Act (42 U.S.C. 300ff-71 et seq.) is amended by inserting
after section 2675 the following section:
``SEC. 2675A. RULE OF CONSTRUCTION.
``With respect to an entity that is an applicant for or a recipient
of financial assistance under this title, compliance by the entity with
any State law or regulation that is consistent with section 1930A of
the Social Security Act may not be considered to constitute a violation
of any condition under this title for the receipt of such
assistance.''.
SEC. 4. SENSE OF CONGRESS REGARDING INTENTIONAL TRANSMISSION OF HIV.
It is the sense of the Congress that the States should have in
effect laws providing that, in the case of an individual who knows that
he or she has HIV disease, it is a felony for the individual to infect
another with HIV if the individual engages in the behaviors involved
with the intent of so infecting the other individual.
SEC. 5. SENSE OF CONGRESS REGARDING CONFIDENTIALITY.
It is the sense of the Congress that strict confidentiality should
be maintained in carrying out the provisions of section 1930A of the
Social Security Act (as added by section 3(a) of this Act). | HIV Prevention Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to add certain requirements relating to prevention of the transmission of the HIV virus which State Medicaid plans must incorporate in order to receive Federal approval.
Includes among such requirements: (1) mandatory confidential reporting of HIV positive results by the health professional or other entity performing HIV tests to the State public health officer; (2) informing of individuals who may have been exposed to HIV by the public health officer of the State (partner notification); (3) mandatory HIV testing of alleged rapists for which victims and their attorneys are notified of the results, with appropriate follow up tests upon the request of the victim; (4) subjection to mandatory HIV testing of prospective patients who are to undergo a medical procedure that would place the health professionals involved at risk of becoming infected with HIV, with the health professionals notified of the results; (5) affording applicants for health insurance who are required by the health insurance issuer to undergo HIV testing as a condition of issuance the opportunity to be informed by the issuer, upon request, of the applicant's HIV status; and (6) affording prospective adoptive parents the opportunity to be informed by the adoption agency, upon request, of the HIV status of the child which they wish to adopt.
Expresses the sense of the Congress that with respect to health professionals with HIV disease: (1) the health professionals should notify their patients that they have the disease in medical circumstances that place the patients at risk of being infected with HIV by the health professionals; and (2) the States should encourage the medical profession to develop guidelines to assist the health professionals in so notifying patients.
Expresses the sense of the Congress that: (1) States should have in effect laws providing that, in the case of an individual who knows that he or she has HIV disease, it is a felony for the individual to infect another with HIV if the individual engages in the behaviors involved with the intent of so infecting the other individual; and (2) strict confidentiality should be maintained in carrying out the requirements of this Act. | {"src": "billsum_train", "title": "HIV Prevention Act of 1997"} | 2,803 | 438 | 0.598603 | 1.924739 | 0.675401 | 5.133652 | 6.412888 | 0.928401 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Consumer Phone
Record Security Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Fraud and related activity in connection with obtaining
customer proprietary network information.
Sec. 3. Enforcement by Federal Trade Commission.
Sec. 4. Concurrent enforcement by Federal Communications Commission.
Sec. 5. Enforcement by States.
Sec. 6. Consumer redress.
Sec. 7. Protection of customer proprietary network information.
SEC. 2. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH OBTAINING
CUSTOMER PROPRIETARY NETWORK INFORMATION.
(a) Unauthorized Access or Use of CPNI.--It is unlawful for any
person--
(1) to obtain, or attempt to obtain, an individual's
customer proprietary network information without authorization
from the individual to whom the information relates by--
(A) making false or fraudulent statements or
representations to an employee or customer of a
telecommunications carrier;
(B) providing false documentation to a
telecommunications carrier; or
(C) accessing customer accounts of a
telecommunications carrier via the Internet; or
(2) to cause, or attempt to cause, an individual's customer
proprietary network information to be disclosed to any other
person without authorization from the individual to whom the
information relates.
(b) Unauthorized Sale of Customer Proprietary Network
Information.--Except as otherwise authorized by law, it is unlawful for
any person to sell, or offer for sale, customer proprietary network
information without affirmative written authorization from the
individual to whom the information relates.
(c) Solicitation To Obtain Customer Proprietary Network
Information.--It is unlawful for any person to request that another
person obtain customer proprietary network information from a
telecommunications carrier, knowing that the other person will obtain
the information from the telecommunications carrier in any manner that
is unlawful under subsection (a).
(d) Law Enforcement Exception.--Nothing in this section prohibits a
law enforcement officer from obtaining customer proprietary network
information from a telecommunications carrier if--
(1) the officer, employee, or agent is acting within his or
her scope of employment;
(2) the officer, employee, or agent is authorized by law to
obtain the information; and
(3) the information may lawfully be disclosed to the
officer pursuant to court order or other legal authority.
(e) Definitions.--In this section:
(1) Customer proprietary network information.--The term
``customer proprietary network information'' has the meaning
given that term in section 222(i)(1) of the Communications Act
of 1934 (47 U.S.C. 222(i)(1))).
(2) Law enforcement officer.--The term ``law enforcement
officer'' has the meaning given that term in section 232(7) of
title 18, United States Code.
(3) Telecommunications carrier.--The term
``telecommunications carrier'' has the meaning given that term
in section 222(i)(8) of the Communications Act of 1947 (47
U.S.C. 222(i)(8)).
SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) In General.--Except as provided in sections 4, 5, and 6 of this
Act, this Act shall be enforced by the Federal Trade Commission.
(b) Violation Treated as an Unfair or Deceptive Act or Practice.--
Violation of section 2 shall be treated as an unfair or deceptive act
or practice proscribed under a rule issued under section 18(a)(1)(B) of
the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(c) Actions by the Commission.--The Commission shall prevent any
person from violating this Act in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any person that violates section 2 is subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this Act.
(d) Additional Penalty.--In addition to any other penalty
prescribed by law--
(1) a civil penalty of not more than $11,000 shall be
imposed for each violation of section 2 of this Act; and
(2) a violation of section 2 of this Act with respect to
the customer network proprietary information of an individual
shall be treated as a separate violation from a violation of
section 2 of this Act with respect to the customer network
proprietary information of any other individual.
SEC. 4. CONCURRENT ENFORCEMENT BY FEDERAL COMMUNICATIONS COMMISSION.
The Federal Communications Commission shall enforce section 2. For
purposes of enforcement of that section by the Commission, a violation
of that section is deemed to be a violation of a provision of the
Communications Act of 1934 (47 U.S.C. 151 et seq.) rather than a
violation of the Federal Trade Commission Act.
SEC. 5. ENFORCEMENT BY STATES.
(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce section 2 or to impose the civil penalties
authorized by section 3, whenever the chief legal officer of the State
has reason to believe that the interests of the residents of the State
have been or are being threatened or adversely affected by a violation
of this Act or a regulation under this Act.
(b) Notice.--The State shall serve written notice on the Federal
Trade Commission and the Federal Communications Commission of any civil
action under subsection (a) prior to initiating such civil action. The
notice shall include a copy of the complaint to be filed to initiate
such civil action, except that if it is not feasible for the State to
provide such prior notice, the State shall provide such notice
immediately upon instituting such civil action.
(c) Authority To Intervene.--Upon receiving the notice required by
subsection (b), either Commission may intervene in such civil action
and upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the chief legal
officer of a State from exercising the powers conferred on that officer
by the laws of such State to conduct investigations or to administer
oaths or affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
(e) Venue; Service of Process.--
(1) Venue.--An action brought under subsection (a) shall be
brought in a district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a)--
(A) process may be served without regard to the
territorial limits of the district or of the State in
which the action is instituted; and
(B) a person who participated in an alleged
violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
SEC. 6. CONSUMER REDRESS.
(a) In General.--An individual whose customer proprietary network
information has been obtained, used, or sold in violation of section 2
may file a civil action in any court of competent jurisdiction against
the person who committed the violation.
(b) Remedies.--A court in which such a civil action has been
brought may--
(1) impose a civil penalty of not more than $11,000 for
each violation of this Act with respect to the plaintiff's
customer proprietary network information; and
(2) provide such additional relief as the court deems
appropriate, including the award of court costs, investigative
costs, and reasonable attorney's fees.
(c) Limitation.--Nothing in this section authorizes an individual
to bring a civil action against a telecommunications carrier (as
defined in section 222(i)(8) of the Communications Act of 1947 (47
U.S.C. 222(i)(8))).
SEC. 7. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION.
(a) In General.--Section 222 of the Communications Act of 1934 (47
U.S.C. 222) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h) Protection of Customer Proprietary Network Information.--
``(1) In general.--A telecommunications carrier shall--
``(A) implement a system by which the carrier can
determine whether an individual has authorized access
to, or the release of, an individual's customer
proprietary network information before it is made
available to third parties;
``(B) ensure that personnel with access to customer
proprietary network information are trained as to when
they are and are not authorized to use customer
proprietary network information and have a disciplinary
process in effect for disciplining personnel for misuse
of customer proprietary network information;
``(C) maintain for at least 1 year a record of any
sales or marketing campaign conducted by carrier or its
affiliates that uses customer proprietary network
information;
``(D) maintain for at least 1 year a record of each
instance in which customer proprietary network
information was disclosed or provided to the customer
or third parties, or where third parties were allowed
access to customer proprietary network information, in
the sales or marketing campaign that includes--
``(i) a description of the sales or
marketing campaign in which the information was
used;
``(ii) the specific customer proprietary
network information that was used in the
campaign; and
``(iii) a description of the products and
services that were offered as a part of the
campaign;
``(E) establish a supervisory review process
regarding compliance with this subsection for outbound
marketing situations and maintain for at least 1 year a
record of its compliance;
``(F) require an officer or agent of the carrier to
sign a compliance certificate on an annual basis
stating that the officer or agent has personal
knowledge that the carrier has established operating
procedures that are adequate to ensure compliance with
this subsection; and
``(G) submit to the Commission annually--
``(i) a copy of the certificate required by
subparagraph (F); and
``(ii) a plan that reflects its compliance
with the requirements of this subsection.
``(2) Annual FCC Reports.--The Commission shall transmit a
report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce annually on the compliance of
telecommunications carriers with the requirements of this
subsection.''.
(b) Definitions.--Section 222(i) of the Communications Act of 1934
(as redesignated by subsection (a)) is amended by adding at the end the
following:
``(8) Telecommunications carrier.--The term
`telecommunications carrier'--
``(A) has the meaning given that term by section
3(44); but
``(B) includes a provider of IP-enabled voice
service.
``(9) IP-enabled voice service.--The term `IP-enabled voice
service' means the provision of real-time 2-way voice
communications offered to the public, or such classes of users
as to be effectively available to the public, transmitted
through customer premises equipment using TCP/IP protocol, or a
successor protocol, for a fee (whether part of a bundle of
services or separately) with 2-way interconnection capability
such that the service can originate traffic to, and terminate
traffic from, the public switched telephone network.''.
(c) Regulations.--Within 90 days after the date of enactment of
this Act, the Federal Communications Commission shall promulgate such
regulations as may be necessary to implement section 222(i)(8) of the
Communications Act of 1934 (47 U.S.C. 222(i)(8)), as added by
subsection (b) of this section, including the application of section
222 of that Act with the expanded definition of telecommunications
carrier. | Consumer Phone Record Security Act of 2006 - Makes it unlawful for a person to: (1) obtain, or attempt to obtain, through fraud an individual's customer proprietary network information (CPNI), or cause, or attempt to cause, such individual's CPNI to be disclosed to another person without that person's authorization; (2) sell, or offer for sale, a person's CPNI without their authorization; or (3) request another person to obtain a person's CPNI from a telecommunications carrier without proper authorization (with an exception authorizing a law enforcement official to obtain a person's CPNI provided certain conditions are met).
Requires enforcement of the requirements of this Act by the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the states. Authorizes a person whose CPNI has been obtained, used, or sold in violation of the requirements of this Act to file an action for civil relief against the violator in the appropriate court.
Amends the Communications Act of 1934 to require telecommunications carriers to implement certain measures to protect a person's CPNI. | {"src": "billsum_train", "title": "A bill to provide enhanced consumer protection from unauthorized sales and use of confidential telephone information by amending the Communications Act of 1934, prohibiting certain practices, and providing for enforcement by the Federal Trade Commission and States, and for other purposes."} | 2,808 | 248 | 0.597435 | 1.786203 | 0.843439 | 3.014218 | 11.995261 | 0.890995 |
SECTION 1. EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
(a) Uses of Funds.--Subsection (a) of section 1054 of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by inserting ``, including teenage parents, obtain
educational skills and'' after ``help parents'';
(2) by redesignating paragraphs (6) and (7) as (7) and (8),
respectively; and
(3) by inserting after paragraph (5) the following:
``(6) the provision that whenever feasible, data regarding
the number, age, sex, race, and ethnicity of participants is
collected;''.
(b) Eligible Participants.--Section 1055 of the Elementary and
Secondary Education Act of 1965 is amended--
(1) in paragraph (1), by striking ``and'';
(2) in paragraph (2), by striking the period and inserting
``; and''; and by adding at the end the following:
``(3) pregnant teenagers, teenage parents, and the children
of such teenagers.''.
(c) Applications.--Paragraph (5) of section 1056(c) is amended--
(1) by striking ``and'' after ``proficiency'' and inserting
a comma; and
(2) by inserting ``and teenage parents'' after
``handicaps''.
SEC. 2. SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND
DROPOUT PREVENTION AND REENTRY.
(a) Allocation.--Subsection (c) of section 1102 of the Elementary
and Secondary Education Act of 1965 is amended by adding at the end of
paragraph (2) the following:
``(3) Each State educational agency shall allocate not less
than 25 percent of the funds available to local educational
agencies in the State to dropout prevention and reentry
programs which--
``(A) are specifically designed to serve pregnant
teenagers and teenage parents; or
``(B) include services or the coordination of
services for pregnant teenagers and teenage parents.''.
(b) Uses of Funds.--Subsection (c) of section 1103 of the
Elementary and Secondary Education Act of 1965 is amended in paragraph
(4), by inserting ``sex, race or ethnicity,'' after ``number, ages,''.
(c) Applications.--Subsection (b) of section 1104 of the Elementary
and Secondary Education Act of 1965 is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (10), (11), (12), and (13), respectively;
(2) by inserting after paragraph (7) the following:
``(8) assure that set-aside programs for pregnant teenagers
and teenage parents provide, either directly or in conjunction
with other programs, academic skills training, parenting and
child development classes, onsite child care or transportation
to a nearby facility, and an outreach program to reach such
teenagers;
``(9) assure that whenever practicable, the set-aside
programs for pregnant teenagers and teenage parents include the
provision for health care, job training, other support services
such as transportation, life skills training, mentor support,
counseling services, scheduling flexibility, and referrals for
community resources;''.
SEC. 3. LOCAL TARGETED ASSISTANCE PROGRAMS.
Paragraph (1) of section 1531(b) of the Elementary and Secondary
Education Act of 1965 is amended by inserting ``, pregnant teenagers
and teenage parents'' after ``dropping out''.
SEC. 4. STATE AND LOCAL PLANS.
(a) State Plans.--Subparagraph (C) of section 5122(b)(2) of the
Elementary and Secondary Education Act of 1965 is amended by inserting
``or is a parent'' after ``pregnant''.
(b) Local Drug Abuse Education and Prevention Programs.--Subsection
(a) of section 5125 of the Elementary and Secondary Education Act of
1965 is amended--
(1) by redesignating paragraphs (15) and (16) as (16) and
(17), respectively; and
(2) inserting after paragraph (14) the following:
``(15) programs that address the special needs of pregnant
teenagers and teenage parents;''.
SEC. 5. ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROGRAMS.
(a) Grants to Local Educational Agencies.--Section 6004 of the
Elementary and Secondary Education Act of 1965 is amended--
(1) by redesignating subsections (b) through (f) as (c)
through (g), respectively; and
(2) by inserting after subsection (a) the following:
``(b) In addition to the allocation requirements of subsection (a),
the Secretary shall ensure that not less than 25 percent of the total
funds available are used to develop programs specifically designed to
serve pregnant teenagers or teenage parents.''.
(b) Application.--Subparagraph (A) of section 6005(b)(1) of the
Elementary and Secondary Education Act of 1965 is amended by inserting
``, and if practicable, the age, sex, race and ethnicity'' after
``number''.
(c) Reports.--Subsection (a) of section 6008 of the Elementary and
Secondary Education Act of 1965 is amended by inserting ``age, sex,''
after ``school students by''.
SEC. 6. ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT.
Section 6106 of the Elementary and Secondary Education Act of 1965
is amended--
(1) by redesignating paragraphs (8), (9), and (10) as
paragraphs (10), (11), and (12) respectively;
(2) by inserting after paragraph (7) the following:
``(8) an assurance that set-aside programs for pregnant
teenagers and teenage parents provide, either directly or in
conjunction with other programs, academic skills training,
parenting and child development classes, onsite child care or
transportation to a nearby facility, and an outreach program to
reach such teenagers;
``(9) an assurance that whenever practicable, the set-aside
programs for pregnant teenagers and teenage parents include the
provision for health care, job training, other support services
such as transportation, life skills training, mentor support,
counseling services, scheduling flexibility, and referrals for
community resources;''. | Amends the Elementary and Secondary Education Act of 1965 to specify requirements with respect to pregnant teenagers, teenage parents, and the children of such teenagers for: (1) Even Start programs; (2) secondary school programs for basic skills improvement and dropout prevention and reentry; (3) local targeted assistance programs; (4) State and local drug abuse education and prevention programs; (5) assistance to address school dropout problems; and (6) assistance to provide basic skills improvement. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to ensure that needs of pregnant and parenting teenagers are addressed by the education system, and for other purposes."} | 1,407 | 95 | 0.636105 | 1.591343 | 0.890544 | 4.589474 | 13.631579 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission To Ensure Small
Aircraft Safety Act of 1993''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) Small aircraft safety is a serious national concern.
(2) The Federal Government's resources must be utilized to
ensure the safety of small aircraft travel.
(3) On at least three separate occasions, the National
Transportation Safety Board contacted the Federal Aviation
Administration regarding the Hartzell HC-B4 propeller assembly
featured on Mitsubishi MU-2 aircraft.
(4) The National Transportation Safety Board urged the
Federal Aviation Administration to conduct full fleet
inspections of Hartzell propeller assemblies as a result of an
accident near Utica, New York.
(5) The Federal Aviation Administration concluded that a
special investigation was not warranted.
(6) The National Transportation Safety Board found the
Federal Aviation Administration's responses unacceptable.
(7) The National Transportation Safety Board has no other
authority to pursue its recommendations other than to report to
the Federal Aviation Administration.
(8) Small aircraft safety investigatory practices and
procedures should be examined.
(9) Federal Government resources are not utilized
effectively when there is no mechanism or procedure to resolve
disagreements among Federal agencies over questions of small
aircraft safety.
(10) Procedures are necessary to resolve Federal agency
disagreements over aircraft safety.
(11) Alleviating Government gridlock among Federal entities
responsible for the safety of our Nation's pilots and
passengers should be a top priority.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission To Ensure Small Aircraft Safety (hereafter
in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 shall be appointed by the President, subject
to paragraph (2);
(B) 5 shall be appointed by the President pro
tempore of the Senate, 3 upon the recommendation of the
majority leader of the Senate, and 2 upon the
recommendation of the minority leader of the Senate,
from among the Members of the Senate; and
(C) 3 shall be appointed by the Speaker of the
House of Representatives from among the Members of such
House, and 2 shall be appointed by the minority leader
of the House of Representatives from among the Members
of such House.
(2) Prohibition.--The member of the Commission appointed
under paragraph (1)(A) may not be an employee or former
employee of the Federal Government.
(3) Date.--The appointments of the members of the
Commission shall be made no later than 30 days following the
date of the enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--No later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--Except for its initial meeting, the Commission shall
meet at the call of the Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) In General.--Members appointed shall be appointed from among
individuals who are experts in general aviation policy (including
representatives of Federal, State and local governments and other
public authorities responsible for general aviation and small aircraft
safety), small aircraft safety, and organizations representing general
aviation, small aircraft pilots, passengers, shippers, and small
aircraft designers and manufacturers.
(h) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a thorough study and
investigation of all matters relating to current investigatory
procedures and practices of the National Transportation Safety Board
and the Federal Aviation Administration with respect to small aircraft
safety; the adequacy of these practices and procedures, the
coordination of National Transportation Safety Board and Federal
Aviation Administration investigations and enforcement of
recommendations; the enforcement of Federal Aviation Administration
small aircraft safety regulations; and the impediments to full
utilization of National Transportation Safety Board and Federal
Aviation Administration investigatory resources and enforcement.
(b) Recommendations.--The Commission shall develop recommendations
on those policies which need to be adopted to--
(1) achieve a national goal of safety in small aircraft and
the general aviation industry;
(2) resolve disagreements among Federal investigatory and
regulatory agencies responsible for small aircraft safety;
(3) develop coordination among Federal agencies responsible
for investigating small aircraft safety; and
(4) ensure full and effective enforcement of small aircraft
safety regulations.
(c) Report.--No later than 6 months after the date of the enactment
of this Act, the Commission shall submit a report to the President and
the Congress which shall contain a detailed statement of the findings
and conclusions of the Commission, together with its recommendations
for such legislation and administrative actions as it considers
appropriate.
SEC. 5. 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 the
purposes of this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chairman of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
(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
Chairman 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. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 180 days after the date on which the
Commission submits its report under section 4. All records and papers
of the Commission shall be deposited by the Administrator of General
Services in the National Archives.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$____________ for fiscal year 1994 to the Commission to carry out the
purposes of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | National Commission To Ensure Small Aircraft Safety Act of 1993 - Establishes the National Commission To Ensure Small Aircraft Safety. Requires the Commission to study and report to the President and the Congress on: (1) the current investigatory practices of the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) with respect to small aircraft safety; (2) the adequacy of such practices; (3) the coordination of NTSB and FAA investigations and enforcement of recommendations; (4) the enforcement of FAA small aircraft safety regulations; and (5) the impediments to full utilization of NTSB and FAA investigatory resources and enforcement.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Commission To Ensure Small Aircraft Safety Act of 1993"} | 1,930 | 150 | 0.599333 | 1.561777 | 0.737816 | 3.674603 | 14.571429 | 0.912698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gasoline Affordability and Security
Act'' or the ``GAS Act''.
TITLE I--CONSUMER PROTECTION
SEC. 101. PROHIBITION ON GASOLINE PRICE GOUGING.
(a) Unlawful Conduct.--During the 30-day period beginning on the
date on which the President determines the existence of conditions
warranting the drawdown and sale of petroleum products from the
Strategic Petroleum Reserve under subsection (d) or (h) of section 161
of the Energy Policy and Conservation Act (42 U.S.C. 6241), it shall be
an unfair or deceptive act or practice in violation of section 5(a)(1)
of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for any person
to sell gasoline or diesel fuel at a price which constitutes price
gouging as defined by rule pursuant to subsection (b).
(b) Enforcement.--A violation of subsection (a) shall be treated as
a violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)) and shall be enforced by the Federal Trade
Commission in accordance with all applicable terms and provisions of
the Federal Trade Commission Act.
(c) Penalties.--Any person who violates subsection (a), or the
rules promulgated pursuant to this section, shall be subject to a civil
penalty in an amount not to exceed $11,000 per day in which a violation
occurs.
(d) Rulemaking.--Not later than 90 days after the date of enactment
of this Act, the Federal Trade Commission shall promulgate rules, in
accordance with section 5(n) of the Federal Trade Commission Act (15
U.S.C. 45(n)), that--
(1) define ``price gouging'' for purposes of this section;
and
(2) carry out this section.
SEC. 102. COMPETITIVE PRICING TASK FORCE.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Federal Trade Commission shall establish a
Competitive Pricing Task Force (referred to in this section as the
``Task Force''.
(b) Duties.--The Task Force shall provide each State attorney
general who requests assistance from the Task Force--
(1) with assistance in the investigation of alleged price
gouging affecting the consumers of the State; and
(2) such additional technical assistance as may be
necessary in studying and drafting State laws to prohibit price
gouging.
(c) Duration.--The Task Force shall carry out the duties described
in subsection (b) during the 2-year period beginning on the date on
which the Task Force is established under subsection (a).
SEC. 103. CONSUMER INFORMATION.
(a) List.--The Federal Trade Commission shall publish a list on its
Web site containing the names of all persons penalized under section
101.
(b) Information About Gasoline Prices.--The Energy Information
Administration of the Department of Energy shall disseminate to all
persons selling gasoline or diesel fuel to retail consumers, in a
manner suitable for posting, information contained in the table on the
Administration's Web site entitled, ``WHAT WE PAY FOR IN A GALLON OF
REGULAR GASOLINE'', to inform such consumers of the factors
contributing to the price of gasoline.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title.
TITLE II--INCREASING SUPPLY
SEC. 201. FUEL DIVERSIFICATION.
Section 402 of the Energy Policy Act of 2005 (42 U.S.C. 15962) is
amended--
(1) in subsection (b)(1)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) by redesignating clause (v) as clause (vi); and
(C) by inserting after clause (iv) the following:
``(v) a Fischer-Tropsch technology project
to produce ultra-low sulfur liquid
transportation fuel; and''; and
(2) by adding at the end the following:
``(j) Energy Policy Priority.--
``(1) Establishment.--Not later than 90 days after the date
on which the Secretary provides funds for a Fischer-Tropsch
technology project to produce ultra-low sulfur liquid
transportation fuel under subsection (b)(1)(A)(v), the
Secretary shall establish as an energy policy priority the
expedited, large-scale commercialization of that technology to
promote the supply of affordable, clean, domestic gasoline and
diesel fuel.
``(2) Subsequent projects.--
``(A) In general.--In accordance with the energy
policy priority established under paragraph (1), the
Secretary shall provide funds for a subsequent Fischer-
Tropsch technology project to produce ultra-low sulfur
liquid transportation fuel as soon as practicable after
the date on which the priority is established.
``(B) Criteria for selection.--In carrying out
subparagraph (A), the Secretary shall select the
private sector recipient that is the most capable of
designing and constructing a Fischer-Tropsch technology
project with an output of not less than 50,000 barrels
per day of ultra-low sulfur transportation fuel, as
determined by the Secretary.''.
SEC. 202. FUEL TREATMENT.
Not later than 60 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall conduct an
expedited review of any fuel additive an application for verification
for which has been filed in accordance with the voluntary diesel
retrofit program.
TITLE III--DECREASING DEMAND
SEC. 301. CREDIT FOR TELEWORKING.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30D. TELEWORKING CREDIT.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
teleworking expenses paid or incurred by the taxpayer during such year.
``(b) Maximum Credit.--
``(1) Per teleworker limitation.--The credit allowed by
subsection (a) for a taxable year with respect to qualified
teleworking expenses paid or incurred by or on behalf of an
individual teleworker shall not exceed--
``(A) in the case of an eligible taxpayer described
in subsection (c)(1)(A), $1,000, and
``(B) in the case of an eligible taxpayer described
in subsection (c)(1)(B), $2,000.
``(2) Reduction for teleworking less than full year.--In
the case of an individual who is in a teleworking arrangement
for less than a full taxable year, the dollar amount referred
to subparagraph (A) or (B) of paragraph (1) shall be reduced by
an amount which bears the same ratio to such dollar amount as
the number of months in which such individual is not in a
teleworking arrangement bears to 12. For purposes of the
preceding sentence, an individual shall be treated as being in
a teleworking arrangement for a month if the individual is
subject to such arrangement for any day of such month.
``(c) Definitions.--For purposes of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means--
``(A) in the case of an individual, an individual
who performs services for an employer under a
teleworking arrangement, and
``(B) in the case of an employer, an employer for
whom employees perform services under a teleworking
arrangement.
``(2) Teleworking arrangement.--The term `teleworking
arrangement' means an arrangement under which an employee
teleworks for an employer not less than 75 days per year.
``(3) Qualified teleworking expenses.--The term `qualified
teleworking expenses' means expenses paid or incurred under a
teleworking arrangement for furnishings and electronic
information equipment which are used to enable an individual to
telework.
``(4) Telework.--The term `telework' means to perform work
functions, using electronic information and communication
technologies, thereby reducing or eliminating the physical
commute to and from the traditional work site.
``(d) Limitation Based on Amount of Tax.--
``(1) Liability for tax.--The credit allowable under
subsection (a) for any taxable year shall not exceed the excess
(if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Carryforward of unused credit.--If the amount of the
credit allowable under subsection (a) for any taxable year
exceeds the limitation under paragraph (1) for the taxable
year, the excess shall be carried to the succeeding taxable
year and added to the amount allowable as a credit under
subsection (a) for such succeeding taxable year.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (d)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states not qualified.--
No credit shall be allowed under subsection (a) with respect to
any property referred to in section 50(b)(1) or with respect to
the portion of the cost of any property taken into account
under section 179.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any expense if the taxpayer
elects to not have this section apply with respect to such
expense.
``(5) Denial of double benefit.--No deduction or credit
(other than under this section) shall be allowed under this
chapter with respect to any expense which is taken into account
in determining the credit under this section.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016 of the Internal Revenue
Code of 1986 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 paragraph:
``(38) to the extent provided in section 30D(e)(1), in the
case of amounts with respect to which a credit has been allowed
under section 30D.''.
(2) Section 55(c)(3) of such Code is amended by inserting
``30D(d),'' after ``30(b)(3),''.
(3) Section 6501(m) of such Code is amended by inserting
``30D(e)(4),'' after ``30C(e)(5),''.
(c) Clerical Amendment.--The table of sections for 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 item:
``Sec. 30D. Teleworking credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date.
SEC. 302. EMPLOYER-PROVIDED COMPUTER EQUIPMENT TREATED AS FRINGE
BENEFIT.
(a) In General.--Subsection (a) of section 132 of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, or'', and by adding at the end the following new
paragraph:
``(9) qualified employer-provided computer equipment
fringe.''.
(b) Qualified Employer-Provided Computer Equipment Fringe.--Section
132 of such Code is amended by redesignating subsection (o) as
subsection (p) and by inserting after subsection (n) the following new
subsection:
``(o) Qualified Employer-Provided Computer Equipment Fringe.--For
purposes of this section--
``(1) In general.--The term `qualified employer-provided
computer equipment fringe' means any computer and related
equipment and services provided to an employee by an employer
if--
``(A) such computer and related equipment and
services are necessary for the employee to perform work
for the employer from the employee's home, and
``(B) the employee makes substantial business use
of the equipment in the performance of work for the
employer.
``(2) Substantial use.--For purposes of paragraph (1), the
term `substantial business use' includes standby use for
periods when work from home may be required by the employer
such as during work closures caused by the threat of terrorism,
inclement weather, or natural disasters.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 303. SENSE OF CONGRESS.
It is the sense of Congress that Congress and the employees of the
legislative branch of the Federal Government should--
(1) conserve gasoline, aviation, and diesel fuel by
whatever means practicable; and
(2) as a part of such conservation efforts, promote
teleworking. | Gasoline Affordability and Security Act or the GAS Act - States it is unlawful to sell gasoline or diesel fuel at a price which constitutes price gouging (as defined by Federal Trade Commission (FTC)) during the 30-day period beginning on the date on which the President determines the existence of conditions warranting the drawdown and sale of petroleum products from the Strategic Petroleum Reserve.
Requires the FTC to establish a Competitive Pricing Task Force to provide assistance upon request of a state attorney general.
Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to: (1) ensure that specified funds are allocated to coal-based gasification technologies, including a Fischer-Tropsch technology project to produce ultra-low sulfur liquid transportation fuel; (2) establish as an energy policy priority the expedited, large-scale commercialization of such technology; and (3) provide funds for a subsequent Fischer-Tropsch technology project.
Amends the Internal Revenue Code to allow as a credit against the income tax the qualified teleworking expenses paid or incurred by the taxpayer during such year.
Prescribes guidelines for the treatment of employer-provided computer equipment as a fringe benefit.
Expresses the sense of Congress that Congress and the employees of the legislative branch of the federal government should: (1) conserve gasoline, aviation, and diesel fuel by whatever means practicable; and (2) as a part of such conservation efforts, promote teleworking. | {"src": "billsum_train", "title": "A bill to ensure gasoline affordability and security."} | 3,161 | 309 | 0.468494 | 1.587271 | 0.737506 | 5.632727 | 10.036364 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Verification Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of Homeland Security estimates that
there were 11.5 million illegal immigrants in the United States
in 2011, a population with a traditionally high rate of labor
force participation. During this time, 13.7 million Americans
were unemployed.
(2) Pursuant to Executive Order 12989, as amended by
Executive Order 13465, contractors and subcontractors that do
business with the Federal Government must use the E-Verify
Program to verify that their employees are authorized to work
in the United States. Additionally, all Federal employees must
be screened through the E-Verify Program.
(3) The E-Verify Program is accurate, effective, and
currently in use by more than 350,000 employers. Ninety-eight
and three-tenths percent of employees are automatically
confirmed as work-authorized either instantly or within 24
hours, requiring no employee or employer action.
(4) The United States Court of Appeals for the Fourth
Circuit decided in Chamber of Commerce v. Janet Napolitano that
entities that solicit and voluntarily enter into contracts or
agreements with the Federal Government can be subject to a
requirement for electronic verification of employment
eligibility.
SEC. 3. REQUIREMENT FOR FEDERAL CONTRACTORS AND OTHER RECIPIENTS OF
FEDERAL FUNDS TO PARTICIPATE IN E-VERIFY PROGRAM.
(a) In General.--Section 402(e)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is amended by adding at the end the following new subparagraphs:
``(C) Federal contractors and subcontractors.--
``(i) In general.--Any Federal contractor
described in clause (ii), and any subcontractor
described in clause (iii), shall elect, prior
to receipt of any payment under the contract or
subcontract, to participate in the E-Verify
Program described in section 403(a) and shall
comply with the terms and conditions of such
election.
``(ii) Federal contractors described.--A
Federal contractor is described in this clause
if the contractor--
``(I) employs individuals; and
``(II) has been awarded (and has
not completed performance of) a
contract by the Federal Government for
the procurement of goods or services.
``(iii) Subcontractors described.--A
subcontractor is described in this clause if
the subcontractor--
``(I) employs individuals; and
``(II) has been awarded (and has
not completed performance of) a
subcontract by a Federal contractor
described in clause (ii).
``(iv) Coverage of workforce.--In
implementing this subparagraph, the Secretary
of Homeland Security shall ensure that the E-
Verify Program is applied to--
``(I) all persons hired during the
contract term by the contractor to
perform employment duties within the
United States;
``(II) all employees assigned by
the contractor to perform work within
the United States on the contract; and
``(III) in the case of a
subcontractor, all employees of the
subcontractor who are directly engaged
in performing work under the contract.
``(v) Exceptions to contracts covered.--For
purposes of clause (ii)(II), a contract by the
Federal Government for the procurement of goods
or services does not include any of the
following contracts:
``(I) A contract in an amount less
than the simplified acquisition
threshold.
``(II) A contract that is for the
procurement of only commercially
available off-the-shelf items (or minor
modifications to such items) and
related services.
``(III) A contract with a term of
less than 120 days.
``(IV) A contract under which all
work is performed outside the United
States.
``(D) Recipients of grants, loans, and other
federal benefits.--
``(i) In general.--Any recipient of a
Federal benefit described in clause (ii) shall
elect, prior to receipt of the benefit, to
participate in the E-Verify Program described
in section 403(a) and shall comply with the
terms and conditions of such election.
``(ii) Recipient of federal funds
described.--A recipient of a Federal benefit is
described in this clause if the recipient--
``(I) employs individuals; and
``(II) has received (and not
completed the term of) a grant, loan,
loan guarantee, or cooperative
agreement from the Federal Government.
``(iii) Coverage of workforce.--In
implementing this subparagraph, the Secretary
of Homeland Security shall ensure that the E-
Verify Program is applied to--
``(I) all persons hired during the
term of the grant, loan, loan
guarantee, or cooperative agreement by
the recipient of the Federal benefit to
perform employment duties within the
United States; and
``(II) all employees assigned by
the recipient of the Federal benefit to
perform work within the United States
under the project or activity funded by
the grant, loan, loan guarantee, or
cooperative agreement.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to contracts, grants, loans, loan guarantees, or cooperative
agreements entered into, awarded, renewed, or extended, as the case may
be, on or after the expiration of the 60-day period beginning on the
date of the enactment of this Act.
SEC. 4. PERMANENT REAUTHORIZATION OF E-VERIFY.
(a) In General.--Section 401 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
(1) in subsection (a), by striking ``pilot'';
(2) in subsection (b)--
(A) by striking ``the pilot programs'' and
inserting ``the programs required under this
subtitle''; and
(B) by striking ``Unless the Congress otherwise
provides, the Secretary of Homeland Security shall
terminate a pilot program on September 30, 2012.''; and
(3) in subsection (d)--
(A) by redesignating paragraphs (1), (2), (3), (4),
(5), (6), and (7) as paragraphs (4), (1), (5), (2),
(3), (7), and (6), respectively; and
(B) by amending paragraph (4), as redesignated, to
read as follows:
``(4) Program.--The term `program' means any of the 3
programs provided for under this subtitle.''.
(b) Conforming Amendments.--Subtitle A of title IV of division C of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) is amended--
(1) in section 402, by striking ``pilot'' each place such
term appears; and
(2) in section 403(a)(2)--
(A) in subparagraph (A), by amending clause (i) to
read as follows:
``(i) A document referred to in section
274A(b)(1)(B)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)(B)(ii))
shall be designated by the Secretary of
Homeland Security as suitable for the purpose
of identification in a program provided for
under this subtitle.''; and
(B) in subparagraph (B), by striking ``pilot''. | Employee Verification Act - Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require federal contractors and subcontractors to participate in the E-Verify Program.
Exempts specified federal procurement contracts from E-Verify coverage.
Directs the Secretary of Homeland Security (DHS) to ensure that E-Verify is applied to: (1) all persons hired during the term of the grant, loan, loan guarantee, or cooperative agreement by the recipient of the federal benefit to perform employment duties within the United States; and (2) all employees assigned by the recipient of the federal benefit to perform work within the United States under the project or activity funded by the grant, loan, loan guarantee, or cooperative agreement.
Makes E-Verify permanent. | {"src": "billsum_train", "title": "To require Federal contractors and other recipients of Federal funds to participate in the E-Verify Program for employment eligibility verification, to permanently reauthorize the E-Verify Program, and for other purposes."} | 1,702 | 159 | 0.557022 | 1.540497 | 0.76184 | 4.952381 | 10.571429 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Thrift Savings Plan
Enhancement Act of 1995''.
SEC. 2. ADDITIONAL INVESTMENT FUNDS.
(a) Definitions.--Subsection (a) of section 8438 of title 5, United
States Code, is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively;
(2) by inserting after paragraph (4) the following:
``(5) the term `International Stock Index Investment Fund'
means the International Stock Index Investment Fund established
under subsection (b)(1)(E);'';
(3) by striking ``and'' at the end of paragraph (8) (as so
redesignated by paragraph (1));
(4) in paragraph (9) (as so redesignated by paragraph
(1))--
(A) by striking ``paragraph (7)(D)'' each place it
appears and inserting ``paragraph (8)(D)''; and
(B) by striking the period and inserting ``; and'';
and
(5) by adding at the end the following:
``(10) the term `Small Capitalization Stock Index
Investment Fund' means the Small Capitalization Stock Index
Investment Fund established under subsection (b)(1)(D).''.
(b) Establishment of New Investment Funds.--
(1) In general.--Paragraph (1) of section 8438(b) of such
title is amended--
(A) by striking ``and'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(C) by adding at the end the following:
``(D) a Small Capitalization Stock Index Investment Fund as
provided in paragraph (3); and
``(E) an International Stock Index Investment Fund as
provided in paragraph (4).''.
(2) Specific requirements.--Subsection (b) of section 8438
of such title is amended by adding at the end the following:
``(3)(A) The Board shall select an index which is a commonly
recognized index comprised of common stock the aggregate market value
of which represents the United States equity markets excluding the
common stocks included in the Common Stock Index Investment Fund.
``(B) The Small Capitalization Stock Index Investment Fund shall be
invested in a portfolio designed to replicate the performance of the
index in subparagraph (A). The portfolio shall be designed such that,
to the extent practicable, the percentage of the Small Capitalization
Stock Index Investment Fund that is invested in each stock is the same
as the percentage determined by dividing the aggregate market value of
all shares of that stock by the aggregate market value of all shares of
all stocks included in such index.
``(4)(A) The Board shall select an index which is a commonly
recognized index comprised of stock the aggregate market value of which
is a reasonably complete representation of the international equity
markets excluding the United States equity markets.
``(B) The International Stock Index Investment Fund shall be
invested in a portfolio designed to replicate the performance of the
index in subparagraph (A). The portfolio shall be designed such that,
to the extent practicable, the percentage of the International Stock
Index Investment Fund that is invested in each stock is the same as the
percentage determined by dividing the aggregate market value of all
shares of that stock by the aggregate market value of all shares of all
stocks included in such index.''.
(c) Acknowledgement of Investment Risk.--Subsection (d) of section
8439 of such title is amended--
(1) by striking ``the Common Stock Index Investment Fund or
the Fixed Income Investment Fund described in paragraphs (1)
and (3), respectively, of section 8438(a) of this title'' and
inserting ``the Common Stock Index Investment Fund, the Fixed
Income Investment Fund, the International Stock Index
Investment Fund, or the Small Capitalization Stock Index
Investment Fund''; and
(2) by striking ``either such Fund'' and inserting ``any
such Fund''.
SEC. 3. PERCENTAGE LIMITATIONS ON CONTRIBUTIONS.
(a) Amendments Relating to FERS.--
(1) In general.--Subsection (a) of section 8432 of such
title is amended by striking ``10 percent of''.
(2) Justices and judges.--Subsection (b) of section 8440a
of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (7) as paragraphs (2) through
(6), respectively; and
(B) in paragraph (6) (as so redesignated by
subparagraph (A)) by striking ``paragraphs (4) and
(5)'' and inserting ``paragraphs (3) and (4)''.
(3) Bankruptcy judges and magistrates.--Subsection (b) of
section 8440b of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (8) as paragraphs (2) through
(7), respectively;
(B) in paragraph (4) (as so redesignated by
subparagraph (A)) by striking ``paragraph (4)(A), (B),
or (C)'' and inserting ``paragraph (3)(A), (B), or
(C)''; and
(C) in paragraph (7) (as so redesignated by
subparagraph (A)) by striking ``Notwithstanding
paragraph (4),'' and inserting ``Notwithstanding
paragraph (3),''.
(4) Court of federal claims judges.--Subsection (b) of
section 8440c of such title is amended--
(A) by striking paragraph (2) and by redesignating
paragraphs (3) through (8) as paragraphs (2) through
(7), respectively;
(B) in paragraph (4) (as so redesignated by
subparagraph (A)) by striking ``paragraph (4)(A) or
(B)'' and inserting ``paragraph (3)(A) or (B)''; and
(C) in paragraph (7) (as so redesignated by
subparagraph (A)) by striking ``Notwithstanding
paragraph (4),'' and inserting ``Notwithstanding
paragraph (3),''.
(5) Judges of the united states court of veterans
appeals.--Paragraph (2) of section 8440d(b) of such title is
amended to read as follows:
``(2) For purposes of contributions made to the Thrift Savings
Fund, basic pay does not include any retired pay paid pursuant to
section 7296 of title 38.''.
(b) Amendments Relating to CSRS.--Paragraph (2) of section 8351(b)
of title 5, United States Code, is amended by striking ``5 percent
of''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--The amendments made by this Act shall take effect
on the date of the enactment of this Act.
(b) Coordination With Election Periods.--The Executive Director
shall by regulation determine--
(1) the first election period in which elections may be
made with respect to the new investment funds established
pursuant to the amendments made by section 2; and
(2) the first election period in which elections may be
made consistent with the amendments made by section 3.
(c) Definitions.--For purposes of this section--
(1) the term ``election period'' means a period afforded
under section 8432(b) of title 5, United States Code; and
(2) the term ``Executive Director'' has the meaning given
such term by section 8401(13) of title 5, United States Code. | Federal Thrift Savings Plan Enhancement Act of 1995 - Amends Federal civil service law with respect to the Civil Service and Federal Employees' Retirement Systems and the Thrift Savings Plan (TSP) Program. Provides for: (1) an additional Small Capitalization Stock Index Investment Fund and International Stock Index Investment Fund in the TSP; and (2) repeal of the limitations on individual TSP contributions, including those from judges and other specified personnel of the Federal judicial branch. | {"src": "billsum_train", "title": "Federal Thrift Savings Plan Enhancement Act of 1995"} | 1,699 | 99 | 0.476588 | 1.099831 | 0.344518 | 2 | 17.88764 | 0.696629 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``President Harry S Truman
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
The Congress hereby finds the following:
(1) Harry S Truman served as President of the United States
from April 12, 1945, to January 20, 1953.
(2) President Truman took important measures to found and
support the United Nations.
(3) President Truman made important decisions that brought
World War II to a successful conclusion and brought the former
Axis countries to a free and democratic condition.
(4) President Truman gave economic and military aid to
Greece and Turkey in 1947 and after in order to allow them to
avoid a communist overthrow of their governments and to pursue
freely their individual destinies, and he further stated it to
be the policy of the United States to support free peoples who
are resisting attempted subjugation by armed minorities and to
help them freely to pursue their independent destinies.
(5) President Truman had an important part in formulating
and realizing the program of economic assistance for Europe
that became known as the Marshall Plan and, through his support
for the plan, he helped to maintain an area of prosperity and
freedom in Western Europe.
(6) President Truman stood by the people of West Berlin
when they were threatened by a blockade by the Soviet Union of
all land and water routes to the city, and the airlift that
grew out of Truman's desire to maintain West Berlin as an area
of freedom succeeded in supplying the city until the Soviet
Union gave up its blockade.
(7) President Truman helped to establish the North Atlantic
Treaty Organization, and his administration was strongly
supportive of measures to strengthen the Atlantic Alliance and
to achieve the integration of the countries of Western Europe.
(8) President Truman fought throughout his Presidency for
domestic programs that would improve the lives of the American
people and reinforce their country's commitment to social
justice.
(9) President Truman desegregated the Armed Forces and took
other actions to fight racism, and his actions helped to
provide the foundation of the modern civil rights movement.
(10) President Truman oversaw the reorganization of the
United States Government in order that it might be capable of
meeting the demands of the postwar world, and during his
administration were created the National Security Council, the
Central Intelligence Agency, the Department of Defense, the
Department of the Air Force, the Council of Economic Advisers,
and other important new agencies and offices.
(11) President Truman, through his Point Four Program,
stated the goal for American policy of fostering economic
growth and human uplift in underdeveloped countries.
(12) President Truman led his country to resist aggression
in Korea, and his goals in making war against the aggressors
were to avoid a world war, to support the United Nations, and
to maintain freedom in the world.
(13) President Truman in retirement founded the Harry S
Truman Library and devoted his library and himself to teaching
the American people, and especially young people, about their
history and their government.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, to Margaret Truman Daniel a gold
medal of appropriate design, in recognition of the many accomplishments
of President Harry S Truman on the occasion of the 50th anniversary of
his 1st inauguration as President of the United States of America.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be determined
by the Secretary.
(c) Authorization of Appropriation.--There are authorized to be
appropriated not to exceed $20,000 to carry out this section.
SEC. 4. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck pursuant to
section 3 under such regulations as the Secretary may prescribe, at a
price sufficient to cover the cost thereof, including labor, materials,
dies, use of machinery, and overhead expenses, and the cost of the gold
medal.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 3 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 5. NATIONAL MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code. | President Harry S Truman Congressional Gold Medal Act - Authorizes the President, on behalf of the Congress, to present a gold medal to Margaret Truman Daniel in recognition of the accomplishments of President Harry S Truman on the 50th anniversary of his first inauguration. Authorizes appropriations.
Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal. | {"src": "billsum_train", "title": "President Harry S Truman Congressional Gold Medal Act"} | 990 | 87 | 0.34895 | 0.914003 | 0.017409 | 3.457143 | 13.285714 | 0.885714 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare IVIG
Access Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Medicare payment for intravenous immune globulins.
Sec. 4. Coverage and payment of intravenous immune globulin in the
home.
Sec. 5. Reports.
Sec. 6. Offset.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Intravenous immune globulin (IVIG) is a human blood
plasma derived product, which over the past 25 years has become
an invaluable therapy for many primary immunodeficiency
diseases, as well as a number of neurological, autoimmune, and
other chronic conditions and illnesses. For many of these
disorders, IVIG is the most effective and viable treatment
available, and has dramatically improved the quality of life
for persons with these conditions and has become a life-saving
therapy for many.
(2) The Food and Drug Administration recognizes each IVIG
brand as a unique biologic. The differences in basic
fractionation and the addition of various modifications for
further purification, stabilization, and virus inactivation/
removal yield clearly different biological products. As a
result, IVIG therapies are not interchangeable, with patient
tolerance differing from one IVIG brand to another.
(3) The report of the Office of the Assistant Secretary for
Planning and Evaluation of the Department of Health and Human
Services, ``Analysis of Supply, Distribution, Demand, and
Access Issues Associated with Immune Globulin Intravenous
(IGIV)'', that was issued in May 2007, found that IVIG
manufacturing is complex and requires substantial up-front cash
outlay and planning and takes between 7 and 12 months from
plasma collection at donor centers to lot release by the Food
and Drug Administration.
(4) The Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2066)
changed Medicare's reimbursement methodology for IVIG from
average wholesale price (AWP) to average sales price plus 6
percent (ASP+6 percent), effective January 1, 2005, for
physicians, and January 1, 2006, for hospital outpatient
departments, thereby reducing reimbursement rates paid to those
providers of IVIG on behalf of Medicare beneficiaries.
(5) An April 2007 report of the Office of Inspector General
of the Department of Health and Human Services, ``Intravenous
Immune Globulin: Medicare Payment and Availability'', found
that Medicare reimbursement for IVIG was inadequate to cover
the cost many providers must pay for the product. During the
third quarter of 2006, 44 percent of IVIG sales to hospitals
and 41 percent of sales to physicians by the 3 largest
distributors occurred at prices above Medicare payment amounts.
(6) The report of the Office of the Assistant Secretary for
Planning and Evaluation of the Department of Health and Human
Services, ``Analysis of Supply, Distribution, Demand, and
Access Issues Associated with Immune Globulin Intravenous
(IGIV)'' notes that, after the new reimbursement rules for
physicians were instituted in 2005, 42 percent of Medicare
beneficiaries who had received their IVIG treatment in their
physician's office at the end of 2004 were shifted to the
hospital outpatient setting by the beginning of 2006. This
shift in site of care has resulted in a lack of continuity of
care and has had an adverse impact on health outcomes and
quality of life.
(7) The Office of Inspector General of the Department of
Health and Human Services also reported that 61 percent of
responding physicians indicated that they had sent patients to
hospitals for IVIG treatment, largely because of their
inability to purchase IVIG at prices below the Medicare payment
amounts. In addition, the Office of Inspector General found
that some physicians had stopped providing IVIG to Medicare
beneficiaries altogether.
(8) The Office of Inspector General's 2007 report concluded
that whatever improvement some providers saw in the
relationship of Medicare reimbursement for IVIG to prices paid
during the first 3 quarters of 2006 would be eroded if
manufacturers were to increase prices for IVIG in the future.
(9) The Centers for Medicare & Medicaid Services, in
recognition of dislocations experienced by patients and
providers in obtaining IVIG since the change to the ASP+6
reimbursement methodology, has provided a temporary additional
payment during 2006 and 2007 for IVIG preadministration-related
services to compensate physicians and hospital outpatient
departments for the extra resources they have had to expend in
locating and obtaining appropriate IVIG products and in
scheduling patient infusions.
(10) Approximately 10,000 Medicare beneficiaries receive
IVIG treatment for their primary immunodeficiency disease in a
variety of different settings. Those beneficiaries have no
other effective treatment for their condition.
(11) The Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 established an IVIG home infusion
benefit for persons with primary immune deficiency disease,
paying only for IVIG and specifically excluding coverage of
items and services related to administration of the product.
(12) The report of the Office of the Assistant Secretary
for Planning and Evaluation of the Department of Health and
Human Services, ``Analysis of Supply, Distribution, Demand, and
Access Issues Associated with Immune Globulin Intravenous
(IGIV)'', noted that, because of limitations in the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003
provision, Medicare's IVIG home infusion benefit is not
designed to provide reimbursement for more than the cost of
IVIG and does not cover the cost of infusion services (such as
nursing and clinical services and supplies) in the home. As a
consequence, the report found that home infusion providers
generally do not accept new patients who have primary immune
deficiency disease and only have Medicare coverage. These
limitations in service are caused by health care providers--
(A) not being able to acquire IVIG at prices at or
below the Medicare part B reimbursement level; and
(B) not being reimbursed for the infusion services
provided by a nurse.
(13) Access to home infusion of IVIG for patients with
primary immune deficiency disease, who have a genetic or
intrinsic defect in their human immune system, will reduce
their exposure to infections at a time when their antibodies
are compromised and will improve the quality of care and health
of the patient.
SEC. 3. MEDICARE PAYMENT FOR INTRAVENOUS IMMUNE GLOBULINS.
(a) In General.--Section 1842(o) of the Social Security Act (42
U.S.C. 1395u(o)) is amended--
(1) in paragraph (1)(E)(ii), by inserting ``, plus an
additional amount (if applicable) under paragraph (7)'' before
the period at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7)(A) Not later than 6 months after the date of
enactment of the Medicare IVIG Access Act of 2008, the
Secretary shall--
``(i) collect data on the differences, if any,
between payments to physicians for intravenous immune
globulin under paragraph (1)(E)(ii) and costs incurred
by physicians for furnishing such products; and
``(ii) review available data, including survey and
pricing data collected by the Federal Government and
data presented by members of the intravenous immune
globulin community on the access of individuals
eligible for services under this part to intravenous
immune globulin and the differences described in clause
(i).
``(B) Subject to subparagraph (C), in the case of
intravenous immune globulin furnished on or after the date of
enactment of this paragraph, the Secretary shall continue the
IVIG preadministration-related services payment established
under the final rule promulgated by the Secretary in the
Federal Register on November 27, 2007 (72 Fed. Reg. 66254),
until such time as the Secretary determines that payment for
intravenous immune globulin is adequate.
``(C) Upon collection of data and completion of the review
under subparagraph (A), the Secretary shall, during a 2-year
period beginning not later than 7 months after such date of
enactment, provide, if appropriate, to physicians furnishing
intravenous immune globulins, a payment, in addition to the
payment under paragraph (1)(E)(ii) and instead of the IVIG
preadministration-related services payment under subparagraph
(B), for all items related to the furnishing of intravenous
immune globulin, in an amount the Secretary determines to be
appropriate.''.
(b) As Part of Hospital Outpatient Services.--Section 1833(t)(14)
of such Act (42 U.S.C. 1395l(t)(14)) is amended--
(1) in subparagraph (A)(iii), by striking ``subparagraph
(E)'' and inserting ``subparagraphs (E) and (I)''; and
(2) by adding at the end the following new subparagraph:
``(I) Additional payment for intravenous immune
globulin.--
``(i) Data collection and review.--Not
later than 6 months after the date of enactment
of the Medicare IVIG Access Act of 2008, the
Secretary shall--
``(I) collect data on the
differences, if any, between payments
of intravenous immune globulin under
subparagraph (A)(iii) and costs
incurred by a hospital for furnishing
such products; and
``(II) review available data,
including survey and pricing data
collected by the Federal Government and
data presented by members of the
intravenous immune globulin community
on the access of individuals eligible
for services under this part to
intravenous immune globulin and the
differences described in subclause (I).
``(ii) Continuation of special payment
rule.--Subject to clause (iii), in the case of
intravenous immune globulin furnished on or
after the date of enactment of this
subparagraph, the Secretary shall continue the
IVIG preadministration-related services payment
established under the final rule promulgated by
the Secretary in the Federal Register on
November 27, 2007 (72 Fed. Reg. 66697), until
such time as the Secretary determines that
payment for intravenous immune globulin is
adequate.
``(iii) Additional payment authority.--Upon
collection of data and completion of the review
under clause (i), the Secretary shall, during a
2-year period beginning not later than 7 months
after such date of enactment, provide, if
appropriate, to hospitals furnishing
intravenous immune globulin as part of a
covered OPD service, in addition to the payment
under subparagraph (A)(iii) and instead of the
IVIG preadministration-related services payment
under clause (ii), for all items related to the
furnishing of intravenous immune globulin, in
an amount the Secretary determines to be
appropriate.''.
SEC. 4. COVERAGE AND PAYMENT OF INTRAVENOUS IMMUNE GLOBULIN IN THE
HOME.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)(Z), by inserting ``and items and
services related to the administration of intravenous immune
globulin'' after ``globulin''; and
(2) in subsection (zz), by striking ``but not including
items or services related to the administration of the
derivative,''.
(b) Payment for Intravenous Immune Globulin Administration in the
Home.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o),
as amended by section 3), is amended--
(1) in paragraph (1)(E)(ii), by striking ``paragraph (7)''
and inserting ``paragraph (7) or (8)'';
(2) by redesignating paragraph ``(8)'' as paragraph
``(9)''; and
(3) by inserting after paragraph (7) the following new
paragraph:
``(8)(A) Subject to subparagraph (B), in the case of
intravenous immune globulins described in section 1861(s)(2)(Z)
that are furnished on or after January 1, 2008, the Secretary
shall provide for a separate payment for items and services
related to the administration of such intravenous immune
globulins in an amount that the Secretary determines to be
appropriate based on a review of available published and
unpublished data and information, including the Study of
Intravenous Immune Globulin Administration Options: Safety,
Access, and Cost Issues conducted by the Secretary (CMS
Contract #500-95-0059). Such payment amount may take into
account the following:
``(i) Pharmacy overhead and related expenses.
``(ii) Patient service costs.
``(iii) Supply costs.
``(B) The separate payment amount provided under this
paragraph for intravenous immune globulins furnished in 2009 or
a subsequent year shall be equal to the separate payment amount
determined under this paragraph for the previous year increased
by the percentage increase in the medical care component of the
consumer price index for all urban consumers (United States
city average) for the 12-month period ending with June of the
previous year.''.
SEC. 5. REPORTS.
(a) Report by the Secretary.--Not later than 7 months after the
date of enactment of this Act, the Secretary of Health and Human
Services (in this section referred to as the ``Secretary'') shall
submit a report to Congress on the following:
(1) The results of the data collection and review conducted
by the Secretary under subparagraph (A) of section 1842(o)(7)
of the Social Security Act, as added by section 3(a), and
clause (i) of section 1833(t)(14)(I) of such Act, as added by
section 3(b).
(2) Whether the Secretary plans to use the authority under
subparagraph (C) of such section 1842(o)(7) and clause (iii) of
such section 1833(t)(14)(I) to provide an additional payment to
physicians furnishing intravenous immune globulins.
(b) MedPAC Report.--Not later than 2 years after the date of
enactment of this Act, the Medicare Payment Advisory Commission shall
submit a report to the Secretary and to Congress that contains the
following:
(1) In the case where the Secretary has used the authority
under sections 1842(o)(7)(C) and 1833(t)(14)(I)(iii) of the
Social Security Act, as added by subsections (a) and (b),
respectively, of section 3 to provide an additional payment to
physicians furnishing intravenous immune globulins during the
preceding year, an analysis of whether beneficiary access to
intravenous immune globulins under the Medicare program under
title XVIII of the Social Security Act has improved as a result
of the Secretary's use of such authority.
(2) An analysis of the appropriateness of implementing a
new methodology for payment for intravenous immune globulins
under part B of title XVIII of the Social Security Act (42
U.S.C. 1395k et seq.).
(3) An analysis of the feasibility of reducing the lag time
with respect to data used to determine average sales price
under section 1847A of the Social Security Act (42 U.S.C.
1395w-3a).
(4) Recommendations for such legislation and administrative
action as the Medicare Payment Advisory Commission determines
appropriate, including recommendations for such legislation and
administrative action as the Commission determines is necessary
to implement any methodology analyzed under paragraph (2).
SEC. 6. OFFSET.
Section 1861(n) of the Social Security Act (42 U.S.C. 1395x(n)) is
amended by adding at the end the following: ``Such term includes
disposable drug delivery systems, including elastomeric infusion pumps,
for the treatment of colorectal cancer.''. | Medicare IVIG Access Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services, upon collection of data and completion of a review, to provide, if appropriate, to physicians and hospitals furnishing intravenous immune globulins (IVIGs), an additional payment for all items related to the furnishing of IVIG in an appropriate amount.
Provides for coverage of IVIG administered in the home.
Makes disposable drug delivery systems, including elastomeric infusion pumps, for the treatment of colorectal cancer durable medical equipment for Medicare purposes. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to improve access of Medicare beneficiaries to intravenous immune globulins."} | 3,619 | 143 | 0.444982 | 1.505497 | 0.576031 | 4.541284 | 29.284404 | 0.926606 |
SECTION 1. AUTHORITY OF TAX COURT TO APPOINT EMPLOYEES.
(a) In General.--Subsection (a) of section 7471 of the Internal
Revenue Code of 1986 (relating to employees) is amended to read as
follows:
``(a) Appointment and Compensation.--
``(1) Clerk.--The Tax Court may appoint a clerk without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service. The clerk shall serve at
the pleasure of the Tax Court.
``(2) Judge-appointed employees.--
``(A) In general.--The judges and special trial judges of
the Tax Court may appoint employees, in such numbers as the Tax
Court may approve, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service. Any such employee shall serve at the pleasure of the
appointing judge.
``(B) Exemption from federal leave provisions.--A law clerk
appointed under this subsection shall be exempt from the
provisions of subchapter I of chapter 63 of title 5, United
States Code. Any unused sick leave or annual leave standing to
the law clerk's credit as of the effective date of this
subsection shall remain credited to the law clerk and shall be
available to the law clerk upon separation from the Federal
Government.
``(3) Other employees.--The Tax Court may appoint necessary
employees without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service.
Such employees shall be subject to removal by the Tax Court.
``(4) Pay.--The Tax Court may fix and adjust the compensation
for the clerk and other employees of the Tax Court without regard
to the provisions of chapter 51, subchapter III of chapter 53, or
section 5373 of title 5, United States Code. To the maximum extent
feasible, the Tax Court shall compensate employees at rates
consistent with those for employees holding comparable positions in
courts established under Article III of the Constitution of the
United States.
``(5) Programs.--The Tax Court may establish programs for
employee evaluations, incentive awards, flexible work schedules,
premium pay, and resolution of employee grievances.
``(6) Discrimination prohibited.--The Tax Court shall--
``(A) prohibit discrimination on the basis of race, color,
religion, age, sex, national origin, political affiliation,
marital status, or handicapping condition; and
``(B) promulgate procedures for resolving complaints of
discrimination by employees and applicants for employment.
``(7) Experts and consultants.--The Tax Court may procure the
services of experts and consultants under section 3109 of title 5,
United States Code.
``(8) Rights to certain appeals reserved.--Notwithstanding any
other provision of law, an individual who is an employee of the Tax
Court on the day before the effective date of this subsection and
who, as of that day, was entitled to--
``(A) appeal a reduction in grade or removal to the Merit
Systems Protection Board under chapter 43 of title 5, United
States Code,
``(B) appeal an adverse action to the Merit Systems
Protection Board under chapter 75 of title 5, United States
Code,
``(C) appeal a prohibited personnel practice described
under section 2302(b) of title 5, United States Code, to the
Merit Systems Protection Board under chapter 77 of that title,
``(D) make an allegation of a prohibited personnel practice
described under section 2302(b) of title 5, United States Code,
with the Office of Special Counsel under chapter 12 of that
title for action in accordance with that chapter, or
``(E) file an appeal with the Equal Employment Opportunity
Commission under part 1614 of title 29 of the Code of Federal
Regulations,
shall continue to be entitled to file such appeal or make such an
allegation so long as the individual remains an employee of the Tax
Court.
``(9) Competitive status.--Notwithstanding any other provision
of law, any employee of the Tax Court who has completed at least 1
year of continuous service under a non-temporary appointment with
the Tax Court acquires a competitive status for appointment to any
position in the competitive service for which the employee
possesses the required qualifications.
``(10) Merit system principles, prohibited personnel practices,
and preference eligibles.--Any personnel management system of the
Tax Court shall--
``(A) include the principles set forth in section 2301(b)
of title 5, United States Code;
``(B) prohibit personnel practices prohibited under section
2302(b) of title 5, United States Code; and
``(C) in the case of any individual who would be a
preference eligible in the executive branch, provide preference
for that individual in a manner and to an extent consistent
with preference accorded to preference eligibles in the
executive branch.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date the United States Tax Court adopts a personnel
management system after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Internal Revenue Code to authorize the U.S. Tax Court to: (1) appoint a clerk of court and other necessary employees without regard to civil service provisions governing appointments in the competitive service and to fix and adjust the compensation for such employees; (2) establish programs for employee evaluations, incentive awards, flexible work schedules, premium pay, and resolution of employee grievances; and (3) hire experts and consultants. Requires the Court's personnel management system to incorporate existing merit system principles and employee appeal rights, prohibit employment discrimination and prohibited personnel practices, and provide appropriate preference in hiring.
Authorizes the judges and special trial judges of such Court to appoint their own employees, including law clerks, without regard to civil service provisions governing appointments in the competitive service. | {"src": "billsum_train", "title": "An act to amend the Internal Revenue Code of 1986 to authorize the tax court to appoint employees."} | 1,128 | 169 | 0.636082 | 1.775713 | 0.858891 | 3.070064 | 6.77707 | 0.840764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vehicle Efficiency Heightening
Investment Credit to Lift our Economy Act of 2009''.
SEC. 2. CREDIT FOR FLEET VEHICLES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 45Q the following new section:
``SEC. 45R. FLEET VEHICLES.
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to the applicable amount with respect to each
fleet vehicle placed in service by the taxpayer during the
taxable year.
``(2) Applicable amount.--For purposes of paragraph (1),
the applicable amount is--
``(A) $4,000 for a fleet vehicle which is--
``(i) a passenger automobile that--
``(I) is assembled in the United
States, and
``(II) has a highway label fuel
economy value of 27 miles per gallon or
greater but less than 30 miles per
gallon,
``(ii) a passenger automobile that--
``(I) is assembled in North
America, and
``(II) has a highway label fuel
economy value of 30 miles per gallon or
greater, or
``(iii) a nonpassenger automobile that--
``(I) is assembled in the United
States, and
``(II) has a highway label fuel
economy value of 24 miles per gallon or
greater,
``(B) $5,000 for a fleet vehicle which is--
``(i) a passenger automobile that--
``(I) is assembled in the United
States, and
``(II) has a highway label fuel
economy value of 30 miles per gallon or
greater, or
``(ii) a work truck that is assembled in
the United States and registered by the dealer
as a registered work truck, or
``(C) $3,000 for a fleet vehicle which is--
``(i) a nonpassenger automobile that--
``(I) is assembled in North
America, and
``(II) has a highway label fuel
economy value of 24 miles per gallon or
greater.
``(b) Limitation.--Not more than 15 fleet vehicles may be taken
into account under subsection (a) for a taxable year.
``(c) Definitions.--For purposes of this section--
``(1) Fleet vehicle.--The term `fleet vehicle' means a
motor vehicle--
``(A) which is a passenger automobile, nonpassenger
automobile, or work truck,
``(B) the original use of which commences with the
taxpayer,
``(C) which is acquired for use or lease by the
taxpayer and not for resale,
``(D) which is property of a character subject to
an allowance for depreciation, and
``(E) which is made by a manufacturer.
``(2) Automobile; passenger automobile; work truck.--The
terms `automobile', `passenger automobile', and `work truck'
have the meanings given such terms in section 32901(a) of title
49, United States Code.
``(3) Nonpassenger automobile.--The term `nonpassenger
automobile' means an automobile classified as a light truck
under part 523 of title 49, Code of Federal Regulations, and is
not a work truck.
``(4) Highway label fuel economy value.--The term `highway
label fuel economy value' means the number, expressed in miles
per gallon, centered directly below the words `Highway MPG' on
the label required to be affixed or caused to be affixed on a
new automobile pursuant to subpart D of part 600 of title 40,
Code of Federal Regulations.
``(5) Motor vehicle.--The term `motor vehicle' means any
vehicle which is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle operated
exclusively on a rail or rails) and which has at least 4
wheels.
``(d) Special Rules.--For purposes of this section--
``(1) Related person.--
``(A) In general.--The taxpayer and any person
related to the taxpayer shall be treated as one person.
``(B) Related person defined.--A person
(hereinafter in this paragraph referred to as the
`related person') is related to any other person if--
``(i) the related person bears a
relationship to such person specified in
section 267(b) or section 707(b)(1), or
``(ii) the related person and such person
are engaged in trades or business under common
control (within the meaning of subsections (a)
and (b) of section 52).
For purposes of subparagraph (A), in applying section
267(b) or 707(b)(1), `10 percent' shall be substituted
for `50 percent'.
``(2) Reduction in basis.--For purposes of this subtitle,
the basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed.
``(3) Applicable rules.--For purposes of this section,
rules similar to the rules of paragraphs (5), (6), (7), (8),
and (9) of section 30B(h) shall apply.
``(e) Termination.--This section shall not apply to any property
purchased after December 31, 2010.''.
(b) Credit To Be Part of Business Credit.--Section 38(b) is amended
by striking ``plus'' at the end of paragraph (34), by striking the
period at the end of paragraph (35) and inserting ``, plus'', and by
adding at the end the following:
``(36) the fleet vehicle credit determined under section
45R(a).''.
(c) Basis.--Section 1016(a) 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 paragraph:
``(38) to the extent provided in section 45R(d)(2).''.
(d) Conforming Amendments.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. Fleet vehicles.''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2008. | Vehicle Efficiency Heightening Investment Credit to Lift our Economy Act of 2009 - Amends the Internal Revenue Code to allow a business-related tax credit for the purchase of up to 15 fleet vehicles in a taxable year. Specifies the credit amount for each fleet vehicle depending upon its fuel economy value. Defines "fleet vehicle" as a passenger automobile, nonpassenger automobile, or work truck. Terminates such credit after 2010. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a business credit for the acquisition of fleet vehicles."} | 1,569 | 98 | 0.584603 | 1.346209 | 0.888648 | 2.846154 | 17.897436 | 0.820513 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Identification Card Act
2015''.
SEC. 2. VETERANS IDENTIFICATION CARD.
(a) Findings.--Congress makes the following findings:
(1) Effective on the day before the date of the enactment of
this Act, veteran identification cards were issued to veterans who
have either completed the statutory time-in-service requirement for
retirement from the Armed Forces or who have received a medical-
related discharge from the Armed Forces.
(2) Effective on the day before the date of the enactment of
this Act, a veteran who served a minimum obligated time in service,
but who did not meet the criteria described in paragraph (1), did
not receive a means of identifying the veteran's status as a
veteran other than using the Department of Defense form DD-214
discharge papers of the veteran.
(3) Goods, services, and promotional activities are often
offered by public and private institutions to veterans who
demonstrate proof of service in the military, but it is impractical
for a veteran to always carry Department of Defense form DD-214
discharge papers to demonstrate such proof.
(4) A general purpose veteran identification card made
available to veterans would be useful to demonstrate the status of
the veterans without having to carry and use official Department of
Defense form DD-214 discharge papers.
(5) On the day before the date of the enactment of this Act,
the Department of Veterans Affairs had the infrastructure in place
across the United States to produce photographic identification
cards and accept a small payment to cover the cost of these cards.
(b) Provision of Veteran Identification Cards.--Chapter 57 of title
38, United States Code, is amended by adding after section 5705 the
following new section:
``Sec. 5706. Veterans identification card
``(a) In General.--The Secretary of Veterans Affairs shall issue an
identification card described in subsection (b) to each veteran who--
``(1) requests such card;
``(2) presents a copy of Department of Defense form DD-214 or
other official document from the official military personnel file
of the veteran that describes the service of the veteran; and
``(3) pays the fee under subsection (c)(1).
``(b) Identification Card.--An identification card described in
this subsection is a card issued to a veteran that--
``(1) displays a photograph of the veteran;
``(2) displays the name of the veteran;
``(3) explains that such card is not proof of any benefits to
which the veteran is entitled to;
``(4) contains an identification number that is not a social
security number; and
``(5) serves as proof that such veteran--
``(A) served in the Armed Forces; and
``(B) has a Department of Defense form DD-214 or other
official document in the official military personnel file of
the veteran that describes the service of the veteran.
``(c) Costs of Card.--(1) The Secretary shall charge a fee to each
veteran who receives an identification card issued under this section,
including a replacement identification card.
``(2)(A) The fee charged under paragraph (1) shall equal such
amount as the Secretary determines is necessary to issue an
identification card under this section.
``(B) In determining the amount of the fee under subparagraph (A),
the Secretary shall ensure that the total amount of fees collected
under paragraph (1) equals an amount necessary to carry out this
section, including costs related to any additional equipment or
personnel required to carry out this section.
``(C) The Secretary shall review and reassess the determination
under subparagraph (A) during each five-year period in which the
Secretary issues an identification card under this section.
``(3) Amounts collected under this subsection shall be deposited in
an account of the Department available to carry out this section.
Amounts so deposited shall be--
``(A) merged with amounts in such account;
``(B) available in such amounts as may be provided in
appropriation Acts; and
``(C) subject to the same conditions and limitations as amounts
otherwise in such account.
``(d) Effect of Card on Benefits.--(1) An identification card
issued under this section shall not serve as proof of any benefits that
the veteran may be entitled to under this title.
``(2) A veteran who is issued an identification card under this
section shall not be entitled to any benefits under this title by
reason of possessing such card.
``(e) Administrative Measures.--(1) The Secretary shall ensure that
any information collected or used with respect to an identification
card issued under this section is appropriately secured.
``(2) The Secretary may determine any appropriate procedures with
respect to issuing a replacement identification card.
``(3) In carrying out this section, the Secretary shall coordinate
with the National Personnel Records Center.
``(4) The Secretary may conduct such outreach to advertise the
identification card under this section as the Secretary considers
appropriate.
``(f) Construction.--This section shall not be construed to affect
identification cards otherwise provided by the Secretary to veterans
enrolled in the health care system established under section 1705(a) of
this title.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5705 the following new item:
``5706. Veterans identification card.''.
(d) Effective Date.--The amendments made by this Act shall take
effect on the date that is 60 days after the date of the enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on June 22, 2015. Veteran's Identification Card Act of 2015 (Sec. 2) Directs the Department of Veterans Affairs (VA) to issue a veteran's identification card to a requesting veteran who is neither entitled to military retired pay nor enrolled in the VA system of patient enrollment. Requires such card, among other things, to: (1) display the veteran's name and photograph, and (2) serve as proof that the veteran has a DD-214 form or other official document in his or her military personnel file that describes the veteran's military service. Directs VA to charge a card fee. States that such card shall not serve as proof of entitlement to any benefits. | {"src": "billsum_train", "title": "Veterans Identification Card Act 2015"} | 1,248 | 161 | 0.614628 | 1.789868 | 0.626123 | 1.834437 | 8.019868 | 0.801325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Non-Coal Producing Company
Relief Act''.
SEC. 2. REDUCTION IN CONTRIBUTIONS OF CERTAIN PERSONS TO COAL MINERS
COMBINED BENEFIT FUND.
(a) In General.--Part II of subchapter B of chapter 99 of the
Internal Revenue Code of 1986 (relating to financing of Combined
Benefit Fund) is amended by inserting after section 9704 the following
new section:
``SEC. 9704A. REDUCTIONS IN ANNUAL PREMIUMS OF CERTAIN ASSIGNED
OPERATORS.
``(a) General Rule.--The annual premium of an assigned operator
under section 9704(a) shall--
``(1) in the case of an eligible small assigned operator,
be reduced as provided in subsection (b), and
``(2) in any case in which there is a surplus in the
Combined Fund to which subsection (c) applies, be reduced as
provided in subsection (c).
``(b) Reductions for Eligible Small Assigned Operators.--
``(1) In general.--If this subsection applies to an
eligible small assigned operator for any plan year of the
Combined Fund, the annual premium under section 9704(a) for
such operator for such plan year shall not exceed 5 percent of
the operator's average annual taxable income for purposes of
chapter 1 for the 5-taxable year period ending with the
operator's most recent taxable year ending before the beginning
of the plan year.
``(2) Years to which subsection applies.--
``(A) In general.--This subsection shall apply to
any plan year of the Combined Fund--
``(i) which begins before October 1, 1998,
``(ii) which begins after September 30,
1998, and before October 1, 2003, but only if
the Combined Fund has a surplus as of the close
of the plan year ending September 30, 1998,
equal to or greater than $150,000,000, or
``(iii) which begins after September 30,
2003, but only if the Combined Fund has a
surplus as of the close of the plan year ending
September 30, 2003, equal to or greater than
$100,000,000.
``(B) Coordination with surplus reductions.--This
subsection shall not apply to any eligible small
assigned operator for any plan year for which no annual
premium is imposed on such operator by reason of
subsection (c).
``(3) Eligible small assigned operators.--For purposes of
this section--
``(A) In general.--The term `eligible small
assigned operator' means any assigned operator--
``(i) the average annual gross income of
which for purposes of chapter 1 for the 5-
taxable year period ending with the operator's
most recent taxable year ending before October
1, 1993, did not exceed $25,000,000, and
``(ii) which is not engaged in the
production of coal for the plan year for which
the determination is being made.
For purposes of this subparagraph, production by a
related person shall be treated as production by the
assigned operator.
``(B) Production of coal.--For purposes of
subparagraph (A), an assigned operator or related
person shall be treated as engaged in the production of
coal if it has employed employees in--
``(i) the extraction of coal, or
``(ii) the preparation, processing, or
changing of coal for sale.
``(4) Aggregation rules.--In determining gross income or
taxable income for purposes of this section, an assigned
operator and any related persons shall be treated as 1 person.
``(c) Reductions Based Upon Fund Surplus.--
``(1) Assigned operators.--If, as of the close of any plan
year ending after September 30, 1997, the Combined Fund has a
surplus equal to or greater than 50 percent of the net expenses
of the Combined Fund for the plan year, no annual premium shall
be imposed under section 9704(a) on any eligible small assigned
operator for the succeeding plan year.
``(2) Other operators.--If, as of the close of any plan
year ending after September 30, 1997, the Combined Fund has a
surplus equal to or greater than 100 percent of the net
expenses of the Combined Fund for the plan year, the annual
premium under section 9704(a) for the succeeding plan year of
any assigned operator other than an eligible small assigned
operator shall be reduced by an amount which bears the same
ratio to the surplus in excess of 100 percent of the net
expenses of the Combined Fund for the plan year as--
``(A) such assigned operator's applicable
percentage (expressed as a whole number), bears to
``(B) the sum of the applicable percentages
(expressed as whole numbers) of all assigned operators
other than eligible small assigned operators.
``(d) Overall Limitation.--
``(1) In general.--In no event shall the total reductions
in annual premiums payable to the Combined Fund under this
section for any plan year exceed $5,000,000.
``(2) Calculation of reductions.--For purposes of paragraph
(1), the total reductions in annual premiums for any plan year
shall not include any reductions under this section in premiums
payable by an eligible small assigned operator who, prior to
the date of the enactment of this section, has not paid at
least 50 percent of the premiums assessed such assigned
operator for the period October 1, 1994, through June 30, 1995.
``(3) Ordering rule.--Any decrease in premium reductions
under this section for any plan year by reason of paragraph (1)
shall be applied first against the reductions under subsection
(b) and then against reductions under subsection (c). Any such
decreases shall be made ratably among operators.
``(e) Computation of Surplus.--For purposes of this section, any
determination of a surplus in the Combined Fund--
``(1) shall be calculated on an accrual basis,
``(2) shall be made and certified by an independent auditor
retained by the trustees, and
``(3) once so certified, shall be reviewable by a court of
law only to determine if such determination is reasonable.
A determination shall be considered reasonable for purposes of
paragraph (3) if it is made in accordance with generally accepted
accounting principles and is based on assumptions which, in the
aggregate, are reasonable.''
(b) Conforming Amendment.--The table of sections for part II of
subchapter B of chapter 99 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 9704 the
following new item:
``Sec. 9704A. Reductions in annual premiums of certain assigned
operators.''
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after January 31, 1993.
SEC. 3. WAIVER OF PENALTIES.
(a) In General.--In the case of an eligible small assigned operator
(as defined in section 9704A(b)(3) of the Internal Revenue Code of
1986, as added by section 1), no penalty shall be imposed under section
9707 of such Code on any failure of such operator to pay any
installment of a premium due under section 9704 of such Code before
January 1, 1996, if the operator pays such installment before such
date. For purposes of this subsection, the amount of the installment
shall be determined after application of the amendments made by section
1.
(b) Compliance.--An operator shall not be treated as failing to
meet the requirements of subsection (a) with respect to any installment
if--
(1) the failure to pay the installment before January 1,
1996, was due to reasonable cause and not to willful neglect,
and
(2) the failure is corrected within 90 days of the later
of--
(A) notice of the failure, or
(B) a final administrative or judicial
determination of the amount of the installment which is
not reviewable or appealable. | Small Non-Coal Producing Company Relief Act - Amends the Internal Revenue Code to: (1) limit annual premiums paid to the United Mine Workers of America Combined Benefit Fund by eligible small assigned operators; and (2) eliminate (for assigned operators) or reduce (for other operators) premiums for any year in which the Fund has a surplus over a certain level. Defines an eligible small assigned operator as one having a five-year average annual gross income under a specified amount and not being engaged in the production of coal for the year involved. Limits overall premium reductions under the amendments made by this Act. | {"src": "billsum_train", "title": "Small Non-Coal Producing Company Relief Act"} | 1,761 | 133 | 0.605407 | 1.550106 | 0.674152 | 2.289256 | 13.545455 | 0.834711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Digital Television Consumer
Education Act''.
SEC. 2. LABELING AND CONSUMER EDUCATION.
Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Labeling and Consumer Education.--
``(1) Requirements for retail distributors and other
vendors.--
``(A) Retail distributors.--Any retail distributor
of any television receiving equipment described in
section 303(s) that does not include a digital tuner
shall--
``(i) effective 90 days after the date of
enactment of the National Digital Television
Consumer Education Act, place adjacent to each
unit of such equipment that such distributor
displays for sale or rent a consumer alert as
provided by the manufacturer pursuant to
paragraph (2), except that such distributor
shall not be required to affix such label to
the television screen on such equipment, as
long as the label is--
``(I) in the close vicinity of, and
associated with, the unit on display;
and
``(II) clearly visible to
consumers; and
``(ii) effective 90 days after the
enactment of the National Digital Television
Consumer Education Act, provide information to
consumers, on signs and in pamphlet form, in
the display area for product categories that
include any television receiving equipment
described in section 303(s) that does not
include a digital tuner television, sufficient
to convey the information carried in the
consumer advisory label. Such signs and
pamphlets shall also include information on
recycling old televisions, computer monitors,
computer central processing units, fax
machines, and scanners and other consumer
electronics.
``(B) Other vendors.--Effective 90 days after the
date of enactment of the National Digital Television
Consumer Education Act, any seller via direct mail,
catalog, or electronic means, such as the Internet, of
any television receiving equipment described in section
303(s) that does not include a digital tuner, shall
include in clear and conspicuous print the consumer
alert required by paragraph (2) at the point of display
for the apparatus, or, if there is no display, at the
point of sale. Such information shall also include
information on recycling old televisions and other
consumer electronics.
``(2) Consumer alert.--The consumer alert required by this
paragraph shall display in clear and conspicuous print, the
following consumer alert:
``Consumer Alert
``This TV has only an analog broadcast tuner and
will require a converter box after February 17, 2009,
to receive over-the-air broadcasts with an antenna
because of the Nation's transition to digital
broadcasting. The TV should continue to work as before
with cable and satellite TV services, gaming consoles,
VCRs, DVD players, and similar products. For more
information, call the Federal Communications Commission
at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the
Commission's digital television website at:
www.dtv.gov.
``Nuncio Consumidor
``Esta TV tiene solo un sintonizador de emision
analogo y por lo tanto requerira una caja de conversion
despues del 17 de febrero de 2009 para recibir
emisiones de TV terrestre con una antena, debido a la
transicion nacional a la emision de TV digital. Esta
continuara funcionando igualmente con TV por cable,
sistema de TV satelite, consolas de juegos,
videograbadoras, reproductores de DVD y productos
similares. Si requiere mas informacion llame a la
Comision Federal de Comunicaciones al 1-888-225-5322
(TTY: 1-888-835-5322) o visite el sitio web de la
Comision en www.dtv.gov.
``(3) Other devices.--For devices other than television
sets that are included in section 303(s) and that contain an
analog tuner, but not a digital tuner, the Commission shall
require the clear and conspicuous placement of a comparable
consumer advisory label on such devices, as well as on the
outside of the retail packaging of such devices.
``(4) Additional disclosures.--
``(A) Announcements and notices required.--From
November 1, 2007, through March 31, 2009--
``(i) each television broadcaster shall
air, at a minimum, 120 seconds per day of
public service announcements between the hours
of 6 a.m. and 11:35 p.m., at variable time
slots throughout the week, with at least half
aired between the hours of 5 p.m. and 11:35
p.m.; and
``(ii) any multichannel video program
distributor shall include a notice in or with
each periodic bill.
``(B) Content of announcements and notices.--The
announcements and notices required by this paragraph
shall educate consumers about the deadline for
termination of analog television broadcasting and the
equipment options consumers have after such
termination. Announcements aired and notices
distributed after January 1, 2008, shall also educate
consumers about the need for and availability of the
converter box voucher program and the steps to redeem
the voucher.
``(5) Advisory committee.--
``(A) Establishment.--The Commission shall, after
consultation with the National Telecommunications and
Information Administration and the Federal Trade
Commission, create a DTV Transition Federal Advisory
Committee to lead the effort to educate the public
about the digital television transition and to ensure
that the public knows the information described in
paragraph (3)(B). Such consumer education shall
commence no later than January 1, 2008.
``(B) Composition.--The committee shall be composed
of representatives from the following groups:
commercial broadcasters, noncommercial broadcasters,
cable operators, satellite providers, retailers and
manufacturers of consumer electronics equipment,
electronic recyclers, minority groups, Hispanic
Americans, Americans whose primary language is not
English, Americans with disabilities, Americans living
in rural communities, general business, senior
citizens, commercial advertising, and consumers in
general.
``(C) Advisory committee role.--The committee
shall--
``(i) develop a comprehensive education
plan for consumers regarding the digital
television transition which includes--
``(I) specific and targeted
messages to reach various consumer
constituencies (such as low income,
minorities, Spanish-speaking, and the
elderly);
``(II) best methods to deliver the
message to affected consumers;
``(III) implementation of the plan;
``(IV) website information and
toll-free numbers; and
``(V) information on recycling old
televisions and other consumer
electronics;
``(ii) coordinate with stakeholders to
ensure that the transition is properly
implemented; and
``(iii) report to Congress every 6 months
on how the transition is progressing.
``(D) First meeting.--The advisory committee shall
conduct its first meeting within 60 days after the date
of enactment of the National Digital Television
Consumer Education Act.
``(6) Commission information services.--
``(A) Toll-free line and website.--The Commission's
toll-free number for consumers information and the
Commission's Internet website shall provide information
concerning the digital television transition, in the
English and Spanish languages, not later than January
1, 2008.
``(B) Advertising.--The Commission is authorized
and required to use funds available for consumer
information activities to obtain advertising in public
transportation vehicles and facilities to provide
information concerning the digital television
transition.''.
SEC. 3. DIGITAL TELEVISION CONSUMER EDUCATION GRANT PROGRAM.
Part C of the National Telecommunications and Information
Administration Organization Act is amended by inserting after section
158 (47 U.S.C. 942) the following new section:
``SEC. 159. DIGITAL TELEVISION CONSUMER EDUCATION GRANT PROGRAM.
``(a) Program Authorized.--The Assistant Secretary of Commerce for
Communications and Information is authorized to establish a temporary
grant program for the purpose of coordinating and leading a nationwide
consumer education and outreach campaign regarding America's conversion
to digital television.
``(b) Single Grant.--No later than January 1, 2008, and ending no
earlier than March 31, 2009, the Assistant Secretary shall award a
single grant from the program authorized by this section to one
qualified entity.
``(c) Qualified Entity.--For purposes of this section, the term
`qualified entity' shall be a corporation, organized under section
501(c)(3) of the Internal Revenue Code of 1986, that represents the
interests of local noncommercial television stations at the national
level, and consults with commercial broadcasters, consumer equipment
manufacturers, electronics retailers, cable and satellite operators,
consumer groups, older Americans, Hispanic Americans, Americans whose
primary language is not English, Americans with disabilities, and
Americans living in rural communities.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2008. Such sums are authorized to remain available subject to
subsection (e).
``(e) Termination.--Expenditures for the grant program under this
section shall terminate on March 31, 2009.''. | National Digital Television Consumer Education Act - Amends the Communications Act of 1934 to require retail distributors of television receiving equipment (TVs) to place adjacent to each unit displayed for sale a consumer alert in English and Spanish that the TV has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna. Imposes similar requirements on sellers that use direct mail, catalog, or electronic means such as the Internet. Requires broadcaster public service announcements about the deadline for termination of analog TV broadcasting and the equipment options for consumers following such termination.
Directs the Federal Communications Commission (FCC) to create a DTV Transition Federal Advisory Committee to educate the public about the digital television transition. Requires such education to commence by January 1, 2008. Requires the FCC to use funds available for consumer information activities to obtain advertising in public transportation vehicles and facilities to provide information concerning the digital television transition.
Amends the National Telecommunications and Information Administration Organization Act to authorize the Assistant Secretary of Commerce for Communications and Information to establish a temporary grant program to coordinate and lead a nationwide consumer education and outreach campaign regarding America's conversion to digital television. | {"src": "billsum_train", "title": "To provide American consumers information about the broadcast television transition from an analog to a digital format."} | 2,112 | 262 | 0.577822 | 1.621189 | 0.806996 | 4.326087 | 8.243478 | 0.943478 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Tax Lien Simplification Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The present decentralized system for filing Federal tax
liens in local property offices, which was established before
the advent of modern computers, the Internet, and e-government
programs, is inefficient, burdensome, and expensive.
(2) Current technology permits the creation of a
centralized Federal tax lien filing system which can provide
for enhanced public notice of and access to accurate tax lien
information in a manner that is more efficient, more timely,
and less burdensome than the existing tax lien filing system;
which would expedite the release of liens; and which would be
less expensive for both taxpayers and users.
(b) Purpose.--The purpose of this Act is to simplify and modernize
the process for filing notices of Federal tax liens, to improve public
access to tax lien information, and to save taxpayer dollars by
establishing a nationwide, Internet accessible, and fully searchable
filing system for Federal tax liens which would replace the current
system of local tax lien filings.
SEC. 3. NATIONAL TAX LIEN FILING SYSTEM.
(a) Filing of Notice of Lien.--Subsection (f) of section 6323 of
the Internal Revenue Code of 1986 is amended to read as follows:
``(f) Filing of Notice; Form.--
``(1) Filing of notice.--The notice referred to in
subsection (a) shall be filed in the Federal tax lien registry
operated under subsection (k). The filing of a notice of lien,
or a certificate of release, discharge, subordination, or
nonattachment of lien, or a notice of withdrawal of a notice of
lien, in the Federal tax lien registry shall be effective for
purposes of determining lien priority regardless of the nature
or location of the property interest to which the lien
attaches.
``(2) Form.--The form and content of the notice referred to
in subsection (a) shall be prescribed by the Secretary. Such
notice shall be valid notwithstanding any other provision of
law regarding the form or content of a notice of lien.
``(3) Other national filing systems.--Once the Federal tax
lien registry is operational under subsection (k), the filing
of a notice of lien shall be governed by this title and shall
not be subject to any other Federal law establishing a place or
places for the filing of liens or encumbrances under a national
filing system.''.
(b) Refiling of Notice.--Paragraph (2) of section 6323(g) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(2) Refiling.--A notice of lien may be refiled in the
Federal tax lien registry operated under subsection (k).''.
(c) Release of Tax Liens or Discharge of Property.--
(1) In general.--Section 6325(a) of the Internal Revenue
Code of 1986 is amended by inserting ``, and shall cause the
certificate of release to be filed in the Federal tax lien
registry operated under section 6323(k),'' after ``internal
revenue tax''.
(2) Release of tax liens expedited from 30 to 20 days.--
Section 6325(a) of such Code is amended by striking ``not later
than 30 days'' and inserting ``not later than 20 days''.
(3) Discharge of property from lien.--Section 6325(b) of
such Code is amended--
(A) by inserting ``, and shall cause the
certificate of discharge to be filed in the Federal tax
lien registry operated under section 6323(k),'' after
``under this chapter'' in paragraph (1),
(B) by inserting ``, and shall cause the
certificate of discharge to be filed in such Federal
tax lien registry,'' after ``property subject to the
lien'' in paragraph (2),
(C) by inserting ``, and shall cause the
certificate of discharge to be filed in such Federal
tax lien registry,'' after ``property subject to the
lien'' in paragraph (3), and
(D) by inserting ``, and shall cause the
certificate of discharge of property to be filed in
such Federal tax lien registry,'' after ``certificate
of discharge of such property'' in paragraph (4).
(4) Discharge of property from estate or gift tax lien.--
Section 6325(c) of such Code is amended by inserting ``, and
shall cause the certificate of discharge to be filed in the
Federal tax lien registry operated under section 6323(k),''
after ``imposed by section 6324''.
(5) Subordination of lien.--Section 6325(d) of such Code is
amended by inserting ``, and shall cause the certificate of
subordination to be filed in the Federal tax lien registry
operated under section 6323(k),'' after ``subject to such
lien''.
(6) Nonattachment of lien.--Section 6325(e) of such Code is
amended by inserting ``, and shall cause the certificate of
nonattachment to be filed in the Federal tax lien registry
operated under section 6323(k),'' after ``property of such
person''.
(7) Effect of certificate.--Paragraphs (1) and (2)(B) of
section 6325(f) of such Code are each amended by striking ``in
the same office as the notice of lien to which it relates is
filed (if such notice of lien has been filed)'' and inserting
``in the Federal tax lien registry operated under section
6323(k)''.
(8) Release following administrative appeal.--Section
6326(b) of such Code is amended--
(A) by striking ``and shall include'' and insert
``, shall include'', and
(B) by inserting ``, and shall cause the
certificate of release to be filed in the Federal tax
lien registry operated under section 6323(k),'' after
``erroneous''.
(9) Withdrawal of notice.--Section 6323(j)(1) of such Code
is amended by striking ``at the same office as the withdrawn
notice'' and inserting ``in the Federal tax lien registry
operated under section 6323(k)''.
(10) Conforming amendments.--Section 6325 of such Code is
amended by striking subsection (g) and by redesignating
subsection (h) as subsection (g).
(d) Federal Tax Lien Registry.--Section 6323 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subsection:
``(k) Federal Tax Lien Registry.--
``(1) In general.--The Federal tax lien registry operated
under this subsection shall be established and maintained by
the Secretary and shall be accessible to and searchable by the
public through the Internet at no cost to access or search. The
registry shall identify the taxpayer to whom the Federal tax
lien applies and reflect the date and time the notice of lien
was filed, and shall be made searchable by, at a minimum,
taxpayer name, the State of the taxpayer's address as shown on
the notice of lien, the type of tax, and the tax period. The
registry shall also provide for the filing of certificates of
release, discharge, subordination, and nonattachment of Federal
tax liens, as authorized in sections 6325 and 6326, and may
provide for publishing such other documents or information with
respect to Federal tax liens as the Secretary may by regulation
provide under paragraph (2)(C).
``(2) Administrative action.--
``(A) In general.--The Secretary shall issue
regulations or other guidance providing for the
maintenance, reliability, accessibility, and use of the
Federal tax lien registry established under paragraph
(1). Such regulations or guidance shall address, among
other matters, issues related to periods during which
the registry may be unavailable for use due to routine
maintenance or other activities.
``(B) Fees.--The Secretary may charge a taxpayer's
account with a reasonable filing fee for each notice of
lien and each related certificate, notice, or other
filing recorded in the Federal tax lien registry with
respect to such taxpayer, in an amount determined by
the Secretary to be sufficient to defray the costs of
operating the registry. The Secretary may also charge a
reasonable fee to any person who requests and receives
under section 6323(d)(1) information or a certified
copy of a filing in the Federal tax lien registry to
defray the costs of providing such information or
copies.
``(C) Filing of other items on registry.--The
Secretary may, by regulation, provide for the filing of
items on the registry other than Federal tax liens,
including criminal fine judgments under section 3613 of
title 18, United States Code, and civil judgments under
section 3201 of such title, if the Secretary determines
that it would be useful and appropriate to do so.''.
(e) Certified Copies of Information From Registry.--Section 6323 of
the Internal Revenue Code of 1986, as amended by subsection (d), is
amended by adding at the end the following new subsection:
``(l) Certified Copies of Information From Federal Registry.--The
Secretary shall make available in a certificate that can be admitted
into evidence in the courts of the United States without extrinsic
evidence of its authenticity the following information to any person
that submits a request in a form specified by the Secretary:
``(1) Whether there is on file in the Federal tax lien
registry operated under subsection (k) at a date and time
specified by the Secretary, but not a date earlier than 3 days
before the creation of the certificate, any notice of a lien
that--
``(A) designates a particular taxpayer,
``(B) has not been fully satisfied, become legally
unenforceable, or been released or withdrawn, and
``(C) if the request so states, has been fully
satisfied, become legally unenforceable, or been
released or withdrawn, and a record of which is
maintained on the registry at the time of filing of the
request,
``(2) the date and time of filing of and the information
provided in each notice of lien, and
``(3) if the request so states, the date and time of filing
of and the information provided in each certificate of release,
discharge, subordination, or non-attachment and each notice of
withdrawal recorded in the registry with respect to each notice
of lien.''.
(f) Effective Date; Implementation of Registry.--
(1) Effective date.--The amendments made by this section
shall take effect on the date determined by the Secretary of
the Treasury under paragraph (2)(E) and, except as provided in
paragraph (2)(F), shall apply to notices of liens filed after
such date.
(2) Implementation of federal tax lien registry.--
(A) Pilot project.--Prior to the implementation of
the Federal tax lien registry under section 6323(k)(1)
of the Internal Revenue Code of 1986 (as added by this
section), the Secretary of the Treasury, or the
Secretary's delegate, shall conduct and shall complete
by not later than 2 years after the date of the
enactment of this Act 1 or more pilot projects to test
the accessibility, reliability, and effectiveness of
the electronic systems designed to operate the
registry.
(B) GAO review.--Within 3 months after the
completion of such a pilot project, the Government
Accountability Office shall provide a written
evaluation of the project results and provide such
evaluation to the Secretary of the Treasury, the
Commissioner of Internal Revenue, and appropriate
committees in Congress. The Secretary and Commissioner
shall cooperate with, and provide information requested
by, the Government Accountability Office to enable the
evaluation to be completed by the date specified.
(C) Nationwide test.--Upon the completion of 1 or
more such pilot projects and after making a
determination that the electronic systems designed to
operate the Federal tax lien registry are sufficiently
accessible, reliable, and effective, the Secretary of
the Treasury, or the Secretary's delegate, shall
conduct a nationwide test of the Federal tax lien
registry to evaluate its capabilities and
functionality.
(D) Data protection.--Prior to the implementation
of such registry, the Secretary of the Treasury, or the
Secretary's delegate, shall take appropriate steps to--
(i) secure and prevent tampering with the
data recorded in the registry,
(ii) review the information currently
provided in public lien filings and determine
whether any such information should be excluded
or protected from public viewing in such
registry, and
(iii) develop a system, after consultation
with the States, industry, and other interested
parties, and after consideration of search
criteria developed for other public filing
systems including Article 9 of the Uniform
Commercial Code, that will enable users of the
registry, when examining tax lien information
for a taxpayer with a common name, to identify
through reasonable efforts the specific person
to whom such tax lien relates.
(E) Declaration of registry effective date.--Upon
the successful completion of a nationwide test of the
Federal tax lien registry system, the Secretary of the
Treasury shall determine and announce publicly a date
upon which the registry shall take effect and become
operational.
(F) Orderly transition.--In order to permit an
orderly transition to the Federal tax lien registry,
the Secretary of the Treasury may by regulation
prescribe for the continued filing of notices of
Federal tax liens in the offices of the States,
counties, and other governmental subdivisions after the
determination of an effective date under subparagraph
(E) under the provisions of section 6323(f) as in
effect before such effective date, for an appropriate
period not to exceed 2 years after such effective date. | Tax Lien Simplification Act - Amends the Internal Revenue Code to revise procedures for the filing of federal tax liens.
Direct the Secretary of the Treasury to: (1) establish and maintain a federal tax lien registry, in lieu of filing tax liens in local jurisdictions, which would be accessible to and searchable by the public through the Internet at no cost; (2) take appropriate steps to secure and prevent tampering with the data recorded in the registry; and (3) review the information in the registry to determine whether information in the registry should be excluded or protected from public viewing.
Establishes the priority of a federal tax lien based upon the date and time of the filing of a notice of lien in the federal tax lien registry.
Reduces the period for releasing satisfied or unenforceable tax liens from 30 to 20 days. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to simplify, modernize, and improve public notice of and access to tax lien information by providing for a national, Internet accessible, filing system for Federal tax liens, and for other purposes."} | 3,052 | 178 | 0.628777 | 1.86977 | 0.742152 | 3.397516 | 17.503106 | 0.913043 |
SECTION 1. BEST-IN-CLASS APPLIANCES DEPLOYMENT PROGRAM.
(a) In General.--The Secretary of Energy shall, in consultation
with the Administrator, establish and administer a program to be known
as the ``Best-in-Class Appliances Deployment Program''.
(b) Purpose.--The purpose of the Best-in-Class Appliances
Deployment Program is to reward retailers with bonuses for increasing
the sales of best-in-class high-efficiency installed building
equipment, high-efficiency consumer electronics, and high-efficiency
household appliance models, with the goal of reducing life-cycle costs
for consumers, encouraging innovation, and maximizing energy savings
and public benefit. The program shall include bounties under subsection
(c) to retailers for the replacement and recycling of old, inefficient,
and environmentally harmful appliances. The program shall also include
bonuses under subsection (d) to manufacturers for developing new
Superefficient Best-in-Class Products.
(c) Incentives for Sales of Best-in-Class Product Models.--
(1) Selection of best-in-class product models.--In
establishing the program, the Secretary of Energy shall use
broad product classes and select as qualifying Best-in-Class
Product models no more than the most efficient ten percent of
the commercially available product models in a class that
demonstrate, as a group, a distinctly greater energy efficiency
than the average energy efficiency of that class of appliances.
In selecting models, the Secretary shall--
(A) identify commercially available models in the
relevant class of products;
(B) identify the subgroup and percentage of those
models (not greater than 10 percent) that the Secretary
believes share the distinctly higher energy-efficiency
characteristics that warrant designation as best-in-
class;
(C) specify the higher energy-efficiency
characteristic they share;
(D) announce the best-in-class designation and the
best-in-class bonus to be paid for each sale of an
eligible best-in-class model over a 3-year period
beginning on the date of the announcement;
(E) add other models in that class to the list of
best-in-class models eligible for the bonus as they
demonstrate their ability to meet the higher-efficiency
characteristics on which the designation was made; and
(F) make bonus payments for qualifying models sold
during the 3-year period.
(2) Review of best-in-class standards.--The Secretary shall
review annually the product-specific criteria and the product
models that qualify as Best-in-Class Products and, after a 30-
day comment period, make upwards adjustments in the efficiency
criteria as required to maintain an appropriate ratio of such
product models to the total number of product models in the
product class.
(3) Upgrade of best-in-class product eligibility.--To the
extent that the Secretary determines to increase the energy
efficiency required to qualify for best-in-class designation
within any group of product models, the Secretary shall--
(A) consider any Superefficient Best-in-Class
Product models that have been designated pursuant to
subsection (d);
(B) specify and announce the new higher best-in-
class standard;
(C) list those models that qualify as best-in-class
under the new higher standard;
(D) announce any change in the bonus payment
appropriate to increase the market share of such best-
in-class models, which shall not be lower than any
ongoing bonus payment during the 3-year period for any
prior designation of best-in-class models;
(E) pay the new bonus payment for any models
already qualifying under the earlier best-in-class
standard that continue to qualify under the revised
standard for a new 3-year-period; and
(F) continue paying bonus payments at the original
level to any models that qualified at that level but do
not qualify at the new level for the remainder of the
3-year period announced with the original designation.
(4) Size of individual bonus payments.--The size of each
bonus payment shall be the product of--
(A) an amount determined by the Secretary; and
(B) the difference in energy consumption as
determined by comparing the energy used by the
qualifying product and the energy used by the average
product in the product class.
The Secretary shall determine the amount under subparagraph (A)
for each product type in consultation with State and utility
efficiency program administrators as well as the Administrator,
based on estimates of the amount of bonus payment that would
provide significant incentive to increase the market share of
Best-in-Class Products.
(5) Eligible bonus recipient.--(A) The Secretary shall
ensure that not more than 1 bonus payment is provided to
distributors and retailers per unit of eligible models sold.
(B) In this section--
(i) the term ``retailer'' means an individual,
organization, or company that sells products directly
to end-users; and
(ii) the term ``distributor'' mean an individual,
organization, or company that sells products in
multiple lots and not directly to individual end-users.
(C) The Secretary may make distributors eligible to receive
the best-in-class incentive for sales that are not to the final
end-user in addition to retailers to the extent that the
Secretary determines that for a particular product category
distributors are well situated to increase sales of Best-in-
Class Products.
(d) Bounties for Replacement and Retirement of Existing Low-
Efficiency Products.--
(1) The Secretary of Energy shall establish a program to
make a bounty payment for the recovery and recycling of older
operating low-efficiency appliances that might otherwise
continue in operation.
(2) The Secretary shall offer a bounty as an additional
incentive for retailers based on documentation that the sales
of a Best-in-Class Product were accompanied by the retirement
and recycling of an existing inefficient but still-functioning
product by the consumer to whom the Best-in-Class Product was
sold.
(3) The bounty payment shall be based on the difference
between the estimated energy use of the product replaced and
the energy use of an average new product in the product class,
discounted for the estimated remaining lifetime of the product
that was recycled.
(4) The Secretary may specify that the availability of a
product bonus related to sale of a Best-in-Class Product is
linked to the recovery and recycling of an older working
appliance, and may limit the total payment to less than the sum
of the bonus and the bounty payments, if not doing so would
mean that the Nation's total energy use would otherwise
increase.
(5) The Secretary shall ensure that no product for which a
bounty is paid is sold or returned to active service, but that
it is instead destroyed, and recycled to the extent feasible.
(6) The Secretary shall establish standards for
environmentally responsible methods of recycling, especially
for products utilizing refrigerants.
(e) Rewards to Manufacturers for Development of Superefficient
Best-in-Class Products.--
(1) In general.--(A) The Secretary of Energy shall
establish a program to reward manufacturers for the development
and production of Superefficient Best-in-Class Products.
(B) In this section, the term ``Superefficient Best-in-
Class Product'' means a product that--
(i) can be mass produced; and
(ii) achieves the highest level of efficiency that
the Secretary finds could be produced and sold
commercially to mass-market consumers.
(C) The Secretary may establish a standard for a
Superefficient Best-in-Class Product even if no existing
product exists, if the Secretary has reasonable grounds to
conclude that a mass-producable product could be made to meet
that standard.
(D) The Secretary may also establish a superefficient best-
in-class level that is met by one or more existing Best-in-
Class Product models if those product models have distinct
energy efficiency attributes and performance characteristics
that make them significantly better, in the judgment of the
Secretary, than those product models qualifying as best-in-
class, but that represent not more than 10 percent of the
currently qualifying best-in-class models.
(2) Reward.--
(A) The bonus payment provided to a manufacturer
for the development and production of a Superefficient
Best-in-Class Product shall be in addition to any bonus
payments made to retailers for best-in-class
qualification.
(B) The amount of the bonus paid per unit for
qualifying Superefficient Best-in-Class Product models
as sold to retailers or distributors shall be the
product of--
(i) an amount determined by the Secretary;
and
(ii) the difference in energy consumption
as determined by comparing the energy used by
the qualifying product and the energy used by
the average product in the product class.
(C) The Secretary shall determine the amount under
subparagraph (B)(i) for each product type by
considering the present value to the Nation of the
energy (and water or other resources or inputs) saved
over the useful life of the product, and may adjust
this value upward or downward after consultation with
State and utility efficiency program administrators as
well as the Administrator.
(D) The adjustment may also be made based on the
effect of the reward on the sales of products in
different classes that may be affected by this program.
(E) The incremental bonus payments shall be applied
to sales of any Superefficient Best-in-Class Product
for the first 3 years of its sale.
(3) Coordination of incentives.--No product for which
Federal tax credit is received under section 45M of the
Internal Revenue Code of 1986 shall be eligible to receive
bonus payments pursuant to this subsection.
(f) Reporting.--Each retailer, distributor, and manufacturer
participating in the program under this section shall meet any
reasonable request of the Secretary of Energy for documentation of
sales reported for purpose of receiving bonuses or bounties, and shall
report to the Secretary, on a confidential basis for program-design
purposes--
(1) for retailers and distributors, the number of units
sold within each product type and model-specific wholesale
purchase price on a monthly basis;
(2) for manufacturers, model-specific energy consumption
data; and
(3) for manufacturers, on an immediate basis, concerning
any product design or function changes that affect the energy
consumption of the unit.
(g) Auditing Requirements.--The Secretary of Energy shall establish
monitoring and verification protocols to ensure that energy consumption
tests for each model are recorded correctly and that sales of energy-
efficient models are tabulated correctly by each claimant of bonus or
bounty payments under this section. In addition, the Secretary may
require reports from retailers on the methods used to increase the
sales of qualifying products as a factor in determining the level and
allocation of any such payments.
(h) Disclosure.--The Secretary of Energy may require that retailers
and distributors disclose publicly and to consumers their participation
in the program under this section.
(i) Cost-Effectiveness Requirement.--
(1) Definitions.--In this subsection:
(A) Cost-effectiveness.--The term ``cost-
effectiveness'' means a measure of aggregate savings in
the cost of energy over the lifetime of the product as
a ratio to the cost to the Secretary of Energy of the
rewards for the product.
(B) Savings.--The term ``savings'' means the
cumulative megawatt-hours of electricity or million
British thermal units of other fuels saved by a
product, in comparison to projected energy consumption
based on the efficiency performance of displaced new
product sales. The amount of savings is the product
of--
(i) the net number of best-in-class or
superefficient best-in-class pieces of
equipment, electronics, and appliances sold by
a retailer, manufacturer, or distributor in a
calendar year;
(ii) the savings during the projected
useful life of the pieces of equipment,
electronics, and appliances; and
(iii) the impact of any documented measures
to retire and recycle low-performing devices at
the time of purchase of highly-efficient
substitutes.
(2) Requirement.--The Secretary shall make cost-
effectiveness a top priority in designing and administering
this section, except that the cost-effectiveness of the rewards
to manufacturers, in aggregate, may be lower by this measure
than that of the rewards to retailers and distributors.
(j) Authorization.--There are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2010 through 2014
to the Secretary of Energy for purposes of this section, of which not
more than 10 percent for any fiscal year may be expended on program
administration. | Establishes the Best-in-Class Appliances Deployment Program to reward retailers for increasing the sales of high-efficiency installed building equipment, consumer electronics, and household appliance models, with the goal of reducing life-cycle costs for consumers, encouraging innovation, and maximizing energy savings.
Requires that the program include: (1) bounties to retailers for replacing and recycling old, inefficient, and environmentally harmful appliances; and (2) bonuses to manufacturers for developing new Superefficient Best-in-Class Products.
Directs the Secretary of Energy to ensure that not more than one bonus payment is provided to distributors and retailers per unit of eligible models sold. Allows the Secretary to make distributors eligible to receive the incentive for sales that are not to end-users in addition to retailers if the Secretary determines that, for a particular product category, distributors are well situated to increase sales of Best-in-Class Products.
Makes any product that is eligible for an energy efficient appliance tax credit ineligible for a payment to a manufacturer under this Act.
Authorizes the Secretary to require that retailers and distributors disclose publicly and to consumers their participation in the program under this Act.
Directs the Secretary to make cost-effectiveness a top priority in designing and administering this Act, but allows the cost-effectiveness of the rewards to manufacturers, in aggregate, to be lower than that of the rewards to retailers and distributors. Defines "cost-effectiveness" as a measure of aggregate energy cost savings over the life of the product as a ratio to the cost of the rewards. | {"src": "billsum_train", "title": "To establish a Best-in-Class Appliances Deployment Program."} | 2,654 | 338 | 0.766966 | 2.687693 | 0.877311 | 4.837748 | 8.741722 | 0.930464 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Infrastructure Revitalization
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(2) State.--The term ``State'' means the State of North
Dakota.
SEC. 3. PROGRAM.
(a) Establishment.--The Secretary shall establish a program to
provide environmental assistance to non-Federal interests in the State.
(b) Form of Assistance.--Assistance under this Act may be provided
in the form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in the State, including projects for--
(1) wastewater treatment and related facilities;
(2) water supply and related facilities;
(3) environmental restoration; and
(4) surface water resource protection and development.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation and coordination with appropriate Federal,
State, and tribal officials and organizations
recognized under State law that are involved in Federal
water programs, of a facilities or resource protection
and development plan, including appropriate engineering
plans and specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project by the non-Federal
interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs
under each local cooperation agreement entered into
under this subsection--
(i) shall be 75 percent; and
(ii) may be in the form of grants or
reimbursements of project costs.
(B) Credit for design work.--The non-Federal
interest shall receive credit, not to exceed 6 percent
of the total construction costs of a project, for the
reasonable costs of design work completed by the non-
Federal interest before entering into a local
cooperation agreement with the Secretary for the
project.
(C) Credit for interest.--In case of a delay in the
funding of the Federal share of the costs of a project
that is the subject of an agreement under this section,
the non-Federal interest shall receive credit for
reasonable interest incurred in providing the Federal
share of the costs of the project.
(D) Land, easements, and rights-of-way credit.--The
non-Federal interest shall receive credit for land,
easements, rights-of-way, and relocations toward the
non-Federal share of project costs (including all
reasonable costs associated with obtaining permits
necessary for the construction, operation, and
maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of total
project costs.
(E) Consideration of water rate impacts for local
cost share.--
(i) In general.--The non-Federal share of
the cost of constructing a project under this
Act shall be reduced, using the national
affordability criteria for water rate
percentages relating to State average medium
household income developed by the Environmental
Protection Agency, by 5 percent for each \1/2\
percent by which the rate for affordability
relating to the project area exceeds the
average State-wide rate for affordability.
(ii) Multicounty projects.--With respect to
a multicounty project under this Act, the
average of all affordability rates applicable
in the area covered by the project shall be
used for the purpose of establishing the local
share of the costs of the project.
(F) Operation and maintenance.--The non-Federal
share of operation and maintenance costs for projects
constructed with assistance provided under this section
shall be 100 percent.
(e) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of any
provision of Federal or State law that would otherwise apply to a
project to be carried out with assistance provided under this section.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $60,000,000 for the period
beginning with fiscal year 2005, to remain available until expended. | Water Infrastructure Revitalization Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to establish a program to provide environmental assistance to non-Federal interests in North Dakota, which may be provided in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects.
Requires projects to be publicly owned as a prerequisite for assistance.
Directs the Secretary to enter into local cooperation agreements with non-Federal interests for project design and construction. Sets the Federal share of project costs under local cooperation agreements at 75 percent.
Requires a reduction in the non-Federal share of the cost of constructing projects under this Act, using a Federal formula for water rate affordability, where the rate for affordability relating to the project area exceeds the average State-wide rate by a specified percentage.
Sets the non-Federal share of operation and maintenance costs for projects constructed with assistance under this Act at 100 percent. | {"src": "billsum_train", "title": "A bill to provide environmental assistance to non-Federal interests in the State of North Dakota."} | 1,025 | 216 | 0.660842 | 1.791236 | 1.011226 | 4.318919 | 5.075676 | 0.913514 |
Section 1. Opportunity To Repurchase Surplus Real Property.--
Section 203 of the Federal and Administrative Services Act of 1949 (40
U.S.C. 484) is amended by adding at the end the following new
subsection:
``(r) Opportunity of Native Americans To Repurchase Surplus Real
Property.--
``(1) Definitions.--As used in this subsection--
``(A) Administrator.--The term `administrator'
means the Administrator of the General Services
Administration.
``(B) Base closure law.--The term `base closure
law' means--
``(i) title II of the Defense Authorization
Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note);
``(ii) the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note);
``(iii) the Defense Base Closure and
Realignment Act of 1993 (title XXIX of Public
Law 103-160; 10 U.S.C. 2687 note);
``(iv) part B of title XXVIII of the
National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337; 10 U.S.C. 2687
note);
``(v) the Base Closure Community
Redevelopment and Homeless Assistance Act of
1994 (Public Law 103-421); and
``(vi) any other law providing for the
disposition of real property in connection with
military base closures or realignments or the
use of proceeds resulting from such disposition
of real property.
``(C) Depreciated value.--The term `depreciated
value' means, with respect to a building, the
replacement cost of the building, reduced by all forms
of depreciation.
``(D) Native american trust organization.--The term
`Native American Trust Organization' means an
organization that has held land in trust for the
benefit of Native Americans, as defined in section
16(10) of the National Museum of the American Indian
Act (20 U.S.C. 80q-14(10)).
``(E) Notice of intent to repurchase.--The term
`notice of intent to repurchase' means a written notice
from a Native American Trust Organization to the
Administrator that such Native American Trust
Organization intends to repurchase all or part of
qualified property at its fair market value on terms
provided in regulations promulgated under this
subsection.
``(F) Qualified property.--The term `qualified
property' means all or any part of surplus property--
``(i) that was acquired by the Federal
Government from a Native American Trust
Organization by any means; and
``(ii) that is real property located in the
State of Hawaii.
``(G) Trust fund.--The term `trust fund' means the
Shared Appreciation Trust Fund established pursuant to
paragraph (5).
``(2) Notice.--Notwithstanding any other provision of this
section, the first section of the Act entitled `An Act to
provide for the disposition, control, and use of surplus real
property acquired by Federal agencies, and for other purposes,'
approved August 27, 1935 (popularly known as the `Surplus Real
Property Disposal Act') (49 Stat. 885, chapter 744; 40 U.S.C.
304a) or any base closure law, no qualified property shall be
disposed of under any other provision of this section or the
first section of the Act popularly known as the `Surplus Real
Property Disposal Act' or any base closure law if, not later
than 90 days after the date on which such real property is
determined to be surplus property--
``(A) a Native American Trust Organization has
notified the Administrator that the United States
acquired such property from such Native American Trust
Organization; and
``(B) such Native American Trust Organization has
submitted to the Administrator a notice of intent to
repurchase all or part of the qualified property at the
fair market value of such qualified property.
``(3) Listed properties.--
``(A) In general.--Any Native American Trust
Organization may submit to the Administrator a list of
properties which were acquired from such Native
American Trust Organization by the United States and
which become qualified properties if such properties.
``(B) Notice.--The Administrator shall provide
written notice to the applicable Native American Trust
Organization of any determination by the Administrator
that any qualified property acquired from the Native
American Trust Organization is surplus property. Not
later than 90 days after receiving such notice, the
Native American Trust Organization may submit to the
Administrator a notice of intent to repurchase with
respect to such qualified property.
``(4) Disposal of qualified properties.--
``(A) Sale to native american trust organization.--
If a Native American Trust Organization submits a
timely notice of intent to repurchase qualified
property pursuant to paragraph (2) or (3), the United
States shall offer to enter into a contract with the
Native American Trust Organization for the sale and
purchase of such qualified property in accordance with
regulations promulgated under this subsection.
``(B) Disposal of qualified property under other
provisions.--If, with respect to any qualified
property, the applicable Native American Trust
Organization fails to--
``(i) submit a timely notice of intent to
repurchase;
``(ii) enter into a contract for sale or
purchase as described in subparagraph (A); or
``(iii) tender performance at closing under
a contract for sale or purchase, the
Administrator may dispose of such qualified
property in accordance with other applicable
provisions of this section or any applicable
base closure law.
``(5) Establishment of shared appreciation trust fund.--
There is authorized to be established in the Treasury of the
United States a trust fund, to be known as the `Shared
Appreciation Trust Fund'. The trust fund shall consist of such
amounts as are transferred to the trust fund pursuant to
paragraph (6) and any interest earned on the investment of
amounts in the trust fund under paragraph (7).
``(6) Deposits in trust fund.--
``(A) In general.--Notwithstanding section 204, any
base closure law, or any other law providing for the
transfer, deposit or use of proceeds from the
disposition of property, the Secretary of the Treasury
shall transfer to the trust fund, from the proceeds
received by the United States from the sale of
qualified property, an amount equal to the difference
between--
``(i) the proceeds received by the United
States from the sale of such qualified
property, and
``(ii) the sum of--
``(I) the amount paid by the United
States as consideration for the
acquisition of such qualified property;
``(II) the interest on the amount
of such consideration calculated in
accordance with subparagraph (B); and
``(III) the aggregate depreciated
value of all buildings that were
constructed on such qualified property
after the date such property was
acquired by the United States.
``(B) Determination of interest.--The interest
referred to in subparagraph (A)(ii)(b) shall be
considered to have accrued on the amount paid by the
United States as consideration for the acquisition of
qualified property during each year at a rate which is
equal to the average annual yield of all Treasury bonds
issued during such year. Such interest shall be
compounded annually.
``(7) Investment of trust fund.--The Secretary of the
Treasury shall invest the trust fund corpus in interest-bearing
obligations of the United States or in obligations guaranteed
as to both principal and interest by the United States.
``(8) Withdrawals and expenditures from trust fund.--The
Secretary of the Treasury may not make a withdrawal or
expenditure from the trust fund corpus. The Secretary of the
Treasury shall withdraw income of the trust fund only for the
uses described in paragraph (9).
``(9) Use of trust fund income.--The Secretary of the
Treasury shall on at least an annual basis, withdraw income of
the trust fund to fund activities which are--
``(A) conducted for--
``(i) the education of Native Hawaiian
pursuant to title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
4901, et seq.);
``(ii) Native Hawaiian health scholarships
pursuant to section 338K of the Public Health
Service Act (42 U.S.C. 254s);
``(iii) Native Hawaiian health care
pursuant to the Native Hawaiian Health Care
Improvement Act of 1988 (42 U.S.C. 11601, et
seq.); or
``(iv) any combination of subparagraphs
(i), (ii) or (iii); and
``(B) consistent with the purposes of the
establishment of the Native American Trust Organization
which owned the property to which the trust funds
generating the income are attributable.''
``(10) Exemption of qualified property from certain laws.--
No real property which would become qualified property if it
were declared to be surplus property shall be published as
available for application for use to assist the homeless or
otherwise made available to assist the homeless pursuant to the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411,
et seq.) or shall be disposed of pursuant to any base closure
law unless such real property has become eligible to be
disposed of pursuant to subparagraph 4(B).''. | Amends the Federal and Administrative Services Act of 1949 to authorize Native American Trust Organizations to repurchase surplus Federal real property that was acquired from an Organization or is located in Hawaii.
Authorizes the establishment in the Treasury of a related Shared Appreciation Trust Fund. | {"src": "billsum_train", "title": "A bill to provide for the repurchase of land acquired by the United States from Native American organizations, and for other purposes."} | 2,109 | 59 | 0.520897 | 1.282967 | 0.683516 | 3.0625 | 40.354167 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Injury Compensation Reform
Act of 1993''.
SEC. 2. GENERAL PROVISIONS.
(a) Congressional Findings.--
(1) Effect on interstate commerce.--The Congress finds that
the health care and insurance industries are industries
affecting interstate commerce and the medical malpractice
litigation systems existing throughout the United States affect
interstate commerce by contributing to the high cost of health
care and premiums for malpractice insurance purchased by health
care providers.
(2) Effect on federal spending.--The Congress finds that
the medical malpractice litigation systems existing throughout
the United States have a significant effect on the amount,
distribution, and use of Federal funds because of--
(A) the large number of individuals who receive
health care benefits under programs operated or
financed by the Federal Government;
(B) the large number of individuals who benefit
because of the exclusion from Federal taxes of the
amounts spent by their employers to provide them with
health insurance benefits;
(C) the large number of health care providers and
health care professionals who provide items or services
for which the Federal Government makes payments; and
(D) the large number of such providers and
professionals who have received direct or indirect
financial assistance from the Federal Government
because of their status as such professionals or
providers.
(b) Applicability.--This Act shall apply with respect to any
medical malpractice liability claim and to any medical malpractice
liability action brought in any State or Federal court, except that
this Act shall not apply to--
(1) a claim or action for damages arising from a vaccine-
related injury or death to the extent that title XXI of the
Public Health Service Act applies to the claim or action; or
(2) a claim or action in which the claimant's sole
allegation is an allegation of an injury arising from the use
of a medical product.
(c) Preemption of State Law.--Subject to section 10, this Act
supersedes State law only to the extent that State law differs from any
provision of law established by or under this Act. Any issue that is
not governed by any provision of law established by or under this Act
shall be governed by otherwise applicable State or Federal law.
(d) Federal Court Jurisdiction Not Established on Federal Question
Grounds.--Nothing in this Act shall be construed to establish any
jurisdiction in the district courts of the United States over medical
malpractice liability actions on the basis of section 1331 or 1337 of
title 28, United States Code.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Claimant.--The term ``claimant'' means any person who
alleges a medical malpractice liability claim or, in the case
of an individual who is deceased, incompetent, or a minor, the
person on whose behalf such a claim is alleged.
(2) Economic damages.--The term ``economic damages'' means
damages paid to compensate an individual for losses for
hospital and other medical expenses, lost wages, lost
employment, and other pecuniary losses.
(3) Health care professional.--The term ``health care
professional'' means any individual who provides health care
services in a State and who is required by State law or
regulation to be licensed or certified by the State to provide
such services in the State.
(4) Health care provider.--The term ``health care
provider'' means any organization or institution that is
engaged in the delivery of health care services in a State and
that is required by State law or regulation to be licensed or
certified by the State to engage in the delivery of such
services in the State.
(5) Injury.--The term ``injury'' means any illness,
disease, or other harm that is the subject of a medical
malpractice liability action or claim.
(6) Medical malpractice liability action.--The term
``medical malpractice liability action'' means a civil action
(other than an action in which the claimant's sole allegation
is an allegation of an intentional tort) brought in a State or
Federal court against a health care provider or health care
professional (regardless of the theory of liability on which
the action is based) in which the claimant alleges a medical
malpractice liability claim.
(7) Medical malpractice liability claim.--The term
``medical malpractice liability claim'' means a claim in which
the claimant alleges that injury was caused by the provision of
(or the failure to provide) health care services.
(8) Medical product.--The term ``medical product'' means a
device (as defined in section 201(h) of the Federal Food, Drug,
and Cosmetic Act) or a drug (as defined in section 201(g)(1) of
the Federal Food, Drug, and Cosmetic Act).
(9) Noneconomic damages.--The term ``noneconomic damages''
means damages paid to compensate an individual for losses for
physical and emotional pain, suffering, inconvenience, physical
impairment, mental anguish, disfigurement, loss of enjoyment of
life, loss of consortium, and other nonpecuniary losses, but
does not include punitive damages.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United
States.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b) and section
11, this Act shall apply with respect to claims accruing or actions
brought on or after the expiration of the 3-year period that begins on
the date of the enactment of this Act.
(b) Exception for States Requesting Earlier Implementation of
Reforms.--
(1) Application.--A State may submit an application to the
Secretary requesting the early implementation of this Act with
respect to claims or actions brought in the State.
(2) Decision by secretary.--The Secretary shall issue a
response to a State's application under paragraph (1) not later
than 90 days after receiving the application. If the Secretary
determines that the State meets the requirements of this Act at
the time of submitting its application, the Secretary shall
approve the State's application, and this Act shall apply with
respect to actions brought in the State on or after the
expiration of the 90-day period that begins on the date the
Secretary issues the response. If the Secretary denies the
State's application, the Secretary shall provide the State with
a written explanation of the grounds for the decision.
SEC. 5. STATUTE OF LIMITATIONS.
(a) In General.--No medical malpractice liability claim may be
brought after the expiration of the 2-year period that begins on the
date the alleged injury that is the subject of the action should
reasonably have been discovered, but in no event after the expiration
of the 4-year period that begins on the date the alleged injury
occurred.
(b) Exception for Minors.--In the case of an alleged injury
suffered by a minor who has not attained 6 years of age, no medical
malpractice liability claim may be brought after the expiration of the
2-year period that begins on the date the alleged injury that is the
subject of the action should reasonably have been discovered, but in no
event after the date on which the minor attains 10 years of age.
SEC. 6. ATTORNEYS' FEES.
(a) Limitation on Contingency Fees.--An attorney shall not contract
for or collect a contingency fee for representing a claimant in a
medical malpractice liability action in excess of the following:
(1) 40 percent of the first $50,000 (or portion thereof) of
the amount recovered by the claimant.
(2) 33\1/3\ percent of the next $50,000 (or portion
thereof) of the amount recovered by the claimant.
(3) 25 percent of the next $500,000 (or portion thereof) of
the amount recovered by the claimant.
(4) 15 percent of any amounts recovered by the claimant in
excess of $600,000.
This subsection applies whether the recovery is by settlement,
arbitration, or judgment.
(b) Calculation of Periodic Payments.--If periodic payments are
awarded to the claimant pursuant to section 7(b), the court shall place
a total value on these payments based upon the projected life
expectancy of the claimant and include this amount in computing the
total award from which attorneys' fees are calculated under subsection
(a).
(c) Effect of Failure To Comply.--Failure to comply with this
section by an attorney at law shall be grounds for professional
discipline by the appropriate State agency responsible for the conduct
of disciplinary actions against attorneys-at-law.
(d) Definitions.--For purposes of this section--
(1) the term ``contingency fee'' means any fee for
professional legal services which is in whole or in part
contingent upon the recovery of any amount of damages, whether
through judgment or settlement; and
(2) the term ``recovered'' means the net sum recovered
after deducting any disbursements or costs incurred in
connection with prosecution or settlement of the claim, except
that costs of medical care incurred by the claimant and the
attorney's office overhead costs or charges shall not be
deductible disbursements under this paragraph.
SEC. 7. CALCULATION AND PAYMENT OF DAMAGES.
(a) Limitation on Noneconomic Damages.--The total amount of
noneconomic damages that may be awarded to a claimant for losses
resulting from the injury which is the subject of a medical malpractice
liability action may not exceed $250,000, regardless of the number of
parties against whom the action is brought or the number of actions
brought with respect to the injury.
(b) Periodic Payments for Future Losses.--If more than $50,000 in
damages for expenses to be incurred in the future is awarded to the
claimant in a medical malpractice liability action, the court shall, at
the request of either party, enter a judgment ordering such damages to
be paid on a periodic basis determined appropriate by the court (based
upon projections of when such expenses are likely to be incurred).
(c) Mandatory Offsets for Damages Paid by a Collateral Source.--The
total amount of damages received by a claimant in a medical malpractice
liability action shall be reduced by any other payment that has been or
will be made to the individual to compensate the claimant for the
injury that was the subject of the action, including payment under--
(1) Federal or State disability or sickness programs;
(2) Federal, State, or private health insurance programs;
(3) private disability insurance programs;
(4) employer wage continuation programs; and
(5) any other source of payment intended to compensate the
claimant for such injury.
SEC. 8. NOTICE OF ACTION.
(a) Notice Requirement.--
(1) In general.--No medical malpractice liability action
may be commenced unless the defendant has been given at least
90 days notice of the intention to commence the action.
(2) Contents of notice.--The notice under paragraph (1)
shall include the legal basis of the medical malpractice
liability claim on which the action is based and the type of
loss sustained, including the specific nature of the injuries
suffered.
(b) Effect on Statute of Limitations.--If the notice under
paragraph (1) is served within 90 days before the expiration of the
statute of limitations for filing the medical malpractice liability
action, the time for commencing the action shall extend for 90 days
after the notice under paragraph (1) is served.
(c) Effect of Failure to Comply.--Failure to comply with this
section shall not invalidate any court proceedings in the medical
malpractice liability action involved, and shall not affect the
jurisdiction of the court to render a judgment in the action, but a
failure to comply with this section by an attorney at law shall be
grounds for professional discipline by the appropriate State agency
responsible for the conduct of disciplinary actions against attorneys-
at-law.
SEC. 9. INJUNCTIVE RELIEF.
Whenever any person has engaged or is about to engage in any
conduct in violation of this Act, the appropriate court may, upon
application of an interested party, issue an injunction or other
appropriate order restraining such conduct.
SEC. 10. PREEMPTION.
(a) In General.--The preceding provisions of this Act supersede any
State law only to the extent that State law--
(1) permits the recovery of a greater amount of damages by
claimant;
(2) permits the collection of a greater amount of
attorneys' fees by a claimant's attorney; or
(3) establishes a longer period during which a medical
malpractice liability claim may be initiated.
(b) Effect on Sovereign Immunity and Choice of Law or Venue.--
Nothing in subsection (a) shall be construed to--
(1) waive or affect any defense of sovereign immunity
asserted by any State under any provision of law;
(2) waive or affect any defense of sovereign immunity
asserted by the United States;
(3) affect the applicability of any provision of the
Foreign Sovereign Immunities Act of 1976;
(4) preempt State choice-of-law rules with respect to
claims brought by a foreign country or a citizen of a foreign
country; or
(5) affect the right of any court to transfer venue or to
apply the law of a foreign country or to dismiss a claim of a
foreign country or of a citizen of a foreign nation on the
ground of inconvenient forum.
SEC. 11. PERMITTING STATE PROFESSIONAL SOCIETIES TO PARTICIPATE IN
DISCIPLINARY ACTIVITIES.
(a) Role of Professional Societies.--Notwithstanding any other
provision of State or Federal law, a State agency responsible for the
conduct of disciplinary actions for a type of health care practitioner
may enter into agreements with State or county professional societies
of such type of health care practitioner to permit such societies to
participate in the licensing of such health care practitioner, and to
review any health care malpractice action, health care malpractice
claim or allegation, or other information concerning the practice
patterns of any such health care practitioner. Any such agreement shall
comply with subsection (b).
(b) Requirements of Agreements.--Any agreement entered into under
subsection (a) for licensing activities or the review of any health
care malpractice action, health care malpractice claim or allegation,
or other information concerning the practice patterns of a health care
practitioner shall provide that--
(1) the health care professional society conducts such
activities or review as expeditiously as possible;
(2) after the completion of such review, such society shall
report its findings to the State agency with which it entered
into such agreement;
(3) the conduct of such activities or review and the
reporting of such findings be conducted in a manner which
assures the preservation of confidentiality of health care
information and of the review process; and
(4) no individual affiliated with such society is liable
for any damages or injury directly caused by the individual's
actions in conducting such activities or review.
(c) Agreements Not Mandatory.--Nothing in this section may be
construed to require a State to enter into agreements with societies
described in subsection (a) to conduct the activities described in such
subsection.
(d) Effective Date.--This section shall take effect 2 years after
the date of the enactment of this Act. | Medical Injury Compensation Reform Act of 1993 - Makes this Act applicable, with exceptions, to: (1) any medical malpractice liability claim and action brought in State or Federal court; and (2) claims accruing or actions brought after three years after enactment of this Act. Specifies that nothing in this Act shall be construed to establish jurisdiction in U.S. district courts over medical malpractice liability actions on Federal question grounds.
Prohibits a medical malpractice liability claim from being brought more than two years after the date the alleged injury should reasonably have been discovered, but in no event after four years after the alleged injury occurred, with an exception for minors.
Sets forth provisions regarding: (1) attorney's fees (including limitations on contingency fees); (2) calculation and payment of damages (including limitations on noneconomic damages, periodic payments for future losses, and mandatory offsets for damages paid by a collateral source); (3) notice requirements; (4) injunctive relief; and (5) preemption.
Permits State professional societies to participate in disciplinary activities. | {"src": "billsum_train", "title": "Medical Injury Compensation Reform Act of 1993"} | 3,345 | 226 | 0.543196 | 1.55716 | 1.205059 | 3.157895 | 14.961722 | 0.92823 |
-S-E-C-T-I-O-N -1-. -S-H-O-R-T -T-I-T-L-E-.
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-A-m-e-r-i-c-a-n -I-n-d-i-a-n -w-a-s -e-s-t-a-b-l-i-s-h-e-d
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-A-m-e-r-i-c-a-n-s-.
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-V-e-t-e-r-a-n-s-' -M-e-m-o-r-i-a-l -w-o-u-l-d -f-u-r-t-h-e-r
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-M-u-s-e-u-m -o-f -t-h-e -A-m-e-r-i-c-a-n -I-n-d-i-a-n -b-y
-g-i-v-i-n-g -a-l-l -A-m-e-r-i-c-a-n-s -t-h-e
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-a-n-d -c-o-u-r-a-g-e-o-u-s -t-r-a-d-i-t-i-o-n -o-f
-s-e-r-v-i-c-e -o-f -N-a-t-i-v-e -A-m-e-r-i-c-a-n-s -i-n -t-h-e
-a-r-m-e-d -f-o-r-c-e-s -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-.
-S-E-C-. -3-. -A-U-T-H-O-R-I-Z-A-T-I-O-N -F-O-R
-E-S-T-A-B-L-I-S-H-M-E-N-T -O-F -M-E-M-O-R-I-A-L-.
-(-a-) -M-e-m-o-r-i-a-l-.----T-h-e -B-o-a-r-d -o-f -T-r-u-s-t-e-e-s
-o-f -t-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m -o-f -t-h-e -A-m-e-r-i-c-a-n
-I-n-d-i-a-n -i-s -a-u-t-h-o-r-i-z-e-d -t-o -d-e-s-i-g-n-,
-c-o-n-s-t-r-u-c-t-, -a-n-d -m-a-i-n-t-a-i-n -a -N-a-t-i-o-n-a-l
-N-a-t-i-v-e -A-m-e-r-i-c-a-n -V-e-t-e-r-a-n-s-' -M-e-m-o-r-i-a-l
-(-h-e-r-e-a-f-t-e-r -r-e-f-e-r-r-e-d -t-o -i-n -t-h-i-s -s-e-c-t-i-o-n
-a-s -t-h-e -`-`-M-e-m-o-r-i-a-l-'-'-)-.
-(-b-) -S-i-t-e-.----T-h-e -B-o-a-r-d -o-f -T-r-u-s-t-e-e-s
-s-h-a-l-l -s-e-l-e-c-t -a -s-u-i-t-a-b-l-e -s-i-t-e -f-o-r -t-h-e
-M-e-m-o-r-i-a-l -w-i-t-h-i-n -t-h-e -i-n-t-e-r-i-o-r
-s-t-r-u-c-t-u-r-e -o-f -t-h-e -f-a-c-i-l-i-t-y -p-r-o-v-i-d-e-d -f-o-r
-b-y -s-e-c-t-i-o-n -7-(-a-) -o-f -t-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m
-o-f -t-h-e -A-m-e-r-i-c-a-n -I-n-d-i-a-n -A-c-t -t-o -h-o-u-s-e -t-h-e
-p-o-r-t-i-o-n -o-f -t-h-e -N-a-t-i-o-n-a-l -M-u-s-e-u-m -t-o -b-e
-l-o-c-a-t-e-d -i-n -t-h-e -D-i-s-t-r-i-c-t -o-f -C-o-l-u-m-b-i-a-.
-(-c-) -D-e-s-i-g-n -a-n-d -P-l-a-n-s-.----T-h-e -B-o-a-r-d -o-f
-T-r-u-s-t-e-e-s -i-s -a-u-t-h-o-r-i-z-e-d -t-o -h-o-l-d -a
-c-o-m-p-e-t-i-t-i-o-n -t-o -s-e-l-e-c-t -t-h-e -d-e-s-i-g-n -o-f
-t-h-e -M-e-m-o-r-i-a-l-.
-(-d-) -D-o-n-a-t-i-o-n-s-.----N-o-t-w-i-t-h-s-t-a-n-d-i-n-g -a-n-y
-o-t-h-e-r -p-r-o-v-i-s-i-o-n -o-f -l-a-w-, -t-h-e -B-o-a-r-d -o-f
-T-r-u-s-t-e-e-s -m-a-y -a-c-c-e-p-t-, -r-e-t-a-i-n-, -a-n-d
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-o-r -s-e-r-v-i-c-e-s -f-r-o-m -i-n-d-i-v-i-d-u-a-l-s-,
-f-o-u-n-d-a-t-i-o-n-s-, -c-o-r-p-o-r-a-t-i-o-n-s-, -o-r -p-u-b-l-i-c
-e-n-t-i-t-i-e-s -f-o-r -t-h-e -p-u-r-p-o-s-e -o-f -d-e-s-i-g-n-i-n-g-,
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-M-e-m-o-r-i-a-l-.
-(-e-) -P-a-y-m-e-n-t -o-f -E-x-p-e-n-s-e-s-.----T-h-e -U-n-i-t-e-d
-S-t-a-t-e-s -G-o-v-e-r-n-m-e-n-t -s-h-a-l-l -n-o-t -p-a-y -a-n-y -o-f
-t-h-e -e-x-p-e-n-s-e-s -o-f -t-h-e -e-s-t-a-b-l-i-s-h-m-e-n-t -o-f
-t-h-e -M-e-m-o-r-i-a-l -o-t-h-e-r -t-h-a-n -p-r-o-v-i-d-i-n-g -t-h-e
-s-i-t-e -r-e-f-e-r-r-e-d -t-o -i-n -s-u-b-s-e-c-t-i-o-n -(-b-)-.
-S-E-C-. -4-. -D-E-F-I-N-I-T-I-O-N-S-.
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-N-a-t-i-v-e -H-a-w-a-i-i-a-n-, -a-n-d -a-n -A-l-a-s-k-a
-N-a-t-i-v-e-.
-(-2-) -T-h-e -t-e-r-m -`-`-I-n-d-i-a-n-'-' -m-e-a-n-s -a
-m-e-m-b-e-r -o-f -a-n -I-n-d-i-a-n -t-r-i-b-e-.
-(-3-) -T-h-e -t-e-r-m -`-`-N-a-t-i-v-e
-H-a-w-a-i-i-a-n-'-' -m-e-a-n-s -a-n-y -i-n-d-i-v-i-d-u-a-l
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-a-b-o-r-i-g-i-n-a-l -p-e-o-p-l-e -w-h-o-, -p-r-i-o-r -t-o
-1-7-7-8-, -o-c-c-u-p-i-e-d -a-n-d -e-x-e-r-c-i-s-e-d
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-m-e-a-n-s -a-n-y -E-s-k-i-m-o-, -A-l-e-u-t-, -o-r -A-l-a-s-k-a
-I-n-d-i-a-n-.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Veterans' Memorial
Establishment Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Native Americans across the Nation have a long, proud
and distinguished tradition of service in the Armed Forces of
the United States.
(2) Native Americans have historically served in the Armed
Forces of the Untied States in numbers which far exceed their
representation in the population of the United States.
(3) Native American veterans count among themselves a
number of Medal of Honor recipients. Their numbers are also
conspicuous in the ranks of those who have received other
decorations for valor and distinguished service.
(4) Native Americans have lost their lives in the service
of their Nation and in the cause of peace.
(5) The National Museum of the American Indian was
established as a living memorial to Native Americans. Its
mission is to advance knowledge and understanding of Native
American cultures, including art, history, language, and the
contributions Native Americans have made to our society.
(6) The National Museum of the American Indian is an
extraordinary site and an ideal location to establish a
National Native American Veterans' Memorial.
(7) A National Native American Veterans' Memorial would
further the purposes of the National Museum of the American
Indian by giving all Americans the opportunity to learn of the
proud and courageous tradition of service of Native Americans
in the Armed Forces of the United States.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) The term ``Native American'' means an Indian, a Native
Hawaiian, and an Alaska Native.
(2) The term ``Native Hawaiian'' means any individual who
is a descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
(3) The term ``Alaska Native'' means any Eskimo, Aleut, or
Alaska Indian.
(4) The term ``Memorial'' means the Native American
Veterans' Memorial established by section 3 of this Act.
(5) The term ``Museum'' means the National Museum of the
American Indian established by the National Museum of the
American Indian Act (20 U.S.C. 80q et seq.).
SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF MEMORIAL.
(a) Memorial.--The Museum, in close consultation with Native
American groups, is authorized to design, construct, and maintain a
National Native American Veterans' Memorial.
(b) Site.--The Museum shall select a suitable site for the Memorial
within the interior structure of the facility provided for by section
7(a) of the National Museum of the American Indian Act (20 U.S.C. 80q-
5(a)) to house the portion of the Museum to be located in the District
of Columbia.
(c) Design and Plans.--The Museum is authorized to hold a
competition to select the design of the Memorial. Any design so
selected shall be compatible with both the purpose of the Museum, as
set forth in section 3(b) of the National Museum of the American Indian
Act (20 U.S.C. 80q-1), and with any existing design plans for the
Museum's structure and its surroundings.
(d) Donations.--Notwithstanding any other provision of law, the
Museum may accept, retain, and expend donations of funds, property, or
services from individuals, foundations, corporations, or public
entities for the purpose of designing, constructing, or maintaining the
Memorial.
(e) Payment of Expenses.--The United States Government shall not
pay any of the expenses of the establishment of the Memorial other than
providing the site referred to in subsection (b). | Native American Veterans' Memorial Establishment Act of 1993 - Authorizes the National Museum of the American Indian to design, construct, and maintain a National Native American Veterans' Memorial.
Locates the Memorial on the same site as the National Museum of the American Indian.
Provides for funding of the Memorial through private donations.
States that the United States shall not pay any of the Memorial's establishment expenses, other than providing the location.
Defines "Native American" as an Indian, a Native Hawaiian, and an Alaska Native. | {"src": "billsum_train", "title": "Native American Veterans' Memorial Establishment Act of 1993"} | 5,870 | 113 | 0.258712 | 0.539212 | -0.603416 | 3.805825 | 47.320388 | 0.893204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Cyberspace Authorities Act
of 2010''.
SEC. 2. NATIONAL CYBERSPACE OFFICE.
(a) Establishment.--There is established within the Executive
Office of the President an office to be known as the National
Cyberspace Office.
(b) Director.--There shall be at the head of the National
Cyberspace Office a Director, who shall be appointed by the President
by and with the advice and consent of the Senate. The Director of the
National Cyberspace Office shall administer all functions under this
section and collaborate to the extent practicable with the heads of
appropriate agencies, the private sector, and international partners.
The National Cyberspace Office shall serve as the principal office for
coordinating issues relating to achieving an assured, reliable, secure,
and survivable information infrastructure and related capabilities for
the Federal Government.
(c) Authority and Functions of the Director of the National
Cyberspace Office.--
(1) Duties of the director.--The Director of the National
Cyberspace Office shall--
(A) oversee agency information security policies
and practices, including--
(i) developing and overseeing the
implementation of policies, principles,
standards, and guidelines on information
security, including through ensuring timely
agency adoption of and compliance with such
policies, principles, standards, and
guidelines;
(ii) reviewing at least annually, and
approving or disapproving, each agency budget
relating to the protection of information
technology submitted pursuant to subsection
(d);
(iii) coordinating the development of
standards and guidelines under section 20 of
the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) with agencies
and offices operating or exercising control of
national security systems (including the
National Security Agency) to assure, to the
maximum extent feasible, that such standards
and guidelines are complementary with standards
and guidelines developed for national security
systems;
(iv) coordinating information security
policies and procedures with related
information resources management policies and
procedures;
(v) overseeing the operation of the Federal
information security incident center required
under section 3546 of title 44, United States
Code; and
(vi) reporting to Congress not later than
March 1 of each year on agency compliance with
the requirements of this Act, including--
(I) a summary of the findings of
the independent evaluation required by
section 3545 of title 44, United States
Code;
(II) an assessment of the
development, promulgation, and adoption
of, and compliance with, standards
developed under section 20 of the
National Institute of Standards and
Technology Act (15 U.S.C. 278g-3);
(III) significant deficiencies in
agency information security practices;
(IV) planned remedial action to
address such deficiencies; and
(V) a summary of, and the views of
the Director on, the report prepared by
the National Institute of Standards and
Technology under section 20(d)(10) of
the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3);
(B) encourage public-private working groups with
representatives from relevant agencies and industry
partners to increase information sharing and policy
coordination efforts in order to reduce vulnerabilities
in the national information infrastructure;
(C) coordinate the defense of information
infrastructure operated by agencies in the case of a
large-scale attack on information technology, as
determined by the Director;
(D) establish a national strategy, in consultation
with the Department of State, the United States Trade
Representative, and the National Institute of Standards
and Technology, to engage with the international
community to set the policies, principles, standards,
or guidelines for information security; and
(E) coordinate information security training for
Federal employees with the Office of Personnel
Management.
(2) Consultation.--The head of each agency shall consult
with the Director regarding information security policies and
practices.
(3) Experts and consultants.--The Director may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(4) Membership on the national security council.--Section
101(a) of the National Security Act of 1947 (50 U.S.C. 402(a))
is amended--
(A) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) the Director of the National Cyberspace Office;''.
(d) Budget Approval.--
(1) Submission of budget.--The head of each agency shall
submit to the Director of the National Cyberspace Office a
budget each year for the following fiscal year relating to the
protection of information technology for such agency, by a date
determined by the Director that is before the submission of
such budget by the head of the agency to the Office of
Management and Budget.
(2) Budget approval.--The Director shall review and approve
or disapprove the budget before the submission of such budget
by the head of the agency to the Office of Management and
Budget.
(3) Budget disapproval.--If the Director disapproves a
budget under paragraph (2), the Director shall transmit
recommendations to the head of the agency for such budget.
(4) Budget submission requirements.--Each budget submitted
by the head of an agency pursuant to paragraph (1) shall
include--
(A) a review of any threats to information
technology for such agency;
(B) a plan to secure the information infrastructure
for such agency based on threats to information
technology, using the National Institute of Standards
and Technology guidelines and recommendations;
(C) a review of compliance by such agency with any
previous year plan described in subparagraph (B); and
(D) a report on the development of the
credentialing process to enable secure authentication
of identity and authorization for access to the
information infrastructure of such agency.
(5) Cyber security performance.--The National Cyberspace
Office may recommend to the President that awards and bonuses
be withheld for any agency that failed to make adequate efforts
to secure the information infrastructure of such agency.
(e) National Security Systems.--Except for the authority described
in clauses (iii) and (vi) of subsection (c)(1)(A), the authorities of
the Director of the National Cyberspace Office under this section shall
not apply to national security systems.
(f) Department of Defense and Central Intelligence Agency
Systems.--
(1) Delegation of authority.--The authority of the Director
of the National Cyberspace Office described in subparagraphs
(A)(i) and (C) of subsection (c)(1) shall be delegated to the
Secretary of Defense in the case of systems described in
paragraph (2) and to the Director of Central Intelligence in
the case of systems described in paragraph (3).
(2) Department of defense.--The systems described in this
paragraph are systems that are operated by the Department of
Defense, a contractor of the Department of Defense, or another
entity on behalf of the Department of Defense that processes
any information the unauthorized access, use, disclosure,
disruption, modification, or destruction of which would have a
debilitating impact on the mission of the Department of
Defense.
(3) Central intelligence agency.--The systems described in
this paragraph are systems that are operated by the Central
Intelligence Agency, a contractor of the Central Intelligence
Agency, or another entity on behalf of the Central Intelligence
Agency that processes any information the unauthorized access,
use, disclosure, disruption, modification, or destruction of
which would have a debilitating impact on the mission of the
Central Intelligence Agency.
(g) Conforming Amendments.--Title 44, United States Code, is
amended--
(1) in section 3546(a), by striking ``Director'' and
inserting ``Director of the National Cyberspace Office''; and
(2) in section 3545(e)--
(A) in paragraph (1), by inserting ``and the
Director of the National Cyberspace Office'' after
``submit to the Director''; and
(B) in paragraph (2), by inserting ``and the
Director of the National Cyberspace Office'' after
``the Director''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 3502 of title 44, United States Code.
(2) Information infrastructure.--The term ``information
infrastructure'' means the underlying framework that
information systems and assets rely on in processing, storing,
or transmitting information electronically.
(3) Information resources management.--The term
``information resources management'' has the meaning given that
term in section 3502 of title 44, United States Code.
(4) Information security.--The term ``information
security'' has the meaning given that term in section 3542 of
title 44, United States Code.
(5) Information technology.--The term ``information
technology'' has the meaning given that term in section 11101
of title 40, United States Code.
(6) National security system.--The term ``national security
system'' has the meaning given that term in section 3542 of
title 44, United States Code. | Executive Cyberspace Authorities Act of 2010 - Establishes within the Executive Office of the President the National Cyberspace Office, headed by a Director, to coordinate issues relating to achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities of the federal government. Outlines Director duties, including overseeing executive agency information security policies and practices.
Requires the inclusion of the Director on the National Security Council. Requires annual Director approval of that part of agency budgets relating to the protection of information technology.
Makes the authorities of the Director inapplicable to national security systems. Requires delegation of Director authority, to the Secretary of Defense (DOD) and the Director of the Central Intelligence Agency (CIA), respectively, of those systems of DOD and the CIA that process information the unauthorized access, use, or disclosure of which would have a debilitating effect on either agency's mission. | {"src": "billsum_train", "title": "To establish a National Cyberspace Office, and for other purposes."} | 1,948 | 204 | 0.604851 | 1.708104 | 0.895392 | 3.297619 | 11.113095 | 0.869048 |
SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH CARE TO VETERANS OF THE
PERSIAN GULF WAR.
(a) Inpatient Care.--(1) Section 1710(a)(1)(G) of title 38, United
States Code, is amended by striking out ``or radiation'' and inserting
in lieu thereof ``, radiation, or environmental hazard''.
(2) Section 1710(e) of such title is amended--
(A) by inserting at the end of paragraph (1) the following new
subparagraph:
``(C) Subject to paragraphs (2) and (3) of this subsection, a
veteran who the Secretary finds may have been exposed while serving on
active duty in the Southwest Asia theater of operations during the
Persian Gulf War to a toxic substance or environmental hazard is
eligible for hospital care and nursing home care under subsection
(a)(1)(G) of this section for any disability, notwithstanding that there
is insufficient medical evidence to conclude that such disability may be
associated with such exposure.'';
(B) in paragraph (2), by striking out ``subparagraph (A) or
(B)'' and inserting in lieu thereof ``subparagraph (A), (B), or
(C)''; and
(C) in paragraph (3), by striking out the period at the end and
inserting in lieu thereof ``, or, in the case of care for a veteran
described in paragraph (1)(C), after December 31, 1994.''.
(b) Outpatient Care.--Section 1712(a) of such title is amended--
(1) in paragraph (1)--
(A) by striking out ``and'' at the end of subparagraph (B);
(B) by striking out the period at the end of subparagraph
(C) and inserting in lieu thereof ``; and''; and
(C) by adding at the end the following:
``(D) during the period before December 31, 1994, for any
disability in the case of a veteran who served on active duty in the
Southwest Asia theater of operations during the Persian Gulf War and
who the Secretary finds may have been exposed to a toxic substance
or environmental hazard during such service, notwithstanding that
there is insufficient medical evidence to conclude that the
disability may be associated with such exposure.''; and
(2) by adding at the end the following new paragraph:
``(7) Medical services may not be furnished under paragraph (1)(D)
with respect to a disability that is found, in accordance with
guidelines issued by the Under Secretary for Health, to have resulted
from a cause other than an exposure described in that paragraph.''.
(c) Effective Date.--(1) The amendments made by subsections (a) and
(b) shall take effect as of August 2, 1990.
(2) The Secretary of Veterans Affairs shall, upon request, reimburse
any veteran who paid the United States an amount under section 1710(f)
or 1712(f) of title 38, United States Code, as the case may be, for
hospital care, nursing home care, or outpatient services furnished by
the Secretary to the veteran before the date of the enactment of this
Act on the basis of a finding that the veteran may have been exposed to
a toxic substance or environmental hazard during the Persian Gulf War.
The amount of the reimbursement shall be the amount that was paid by the
veteran for such care or services under such section 1710(f) or 1712(f).
SEC. 2. EXTENSION OF CERTAIN HEALTH CARE AND OTHER AUTHORITIES.
(a) Eligibility for Care for Exposure to Dioxin or Ionizing
Radiation.--Section 1710(e)(3) of title 38, United States Code, as
amended by section 1(a)(2)(C), is further amended by striking out
``December 31, 1993'' and inserting in lieu thereof ``June 30, 1994''.
(b) Eligibility for Sexual Trauma Counseling.--Section 102(b) of the
Women Veterans Health Programs Act of 1992 (Public Law 102-585; 38
U.S.C. 1720D note) is amended--
(1) by striking out ``December 31, 1991,'' and inserting in lieu
thereof ``December 31, 1992,''; and
(2) by striking out ``December 31, 1993'' and inserting in lieu
thereof ``December 31, 1994''.
(c) Authority To Maintain Regional Office in the Philippines.--
Section 315(b) of title 38, United States Code, is amended by striking
out ``March 31, 1994'' and inserting in lieu thereof ``December 31,
1994''.
(d) Authority for Advisory Committee on Education.--Section 3692(c)
of title 38, United States Code, is amended by striking out ``December
31, 1993'' and inserting in lieu thereof ``December 31, 1994''.
SEC. 3. SHARING OF RESOURCES WITH STATE HOMES.
(a) Purpose.--Section 8151 of title 38, United States Code, is
amended by adding at the end the following: ``It is further the purpose
of this subchapter to improve the provision of care to veterans under
this title by authorizing the Secretary to enter into agreements with
State veterans facilities for the sharing of health-care resources.''.
(b) Definition.--Section 8152 of such title is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new paragraph
(3):
``(3) The term `health-care resource' includes hospital care,
medical services, and rehabilitative services, as those terms are
defined in paragraphs (5), (6), and (8), respectively, of section
1701 of this title, any other health-care service, and any health-
care support or administrative resource.''.
(c) Sharing of Health-Care Resources.--Section 8153(a) of such title
is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by striking out ``other form of agreement,'' and all that
follows and inserting in lieu thereof the following: ``other form of
agreement for the mutual use, or exchange of use, of--
``(A) specialized medical resources between Department health-
care facilities and other health-care facilities (including organ
banks, blood banks, or similar institutions), research centers, or
medical schools; and
``(B) health-care resources between Department health-care
facilities and State home facilities recognized under section
1742(a) of this title.
``(2) The Secretary may enter into a contract or other agreement
under paragraph (1) only if (A) such an agreement will obviate the need
for a similar resource to be provided in a Department health care
facility, or (B) the Department resources which are the subject of the
agreement and which have been justified on the basis of veterans' care
are not used to their maximum effective capacity.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Makes Persian Gulf War veterans exposed to a toxic substance or environmental hazard during that war eligible for medical (including outpatient) care for any disability, notwithstanding insufficient medical evidence to conclude that such disability may be associated with such exposure, with exceptions. Directs the Secretary of Veterans Affairs, upon request, to reimburse veterans for such care furnished before this Act's enactment. Extends through: (1) June 30, 1994, the provision of veterans' hospital and nursing home care and medical services for Vietnam era veterans exposed to toxic substances during such service; (2) December 31, 1994, the period of eligibility for sexual trauma counseling services through the Department of Veterans Affairs for veterans released from duty before December 31, 1992; (3) December 31, 1994, the authority to maintain a Department regional office in the Philippines; and (4) December 31, 1994, the Veterans' Advisory Committee on Education. Authorizes the Secretary to enter into agreements with State veterans facilities for the sharing of healthcare resources and facilities, with certain conditions. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to provide additional authority for the Secretary of Veterans Affairs to provide health care for veterans of the Persian Gulf War."} | 1,578 | 212 | 0.632996 | 1.80366 | 0.88445 | 3.221675 | 7.157635 | 0.906404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Defense Contracts for Terror
Profiteers Act of 2016''.
SEC. 2. LIMITATION ON USE OF FUNDS AVAILABLE TO THE DEPARTMENT OF
DEFENSE FOR FISCAL YEAR 2017 TO PROCURE, OR ENTER INTO
ANY CONTRACT FOR THE PROCUREMENT OF, ANY GOODS OR
SERVICES FROM PERSONS THAT PROVIDE MATERIAL SUPPORT TO
CERTAIN IRANIAN PERSONS.
(a) Limitation.--No funds available to the Department of Defense
for fiscal year 2017 may be used to procure, or enter into any contract
for the procurement of, any goods or services from any person that
provides material support to, including engaging in a significant
transaction or transactions with, a covered Iranian person during such
fiscal year.
(b) Certification.--The Federal Acquisition Regulation shall be
revised to require a certification from each person that is a
prospective contractor that such person does not engage in any of the
conduct described in subsection (a). Such revision shall apply with
respect to contracts in an amount greater than the simplified
acquisition threshold (as defined in section 134 of title 41, United
States Code) for which solicitations are issued on or after the date
that is 90 days after the date of the enactment of this Act.
(c) Waiver.--The Secretary of Defense, in consultation with the
Secretary of State and the Secretary of the Treasury, may, on a case-
by-case basis, waive the limitation in subsection (a) with respect to a
person if the Secretary of Defense, in consultation with the Secretary
of State and the Secretary of the Treasury--
(1) determines that the waiver is important to the national
security interest of the United States; and
(2) submits to the appropriate committees of Congress a
notification of, and detailed justification for, the waiver not
less than 30 days before the date on which the waiver is to
take effect.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Covered iranian person.--The term ``covered Iranian
person'' means an Iranian person that--
(A) is included on the list of specially designated
nationals and blocked persons maintained by the Office
of Foreign Assets Control of the Department of the
Treasury and the property and interests in property of
which are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
for acting on behalf of or at the direction of, or
being owned or controlled by, the Government of Iran;
(B) is included on the list of persons identified
as blocked solely pursuant to Executive Order 13599; or
(C) in the case of an Iranian person described in
paragraph (3)(B)--
(i) is owned, directly or indirectly, by--
(I) Iran's Revolutionary Guard
Corps, or any agent or affiliate
thereof; or
(II) one or more other Iranian
persons that are included on the list
of specially designated nationals and
blocked persons as described in
subparagraph (A) if such Iranian
persons collectively own a 25 percent
or greater interest in the Iranian
person; or
(ii) is controlled, managed, or directed,
directly or indirectly, by Iran's Revolutionary
Guard Corps, or any agent or affiliate thereof,
or by one or more other Iranian persons
described in clause (i)(II).
(3) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a national of Iran; or
(B) an entity that is organized under the laws of
Iran or otherwise subject to the jurisdiction of the
Government of Iran.
(4) Person.--The term ``person'' has the meaning given such
term in section 560.305 of title 31, Code of Federal
Regulations, as such section 560.305 was in effect on April 22,
2016.
(5) Significant transaction or transactions.--The term
``significant transaction or transactions'' shall be
determined, for purposes of this section, in accordance with
section 561.404 of title 31, Code of Federal Regulations, as
such section 561.404 was in effect on January 1, 2016. | No Defense Contracts for Terror Profiteers Act of 2016 This bill prohibits funds available to the Department of Defense (DOD) for FY2017 from being used to procure, or enter into a contract to procure, goods or services from any person that provides material support to a covered Iranian person during such fiscal year. A "covered Iranian person" includes an Iranian person that is: (1) included on the list of designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for acting on behalf of, or being owned or controlled by, the government of Iran; or (2) owned or controlled by Iran's Revolutionary Guard Corps. The bill requires the Federal Acquisition Regulation to be revised to require a person with a prospective contract of more than $100,000 to certify that the person does not engage in prohibited conduct with a covered Iranian person. DOD may, on a case-by-case basis, waive such prohibition for national security reasons but must provide Congress with notice before the waiver takes effect. | {"src": "billsum_train", "title": "No Defense Contracts for Terror Profiteers Act of 2016"} | 980 | 223 | 0.714899 | 2.355327 | 0.828023 | 3.940594 | 4.425743 | 0.891089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microfinance Capacity-Building Act
of 2008''.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
Congress finds and declares the following:
(1) Microfinance is considered one of the great success
stories of United States foreign aid because of its ability to
reach the poor, especially women, with programs that have a
high impact and are highly sustainable.
(2) Studies conducted in India, Kenya, and the Philippines
found average annual returns on microbusiness investments
ranging from 177 to 847 percent, demonstrating the enormous
capacity the poor have to work and save their way out of
poverty.
(3) An estimated 113 million clients are currently being
served with microcredit, and the Microcredit Summit Campaign
has set a goal of reaching 175 million of the world's poorest
families by 2015.
(4) The lack of human capital is widely recognized as the
single greatest constraint to the growth of leading
microfinance networks and other practitioners providing direct
financial services to the poor.
(5) According to some industry estimates, in order to meet
the anticipated demand for microfinance, the industry will have
to hire 1.6 million new loan officers in Africa, Asia, Latin
America, and the Near East, assuming a loan officer to client
ratio of 1 to 300.
(6) Conservative estimates state that $2 billion in private
investment capital is currently being leveraged for
microfinance. Substantially more could be mobilized and
invested in some of the world's poorest countries but remains
untapped due to the lack of institutional capacity and
qualified leaders.
(7) The lack of human capacity is particularly severe in
sub-Saharan Africa due to the relative immaturity of the
microfinance industry, a small pool of trained and certified
bankers and finance experts, and the prevalence of HIV/AIDS.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the microfinance capacity-building
activities supported by subsection (d) of section 252 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2211a), as added by section 4 of this
Act, is intended to drive innovation and provide comprehensive
solutions that address the lack of human capital in developing
countries, particularly in sub-Saharan Africa. Such activities should
provide a regional and sub-regional approach to maximizing economies of
scale and should focus predominately on educating and training African
nationals in order to build capacity in the microfinance industry in
developing countries, particularly in sub-Saharan African countries.
SEC. 4. CAPACITY-BUILDING FOR MICROFINANCE SERVICE PROVIDERS.
(a) In General.--Section 252 of the Foreign Assistance Act of 1961
(22 U.S.C. 2211a) is amended by adding at the end the following:
``(d) Capacity Building for Microfinance Service Providers.--
``(1) Authorization.--In carrying out the programs
authorized under subsection (a), the Administrator shall
establish a grant program to provide assistance on a non-
reimbursable basis to private, non-profit networks of
microfinance institutions that provide direct financial
services, which may include credit of all types, savings,
insurance, remittances and cash transfers, to the poor and very
poor in developing countries.
``(2) Activities supported.--Assistance provided under
paragraph (1) shall, to the maximum extent practicable, be used
to carry out traditional and nontraditional education and
training for individuals working in the microfinance industry
in developing countries, particularly in sub-Saharan African
countries. Such education and training may include curriculum
development, distance learning, job shadowing, mentoring,
training of trainers, scholarships for undergraduate and
graduate courses, and purchasing and leasing equipment,
including software and other technology, to support
activities--
``(A) to improve the effectiveness of institutional
governance structures and quality of senior management,
including directors, chief executive officers, chief
operating officers, chief financial officers, and other
senior staff;
``(B) to strengthen the knowledge and ability of
senior and middle managers to establish and implement
effective financial and nonfinancial services,
including the development and implementation of
products and services, risk management, human
resources, accounting, process analysis and auditing
systems;
``(C) to improve the technical knowledge and
ability of microfinance employees, which may include
branch managers, loan officer supervisors, loan
officers, tellers, insurance agents, and other field
staff, regarding delivery of financial services to
clients;
``(D) to improve the collection and transmission of
training, procedures, and best practices among
financial institutions and employees; and
``(E) to identify new staff and ensure the
recruitment and retention of trained staff members
through the development of incentive programs and
educational components.
``(3) Eligibility.--To be eligible for assistance under
paragraph (1), a network of microfinance institutions described
in paragraph (1) shall--
``(A) deliver direct financial services to the poor
and very poor in at least five developing countries
through a network of local microfinance institutions
that are owned or formally affiliated and accredited by
the network in accordance with its financial and social
performance standards;
``(B) operate as a private nonprofit organization;
and
``(C) agree to match, in cash contributions from
non-federal sources and on a 2 dollar-to-1 dollar
basis, the amount of the grant provided to the network
under paragraph (1).
``(4) Considerations.--In making a determination to provide
assistance under paragraph (1), the Administrator shall ensure
that participating networks of microfinance institutions
include--
``(A) not less than 50 percent women in the
activities supported under this subsection; and
``(B) 100 percent individuals from developing
countries in the activities supported under this
subsection.
``(5) Preference.--In making a determination to provide
assistance under paragraph (1), the Administrator shall give
preference to networks of microfinance institutions that
promote the inclusion of women in senior management positions.
``(6) Reporting and evaluation.--(A) The Administrator,
acting through the Director, shall establish a reporting and
evaluation system to assess the effectiveness of recipient
microfinance institutions in carrying out activities under
paragraph (2).
``(B) A recipient microfinance institution shall report on
the number of (i) individuals educated and trained, (ii)
certificates awarded, (iii) university credit units awarded,
(iv) degrees awarded, and (v) education and training curriculum
units created.
``(C) Data reported by recipient microfinance institutions
under clauses (i) through (iv) of subparagraph (B) shall be
disaggregated by sex, country of origin, country of employment,
and job title or position held.
``(7) Authorization of appropriations.--
``(A) In general.--To carry out this subsection,
there are authorized to be appropriated--
``(i) $6,000,000 for fiscal year 2009;
``(ii) $12,000,000 for fiscal year 2010;
``(iii) $15,000,000 for fiscal year 2011;
``(iv) $12,000,000 for fiscal year 2012;
and
``(v) $5,000,000 for fiscal year 2013.
``(B) Minimum allocation.--Not less than 60 percent
of the funds appropriated pursuant to the authorization
of appropriations under subparagraph (A) for a fiscal
year shall be used to support capacity-building
activities in sub-Saharan Africa.''.
(b) Conforming Amendment.--Such section is further amended in the
heading by adding at the end before the period the following: ``;
capacity building for microfinance service providers in sub-saharan
africa''. | Microfinance Capacity-Building Act of 2008 - Amends the Foreign Assistance Act of 1961 to direct the United States Agency for International Development (USAID) to provide grants to eligible private non-profit microfinance institution networks that provide direct financial services (including credit, savings, insurance, remittances and cash transfers) to the poor and very poor in developing countries, particularly in sub-Saharan African countries. | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to provide funding for capacity-building to microfinance service providers."} | 1,704 | 97 | 0.449648 | 1.23326 | 1.049002 | 3.733333 | 21.253333 | 0.933333 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Monsignor Ignatius McDermott is a man of unwavering
faith, deep compassion, and tireless devotion to helping those
who are among the most desperate and needy.
(2) In his own words, today's world is over-saturated with
a surplus of starters and a famine of finishers: Monsignor
McDermott is a finisher.
(3) Monsignor McDermott, or ``Father Mac'' as he is
affectionately referred to by everyone from the Governor of
Illinois to the last wanderer from the street, grew up on
Chicago's South Side and was ordained in the priesthood in
1936.
(4) From the start of his career, Father Mac found a
calling in helping those plagued by dependency on alcohol and
drugs.
(5) Inspired by experiences in his early work with children
neglected due to alcohol abuse, and at a charity near a police
``drunk tank'', Father Mac sought not only to help those who
could not help themselves, but to change the very system that
had in many ways given up on them.
(6) Working toward a solution, Father Mac founded the
Addiction Counseling Education Services in 1961, which provided
counseling to alcoholics and other substance abusers who had no
other means to get help.
(7) Later, he would expand his work to the Chicago schools
system, where he developed an alcohol education curriculum and
fostered Alternatives to Expulsion, a program to help teachers
salvage addicted teenagers who were willing to give up drinking
and drugs and resume their studies.
(8) This program worked so well that it was incorporated
into State of Illinois educational practices.
(9) Father Mac's work has had a lasting impact on the
treatment community as a whole; in 1963, he founded the Central
States Institute of Addiction, a nonprofit charitable
organization providing instruction to social workers and
counselors regarding addiction and dependency.
(10) This Institute is only one of numerous programs begun
through his inspiration and dedication that continue to
function to the benefit of many.
(11) Father Mac's lifelong concern for the homeless
inebriate and for families split by alcoholism has also met
with matching public attitudes.
(12) His work helped first bring to light the problems of
drinking and driving, provide treatment services to pregnant
mothers suffering from addiction, and to decriminalize the
public inebriate.
(13) This latter breakthrough led to his creating the
Chicago Clergy Association for the Homeless Person, and the
founding of Haymarket Center at the age of 75, a time when most
people are ready to retire.
(14) Father Mac is now 94, and Haymarket Center is the
largest drug abuse treatment center in the City of Chicago
providing integrated treatment services for an average of
18,000 clients annually, and serving as a model for other
treatment programs throughout the Nation.
(15) As the Nation renews its commitment to addiction
disorders, Father Mac continues what has become a lifelong
pursuit of helping others raise themselves from the depths of
their personal struggles with addiction.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design, to Monsignor Ignatius
McDermott, in recognition of his contribution to the drug treatment
community, and his accomplishments as a priest and humanitarian.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund. | Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Monsignor Ignatius McDermott (founder of Haymarket Center, the largest drug abuse treatment center in Chicago) in recognition of his contribution to the drug treatment community and his accomplishments as a priest and humanitarian. | {"src": "billsum_train", "title": "To award a congressional gold medal to Monsignor Ignatius McDermott in recognition of his contribution to the drug treatment community, and his accomplishments as a priest and humanitarian."} | 1,120 | 81 | 0.395387 | 1.38359 | -0.061488 | 5.328125 | 15.890625 | 0.953125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Accounting Act of 2007''.
SEC. 2. PREPARATION OF NET PRESENT VALUE CALCULATION OF MAJOR FISCAL
EXPOSURES OF THE FEDERAL GOVERNMENT.
(a) In General.--Section 331(e) of title 31, United States Code, is
amended by adding at the end the following:
``(3) Net present value calculation and other
calculations.--
``(A) Matters covered.--The financial statement
shall include a calculation under policies in effect
during the fiscal year covered by the statement of the
net present value of the overall fiscal exposures of
the United States Government. The calculation shall
include--
``(i) the outstanding debt held by the
public;
``(ii) calculations of the net present
value of commitments and receipts of the
Federal Old-Age and Survivors Insurance (OASI)
Trust Fund, the Federal Disability Insurance
(DI) Trust Fund, the Federal Hospital Insurance
(HI) Trust Fund, and the Federal Supplementary
Medical Insurance (SMI) Trust Fund using the
most recent available long-term, intermediate
projections by the Trustees of such Trust Funds
of revenues, expenditures, and discount
factors, as represented in such annual reports;
``(iii) calculations of the net present
value of commitments and receipts of the
Railroad Retirement and Black Lung (part C)
programs;
``(iv) calculations of the net present
value of commitments and receipts of the
Federal retirement and health insurance
systems, both civil and military.
``(B) Time horizon.--(i) For each calculation under
subparagraph (A), calculations shall be provided for--
``(I) a 75-year horizon; and
``(II) an indefinite time horizon.
``(ii) For the 75-year horizon under clause (i)(I),
each calculation shall take each year's projected
expenditures minus revenues, divide this difference by
the projected discount factor for that year, and add
the resulting 75 annual discounted flows to obtain the
program's net present value imbalance. The long-term
discount and growth rates used in these calculations
shall be discussed in the financial statement and shall
be consistent with those used by the Department of
Treasury and other Government agencies with regard to
other long-term financial calculations. For purposes of
the calculations in clauses (ii), (iii), and (iv) of
subparagraph (A), revenues shall include payroll taxes
as allocated by law to the respective Trust Funds
(currently the case for OASI, DI, and HI), participant
premiums and State transfer income (for SMI), general
revenue receipts from the taxation of benefits, as
currently allocated by law to the OASI, DI, and HI
Trust Funds, and funding for the Federal retirement and
health insurance systems, both civil and military. For
purposes of this calculation, revenues shall not
include interest income on Trust Fund and transfers of
general revenue to SMI, Social Security, or Medicare.
``(iii) For the indefinite time horizon under
clause (i)(II), the calculations shall follow the
procedures provided in clause (ii), but shall be based
on extended projections for a number of years
sufficiently beyond 75 years that would result in the
present value sum increasing by less than 0.05 percent
if an additional year were added to the projection.
``(C) Generational imbalance calculation.--The
financial statement shall include a program-by-program
calculation under policies in effect during the fiscal
year covered by the statement of the net present value
of benefits and projected benefits to current
participants of the programs described in clauses (ii),
(iii), and (iv) of subparagraph (A), including the
present value of projected benefits to current
participants, less the present value of projected
contributions and earmarked taxes paid by, or on behalf
of, current participants less the current trust fund
balances.
``(D) Fiscal imbalance calculation.--The financial
statement shall include a program-by-program
calculation under policies in effect during the fiscal
year covered by the statement of the net present value
of benefits and projected benefits to current and
future participants of the programs described in
clauses (ii), (iii), and (iv) of subparagraph (A),
including the present value of projected benefits to
current and future participants over the indefinite
horizon, less the present value of projected
contributions and earmarked taxes paid by, or on behalf
of, current and future participants over the indefinite
horizon, less the current trust fund balances.
``(E) Presentation of public debt.--The financial
statement shall include the total amount of outstanding
public debt (included in the statement pursuant to
subparagraph (A)(i)), plus the total amount of fiscal
imbalance calculations (included in the statement
pursuant to subparagraph (D)), set forth separately by
amount of debt per person, per fulltime worker, and per
household.
``(F) Methods used.--The financial statement shall
include the assumptions and details of the methods used
in making the calculations required under subparagraph
(A). It shall separately identify and provide a
detailed description of the methods and assumptions
used in making projections of tax revenues, premiums,
other receipts from all sources, including inter-fund
transfers and interest income on securities held in
trust funds, benefit outlays distinguished by the type
of benefit, and administrative expenses. The financial
statement shall also provide details regarding
demographic assumptions (such as fertility, mortality,
immigration, and labor-force participation rates),
dependency ratios, and economic assumptions (such as
trust fund interest rates, discount rates, revenue and
benefit growth rates, health-care expenditure growth
rates, productivity growth rates, and inflation rates).
The information should include a description of all
other intermediate steps and variables used and
projected in making the calculations.''.
(b) Requirement for President to Use Financial Statement in
Preparing Budget.--
(1) Requirement.--In preparing the budget for the United
States Government for submission under section 1105 of title
31, United States Code, the President shall take into
consideration the financial statement prepared by the Secretary
of the Treasury under section 331(e) of such title, including
the effect of the overall budget on the generational imbalance
calculation and the fiscal imbalance calculation required under
subparagraphs (C) and (D), respectively, of such section, and
the effect of the overall budget on the net present value of
the overall fiscal exposures of the United States Government.
(2) Inclusion of statement in budget.--Section 1105(a) of
title 31, United States Code, is amended by adding at the end
the following new paragraph:
``(36) A statement describing how the financial statement
prepared by the Secretary of the Treasury under section 331(e)
of this title was considered in preparing the budget, as
required by section 2(b) of the Truth in Accounting Act of
2007, including a statement of the effect of the overall budget
on the generational imbalance calculation and the fiscal
imbalance calculation required under subparagraphs (C) and (D),
respectively, of such section, and the effect of the overall
budget on the net present value of the overall fiscal exposures
of the United States Government.''.
(c) Secretary of Treasury Testimony on Financial Statement.--
Section 331(e) of title 31, United States Code, is further amended by
adding at the end the following new paragraph:
``(4) The Secretary of the Treasury shall testify each year before
Congress on the financial statement for the preceding fiscal year
required by this section, including the generational imbalance
calculation and fiscal imbalance calculation required under
subparagraphs (C) and (D), respectively, of paragraph (3).''.
(d) Comptroller General Report on Financial Condition of
Government.--Section 331(e) of title 31, United States Code, is further
amended by adding at the end the following new paragraph:
``(5) The Comptroller General shall testify each year before
Congress upon request. Not later than January 30 of each year, the
Comptroller General of the United States shall submit to Congress a
report containing an assessment of the financial condition of the
United States Government. The report shall include--
``(A) an assessment of the generational imbalance
calculation and fiscal imbalance calculation required under
paragraph (3);
``(B) a statement of whether the President met the
requirements of section 2(b) of the Truth in Accounting Act of
2007;
``(C) the results of the most recent long-term fiscal model
simulation of the Government Accountability Office; and
``(D) such other fiscal matters the Comptroller General
determines to be significant.''.
(e) Effective Date.--The information required under paragraph (3)
of section 331(e) of title 31, United States Code, as added by
subsection (a), shall be included in the first financial statement
required under that section after the date of the enactment of this
Act. | Truth in Accounting Act of 2007 - Requires the Secretary of the Treasury to include in the audited financial statement of executive branch accounts of the previous year a calculation of the net present value of the overall fiscal exposures of the U.S. government.
Requires such financial statement to include a program-by-program calculation of: (1) the generational imbalance; (2) the fiscal imbalance; and (3) the total amount of the fiscal imbalance plus the public debt.
Instructs the President, in preparing the federal budget, to take this financial statement into consideration, including the effect of the overall budget upon: (1) the generational imbalance calculation and the fiscal imbalance calculation; and (2) the net present value of the overall fiscal exposures of the federal government.
Directs the Secretary to testify each year before Congress on the financial statement for the preceding fiscal year.
Directs the Comptroller General to: (1) assess the financial condition of the U.S. government in an annual report to Congress; and (2) testify before Congress on that condition, upon request. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to require certain additional calculations to be included in the annual financial statement submitted under section 331(e) of that title, and for other purposes."} | 1,973 | 225 | 0.549749 | 1.511091 | 0.755828 | 3.598086 | 9.004785 | 0.937799 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cameron Gulbransen Kids
Transportation Safety Act of 2007'' or the ``K.T. Safety Act of 2007''.
SEC. 2. RULEMAKING REGARDING CHILD SAFETY.
(a) Power Window Safety.--
(1) Consideration of rule.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of Transportation
(referred to in this Act as the ``Secretary'') shall initiate a
rulemaking to consider prescribing or amending Federal motor
vehicle safety standards to require power windows and panels on
motor vehicles to automatically reverse direction when such power
windows and panels detect an obstruction to prevent children and
others from being trapped, injured, or killed.
(2) Deadline for decision.--If the Secretary determines such
safety standards are reasonable, practicable, and appropriate, the
Secretary shall prescribe, under section 30111 of title 49, United
States Code, the safety standards described in paragraph (1) not
later than 30 months after the date of enactment of this Act. If
the Secretary determines that no additional safety standards are
reasonable, practicable, and appropriate, the Secretary shall--
(A) not later than 30 months after the date of enactment of
this Act, transmit a report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate describing
the reasons such standards were not prescribed; and
(B) publish and otherwise make available to the public
through the Internet and other means (such as the ``Buying a
Safer Car'' brochure) information regarding which vehicles are
or are not equipped with power windows and panels that
automatically reverse direction when an obstruction is
detected.
(b) Rearward Visibility.--Not later than 12 months after the date
of the enactment of this Act, the Secretary shall initiate a rulemaking
to revise Federal Motor Vehicle Safety Standard 111 (FMVSS 111) to
expand the required field of view to enable the driver of a motor
vehicle to detect areas behind the motor vehicle to reduce death and
injury resulting from backing incidents, particularly incidents
involving small children and disabled persons. The Secretary may
prescribe different requirements for different types of motor vehicles
to expand the required field of view to enable the driver of a motor
vehicle to detect areas behind the motor vehicle to reduce death and
injury resulting from backing incidents, particularly incidents
involving small children and disabled persons. Such standard may be met
by the provision of additional mirrors, sensors, cameras, or other
technology to expand the driver's field of view. The Secretary shall
prescribe final standards pursuant to this subsection not later than 36
months after the date of enactment of this Act.
(c) Phase-In Period.--
(1) Phase-in period required.--The safety standards prescribed
pursuant to subsections (a) and (b) shall establish a phase-in
period for compliance, as determined by the Secretary, and require
full compliance with the safety standards not later than 48 months
after the date on which the final rule is issued.
(2) Phase-in priorities.--In establishing the phase-in period
of the rearward visibility safety standards required under
subsection (b), the Secretary shall consider whether to require the
phase-in according to different types of motor vehicles based on
data demonstrating the frequency by which various types of motor
vehicles have been involved in backing incidents resulting in
injury or death. If the Secretary determines that any type of motor
vehicle should be given priority, the Secretary shall issue
regulations that specify--
(A) which type or types of motor vehicles shall be phased-
in first; and
(B) the percentages by which such motor vehicles shall be
phased-in.
(d) Preventing Motor Vehicles From Rolling Away.--
(1) Requirement.--Each motor vehicle with an automatic
transmission that includes a ``park'' position manufactured for
sale after September 1, 2010, shall be equipped with a system that
requires the service brake to be depressed before the transmission
can be shifted out of ``park''. This system shall function in any
starting system key position in which the transmission can be
shifted out of ``park''.
(2) Treatment as motor vehicle safety standard.--A violation of
paragraph (1) shall be treated as a violation of a motor vehicle
safety standard prescribed under section 30111 of title 49, United
States Code, and shall be subject to enforcement by the Secretary
under chapter 301 of such title.
(3) Publication of noncompliant vehicles.--
(A) Information submission.--Not later than 60 days after
the date of the enactment of this Act, for the current model
year and annually thereafter through 2010, each motor vehicle
manufacturer shall transmit to the Secretary the make and model
of motor vehicles with automatic transmissions that include a
``park'' position that do not comply with the requirements of
paragraph (1).
(B) Publication.--Not later than 30 days after receiving
the information submitted under subparagraph (A), the Secretary
shall publish and otherwise make available to the public
through the Internet and other means the make and model of the
applicable motor vehicles that do not comply with the
requirements of paragraph (1). Any motor vehicle not included
in the publication under this subparagraph shall be presumed to
comply with such requirements.
(e) Definition of Motor Vehicle.--As used in this Act and for
purposes of the motor vehicle safety standards described in subsections
(a) and (b), the term ``motor vehicle'' has the meaning given such term
in section 30102(a)(6) of title 49, United States Code, except that
such term shall not include--
(1) a motorcycle or trailer (as such terms are defined in
section 571.3 of title 49, Code of Federal Regulations); or
(2) any motor vehicle that is rated at more than 10,000 pounds
gross vehicular weight.
(f) Database on Injuries and Deaths in Nontraffic, Noncrash
Events.--
(1) In general.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall establish and maintain a
database of injuries and deaths in nontraffic, noncrash events
involving motor vehicles.
(2) Contents.--The database established pursuant to paragraph
(1) shall include information regarding--
(A) the number, types, and causes of injuries and deaths
resulting from the events described in paragraph (1);
(B) the make, model, and model year of motor vehicles
involved in such events, when practicable; and
(C) other variables that the Secretary determines will
enhance the value of the database.
(3) Availability.--The Secretary shall make the information
contained in the database established pursuant to paragraph (1)
available to the public through the Internet and other means.
SEC. 3. CHILD SAFETY INFORMATION PROGRAM.
(a) In General.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall provide information about
hazards to children in nontraffic, noncrash incident situations by--
(1) supplementing an existing consumer information program
relating to child safety; or
(2) creating a new consumer information program relating to
child safety.
(b) Program Requirements.--In carrying out the program under
subsection (a), the Secretary shall--
(1) utilize information collected pursuant to section 2(f)
regarding nontraffic, noncrash injuries, and other relevant data
the Secretary considers appropriate, to establish priorities for
the program;
(2) address ways in which parents and caregivers can reduce
risks to small children arising from back over incidents,
hyperthermia in closed motor vehicles, accidental actuation of
power windows, and any other risks the Secretary determines should
be addressed; and
(3) make information related to the program available to the
public through the Internet and other means.
SEC. 4. DEADLINES.
If the Secretary determines that the deadlines applicable under
this Act cannot be met, the Secretary shall--
(1) establish new deadlines; and
(2) notify the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate of the new deadlines and describing
the reasons the deadlines specified under this Act could not be
met.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Cameron Gulbransen Kids Transportation Safety Act of 2007 or the K.T. Safety Act of 2007 - Directs the Secretary of Transportation to initiate a rulemaking for motor vehicles to require: (1) automatic reversal of direction by power windows and panels when they detect an obstruction; (2) an expanded rearward field of view to prevent backing incidents; and (3) automatic transmissions to have an anti-rollaway system that requires the service brake to be depressed before the transmission can be shifted out of park, which shall function in any starting system key position in which the transmission can be shifted out of park. Requires the Secretary, if it is determined that no additional safety standards are reasonable and appropriate, to: (1) report to Congress the reason such standards were not prescribed; and (2) make available to the public information on which vehicles are or are not equipped with automatic reversal of direction by power windows and panels when they detect an obstruction.
Provides a phase-in period for the power window and rearward visibility provisions.
Requires: (1) motor vehicle manufacturers for each year through 2010 to transmit to the Secretary the make and model of motor vehicles with automatic transmissions that do not have an anti-rollaway system; and (2) the Secretary to make such information available to the public.
Requires the Secretary to: (1) establish and maintain a database of injuries and deaths in nontraffic, noncrash motor vehicle events; (2) supplement an existing consumer information program on child safety or create a new program with information about hazards to children in nontraffic, noncrash incident situations; and (3) make such information available to the public. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to issue regulations to reduce the incidence of child injury and death occurring inside or outside of light motor vehicles, and for other purposes."} | 1,806 | 347 | 0.644469 | 2.296227 | 0.794401 | 3.665625 | 5.35 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children of Fallen Heroes
Scholarship Act''.
SEC. 2. CALCULATION OF ELIGIBILITY.
Section 473(b) of the Higher Education Act of 1965 (20 U.S.C.
1087mm(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
inserting ``(in the case of a student who meets the
requirement of subparagraph (B)(i)), or academic year
2015-2016 (in the case of a student who meets the
requirement of subparagraph (B)(ii)),'' after
``academic year 2009-2010''; and
(B) by amending subparagraph (B) to read as
follows:
``(B) whose parent or guardian was--
``(i) a member of the Armed Forces of the
United States and died as a result of
performing military service in Iraq or
Afghanistan after September 11, 2001; or
``(ii) actively serving as a public safety
officer and died in the line of duty while
performing as a public safety officer; and'';
(2) in paragraph (3)--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(A) Armed forces.--Notwithstanding'';
(B) by striking ``paragraph (2)'' and inserting
``subparagraphs (A), (B)(i), and (C) of paragraph
(2)''; and
(C) by adding at the end the following:
``(B) Public safety officers.--Notwithstanding any
other provision of law, unless the Secretary
establishes an alternate method to adjust the expected
family contribution, for each student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
paragraph (2), a financial aid administrator shall--
``(i) verify with the student that the
student is eligible for the adjustment;
``(ii) adjust the expected family
contribution in accordance with this
subsection; and
``(iii) notify the Secretary of the
adjustment and the student's eligibility for
the adjustment.''; and
(3) by adding at the end the following:
``(4) Treatment of pell amount.--Notwithstanding section
1212 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796d-1), in the case of a student who receives an
increased Federal Pell Grant amount under this section, the
total amount of such Federal Pell Grant, including the increase
under this subsection, shall not be considered in calculating
that student's educational assistance benefits under the Public
Safety Officers' Benefits program under subpart 2 of part L of
title I of such Act.
``(5) Definition of public safety officer.--For purposes of
this subsection, the term `public safety officer' means--
``(A) a public safety officer, as defined in
section 1204 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b); or
``(B) a fire police officer, defined as an
individual who--
``(i) is serving in accordance with State
or local law as an officially recognized or
designated member of a legally organized public
safety agency;
``(ii) is not a law enforcement officer, a
firefighter, a chaplain, or a member of a
rescue squad or ambulance crew; and
``(iii) provides scene security or directs
traffic--
``(I) in response to any fire
drill, fire call, or other fire,
rescue, or police emergency; or
``(II) at a planned special
event.''.
SEC. 3. CALCULATION OF PELL GRANT AMOUNT.
Section 401(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``The Amount'' and inserting ``Subject to
subparagraph (C), the amount''; and
(2) by adding at the end the following new subparagraph:
``(C) In the case of a student who meets the
requirements of subparagraphs (A), (B)(ii), and (C) of
section 473(b)(2)--
``(i) clause (ii) of subparagraph (A) of
this paragraph shall be applied by substituting
`from the amounts appropriated in the last
enacted appropriation Act applicable to that
award year, an amount equal to the amount of
the increase calculated under paragraph (7)(B)
for that year' for `the amount of the increase
calculated under paragraph (7)(B) for that
year'; and
``(ii) such student--
``(I) shall be provided an amount
under clause (i) of this subparagraph
only to the extent that funds are
specifically provided in advance in an
appropriation Act to such students for
that award year; and
``(II) shall not be eligible for
the amounts made available pursuant to
clauses (i) through (iii) of paragraph
(7)(A).''.
SEC. 4. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
July 1, 2015.
Passed the Senate May 10, 2016.
Attest:
JULIE E. ADAMS,
Secretary. | . Children of Fallen Heroes Scholarship Act (Sec. 2) This bill amends the Higher Education Act of 1965 to eliminate the expected family contribution (EFC) used to determine financial need in the case of a Pell Grant-eligible student whose parent or guardian died in the line of duty as a police officer, firefighter, or other public safety officer. Such student is eligible to receive an automatic zero EFC and qualify for the maximum Pell Grant award if the student was less than 24 years old or enrolled at an institution of higher education at the time of the parent or guardian's death. (Sec. 4) It specifies procedures for determining the budgetary effects of this bill for compliance with the Statutory Pay-As-You-Go (PAYGO) Act of 2010. | {"src": "billsum_train", "title": "Children of Fallen Heroes Scholarship Act"} | 1,355 | 181 | 0.540856 | 1.540661 | 0.787873 | 2.686667 | 8.126667 | 0.793333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Dependency Act of 1993''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds:
(1) In the period since 1960 the average annual caseload of
the aid to families with dependent children program (hereafter
referred to in this section as ``AFDC'') under title IV of the
Social Security Act has quintupled.
(2) In 1990 there were on average almost twice as many
households receiving AFDC payments as the number of households
and individuals receiving unemployment compensation benefits.
(3) Nearly one-quarter of children born in the period 1967
through 1969 were on welfare (AFDC) before reaching age 18. For
minority children this ratio approached three-quarters.
(4) At any given time one-quarter of school children are
from single parent families, or households with neither parent.
The National Assessment of Educational Progress has documented
the educational losses associated with single parent or no
parent households.
(5) Only one-quarter of father-absent families receive full
child support and over one-half receive none.
(6) The average AFDC benefit has declined by more than one-
third since 1960.
(7) The burden of welfare dependency is an issue of
necessary concern to women, who in overwhelming proportion are
the heads of single parent families.
(8) The rate of welfare dependency may be rising. However,
the statistical basis on which to assess this national issue is
wholly inadequate, much as the statistical basis for addressing
issues of unemployment was inadequate prior to the Employment
Act of 1946, which required the creation of the annual economic
report of the President and the development of unemployment
rates.
(b) Congressional Policy.--The Congress hereby declares that--
(1) it is the policy and responsibility of the Federal
Government to reduce welfare dependency to the lowest possible
level, and to assist families toward self-sufficiency,
consistent with other essential national goals;
(2) it is the policy of the United States to strengthen
families, to ensure that children grow up in families that are
economically self-sufficient and to underscore the
responsibility of parents to support their children;
(3) the Federal Government should help welfare recipients
as well as individuals at risk of welfare dependency to improve
their education and job skills, to obtain access to necessary
support services, and to take such other steps as may assist
them to meet their responsibilities to become financially
independent; and
(4) it is the purpose of this Act to aid in lowering
welfare dependency by providing the public with generally
accepted measures of welfare dependency so that the public can
track dependency over time and determine whether progress is
being made in reducing welfare dependency and enabling families
to be self-sufficient.
SEC. 3. MEASUREMENT AND REPORTING OF WELFARE DEPENDENCY.
(a) In General.--Title IV of the Social Security Act (42 U.S.C. 601
et seq.) is amended by inserting after section 413 the following new
section:
``measurement and reporting of welfare dependency
``Sec. 414. (a) Development of Welfare Dependency Indicators,
Rates, and Predictors.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Agriculture, shall develop indicators, rates, and
predictors of welfare dependency.
``(2) Development.--The Secretary shall--
``(A) develop--
``(i) indicators and rates related to the
level of welfare dependency in the United
States; and
``(ii) predictors that are correlated with
welfare dependency;
``(B) assess the data needed to report annually on
the indicators, rates, and predictors, including the
ability of existing data collection efforts to provide
such data and any additional data collection needs; and
``(C) not later than 2 years after the date of the
enactment of this section, provide an interim report
containing conclusions resulting from the development
and assessment described in subparagraphs (A) and (B),
to--
``(i) the Committee on Ways and Means of
the House of Representatives;
``(ii) the Committee on Education and Labor
of the House of Representatives;
``(iii) the Committee on Agriculture of the
House of Representatives;
``(iv) the Committee on Energy and Commerce
of the House of Representatives;
``(v) the Committee on Finance of the
Senate;
``(vi) the Committee on Labor and Human
Resources of the Senate; and
``(vii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
``(3) Considerations.--In developing the indicators, rates,
and predictors, the Secretary shall consider the complexity of
patterns of welfare dependency and self-sufficiency attainment,
and the external factors, including the economy, that affect
welfare dependency.
``(b) Advisory Board on Welfare Dependency.--
``(1) Establishment.--There is established an Advisory
Board on Welfare Dependency (hereafter referred to in this
section as the ``Board'').
``(2) Composition.--The Board shall be composed of 12
members with equal numbers to be appointed by the House of
Representatives, the Senate, and the President. The Board shall
be composed of experts in the fields of welfare research and
statistical methodology, representatives of State and local
welfare agencies, and organizations concerned with welfare
issues.
``(3) Vacancies.--Any vacancy occurring in the membership
of the Board shall be filled in the same manner as the original
appointment for the position being vacated. The vacancy shall
not affect the power of the remaining members to execute the
duties of the Board.
``(4) Duties.--Duties of the Board shall include--
``(A) providing advice and recommendations to the
Secretary on the development of indicators, rates, and
predictors of welfare dependency, and the
identification of data collection needs and existing
data collection efforts, described in subsection
(a)(2)(B); and
``(B) providing advice on the development and
presentation of the annual report on welfare dependency
indicators, rates, and predictors required under
subsection (c).
``(5) Travel expenses.--Members of the Board shall not be
compensated, but shall receive 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, for each day the member is engaged in the
performance of duties away from the home or regular place of
business of the member.
``(6) Detail of federal employees.--The Secretary shall
detail, without reimbursement, any of the personnel of the
Department of Health and Human Services to the Board to assist
the Board in carrying out its duties. Any detail shall not
interrupt or otherwise affect the civil service status or
privileges of the Federal employee.
``(7) Voluntary service.--Notwithstanding section 1342 of
title 31, United States Code, the Board may accept the
voluntary services provided by a member of the Board.
``(8) Termination of board.--The Board shall be terminated
at such time as the Secretary determines the duties described
in paragraph (4) have been completed, but in any case prior to
the submission of the first report required under subsection
(c).
``(c) Annual Welfare Dependency Report.--
``(1) Preparation.--The Secretary shall prepare an annual
report on welfare dependency in the United States. The report
shall attempt to identify indicators, rates, and predictors of
welfare dependency and trends in dependency, and provide
information and analysis on the causes of dependency.
``(2) Coverage.--The report shall include analysis of
families and individuals receiving assistance under means-
tested benefit programs, including the program of aid to
families with dependent children under this part, the food
stamp program under the Food Stamp Act of 1977, and the
Supplemental Security Income program under title XVI, or as
general assistance under programs administered by State and
local governments.
``(3) Contents.--Each report shall set forth--
``(A) for each of the means-tested benefit programs
described in paragraph (2)--
``(i) current trends in the number and
rates of recipients and the characteristics,
including age, sex, marital status, presence of
children, labor force participation, and
disability, of the recipients; and
``(ii) total expenditures;
``(B) the proportion of the total population
receiving each of the programs and patterns of multiple
program participation and recipiency duration;
``(C)(i) characteristics of each such program,
including total expenditures broken down by Federal and
State shares, gross income limit, need standards, and
maximum potential benefit by State; and
``(ii) a description of the interactions among the
programs;
``(D) in the case of the second, or a subsequent,
report, changes in the information described in
subparagraphs (A) through (C) from the previous year,
and trends in program participation;
``(E) annual numerical goals for recipients, and
expenditures, within each program and within
significant subgroups within the population, for the
calendar year in which the report is transmitted and
for each of the following 4 calendar years, which goals
shall, consistent with other essential national goals,
reflect the objectives of--
``(i) reducing welfare dependency to the
lowest possible level; and
``(ii) increasing family self-sufficiency
at or above the Federal poverty level to the
greatest extent possible;
``(F)(i) the programs and policies as the
Secretary, in consultation with the Board, determines
are necessary to meet the goals for each of the 5
years; and
``(ii) such recommendations for legislation, which
shall not include proposals to reduce eligibility
levels or impose barriers to program access, as the
Secretary may determine to be necessary or desirable to
reduce welfare dependency; and
``(G) interim goals for reducing the proportion of
children, and families with children, who are
recipients of aid to families with dependent children
to 10 percent of families with children, adjusted for
economic conditions.
``(4) Submission.--The Secretary shall submit such a report
not later than 3 years after the date of the enactment of this
section, and annually thereafter, to the committees specified
in subsection (a)(2)(C). The report shall be transmitted during
the first 60 days of each regular session of Congress.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective on the date of the enactment of this Act. | Welfare Dependency Act of 1993 - Amends title IV of the Social Security Act to require the Secretary of Health and Human Services to develop indicators, rates, and predictors or welfare dependency.
Establishes an Advisory Board on Welfare Dependency to advise the Secretary on their development.
Requires the Secretary to report annually to the Congress on welfare dependency in the United States. | {"src": "billsum_train", "title": "Welfare Dependency Act of 1993"} | 2,275 | 81 | 0.449273 | 1.118604 | 0.823045 | 3.652174 | 32.246377 | 0.927536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Claims Licensing Advancement for
Interstate Matters Act'' or the ``CLAIM Act''.
SEC. 2. STATE FLEXIBILITY IN MULTISTATE ADJUSTER LICENSING REFORMS.
(a) In General.--Section 4 shall take effect upon the expiration of
the 4-year period beginning on the date of the enactment of this Act
unless, before the expiration of such period, those States that license
independent claims adjusters have enacted--
(1) uniform laws and regulations governing the licensure of
individuals and entities authorized to adjust insurance claims
within the State; and
(2) reciprocity laws and regulations governing the
licensure of nonresident individuals and entities authorized to
adjust insurance claims within those States.
(b) Uniformity Required.--States shall be deemed to have
established the uniformity necessary to comply with subsection (a)(1)
if the States--
(1) establish uniform criteria regarding the integrity,
personal qualifications, education, training, and experience of
licensed independent claims adjusters for--
(A) property and casualty insurance;
(B) workers compensation insurance; and
(C) such other lines as a State may choose to
regulate.
(2) establish uniform continuing education requirements for
licensed independent claims adjusters for each line of
insurance under paragraph (1) that a State chooses to regulate;
(3) establish uniform ethics course requirements for
licensed independent claims adjusters in conjunction with the
continuing education requirements under paragraph (2);
(4) do not impose any requirement upon any independent
claims adjuster to be licensed or otherwise qualified to do
business as a nonresident that has the effect of limiting or
conditioning that independent claims adjuster's activities
because of its residence or place of operations; and
(5) utilize a uniform license application.
(c) Reciprocity Required.--States shall be deemed to have
established the reciprocity required to comply with subsection (a)(2)
if the following conditions are met:
(1) Administrative licensing procedures.--Each State that
licenses independent claims adjusters permits an independent
claims adjuster that has a license for adjusting insurance
claims in their home State to receive a license to adjust
insurance claims in those other States as a nonresident to the
same extent that such independent claims adjuster is permitted
to adjust insurance claims in their home State without
satisfying any additional requirements other than submitting--
(A) a request for licensure utilizing the uniform
license application;
(B) a copy of, or evidence of, a valid license held
by the adjuster in their home State (unless such
information is available in the National Insurance
Producer Registry Producer Database); and
(C) the payment of any requisite fee to the
appropriate authority.
(2) Continuing education requirements.--Each State that
licenses an independent claims adjuster accepts an insurance
claims adjuster's satisfaction of their home State's continuing
education requirements for licensed insurance claims adjusters
to satisfy the State's own continuing education requirements.
(3) No limiting nonresident requirements.--A State does not
impose any requirement upon any independent claims adjuster to
be licensed or otherwise qualified to do business as a
nonresident that has the effect of limiting or conditioning
that independent claims adjuster's activities because of its
residence or place of operations.
(4) Reciprocal reciprocity.--Each of the States that
satisfies paragraphs (1), (2), and (3) grants reciprocity to
residents of all of the other States that satisfy such
paragraphs.
(d) Determination.--
(1) Determination.--A State shall be considered to be in
compliance with subsection (a) for purposes of this Act if the
National Association of Registered Agents and Brokers
determines that, before the expiration of the 4-year period
beginning on the date of the enactment of this Act, the State
is in compliance with the requirements under such subsection.
(2) Continued review.--With respect to any State that the
National Association of Registered Agents and Brokers has
determined to be in compliance with the requirements of
subsection (a), the National Association of Registered Agents
and Brokers shall continue to review and determine such State's
compliance with the requirements of subsection (a) on an annual
basis. If the National Association of Registered Agents and
Brokers determines at any time that a State no longer is in
compliance with the requirements of subsection (a), section 4
shall apply with respect to such State.
(3) Judicial review.--The appropriate United States
District Court shall have exclusive jurisdiction over any
challenge arising under this section. The court shall apply the
standards set forth in section 706 of title 5, United States
Code, in reviewing any such challenge.
SEC. 3. STATE AUTHORITIES.
Nothing in this Act shall be construed to--
(1) require a State that does not have licensing
requirements for independent claims adjusters to adopt any such
requirements;
(2) subject to section 2, limit the right of a State to
establish licensing fees or enforce its laws regarding the
adjusting of insurance claims, provided that such State fee is
uniform regardless of the State of residence of the licensee in
that State; or
(3) affect the jurisdiction and authority of a State
insurance regulator to prescribe and enforce its insurance
laws, rules, and regulations regulating independent claims
adjuster activity in its jurisdiction.
SEC. 4. AUTHORITY FOR INTERSTATE CLAIMS ADJUSTING.
In the case of any State that requires and issues licenses for
independent claims adjusters but is not in compliance with section 2,
after the expiration of the 4-year period beginning on the date of the
enactment of this Act, an independent claims adjuster may apply to the
National Association of Registered Agents and Brokers for Membership
for the purpose of licensure in each such State not in compliance with
section 2, provided that such independent claims adjuster pays the
requisite fees, including licensing fees. For purposes of this
provision, upon such date an independent claims adjuster shall be
determined to be a person that negotiates policies of insurance and
offers advice, counsel, opinions or services related to insurance, as
such terms are used in section 334(5) of Public Law 106-102, as amended
by section 202(a) of Public Law 114-1 (15 U.S.C. 6764(5); 129 Stat.
27).
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Home state.--
(A) Actual.--The term ``home State'' means, with
respect to an independent claims adjuster, the State in
which the adjuster maintains his, her, or its principal
place of residence or business and is licensed upon
having passed an exam as an independent claims
adjuster.
(B) Designated.--If the State in which an
independent claims adjuster maintains his or her
principal place of residence or business does not issue
an independent claims adjuster license or require an
examination as a condition for such licensure for the
line or lines of authority sought, such term means any
other State in which the independent claims adjuster is
so licensed upon having passed an exam and that is
designated by such adjuster as his or her home State.
(2) Independent claims adjuster.--The term ``independent
claims adjuster'' means an individual, other than a public
adjuster, who undertakes on behalf of insurers or self-insurers
to investigate, evaluate, and negotiate the resolution of the
amount of a property, casualty, liability, disability, or
workers' compensation claim, loss, or damage on behalf of an
insurance policy or insurer or as a third party on behalf of a
self-insurer. Such term includes company or staff adjusters,
who are individuals, other than a public adjuster, employed by
property casualty insurers and undertake to investigate,
evaluate, and negotiate the resolution of a property, casualty,
liability, disability, or workers' compensation claim, loss, or
damage on behalf of an insurance policy or insurer.
(3) Public adjuster.--The term ``public adjuster'' means
any person who, for compensation or any other thing of value,
on behalf of the insured acts, aids, advertises, or solicits
business to ascertain, determine, negotiate, or settle the
amount of a claim, loss, or damage, solely in relation to first
party claims arising under contracts that insure the real or
personal property of the insured.
(4) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
(5) State law.--The term ``State law'' includes all laws,
decisions, rules, regulations, or other State action of any
State having the effect of law; and a law of the United States
applicable only to the District of Columbia shall be treated as
a State law rather than as a law of the United States. | Claims Licensing Advancement for Interstate Matters Act or the CLAIM Act This bill authorizes an independent insurance claims adjuster to apply to the National Association of Registered Agents and Brokers for membership for the purpose of licensure in any state that requires a license for such adjusters and that does not have in effect, four years after this bill's enactment: (1) uniform laws and regulations governing the licensure of individuals and entities within the state, and (2) reciprocity laws and regulations governing the licensure of nonresident individuals and entities. | {"src": "billsum_train", "title": "Claims Licensing Advancement for Interstate Matters Act"} | 1,968 | 124 | 0.673192 | 1.902304 | 0.629321 | 4.785714 | 18.653061 | 0.94898 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Incentivize Growth Now In Tomorrow's
Entrepreneurs Act of 2015''.
SEC. 2. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
(a) In General.--Subchapter F of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--SMALL BUSINESS START-UP SAVINGS ACCOUNTS
``Sec. 530A. Small Business Start-Up Savings Accounts.
``SEC. 530A. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
``(a) General Rule.--A small business start-up savings account
shall be exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, the small business start-up savings account shall
be subject to the taxes imposed by section 511 (relating to imposition
of tax on unrelated business income of charitable organizations).
``(b) Small Business Start-Up Savings Account.--The term `small
business start-up savings account' means a trust created or organized
in the United States exclusively for the purpose of making qualified
start-up expenditures of the individual who is the designated
beneficiary of the trust (and designated as a small business start-up
savings account at the time created or organized), but only if the
written governing instrument creating the trust meets the following
requirements:
``(1) Except in the case of a rollover contribution
described in subsection (d)(4), no contribution will be
accepted unless it is in cash, and contributions will not be
accepted if such contribution would result in aggregate
contributions for the taxable year not exceeding the lesser
of--
``(A) $10,000, or
``(B) an amount equal to the compensation (as
defined in section 219(f)(1)) includible in the
individual's gross income for such taxable year.
``(2) The trustee is a bank (as defined in section 408(n))
or such other person who demonstrates to the satisfaction of
the Secretary that the manner in which such other person will
administer the trust will be consistent with the requirements
of this section.
``(3) No part of the trust funds will be invested in life
insurance contracts.
``(4) The assets of the trust will not be commingled with
other property except in a common trust fund or common
investment fund.
``(c) Qualified Start-Up Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified start-up
expenditures' has the meaning given such term by section 195.
``(2) Special rule for corporation or partnership
interests.--Such term includes the taxpayer's allocable share
of qualified start-up expenditures of an entity in which the
taxpayer directly holds stock or a capital or profits interest.
``(3) Exception.--Such term shall not apply to any
expenditures paid or incurred in a taxable year in connection
with a trade or business if there is any day during the taxable
year on which the number of full-time employees of the trade or
business exceeds 50.
``(d) Tax Treatment of Distributions.--
``(1) In general.--Any distribution shall be includible in
the gross income of the distributee in the manner as provided
in section 72.
``(2) Distributions for qualified start-up expenditures.--
``(A) In general.--No amount shall be includible in
gross income under paragraph (1) if the qualified
start-up expenditures of the individual during the
taxable year are not less than the aggregate
distributions during the taxable year.
``(B) Distributions in excess of expenses.--If such
aggregate distributions exceed such expenses during the
taxable year, the amount otherwise includible in gross
income under paragraph (1) shall be reduced by the
amount which bears the same ratio to the amount which
would be includible in gross income under paragraph (1)
(without regard to this subparagraph) as the qualified
start-up expenditures bear to such aggregate
distributions.
``(C) Disallowance of excluded amounts as
deduction, credit, or exclusion.--No deduction, credit,
or exclusion shall be allowed to the taxpayer under any
other section of this chapter for any qualified start-
up expenditure to the extent taken into account in
determining the amount of the exclusion under this
paragraph.
``(3) Excess contributions returned before due date of
return.--
``(A) In general.--If any excess contribution is
contributed for a taxable year to any small business
start-up savings account of an individual, paragraph
(1) shall not apply to distributions from the small
business start-up savings accounts of such individual
(to the extent such distributions do not exceed the
aggregate excess contributions to all such accounts of
such individual for such year) if--
``(i) such distribution is received by the
individual on or before the last day prescribed
by law (including extensions of time) for
filing such individual's return for such
taxable year, and
``(ii) such distribution is accompanied by
the amount of net income attributable to such
excess contribution.
``(B) Excess contribution.--For purposes of
subparagraph (A), the term `excess contribution' means
any contribution (other than a rollover contribution
described in paragraph (4)) which when added to all
previous contributions for the taxable year exceeds the
amount allowable as a contribution under subsection
(b)(1).
``(4) Rollover contribution.--Paragraph (1) shall not apply
to any amount paid or distributed from a small business start-
up savings account to the account beneficiary to the extent the
amount received is paid into a small business start-up savings
account for the benefit of such beneficiary not later than the
60th day after the day on which the beneficiary receives the
payment or distribution. For purposes of this paragraph, rules
similar to the rules of section 408(d)(3)(D) shall apply.
``(5) Transfer of account incident to divorce.--The
transfer of an individual's interest in a small business start-
up savings account to an individual's spouse or former spouse
under a divorce or separation instrument described in
subparagraph (A) of section 71(b)(2) shall not be considered a
taxable transfer made by such individual notwithstanding any
other provision of this subtitle, and such interest shall,
after such transfer, be treated as a small business start-up
savings account with respect to which such spouse is the
account beneficiary.
``(6) Treatment after death of account beneficiary.--
``(A) Treatment if designated beneficiary is
spouse.--If the account beneficiary's surviving spouse
acquires such beneficiary's interest in a small
business start-up savings account by reason of being
the designated beneficiary of such account at the death
of the account beneficiary, such account shall be
treated as if the spouse were the account beneficiary.
``(B) Other cases.--
``(i) In general.--If, by reason of the
death of the account beneficiary, any person
acquires the account beneficiary's interest in
a small business start-up savings account in a
case to which subparagraph (A) does not apply--
``(I) such account shall cease to
be a small business start-up savings
account as of the date of death, and
``(II) an amount equal to the fair
market value of the assets in such
account on such date shall be
includible if such person is not the
estate of such beneficiary, in such
person's gross income for the taxable
year which includes such date, or if
such person is the estate of such
beneficiary, in such beneficiary's
gross income for the last taxable year
of such beneficiary.
``(ii) Special rules.--
``(I) Reduction of inclusion for
predeath expenses.--The amount
includible in gross income under clause
(i) by any person (other than the
estate) shall be reduced by the amount
of qualified start-up expenditures
which were incurred by the decedent
before the date of the decedent's death
and paid by such person within 1 year
after such date.
``(II) Deduction for estate
taxes.--An appropriate deduction shall
be allowed under section 691(c) to any
person (other than the decedent or the
decedent's spouse) with respect to
amounts included in gross income under
clause (i) by such person.
``(e) Community Property Laws.--This section shall be applied
without regard to any community property laws.
``(f) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in subsection (n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute a small business
start-up account described in subsection (a). For purposes of this
title, in the case of a custodial account treated as a trust by reason
of the preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(g) Adjustment for Inflation.--In the case of a taxable year
beginning after December 31, 2015, the dollar amount in subsection
(b)(1) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2014' for
`calendar year 1992' in subparagraph (B) thereof.
If any amount as increased under the preceding sentence is not a
multiple of $100, such amount shall be rounded to the nearest multiple
of $100.
``(h) Reports.--The trustee of a small business start-up savings
account shall make such reports regarding such account to the Secretary
and to the individual for whom the account is, or is to be, maintained
with respect to contributions (and the years to which they relate),
distributions, aggregating $10 or more in any calendar year, and such
other matters as the Secretary may require. The reports required by
this subsection--
``(1) shall be filed at such time and in such manner as the
Secretary prescribes, and
``(2) shall be furnished to individuals--
``(A) not later than January 31 of the calendar
year following the calendar year to which such reports
relate, and
``(B) in such manner as the Secretary prescribes.
``(i) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary to carry out this section, including
for purposes of subsection (c)(2) the making reports by regarding
qualified start-up expenditures of an entity in which the taxpayer
directly holds stock or a capital or profits interest.''.
(b) Tax on Prohibited Transactions.--
(1) In general.--Paragraph (1) of section 4975(e) of such
Code (relating to prohibited transactions) is amended by
striking ``or'' at the end of subparagraph (F), by
redesignating subparagraph (G) as subparagraph (H), and by
inserting after subparagraph (F) the following new
subparagraph:
``(G) a small business start-up savings account
described in section 530A, or''.
(2) Special rule.--Subsection (c) of section 4975 of such
Code is amended by adding at the end of subsection (c) the
following new paragraph:
``(7) Special rule for small business start-up savings
accounts.--An individual for whose benefit a small business
start-up savings account is established and any contributor to
such account shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if
section 530A(d)(1) applies with respect to such transaction or
if such transaction is a qualified start-up expenditure (as
defined in section 530A(c)).''.
(c) Failure To Provide Reports on Small Business Start-Up Savings
Accounts.--Paragraph (2) of section 6693(a) of such Code is amended by
striking ``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by adding
at the end the following new subparagraph:
``(F) section 530A(h) (relating to small business
start-up savings accounts).''.
(d) Excess Contributions.--Section 4973 of such Code is amended by
adding at the end the following new subsection:
``(i) Excess Contributions to Small Business Start-Up Savings
Accounts.--For purposes of this section, in the case of contributions
to a small business start-up savings account (within the meaning of
section 530A(b)), the term `excess contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed for the taxable year
to such accounts (other than a rollover contribution
described in section 530A(d)(4)), over
``(B) the amount allowable as a contribution under
section 530A(b)(1), and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of the maximum amount
allowable as a contribution under sections 530A(b)(1)
for the taxable year over the amount contributed to the
accounts for the taxable year.
For purposes of this subsection, any contribution which is
distributed from a small business start-up savings account in a
distribution described in section 530A(d)(3) shall be treated
as an amount not contributed.''.
(e) Clerical Amendment.--The table of contents for subchapter F of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IX. Small Business Start-Up Savings Accounts''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2015 This bill creates tax-exempt small business start-up accounts to pay for the start-up expenses (defined as expenses for investigating the creation or acquisition of an active trade or business) of a business that does not employ more than 50 full-time employees during a taxable year. Cash contributions to such accounts are allowed up to the lesser of $10,000 or the amount of compensation includible in the taxpayer's gross income for the taxable year. | {"src": "billsum_train", "title": "Incentivize Growth Now In Tomorrow's Entrepreneurs Act of 2015"} | 3,251 | 111 | 0.565706 | 1.576315 | 0.978708 | 2.381443 | 30.597938 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scleroderma and Fibrosis Research
Enhancement Act of 2015''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Scleroderma, or systemic sclerosis, is a chronic and
potentially fatal rheumatic autoimmune disease of the
connective tissue.
(2) About 100,000 Americans have systemic sclerosis, which
causes fibrosis (very similar to scarring where excess
connective tissue is created). The symptoms of scleroderma vary
greatly for each person, and the effects of scleroderma can
range from very mild to life-threatening. The seriousness of
scleroderma depends on the parts of the body that are affected
and the extent to which they are affected.
(3) Nearly 45 percent of all deaths in the developed world
are attributed to some type of chronic fibroproliferative
disease. As scleroderma impacts multiple organ systems,
systemic sclerosis can be considered as a prototypical disease
for study, and any insights into its causes are likely to be
applicable more broadly to other forms of organ fibrosis and
fibrotic illnesses (such as pulmonary fibrosis and liver
fibrosis).
(4) Various institutes and centers of the National
Institutes of Health currently support research into forms of
fibrotic illness, but there is little coordination and limited
cross-cutting opportunity between these research portfolios.
Much scientific progress will be gained by taking a broad,
collaborative, and systematic approach to studying fibrosis.
SEC. 3. NATIONAL COMMISSION ON SCLERODERMA AND FIBROSIS RESEARCH.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Director of the National Institute of
Arthritis and Musculoskeletal and Skin Diseases, acting jointly with
the Director of the National Institutes of Health, shall establish a
National Commission on Scleroderma and Fibrosis Research (in this
section referred to as the ``Commission'') to develop the long-term
plan under subsection (b).
(b) Long-Term Plan.--
(1) In general.--Not later than 18 months after the date of
establishment of the Commission, the Commission shall develop
and submit to the Congress a long-term plan on opportunities
and challenges in scleroderma and fibrosis research.
(2) Recommendations on research opportunities.--The plan
under paragraph (1) shall include recommendations on relevant
research opportunities over the next decade, including--
(A) a comprehensive research plan which prioritizes
fibrosis research opportunities that have cross-cutting
value and require coordination across multiple
institutes and centers of the National Institutes of
Health;
(B) topic-specific research recommendations for
each organ or system; and
(C) an overview of common themes and specific steps
for implementation of scleroderma and fibrosis
research.
(c) Working Groups.--The Commission shall establish working
groups--
(1) to consider the various organs and systems impacted by
fibrotic illness; and
(2) to formulate the topic-specific research
recommendations under subsection (b)(2)(B).
(d) Membership.--The Commission shall be composed of--
(1) the Director of the National Institute of Arthritis and
Musculoskeletal and Skin Diseases (or the Director's
representative);
(2) a representative of the Office of the Director of the
National Institutes of Health who can provide input on program
coordination across the institutes and centers of the National
Institutes of Health;
(3) staff from institutes and centers of the National
Institutes of Health, as determined appropriate; and
(4) non-Federal medical experts and patient advocates
representing the various manifestations of scleroderma and
fibrosis, as determined necessary to form effective working
groups under subsection (c).
(e) Termination.--The Commission shall terminate not later than 2
years after the date of its establishment.
SEC. 4. SCLERODERMA AND FIBROSIS WORKING GROUP.
(a) Establishment.--Not later than 180 days after the development
and dissemination of the long-term plan under section 3(b), the
Director of the National Institute of Arthritis and Musculoskeletal and
Skins Diseases shall create a working group, to be known as the
Scleroderma and Fibrosis Working Group (in this section referred to as
the ``Working Group'').
(b) Responsibilities.--The Working Group shall--
(1) oversee and assist with the implementation of the
recommendations and research opportunities identified in the
long-term plan under section 3(b);
(2) coordinate with the Office of the Director of the
National Institutes of Health and the various institutes and
centers of the National Institutes of Health as appropriate to
oversee and assist with such implementation; and
(3) report, as needed, to the advisory council of the
National Institute of Arthritis and Musculoskeletal and Skin
Diseases.
(c) Membership.--The Working Group shall be composed of--
(1) representatives of the institutes and centers at the
National Institutes of Health with active or planned research
projects in scleroderma or fibrosis, particularly staff who are
serving or have served on the National Commission on
Scleroderma and Fibrosis Research under section 3; and
(2) patient advocates and extramural researchers who can
provide meaningful input on the recommendations and research
opportunities identified in the long-range plan under section
3(b), particularly individuals who are serving or have served
on the National Commission on Scleroderma and Fibrosis Research
under section 3.
(d) Meetings.--The Director of the National Institute of Arthritis
and Musculoskeletal and Skin Diseases shall convene the Working Group
for a meeting at least 3 times each year.
SEC. 5. REPORT TO CONGRESS.
Not later than 2 years after the date of establishment of the
National Commission on Scleroderma and Fibrosis Research under section
3, the Director of the National Institute of Arthritis and
Musculoskeletal and Skin Diseases shall submit to the Congress a report
on implementation of the long-range plan under section 3(b). | Scleroderma and Fibrosis Research Enhancement Act of 2015 This bill requires the National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS) to establish the National Commission on Scleroderma and Fibrosis Research. (Scleroderma and fibrosis are connective tissue conditions that cause hardening or scarring of skin and organs.) The commission must develop a long-term, comprehensive plan for scleroderma and fibrosis research. The plan must: (1) prioritize research that has cross-cutting value and requires coordination across NIH, and (2) include specific steps for implementation of the research. The commission must establish working groups to make research recommendations for the various organs and systems impacted by fibrotic illness. The commission must be terminated not later than two years after establishment. The NIAMS must create the Scleroderma and Fibrosis Working Group to oversee and assist with implementation of the long-term plan. | {"src": "billsum_train", "title": "Scleroderma and Fibrosis Research Enhancement Act of 2015"} | 1,373 | 217 | 0.681273 | 2.260231 | 1.06354 | 2.981481 | 7.271605 | 0.882716 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home School Opportunities Make
Education Sound Act of 2008''.
SEC. 2. ITEMIZER DEDUCTION FOR HOME SCHOOL EDUCATION EXPENSES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended--
(1) by redesignating section 224 as section 225, and
(2) by inserting after section 223 the following new
section:
``SEC. 224. HOME SCHOOL EDUCATION EXPENSES.
``(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 qualified home school education expenses paid by the taxpayer
during the taxable year on behalf of each qualifying child of the
taxpayer.
``(b) Maximum Deduction.--The deduction allowed by subsection (a)
for the taxable year shall not exceed the lesser of--
``(1) $500 for any qualifying child of the taxpayer, and
``(2) $2,000 in the aggregate for all qualifying children
of the taxpayer.
``(c) Definitions.--For purposes of this section--
``(1) Qualifying child.--The term `qualifying child' has
the meaning given to such term in section 24(c).
``(2) Qualified home school education expenses.--
``(A) In general.--The term `qualified home school
education expenses' means expenses for--
``(i) books, supplies, and other equipment
necessary for a course of instruction in a
classroom environment,
``(ii) academic tutoring,
``(iii) special needs services for
qualifying children with disabilities (within
the meaning of the Americans With Disabilities
Act of 1990), and
``(iv) any computer technology or equipment
(as defined in section 170(e)(6)(F)(i)) or
Internet access and related services, if such
technology, equipment, or services are to be
used by the qualifying child and the qualifying
child's family during any of the years that the
qualifying child is educated in an elementary
or secondary home school (not including
computer equipment designed for sports, games,
or hobbies unless such equipment is primarily
educational in nature),
in connection with a course of instruction in an
elementary or secondary home school.
``(B) Elementary or secondary home school.--The
term `elementary or secondary home school' includes any
home school that meets the requirements of State law
applicable to such home schools and that provides
elementary education or secondary education
(kindergarten through grade 12), whether or not such
home school is deemed a private school for purposes of
State law.
``(d) Special Rules.--
``(1) Denial of double benefit.--Except as provided in
paragraphs (2) and (3), no deduction shall be allowed under
subsection (a) for any expense for which a deduction or credit
is allowed to the taxpayer under any other provision of this
chapter.
``(2) Adjustment for coverdell education savings account
distributions and hope and lifetime learning credits.--The
amount of qualified home school education expenses taken into
account under subsection (a) with respect to a qualifying child
for a taxable year shall be reduced by the sum of--
``(A) the amount of any credit allowed under
section 25A with respect to such child for such taxable
year, and
``(B) any amounts excludable under section
530(d)(2) for such taxable year by reason of the
qualified elementary and secondary education expenses
(as defined in section 530(b)(3)) of such child for
such taxable year.
``(3) Adjustment for certain scholarships, etc.--Rules
similar to the rules under section 25A(g)(2) shall apply for
purposes of this section.
``(4) Identification requirement, limitation on taxable
year of deduction, etc.--Rules similar to the rules under
paragraphs (2), (4), and (5) of section 222(d) shall apply for
purposes of this section.''.
(b) 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 item relating to section 224 and inserting the
following new items:
``224. Home school education expenses.
``225. Cross reference.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. ADDITIONAL STANDARD DEDUCTION FOR HOME SCHOOL EDUCATION
EXPENSES FOR NONITEMIZERS.
(a) In General.--Section 63(c)(1) of the Internal Revenue Code of
1986 (defining standard deduction) is amended--
(1) by striking ``and'' at the end of subparagraph (A),
(2) by striking the period at the end of subparagraph (B)
and inserting ``, and'', and
(3) by adding at the end the following new subparagraph:
``(C) the home school education expenses
deduction.''.
(b) Definition.--Section 63(c) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(8) Home school education expenses deduction.--
``(A) In general.--For purposes of paragraph (1),
the home school education expenses deduction is so much
of the amount of the qualified home school education
expenses paid by the taxpayer during the taxable year
on behalf of each qualifying child of the taxpayer--
``(i) as does not exceed $500 with respect
to each such qualifying child, and
``(ii) as does not exceed $2,000 in the
aggregate with respect to all such qualifying
children.
``(B) Qualifying child; qualified home school
education expenses.--For purposes of subparagraph (A)--
``(i) the term `qualifying child' has the
meaning given to such term in section 24(c),
and
``(ii) the term `qualified home school
education expenses' has the meaning given to
such term in section 224(c)(2).
``(C) Special rules.--Rules similar to the rules of
section 224(d) shall apply for purposes of this
paragraph.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Home School Opportunities Make Education Sound Act of 2008 - Amends the Internal Revenue Code to allow all taxpayers, including taxpayers who do not itemize their deductions, a tax deduction for expenses relating to the home schooling of their children at the elementary or secondary school level. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a tax deduction for itemizers and nonitemizers for expenses relating to home schooling."} | 1,447 | 61 | 0.525502 | 1.209634 | 0.771437 | 1.9 | 26.18 | 0.74 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Release Transparency
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The detention facilities at United States Naval
Station, Guantanamo Bay, Cuba, were established in 2002 for the
purpose of detaining those who plan, authorize, commit, or aid
in the planning, authorizing, or committing of acts of
terrorism against the United States.
(2) The facilities have detained individuals who have
killed, maimed, or otherwise harmed innocent civilians and
members of the United States Armed Forces, as well as
combatants who have received specialized training in the
conduct and facilitation of acts of terrorism against the
United States, its citizens, and its allies. This includes 9/11
mastermind Khalid Sheik Mohammed and scores of other known
terrorists.
(3) The location of the detention facilities at Guantanamo
Bay protects the United States, its citizens, and its allies.
No prisoner has ever escaped from Guantanamo Bay.
(4) On January 20, 2009, President Barack Obama issued
Executive Order 13492 ordering the closure of the detention
facilities at Guantanamo Bay, consistent with the national
security and foreign policy interests of the United States and
the interests of justice.
(5) Executive Order 13492 directs the Department of State
to participate in the review of each detainee to determine
whether it is possible to transfer or release the individual
consistent with the national security and foreign policy
interests of the United States.
(6) The Secretary of State is ordered to expeditiously
pursue and direct negotiations and diplomatic efforts with
foreign governments as are necessary and appropriate to
implement Executive Order 13492.
(7) Since 2009, the Department of State has played a
substantial role in the review and transfer of enemy combatants
from the jurisdiction of the United States to the custody or
control of foreign governments through the appointment of a
Special Envoy for Guantanamo Closure.
(8) President Obama has released numerous detainees from
Guantanamo Bay since taking office, some of whom are known or
suspected to have reengaged in terrorist activity.
(9) The transfer of individuals from Guantanamo Bay to
foreign countries sharply increased from 2014 to 2016, bringing
the number of detainees remaining at Guantanamo Bay to less
than 100.
(10) The administration often transfers detainees to
countries in close proximity to their countries of origin. In
some cases, prisoners have been relocated within blocks of
United States diplomatic facilities located in countries with
governments that have publicly stated no intention to monitor
or restrict travel of potentially dangerous former detainees or
that otherwise lack the capacity to mitigate threat potential.
(11) The administration is required to notify Congress of
its intent to transfer individuals detained at Guantanamo
pursuant to section 1034 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) and certify that
among other things, the foreign country to which the individual
is proposed to be transferred has taken or agreed to take
appropriate steps to substantially mitigate any risk the
individual could attempt to reengage in terrorist activity or
otherwise threaten the United States or its allies or
interests.
(12) While not required by law, the administration has
classified these notifications so that only a small number of
individuals are able to know their contents.
(13) The information contained in such a notice does not
warrant classification, given that third-party nations and the
detainees themselves possess such information.
(14) The decision to classify the notice and certification
results in a process that is not transparent, thereby
preventing the American public from knowing pertinent
information about the release of these individuals.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the people of the United States deserve to know who is
being released from the detention facilities at United States
Naval Station, Guantanamo Bay, Cuba, their countries of origin,
their destinations, and the ability of the host nation to
prevent recidivism; and
(2) the people of the United States deserve transparency in
the manner in which the Obama Administration complies with
Executive Order 13492.
SEC. 4. UNCLASSIFIED NOTICE REQUIRED PRIOR TO TRANSFER OF DETAINEES AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO
FOREIGN COUNTRIES AND OTHER FOREIGN ENTITIES.
(a) Notice Required.--Not less than 15 days prior to the transfer
of any individual detained at Guantanamo to the custody or control of
the individual's country of origin, any other foreign country, or any
other foreign entity, the Secretary of State shall submit to the
appropriate committees of Congress an unclassified notice that
includes--
(1) the name, country of origin, and country of destination
of the individual;
(2) the number of individuals detained at Guantanamo
previously transferred to the country to which the individual
is proposed to be transferred; and
(3) the number of such individuals who are known or
suspected to have reengaged in terrorist activity after being
transferred to that country.
(b) Briefing.--The Secretary of State shall brief the appropriate
committees of Congress within 5 days of transmitting the notice
required by subsection (a). Such briefing shall include an explanation
of why the destination country was chosen for the transferee and an
overview of countries being considered for future transfers.
(c) Rule of Construction.--Nothing in this Act shall be construed
to be inconsistent with the requirements of section 1034 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92).
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means
the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate and the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
(2) The term ``individual detained at Guantanamo'' has the
meaning given such term in section 1034(f)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92). | Terrorist Release Transparency Act This bill expresses the sense of Congress that the people of the United States: (1) deserve to know who is being released from the detention facilities at U.S. Naval Station, Guantanamo Bay, Cuba, their countries of origin, their destinations, and the ability of the host nation to prevent recidivism; and (2) deserve transparency in the manner in which the Obama Administration complies with Executive Order 13492. Not less than 15 days before a detained individual's transfer to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity, the Department of State shall submit to Congress an unclassified notice that includes: the name, country of origin, and country of destination of the individual; the number of individuals detained at Guantanamo previously transferred to the country to which the individual is proposed to be transferred; and the number of such individuals who have re-engaged in terrorist activity after being transferred to that country. | {"src": "billsum_train", "title": "Terrorist Release Transparency Act"} | 1,362 | 220 | 0.584458 | 1.634803 | 0.677765 | 6.765625 | 6.505208 | 0.953125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Opinion Coverage Act of
2005''.
SEC. 2. COVERAGE OF SECOND OPINIONS.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. COVERAGE OF SECOND OPINIONS.
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, shall provide that
when requested by a participant, beneficiary, or enrollee or
participating health care professional who is treating the participant,
beneficiary, or enrollee, the plan or issuer shall provide or authorize
a second opinion by an appropriately qualified health care
professional. Reasons for a second opinion to be provided or authorized
include the following:
``(1) If the participant, beneficiary, or enrollee
questions the reasonableness or necessity of recommended
surgical procedures.
``(2) If the participant, beneficiary, or enrollee
questions a diagnosis or plan of care for a condition that
threatens loss of life, loss of limb, loss of bodily function,
or substantial impairment, including a serious chronic
condition.
``(3) If the clinical indications are not clear or are
complex and confusing, a diagnosis is in doubt due to
conflicting test results, or the treating health care
professional is unable to diagnose the condition, and the
participant, beneficiary, or enrollee requests an additional
diagnosis.
``(4) If the treatment plan in progress is not improving
the medical condition of the participant, beneficiary, or
enrollee within an appropriate period of time given the
diagnosis and plan of care and the participant, beneficiary, or
enrollee requests a second opinion regarding the diagnosis or
continuance of the treatment.
``(5) If the participant, beneficiary, or enrollee has
attempted to follow the plan of care or consulted with the
initial provider concerning serious concerns about the
diagnosis or plan of care.
``(b) Appropriately Qualified Health Care Professional Defined.--
For purposes of this section, an `appropriately qualified health care
professional' is a primary care physician or a specialist who is acting
within the professional's scope of practice and who possesses a
clinical background, including training and expertise, related to the
particular illness, disease, condition or conditions associated with
the request for a second opinion.
``(c) Timely Rendering of Opinions.--If a participant, beneficiary,
or enrollee or participating health care professional who is treating a
participant, beneficiary, or enrollee requests a second opinion
pursuant to this section, an authorization or denial shall be provided
in an expeditious manner. When the condition of the participant,
beneficiary, or enrollee is such that the individual faces an imminent
and serious threat to health, including the potential loss of life,
limb, or other major bodily function, or lack of timeliness that would
be detrimental to the individual's ability to regarding maximum
function, the second opinion shall be rendered in a timely fashion
appropriate for the nature of the condition involved, but not to exceed
72 hours after the time of the plan's receipt of the request, whenever
possible. Each plan or issuer shall file with the Secretary timelines
for responding to requests for second opinions for cases involving
emergency needs, urgent care, and other requests by not later than 90
days after the date of the enactment of this section, and within 30
days of any amendment to the timelines. The timelines shall be made
available to the public upon request.
``(d) Limitation on Liability for Costs.--If a group health plan,
or health insurance issuer offering a group health insurance in
connection with such a plan, approves a request by a participant,
beneficiary, or enrollee for a second opinion, the participant,
beneficiary, or enrollee shall be responsible only for the costs of
applicable copayments that the group health plan or issuer requires for
similar referrals.
``(e) Primary Care Requests.--If the participant, beneficiary, or
enrollee is requesting a second opinion about care from the
individual's primary care physician, the second opinion shall be
provided by an appropriately qualified health care professional of the
individual's choice within the same physician organization.
``(f) Specialists.--If the participant, beneficiary, or enrollee is
requesting a second opinion about care from a specialist, the second
opinion shall be provided by any provider of that individual's choice
from any independent practice association or medical group within the
network of the same or equivalent specialty. If the specialist is not
within the same physician organization, the plan or issuer shall incur
the cost or negotiate the fee arrangements of that second opinion,
beyond the applicable copayments which shall be paid by the
participant, beneficiary, or enrollee. If not authorized by the plan or
issuer, additional medical opinions not within the original physician
organization shall be the responsibility of the enrollee.
``(g) Use of Outside Plan Consultants.--If there is no
participating provider under the plan or coverage within the network
who meets the standard specified in subsection (b), then the plan or
issuer shall authorize a second opinion by an appropriately qualified
health professional outside of the plan's or issuer's provider network.
In approving a second opinion either inside or outside of the plan's or
issuer's provider network, the plan or issuer shall take into account
the ability of the participant, beneficiary, or enrollee to travel to
the provider, but the plan or issuer is not liable for costs relating
to such travel.
``(h) Consultation Reports.--The plan or issuer shall require the
second opinion health professional to provide the participant,
beneficiary, or enrollee and the initial health professional with a
consultation report, including any recommended procedures or test that
the second opinion health professional believes appropriate. Nothing in
this section shall be construed to prevent the plan or issuer from
authorizing, based on its independent determination, additional medical
opinions concerning the medical condition of a participant,
beneficiary, or enrollee.
``(i) Notice.--If the plan or issuer denies a request by a
participant, beneficiary, or enrollee for a second opinion, it shall
notify the participant, beneficiary, or enrollee in writing of the
reasons for the denial and shall inform the participant, beneficiary,
or enrollee of the rights to file a grievance with the plan.
``(j) Limitation to Participating Providers.--Unless authorized by
the plan or issuer, in order for services to be covered the
participant, beneficiary, or enrollee shall obtain services only from a
provider who is participating in, or under contract with, the plan or
issuer pursuant to the specific contract under which the participant,
beneficiary, or enrollee is entitled to health care services. The plan
or issuer may limit referrals to its network of providers if there is a
participating plan provider who meets the standard specified in
subsection (b).
``(k) Exemption.--This section shall not apply to health care
service plan contracts that provide benefits to enrollees through
preferred provider contracting arrangements if, subject to all other
terms and conditions of the contract that apply generally to all other
benefits, access to and coverage for second opinions are not limited.
``(l) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. COVERAGE OF SECOND OPINIONS.
``(a) Requirement.--The provisions of section 2707 shall apply
under this subtitle to group health plans, and to group health
insurance coverage offered by a health insurance issuer, in the same
manner as they apply if such provisions were included in this
subsection.
``(b) Notice Under Group Health Plan.--The imposition of the
requirement of this section shall be treated as a material modification
in the terms of the plan described in section 102(a)(1), for purposes
of assuring notice of such requirements under the plan; except that the
summary description required to be provided under the last sentence of
section 104(b)(1) with respect to such modification shall be provided
by not later than 60 days after the first day of the first plan year in
which such requirement apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``714. Coverage of second opinions.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(i) in the table of sections, by inserting
after the item relating to section 9812 the
following new item:
``9813. Coverage of second opinions.'';
and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. COVERAGE OF SECOND OPINIONS.
``The requirements of section 2707 of the Public Health Service Act
shall apply under this section as if such section were included
herein.''.
(B) Conforming amendment.--Section 4980D(d)(1) of
such Code is amended by striking ``section 9811'' and
inserting ``sections 9811 and 9813''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. COVERAGE OF SECOND OPINIONS.
``(a) In General.--The provisions of section 2707 (other than
subsection (l)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
they apply to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning on or after January 1, 2006.
(2) Individual health insurance coverage.--The amendments
made by subsection (b) apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining exception.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) January 1, 2006.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this Act (and the amendments made thereby) are administered
so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Second Opinion Coverage Act of 2005 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan and an issuer offering group coverage to provide coverage for second opinions upon request under certain circumstances, including if: (1) the participant questions the reasonableness or necessity of recommended surgical procedures or of a diagnosis or plan of care for a condition that threatens loss or substantial impairment of life, limb, or bodily function; (2) the clinical indications are not clear or are complex or confusing, a diagnosis is in doubt due to conflicting test results, or the treating health care professional is unable to diagnose the condition; (3) the treatment plan in progress is not improving the medical condition of the participant; and (4) the participant has attempted to follow the plan of care or has consulted with the initial provider concerning serious concerns about the diagnosis or plan of care.
Applies such requirements to coverage offered in the individual market. | {"src": "billsum_train", "title": "To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for second opinions."} | 3,043 | 212 | 0.717259 | 2.188029 | 0.850223 | 4.798995 | 13.638191 | 0.979899 |
SECTION 1. CORE FUEL CELL TECHNOLOGY RESEARCH AND DEVELOPMENT FOR
TRANSPORTATION AND STATIONARY POWER GENERATION.
(a) In General.--The Secretary shall establish a research,
development, demonstration, and commercial application program for fuel
cell technologies for transportation and stationary applications with
the following goals:
(1) Reducing the production cost of hydrogen or gasoline
fueled vehicle fuel cell power systems (including hydrogen
storage costs) to $45 per kilowatt in 2010 at production levels
of 500,000 units per year.
(2) Increasing the electrical efficiency of natural gas or
propane fueled stationary fuel cell systems to 40 percent in
2010.
(3) Validating solutions to the performance and vehicle
interface issues of hydrogen fuel cell vehicles to demonstrate
an increase in durability in a vehicle fleet of such fuel cells
to 2000 hours by 2008.
(b) Elements of Program.--The program authorized under this section
shall include elements that focus on achieving low cost, high-
efficiency, fuel flexible, modular fuel cell power systems, improved
manufacturing production and processes, high-temperature membranes,
cost effective fuel processing for natural gas, fuel cell stack and
system reliability and durability, and freeze/cold start capability.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section--
(1) $78,000,000 for fiscal year 2004;
(2) $80,000,000 for fiscal year 2005;
(3) $100,000,000 for fiscal year 2006;
(4) $110,000,000 for fiscal year 2007; and
(5) $122,000,000 for fiscal year 2008.
SEC. 2. HYDROGEN TECHNOLOGY.
(a) In General.--The Secretary shall establish a research,
development, demonstration, and commercial application program for
hydrogen technologies with the following goals:
(1) Developing and demonstrating distributed hydrogen
generation technology that will reduce the cost (before taxes)
of producing hydrogen from natural gas, when produced in large
quantities, to $1.50 per gallon of gasoline equivalent at
fueling stations in 2010.
(2) Developing and demonstrating hydrogen production from
renewable energy resources at a cost of $2.60 per kilogram in
2008, using biomass-based production.
(3) Developing and validating a hydrogen storage technology
with--
(A) specific energy of 2.0 kilowatt hours per
kilogram (6 weight percent capacity), and energy
density of 1.5 kilowatt hours per liter by 2010; and
(B) specific energy of 3.0 kilowatt hours per
kilogram (9 weight percent capacity), and energy
density of 2.7 kilowatt hours per liter by 2015.
(4) Validating a projected cost of $3.00 per gallon
gasoline equivalent at fueling stations, using infrastructure
and vehicle interface technologies, by 2008.
(b) Activities.--In carrying out this section, the Secretary
shall--
(1) draft technical specifications for an international
agreement on a global technology regulation for hydrogen fuel
cell vehicles and infrastructure;
(2) educate key target audiences, including students and
teachers, local and State government representatives, and large
scale end users, on the concept of a hydrogen economy and how
it may affect them;
(3) initiate tests of prototype hydrogen-from-gas
production technologies and award projects for hydrogen
production and capture of associated carbon dioxide;
(4) initiate a hydrogen-from-coal initiative and identify
appropriate institutions to establish the feasibility of
emerging alternate coal-based hydrogen technologies,
investigate advanced separation technologies, and utilize a
combination of experimental and advanced computational methods
to determine optimal reaction chemistries for producing
hydrogen-from-coal-derived fuels; and
(5) initiate a nuclear hydrogen initiative to develop and
demonstrate the feasibility of nuclear energy for the large-
scale, emission-free production of hydrogen.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section--
(1) $104,000,000 for fiscal year 2004;
(2) $120,000,000 for fiscal year 2005;
(3) $140,000,000 for fiscal year 2006;
(4) $160,000,000 for fiscal year 2007; and
(5) $186,000,000 for fiscal year 2008.
SEC. 3. MERIT REVIEW OF PROPOSALS.
Awards of funds authorized under this Act shall be made only after
an impartial review of the scientific and technical merit of the
proposals for such awards has been carried out by or for the Department
of Energy.
SEC. 4. DEFINITION.
For purposes of this Act, the term ``Secretary'' means the
Secretary of Energy. | Directs the Secretary of Transportation to establish a research, development, demonstration, and commercial application program for fuel cell and hydrogen production, delivery, and storage technologies for transportation and stationary applications that meet specified goals. | {"src": "billsum_train", "title": "To provide for the establishment of research, development, demonstration, and commercial application programs for fuel cell and hydrogen production, delivery, and storage technologies for transportation and stationary applications."} | 942 | 43 | 0.601584 | 1.567487 | 0.933727 | 4.25 | 22.925 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Museum of Asian Pacific
American History and Culture Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the Smithsonian Institution.
(2) Council.--The term ``Council'' means the National
Museum of Asian Pacific American History and Culture Council
established by section 4.
(3) Museum.--The term ``Museum'' means the National Museum
of Asian Pacific American History and Culture established by
section 3.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Smithsonian Institution.
SEC. 3. ESTABLISHMENT OF MUSEUM.
(a) Establishment.--There is established within the Smithsonian
Institution a museum to be known as the ``National Museum of Asian
Pacific American History and Culture''.
(b) Purpose.--The purpose of the Museum shall be to provide for--
(1) the collection, study, and establishment of programs
relating to Asian Pacific American life, art, history, and
culture;
(2) the creation and maintenance of permanent and temporary
exhibits documenting the history of Asian Pacific American
life, art, history, and culture;
(3) the collection and study of artifacts and documents
relating to Asian Pacific American life, art, history, and
culture; and
(4) collaboration between the Museum and other museums,
Asian American and Native American Pacific Islander-serving
institutions, historical societies, educational institutions,
and other organizations that promote the study or appreciation
of Asian Pacific American life, art, history, or culture,
including collaboration concerning--
(A) development of cooperative programs and
exhibitions;
(B) identification, management, and care of
collections; and
(C) training of museum professionals.
SEC. 4. COUNCIL.
(a) Establishment.--There is established within the Smithsonian
Institution a council to be known as the ``National Museum of Asian
Pacific American History and Culture Council''.
(b) Duties.--
(1) In general.--The Council shall--
(A) make recommendations to the Board of Regents
concerning the planning, design, and construction of
the Museum;
(B) advise and assist the Board of Regents on all
matters relating to the administration, operation,
maintenance, and preservation of the Museum;
(C) recommend annual operating budgets for the
Museum to the Board of Regents;
(D) report annually to the Board of Regents on the
acquisition, disposition, and display of objects
relating to Asian Pacific American life, art, history,
and culture; and
(E) adopt bylaws for the operation of the Council.
(2) Principal responsibilities.--The Council, subject to
the general policies of the Board of Regents, shall have sole
authority to--
(A) purchase, accept, borrow, and otherwise acquire
artifacts for addition to the collections of the
Museum;
(B) loan, exchange, sell, and otherwise dispose of
any part of the collections of the Museum, but only if
the funds generated by that disposition are used for
additions to the collections of the Museum; or
(C) specify criteria with respect to the use of the
collections and resources of the Museum, including
policies on programming, education, exhibitions, and
research.
(3) Other responsibilities.--The Council, subject to the
general policies of the Board of Regents, shall have
authority--
(A) to provide for preservation, restoration, and
maintenance of the collections of the Museum; and
(B) to solicit, accept, use, and dispose of gifts,
bequests, and devises of personal property for the
purpose of aiding and facilitating the work of the
Museum.
(c) Composition and Appointment.--
(1) In general.--The Council shall be composed of 19 voting
members as provided under paragraph (2).
(2) Voting members.--The Council shall include the
following voting members:
(A) The Secretary of the Smithsonian Institution.
(B) One member of the Board of Regents, appointed
by the Board of Regents.
(C) Seventeen individuals appointed by the Board of
Regents--
(i) taking into consideration individuals
recommended by organizations and entities that
are committed to the advancement of knowledge
of Asian Pacific American life, art, history,
and culture; and
(ii) taking into consideration individuals
recommended by the members of the Council.
(3) Initial appointments.--The Board of Regents shall make
initial appointments to the Council under paragraph (2) not
later than 180 days after the date of enactment of this Act.
(d) Terms.--
(1) In general.--Except as provided in this subsection,
each appointed member of the Council shall be appointed for a
term of 3 years.
(2) Initial appointees.--As designated by the Board of
Regents at the time of appointment, of the voting members first
appointed under subsection (c)(2)(C)--
(A) six members shall be appointed for a term of 1
year;
(B) six members shall be appointed for a term of 2
years; and
(C) five members shall be appointed for a term of 3
years.
(3) Reappointment.--A member of the Council may be
reappointed, except that no individual may serve on the Council
for a total of more than 2 terms. For purposes of this
paragraph, the number of terms an individual serves on the
Council shall not include any portion of a term for which an
individual is appointed to fill a vacancy under paragraph
(4)(B).
(4) Vacancies.--
(A) In general.--A vacancy on the Council--
(i) shall not affect the powers of the
Council; and
(ii) shall be filled in the same manner as
the original appointment was made.
(B) Term.--Any member of the Council appointed to
fill a vacancy occurring before the expiration of the
term for which the member's predecessor was appointed
shall be appointed for the remainder of that term.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2), a
member of the Council shall serve without pay.
(2) Travel expenses.--A member of the Council shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Council.
(f) Chairperson.--By a majority vote of its voting members, the
Council shall elect a chairperson from its members.
(g) Meetings.--
(1) In general.--The Council shall meet at the call of the
chairperson or on the written request of a majority of the
voting members of the Council, but not fewer than twice each
year.
(2) Initial meetings.--During the 1-year period beginning
on the date of the first meeting of the Council, the Council
shall meet not fewer than 4 times for the purpose of carrying
out the duties of the Council under this Act.
(h) Quorum.--A majority of the voting members of the Council
holding office shall constitute a quorum for the purpose of conducting
business, but a lesser number may receive information on behalf of the
Council.
SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM.
(a) Director.--
(1) In general.--The Museum shall have a Director who shall
be appointed by the Secretary, taking into consideration
individuals recommended by the Council.
(2) Duties.--The Director shall manage the Museum subject
to the policies of the Board of Regents.
(b) Staff.--The Secretary may appoint two additional employees to
serve under the Director, except that such additional employees may be
appointed without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(c) Pay.--The employees appointed by the Secretary under subsection
(b) may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code, relating
to classification of positions and General Schedule pay rates.
SEC. 6. EDUCATIONAL AND LIAISON PROGRAMS.
(a) In General.--
(1) Programs authorized.--The Director of the Museum may
carry out educational and liaison programs in support of the
goals of the Museum.
(2) Specific activities described.--In carrying out this
section, the Director shall--
(A) carry out educational programs relating to
Asian Pacific American life, art, history, and culture,
including--
(i) programs using digital, electronic, and
interactive technologies; and
(ii) programs carried out in collaboration
with elementary schools, secondary schools, and
postsecondary schools; and
(B) consult with the Director of the Institute of
Museum and Library Services concerning the grant and
scholarship programs carried out under subsection (b).
(b) Grant and Scholarship Programs.--In consultation with the
Council and the Director of the Museum, the Director of the Institute
of Museum and Library Services shall establish--
(1) a grant program with the purpose of improving
operations, care of collections, and development of
professional management at Asian Pacific American museums;
(2) a grant program with the purpose of providing
internship and fellowship opportunities at Asian Pacific
American museums; and
(3) a scholarship program with the purpose of assisting
individuals who are pursuing careers or carrying out studies in
the arts, humanities, and sciences in the study of Asian
Pacific American life, art, history, and culture.
SEC. 7. BUILDING FOR THE NATIONAL MUSEUM OF ASIAN PACIFIC AMERICAN
HISTORY AND CULTURE.
(a) In General.--
(1) Location.--
(A) In general.--Not later than 12 months after the
date of the enactment of this Act, the Board of
Regents, in consultation with the Secretary of the
Interior, the Commission of Fine Arts, the National
Capital Planning Commission, and other Federal and
local agencies, shall designate a site for the Museum.
(B) Transfer to smithsonian institution.--If the
site designated for the Museum is in an area that is
under the administrative jurisdiction of a Federal
agency, as soon as practicable after the date on which
the designation is made, the head of the Federal agency
shall transfer to the Smithsonian Institution
administrative jurisdiction over the area.
(C) Consultation.--The Board of Regents shall carry
out its duties under this paragraph in consultation
with the following:
(i) The Chair of the National Capital
Planning Commission.
(ii) The Chair of the Commission on Fine
Arts.
(iii) The Chair of the Presidential
Commission referred to in section 8.
(iv) The Chair and Ranking Member of each
of the following committees:
(I) The Committee on Rules and
Administration of the Senate.
(II) The Committee on House
Administration of the House of
Representatives.
(III) The Committee on
Transportation and Infrastructure of
the House of Representatives.
(IV) The Committee on
Appropriations of the Senate.
(V) The Committee on Appropriations
of the House of Representatives.
(2) Construction of building.--The Board of Regents, in
consultation with the Council, may plan, design, and construct
a building for the Museum, which shall be located at the site
designated by the Board of Regents under this paragraph.
(3) Nonapplicability of provisions relating to monuments
and commemorative works.--Chapter 89 of title 40, United States
Code, shall not apply with respect to the Museum.
(b) Cost Sharing.--The Board of Regents shall pay--
(1) 50 percent of the costs of carrying out this section
from Federal funds; and
(2) 50 percent of the costs of carrying out this section
from non-Federal sources.
SEC. 8. CONSIDERATION OF RECOMMENDATIONS OF PRESIDENTIAL COMMISSION.
In carrying out their duties under this Act, the Council and the
Board of Regents shall take into consideration the reports and plans
submitted by the National Museum of Asian Pacific American History and
Culture Plan for Action Presidential Commission. | National Museum of Asian Pacific American History and Culture Act This bill establishes a National Museum of Asian Pacific American History and Culture within the Smithsonian Institution to provide for the collection, study, and establishment of programs related to Asian Pacific American life, art, history, and culture. The bill also establishes a National Museum of Asian Pacific American History and Culture Council to: (1) make recommendations to the Board of Regents of the Smithsonian Institution concerning construction of the Museum, and (2) advise and assist the Board on all matters related to the Museum's administration and preservation. The Institute of Museum and Library Services shall establish: (1) a grant program for improving operations, care of collections, and development of professional management at Asian Pacific American museums; (2) a grant program that provides internship and fellowship opportunities at such museums; and (3) a scholarship program for assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of Asian Pacific American life, art, history, and culture. The Board shall designate a site for the Museum within 12 months of this bill's enactment. | {"src": "billsum_train", "title": "National Museum of Asian Pacific American History and Culture Act"} | 2,674 | 240 | 0.76535 | 2.026069 | 0.91574 | 5.928889 | 11.102222 | 0.942222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Samuel Kelner Commission on Youth
Authorization Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Samuel
Kelner Commission on Youth'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall seek to reduce apathy among American youth
regarding the Nation's system of government by discussing and making
policy recommendations on issues affecting American youth, including
issues in the following subject areas:
(1) Public education.
(2) Youth employment and wages.
(3) Higher education financing.
(4) Youth drug abuse and violence.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members, appointed as follows:
(1) 4 members appointed by the President.
(2) 1 member appointed by the Speaker of the House of
Representatives.
(3) 1 member appointed by the minority leader of the House
or Representatives.
(4) 1 member appointed by the majority leader of the
Senate.
(5) 1 member appointed by the minority leader of the
Senate.
(b) Age Limit.--An individual may not be appointed under subsection
(a) if that individual will attain 18 years of age by the date of the
Commission's first meeting or conference that occurs after that
individual's appointment in the term for which the individual is
appointed.
(c) Terms.--
(1) In general.--Each member shall be appointed for a term
of 1 year beginning on August 1 and may be reappointed.
(2) Initial term.--The first 8 members shall be appointed
for the 1-year period that begins on August 1 of the calendar
year that follows the calendar year of the date of the
enactment of this Act.
(d) Vacancies.--Any member appointed to fill a vacancy 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 vacancy in
the Commission shall be filled in the manner in which the original
appointment was made.
(e) Pay.--Members shall serve without pay.
(f) Travel Expenses.--Each member 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 shall constitute a quorum,
except that a lesser number may hold hearings.
(h) Chairperson.--The Chairperson of the Commission shall be
elected by the members.
(i) Meetings.--
(1) In general.--In each 1 year period beginning August 1
the Commission--
(A) shall conduct 4 meetings each spanning a period
of not more than 3 days; and
(B) shall conduct 1 conference spanning a period of
not more than 1 week.
(2) Scheduling.--
(A) Initial meeting.--The initial meeting of the
Commission each year under paragraph (1)(A) shall begin
on the first Thursday in August.
(B) Remaining meetings.--The Commission, by
majority vote at the initial meeting each year, shall
determine the dates of the remaining meetings and the
conference under paragraph (1) for that year.
(3) Emergency meeting.--In addition to the meetings
required under paragraph (1), the Commission shall, at the call
of the President, conduct 1 emergency meeting spanning a period
of not more than 3 days.
SEC. 5. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--
(1) Appointment.--The Commission shall have a Director who
shall be appointed by the President.
(2) Pay.--The Director shall be paid at the rate of basic
pay for GS-12 of the General Schedule.
(b) Staff.--The Commission may appoint additional personnel as it
considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(e) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
SEC. 6. 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.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. The Chairperson may
request such information if such request is authorized by a majority
vote of the Commission. Upon request of the Chairperson, the head of
that department or agency shall furnish that information to the
Commission.
(d) 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.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Contract Authority.--To the extent and in the amounts provided
in advance in appropriations Acts, the Director may contract with and
compensate government and private agencies or person for supplies and
other services.
SEC. 7. ANNUAL REPORTS.
(a) In General.--The Commission shall submit to the President and
the Congress a report not later than July 1 each year.
(b) Contents.--Each report shall include policy recommendations on
issues affecting youth, including issues in the following subject
areas:
(1) Public education.
(2) Youth employment and wages.
(3) Higher education financing.
(4) Youth drug abuse and violence.
SEC. 8. TERMINATION.
The Commission shall terminate 5 years after the beginning of the
terms of its first members.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commission to carry
out this Act $100,000 for each of fiscal years 2002, 2003, 2004, 2005,
and 2006. Such sums may remain available until expended. | Samuel Kelner Commission on Youth Authorization Act - Establishes the Samuel Kelner Commission on Youth to seek to reduce apathy among U.S. youth regarding the Nation's system of government by discussing and making policy recommendations on issues affecting U.S. youth, including issues in the subject areas of: (1) public education; (2) youth employment and wages; (3) higher education financing; and (4) youth drug abuse and violence. | {"src": "billsum_train", "title": "To establish the Samuel Kelner Commission on Youth."} | 1,515 | 91 | 0.599209 | 1.562939 | 0.981438 | 5.777778 | 17.08642 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthcare Fiscal Accountability Act
of 2011''.
SEC. 2. CONVERTING PPACA DIRECT FUNDING TO AUTHORIZATIONS OF
APPROPRIATIONS AND RESCINDING UNOBLIGATED PPACA DIRECT
FUNDING.
(a) In General.--Notwithstanding any other provision of law, for
each provision described in column 1 in the table specified in
subsection (b), the following rules shall apply:
(1) Direct appropriations.--
(A) Conversion to authorizations of
appropriations.--For each such provision that provides
for a direct appropriation of funds for fiscal year
2012 or a subsequent fiscal year and for which special
rule #1 or special rule #2 does not apply under column
3 of such table, such appropriation is deemed only to
be an authorization of appropriations and amounts are
available under such provision only pursuant to
appropriations made after the date of the enactment of
this Act.
(B) Rescission of unobligated appropriations.--Of
the funds available pursuant to a direct appropriation
under such provision for which special rule #1 or
special rule #2 does not apply under column 3 of such
table, the unobligated balance is rescinded.
(2) Fund transfers.--
(A) Conversion to authorization of transfer subject
to appropriations.--For each such provision that
provides for a transfer of funds for fiscal year 2012
or a subsequent fiscal year, such transfer is deemed
only to be an authorization of such transfer in such
amounts as are provided in advance in appropriations
acts enacted after the date of the enactment of this
Act.
(B) Restoration of transferred funds.--Amounts
transferred under such provision which have not been
obligated as of the date of the enactment of this Act
shall be restored to the Trust Fund or other fund from
which they were transferred.
(3) Special rules.--
(A) Special rule #1 for certain extensions of
appropriations beginning after fiscal year 2011.--For
each such provision for which column 3 of such table
specifies that special rule #1 applies, the amendment
(or amendments) made by the section in column 2 is
repealed and such provision is restored as if PPACA had
not been enacted.
(B) Special rule #2 for certain extensions of
appropriations beginning before fiscal year 2012.--For
each such provision for which column 3 of such table
specifies that special rule #2 applies--
(i) the amendment (or amendments) made by
the section in column 2 is repealed and such
provision is restored as if PPACA had not been
enacted, except that such repeal shall not
apply to fiscal year 2010 or fiscal year 2011;
and
(ii) of the funds available pursuant to the
operation of such amendment (or amendments) for
fiscal year 2010 or fiscal year 2011, the
unobligated balance is rescinded.
(b) Table.--The table specified in this subsection is as follows
(with provisions listed in the order in which they, or the section
amending such provision, appear in PPACA, followed by provisions in
HCERA):
----------------------------------------------------------------------------------------------------------------
Column 1: Provision containing Column 2: Amendatory section (if Column 3: Special rule (if any) that
direct appropriation or transfer any) in PPACA or other law applies
----------------------------------------------------------------------------------------------------------------
Section 2793(e)(1) of PHSA as added by 1002 of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 2974(c)(2)(A) of PHSA as added by 1003 of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 1101(g)(1) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1102(e) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1311(a)(1) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1322(g) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1323(c)(1) of PPACA as inserted by 1204(a) of HCERA ....................................
----------------------------------------------------------------------------------------------------------------
Section 6071(h) of the Deficit as amended by section 2403(a)(1) of ....................................
Reduction Act of 2005 (Public Law PPACA
109-171)
----------------------------------------------------------------------------------------------------------------
Section 2405 of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1139B(e) of SSA as inserted by 2701 of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 2707(e)(1)(A) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1900(f)(3) of SSA as added by section 2801(a)(5)(C) of ....................................
PPACA
----------------------------------------------------------------------------------------------------------------
Section 511(j)(1) of SSA as added by section 2951 of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 513(f) of SSA as added by section 2953 of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 510(d) of SSA as amended by section 2954 of PPACA special rule #2
----------------------------------------------------------------------------------------------------------------
Section 3014(c) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1115A(f) of SSA as inserted by section 3021(a) of ....................................
PPACA
----------------------------------------------------------------------------------------------------------------
Section 1866E(h) of SSA as inserted by section 3024 of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 3026(f) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 5007(f)(1) of the Deficit as amended by section 3027(b)(1) of ....................................
Reduction Act of 2005 (Public Law PPACA
109-171)
----------------------------------------------------------------------------------------------------------------
Section 3113(e) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 119(a)(1)(B) of the Medicare as amended by section 3306(a) of ....................................
Improvements for Patients and PPACA
Providers Act of 2008 (Public Law
110-275)
----------------------------------------------------------------------------------------------------------------
Section 119(b)(1)(B) of the Medicare as amended by section 3306(b) of ....................................
Improvements for Patients and PPACA
Providers Act of 2008 (Public Law
110-275)
----------------------------------------------------------------------------------------------------------------
Section 119(c)(1)(B) of the Medicare as amended by section 3306(c) of ....................................
Improvements for Patients and PPACA
Providers Act of 2008 (Public Law
110-275)
----------------------------------------------------------------------------------------------------------------
Section 119(d)(2) of the Medicare as amended by section 3306(d) of ....................................
Improvements for Patients and PPACA
Providers Act of 2008 (Public Law
110-275)
----------------------------------------------------------------------------------------------------------------
Section 1899A(m) of SSA as added by section 3403 and amended ....................................
by section 10320(a) of PPACA
----------------------------------------------------------------------------------------------------------------
Section 4002(b) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 4101(a)(5) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 4108(f) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 4202(b)(4) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 4204(e)(3) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1139A(e)(8) of SSA as amended by section 4306 of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 2008(c)(1) of SSA as added by section 5507(a) of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 501(c)(1)(A) of SSA as amended by section 5507(b) of special rule #2
PPACA
----------------------------------------------------------------------------------------------------------------
Section 340H(g) of the PHSA as added by section 5508(c) of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 5509(d)(1) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 6201(b)(2) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1183(a) of SSA as added by section 6301(d) of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 9511(b)(1) of the Internal as added by section 6301(e)(1)(A) of ....................................
Revenue Code of 1986 PPACA
----------------------------------------------------------------------------------------------------------------
Section 1817(k)(7) of SSA as added by section 6402(i) of PPACA ....................................
----------------------------------------------------------------------------------------------------------------
Section 6021(d)(3) of the Deficit as amended by section 8002(d)(2) special rule #2
Reduction Act of 2005 (Public Law PPACA
107-171)
----------------------------------------------------------------------------------------------------------------
Section 9023(e)(10) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section of 2104(a) of SSA as amended by section 10203(d)(1) of special rule #1
PPACA
----------------------------------------------------------------------------------------------------------------
Section 2104(n)(2)(A) of SSA as amended by section 10203(d)(2)(B) special rule #1
of PPACA
----------------------------------------------------------------------------------------------------------------
Section 2113(g) of SSA as amended by section special rule #1
10203(d)(2)(E)(ii) of PPACA
----------------------------------------------------------------------------------------------------------------
Section 10214 of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1881A (b)(7) of SSA as inserted by section 10323(a) of ....................................
PPACA
----------------------------------------------------------------------------------------------------------------
Section 2009(e)(1) of SSA as added by section 10323(b) of ....................................
PPACA
----------------------------------------------------------------------------------------------------------------
Section 10502(a) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 10503(b) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 10503(c) of PPACA .................................... ....................................
----------------------------------------------------------------------------------------------------------------
Section 1005(b) of HCERA .................................... ....................................
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Section 1817(k)(8) of SSA as added by section 1303(a) of HCERA ....................................
----------------------------------------------------------------------------------------------------------------
(c) Definitions.--In this section:
(1) The term ``PPACA'' means the Patient Protection and
Affordable Care Act (Public Law 111-148).
(2) The term ``HCERA'' means the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152).
(3) The term ``SSA'' means the Social Security Act.
(4) The term ``PHSA'' means the Public Health Service Act. | Healthcare Fiscal Accountability Act of 2011 - Amends the Patient Protection and Affordable Care Act (PPACA) to convert specified funding under such Act from a direct appropriation to an authorization of appropriations or from a transfer to an authorization of such transfer, including funding for: (1) the establishment of a temporary high-risk pool for uninsured individuals with preexisting conditions, (2) the establishment of a temporary reinsurance program for early retirees, (3) health insurance exchanges, and (4) the Prevention and Public Health Fund. Rescinds or restores the unobligated balances of funds available pursuant to such direct appropriations or transfers, respectively.
Repeals provisions of PPACA, as if such provisions had not been enacted, that appropriate funds to the Children's Health Insurance Program (CHIP, formerly known as SCHIP) for allotments to states, the Child Enrollment Contingency Fund, and outreach and enrollment grants.
Repeals provisions of PPACA appropriating funds, except with respect to FY2010 or FY2011, for: (1) allotments to states for abstinence education, (2) special projects of regional and national significance for the development and support of family-to-family health information centers for families of children with disabilities or special health care needs, and (3) the National Clearinghouse for Long-Term Care Information. Rescinds the unobligated portion of funds available pursuant to such provisions for FY2010-FY2011. | {"src": "billsum_train", "title": "To provide for fiscal accountability for new direct funding under the Patient Protection and Affordable Care Act by converting its direct funding into authorizations of appropriations and by rescinding unobligated direct funding."} | 4,369 | 324 | 0.637623 | 2.017045 | 0.671326 | 1.479087 | 6.673004 | 0.718631 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Child Care for the Gulf
Coast Region Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Studies have stated that reopening child care
facilities was crucial for helping parents get back to work and
businesses to recover.
(2) Studies have shown that without available and
affordable child care economic recovery will be greatly impeded
and lead to a reduction in worker productivity.
(3) In New Orleans before Hurricanes Katrina and Rita, the
city had 1,912 day-care slots at 266 licensed centers, but now
80 percent of those centers and 75 percent of those slots are
gone.
(4) The National Association of Child Care Resource and
Referral Agencies reported in a study published by the
Mississippi State University Early Childhood Institute that
between 62 to 94 percent of the licensed child care slots in
the three coastal counties hardest hit by Hurricanes Katrina
and Rita in Mississippi were lost.
(5) In Jackson County, Mississippi, initial assessment
found that one-fourth of the county's licensed centers were
damaged beyond repair, representing 11 percent of the county's
licensed child care capacity. Another 39 percent of centers
needed repairs.
TITLE I--EMERGENCY CHILD CARE BUSINESS INCENTIVE GRANT PROGRAM FOR THE
GULF COAST REGION
SEC. 101. ESTABLISHMENT.
The Secretary of Health and Human Services shall establish a
program to make grants to--
(1) businesses and consortia in the Gulf Coast Region--
(A) to pay start-up costs incurred to provide child
care services; or
(B) to provide additional child care services
needed by the employees of such businesses; and
(2) nonprofit business organizations in the Gulf Coast
Region to provide technical information and assistance to
enable businesses to provide child care services.
SEC. 102. ELIGIBILITY TO RECEIVE GRANTS.
To be eligible to receive a grant under section 101, a business,
nonprofit business organization, or consortium shall submit to the
Secretary an application in accordance with section 103.
SEC. 103. APPLICATION.
The application required by section 102 shall be submitted by a
business, nonprofit business organization, or consortium at such time,
in such form, and containing such information as the Secretary may
require by rule, except that such application shall contain--
(1) an assurance that the applicant shall expend, for the
purpose for which such grant is made, an amount not less than
10 percent of the amount of such grant;
(2) an assurance that such applicant will expend such grant
for the use specified in paragraph (1) or (2) of section 101,
as the case may be;
(3) an assurance that such applicant will employ strategies
to ensure that child care services provided by such applicant,
or provided with the technical information and assistance made
available by such applicant, are provided at affordable rates,
and on an equitable basis, to low- and moderate-income
employees;
(4) an assurance that such applicant--
(A) in the case of a business or consortium, will
comply with all State and local licensing requirements
applicable to such business or consortium concerning
the provision of child care services; or
(B) in the case of a nonprofit business
organization, will employ procedures to ensure that
technical information and assistance provided under
this title by such business organization will be
provided only to businesses that provide child care
services in compliance with all State and local
licensing requirements applicable to child care
providers in such State; and
(5) in the case of a business or consortium, an assurance
that if the employees of such applicant do not require all the
child care services for which such grant and the funds required
by paragraph (1) are to be expended by such applicant, the
excess of such child care services shall be made available to
families in the community in which such applicant is located.
SEC. 104. SELECTION OF GRANTEES.
For purposes of selecting applicants to receive grants under this
title, the Secretary shall give priority to businesses that have fewer
than 200 full-time employees. To the extent practicable, the Secretary
shall--
(1) make grants equitably under this title to applicants
located in all geographical regions of the United States; and
(2) give priority to applicants for grants under section
101(1).
SEC. 105. DEFINITIONS.
As used in this title:
(1) Business.--The term ``business'' means a person engaged
in commerce whose primary activity is not providing child care
services.
(2) Child care services.--The term ``child care services''
means care for a child that is--
(A) provided on the site at which a parent of such
child is employed or at a site nearby in the community;
and
(B) subsidized at least in part by the business
that employs such parent.
(3) Consortium.--The term ``consortium'' means 4 or more
businesses acting jointly. A consortium may also include a
nonprofit private organization.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Gulf coast region.--The term ``Gulf Coast Region''
means the area in which the President has declared that a major
disaster exists, in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), as a consequence of Hurricanes Katrina and Rita.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$1,500,000 for each of the fiscal years 2007 through 2009.
TITLE II--EMERGENCY DEVELOPMENT OF A CHILD CARE TRAINING INFRASTRUCTURE
IN THE GULF COAST REGION
SEC. 201. GRANTS.
(a) Authority.--The Secretary of Health and Human Services shall
award grants to eligible entities to develop distance learning child
care training technology infrastructures in the Gulf Coast Region and
to develop model technology-based training courses for child care
providers and child care workers in the Gulf Coast Region, to be
provided through distance learning programs made available through the
infrastructure. The Secretary shall, to the maximum extent possible,
ensure that such grants are awarded in those areas of the Gulf Coast
Region with the fewest training opportunities for child care providers.
(b) Eligibility Requirements.--To be eligible to receive a grant
under subsection (a), an entity shall--
(1) develop the technological and logistical aspects of the
infrastructure described in this section and have the
capability of implementing and maintaining the infrastructure;
(2) to the maximum extent possible, develop partnerships
with secondary schools, institutions of higher education, State
and local government agencies, and private child care
organizations for the purpose of sharing equipment, technical
assistance, and other technological resources, including--
(A) developing sites from which individuals may
access the training;
(B) converting standard child care training courses
to programs for distance learning; and
(C) promoting ongoing networking among program
participants; and
(3) develop a mechanism for participants to--
(A) evaluate the effectiveness of the
infrastructure, including the availability and
affordability of the infrastructure, and the training
offered through the infrastructure; and
(B) make recommendations for improvements to the
infrastructure.
(c) Application.--To be eligible to receive a grant under
subsection (a), an entity shall submit an application to the Secretary
at such time and in such manner as the Secretary may require, and that
includes--
(1) a description of the partnership organizations through
which the distance learning programs will be made available;
(2) the capacity of the infrastructure in terms of the
number and type of distance learning programs that will be made
available;
(3) the expected number of individuals to participate in
the distance learning programs; and
(4) such additional information as the Secretary may
require.
(d) Limitation on Fees.--No entity receiving a grant under this
section may collect fees from an individual for participation in a
distance learning program funded in whole or in part under this section
that exceed the pro rata share of the amount expended by the entity to
provide materials for the program and to develop, implement, and
maintain the infrastructure (minus the amount of the grant awarded
under this section).
(e) Rule of Construction.--Nothing in this section shall be
construed as requiring a child care provider to subscribe to or
complete a distance learning program made available under this section.
SEC. 202. DEFINITION.
In this title, the term ``Gulf Coast Region'' means the area in
which the President has declared that a major disaster exists, in
accordance with section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170), as a consequence of
Hurricanes Katrina and Rita.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$1,000,000 for each of fiscal years 2007 through 2009.
TITLE III--EMERGENCY CHILD CARE PROVIDER DEVELOPMENT AND RETENTION
GRANT PROGRAM IN THE GULF COAST REGION
SEC. 301. GRANTS.
(a) In General.--The Secretary of Health and Human Services shall
make grants available to eligible child care providers in the Gulf
Coast Region in accordance with this section, to improve the
qualifications and promote the retention of qualified child care
providers.
(b) Eligibility To Receive Grants.--To be eligible to receive a
grant under this section, a child care provider shall--
(1) have a child development associate credential (or
equivalent), an associate of the arts degree in the area of
child development or early child education, a baccalaureate
degree in the area of child development or early child
education, or a baccalaureate degree in an unrelated field; and
(2) be employed as a child care provider for not less than
1 calendar year, or (if the provider is employed on the date of
the eligibility determination in a child care program that
operates for less than a full calendar year) the program
equivalent of 1 calendar year, ending on the date of the
application for such grant, except that not more than 3 months
of education related to child development or to early child
education obtained during the corresponding calendar year may
be treated as employment that satisfies the requirements of
this paragraph.
(c) Preservation of Eligibility.--A State shall not take into
consideration whether a child care provider is receiving, may receive,
or may be eligible to receive any funds or benefits under any other
provision of this Act for purposes of selecting eligible child care
providers to receive grants under this section.
TITLE IV--CHILD CARE PROVIDER SCHOLARSHIP PROGRAM
SEC. 401. SCHOLARSHIP GRANTS.
(a) In General.--The Secretary of Health and Human Services shall
make scholarship grants available to eligible child care providers in
accordance with this section to improve their educational
qualifications to provide child care services.
(b) Eligibility Requirement for Scholarship Grants.--To be eligible
to receive a scholarship grant under this section, a child care
provider shall be employed as a child care provider for not less than 1
calendar year, or (if the provider is employed on the date of the
eligibility determination in a child care program that operates for
less than a full calendar year) the program equivalent of 1 calendar
year, ending on the date of the application for such grant.
(c) Selection of Grantees.--For purposes of selecting eligible
child care providers to receive scholarship grants under this section
and determining the amounts of such grants, a State shall not--
(1) take into consideration whether a child care provider
is receiving, may receive, or may be eligible to receive any
funds or benefits under any other provision of this Act, or
under any other Federal or State law that provides funds for
educational purposes; or
(2) consider as resources of such provider any funds such
provider is receiving, may receive, or may be eligible to
receive under any other provision of this Act, under any other
Federal or State law that provides funds for educational
purposes, or from a private entity.
(d) Cost-Sharing Required.--The amount of a scholarship grant made
under this section to an eligible child care provider shall be equal to
or less than the cost of the educational or training program for which
such grant is made.
(e) Annual Maximum Scholarship Grant Amount.--The maximum aggregate
dollar amount of a scholarship grant made to an eligible child care
provider under this section in a fiscal year shall be $7,500. | Emergency Child Care for the Gulf Coast Region Act of 2006 - Requires the Secretary of Health and Human Services to establish grant programs for: (1) businesses and consortia in the Gulf Coast Region to pay start-up costs and to provide additional child care services for employees; (2) nonprofit business organizations in the Region to provide technical assistance to such businesses for child care services; (3) entities to develop distance learning child care training technology infrastructures and model technology-based training courses for child care providers and workers in the Region; and (4) child care providers in the Region to improve the qualifications and promote the retention of such providers. Defines "Gulf Coast Region" to mean the area declared by the President to be a major disaster as a consequence of Hurricanes Katrina and Rita.
Requires the Secretary of Health and Human Services to make scholarship grants to child care providers to improve their educational qualifications to provide services. | {"src": "billsum_train", "title": "To provide emergency child care in the Gulf Coast Region, and for other purposes."} | 2,734 | 195 | 0.576645 | 1.882775 | 1.032717 | 4.733333 | 14.316667 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Servicemembers'
Children from Sexual and Violent Predators Act''.
SEC. 2. BACKGROUND CHECKS.
(a) Background Checks.--Not later than 2 years after the date of
enactment of this Act, each covered local educational agency and each
Department of Defense domestic dependent elementary and secondary
school established pursuant to section 2164 of title 10, United States
Code, shall have in effect policies and procedures that--
(1) require that a criminal background check be conducted
for each school employee of the agency or school, respectively,
that includes--
(A) a search of the State criminal registry or
repository of the State in which the school employee
resides;
(B) a search of State-based child abuse and neglect
registries and databases of the State in which the
school employee resides;
(C) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System; and
(D) a search of the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919);
(2) prohibit the employment of a school employee as a
school employee at the agency or school, respectively, if such
employee--
(A) refuses to consent to a criminal background
check under paragraph (1);
(B) makes a false statement in connection with such
criminal background check;
(C) has been convicted of a felony consisting of--
(i) murder;
(ii) child abuse or neglect;
(iii) a crime against children, including
child pornography;
(iv) spousal abuse;
(v) a crime involving rape or sexual
assault;
(vi) kidnapping;
(vii) arson; or
(viii) physical assault, battery, or a
drug-related offense, committed on or after the
date that is 5 years before the date of such
employee's criminal background check under
paragraph (1); or
(D) has been convicted of any other crime that is a
violent or sexual crime against a minor;
(3) require that each criminal background check conducted
under paragraph (1) be periodically repeated or updated in
accordance with policies established by the covered local
educational agency or the Department of Defense (in the case of
a Department of Defense domestic dependent elementary and
secondary school established pursuant to section 2164 of title
10, United States Code);
(4) upon request, provide each school employee who has had
a criminal background check under paragraph (1) with a copy of
the results of the criminal background check;
(5) provide for a timely process, by which a school
employee of the school or agency may appeal, but which does not
permit the employee to be employed as a school employee during
such appeal, the results of a criminal background check
conducted under paragraph (1) which prohibit the employee from
being employed as a school employee under paragraph (2) to--
(A) challenge the accuracy or completeness of the
information produced by such criminal background check;
and
(B) establish or reestablish eligibility to be
hired or reinstated as a school employee by
demonstrating that the information is materially
inaccurate or incomplete, and has been corrected; and
(6) allow the covered local educational agency or school,
as the case may be, to share the results of a school employee's
criminal background check recently conducted under paragraph
(1) with another local educational agency that is considering
such school employee for employment as a school employee.
(b) Fees for Background Checks.--The Attorney General, attorney
general of a State, or other State law enforcement official may charge
reasonable fees for conducting a criminal background check under
subsection (a)(1), but such fees shall not exceed the actual costs for
the processing and administration of the criminal background check.
(c) Definitions.--In this Act:
(1) Covered local educational agency.--The term ``covered
local educational agency'' means a local educational agency
that receives funds--
(A) under subsection (b) or (d) of section 8003, or
section 8007, of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703, 7707), as such sections
are in effect before the effective date for title VII
of the Every Student Succeeds Act (Public Law 114-95);
or
(B) under subsection (b) or (d) of section 7003, or
section 7007, of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703, 7707), beginning on the
effective date of such title VII.
(2) School employee.--The term ``school employee'' means--
(A) a person who--
(i) is an employee of, or is seeking
employment with--
(I) a covered local educational
agency; or
(II) a Department of Defense
domestic dependent elementary and
secondary school established pursuant
to section 2164 of title 10, United
States Code, such elementary and
secondary school; and
(ii) as a result of such employment, has
(or will have) a job duty that results in
unsupervised access to elementary school or
secondary school students; or
(B)(i) any person, or an employee of any person,
who has a contract or agreement to provide services to
a covered local educational agency or a Department of
Defense domestic dependent elementary and secondary
school established pursuant to section 2164 of title
10, United States Code; and
(ii) such person or employee, as a result of such
contract or agreement, has a job duty that results in
unsupervised access to elementary school or secondary
school students. | Protecting Our Servicemembers' Children from Sexual and Violent Predators Act This bill requires each Department of Defense domestic dependent elementary and secondary school and each local educational agency (LEA) that receives, under the Elementary and Secondary Education Act of 1965, specified funds for children with a parent on active duty in the uniformed services to: require, for each employee of the LEA or school, a criminal background check that includes a search of specified registries and repositories; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified crimes; require background checks to be periodically repeated or updated in accordance with established policies; provide an employee with a timely process to appeal the results of a background check; and allow the LEA or school to share the results of a school employee's recent background check with another LEA that is considering that individual for employment. | {"src": "billsum_train", "title": "Protecting Our Servicemembers' Children from Sexual and Violent Predators Act"} | 1,233 | 253 | 0.580104 | 1.748899 | 0.782704 | 2.849162 | 6.636872 | 0.849162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Citizens Housing Safety
Act''.
SEC. 2. LIMITATION ON OCCUPANCY IN PUBLIC HOUSING DESIGNATED FOR
ELDERLY FAMILIES.
Section 7(a) of the United States Housing Act of 1937 (42 U.S.C.
1437e(a)) is amended--
(1) in paragraph (1), by striking ``Notwithstanding any
other provision of law'' and inserting ``Subject only to the
provisions of this subsection'';
(2) in paragraph (4), by inserting ``, except as provided
in paragraph (5)'' before the period at the end; and
(3) by adding at the end the following new paragraph:
``(5) Limitation on occupancy in projects for elderly
families.--
``(A) Occupancy limitation.--Notwithstanding any
other provision of law, a dwelling unit in a project
(or portion of a project) that is designated under
paragraph (1) for occupancy by only elderly families or
by only elderly and disabled families shall not be
occupied by--
``(i) any person with disabilities who is
not an elderly person and whose use (or history
of use) of drugs or alcohol constitutes a
disability; or
``(ii) any person who is not an elderly
person whose use of drugs or alcohol (or
history of such use) provides reasonable cause
for the agency to believe that the occupancy by
such person may interfere with the health,
safety, or right to peaceful enjoyment of the
premises by other tenants.
``(B) Required statement.--A public housing agency
may not make a dwelling unit in such a project
available for occupancy to any person or family who is
not an elderly family, unless the agency acquires from
the person or family a signed statement that no person
who will be occupying the unit uses (or has a history
of use) of drugs or alcohol that would interfere with
the health, safety, or right to peaceful enjoyment of
the premises by other tenants.''.
SEC. 3. LEASE PROVISIONS.
Section 6(l) of the United States Housing Act of 1937 (42 U.S.C.
1437d(l)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) following new
paragraph:
``(6) provide that any violation of the provisions of
section 7(a)(5)(A) or the furnishing of any false or misleading
information pursuant to section 7(a)(5)(B) shall be cause for
termination of tenancy; and''.
SEC. 4. PROVISION OF SECTION 8 ASSISTANCE TO MOVE NONELDERLY TENANTS
HAVING DRUG OR ALCOHOL USE PROBLEMS FROM PUBLIC HOUSING
DESIGNATED FOR ELDERLY FAMILIES.
(a) In General.--Section 7(c) of the United States Housing Act of
1937 is amended to read as follows:
``(c) Limitations on Evictions.--
``(1) In general.--Except as provided in paragraph (2), any
tenant who is lawfully residing in a dwelling unit in a public
housing project may not be evicted or otherwise required to
vacate such unit because of the designation of the project (or
a portion of the project) pursuant to this section or because
of any action taken by the Secretary of Housing and Urban
Development or any public housing agency pursuant to this
section.
``(2) Eviction of nonelderly tenants having drug or alcohol
use problems in housing designated for elderly families.--A
tenant in a project (or portion of a project) that is
designated under subsection (a)(1) for occupancy by only
elderly families or by only elderly and disabled families shall
be evicted under this paragraph if--
``(A) the tenant's household includes a person
described in clause (i) or (ii) of subsection
(a)(5)(A); and
``(B) upon termination of the tenant's tenancy in
the project, the public housing agency provides rental
assistance under section 8 on behalf of the tenant.''.
(b) Preference for Section 8 Assistance.--
(1) Certificates.--Section 8(d)(1)(A)(i) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(d)(1)(A)(i)) is
amended by inserting after ``income for rent,'' the following:
``are required to be evicted under section 7(c)(2) if
assistance under this section is provided on behalf of the
family,''.
(2) Vouchers.--The first sentence of section 8(o)(3)(B) of
the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(3)(B)) is amended by inserting after ``displaced,''
the following: ``are required to be evicted under section
7(c)(2) if assistance under this section is provided on behalf
of the family,''. | Senior Citizens Housing Safety Act - Amends the United States Housing Act of 1937 to prohibit persons with drug or alcohol problems from occupying dwelling units in assisted housing designated for elderly families. | {"src": "billsum_train", "title": "Senior Citizens Housing Safety Act"} | 1,156 | 40 | 0.478834 | 1.145652 | 0.848412 | 3.058824 | 29 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fixing Internal Response to
Misconduct Act'' or the ``DHS FIRM Act''.
SEC. 2. DHS POLICY ON DISCIPLINE AND ADVERSE ACTIONS.
(a) In General.--Section 704 of the Homeland Security Act of 2002
(6 U.S.C. 344) is amended--
(1) in subsection (b)--
(A) in paragraph (9), by striking ``and'' at the
end;
(B) in paragraph (10), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(11) implement a Department-wide policy related to
discipline and adverse actions described in subsection (e).'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new
subsection:
``(e) Policy on Discipline and Adverse Actions.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this subsection, the Chief Human Capital
Officer, in accordance with any established Department-wide
policy that deals with discipline and adverse actions, shall
provide--
``(A) guidance to the senior human resources
official overseeing discipline and adverse actions for
headquarters personnel and non-component entities, as
identified by the Chief Human Capital Officer, and
relevant component heads regarding informing the public
about how to report employee misconduct;
``(B) guidance on how Department employees should
report employee misconduct;
``(C) guidance on the type, quantity, and frequency
of data regarding discipline and adverse actions to be
submitted to the Chief Human Capital Officer by the
senior human resources official overseeing discipline
and adverse actions for headquarters personnel and non-
component entities, as identified by the Chief Human
Capital Officer and component heads for the purposes of
paragraph (3)(C);
``(D) guidance on how to implement any such
Department-wide policy in a manner that promotes
greater uniformity and transparency in the
administration of such policy across the Department;
and
``(E) guidance and appropriate training on
prohibited personnel practices, employee rights, and
procedures and processes related to such.
``(2) Table of offenses and penalties.--
``(A) Pre-existing tables.--If a table of offenses
and penalties exists for a component of the Department
as of the date of the enactment of this subsection, the
Chief Human Capital Officer shall review and, if
appropriate, approve such table and any changes to such
table made after such date of enactment. In cases in
which such tables do not comply with Department policy,
the Chief Human Capital Officer shall instruct
component heads on corrective measures to be taken in
order to achieve such compliance.
``(B) New component tables.--If a table of offenses
and penalties does not exist for a component of the
Department as of the date of enactment of this
subsection, a component head may, in coordination with
the Chief Human Capital Officer, develop a table of
offenses and penalties to be used by such component.
The Chief Human Capital Officer shall review and, if
appropriate, approve such table and any changes to such
table made after such date of enactment. In cases in
which such tables or changes do not comply with
Department policy, the Chief Human Capital Officer
shall instruct the component head on corrective
measures to be taken in order to achieve such
compliance.
``(3) Component responsibilities.--Component heads shall
comply with Department-wide policy (including guidance relating
to such) regarding discipline and adverse actions for the
Department's workforce, including--
``(A) providing any current table of offenses and
penalties or future changes to a component's table to
the Chief Human Capital Officer for review in
accordance with paragraph (2)(A);
``(B) providing any new table of offenses and
penalties or future changes to a component's table to
the Chief Human Capital Officer for review in
accordance with paragraph (2)(B); and
``(C) providing to the Chief Human Capital Officer
any data regarding discipline and adverse actions in
accordance with paragraph (1)(C).
``(4) Oversight.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this subsection, the Chief
Human Capital Officer shall implement a process to
oversee component compliance with any established
Department-wide policy regarding discipline and adverse
actions referred to in paragraph (1), including--
``(i) the degree to which components are
complying with such policy; and
``(ii) at a minimum, each fiscal year, a
review of component adjudication of misconduct
data to--
``(I) ensure consistent adherence
to such policy and any Department-wide
table of offenses and penalties or any
component-specific table of offenses
and penalties approved by the Chief
Human Capital Officer pursuant to
paragraph (2); and
``(II) determine whether employee
training regarding such misconduct
policy or adjustment in such misconduct
policy is appropriate.
``(B) Working groups.--
``(i) In general.--The Chief Human Capital
Officer may establish working groups, as
necessary, to address employee misconduct
within the Department. If the Chief Human
Capital Officer establishes such a working
group, the Chief Human Capital Officer shall
specify a timeframe for the completion of such
group's work.
``(ii) Function.--A working group
established pursuant to clause (i) shall seek
to identify any trends in misconduct referred
to in such subparagraph, review component
processes for addressing misconduct, and, where
appropriate, develop possible alternate
strategies to address such misconduct.
``(iii) Participation.--If a working group
is established pursuant to clause (i), the
relevant component head shall participate in
such working group and shall consider
implementing, as appropriate, any
recommendations issued by such working group.
``(iv) Follow-up reviews.--The Chief Human
Capital Officer shall conduct annual, or on a
more frequent basis as determined by the Chief
Human Capital Officer, follow-up reviews of
components regarding implementation of working
group recommendations. In consultation with the
Chief Human Capital Officer, the Secretary may
request the Inspector General of the Department
to investigate any concerns identified through
the oversight process under this subsection
that components have not addressed.''.
(b) Review.--Not later than 60 days after the development of the
oversight process required under subsection (e) of section 704 of the
Homeland Security Act of 2002 (6 U.S.C. 344) (as added by subsection
(a) of this section), the Chief Human Capital Officer of the Department
of Homeland Security shall provide to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate information on such
oversight process, including component compliance with any policy
regarding discipline and adverse actions, data collection efforts, and
information on the development of any working groups under such
subsection (e).
(c) Prohibition on New Funding.--No additional funds are authorized
to carry out the requirements of this Act and the amendments made by
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
Passed the House of Representatives June 21, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Fixing Internal Response to Misconduct Act or the DHS FIRM Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Chief Human Capital Officer of the Department of Homeland Security (DHS) to implement a DHS-wide policy related to discipline and adverse actions, which shall provide guidance: to the senior human resources official overseeing discipline and adverse actions for headquarters personnel and non-component entities and relevant component heads regarding informing the public about how to report employee misconduct; on how DHS employees should report employee misconduct; on the type, quantity, and frequency of data regarding discipline and adverse actions to be submitted by such official to such officer; on how to implement any such policy in a manner that promotes greater uniformity and transparency in the administration of such policy across DHS; and on prohibited personnel practices, employee rights, and related procedures and processes. Such officer shall review and approve any necessary development of or changes to tables of offenses and penalties for DHS components to comply with DHS policy. Component heads shall comply with DHS-wide policy regarding discipline and adverse actions for DHS's workforce, and such officer shall implement a process to oversee such compliance. Such officer: (1) may establish working groups to address employee misconduct within DHS, (2) shall conduct follow-up reviews of components regarding implementation of working group recommendations, and (3) may request the DHS Inspector General to investigate any concerns identified through the oversight process that components have not addressed. A working group shall seek to identify any trends in misconduct, review component processes for addressing misconduct, and develop possible alternate strategies to address such misconduct. | {"src": "billsum_train", "title": "Fixing Internal Response to Misconduct Act"} | 1,596 | 340 | 0.719806 | 2.320493 | 1.052832 | 4.273292 | 4.832298 | 0.968944 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest. An estimated
22,000 of these pregnancies could be prevented if rape
survivors had timely access to emergency contraception.
(2) A 1996 study of rape-related pregnancies (published in
the American Journal of Obstetrics and Gynecology) found that
50 percent of the pregnancies described in paragraph (1) ended
in abortion.
(3) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(4) The risk of pregnancy after sexual assault has been
estimated to be 4.7 percent in survivors who were not protected
by some form of contraception at the time of the attack.
(5) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy, reducing the risk by as much as 89 percent if taken
within days of unprotected intercourse and up to 95 percent if
taken in the first 24 hours.
(6) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraceptive pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered the standard of care.
(9) Nine out of ten women of reproductive age remain
unaware of emergency contraception. Therefore, women who have
been sexually assaulted are unlikely to ask for emergency
contraception.
(10) New data from a survey of women having abortions
estimates that 51,000 abortions were prevented by use of
emergency contraception in 2000 and that increased use of
emergency contraception accounted for 43 percent of the
decrease in total abortions between 1994 and 2000.
(11) It is essential that all hospitals that provide
emergency medical treatment provide emergency contraception as
a treatment option to any woman who has been sexually
assaulted, so that she may prevent an unintended pregnancy.
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under any health-related program, unless the hospital meets the
conditions specified in subsection (b) in the case of--
(1) any woman who presents at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who presents at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as a safe and
effective way to prevent pregnancy after unprotected
intercourse or contraceptive failure if taken in a
timely manner, and is more effective the sooner it is
taken; and
(B) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her at
the hospital on her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) The term ``emergency contraception'' means a drug, drug
regimen, or device that is--
(A) approved by the Food and Drug Administration to
prevent pregnancy; and
(B) is used postcoitally.
(2) The term ``hospital'' has the meanings given such term
in title XVIII of the Social Security Act, including the
meaning applicable in such title for purposes of making
payments for emergency services to hospitals that do not have
agreements in effect under such title.
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(4) The term ``sexual assault'' means coitus in which the
woman involved does not consent or lacks the legal capacity to
consent.
(d) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section. | Compassionate Assistance for Rape Emergencies Act - Prohibits any federal funds from being provided to a hospital unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; and (4) does not deny any such services because of the inability of the woman or her family to pay. | {"src": "billsum_train", "title": "To provide for the provision by hospitals of emergency contraceptives to women who are survivors of sexual assault."} | 1,175 | 115 | 0.492745 | 1.325527 | 0.584012 | 3.456311 | 10.631068 | 0.970874 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Integrity in Medicare Act
of 2016'' or ``PIMA of 2016''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Recent studies by the Government Accountability Office
(GAO) examining self-referral practices in advanced diagnostic
imaging and anatomic pathology determined that financial
incentives were the most likely cause of increases in self-
referrals.
(2) For advanced diagnostic imaging, GAO stated that
``providers who self-referred made 400,000 more referrals for
advanced imaging services than they would have if they were not
self-referring'', at a cost of ``more than $100 million'' in
2010.
(3) For anatomic pathology, GAO found that ``self-referring
providers likely referred over 918,000 more anatomic pathology
services'' than they would have if they were not self-
referring, costing Medicare approximately $69,000,000 more in
2010 than if self-referral was not permitted.
(4) For radiation oncology, GAO found that intensity
modulated radiation therapy (IMRT) utilization among self-
referring groups increased by 356 percent, with overall
increases in IMRT utilization rates and spending due entirely
to services performed by limited-specialty groups. The GAO
concluded that ``the higher use of IMRT by self-referring
providers results in higher costs for Medicare and
beneficiaries. To the extent that treatment decisions are
driven by providers' financial interest and not by patient
preference, these increased costs are difficult to justify''.
(5) For physical therapy, GAO found that ``in the year a
provider began to self-refer, physical therapy service
referrals increased at a higher rate relative to non-self-
referring providers of the same specialty''.
(6) Noting the rapid growth of services covered by the in-
office ancillary services (IOAS) exception and evidence that
these services are sometimes furnished inappropriately by
referring physicians, the Medicare Payment Advisory Commission
(MedPAC) stated that physician self-referral of ancillary
services creates incentives to increase volume under Medicare's
current fee-for-service payment systems and the rapid volume
growth contributes to Medicare's rising financial burden on
taxpayers and beneficiaries.
(7) The President's Fiscal Year 2017 Budget includes the
change to remove the four services: advanced diagnostic
imaging, anatomic pathology, radiation oncology, and physical
therapy from the IOAS exception to the Stark Law and cited the
change as generating a savings score of $4,980,000,000 over 10
years. The nonpartisan Congressional Budget Office's analysis
of the President's Fiscal Year 2017 Budget listed the change as
generating a savings of $3,300,000,000 over 10 years.
(8) According to the Centers for Medicare & Medicaid
Services, a key rationale for the IOAS exception was to permit
physicians to provide ancillary services in their offices to
better inform diagnosis and treatment decisions at the time of
the patient's initial office visit.
(9) It is necessary, therefore, to distinguish between
services and procedures that were intended to be covered by the
IOAS exception, such as routine clinical laboratory services or
simple x-rays that are provided during the patient's initial
office visit, and other health care services which were clearly
not envisioned to be covered by that exception because they
cannot be performed during the patient's initial office visit.
(10) According to a 2010 Health Affairs study, less than 10
percent of CT, MRI, and Nuclear Medicine scans take place on
the same day as the initial patient office visit.
(11) According to a 2012 Health Affairs study, urologists'
self-referrals for anatomic pathology services of biopsy
specimens is linked to increased use and volume billed along
with a lower detection of prostate cancer.
(12) According to an October 2011 Laboratory Economics
report, there has been an increase in the number of anatomic
pathology specimen units billed to the Medicare part B program
from 2006 through 2010, specifically for CPT Code 88305, and
the rate of increase billed by physician offices for this
service is accelerating at a far greater pace than the rest of
the provider segments.
(13) According to a 2013 American Academy of Dermatology
Pathology Billing paper, arrangements involving the split of
the technical and professional components of anatomic pathology
services among different providers may endanger patient safety
and undermine quality of care.
(14) In November 2012, Bloomberg News released an
investigative report that scrutinized ordeals faced by
California prostate cancer patients treated by a urology clinic
that owns radiation therapy equipment. The report found that
physician self-referral resulted in a detrimental impact on
patient care and drove up health care costs in the Medicare
program. The Wall Street Journal, the Washington Post, and the
Baltimore Sun have also published investigations showing that
urology groups owning radiation therapy machines have
utilization rates that rise quickly and are well above national
norms for radiation therapy treatment of prostate cancer.
(15) According to a 2010 MedPAC report, only 3 percent of
outpatient physical therapy services were provided on the same
day as an office visit, only 9 percent within 7 days of an
office visit, and only 14 percent within 14 days of an office
visit. These services are not integral to the physician's
initial diagnosis and do not improve patient convenience
because patients must return for physical therapy treatments.
(16) Those services intended to be covered under the IOAS
exception are not affected by this legislation.
(17) The exception to the ownership or investment
prohibition for rural providers in the ``Stark'' rule is not
affected by this legislation.
(b) Purposes.--The purposes of this Act are the following:
(1) Maintain the in-office ancillary services exception and
preserve its original intent by removing certain complex
services from the exception--specifically, advanced imaging,
anatomic pathology, radiation therapy, and physical therapy.
(2) Protect patients from misaligned provider financial
incentives.
(3) Protect Medicare resources by saving billions of
dollars.
(4) Accomplish the purposes described in paragraphs (1),
(2), and (3) in a manner that does not alter the existing
exception to the ownership or investment prohibition for rural
providers.
SEC. 3. LIMITATION ON APPLICATION OF PHYSICIANS' SERVICES AND IN-OFFICE
ANCILLARY SERVICES EXCEPTIONS.
(a) In General.--Section 1877(b) of the Social Security Act (42
U.S.C. 1395nn(b)) is amended--
(1) in paragraph (1), by inserting ``, other than specified
non-ancillary services,'' after ``section 1861(q))''; and
(2) in paragraph (2), by inserting ``, specified non-
ancillary services,'' after ``(excluding infusion pumps)''.
(b) Increase of Civil Money Penalties.--Section 1877(g) of the
Social Security Act (42 U.S.C. 1395nn(g)) is amended--
(1) in paragraph (3), by inserting ``, unless such bill or
claim included a bill or claim for a specified non-ancillary
service, in which case the civil money penalty shall be not
more than $25,000 for each such service'' before the period at
the end of the first sentence; and
(2) in paragraph (4), by inserting ``(or $150,000 if such
referrals are for specified non-ancillary services)'' after
``$100,000''.
(c) Enhanced Screening of Claims.--Section 1877(g) of the Social
Security Act (42 U.S.C. 1395nn(g)) is further amended by adding at the
end the following new paragraph:
``(7) Compliance review for specified non-ancillary
services.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this paragraph, the
Secretary, in consultation with the Inspector General
of the Department of Health and Human Services, shall
review compliance with subsection (a)(1) with respect
to referrals for specified non-ancillary services in
accordance with procedures established by the
Secretary.
``(B) Factors in compliance review.--Such
procedures--
``(i) shall, for purposes of targeting
types of entities that the Secretary determines
represent a high risk of noncompliance with
subsection (a)(1) with respect to such billing
for such specified non-ancillary services,
apply different levels of review based on such
type; and
``(ii) may include prepayment reviews,
claims audits, focused medical review, and
computer algorithms designed to identify
payment or billing anomalies.''.
(d) Definition of Specified Non-Ancillary Services.--Section
1877(h) of the Social Security Act (42 U.S.C. 1395nn(h)) is amended by
adding at the end the following new paragraphs:
``(8) Specified non-ancillary services.--
``(A) Subject to subparagraph (B), the term
`specified non-ancillary service' means the following:
``(i) Anatomic pathology services, as
defined by the Secretary and including the
technical or professional component of the
following:
``(I) Surgical pathology.
``(II) Cytopathology.
``(III) Hematology.
``(IV) Blood banking.
``(V) Pathology consultation and
clinical laboratory interpretation
services.
``(ii) Radiation therapy services and
supplies, as defined by the Secretary.
``(iii) Advanced diagnostic imaging studies
(as defined in section 1834(e)(1)(B)).
``(iv) Physical therapy services (as
described in paragraph (6)(B)).
``(v) Any other service that the Secretary
has determined is not usually provided and
completed as part of the office visit to a
physician's office in which the service is
determined to be necessary.
``(B) The term `specified non-ancillary service'
does not include the following:
``(i) Any service that is furnished--
``(I) in an urban area (as defined
in section 1886(d)(2)(D)) to an
individual who resides in a rural area
(as defined in such section); and
``(II) to such individual in its
entirety on the same day as the day on
which, with respect to the condition
for which the service is furnished, the
initial office visit of the individual
for such condition occurs.
``(ii) Any service that is furnished--
``(I) by a provider of services or
supplier participating in an
accountable care organization that
participates in the shared savings
program established under section 1899;
and
``(II) to a Medicare fee-for-
service beneficiary (as defined in
section 1899(h)(3)) assigned to such
accountable care organization.
``(iii) Any service that is furnished by a
provider or supplier pursuant to the
participation of the provider or supplier in a
payment and service delivery model selected
under section 1115A(a).
``(iv) Any service that is provided by an
integrated health care delivery system.
``(9) Integrated health care.--The term `integrated health
care delivery system' means a group practice, as defined by the
Secretary, that--
``(A) consists of at least--
``(i) primary care physicians who provide
primary care services (as defined in section
1842(i)(4)); and
``(ii) seven or more different and distinct
physician specialties (not including
subspecialties) which are practiced by
physicians who are board certified in the
physician specialty associated with the
services that they provide;
``(B) is governed by a governing body that has made
a determination (and has documented such determination)
that the system is focused on--
``(i) promoting accountability for the
quality, cost, and overall care for individuals
entitled to benefits under part A or enrolled
in part B, including by managing and
coordinating care for such individuals; and
``(ii) encouraging investment in
infrastructure and redesigned care processes
for high quality and efficient service delivery
for patients, including individuals described
in clause (i); and
``(C) meets, with respect to the program under this
title, such cost reduction and quality goals as the
Secretary determines appropriate.''.
(e) Construction.--Nothing in this section (or the amendments made
by this section) shall be construed to affect the authority of the
Secretary of Health and Human Services to waive under section 1899 of
the Social Security Act (42 U.S.C. 1395jjj) the requirements imposed
under the provisions of this section (or such amendments) or to affect
the authority of the Secretary to implement the provisions under
section 1848(q) of such Act (42 U.S.C. 1395w-4(q)) (relating to the
eligible professionals Merit-Based Incentive Payment System under the
Medicare program) or section 1833(z) of such Act (42 U.S.C. 1395l(z))
(relating to incentive payments for participation in eligible
alternative payment models under such program).
(f) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after the first day of the
first month beginning more than 12 months after the date of the
enactment of this Act.
SEC. 4. CLARIFICATION OF CERTAIN ENTITIES SUBJECT TO STARK RULE AND
ANTI-MARKUP RULE.
Section 1877(h) of the Social Security Act (42 U.S.C. 1395nn(h)) is
further amended by adding at the end the following new paragraph:
``(9) Clarification of certain entities subject to anti-
markup rule.--In applying this section, the term `entity' shall
include a physician's practice when it bills under this title
for the technical component or the professional component of a
specified non-ancillary service, including when such service is
billed in compliance with section 1842(n)(1).''.
SEC. 5. CLARIFICATION OF SUPERVISION OF TECHNICAL COMPONENT OF ANATOMIC
PATHOLOGY SERVICES.
Section 1861(s)(17) of the Social Security Act (42 U.S.C.
1395x(s)(17)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) with regard to the provision of the technical
component of anatomic pathology services, meets the
applicable supervision requirements for laboratories
certified in the subspecialty of histopathology,
pursuant to section 353 of the Public Health Service
Act; and''.
SEC. 6. EXEMPTION FROM BUDGET NEUTRALITY UNDER PHYSICIAN FEE SCHEDULE.
Section 1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C.
1395w-4(c)(2)(B)(v)) is amended by adding at the end the following new
subclause:
``(VIII) Changes to limitations on
certain physician referrals.--Effective
for fee schedules established beginning
with 2017, reduced expenditures
attributable to the Promoting Integrity
in Medicare Act of 2016.''. | Promoting Integrity in Medicare Act of 2016 or PIMA of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) expand Medicare's prohibition on physician self-referrals to include, with specified exceptions, certain advanced imaging, anatomic pathology, radiation therapy, and physical therapy services; and (2) establish increased civil monetary penalties for violations of the self-referral prohibition with respect to those services. The Centers for Medicare & Medicaid Services shall conduct a compliance review with respect to such referrals. | {"src": "billsum_train", "title": "PIMA of 2016"} | 3,470 | 157 | 0.499006 | 1.530603 | 0.647638 | 2.854167 | 32.072917 | 0.875 |
SECTION 1. MAXIMUM CAPITAL GAINS RATES FOR INDIVIDUALS.
(a) Regular Tax.--Paragraph (1) of section 1(h) of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended to read as follows:
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, the tax imposed by this section for such
taxable year shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the greater of--
``(i) taxable income reduced by the net
capital gain, or
``(ii) the lesser of--
``(I) the amount of taxable income
taxed at a rate below 28 percent, or
``(II) the taxable income reduced
by the adjusted net capital gain, plus
``(B) 28 percent of the amount of taxable income in
excess of the sum of--
``(i) the adjusted net capital gain, plus
``(ii) the amount on which tax is
determined under subparagraph (A), plus
``(C) 10 percent of so much of the taxpayer's
adjusted net capital gain (or, if less, taxable income)
as does not exceed the excess (if any) of--
``(i) the amount of taxable income which
would (without regard to this paragraph) be
taxed at a rate below 28 percent, over
``(ii) the taxable income reduced by the
adjusted net capital gain, plus
``(D) 20 percent of the taxpayer's adjusted net
capital gain (or, if less, taxable income) in excess of
the amount on which a tax is determined under
subparagraph (C).''.
(b) Minimum Tax.--Paragraph (3) of section 55(b) of such Code is
amended to read as follows:
``(3) Maximum rate of tax on net capital gain of
noncorporate taxpayers.--The amount determined under the first
sentence of paragraph (1)(A)(i) shall not exceed the sum of--
``(A) the amount determined under such first
sentence computed at the rates and in the same manner
as if this paragraph had not been enacted on the
taxable excess reduced by the lesser of--
``(i) the net capital gain, or
``(ii) the adjusted net capital gain, plus
``(B) 10 percent of so much of the taxpayer's
adjusted net capital gain (or, if less, taxable excess)
as does not exceed the amount on which a tax is
determined under section 1(h)(1)(C), plus
``(C) 20 percent of the taxpayer's adjusted net
capital gain (or, if less, taxable excess) in excess of
the amount on which tax is determined under
subparagraph (B).
In the case of taxable years beginning after December 31, 2000,
rules similar to the rules of section 1(h)(2) shall apply for
purposes of subparagraphs (B) and (C). Terms used in this
paragraph which are also used in section 1(h) shall have the
respective meanings given such terms by section 1(h).''.
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1(h) of such Code is amended--
(A) by striking ``paragraph (1)(D)'' in
subparagraph (A) and inserting ``paragraph (1)(C)'',
and
(B) by striking ``paragraph (1)(E)'' in
subparagraph (B) and inserting ``paragraph (1)(D)''.
(2) Paragraph (4) of section 1(h) of such Code is amended
by striking subparagraph (B) and by redesignating subparagraphs
(C) and (D) as subparagraph (B) and (C), respectively.
(3) Subsection (h) of section 1 of such Code is amended by
striking paragraph (6) and by redesignating paragraphs (7)
through (11) as paragraphs (6) through (10), respectively.
(4) Paragraph (8) of section 1(h) of such Code, as
redesignated by paragraph (3), is amended by striking
``unrecaptured section 1250 gain (determined without regard to
subparagraph (B) of paragraph (6)),''.
(5) Subparagraph (A) of section 1(h)(9) of such Code, as
redesignated by paragraph (3), is amended by striking
``paragraph (8)(A)'' and inserting ``paragraph (7)(A)''.
(6) Paragraph (10) of section 1(h) of such Code, as
redesignated by paragraph (3), is amended by striking
``paragraph (10)(C)'' and inserting ``paragraph (9)(C)''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 311 of the
Taxpayer Relief Act of 1997. | Amends the Internal Revenue Code to reduce the tax rate on unrecaptured gain from dispositions of certain depreciable property. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the rate of tax on unrecaptured section 1250 gain from 25 percent to 20 percent."} | 1,124 | 31 | 0.462903 | 0.953874 | 0.034603 | 0.95 | 51.25 | 0.65 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's History and Nineteenth
Amendment Centennial Quarter Dollar Coin Program Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The tireless and passionate efforts of the suffragists,
their supporters, and other stakeholders contributed to the
movement to grant and protect the right of all women to vote.
(2) On August 26, 1920, after a long campaign by
suffragists across the country, the United States Constitution
was amended with the 19th Amendment, granting women the right
to vote.
(3) On June 24, 1924, all Native Americans were granted
citizenship, and by extension the right to vote.
(4) In 1948, the legal victories of Native American
veterans granted protections for the right of all Native men
and women to vote.
(5) On June 27, 1952, the Immigration and Nationality Act
of 1952 was enacted, granting citizenship to all individuals of
Asian descent, and by extension, the right to vote.
(6) Enactment of the Voting Rights Act of 1965 on August 6,
1965, granted Black women protections to overcome the legal
barriers that prevented many from exercising their right to
vote even though all Blacks had been granted citizenship in
1868 with ratification of the 14th Amendment.
(7) On August 6, 1975, the amendments to the
reauthorization of the Voting Rights Act of 1965 removed
language barriers to mitigate discrimination against Hispanic,
Asian, and Native American voters.
(8) It was not until March 29, 1961, when the 23rd
Amendment passed that women in Washington, DC, were allowed to
vote in all elections.
(9) Women's history and the movement for women's rights
that the suffragists began extends beyond ratification of the
Nineteenth Amendment.
(10) August 26, 2020, marks the centennial of the day that
women were granted the right to vote in America.
SEC. 3. ISSUANCE OF COINS COMMEMORATING THE NINETEENTH AMENDMENT.
(a) Amendment to National Sites Quarter Dollar Program.--Subsection
(t) of section 5112 of title 31, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``Notwithstanding the
fourth sentence of subsection (d)(1) and subsection (d)(2)''
and inserting ``Subject to paragraph (8), and notwithstanding
the fourth sentence of subsection (d)(1) and subsection
(d)(2)'';
(2) by striking paragraph (7) and inserting the following:
``(7) Period of issuance.--Subject to paragraph (2), the
program established under this subsection shall continue in
effect until a national site in each State has been honored and
shall terminate not later than March 31, 2021.''; and
(3) by striking paragraph (8) and inserting the following:
``(8) Designs starting on january 1, 2021.--
``(A) Transition period.--The design of the quarter
dollar from January 1, 2021, to March 31, 2021, shall
be as follows:
``(i) On January 1, 2021, the design shall
be the final design of the national sites
program established by this subsection.
``(ii) On a date selected by the Secretary
that is not earlier than January 15, 2021, and
not later than March 31, 2021, the design shall
be the first design selected pursuant to the
program described in subsection (w).
``(B) Design after end of program.--As of April 1,
2021, the design of the quarter dollar shall be in
accordance with subsection (w).''.
(b) Issuance of Coins Commemorating the Nineteenth Amendment.--
Section 5112 of title 31, United States Code, is amended by adding at
the end the following:
``(w) Redesign and Issuance of Quarter Dollars Commemorating the
Ratification of the Nineteenth Amendment.--
``(1) Redesign beginning in 2021.--Notwithstanding the
fourth sentence of subsection (d)(1) and subsection (d)(2),
quarter dollars issued during the period beginning on the date
described in subsection (t)(8)(A)(ii) and ending on the date
described in paragraph (8) shall have designs on the reverse
selected in accordance with this subsection.
``(2) Nineteenth amendment quarter dollar design
requirements.--
``(A) Flexibility with regard to placement of
inscriptions.--Notwithstanding subsection (d)(1), the
Secretary may select a design for quarter dollars
described in paragraph (1) in which--
``(i) the inscription described in the
second sentence of subsection (d)(1) appears on
the reverse side of any such quarter dollars;
and
``(ii) any inscription described in the
third sentence of subsection (d)(1) or the
designation of the value of the coin appears on
the obverse side of any such quarter dollars.
``(B) Single prominent american woman.--
Notwithstanding subsection (d)(1), the design on the
reverse of each coin issued under this subsection
shall--
``(i) be emblematic of the accomplishments
and contributions of a prominent woman who was
a resident of a State, the District of
Columbia, or a territory;
``(ii) bear the name of the prominent woman
and the State, District of Columbia, or
territory; and
``(iii) bear other appropriate
inscriptions.
``(3) Issuance of coins during each year.--
``(A) In general.--The designs for the quarter
dollar coins issued during each year of the period
referred to in paragraph (1) shall be emblematic of a
maximum of 5 States, the District of Columbia, or
territories.
``(B) Order of issuance.--The quarter dollar coins
issued during each year of the period referred to in
paragraph (1) shall be issued in alphabetical order of
the area represented, starting with Alabama.
``(C) Number of each of coin designs in each
year.--The Secretary shall prescribe the number of
quarter dollars which shall be issued with each of the
designs selected for each year.
``(4) Selection of design.--
``(A) In general.--Each of the designs required
under this subsection for quarter dollar coins shall--
``(i) be approved by the Secretary after--
``(I) submission of a
recommendation from the chief executive
of the applicable State, the District
of Columbia, or territory being
commemorated;
``(II) consultation with women's
groups and organizations within the
applicable State, the District of
Columbia, or territory being
commemorated that are pursuing a
mission focused on increasing the
inclusion of women, or improving the
quality of life for women; and
``(III) consultation with the
Commission of Fine Arts;
``(ii) be reviewed by the Citizens Coinage
Advisory Committee; and
``(iii) honor or commemorate a woman who
has made significant contributions to the lives
of individuals of the applicable State, the
District of Columbia, or territory.
``(B) Selection and approval process.--Designs for
quarter dollars may be submitted in accordance with the
design selection and approval process developed by the
Secretary.
``(C) Participation.--The Secretary shall include
in design selection, to the greatest extent
practicable, participation by--
``(i) the chief executive of the applicable
State, District of Columbia, or territory;
``(ii) artists from the States, District of
Columbia, and territories;
``(iii) engravers of the United States
Mint; and
``(iv) members of the general public from
groups or organizations that are pursuing a
mission focused on increasing the inclusion of
women or improving the quality of life for
women.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any coin minted under this
subsection.
``(E) Prohibition on certain representations.--The
design of any quarter dollar under this subsection may
not include--
``(i) a head and shoulders portrait or bust
of any person, living or dead;
``(ii) a portrait of a living person; or
``(iii) a depiction of an individual in a
size such that the coin could be considered to
be a `2-headed' coin.
``(F) Release of designs.--Not later than August
31, 2020, the Secretary shall publish each of the first
5 designs described in subparagraph (A).
``(5) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all coins described under this
subsection shall be considered to be numismatic items.
``(6) Issuance.--
``(A) Quality of coins.--The Secretary may mint and
issue such number of quarter dollars of each design
selected under paragraph (4) in uncirculated and proof
qualities as the Secretary determines to be
appropriate.
``(B) Silver coins.--Notwithstanding subsection
(b), the Secretary may mint and issue such number of
quarter dollars of each design selected under paragraph
(4) as the Secretary determines to be appropriate, with
a content of not less than 90 percent silver.
``(7) Application in event of the admission of additional
state.--If any additional State is admitted into the Union
before the termination date described in paragraph (8), the
Secretary may issue quarter dollar coins, in accordance with
this subsection, with a design which is emblematic of such
State during any 1 year of the period described in paragraph
(1), in addition to the quarter dollar coins issued during such
year in accordance with paragraph (3)(A).
``(8) Termination date.--The authority to issue quarter
dollar coins pursuant to this subsection shall terminate on
December 31 of the year in which the final State or territory
has been commemorated with a design pursuant to paragraph (3).
``(9) Designs after end of program.--On the first day of
the year following the year of the date described in paragraph
(8)--
``(A) the design on the obverse of the quarter
dollar shall revert to the same design containing an
image of President Washington in effect for the quarter
dollar before the institution of the 50-State quarter
dollar program; and
``(B) notwithstanding the fourth sentence of
subsection (d)(1), the design on the reverse of the
quarter dollar shall contain an image of General
Washington crossing the Delaware River prior to the
Battle of Trenton.
``(10) Definitions.--In this subsection:
``(A) The term `territory' means the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``(B) The term `resident', with respect to a State,
the District of Columbia, or a territory, means that a
woman resided in such State, the District of Columbia,
or such territory for a period of at least 1
consecutive year.
``(x) Silver Bullion Investment Product.--
``(1) In general.--The Secretary shall strike and make
available for sale such number of bullion coins as the
Secretary determines to be appropriate that are exact
duplicates of the quarter dollars issued under subsection (w),
each of which shall--
``(A) have a diameter of 3.0 inches and weigh 5.0
ounces;
``(B) contain .999 fine silver;
``(C) have incused into the edge the fineness and
weight of the bullion coin;
``(D) bear an inscription of the denomination of
such coin, which shall be `quarter dollar'; and
``(E) not be minted or issued by the United States
Mint as so-called `fractional' bullion coins or in any
size other than the size described in subparagraph (A).
``(2) Availability for sale.--Bullion coins minted under
paragraph (1)--
``(A) shall become available for sale no sooner
than the first day of the calendar year in which the
circulating quarter dollar coins of which such bullion
coins are a duplicate are issued; and
``(B) may only be available for sale during the
year in which such circulating quarter dollar coins are
issued.''.
SEC. 4. COLLECTION AND RECOGNITION PROGRAM.
(a) In General.--Not later than December 1, 2018, the Secretary of
the Treasury shall initiate a program to promote the collection of, and
recognition of the subjects of, the coins authorized under the
amendments made by this Act.
(b) Study Required.--The Secretary shall conduct a study on the
progress of the program described in subsection (a).
(c) Report.--Not later than March 1, 2019, the Secretary shall
submit a report to the Congress on the results of the study conducted
pursuant to subsection (b). | Women's History and Nineteenth Amendment Centennial Quarter Dollar Coin Program Act This bill requires the Department of the Treasury to mint and issue quarter-dollar coins in commemoration of the ratification of the Nineteenth Amendment granting women the right to vote. The design on the reverse of each coin shall be emblematic of the accomplishments and contributions of a prominent woman who was a resident of a state, the District of Columbia, or a U.S. territory. Such coins shall be issued in alphabetical order of the area represented, starting with the state of Alabama. Treasury shall: initiate a program to promote collection of the coins and recognition of their subjects, and strike and make available for sale silver bullion coins that are the exact duplicates of the coins. | {"src": "billsum_train", "title": "Women\u2019s History and Nineteenth Amendment Centennial Quarter Dollar Coin Program Act"} | 2,865 | 172 | 0.425471 | 1.212888 | 0.592631 | 3.867133 | 18.874126 | 0.93007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug-Free Schools Reform Act of
1996''.
SEC. 2. DRUG AND VIOLENCE PREVENTION PROGRAMS.
Subpart 1 of part A of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended to read as
follows:
``Subpart 1--State Grants for Drug and Violence Prevention Programs
``SEC. 4111. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under section
4004(a) to carry out this subpart for each fiscal year, the Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this subpart to Guam, American Samoa, the Virgin Islands,
and the Commonwealth of the Northern Mariana Islands, to be
allotted in accordance with the Secretary's determination of
their respective needs;
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this part
for Indian youth;
``(3) may reserve not more than $1,000,000 for the national
impact evaluation required by section 4114(a); and
``(4) shall reserve 0.2 percent of such amount for programs
for Native Hawaiians under section 4115.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall, for each fiscal year, allocate among the
States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the
school-aged population of each State and the school-
aged population of all the States; and
``(B) one-half of such remainder according to the
ratio between the amount each State received under part
A of title I for the preceding year and the sum of such
amounts received by all the States.
``(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this subsection.
``(3) Reallotment.--The Secretary may reallot any amount of
any allotment to a State if the Secretary determines that the
State will be unable to use such amount within two years of
such allotment. Such reallotments shall be made on the same
basis as allotments are made under paragraph (1).
``(4) Definitions.--For the purpose of this subsection--
``(A) the term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico; and
``(B) the term `local educational agency' includes
educational service agencies and consortia of such
agencies.
``SEC. 4112. STATE APPLICATIONS.
``(a) In General.--In order to receive an allotment under section
4111 for any fiscal year, the chief executive officer of the State
shall submit to the Secretary, at such time as the Secretary may
require, an application that--
``(1) describes how funds under this subpart will be
coordinated with programs under this Act, the Goals 2000:
Educate America Act, and other Acts, as appropriate, in
accordance with the provisions of section 14306;
``(2) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be based
on the results of on-going State evaluation activities,
including data on the prevalence of drug use and violence by
youth in schools and communities;
``(3) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national impact
evaluation of programs required by section 4114(a); and
``(4) includes any other information the Secretary may
require.
``(b) Peer Review.--The Secretary shall use a peer review process
in reviewing State applications under this section.
``SEC. 4113. STATE PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--The chief executive officer of a State
shall use funds allocated pursuant to section 4111(a)(1) for
drug and violence prevention programs and activities in
accordance with this section.
``(2) Administrative costs.--A chief executive officer may
use not more than 5 percent of the total amount received under
this part for the administrative costs incurred in carrying out
the duties of such officer under this section.
``(b) Programs Authorized.--
``(1) In general.--The exclusive and immutable purpose of
these grants to or contracts with the foregoing is to finance
or sponsor prevention or education programs dedicated to
teaching directly the dangers, risks, health costs, legal
penalties, short- and long-term negative personal impacts of
illegal drug use and underage drinking with funds expended for
no other purpose than a `no use,' `right-wrong' antidrug
message. If any amount or percentage of these funds is spent
for purposes other than a strict no-drug-use curriculum, such
as general health or hygiene education, social events, annual
sports budgets, or any other non-anti-drug program, such
expenditures shall be considered a violation.
``(2) Penalties.--Complete forfeiture, reimbursement, and
each applicable Federal penalty provision shall apply to each
person responsible for any such misapplication or misspending
of the funds.
``(3) Peer review.--Grants or contracts awarded under this
subsection shall be subject to a peer review process.
``(4) Special rule.--The chief executive officer of a State
may carry out activities under this subsection directly, or
through grants or contracts.
``(c) Law Enforcement Education Partnerships.--A chief executive
officer shall use funds under subsection (a)(1) to award grants to
State, county or local law enforcement agencies (including district
attorneys) in consortium with local educational agencies or community-
based agencies for the purposes of carrying out drug abuse and violence
prevention activities, such as--
``(1) Project Drug Abuse Resistance Education and other
programs which provide classroom instruction by uniformed law
enforcement officials that is designed to teach students to
recognize and resist pressures to experiment that influence
such children to use controlled substances or alcohol;
``(2) Project Legal Lives and other programs in which
district attorneys provide classroom instruction in the law and
legal system which emphasizes interactive learning techniques,
such as mock trial competitions;
``(3) partnerships between law enforcement and child
guidance professionals; and
``(4) before- and after-school activities.
``SEC. 4114. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--
``(1) Biennial evaluation.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Director
of the Office of National Drug Control Policy, and the Attorney
General, shall conduct an independent biennial evaluation of
the national impact of programs assisted under this subpart and
of other recent and new initiatives to combat violence in
schools and submit a report of the findings of such evaluation
to the President and the Congress.
``(2) Data collection.--(A) The National Center for
Education Statistics shall collect data to determine the
frequency, seriousness, and incidence of violence in elementary
and secondary schools in the States. The Secretary shall
collect the data using, wherever appropriate, data submitted by
the States pursuant to subsection (b)(2)(B).
``(B) Not later than January 1, 2000, the Secretary shall
submit to Congress a report on the data collected under this
subsection, together with such recommendations as the Secretary
determines appropriate, including estimated costs for
implementing any recommendation.
``(b) State Report.--
``(1) In general.--By October 1, 1999, and every third year
thereafter, the chief executive officer of the State shall
submit to the Secretary a report on the implementation and
outcomes of State programs under section 4113, as well as an
assessment of their effectiveness.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's ongoing evaluation
activities, and shall include data on the prevalence of
drug use and violence by youth in schools and
communities; and
``(C) made readily available to the public.
``SEC. 4114. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds made available pursuant to
section 4111(a)(4) to carry out this section, the Secretary shall make
grants to or enter into cooperative agreements or contracts with
organizations primarily serving and representing Native Hawaiians which
are recognized by the Governor of the State of Hawaii to plan, conduct,
and administer programs, or portions thereof, which are authorized by
and consistent with the provisions of this title for the benefit of
Native Hawaiians.
``(b) Definition of Native Hawaiian.--For the purposes of this
section, the term `Native Hawaiian' means any individual any of whose
ancestors were natives, prior to 1778, of the area which now comprises
the State of Hawaii.''. | Drug-Free Schools Reform Act of 1996 - Amends the Elementary and Secondary Education Act of 1965 to revise requirements for State Grants for Drug and Violence Prevention Programs.
Revises requirements relating to State applications for such grants. Eliminates requirements relating to distribution of State funds among local educational agencies and their applications for such assistance.
Revises program requirements. Requires use of program funds for awarding grants to State, county, or local law enforcement agencies (including district attorneys) in consortium with local educational agencies or community-based agencies to carry out drug abuse and violence prevention activities.
Revises evaluating and reporting requirements for such programs. | {"src": "billsum_train", "title": "Drug-Free Schools Reform Act of 1996"} | 2,001 | 140 | 0.454257 | 1.154391 | 0.596783 | 3.040984 | 15.491803 | 0.827869 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Resource Efficient Building
Materials Act of 1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
General Services.
(2) The term ``agency'' means an Executive agency as
defined under section 105 of title 5, United States Code, and
any agency of the judicial branch of Government.
(3) The term ``resource efficient materials'' means any
recycled, recovered, reclaimed or reused material whose
production, manufacture, fabrication and use conserves and
preserves natural resources when compared to the production,
manufacture, fabrication and use of comparable, more
conventional materials.
(4) The term ``resource efficient building materials''
means any resource efficient material which may be used in the
construction of a building or facility.
(5) The term ``solid waste'' shall have the same meaning as
such term is defined under section 1004(27) of the Solid Waste
Disposal Act (42 U.S.C. 6903(27)).
(6) The term ``construction'' shall have the same meaning
as such term is defined under section 1004(2) of the Solid
Waste Disposal Act (42 U.S.C. 6903(2)).
SEC. 3. FEDERAL ACQUISITION AND USE OF RESOURCE EFFICIENT BUILDING
MATERIALS.
(a) Demonstration of Use of Materials.--The Administrator shall
establish a 3-year pilot program to demonstrate the acquisition and use
of resource efficient building materials in the construction of Federal
facilities and buildings and in existing Federal facilities and
buildings.
(b) Selection Criteria.--In selecting resource efficient building
materials, the Administrator shall use the criteria of--
(1) maximizing the conservation and preservation of natural
resources;
(2) ensuring that the materials are similar in quality and
durability to comparable, more conventional materials;
(3) ensuring that the materials are cost competitive with
comparable, more conventional materials on a life cycle cost
basis;
(4) ensuring that the materials meet appropriate
environmental, public health, and safety standards; and
(5) meeting appropriate standards for energy efficiency.
(c) Preferences Among Resource Efficient Building Materials.--When
making choices between comparable resource efficient building materials
that meet all the criteria under subsection (b), the Administrator
shall give preference to those materials that best satisfy the criteria
under subsection (b)(1).
SEC. 4. REPORT.
Upon completion of the pilot program established under section 3
the Administrator shall report to Congress on its implementation. Such
a report shall include--
(1) a listing of the type and quantities of resource
efficient building materials used;
(2) the cost and performance of such materials compared to
comparable, more conventional materials;
(3) the extent to which the acquisition and use of such
materials can be expanded beyond the scope of the pilot
program; and
(4) an assessment of how well the materials meet the
criteria under section 3(b).
SEC. 5. RESOURCE EFFICIENT BUILDING MATERIAL ADVISORY BOARD.
(a) Establishment.--There is established the Resource Efficient
Building Material Advisory Board (hereafter referred to as the
``Board''). The Board shall consist of 11 members appointed by the
Administrator of whom--
(1) one shall be a representative from the General Services
Administration;
(2) one shall be a representative from the Environmental
Protection Agency;
(3) one shall be a representative from the Army Corps of
Engineers;
(4) two shall be representatives from the environmental
community;
(5) two shall be representatives from the construction
industry, of whom at least one shall be from a small business;
(6) two shall be representatives from manufacturing
companies that produce resource efficient materials, of whom at
least one shall be from a small business; and
(7) two shall be representatives from the scientific and
technical community.
(b) Duties.--The Board shall--
(1) advise the Administrator on the latest developments in
resource efficient building materials and design and how such
developments may be incorporated into the construction of
Federal buildings;
(2) make recommendations to the Administrator on actions
needed to further facilitate the acquisition and use of
resource efficient materials in Federal construction; and
(3) make recommendations to the Administrator on actions
needed to minimize the generation of solid waste in the
construction of Federal buildings and facilities.
(c) Chairman.--The Administrator shall serve as Chairman of the
Board and shall be a voting member.
(d) Meetings.--The Board shall meet on a quarterly basis. The Board
shall comply with the provisions of the Federal Advisory Committee Act
(5 U.S.C. App.).
(e) Appointments.--No later than 120 days after the date of the
enactment of this Act, the Administrator shall make the initial
appointments to the Board. The appointees shall serve until the Board's
termination.
(f) Hearings.--The Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Board considers advisable to carry out the purposes of this Act.
(g) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out the provisions of this Act. Upon
request of the Chairman of the Board, the head of such department or
agency shall furnish such information to the Board.
(h) Postal Services.--The Board may use the United States mail in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
(i) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property.
(j) Compensation of Members.--Each member of the Board 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 Board. All members of the Board 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.
(k) Travel Expenses.--The members of the Board 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 Board.
(l) Staff.--(1) The Chairman of the Board 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 Board to perform its duties. The employment of
an executive director shall be subject to confirmation by the Board.
(2) The Chairman of the Board may fix the compensation of the
executive director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(m) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(n) Procurement of Temporary and Intermittent Services.--The
Chairman of the Board 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.
(o) Report.--No later than 90 days after the completion of the
demonstration program under section 3, the Board shall submit a report
to Congress and the Administrator that--
(1) shall make recommendations to the Administrator on
actions needed to further facilitate the acquisition and use of
resource efficient materials in Federal construction;
(2) shall make recommendations to the Administrator on
actions needed to minimize the generation of solid waste in the
construction of Federal buildings and facilities;
(3) shall evaluate the implementation and effectiveness of
the demonstration program; and
(4) shall include any dissenting minority views.
(p) Termination.--The Board shall cease to exist within 1 year
after the submission of its report under subsection (o).
SEC. 6. GUIDELINES TO FEDERAL AGENCIES.
(a) In General.--No later than 1 year after the date on which the
Resource Efficient Building Material Advisory Board submits its report
under section 5(o), the Administrator shall, after consultation with
the Administrator of the Environmental Protection Agency, promulgate
regulations containing guidelines to Federal agencies on minimizing the
creation of solid waste and on maximizing the use of resource efficient
building materials in the construction of Federal buildings. Such
regulations shall include--
(1) a requirement that bids for Federal contracts for the
construction of Federal buildings include a plan for minimizing
the generation of solid waste and for maximizing the use of
resource efficient building materials in such construction; and
(2) standards for an acceptable plan that satisfies the
requirement under paragraph (1).
(b) Recommendations.--The Administrator shall consider each
recommendation of the Resource Efficient Building Material Advisory
Board in implementing subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for fiscal year
1994, $7,000,000 for fiscal year 1995, and $8,000,000 for fiscal year
1996 to carry out the purposes of this Act. | Federal Resource Efficient Building Materials Act of 1993 - Requires the Administrator of General Services to establish a three-year pilot program to demonstrate the acquisition and use of resource efficient building materials in Federal facilities and buildings.
Directs the Administrator, in the selection of such materials, to use the criteria of: (1) maximizing the conservation and preservation of natural resources; (2) ensuring that such materials are similar in quality and durability and are cost competitive to comparable, more conventional materials; (3) meeting appropriate environmental, public health, and safety standards; and (4) meeting appropriate energy efficiency standards.
Establishes the Resource Efficient Building Material Advisory Board to advise and make recommendations to the Administrator concerning developments and uses of resource efficient building materials in Federal construction and the minimization of solid waste generation in such construction.
Authorizes appropriations. | {"src": "billsum_train", "title": "Federal Resource Efficient Building Materials Act of 1993"} | 2,114 | 173 | 0.698206 | 1.804644 | 0.979381 | 4.429448 | 12.423313 | 0.944785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NASA and JPL 50th Anniversary
Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the 50th anniversary of the
establishment of the National Aeronautics and Space Administration and
the Jet Propulsion Laboratory, the Secretary of the Treasury (hereafter
in this Act referred to as the ``Secretary) shall mint and issue the
following coins:
(1) $50 gold coins.--Not more than 50,000 $50 gold coins
which shall--
(A) weigh 33.931 grams;
(B) have a diameter of 32.7 millimeters; and
(C) contain 1 troy ounce of fine gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins of
each of the 9 designs specified in section 3(a)(3)(B), which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(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.
(d) Mintage Level Limit.--Notwithstanding the mintage level limit
described under section 5112(m)(2)(A)(ii) of title 31, United States
Code, the Secretary of the Treasury may mint and issue not more than
400,000 of each of the 9 $1 coins authorized to be minted under this
Act.
SEC. 3. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the 50 years of exemplary and
unparalleled achievements of the National Aeronautics and Space
Administration and the Jet Propulsion Laboratory.
(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 ``2008''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum'', and such other inscriptions as the
Secretary may determine to be appropriate for the
designs of the coins.
(3) Coin images.--
(A) $50 coins.--
(i) Obverse.--The obverse of the $50 coins
issued under this Act shall bear an image of
the sun.
(ii) Reverse.--The reverse of the $50 coins
issued under this Act shall bear a design
emblematic of the sacrifice of the United
States astronauts who lost their lives in the
line of duty over the course of the space
program.
(iii) Edge.--The edge of the $50 coins
issued under this Act shall bear the names and
dates of the spacecraft missions on which
United States astronauts lost their lives over
the course of the space program.
(iv) High relief.--The design and
inscriptions on the obverse and reverse of the
$50 coins issued under this Act shall be in
high relief.
(B) $1 coins.--
(i) Obverse.--The obverse of the $1 coins
issued under this Act shall bear 9 different
designs each of which shall consist of an image
of 1 of the 9 planets of the solar system,
including Earth.
(ii) Reverse.--The reverse of the $1 coins
issued under this Act shall bear different
designs each of which shall be emblematic of
discoveries and missions of the Jet Propulsion
Laboratory to the planet depicted on the
obverse of the coin, subject to the following
requirements:
(I) Earth coin.--The reverse of the
$1 coins issued under this Act which
bear an image of the Earth on the
obverse shall bear images emblematic
of, and honoring, the discoveries and
missions of the National Aeronautics
and Space Administration, the Mercury,
Gemini and Space Shuttle missions and
other manned Earth-orbiting missions,
and the Apollo missions to the Moon.
(II) Jupiter coin.--The reverse of
the $1 coins issued under this Act
which bear an image of the planet
Jupiter on the obverse shall include a
scientifically accurate depiction of
the Galilean moon Europa and depict
both a past and future mission to
Europa.
(III) Saturn coin.--The reverse of
the $1 coins issued under this Act
which bear an image of the planet
Saturn on the obverse shall include a
scientifically accurate depiction of
the moon Titan and depict both a past
and a future mission to Titan.
(IV) Pluto coin.--The reverse of
the $1 coins issued under this Act
which bear an image of the planet Pluto
on the obverse shall include a design
that is emblematic of telescopic
exploration of deep space by the
National Aeronautics and Space
Administration and the ongoing search
for Earth-like planets orbiting other
stars.
(iii) Edge.--It is the sense of the
Congress that, to the extent practicable, the
edge of each $1 coin should bear the names and
dates or range of dates of missions or mission
types to the planet depicted on the obverse.
(4) Realistic and scientifically accurate depictions.--The
images for the designs of coins issued under this Act shall be
selected on the basis of the realism and scientific accuracy of
the images and on the extent to which the images are
reminiscent of the dramatic and beautiful artwork on coins of
the so-called ``Golden Age of Coinage'' in the United States,
at the beginning of the Twentieth Century, with the
participation of such noted sculptors and medallic artists as
James Earle Fraser, Augustus Saint-Gaudens, Victor David
Brenner, Adolph A. Weinman, Charles E. Barber, and George T.
Morgan.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Administrator of the National Aeronautics and Space
Administration, the Director of the Jet Propulsion Laboratory,
and the Commission of Fine Arts; and
(2) reviewed by the Citizens Coin Advisory Committee.
SEC. 4. SYMBOLIC INCLUSION OF METALS THAT HAVE FLOWN IN SPACE.
(a) Collection.--Each Federal agency and instrumentality of the
United States, including the Department of Defense, the Smithsonian
Institution, the National Aeronautics and Space Administration, and the
Jet Propulsion Laboratory, that has in its possession any craft, or any
part of a craft, that flew in space shall--
(1) retrieve such gold, silver, copper, and other metals
that the Director of the United States Mint determines are
appropriate for use in the production of any coins under this
Act, from such craft or part, that can be retrieved without
harming any such craft or part that may be of continuing use
for its original purpose or for research, or whose preservation
is appropriate for historical purposes; and
(2) deposit such metals so retrieved with the Director of
the United States Mint.
(b) Use of Metals in Production of Coins.--Any metals deposited
with the Director of the United States Mint under subsection (a) shall
be used in the production of the coins struck under this Act by
blending such metals with other metal necessary for the production of
such coins so that all of the coins produced under this Act will
contain some proportion of the bullion obtained from craft or parts of
crafts that flew in space in an amount appropriate for the types and
denominations of the coins and the amount of metals so deposited.
(c) Recordkeeping.--It is the sense of the Congress that each
Federal agency and instrumentality of the United States which retrieves
any metals in accordance with subsection (a) should maintain accurate
and complete records of the retrieval and deposit of any such metals
sufficient to allow the Director of the United States Mint--
(1) to provide certificates of authenticity with coins
issued under this Act that some proportion of the contents of
such coins were obtained from craft or parts of crafts that
flew in space; and
(2) to package with each issued coin a list of the missions
in which such craft flew in space.
(d) Private Spacecraft.--
(1) In general.--Each Federal agency and instrumentality of
the United States that has or continues to conduct space-
related missions shall, in addition to the efforts described in
subsection (a), make efforts to secure and retrieve from
privately-held craft that has flown in space such gold, silver,
copper and other metals that the Director of the United States
Mint determines are appropriate for use in the production of
any coins under this Act.
(2) Recordkeeping.--It is the sense of the Congress that
each Federal agency and instrumentality of the United States
which retrieves any metals pursuant to paragraph (1) from
privately-held craft that has flown in space should comply with
the recordkeeping procedures described in subsection (c) with
respect to such metal.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in proof quality only.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2008.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2008.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
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) 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.
(c) Presentation.--In addition to the issuance of coins under this
Act in such other methods of presentation as the Secretary of the
Treasury determines to be appropriate, the Secretary shall provide, as
a sale option, a presentation case which displays the $50 gold coin in
the center surrounded by the $1 silver coins in an elliptical orbit.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $50 per coin for the $50 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly distributed as follows:
(1) The first $1,000,000 available for distribution under
this section, to the NASA Family Assistance Fund for the
purposes of providing need-based financial assistance to the
families of NASA personnel who die as a result of injuries
suffered in the performance of their official duties.
(2) Of amounts available for distribution after the payment
under paragraph (1), \1/2\ to the Secretary of the Smithsonian
Institution for the preservation, maintenance, and display of
space artifacts at the National Air and Space Museum (including
the Steven F. Udvar-Hazy Center).
(3) Of amounts available for distribution after the payment
under paragraph (1)--
(A) \1/4\ to the Secretary of the Smithsonian
Institution for the preservation, maintenance, and
display of the National Numismatics Collection; and
(B) \1/4\ to the National Numismatic Preservation
Foundation for the preservation, maintenance, and
display of numismatic collectibles.
(c) Audits.--The NASA Family Assistance Fund and the Secretary of
the Smithsonian Institution shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code, with regard to
the amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. BRONZE DUPLICATES.
The Secretary may strike and sell bronze duplicates of the $50 gold
coins authorized under this Act, at a price the Secretary determines to
be appropriate. | NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) 50 dollar gold coins; and (2) one dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL.
Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other metals that are appropriate for use in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint.
Directs each federal agency and U.S. instrumentality that has or continues to conduct space-related missions to make efforts to secure and retrieve from privately-held craft flown in space such gold, silver, copper, and other metals that the Director determines are appropriate for use in the production of any coins under this Act.
Authorizes the Secretary of the Treasury to strike and sell bonze duplicates of the $50 gold coins authorized under this Act. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory."} | 2,965 | 270 | 0.620281 | 1.787349 | 0.825511 | 4.970954 | 11.095436 | 0.954357 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arabia Mountain National Heritage
Area Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Arabia Mountain area contains a variety of natural,
cultural, historical, scenic, and recreational resources that
together represent distinctive aspects of the heritage of the
United States that are worthy of recognition, conservation,
interpretation, and continuing use.
(2) The best methods for managing the resources of the
Arabia Mountain area would be through partnerships between
public and private entities that combine diverse resources and
active communities.
(3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
park in DeKalb County, Georgia--
(A) protects granite outcrop ecosystems, wetland,
and pine and oak forests; and
(B) includes federally-protected plant species.
(4) Panola Mountain, a national natural landmark, located
in the 860-acre Panola Mountain State Conservation Park, is a
rare example of a pristine granite outcrop.
(5) The archaeological site at Miners Creek Preserve along
the South River contains documented evidence of early human
activity.
(6) The city of Lithonia, Georgia, and related sites of
Arabia Mountain and Stone Mountain possess sites that display
the history of granite mining as an industry and culture in
Georgia, and the impact of that industry on the United States.
(7) The community of Klondike is eligible for designation
as a National Historic District.
(8) The city of Lithonia has 2 structures listed on the
National Register of Historic Places.
(b) Purposes.--The purposes of this Act are as follows:
(1) To recognize, preserve, promote, interpret, and make
available for the benefit of the public the natural, cultural,
historical, scenic, and recreational resources in the area that
includes Arabia Mountain, Panola Mountain, Miners Creek, and
other significant sites and communities.
(2) To assist the State of Georgia and the counties of
DeKalb, Rockdale, and Henry in the State in developing and
implementing an integrated cultural, historical, and land
resource management program to protect, enhance, and interpret
the significant resources within the heritage area.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Heritage area.--The term ``heritage area'' means the
Arabia Mountain National Heritage Area established by section
4.
(2) Management entity.--The term ``management entity''
means the Arabia Mountain Heritage Area Alliance or a successor
of the Arabia Mountain Heritage Area Alliance.
(3) Management plan.--The term ``management plan'' means
the management plan for the heritage area developed under
section 6.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Georgia.
SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
(b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``Arabia Mountain National
Heritage Area'', numbered AMNHA/80,000, and dated October, 2003.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
(d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.
SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.
(a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, political subdivisions of the State, and
private organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--
(1) Management plan.--
(A) In general.--The management entity shall
develop and submit to the Secretary the management
plan.
(B) Considerations.--In developing and implementing
the management plan, the management entity shall
consider the interests of diverse governmental,
business, and nonprofit groups within the heritage
area.
(2) Priorities.--The management entity shall give priority
to implementing actions described in the management plan,
including assisting units of government and nonprofit
organizations in preserving resources within the heritage area.
(3) Public meetings.--The management entity shall conduct
public meetings at least quarterly on the implementation of the
management plan.
(4) Annual report.--For any year in which Federal funds
have been made available under this Act, the management entity
shall submit to the Secretary an annual report that describes
the following:
(A) The accomplishments of the management entity.
(B) The expenses and income of the management
entity.
(5) Audit.--The management entity shall--
(A) make available to the Secretary for audit all
records relating to the expenditure of Federal funds
and any matching funds; and
(B) require, with respect to all agreements
authorizing expenditure of Federal funds by other
organizations, that the receiving organizations make
available to the Secretary for audit all records
concerning the expenditure of those funds.
(c) Use of Federal Funds.--
(1) In general.--The management entity shall not use
Federal funds made available under this Act to acquire real
property or an interest in real property.
(2) Other sources.--Nothing in this Act precludes the
management entity from using Federal funds made available under
other Federal laws for any purpose for which the funds are
authorized to be used.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
(b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
(c) Consideration of Other Plans and Actions.--The management plan
shall--
(1) take into consideration State and local plans; and
(2) involve residents, public agencies, and private
organizations in the heritage area.
(d) Requirements.--The management plan shall include the following:
(1) An inventory of the resources in the heritage area,
including--
(A) a list of property in the heritage area that--
(i) relates to the purposes of the heritage
area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
heritage area.
(2) Provisions for the protection, interpretation, and
enjoyment of the resources of the heritage area consistent with
the purposes of this Act.
(3) An interpretation plan for the heritage area.
(4) A program for implementation of the management plan
that includes--
(A) actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the heritage
area; and
(B) the identification of existing and potential
sources of funding for implementing the plan.
(5) A description and evaluation of the management entity,
including the membership and organizational structure of the
management entity.
(e) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the management entity shall submit
the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until such date as a management plan for
the heritage area is submitted to the Secretary.
(f) Approval and Disapproval of Management Plan.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (e), the Secretary,
in consultation with the State, shall approve or disapprove the
management plan.
(2) Action following disapproval.--
(A) Revision.--If the Secretary disapproves a
management plan submitted under paragraph (1), the
Secretary shall--
(i) advise the management entity in writing
of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the management entity to submit
to the Secretary revisions to the management
plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(g) Revision of Management Plan.--
(1) In general.--After approval by the Secretary of a
management plan, the management entity shall periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations of the
management entity for any revisions to the management
plan that the management entity considers to be
appropriate.
(2) Expenditure of funds.--No funds made available under
this Act shall be used to implement any revision proposed by
the management entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.
(a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
(b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate--
(1) the conservation of the significant natural, cultural,
historical, scenic, and recreational resources that support the
purposes of the heritage area; and
(2) the provision of educational, interpretive, and
recreational opportunities that are consistent with the
resources and associated values of the heritage area.
SEC. 8. EFFECT ON CERTAIN AUTHORITY.
(a) Occupational, Safety, Conservation, and Environmental
Regulation.--Nothing in this Act--
(1) imposes an occupational, safety, conservation, or
environmental regulation on the heritage area that is more
stringent than the regulations that would be applicable to the
land described in section 4(b) but for the establishment of the
heritage area by section 4; or
(2) authorizes a Federal agency to promulgate an
occupational, safety, conservation, or environmental regulation
for the heritage area that is more stringent than the
regulations applicable to the land described in section 4(b) as
of the date of enactment of this Act, solely as a result of the
establishment of the heritage area by section 4.
(b) Land Use Regulation.--Nothing in this Act--
(1) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act; or
(2) grants powers of zoning or land use to the management
entity.
SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
(c) Recognition of Authority To Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
(e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this Act may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, to remain available until expended, of which
not more than $1,000,000 may be used in any fiscal year.
(b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this Act shall
not exceed 50 percent.
SEC. 12. TERMINATION OF AUTHORITY.
The authority of the Secretary to make any grant or provide any
assistance under this Act shall terminate on September 30, 2016. | Arabia Mountain National Heritage Area Act - (Sec. 4) Establishes the Arabia Mountain National Heritage Area in Georgia. Designates the Arabia Mountain Heritage Area Alliance as the Area's management entity.
(Sec. 5) Provides for the Alliance to: (1) make grants to and enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and private organizations; (2) develop and submit to the Secretary a management plan for the Area; and (3) assist units of government and nonprofit organizations in preserving resources within the Area.
Requires the Alliance, for any year in which Federal funds have been made available under this Act, to submit to the Secretary of the Interior annual reports on its accomplishments, expenses, and income.
Instructs the Alliance to: (1) make available to the Secretary for audit all records relating to the expenditure of Federal funds and any matching funds; and (2) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the receiving organizations make available to the Secretary for audit all records concerning the expenditure of those funds.
Prohibits the Alliance from using Federal funds made available under this Act to acquire real property or an interest in real property.
(Sec. 6) Requires the management plan to provide for the protection, enhancement, and interpretation of the natural, cultural, historical, scenic, and recreational resources of the Area. Requires that the plan be based on the preferred concept in the document entitled "Arabia Mountain National Heritage Area Feasibility Study" (February 28, 2001).
Provides that if a management plan is not submitted to the Secretary for approval within three years, the Secretary shall not provide any additional funding under this Act until such a plan is submitted to the Secretary.
Directs the Secretary to approve or disapprove the management plan, and if the plan is disapproved, to make recommendations for revisions to such plan and to allow the Alliance to submit revisions to that plan. Requires the Alliance to periodically review the plan and to submit for review and approval its recommendations for any revisions that it considers to be appropriate. Prohibits the use of any funds made available under this Act to implement any revision proposed by the Alliance until such revision is approved by the Secretary.
(Sec. 7) Authorizes the Secretary to provide financial and technical assistance to the Area to develop and implement the plan, upon request by the Alliance.
(Sec. 8) Prohibits anything in this Act from: (1) imposing an occupational, safety, conservation, or environmental regulation on the Area that is more stringent than the regulations that would be applicable to the Area, but for the Area's establishment; or (2) authorizing a Federal agency to promulgate such a regulation for the Area that is more stringent than the regulations applicable to the Area solely as a result of the Area's establishment.
Prohibits anything in this Act: (1) modifying, enlarging, or diminishing any existing authority of the Federal Government or a State or local government to regulate any use of land as provided for by law (including regulations); or (2) granting zoning or land use powers to the Alliance.
(Sec. 9) Prohibits the preservation, conservation, or promotion of any privately owned property by the management plan until the owner has been notified in writing by the Alliance and has given written consent. Allows owners of private property included within the boundary of the Area to request that their property be immediately removed.
(Sec. 10) Prohibits anything in this Act from being construed to: (1) require any private property owner to allow public access (including Federal, State, or local government access) to such private property or modify any provision of Federal, State, or local law with regard to public access to or use of private property; (2) modify the authority of Federal, State, or local governments to regulate land use; and (3) require the owner of any private property located within the Area's boundaries to participate in or be associated with the Area.
Declares that the boundaries designated for the Area represent the area within which Federal funds appropriated for this Act may be expended and that the establishment of the Area and its boundaries shall not be construed to provide any nonexistent regulatory authority on land use within the Area or its viewshed by the Secretary, the National Park Service, or the Alliance.
(Sec. 11) Authorizes appropriations. Limits the Federal share of the cost of projects or activities carried out using funds made available under this Act to 50 percent.
(Sec. 12) Terminates grants or assistance for the Area on September 30, 2016. | {"src": "billsum_train", "title": "To establish the Arabia Mountain National Heritage Area in the State of Georgia, and for other purposes."} | 3,048 | 996 | 0.549821 | 2.064736 | 0.727021 | 4.600877 | 3.132675 | 0.945175 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Bay Shipping and
Fisheries Enhancement Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) San Francisco Bay is a vital environmental, industrial,
and recreational resource to the San Francisco Bay area and to
the Nation.
(2) Over 800 tank vessels enter San Francisco Bay each
year, carrying hundreds of millions of gallons of oil and other
hazardous substances.
(3) The small oil spill of October 28, 1996, showed that
current safeguards against oil pollution are inadequate, and
that even small oil spills in San Francisco Bay are both costly
to mitigate and harmful to the environment, including fish,
mammals, and birds.
(4) Because of the bathymetry of San Francisco Bay, the
Coast Guard has been unable to make needed improvements in the
routing of tankers and other deep draft vessels.
(5) The presence of multiple underwater hazards less than
40 feet below the surface and in close proximity to shipping
lanes, combined with increased traffic of tankers with drafts
in excess of 45 feet, significantly increase the likelihood of
collisions that would result in the release of substantial
amounts of oil or other hazardous substances, severely damaging
both the economy and the environment of the San Francisco Bay
area.
(6) Removing hazards to navigation to allow greater
separation of vessels carrying oil or other hazardous
substances is a simple and economical step that can be taken to
reduce substantially the risk of oil pollution, improve the
safety of navigation, and reduce threats to the fish, wildlife,
and environment of San Francisco Bay.
SEC. 3. NAVIGATIONAL IMPROVEMENTS.
(a) In General.--The Secretary of the Army shall develop and carry
out in accordance with this section a navigation project in San
Francisco Bay, California, to remove underwater hazards to navigation
in the vicinity of Alcatraz Island.
(b) Rerouting of Vessel Traffic.--The Secretary shall design the
navigation project under this section to facilitate the rerouting of
vessel traffic in San Francisco Bay to minimize the risk of an oil or
hazardous substance spill resulting from collisions between vessels or
with an underwater hazard.
(c) Minimization of Impact.--In developing and carrying out the
navigation project under this section, the Secretary shall minimize, to
the maximum extent practicable, impacts on the environment and on
commercial and recreational fisheries.
(d) Plan.--
(1) General requirement.--In consultation with appropriate
Federal, State, and local government agencies and in accordance
with applicable Federal and State environmental laws, the
Secretary shall develop a plan for implementation of the
navigation project under this section.
(2) Contents.--The plan shall include initial design and
engineering, underwater hazard removal, and, if needed,
environmental mitigation.
(3) Target dates.--
(A) Feasibility study.--The first phase of the plan
shall be completed within 1 year of the date of the
enactment of this Act and shall consist of a
feasibility study for the project described in
subsection (a). The feasibility study shall include
scoping, development of alternative designs for the
project, cost/benefit analysis, and selection of final
project design. In conducting the cost/benefit analysis
and selecting a final project design, the Secretary
shall consider the economic and environmental benefits
of oil spill aversion reasonably to be expected from
the completion of the project.
(B) Implementation.--The second phase of the plan
shall be completed not later than 3 years after the
date of the enactment of this Act and shall consist of
underwater hazard removal, transportation, and disposal
of the removed material in accordance with the final
project design.
(C) Mitigation and monitoring.--The final phase of
the plan shall consist of any mitigation needed due to
environmental impacts, and environmental monitoring of
removal, disposal, and mitigation sites (if different
from the disposal site or sites), shall commence as
soon as is practicable after the completion of the
implementation phase, and shall continue for not less
than 5 years thereafter.
(e) Non-Federal Participation.--The non-Federal share of the cost
of developing and carrying out the project under this section shall be
25 percent.
(f) Reports to Congress.--Not later than the last day of each of
the time periods referred to in subsection (d)(3), the Secretary shall
report to Congress on the progress being made toward development and
implementation of the project under this section.
SEC. 4. MODIFICATION OF NAVIGATION LANES.
The Commandant of the Coast Guard shall modify navigation lanes and
reroute vessel traffic after the completion of the second phase of the
navigation project required by section 3 to improve the safety and
efficiency of vessel traffic in San Francisco Bay, California. In
carrying out this section, the Commandant shall develop a vessel
routing program that minimizes the risk of an oil or hazardous
substance spill in San Francisco Bay.
SEC. 5. OIL SPILL RISK ASSESSMENT.
(a) Survey.--In consultation with the Federal Maritime
Administration, the Commandant of the Coast Guard shall survey vessels
owned by, or operated under contract for, the Federal Maritime
Administration for risks for oil spills or other hazards to human
health or the environment.
(b) Standards and Procedures.--In surveying vessels under this
section, the Commandant shall use the same standards and procedures as
are used in inspecting similarly situated private vessels.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commandant shall submit to Congress and the
Administrator of the Federal Maritime Administration a report
describing any oil spill risks determined in the survey conducted under
this section and making recommendations for corrective actions for such
risks, including estimates of the costs of those actions.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
For fiscal years beginning after September 30, 1997, there are
authorized to be appropriated to the Secretary of the Army and the
Commandant of the Coast Guard such sums as may be necessary to carry
out their respective duties under this Act. Such sums shall remain
available until expended. | San Francisco Bay Shipping and Fisheries Enhancement Act of 1997 - Requires: (1) a navigation project in San Francisco Bay, California, to remove underwater hazards to navigation near Alcatraz Island; (2) modification of navigation lanes and rerouting of vessel traffic to improve safety and efficiency; and (3) a survey of vessels owned by, or operated under contract for, the Maritime Administration for risks for oil spills or other hazards to human health or the environment. Authorizes appropriations. | {"src": "billsum_train", "title": "San Francisco Bay Shipping and Fisheries Enhancement Act of 1997"} | 1,316 | 107 | 0.599685 | 1.599928 | 0.865501 | 5.37234 | 13.255319 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Graduate Medical Education Equity
Act''.
SEC. 2. PAYMENT AMOUNT FOR DIRECT GRADUATE MEDICAL EDUCATION COSTS FOR
CERTAIN HOSPITALS.
Section 1886(h)(3) of the Social Security Act (42 U.S.C.
1395ww(h)(3)) is amended--
(1) in subparagraph (A), by striking ``The payment'' and
inserting ``Subject to subparagraph (E), the payment''; and
(2) by adding at the end the following new subparagraph:
``(E) Payment amount for certain hospitals.--
``(i) In general.--Beginning on or after
the date of enactment of this subparagraph, the
payment amount for a qualified hospital (as
defined in clause (ii)) for the hospital's cost
reporting period beginning during the fiscal
year that immediately follows the date on which
the qualified hospital submits a letter of
intent described in clause (iv) is equal to the
product of--
``(I) the aggregate approved amount
(as defined in subparagraph (B)) for
that period, and
``(II) the hospital's Medicaid
inpatient utilization rate (as defined
in section 1923(b)(2)) for that period.
``(ii) Qualified hospital defined.--In this
subparagraph, the term `qualified hospital'
means, with respect to a hospital cost
reporting period, a hospital that--
``(I) is determined by the
Secretary to meet the requirements
described in clause (iii) for the
preceding hospital cost reporting
period; and
``(II) submits to the Secretary a
letter of intent described in clause
(iv) as part of its annual cost report
for such preceding period.
``(iii) Requirements described.--With
respect to a qualified hospital, the following
requirements are described in this clause:
``(I) The hospital has a
participation agreement under this
title.
``(II) The hospital has an approved
medical residency training program (as
defined in paragraph (5)(A)).
``(III) With respect to the
hospital cost reporting period
involved, the aggregate Medicare fee-
for-service and managed care inpatient
load of the hospital does not exceed 10
percent of the total inpatient days of
the hospital.
``(IV) With respect to such period,
the hospital does not receive payments
for graduate medical education under
either of the following:
``(aa) A State plan under
title XIX.
``(bb) The Children's
Hospitals Graduate Medical
Education Payment Program under
section 340E of the Public
Health Service Act.
``(iv) Letter of intent described.--Not
later than 6 months after the date of enactment
of this subparagraph, the Secretary shall make
available a model letter of intent on the
Internet website of the Centers for Medicare &
Medicaid Services. Such letter shall require
the following information with respect to a
hospital for the hospital cost reporting period
involved:
``(I) A statement of intent for the
hospital to be a qualified hospital
under this subparagraph.
``(II) An attestation that the
hospital does not receive payments for
graduate medical education under a
State plan under title XIX.
``(v) Failure to meet requirements.--If a
hospital does not meet one or more of the
requirements described in clause (iii), the
Secretary shall notify the hospital in writing
not later than 60 days following the receipt of
the hospital's letter of intent.
``(vi) Ensuring no duplicate payments.--
With respect to a qualified hospital, the
payment amount under this subparagraph for a
hospital cost reporting period shall be in lieu
of any other payment amount that would
otherwise be applicable for direct graduate
medical education costs for such period under
this subsection.''. | Graduate Medical Education Equity Act This bill amends title XVIII (Medicare) of the Social Security Act to allow a qualified hospital to have its payment amount for direct graduation medical education costs calculated on the basis of its Medicaid inpatient utilization rate rather than on the basis of its Medicare patient load. | {"src": "billsum_train", "title": "Graduate Medical Education Equity Act"} | 882 | 63 | 0.528726 | 1.188095 | 0.868209 | 2.254545 | 14.6 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FAA Research, Engineering, and
Development Authorization Act of 1998''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2)(J);
(2) by striking the period at the end of paragraph (3)(J) and
inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(4) for fiscal year 1998, $226,800,000, including--
``(A) $16,379,000 for system development and infrastructure
projects and activities;
``(B) $27,089,000 for capacity and air traffic management
technology projects and activities;
``(C) $23,362,000 for communications, navigation, and
surveillance projects and activities;
``(D) $16,600,000 for weather projects and activities;
``(E) $7,854,000 for airport technology projects and
activities;
``(F) $49,202,000 for aircraft safety technology projects
and activities;
``(G) $53,759,000 for system security technology projects
and activities;
``(H) $26,550,000 for human factors and aviation medicine
projects and activities;
``(I) $2,891,000 for environment and energy projects and
activities; and
``(J) $3,114,000 for innovative/cooperative research
projects and activities; and
``(5) for fiscal year 1999, $229,673,000.''.
SEC. 3. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS.
(a) Program.--Section 48102 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(h) Research Grants Program Involving Undergraduate Students.--
``(1) Establishment.--The Administrator of the Federal Aviation
Administration shall establish a program to utilize undergraduate
and technical colleges, including Historically Black Colleges and
Universities and Hispanic Serving Institutions, in research on
subjects of relevance to the Federal Aviation Administration.
Grants may be awarded under this subsection for--
``(A) research projects to be carried out at primarily
undergraduate institutions and technical colleges;
``(B) research projects that combine research at primarily
undergraduate institutions and technical colleges with other
research supported by the Federal Aviation Administration; or
``(C) research on future training requirements on projected
changes in regulatory requirements for aircraft maintenance and
power plant licensees.
``(2) Notice of criteria.--Within 6 months after the date of
the enactment of the FAA Research, Engineering, and Development
Authorization Act of 1998, the Administrator of the Federal
Aviation Administration shall establish and publish in the Federal
Register criteria for the submittal of proposals for a grant under
this subsection, and for the awarding of such grants.
``(3) Principal criteria.--The principal criteria for the
awarding of grants under this subsection shall be--
``(A) the relevance of the proposed research to technical
research needs identified by the Federal Aviation
Administration;
``(B) the scientific and technical merit of the proposed
research; and
``(C) the potential for participation by undergraduate
students in the proposed research.
``(4) Competitive, merit-based evaluation.--Grants shall be
awarded under this subsection on the basis of evaluation of
proposals through a competitive, merit-based process.''.
(b) Authorization of Appropriations.--Section 48102(a) of title 49,
United States Code, as amended by this Act, is further amended by
inserting ``, of which $750,000 shall be for carrying out the grant
program established under subsection (h)'' after ``projects and
activities'' in paragraph (4)(J).
SEC. 4. NOTICES.
(a) Reprogramming.--If any funds authorized by the amendments made
by this Act are subject to a reprogramming action that requires notice
to be provided to the Appropriations Committees of the House of
Representatives and the Senate, notice of such action shall
concurrently be provided to the Committees on Science and
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
(b) Notice of Reorganization.--The Administrator of the Federal
Aviation Administration shall provide notice to the Committees on
Science, Transportation and Infrastructure, and Appropriations of the
House of Representatives, and the Committees on Commerce, Science, and
Transportation and Appropriations of the Senate, not later than 30 days
before any major reorganization (as determined by the Administrator) of
any program of the Federal Aviation Administration for which funds are
authorized by this Act.
SEC. 5. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of Congress
that the Federal Aviation Administration should--
(1) give high priority to correcting all 2-digit date-related
problems in its computer systems to ensure that those systems
continue to operate effectively in the year 2000 and beyond;
(2) assess immediately the extent of the risk to the operations
of the Federal Aviation Administration posed by the problems
referred to in paragraph (1), and plan and budget for achieving
Year 2000 compliance for all of its mission-critical systems; and
(3) develop contingency plans for those systems that the
Federal Aviation Administration is unable to correct in time.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | FAA Research, Engineering, and Development Authorization Act of 1997 - Amends Federal transportation law to authorize FY 1998 and 1999 appropriations for specified aviation programs. Directs the Administrator of the Federal Aviation Administration (FAA) to establish a grant program to utilize undergraduate and technical colleges, including historically black colleges and Hispanic serving institutions, in research on subjects of relevance to the FAA. Sets forth criteria for the award of such grants. Authorizes appropriations for such grants. Requires the Administrator to provide notice to specified congressional committees no later than 30 days before any major reorganization of any FAA program for which funds are authorized by this Act. Expresses the sense of the Congress that the FAA should: (1) give priority to correcting all two-digit date-related problems in its computer systems to ensure its continued operation in the year 2000 and beyond; and (2) develop contingency plans for FAA systems it is unable to correct in time. | {"src": "billsum_train", "title": "FAA Research, Engineering, and Development Authorization Act of 1998"} | 1,209 | 209 | 0.534749 | 1.482685 | 0.968174 | 3.611111 | 6.222222 | 0.877778 |
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