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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Medical Treatment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advertising claim.--The term ``advertising claim''
means any representation made or suggested by statement, word,
design, device, sound, or any combination thereof with respect
to a medical treatment.
(2) Danger.--The term ``danger'' means an adverse reaction
to an unapproved drug or medical device that, when used as
directed--
(A) causes serious harm;
(B) occurred as a result of the medical treatment;
(C) would not otherwise have occurred; and
(D) is more serious than reactions experienced with
routinely used medical treatments approved by the Food
and Drug Administration for the same medical condition
or conditions.
(3) Device.--The term ``device'' has the meaning given such
term in section 201(h) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(h)).
(4) Drug.--The term ``drug'' has the meaning given such
term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321 (g)(1)).
(5) Food.--The term ``food''--
(A) has the meaning given such term in section
201(f) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(f)); and
(B) includes a dietary supplement as defined in
section 201(ff) of such Act.
(6) Health care practitioner.--The term ``health care
practitioner'' means a physician or other individual who is
legally authorized to provide health care services in the State
in which the services are provided.
(7) Interstate commerce.--The term ``interstate commerce''
means commerce between any State or territory and any place
outside thereof, and commerce within the District of Columbia
or within any other territory not organized with a legislative
body.
(8) Label.--The term ``label'' has the meaning given such
term in section 201(k) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(k)).
(9) Labeling.--The term ``labeling'' has the meaning given
such term in section 201(m) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(m)).
(10) Legal representative.--The term ``legal
representative'' means a parent or an individual who qualifies
as a legal guardian under applicable State law.
(11) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)).
(12) Medical treatment.--The term ``medical treatment''
means any food, drug, device, or procedure that is used and
intended as a cure, mitigation, treatment, or prevention of
disease or a health condition.
(13) Patient.--The term ``patient'' means any individual
who seeks medical treatment from a health care practitioner for
a disease or health condition.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Seller.--The term ``seller'' means an individual or
organization that receives payment related to the medical
treatment of a patient of a health practitioner, except that
this term does not apply to a health care practitioner who
receives payment from an individual or representative of such
individual for the administration of a medical treatment to
such individual.
(16) Unapproved drug or medical device.--The term
``unapproved drug or medical device'' with respect to a drug or
medical device, means a drug or medical device that is not
approved or authorized for manufacture, sale, and distribution
in interstate commerce under section 505, 513, or 515 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C 355, 360c, and
360(e)) or under section 351 of the Public Health Service Act
(42 U.S.C. 262).
SEC. 3. ACCESS TO MEDICAL TREATMENT.
(a) In General.--Notwithstanding any other provision of law, and
except as provided in subsection (b), an individual shall have the
right to be treated by a health care practitioner with any medical
treatment (including a medical treatment that is not approved,
certified, or licensed by the Secretary) that such individual desires,
or that the legal representative of such individual authorizes, if--
(1) such practitioner has personally examined such
individual and agrees to provide treatment to such individual;
(2) the administration of such treatment does not violate
applicable licensing laws and is within the scope of the
practice of such practitioner;
(3) the health care practitioner complies with the
requirements of subsection (b); and
(4) it is a medical treatment that has not been approved,
certified, or licensed by the Secretary, or is any medical
treatment that has been approved by the designated governmental
agency for a member country of the European Union or the
European Free Trade Association, Canada, Australia, New
Zealand, or Japan but not otherwise approved, certified, or
licensed by the Secretary.
(b) Medical Treatment Requirements.--
(1) In general.--A health care practitioner may provide the
medical treatment requested by an individual described in
subsection (a) if--
(A) there is no reason for the practitioner to
conclude that, based on generally accepted principles
and current information, the medical treatment
requested, when used or provided as directed, will
cause danger to the patient;
(B) in the case of an individual whose treatment is
the administration of a food, drug, or device that has
to be approved, certified, or licensed by the
Secretary, but has not been so approved, certified, or
licensed--
(i) such individual has been informed in
writing that such food, drug, or device has not
been approved, certified, or licensed by the
Secretary for use as a medical treatment of the
medical condition of such individual; and
(ii) prior to the administration of such
treatment, the practitioner has provided the
patient a written statement, which shall become
part of the medical record of the patient, that
includes the following provision: ``WARNING:
This food, drug, or device has not been
declared to be safe and effective by the
Federal Government and any individual who uses
such food, drug, or device does so at his or
her own risk.'';
(C) such individual has been informed in writing of
the nature of the medical treatment, including--
(i) the contents and methods of such
treatment;
(ii) the anticipated benefits of such
treatment;
(iii) any reasonably foreseeable side
effects that may result from such treatment;
(iv) the results of past application of
such treatment by the health care practitioner
and others; and
(v) any other information necessary to
fully meet the requirements for informed
consent of human subjects prescribed by
regulations issued by the Food and Drug
Administration;
(D) except as provided in subsection (c), there
have been no advertising claims made with respect to
the efficacy of the medical treatment by the
practitioner, manufacturer, or distributor;
(E) the label or labeling of any food, drug, or
device that is a part of the requested medical
treatment is not false or misleading;
(F) such individual--
(i) has been provided with a written
statement that such individual has been fully
informed with respect to the information
described in subparagraphs (A) through (D);
(ii) desires such treatment; and
(iii) signs such statement; and
(G) the health care practitioner provides the
patient with a recommendation for the treatment
involved under circumstances that give the patient
sufficient opportunity to consider whether or not to
use such treatment.
(2) Burden of proof.--In any proceeding relating to the
enforcement of paragraph (1)(E) with respect to the label of a
drug, device, or food used in medical treatment covered under
this subsection, the provisions of section 403B(c) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-2(c)) shall
apply with respect to establishing the burden of proof that
such label is false or misleading.
(3) Rule of construction.--Nothing in this section shall be
construed to require informed consent for the prescription of
dietary supplements and foods not requiring such informed
consent prior to the date of the enactment of this Act.
(c) Claim Exceptions.--
(1) Reporting by a health care practitioner.--Subsection
(b)(1)(D) shall not apply to an accurate and truthful reporting
by a health care practitioner of the results of the
practitioner's administration of a medical treatment in
recognized journals, at seminars, conventions, or similar
meetings, or to others, so long as the reporting practitioner
has no direct or indirect financial interest in the reporting
of the material and has received no financial benefits of any
kind from the manufacturer, distributor, or other seller for
such reporting. Such reporting may not be used by a
manufacturer, distributor, or other seller to advance the sale
of such treatment.
(2) Statements by a practitioner to a patient.--Subsection
(b)(1)(D) shall not apply to any statement made by a health
care practitioner directly to a patient or prospective patient.
A health care practitioner shall not be held liable for any
advertising claims made by others unless the practitioner is a
party in the dissemination of the information in such claims.
(3) Dietary supplements statement.--Subsection (b)(1)(D)
shall not apply to statements or claims permitted under
sections 403B and 403(r)(6) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343-2 and 343(r)(6)).
SEC. 4. REPORTING OF A DANGEROUS MEDICAL TREATMENT.
(a) Health Care Practitioner.--If a health care practitioner, after
administering a medical treatment, discovers that the treatment itself
was a danger to the individual receiving such treatment, the
practitioner shall--
(1) immediately cease the use of such treatment;
(2) refrain from recommending the use of any unapproved
drug or medical device that was a part of such treatment;
(3) report to the manufacturer and the Director of the
Centers for Disease Control and Prevention--
(A) the nature of such treatment;
(B) the results of such treatment;
(C) the complete protocol of such treatment; and
(D) the source from which such treatment or any
part thereof was obtained; and
(4) include as part of the reporting under paragraph (3),
an affidavit pursuant to section 1746 of title 28, United
States Code, confirming that all statements made in the report
under such paragraph are accurate.
(b) Secretary.--Upon confirmation that a medical treatment has
proven dangerous to individuals, the Secretary shall properly
disseminate information with respect to the danger of the medical
treatment and prohibit the further use of such treatment.
SEC. 5. REPORTING OF A BENEFICIAL MEDICAL TREATMENT.
If a health care practitioner, after administering a medical
treatment that is not an approved drug or medical device for a life-
threatening medical condition or conditions, discovers that such
medical treatment has, in the opinion of the health care practitioner,
positive effects on such condition or conditions that are significantly
greater than the positive effects that are expected from an approved
medical treatment for the same condition or conditions, the
practitioner shall--
(1) make a monthly reporting to the National Center for
Complementary and Alternative Medicine at the National
Institutes of Health of--
(A) the nature of such medical treatment (which is
not a conventional medical treatment);
(B) the general results of such treatment
administered in the month involved; and
(C) the protocol of such treatment; and
(2) provide an affidavit pursuant to section 746 of title
28, United States Code, confirming that all statements made in
the monthly reporting under paragraph (1) are accurate and
truthful.
SEC. 6. TRANSPORTATION AND PRODUCTION OF FOOD, DRUGS, DEVICES, AND
OTHER EQUIPMENT.
(a) In General.--Notwithstanding any other provision of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 201 et seq.), an individual
may--
(1) introduce or deliver into interstate commerce a food,
drug, device, or any other equipment; and
(2) produce, transport, receive and hold a food, drug,
device, or any other equipment,
solely for use in accordance with this Act if there have been no
advertising claims by the manufacturer, distributor, or seller of the
food, drug, device, or equipment involved.
(b) Notification.--If an individual imports a shipment of a food,
drug, device, or any other equipment, the individual shall notify the
Secretary of any such shipment.
(c) Production of Unapproved Drugs, Devices, and Other Equipment.--
In the case of unapproved drugs, devices, or other equipment, except
those approved by a country listed in section 3(a)(4), a manufacturer
shall provide notice the Secretary of the intent of such manufacturer
to deliver the product into interstate commerce.
(d) Rule of Construction.--Nothing in this Act shall be construed
to limit or interfere with the authority of a health care practitioner
to prescribe, recommend, provide, or administer to a patient for any
medical condition or disease any unapproved drug or medical device that
is lawful under the law of the State or States in which the health care
practitioner practices.
SEC. 7. OTHER LAWS NOT AFFECTED BY THIS ACT.
Nothing in this Act shall be construed to--
(1) apply to the manufacture, distribution, possession,
administration, recommendation, prescription, or provision, or
support the use of any drug that is a controlled substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.);
(2) apply to statements or claims permitted or authorized
under sections 403 and 403B of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 343, 343-2); or
(3) in any way adversely affect the distribution or sale of
dietary supplements (as defined in section 201(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)).
SEC. 8. PENALTY.
A health care practitioner who knowingly violates any provision of
this Act shall not be covered by the protections under this Act and
shall be subject to all other applicable laws and regulations. | Access to Medical Treatment Act - Gives an individual the right to be treated by a health care practitioner with any medical treatment that the individual desires, including a treatment that is not approved, certified, or licensed by the Secretary of Health and Human Services, if: (1) the practitioner has personally examined the individual and agrees to treat the individual; and (2) the administration of such treatment does not violate licensing laws and is within the scope of the practice of such practitioner.
Authorizes health care practitioners to provide any method of treatment to such an individual if certain requirements are met, including that: (1) there is no reason to conclude that such treatment will cause danger to the individual; and (2) the patient is informed in writing that such treatment has not been approved, certified, or licensed by the Secretary. Requires a practitioner to report: (1) administering such treatment and discovering it to be a danger to an individual; and (2) the positive effects of an unconventional medical treatment for a life-threatening medical condition. Allows an individual to introduce or deliver into interstate commerce, or to produce, transport, receive, or hold, a food, drug, device, or equipment solely for use in accordance with this Act if there have been no advertising claims made by the manufacturer, distributor, or seller with respect to a medical treatment. Requires notification to the Secretary if: (1) an individual imports a shipment of a food, drug, device, or any other equipment; or (2) a manufacturer intends to deliver an unapproved drug, device, or other equipment into interstate commerce.
States that nothing in this Act shall in any way adversely affect the distribution or sale of dietary supplements. | {"src": "billsum_train", "title": "A bill to permit an individual to be treated by a health care practitioner with any method of medical treatment such individual requests, and for other purposes."} | 3,238 | 358 | 0.530919 | 1.568275 | 0.709865 | 4.823009 | 8.858407 | 0.958702 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Department of
Energy Laboratory Modernization and Technology Transfer Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
Sec. 101. Under Secretary for Science and Energy.
Sec. 102. Technology transfer assessment.
Sec. 103. Sense of Congress.
TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
Sec. 201. Agreements for Commercializing Technology pilot program.
Sec. 202. Public-private partnerships for commercialization.
Sec. 203. Inclusion of early-stage technology demonstration in
authorized technology transfer activities.
Sec. 204. Funding competitiveness for institutions of higher education
and other nonprofit institutions.
Sec. 205. Participation in the Innovation Corps program.
TITLE III--ASSESSMENT OF IMPACT
Sec. 301. Report by Government Accountability Office.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratories.--The term ``National
Laboratory'' means a Department of Energy nonmilitary national
laboratory, including--
(A) Ames Laboratory;
(B) Argonne National Laboratory;
(C) Brookhaven National Laboratory;
(D) Fermi National Accelerator Laboratory;
(E) Idaho National Laboratory;
(F) Lawrence Berkeley National Laboratory;
(G) National Energy Technology Laboratory;
(H) National Renewable Energy Laboratory;
(I) Oak Ridge National Laboratory;
(J) Pacific Northwest National Laboratory;
(K) Princeton Plasma Physics Laboratory;
(L) Savannah River National Laboratory;
(M) Stanford Linear Accelerator Center;
(N) Thomas Jefferson National Accelerator Facility;
and
(O) any laboratory operated by the National Nuclear
Security Administration, but only with respect to the
civilian energy activities thereof.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. SAVINGS CLAUSE.
Nothing in this Act or an amendment made by this Act abrogates or
otherwise affects the primary responsibilities of any National
Laboratory to the Department.
TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY
SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY.
(a) In General.--Section 202(b) of the Department of Energy
Organization Act (42 U.S.C. 7132(b)) is amended--
(1) by striking ``Under Secretary for Science'' each place
it appears and inserting ``Under Secretary for Science and
Energy''; and
(2) in paragraph (4)--
(A) in subparagraph (F), by striking ``and'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting a semicolon; and
(C) by inserting after subparagraph (G) the
following:
``(H) establish appropriate linkages between
offices under the jurisdiction of the Under Secretary;
and
``(I) perform such functions and duties as the
Secretary shall prescribe, consistent with this
section.''.
(b) Conforming Amendments.--
(1) Section 3164(b)(1) of the Department of Energy Science
Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by
striking ``Under Secretary for Science'' and inserting ``Under
Secretary for Science and Energy''.
(2) Section 641(h)(2) of the United States Energy Storage
Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended
by striking ``Under Secretary for Science'' and inserting
``Under Secretary for Science and Energy''.
SEC. 102. TECHNOLOGY TRANSFER ASSESSMENT.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report which shall include--
(1) an assessment of the Department's current ability to
carry out the goals of section 1001 of the Energy Policy Act of
2005 (42 U.S.C. 16391), including an assessment of the role and
effectiveness of the Technology Transfer Coordinator position;
and
(2) recommended departmental policy changes and legislative
changes to section 1001 of the Energy Policy Act of 2005 (42
U.S.C. 16391) to improve the Department's ability to
successfully transfer new energy technologies to the private
sector.
SEC. 103. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the establishment of the independent Commission to
Review the Effectiveness of the National Energy Laboratories
under section 319 of title III of division D of the
Consolidated Appropriations Act, 2014, is an important step
towards developing a coordinated strategy for the National
Laboratories in the 21st century;
(2) Congress looks forward to--
(A) receiving the findings and conclusions of the
Commission; and
(B) engaging with the Administration--
(i) in strengthening the mission of the
National Laboratories; and
(ii) to reform and modernize the operations
and management of the National Laboratories;
and
(3) the Secretary should encourage the National
Laboratories and federally funded research and development
centers to inform small businesses of the opportunities and
resources that exist pursuant to this Act.
TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS
SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.
(a) In General.--The Secretary shall carry out the Agreements for
Commercializing Technology pilot program of the Department, as
announced by the Secretary on December 8, 2011, in accordance with this
section.
(b) Terms.--Each agreement entered into pursuant to the pilot
program referred to in subsection (a) shall provide to the contractor
of the applicable National Laboratory, to the maximum extent determined
to be appropriate by the Secretary, increased authority to negotiate
contract terms, such as intellectual property rights, payment
structures, performance guarantees, and multiparty collaborations.
(c) Eligibility.--
(1) In general.--Any director of a National Laboratory may
enter into an agreement pursuant to the pilot program referred
to in subsection (a).
(2) Agreements with non-federal entities.--To carry out
paragraph (1) and subject to paragraph (3), the Secretary shall
permit the directors of the National Laboratories to execute
agreements with a non-Federal entity, including a non-Federal
entity already receiving Federal funding that will be used to
support activities under agreements executed pursuant to
paragraph (1), provided that such funding is solely used to
carry out the purposes of the Federal award.
(3) Restriction.--The requirements of chapter 18 of title
35, United States Code (commonly known as the ``Bayh-Dole
Act'') shall apply if--
(A) the agreement is a funding agreement (as that
term is defined in section 201 of that title); and
(B) at least 1 of the parties to the funding
agreement is eligible to receive rights under that
chapter.
(d) Submission to Secretary.--Each affected director of a National
Laboratory shall submit to the Secretary, with respect to each
agreement entered into under this section--
(1) a summary of information relating to the relevant
project;
(2) the total estimated costs of the project;
(3) estimated commencement and completion dates of the
project; and
(4) other documentation determined to be appropriate by the
Secretary.
(e) Certification.--The Secretary shall require the contractor of
the affected National Laboratory to certify that each activity carried
out under a project for which an agreement is entered into under this
section--
(1) is not in direct competition with the private sector;
and
(2) does not present, or minimizes, any apparent conflict
of interest, and avoids or neutralizes any actual conflict of
interest, as a result of the agreement under this section.
(f) Extension.--The pilot program referred to in subsection (a)
shall be extended for a term of 2 years after the date of enactment of
this Act.
(g) Reports.--
(1) Overall assessment.--Not later than 60 days after the
date described in subsection (f), the Secretary, in
coordination with directors of the National Laboratories, shall
submit to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that--
(A) assesses the overall effectiveness of the pilot
program referred to in subsection (a);
(B) identifies opportunities to improve the
effectiveness of the pilot program;
(C) assesses the potential for program activities
to interfere with the responsibilities of the National
Laboratories to the Department; and
(D) provides a recommendation regarding the future
of the pilot program.
(2) Transparency.--The Secretary, in coordination with
directors of the National Laboratories, shall submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate an annual report that accounts for all
incidences of, and provides a justification for, non-Federal
entities using funds derived from a Federal contract or award
to carry out agreements pursuant to this section.
SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a non-Federal work-for-others agreement; and
(3) any other agreement determined to be appropriate by the
Secretary, in collaboration with the directors of the National
Laboratories.
(c) Administration.--
(1) Accountability.--The director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security, economic,
or environmental interest of the United States.
(2) Certification.--The director of the affected National
Laboratory and the affected contractor shall certify that each
activity carried out under a project for which an agreement is
entered into under this section does not present, or minimizes,
any apparent conflict of interest, and avoids or neutralizes
any actual conflict of interest, as a result of the agreement
under this section.
(3) Availability of records.--On entering an agreement
under this section, the director of a National Laboratory shall
submit to the Secretary for monitoring and review all records
of the National Laboratory relating to the agreement.
(4) Rates.--The director of a National Laboratory may
charge higher rates for services performed under a partnership
agreement entered into pursuant to this section, regardless of
the full cost of recovery, if such funds are used exclusively
to support further research and development activities at the
respective National Laboratory.
(d) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 202(a) of the Department of Energy
Laboratory Modernization and Technology Transfer Act of 2014,
approval by the Secretary of Energy shall not be required for
any technology transfer agreement proposed to be entered into
by a National Laboratory of the Department of Energy, the total
cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000.'';
and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN
AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.
Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
amended by--
(1) redesignating subsection (g) as subsection (h); and
(2) inserting after subsection (f) the following:
``(g) Early-Stage Technology Demonstration.--The Secretary shall
permit the directors of the National Laboratories to use funds
authorized to support technology transfer within the Department to
carry out early-stage and pre-commercial technology demonstration
activities to remove technology barriers that limit private sector
interest and demonstrate potential commercial applications of any
research and technologies arising from National Laboratory
activities.''.
SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION
AND OTHER NONPROFIT INSTITUTIONS.
Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)) is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraphs (2) and (3)'' and inserting ``Except as provided in
paragraphs (2), (3), and (4)''; and
(2) by adding at the end the following:
``(4) Exemption for institutions of higher education and
other nonprofit institutions.--
``(A) In general.--Paragraph (1) shall not apply to
a research or development activity performed by an
institution of higher education or nonprofit
institution (as defined in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703)).
``(B) Termination date.--The exemption under
subparagraph (A) shall apply during the 6-year period
beginning on the date of enactment of this
paragraph.''.
SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.
The Secretary may enter into an agreement with the Director of the
National Science Foundation to enable researchers funded by the
Department to participate in the National Science Foundation Innovation
Corps program.
TITLE III--ASSESSMENT OF IMPACT
SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report--
(1) describing the results of the projects developed under
sections 201, 202, and 203, including information regarding--
(A) partnerships initiated as a result of those
projects and the potential linkages presented by those
partnerships with respect to national priorities and
other taxpayer-funded research; and
(B) whether the activities carried out under those
projects result in--
(i) fiscal savings;
(ii) expansion of National Laboratory
capabilities;
(iii) increased efficiency of technology
transfers; or
(iv) an increase in general efficiency of
the National Laboratory system; and
(2) assess the scale, scope, efficacy, and impact of the
Department's efforts to promote technology transfer and private
sector engagement at the National Laboratories, and make
recommendations on how the Department can improve these
activities.
Passed the House of Representatives July 22, 2014.
Attest:
KAREN L. HAAS,
Clerk. | Department of Energy Laboratory Modernization and Technology Transfer Act of 2014 - Title I: Innovation Management At Department of Energy - (Sec. 101) Amends the Department of Energy Organization Act to rename the Under Secretary for Science as the Under Secretary for Science and Energy and expand the functions of the position to include establishment of appropriate linkages between offices under such official's jurisdiction. (Sec. 102) Directs the Department of Energy (DOE) to: (1) report on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Technology Transfer Coordinator position; and (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. (Sec. 103) Expresses the sense of Congress regarding the development of a coordinated strategy for DOE nonmilitary national laboratories in the 21st century. Title II: Cross-Sector Partnerships and Grant Competitiveness - (Sec. 201) Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories (national laboratories) increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act (concerning patent rights to inventions arising from federally-supported research and development). Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program for two years. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. (Sec. 202) Requires the Secretary of Energy to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million. (Sec. 203) Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. (Sec. 204) Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. (Sec. 205) Authorizes DOE to enter into an agreement with the National Science Foundation (NSF) to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. Title III: Assessment of Impact - (Sec. 301) Requires the Government Accountability Office (GAO) to report to Congress on the results of projects developed under this Act and on DOE efforts to promote technology transfer and private sector engagement at the national laboratories. | {"src": "billsum_train", "title": "Department of Energy Laboratory Modernization and Technology Transfer Act of 2014"} | 3,588 | 684 | 0.633404 | 2.094346 | 0.780884 | 3.427393 | 5.29868 | 0.90264 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Green Energy Paper Manufacturing Act
of 2009''.
SEC. 2. CREDIT FOR USING ENERGY DERIVED FROM BIOMASS TO POWER DOMESTIC
PAPER, PULP AND PAPERBOARD MANUFACTURING PROCESS
FACILITIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by inserting after section 45Q the following new
section:
``SEC. 45R. ENERGY DERIVED FROM BIOMASS TO POWER DOMESTIC PAPER, PULP
AND PAPERBOARD MANUFACTURING PROCESS FACILITIES.
``(a) General Rule.--For purposes of section 38, the renewable
green-energy pulp, paper or paperboard manufacturing credit for any
taxable year is an amount equal to the product of--
``(1) $4, multiplied by
``(2) the number of million Btus of steam and electricity--
``(A) produced by the taxpayer--
``(i) from biomass fuels, and
``(ii) at a qualified paper product
facility (or at an energy production facility
which is located in the United States and which
is under contract to provide steam or
electricity to any qualified paper product
facility) during the 10-year period beginning
on the later of the date of the enactment of
this section or the date the facility was
originally placed in service, and
``(B) used by the taxpayer at, or provided by the
taxpayer to, any pulp, paper or paperboard
manufacturing facility located in the United States.
``(b) Maximum Annual Credit Per Facility.--
``(1) In general.--The credit determined under this section
for energy used during the taxable year at any qualified paper
product facility shall not exceed $25,000,000.
``(2) Coordination with advance payments.--The dollar
amount in paragraph (1) shall be reduced for any taxable year
by the aggregate of the claims made under section 6429 for
periods during such year with respect to such facility.
``(c) Denial of Double Benefit.--Btus may not be taken into account
under subsection (a)(2) if any credit is allowed under section 40, 40A,
45, or 6426 for the electricity generation, the feedstock, or for the
blending of the feedstock associated with the Btus.
``(d) Definitions.--For purposes of this section--
``(1) Biomass fuels.--
``(A) In general.--The term `biomass fuels' means
any liquid, solid, or gaseous fuel derived from biomass
(as defined in section 45K(c)(3)) or from biomass
process residuals from recycled and other paper
facilities.
``(B) Cofiring with fossil fuels.--In the case of
fossil fuel burned in conjunction with any biomass
fuel, only the Btus attributable to biomass fuel may be
taken into account under subsection (a).
``(2) Qualified paper product facility.--The term
`qualified paper product facility' means any pulp, paper, or
paperboard manufacturing facility--
``(A) which is originally placed in service before
the close of the 5-year period beginning on the date of
the enactment of this section, and
``(B) which is located in the United States.
``(e) Reinvestment Requirement.--
``(1) In general.--The tax imposed by this chapter for any
taxable year shall be increased by the recapture amount (if
any) for the 3rd preceding taxable year.
``(2) Recapture amount.--For purposes of paragraph (1), the
term `recapture amount' means, with respect to any taxable
year, the excess (if any) of--
``(A) 50 percent of the sum of--
``(i) the credit determined under this
section for the taxable year, and
``(ii) the aggregate payments made under
section 6429 to the taxpayer for steam and
electricity produced during such year, over
``(B) the aggregate qualified reinvestment made by
the taxpayer during such year and the 3 succeeding
taxable years (reduced by the qualified reinvestment
taken into account in determining the recapture amount
for any prior taxable year).
``(3) Qualified reinvestment.--
``(A) In general.--For purposes of paragraph (2),
the term `qualified reinvestment' means the basis of
renewable energy projects, energy efficiency projects
and other environmental improvements at facilities
owned by the taxpayer and located in the United States.
``(B) Reduction for federal benefits.--The basis
otherwise taken into account under subparagraph (A)
shall be reduced by the aggregate of--
``(i) the credits under this chapter, and
``(ii) Federal grants,
allowed or received on account of the investment.
``(4) When reinvestments taken into account.--
``(A) In general.--Qualified reinvestment shall be
taken into account when the property is placed in
service.
``(B) Election.--At the election of the taxpayer
with respect to any qualified reinvestment which is
constructed by the taxpayer--
``(i) the estimated amount of such
investment shall be treated as made when the
physical work of such construction begins, and
``(ii) proper adjustments shall be made to
such amount in the taxable year in which such
investment is placed in service in any case
where such estimate is greater or less than the
proper amount.
``(f) Multiple Facility Owners.--If more than 1 person has an
ownership interest in a qualified paper product facility, the dollar
limitation in subsection (b) shall be allocated among such persons
under regulations prescribed by the Secretary.''.
(b) Credit Made Part of General Business Credit and Allowable
Against Minimum Tax.--
(1) In general.--Subsection (b) of section 38 of such Code
(relating to current year business credit) 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 new paragraph:
``(36) the renewable green-energy pulp, paper or paperboard
manufacturing credit determined under section 45R.''.
(2) Credit allowable against minimum tax.--Subparagraph (B)
of section 38(c)(4) of such Code (relating to specified
credits) is amended by striking ``and'' at the end of clause
(vii), by striking the period at the end of clause (viii) and
inserting ``, and'', and by adding at the end the following new
clause:
``(ix) the credit determined under section
45R.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. Energy derived from biomass to power domestic paper, pulp
and paperboard manufacturing process
facilities.''.
(d) Effective Date.--The amendments made by this section shall
apply to energy produced after December 31, 2009, in taxable years
ending after such date.
SEC. 3. ADVANCE PAYMENTS FOR LIQUID BIOMASS USED AS A FUEL AT PAPER
PRODUCT FACILITIES.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to abatements, credits, and refunds) is amended
by striking section 6429 and inserting the following new section:
``SEC. 6429. ADVANCE PAYMENTS FOR LIQUID BIOMASS USED AS A FUEL AT
PAPER PRODUCT FACILITIES.
``(a) In General.--If any person uses any qualified biomass liquid
as a fuel to produce steam or electricity for use at any pulp, paper or
paperboard manufacturing facility located in the United States, the
Secretary shall pay (without interest) to such person an amount equal
to--
``(1) $4, multiplied by
``(2) the number of million Btus of steam and electricity
so produced.
``(b) Maximum Annual Payments Per Facility.--The amount paid by the
Secretary under this section for energy used during any taxable year at
any qualified paper product facility shall not exceed $25,000,000.
``(c) Qualified Biomass Liquid.--For purposes of this section, the
term `qualified biomass liquid' means any liquid--
``(1) which is derived from--
``(A) biomass (as defined in section 45K(c)(3)), or
``(B) biomass process residuals from recycled and
other paper facilities if such residuals meet the test
of liquids set forth in ASTM D4359-90, and
``(2) which is produced by such person at a qualified paper
product facility (as defined in section 45R(d)(2)) during the
10-year period beginning on the later of the date of the
enactment of this section or the date the facility was
originally placed in service.
``(d) Time for Filing Claims; Period Covered.--
``(1) In general.--A claim may be filed under this section
by any person for any period--
``(A) for which $200 or more is payable, and
``(B) which is not less than 1 week.
In the case of an electronic claim, this paragraph shall be
applied without regard to subparagraph (A).
``(2) Payment of claim.--Notwithstanding subsection (a), if
the Secretary has not paid pursuant to a claim filed under this
section within 45 days of the date of the filing of such claim
(20 days in the case of an electronic claim), the claim shall
be paid with interest from such date determined by using the
overpayment rate and method under section 6621.
``(3) Time for filing claim.--No claim filed under this
subsection shall be allowed unless filed on or before the last
day of the first quarter following the earliest quarter
included in the claim.
``(e) Cofiring With Fossil Fuels.--In the case of fossil fuel
burned in conjunction with any qualified biomass liquid, only the Btus
attributable to the qualified biomass liquid may be taken into account
under subsection (a).''.
(b) Conforming Amendments.--
(1) The table of sections for such subchapter B is amended
by striking the item relating to section 6429 and inserting the
following new item:
``Sec. 6429. Advance payments for liquid biomass used as a fuel at
paper product facilities.''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``6429,'' after ``6428,''.
(c) Effective Date.--The amendments made by this section shall
apply to energy produced after December 31, 2009, in taxable years
ending after such date. | Green Energy Paper Manufacturing Act of 2009 - Amends the Internal Revenue Code to allow: (1) a general business tax credit, up to $25 million in a taxable year, for the production of energy from biomass fuels for a pulp, paper, or paperboard manufacturing facility located in the United States; and (2) advance payments of credit amounts for liquid biomass used as a fuel to produce steam or energy at any such facility. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax to taxpayers using energy derived from biomass to power domestic paper, pulp and paperboard manufacturing process facilities."} | 2,493 | 91 | 0.649304 | 1.527023 | 1.071285 | 3.341176 | 26.082353 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Security Tax Act''.
SEC. 2. FEE ON IMPORTED CRUDE OIL OR REFINED PETROLEUM PRODUCTS.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 55--IMPORTED CRUDE OIL, REFINED PETROLEUM PRODUCTS, AND
PETROCHEMICAL FEEDSTOCKS OR DERIVATIVES
``Sec. 5886. Imposition of tax.
``Sec. 5887. Definitions.
``Sec. 5888. Registration.
``Sec. 5889. Procedures; returns;
penalties.
``Sec. 5890. Adjustment for inflation.
``SEC. 5886. IMPOSITION OF TAX.
``(a) Imposition of Tax.--In addition to any other tax imposed
under this title, an excise tax is hereby imposed on--
``(1) the first sale within the United States of--
``(A) any crude oil,
``(B) any refined petroleum product, or
``(C) any petrochemical feedstock or petrochemical
derivative,
that has been imported into the United States, and
``(2) the use within the United States of--
``(A) any crude oil,
``(B) any refined petroleum product, or
``(C) any petrochemical feedstock or petrochemical
derivative,
that has been imported into the United States if no tax has
been imposed with respect to such crude oil or refined
petroleum product prior to such use.
``(b) Rate of Tax.--
``(1) Crude oil.--For purposes of paragraphs (1)(A) and
(2)(A) of subsection (a) the rate of tax shall be the excess,
if any, of--
``(A) $25 per barrel, over
``(B) the most recently published average price of
a barrel of internationally traded oil.
``(2) Refined petroleum product.--For purposes of
paragraphs (1)(B) and (2)(B) of subsection (a), the rate of tax
shall be the excess, if any, of--
``(A) $27.50 per barrel, over
``(B) the most recently published average price of
a barrel of internationally traded oil.
``(3) Petrochemical feedstock or petrochemical
derivative.--For purposes of paragraphs (1)(C) and (2)(C) of
subsection (a), the rate of tax shall be equal to the rate of
tax determined under paragraph (2) of this subsection, except
that `barrel equivalent of crude oil feedstocks used in the
manufacture of such petrochemical feedstocks or petrochemical
derivative' shall be substituted for `barrel' in paragraph
(2)(A) of this subsection.
``(4) Fractional parts of barrels.--In the case of a
fraction of a barrel, the tax imposed by subsection (a) shall
be the same fraction of the amount of such tax imposed on the
whole barrel.
``(c) Determination of Average Price.--
``(1) In general.--For purposes of this section, the
average price of internationally traded oil with respect to any
week during which the tax under subsection (a) is imposed shall
be determined by the Secretary and published in the Federal
Register on the first day of such week.
``(2) Basis of determination.--For purposes of paragraph
(1), the Secretary, after consultation with the Administrator
of the Energy Information Administration of the Department of
Energy, shall determine the average price of internationally
traded oil for the preceding 4 weeks, pursuant to the formula
for determining such international price as is used in
publishing the Weekly Petroleum Status Report and as is in
effect on the date of enactment of this section.
``(d) Liability for Payment of Tax.--
``(1) Sales.--The taxes imposed by subsection (a)(1) shall
be paid by the first person who sells the crude oil, refined
petroleum product, petrochemical feedstock, or petrochemical
derivative within the United States.
``(2) Use.--The taxes imposed by subsection (a)(2) shall be
paid by the person who uses the crude oil, refined petroleum
product, petrochemical feedstock, or petrochemical derivative.
``SEC. 5887. DEFINITIONS.
``For purposes of this chapter--
``(1) Crude oil.--The term `crude oil' means crude oil
other than crude oil produced from a well located in the United
States or a possession of the United States.
``(2) Barrel.--The term `barrel' means 42 United States
gallons.
``(3) Refined petroleum product.--The term `refined
petroleum product' shall have the same meaning given to such
term by section 3(5) of the Emergency Petroleum Allocation Act
of 1973 (15 U.S.C. 752(5)).
``(4) Export.--The terms `export' and `exported' include
shipment to a possession of the United States.
``SEC. 5888. REGISTRATION.
``Every person subject to tax under section 5886 shall, before
incurring any liability for tax under such section, register with the
Secretary.
``SEC. 5889. PROCEDURES; RETURNS; PENALTIES.
``For purposes of this title, any reference to the tax imposed by
section 5886 shall be treated, except to the extent provided by the
Secretary by regulation where such treatment would be inappropriate, in
the same manner as the tax imposed by section 4986 was treated
immediately before its repeal by the Omnibus Trade and Competitiveness
Act of 1988.''.
``SEC. 5890. ADJUSTMENT FOR INFLATION.
``The $25 per barrel price referred to in section 5886(b)(1) and
the $27.50 per barrel price referred to in section 5886(b)(2) shall be
changed during any calendar year after 1993 by the percentage if any by
which the Consumer Price Index changed during the preceding calendar
year, as defined in section (1)(f)(4) of title 26 of the United States
Code.''.
(b) Conforming Amendment.--The table of chapters for subtitle E is
amended by adding at the end thereof the following new item:
``Chapter 55. Imported crude oil, refined
petroleum products, and
petrochemical feedstocks or
derivatives.''.
(c) Deductibility of Imported Oil Tax.--The first sentence of
section 164(a) (relating to deductions for taxes) is amended by
inserting after paragraph (5) the following new paragraph:
``(6) The imported oil taxes imposed by section 5886.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to sales and uses of imported crude oil, imported
refined petroleum products, petrochemical feedstocks, or petrochemical
derivatives on or after the date of enactment of this Act. | Energy Security Tax Act - Amends the Internal Revenue Code to impose an excise tax on the first sale within the United States of imports of: (1) crude oil; (2) refined petroleum products; and (3) petrochemical feedstocks or petrochemical derivatives. | {"src": "billsum_train", "title": "Energy Security Tax Act"} | 1,635 | 61 | 0.579638 | 1.268147 | 0.818946 | 2.960784 | 27.372549 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Research in Aquaculture Opportunity
and Responsibility Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Aquatic species.--The term ``aquatic species'' means
all species that are propagated, reared, or grown in salt or
brackish water, including finfish, mollusks, crustaceans,
algae, and all forms of marine life, other than sea turtles,
marine mammals, and birds.
(2) Coastal state.--The term ``coastal State'' means--
(A) a State in, or bordering on, the Atlantic,
Pacific, or Arctic Ocean, the Gulf of Mexico, or Long
Island Sound; and
(B) Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, the Trust
Territories of the Pacific Islands, and American Samoa.
(3) Coastline.--The term ``coastline'' means the line of
ordinary low water along that portion of the coast that is in
direct contact with the open sea and the line marking the
seaward limit of inland waters.
(4) Exclusive economic zone.--
(A) Definition.--The term ``exclusive economic
zone'' means, unless otherwise specified by the
President in the public interest in a writing published
in the Federal Register, a zone, the outer boundary of
which is 200 nautical miles from the baseline from
which the breadth of the territorial sea is measured,
except as established by a maritime boundary treaty in
force, or being provisionally applied by the United
States or, in the absence of such a treaty where the
distance between the United States and another nation
is less than 400 nautical miles, a line equidistant
between the United States and the other nation. Without
affecting any Presidential Proclamation with regard to
the establishment of the United States territorial sea
or exclusive economic zone, the inner boundary of that
zone is--
(i) a line coterminous with the seaward
boundary (as defined in section 4 of the
Submerged Lands Act (43 U.S.C. 1312)) of each
coastal State;
(ii) a line 3 marine leagues from the
coastline of the Commonwealth of Puerto Rico;
(iii) a line 3 geographical miles from the
coastlines of American Samoa, the United States
Virgin Islands, and Guam;
(iv) for the Commonwealth of the Northern
Mariana Islands--
(I) its coastline, until such time
as the Commonwealth of the Northern
Mariana Islands is granted authority by
the United States to regulate all
fishing to a line seaward of its
coastline; and
(II) upon the United States grant
of such authority, the line established
by such grant of authority; and
(v) for any possession of the United States
not described in clause (ii), (iii), or (iv),
the coastline of such possession.
(B) Construction.--Nothing in this paragraph may be
construed as diminishing the authority of the
Department of Defense or the Department of the
Interior.
(5) Executive agency.--The term ``Executive agency'' has
the meaning given that term in section 105 of title 5, United
States Code.
(6) Land-based recirculating aquaculture system.--The term
``land-based recirculating aquaculture system'' means any
system, including aquaponics, that is--
(A) located on land;
(B) recirculates more than 85 percent of the water
used within the system;
(C) involved in the propagation and rearing of
aquatic species; and
(D) not located or operated in open waters,
including rivers, harbors, lakes, the exclusive
economic zone, or within nearshore waters under State
or territorial jurisdiction.
(7) Offshore aquaculture.--The term ``offshore
aquaculture''--
(A) means all activities, including the placement
or operation of an offshore aquaculture facility,
involved in the propagation and rearing, or attempted
propagation and rearing, of marine species in the
exclusive economic zone, including ocean ranching; and
(B) does not include--
(i) salmon hatcheries in the Pacific
Northwest or Alaska;
(ii) the cultivation of mollusks, except
cephalopods, or live rock in the exclusive
economic zone;
(iii) exempted or experimental fishing
activities conducted under an exempted fish
permit issued pursuant to section 600.745 of
title 50, Code of Federal Regulations (or
successor regulations); or
(iv) the harvest of native ornamental fish
from existing oil or gas infrastructure.
(8) Offshore aquaculture facility.--The term ``offshore
aquaculture facility'' means--
(A) an installation or structure used, in whole or
in part, for offshore aquaculture; or
(B) an area of the seabed or the subsoil used for
offshore aquaculture of living organisms belonging to
sedentary species.
(9) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Commerce.
SEC. 3. PROHIBITION ON OFFSHORE AQUACULTURE.
(a) Prohibition on Offshore Aquaculture.--Notwithstanding the
provisions of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.), no head of an executive agency and no
Regional Fishery Management Council established under section 302 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852) may develop or approve any rule, regulation, fishery management
plan, or fishery management plan amendment to permit or regulate
offshore aquaculture until the date that is 3 years after the date of
the submission of the reports required by sections 5 and 6.
(b) Application to Existing Permits.--Any permit issued by the head
of an executive agency prior to the date of the enactment of this Act
to conduct offshore aquaculture, including the siting or operation of
offshore aquaculture facilities, under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) or any other
Federal law shall cease to be valid on the date of the enactment of
this Act.
SEC. 4. GRANTS FOR LAND-BASED AQUACULTURE.
The Secretary and the Secretary of Agriculture shall each provide
grants for research related to land-based recirculating aquaculture
systems.
SEC. 5. REPORT ON OFFSHORE AQUACULTURE.
(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to Congress a
report on offshore aquaculture.
(b) Content.--The report required by subsection (a) shall include
the following:
(1) The results of a comprehensive study on the potential
environmental impacts to native fish species resulting from the
use of each technology currently used in any offshore
aquaculture operation around the world.
(2) The results of a study on the economic impacts of
offshore aquaculture on land-based recirculating aquaculture,
other aquaculture operations, and on recreational and
commercial fishing, including economic impacts--
(A) to fishing operations and coastal communities
throughout the United States; and
(B) specific to fishing operations and coastal
communities in the Gulf of Mexico.
(3) The recommendations of the Secretary for regulatory
guidelines to protect ocean ecosystems from the impacts of
offshore aquaculture, including guidelines related to--
(A) preventing--
(i) pollution from concentrated fish feces
and uneaten food;
(ii) parasites, diseases, and their effects
on native wildlife species;
(iii) escape of marine species from
offshore aquaculture facilities;
(iv) degradation of wild stocks of marine
species;
(v) negative impacts on commercial and
recreational fishing;
(vi) inefficient reliance on wild forage
fish to feed marine species in offshore
aquaculture facilities;
(vii) the inappropriate use of chemicals to
treat parasites and disease in offshore
aquaculture; and
(viii) negative health impacts from
consumption of marine species produced in
offshore aquaculture; and
(B) allocation of reconstruction costs in the event
an offshore aquaculture facility is abandoned or
destroyed.
SEC. 6. REPORT ON LAND-BASED RECIRCULATING AQUACULTURE SYSTEMS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary, in consultation with the Secretary of Agriculture,
shall submit to Congress a report on the economic potential of land-
based recirculating aquaculture systems, including--
(1) an analysis of the land and other resources required
for such systems;
(2) a description of such systems that are in existence on
the date of the enactment of this Act and an analysis of the of
the economic impact of such systems; and
(3) an analysis of the potential beneficial uses of
residual products from algal technologies as feed in fish
aquaculture. | Research in Aquaculture Opportunity and Responsibility Act of 2010 - Prohibits any executive agency or any Regional Fishery Management Council from developing or approving a rule, regulation, or fishery management plan to permit or regulate offshore aquaculture until the date that is three years after the date of the submission of the reports required by this Act. Applies such prohibition to existing offshore aquaculture permits issued by federal agencies.
Directs the Secretary of Commerce (Secretary) to report to Congress regarding: (1) offshore aquaculture; and (2) the economic potential of land-based recirculating aquaculture systems.
Directs the Secretary and the Secretary of Agriculture (USDA) to provide grants for research related to land-based recirculating aquaculture systems. | {"src": "billsum_train", "title": "A bill to prohibit offshore aquaculture until 3 years after the submission of a report on the impacts of offshore aquaculture and for other purposes."} | 1,981 | 156 | 0.439006 | 1.15881 | 0.658263 | 4.118519 | 13.118519 | 0.918519 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preexisting Condition Patient
Protection Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) According to the United States Census Bureau, 45.7
million people were uninsured in 2007.
(2) According to a recent study by the Commonwealth Fund,
the number of underinsured adults aged 19 to 64 has jumped 60
percent over the last 4 years, from 16,000,000 in 2003 to
25,000,000 in 2007.
(3) According to the Centers for Disease Control and
Prevention (CDC), approximately 45 percent of Americans have at
least one chronic condition.
(4) Forty-four States currently allow insurance companies
to deny coverage for, limit coverage for, or charge increased
premiums for a preexisting condition.
(5) Over 26 million people were enrolled in private
individual market health plans in 2007. Under the Health
Insurance Portability and Accountability Act of 1996 (HIPAA),
these individuals have no protections against pre-existing
condition exclusions or waiting periods.
(6) When a child or adult has a 63-day gap in insurance
coverage, pre-existing condition exclusions, such as limiting
coverage or instituting a waiting period, can be placed on them
when they become insured under a new health insurance policy.
(7) Eliminating pre-existing condition exclusions for all
is a vital safeguard to ensuring that all Americans have access
to health care when in need.
(8) According to a Kaiser Family Foundation/Harvard School
of Public Health public opinion poll, 58 percent of Americans
strongly favor the Federal Government requiring health
insurance companies to cover anyone who applies for health
coverage, even if they have a prior illness.
SEC. 3. AMENDMENTS RELATING TO PREEXISTING CONDITION EXCLUSIONS UNDER
GROUP HEALTH PLANS.
(a) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Elimination of preexisting condition exclusions.--
Section 701 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1181) is amended--
(A) by amending the heading to read as follows:
``elimination of preexisting condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, with respect to a
participant or beneficiary--
``(1) may not impose any preexisting condition exclusion;
and
``(2) in the case of a group health plan that offers
medical care through health insurance coverage offered by a
health maintenance organization, may not provide for an
affiliation period with respect to coverage through the
organization.'';
(C) in subsection (b), by striking paragraph (3)
and inserting the following:
``(3) Affiliation period.--The term `affiliation period'
means a period which, under the terms of the health insurance
coverage offered by the health maintenance organization, must
expire before the health insurance coverage becomes
effective.'';
(D) by striking subsections (c), (d), (e), and (g);
and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Clerical amendment.--The item in the table of contents
of such Act relating to section 701 is amended to read as
follows:
``Sec. 701. Elimination of preexisting condition exclusions.''.
(b) Amendments to the Public Health Service Act.--
(1) In general.--Section 2701 of the Public Health Service
Act (42 U.S.C. 300gg) is amended--
(A) by amending the heading to read as follows:
``elimination of preexisting condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan, and a health insurance
issuer offering group health insurance coverage, with respect to a
participant or beneficiary--
``(1) may not impose any preexisting condition exclusion;
and
``(2) in the case of a group health plan that offers
medical care through health insurance coverage offered by a
health maintenance organization, may not provide for an
affiliation period with respect to coverage through the
organization.'';
(C) in subsection (b), by striking paragraph (3)
and inserting the following:
``(3) Affiliation period.--The term `affiliation period'
means a period which, under the terms of the health insurance
coverage offered by the health maintenance organization, must
expire before the health insurance coverage becomes
effective.'';
(D) by striking subsections (c), (d), (e), and (g);
and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Technical amendments relating to employer size.--
Section 2711 of such Act (42 U.S.C. 300gg-11) is amended--
(A) in subsection (a)--
(i) in the heading, by striking ``Small'';
(ii) in paragraph (1)--
(I) in the matter before
subparagraph (A), by striking ``(c)
through (f)'' and inserting ``(b)
through (d)'' and by striking
``small''; and
(II) in subparagraph (A), by
striking ``small employer (as defined
in section 2791(e)(4))'' and inserting
``employer''; and
(iii) in paragraph (2)--
(I) by striking ``small'' each
place it appears; and
(II) by striking ``coverage to a''
and inserting ``coverage to an'';
(B) by striking subsection (b);
(C) in subsections (c), (d), and (e), by striking
``small'' each place it appears; and
(D) by striking subsection (f).
(c) Amendments to the Internal Revenue Code of 1986.--
(1) Elimination of preexisting condition exclusions.--
Section 9801 of the Internal Revenue Code of 1986 is amended--
(A) by amending the heading to read as follows:
``elimination of preexisting condition exclusions'';
(B) by amending subsection (a) to read as follows:
``(a) In General.--A group health plan with respect to a
participant or beneficiary may not impose any preexisting condition
exclusion.'';
(C) by striking paragraph (3) of subsection (b);
(D) by striking subsections (c), (d), and (e); and
(E) by redesignating subsection (f) (relating to
special enrollment periods) as subsection (c).
(2) Clerical amendment.--The item in the table of sections
of chapter 100 of such Code relating to section 9801 is amended
to read as follows:
``Sec. 9801. Elimination of preexisting condition exclusions.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
group health plans for plan years beginning after the end of
the 12th calendar month following the date of the enactment of
this Act.
(2) Special rule for collective bargaining agreements.--In
the case of a group health plan maintained pursuant to one or
more collective bargaining agreements between employee
representatives and one or more employers ratified before the
date of the enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
later of--
(A) the date on which the last of the collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act),
or
(B) the date that is after the end of the 12th
calendar month following the date of the enactment of
this Act.
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 the amendments made by this section shall not be
treated as a termination of such collective bargaining
agreement.
SEC. 4. PROHIBITION OF PREEXISTING CONDITION EXCLUSIONS IN HEALTH
INSURANCE COVERAGE IN THE INDIVIDUAL MARKET.
(a) In General.--Section 2741 of the Public Health Service Act (42
U.S.C. 300gg-41) is amended--
(1) in subsection (a)(1), by striking ``with respect to an
eligible individual'' and all that follows and inserting the
following: ``with respect to--
``(A) an eligible individual (as defined in
subsection (b)) desiring to enroll in individual health
insurance coverage decline to offer such coverage to,
or deny enrollment of, such individual; and
``(B) any individual desiring to enroll in such
coverage impose any preexisting condition exclusion (as
defined in section 2701(b)(1)(A)) with respect to such
coverage.''; and
(2) in subsection (a)(2), by striking ``paragraph (1)'' and
inserting ``paragraph (1)(A)''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market on or after
the end of the 12th month following the date of the enactment of this
Act.
SEC. 5. TRANSPARENCY IN CLAIMS DATA.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report on the impact of this Act on health
benefits coverage.
(b) Examination of Claims Experience and Other Data.--In preparing
the report under subsection (a), the Secretary may request from group
health plans and health insurance issuers--
(1) data on claims experience under the plan or health
insurance coverage issued by such issuers, such as the number,
nature, and dollar amount of claims made by enrollees during
the period involved;
(2) data relating to enrollees in the plan or under such
coverage, such as number of new enrollees, number of
individuals reenrolling (or discontinuing enrollment) after the
first year of coverage, and changes in the demographic
composition of enrollees; and
(3) such other information as the Secretary deems
appropriate.
The provisions of section 2722(b) of the Public Health Service Act
shall apply to a failure of a group health plan or health insurance
issuer to provide data or information requested by the Secretary under
this subsection in the same manner as such provisions apply to the
enforcement of a provision of part A of title XXVIII of such Act,
except that any reference to an individual in paragraph (1)(C)(i) of
such section shall be deemed for this purpose a reference to a covered
life under the plan or health insurance coverage involved.
SEC. 6. GAO REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report on the impact of this Act (and other Federal laws regarding the
regulation of health insurance and health benefits coverage) on the
reduction in the number of uninsured and underinsured individuals in
the group market and the individual market and on the affordability of
coverage in such markets. | Preexisting Condition Patient Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from: (1) imposing any preexisting condition exclusion; or (2) providing for an affiliation period for coverage offered by a health maintenance organization (HMO). Defines an "affiliation period" as a period of time before health insurance coverage becomes effective.
Requires each health insurance issuer offering coverage in the group market in a state to accept every employer in the state that applies for such coverage.
Prohibits preexisting condition exclusions for individual health insurance coverage.
Requires the Secretary of Health and Human Services to report to Congress on the impact of this Act on health benefits coverage. Authorizes the Secretary to request claims data, enrollee data, and other appropriate information from group health plans and health insurance issuers.
Directs the Comptroller General to report to Congress on the impact of this Act and other relevant federal laws on the reduction in the number of uninsured and underinsured individuals and on the affordability of coverage. | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974, title XXVII of the Public Health Service Act, and the Internal Revenue Code of 1986 to prohibit preexisting condition exclusions in group health plans and health insurance coverage in the group and individual markets."} | 2,619 | 254 | 0.530637 | 1.503765 | 0.806789 | 3.140845 | 11.13615 | 0.906103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workers' Pension Protection Act of
1996''.
TITLE I--PENSION PLAN FUNDING
SEC. 101. AMENDMENTS TO PENSION PLAN FUNDING REQUIREMENTS.
Part 3 of subtitle B of title I of the Employee Retirement Income
Security Act of 1974 is amended--
(1) by redesignating section 308 (29 U.S.C. 1086) as
section 309; and
(2) by inserting after section 307 the following new
section:
``SEC. 308. TREATMENT OF MULTIEMPLOYER PLANS.
``(a) Limitation on Benefit Increases for Underfunded Plans.--The
trustees of a plan described in section 3(37) shall not increase
benefits for a plan year if the plan had a funded current liability
percentage of 95 percent or less on the last day of the plan year
immediately preceding the plan year in which the increase in benefits
would take effect.
``(b) Limitation on Amount of Benefit Increase for Other
Multiemployer Plans.--
``(1) In general.--A plan described in section 3(37) with a
funded current liability percentage of 95 percent or more shall
not increase benefits if such increase would result in a funded
current liability percentage of less than 90 percent for the
plan year in which the benefit increase takes effect, including
the amount of the unfunded current liability under the plan
attributable to the benefit increase.
``(2) Special Rule for Certain Plans.--A plan described in
section 3(37) that increases benefits in accordance with
paragraph (1) shall not increase benefits until the plan has
reachieved a funded current liability percentage of 95 percent
or more on the last day of the plan year immediately preceding
the plan year in which the benefit increase would take effect.
``(c) Treatment of Interest Rates.--
``(1) In general.--The rate of interest used to determine
current liabilities under this section for a plan described in
section 3(37) shall be the rate of interest used under section
302(b)(5)(B)(ii), except that the highest rate in the
permissible range under subparagraph (B)(ii) of such section
shall not exceed the specified percentage under paragraph (2)
of the weighted average referred to in such subparagraph.
``(2) Specified percentage.--For purposes of paragraph (1)
the specified percentage shall be:
``In the case of plan years the specified
beginning in calendar year: percentage is:
1996.......................................... 109
1997.......................................... 108
1998.......................................... 107
1999.......................................... 106
2000.......................................... 105.
``(d) Treatment of Mortality Tables.--
``(1) Standard table.--In the case of plan years beginning
prior to the first plan year to which the tables described in
paragraph (2) apply, the mortality table used in determining
current liability under this subsection shall be the table
prescribed by the Secretary of Labor which must be based on the
prevailing standard table (as described in section 807 of the
Internal Revenue Code of 1986) used by the Commissioner of the
Internal Revenue Service to determine reserves for group
annuity contracts issued on January 1, 1993.
``(2) Secretarial authority.--The Secretary of Labor shall
by regulation prescribe, for plan years beginning after
December 31, 1999, mortality tables to be used in determining
current liability under this subsection. Such tables shall be
identical to those prescribed by the Secretary of Treasury
under section 412(l)(7)(C)(ii)(II) of the Internal Revenue Code
of 1986.
``(e) Definitions.--For purposes of this section:
``(1) Benefits.--The term `benefits' for a plan described
in section 3(37) means all benefits to participants and their
beneficiaries under the plan.
``(2) Current liability.--The term `current liability' for
a plan described in section 3(37) means all liabilities to
participants and their beneficiaries under the plan.
``(3) Unfunded current liability.--For a plan described in
section 3(37), the term `unfunded current liability' means,
with respect to any plan year, the excess (if any) of--
``(A) the current liability under the plan, over
``(B) the value of the plan assets determined under
section 302(c)(2) (29 U.S.C. 1082(c)(2)), reduced by
any credit balance in the funding standard account.
The Secretary of Labor may provide for such reduction for
purposes of any other provision which references this
subsection.
``(4) Funded current liability percentage.--For a plan
described in section 3(37), the term `funded current liability
percentage' means, with respect to any plan year, the
percentage which--
``(A) the amount determined under paragraph (3)(B),
is of
``(B) the current liability under the plan.''.
SEC. 102. EXCEPTION TO RULE PROHIBITING DECREASE OF ACCRUED BENEFITS.
Section 204(g)(1) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1054(g)(1)) is amended by adding before the period the
following: ``, or an amendment which reduces an increase in accrued
benefits resulting from an increase in benefits prohibited by section
308 (a) or (b)''.
SEC. 103. NOTICE TO PARTICIPANTS AND OTHERS OF MULTIEMPLOYER PLAN
FUNDING STATUS.
Section 105 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1025) is amended by adding at the end thereof the following
new subsection:
``(e) The trustees of a plan described in section 3(37) shall
provide to plan participants, beneficiaries and employers contributing
to the plan, on an annual basis, within 180 days after the last day of
the plan year, notice of the plan's funded current liability percentage
on the last day of the immediately preceding plan year, and of the
limits on the Pension Benefit Guaranty Corporation's guarantee if the
plan becomes insolvent. Such notice shall be written in a manner so as
to be understood by the average plan participant.''.
SEC. 104. EFFECTIVE DATE.
The amendments made by this title shall apply to plans in plan
years beginning after December 31, 1996.
TITLE II--ACTUARIAL ASSUMPTIONS
SEC. 201. INTEREST RATE AND MORTALITY ASSUMPTIONS USED.
Section 4213(b) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1393(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``In'' and inserting ``(1) In''; and
(3) by adding at the end thereof the following new
paragraph:
``(2) Effective for plan years beginning after December 31, 1996--
``(A) the rate of interest used to determine an employer's
withdrawal liability under this part shall be the rate of
interest determined under section 308(c); and
``(B) the mortality table used in determining an employer's
withdrawal liability under this part shall be the mortality
table determined under section 308(d) for determining current
liability.''.
SEC. 202. EFFECTIVE DATE.
The amendments made by this title shall apply to plans in plan
years beginning after December 31, 1996.
TITLE III--ADMINISTRATION AND ENFORCEMENT
SEC. 301. ADMINISTRATION AND ENFORCEMENT REQUIREMENTS.
Section 502(a) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1132(a)) is amended--
(1) paragraph (8), by striking ``or'' at the end thereof;
(2) in paragraph (9), by striking the period and inserting
``; or''; and
(3) by adding at the end thereof the following new
paragraph:
``(10) by an employer which contributes to a multiemployer
plan (A) to enjoin any act or practice which violates any
provision of sections 308, 204(g)(1), and 105(e), or (B) to
obtain other appropriate equitable relief (i) to redress such
violations of such sections or (ii) to enforce any provision of
such sections.''.
SEC. 302. ATTORNEY'S FEES AND COSTS.
Section 502(g) of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1132(g)) is amended by adding at the end thereof the
following new paragraph:
``(3) In any action under ``section 502(a)(1) by an employer, the
court in its discretion may allow a reasonable attorney's fee and costs
of action to either party.''.
SEC. 303. CIVIL ACTIONS BY CORPORATION.
Section 4003(e)(1) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1303(e)(1)) is amended--
(1) by striking ``, and (B)'' and inserting ``, (B)''; and
(2) by inserting before the period the following: ``, and
(C) in the case of a multiemployer plan, sections 308,
204(g)(1), 105(e), and 4213(b)(2)''.
SEC. 304. EFFECTIVE DATE.
The amendments made by this title shall apply to plans in plan
years beginning after December 31, 1996.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. ELIMINATION OF SPECIAL VESTING RULE FOR MULTIEMPLOYER PLANS.
(a) In General.--Paragraph (2) of section 203(a) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1053(a)(2)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``subparagraph (A), (B), or (C)'' and inserting ``subparagraph
(A) or (B)''; and
(2) by striking subparagraph (C).
(b) Effective Date.--The amendments made by subsection (a) shall
apply to plan years beginning after the earlier of--
(1) the later of--
(A) December 31, 1996; or
(B) the date on which the last of the collective
bargaining agreements pursuant to which the plan is
maintained terminates (determined without regard to any
extension thereof after the date of the enactment of
this Act); or
(2) January 1, 1999.
Such amendments shall not apply to any individual who does not have
more than one hour of service under the plan on or after the first day
of the first plan year to which such amendments apply. | TABLE OF CONTENTS:
Title I: Pension Plan Funding
Title II: Actuarial Assumptions
Title III: Administration and Enforcement
Title IV: Miscellaneous Provisions
Workers' Pension Protection Act of 1996 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise protections for workers in multiemployer pension plans. Extends certain protections previously established for workers in single-employer pension plans to workers in multiemployer pension plans.
Title I: Pension Plan Funding
- Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit multiemployer pension plan trustees from increasing benefits unless the plan is operating with at least 95 percent funding. Allows a plan that satisfies such requirement to choose to increase benefits if the benefit increase would not reduce the funding levels to below 90 percent. Requires such a plan to reach 95 percent funding again before increasing benefits.
Requires multiemployer plans to use specified interest rate assumptions and mortality tables.
Modifies a rule which prohibits decrease of accrued benefits to make an exception for plan amendments which reduce an increase resulting from an increase in benefits prohibited under this title.
Requires multiemployer plan administrators to notify plan participants, beneficiaries, and contributing employers of the plan's funding status and the limits of the guarantee by the Pension Benefit Guaranty Corporation (PBGC) if the plan becomes insolvent.
Title II: Actuarial Assumptions
- Requires multiemployer plans to adopt the interest rate and mortality tables of title I.
Title III: Administration and Enforcement
- Grants employers that contribute to multiemployer plans the right to seek an injunction against a plan to prevent an impermissible benefit increase or any other violation of title I or II of this Act, or obtain other appropriate relief to redress such violations or enforce such provisions.
Authorizes a court, in its discretion, to award reasonable attorney's fees and costs to either party in such actions.
Title IV: Miscellaneous Provisions
- Eliminates a special vesting rule for multiemployer plans. Conforms vesting rules for multiemployer plans to those applicable to other qualified (single- employer) plans (thus requiring that a worker's accrued benefits be 100-percent vested after five years of service rather than the current ten years). | {"src": "billsum_train", "title": "Workers' Pension Protection Act of 1996"} | 2,465 | 542 | 0.604072 | 1.796841 | 0.746006 | 1.969697 | 4.93007 | 0.799534 |
.--(1) For purposes
of subsection (a) and this subsection, the term `joint resolution'
means only a joint resolution introduced by a qualifying Member
specified in paragraph (2) after the date on which the report of the
President under subsection (b)(1) is received by the Congress--
``(A) the matter after the resolving clause of which is as
follows: `That the Congress hereby concurs in the certification
of the President relating to deployment of a National Missile
Defense system as submitted to Congress pursuant to section
4(b) of the National Missile Defense Act of 1999.';
``(B) which does not have a preamble; and
``(C) the title of which is as follows: `Joint resolution
relating to deployment of a National Missile Defense system.'.
``(2) For purposes of this subsection, a qualifying Member
described in this paragraph is--
``(A) in the case of the House of Representatives, the
majority leader or minority leader of the House of
Representatives or a Member of the House of Representatives
designated by the majority leader or minority leader; and
``(B) in the case of the Senate, the majority leader or
minority leader of the Senate or a Member of the Senate
designated by the majority leader or minority leader.
``(3) The provisions of paragraphs (3) through (8) of section 4(c)
of the National Missile Defense Deployment Criteria Act of 2000 shall
apply to a joint resolution under this subsection in the same manner as
to a joint resolution under such section.''.
SEC. 4. LIMITATION ON OBLIGATION OF FUNDS FOR PROCUREMENT FOR NATIONAL
MISSILE DEFENSE SYSTEM.
(a) Limitation.--No funds appropriated to the Department of Defense
for procurement may be obligated for the National Missile Defense
system unless--
(1) the President submits to Congress a report concerning
testing of the National Missile Defense system against
countermeasures that includes a certification described in
subsection (b); and
(2) a joint resolution concurring in the President's
certification in such report is enacted as provided for in this
section.
(b) Presidential Certification.--A certification described in this
subsection is a certification by the President that--
(1) an adequate testing program for the National Missile
Defense system is in place to meet the threats identified in
the report required under section 3(c);
(2) adequate ground and flight testing of the system has
been conducted against the countermeasures that are likely to
be used against the system and that other countries have or
likely could acquire.
(c) Expedited Procedures for Joint Resolution.--(1) For purposes of
subsection (a) and this subsection, the term ``joint resolution'' means
only a joint resolution introduced by a qualifying Member specified in
paragraph (2) after the date on which the report of the President under
subsection (b)(1) is received by the Congress--
(A) the matter after the resolving clause of which is as
follows: ``That the Congress hereby concurs in the
determination of the President relating to the establishment of
a program for operationally realistic testing against
countermeasures for a National Missile Defense system as
submitted to Congress pursuant to section 4 of the National
Missile Defense Deployment Criteria Act of 2000.'';
(B) which does not have a preamble; and
(C) the title of which is as follows: ``Joint resolution
relating to establishment of a program for operationally
realistic testing against countermeasures for a National
Missile Defense system.''.
(2) For purposes of this subsection, a qualifying Member described
in this paragraph is--
(A) in the case of the House of Representatives, the
majority leader or minority leader of the House of
Representatives or a Member of the House of Representatives
designated by the majority leader or minority leader; and
(B) in the case of the Senate, the majority leader or
minority leader of the Senate or a Member of the Senate
designated by the majority leader or minority leader.
(3) If a committee to which is referred a joint resolution
described in paragraph (1) has not reported such joint resolution by
the end of 60 legislative days of continuous session of Congress
beginning on the date of its introduction, such committee shall be
discharged from further consideration of such joint resolution and such
joint resolution shall be placed on the appropriate calendar of the
House involved.
(4)(A) A joint resolution described in paragraph (1) shall be
considered in the House of Representatives in accordance with this
paragraph. When the committee to which such a joint resolution was
referred has reported, or has been discharged from further
consideration of, the joint resolution, it shall be in order, on or
after the third calendar day thereafter (excluding Saturdays, Sundays,
or legal holidays, except when the House of Representatives is in
session on such a day) for any Member of the House to move to proceed
to the consideration of the joint resolution, but only on the day after
the calendar day on which the Member announces to the House the
Member's intention to do so. Such motion is privileged and is not
debatable. The motion is not subject to amendment or to a motion to
postpone. A motion to reconsider the vote by which the motion is agreed
to shall not be in order. If a motion to proceed to the consideration
of the joint resolution is agreed to, the House shall immediately
proceed to consideration of the joint resolution, which shall remain
the unfinished business of the House until disposed of.
(B) Debate on the joint resolution, and on all debatable motions
and appeals in connection therewith, shall be limited to not more than
two hours, which shall be divided equally between those favoring and
those opposing the joint resolution. An amendment to the joint
resolution is not in order. A motion further to limit debate is in
order and is not debatable. A motion to table, a motion to postpone, or
a motion to recommit the joint resolution is not in order. A motion to
reconsider the vote by which the joint resolution is agreed to or
disagreed to is not in order.
(C) Appeals from the decisions of the Chair with respect to the
procedure relating to a joint resolution described in paragraph (1)
shall be decided without debate.
(5) A joint resolution described in paragraph (1) shall be
considered in the Senate in accordance with the provisions of section
601(b)(4) of the International Security Assistance and Arms Export
Control Act of 1976.
(6) If, before the passage by one House of a joint resolution of
that House described in paragraph (1), that House receives from the
other House a joint resolution described in paragraph (1), then the
following procedures shall apply:
(A) The joint resolution of the other House shall not be
referred to a committee and may not be considered in the House
receiving it except in the case of final passage as provided in
subparagraph (B)(ii).
(B) With respect to a joint resolution described in
paragraph (1) of the House receiving the joint resolution--
(i) the procedure in that House shall be the same
as if no joint resolution had been received from the
other House; but
(ii) the vote on final passage shall be on the
joint resolution of the other House.
(C) Upon disposition of the joint resolution received from
the other House, it shall no longer be in order to consider the
joint resolution that originated in the receiving House.
(7) In the computation of the period of 60 days referred to in
paragraph (3)--
(A) a legislative day, with respect to a committee of
either House to which a joint resolution was referred, is a
calendar day on which that House is in session; and
(B) continuity of session of Congress is broken only by an
adjournment sine die at the end of the second session of a
Congress.
(8) The provisions of this subsection are enacted by the Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and, as such,
shall be considered as part of the rules of either House and
shall supersede other rules only to the extent they are
inconsistent therewith; and
(B) with full recognition of the constitutional right of
either House to change the rules so far as they relate to the
procedures of that House at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
SEC. 5. OPERATIONALLY REALISTIC TESTING AGAINST COUNTERMEASURES FOR
NATIONAL MISSILE DEFENSE.
(a) Testing Requirements.--The Secretary of Defense shall direct
the Ballistic Missile Defense Organization--
(1) to include in the ground and flight testing of the
National Missile Defense system that is conducted before the
system becomes operational any countermeasures (including
decoys) that--
(A) are likely, or at least realistically possible,
to be used against the system; and
(B) are chosen for testing on the basis of what
countermeasure capabilities a long-range missile could
have and is likely to have, taking into consideration
the technology that the country deploying the missile
would have or could likely acquire; and
(2) to determine the extent to which the exoatmospheric
kill vehicle and the National Missile Defense system can
reliably discriminate between warheads and such
countermeasures.
(b) Funding Requirements.--The Secretary, in consultation with the
Director of the Ballistic Missile Defense Organization, shall--
(1) determine the amount of additional funding, if any, for
the National Missile Defense system (in addition to that
previously programmed) that may be necessary for the Secretary
to fulfill the requirements set forth in subsection (a) in
fiscal years after fiscal year 2001; and
(2) submit that determination to the congressional defense
committees at the same time that the President submits the
budget for fiscal year 2002 to Congress under section 1105(a)
of title 31, United States Code.
(c) Report by Secretary of Defense.--(1) The Secretary of Defense
shall submit to Congress, not later than April 15 each year, an annual
report on the Department's efforts to establish a program for
operationally realistic testing of the National Missile Defense system
against countermeasures. The report shall be submitted in both
classified and unclassified form.
(2) Each such report shall include the Secretary's assessment of
the following:
(A) The countermeasures available to foreign countries with
ballistic missiles that the National Missile Defense system
could encounter in a launch of such missiles against the United
States.
(B) The ability of the National Missile Defense system to
defeat such countermeasures, including the ability of the
system to discriminate between countermeasures and reentry
vehicles.
(C) The plans to demonstrate the capability of the National
Missile Defense system to defeat such countermeasures and the
adequacy of the ground and flight testing to demonstrate that
capability.
(3) No annual report is required under this subsection after the
National Missile Defense system becomes operational.
(d) Independent Review Panel.--(1) The Secretary of Defense shall
seek to arrange for the National Academy of Science to establish an
independent panel to be composed of scientific and technical experts.
(2) The Panel shall assess the following:
(A) The countermeasures available for use against the
United States National Missile Defense system.
(B) The operational effectiveness of that system against
those countermeasures.
(C) The adequacy of the National Missile Defense flight
testing program to demonstrate the capability of the system to
defeat the countermeasures.
(3) After conducting the assessment required under paragraph (2),
the Panel shall evaluate--
(A) whether sufficient ground and flight testing of the
system will have been conducted before the system becomes
operational to support the making of a determination, with a
justifiably high level of confidence, regarding the operational
effectiveness of the system;
(B) whether adequate ground and flight testing of the
system will have been conducted, before the system becomes
operational, against the countermeasures that are likely, or at
least realistically possible, to be used against the system and
that other countries have or likely could acquire; and
(C) whether the exoatmospheric kill vehicle and the rest of
the National Missile Defense system can reliably discriminate
between warheads and such countermeasures.
(4) Not later than April 15 each year, the Panel shall submit to
the Secretary of Defense and to Congress a report on its assessments
and evaluations. The report shall include any recommendations for
improving the flight testing program for the National Missile Defense
system or the operational capability of the system to defeat
countermeasures that the Panel determines appropriate.
(e) Countermeasure Defined.--In this section, the term
``countermeasure''--
(1) means any deliberate action taken by a country with
long-range ballistic missiles to defeat or otherwise counter a
United States National Missile Defense system; and
(2) includes, among other actions--
(A) use of a submunition released by a ballistic
missile soon after the boost phase of the missile;
(B) use of anti-simulation, together with such
decoys as Mylar balloons, to disguise the signature of
the warhead; and
(C) use of a shroud cooled with liquid nitrogen to
reduce the infrared signature of the warhead. | Prohibits the President from directing DOD to deploy a system unless and until: (1) the President certifies to Congress that the above deployment conditions have been met; and (2) a joint resolution is enacted concurring in the President's certification.
(Sec. 4) Prohibits DOD procurement funds from being obligated for a system unless: (1) the President certifies to Congress that adequate system tests have been undertaken to meet identified threats against countermeasures; and (2) a joint resolution is enacted concurring in the President's certification. Outlines procedures for the consideration of each joint resolution.
(Sec. 5) Requires the Secretary of Defense to direct the Ballistic Missile Defense Organization to: (1) include specified system countermeasures in system ground and flight testing conducted before the system becomes operational; and (2) determine the extent to which the exoatmospheric kill vehicle and the system can reliably discriminate between warheads and such countermeasures. Directs the Secretary to determine the funding required for fiscal years after 2001 for such countermeasures testing, and to submit such determination to the congressional defense committees. Requires an annual report from the Secretary to Congress on DOD's efforts to establish a program for operationally realistic system testing against countermeasures. Terminate the report requirement when a system becomes operational.
Directs the Secretary to have the National Academy of Science establish an independent review panel of scientific and technical experts to assess system countermeasures, the system's operational effectiveness against such countermeasures, and the adequacy of the system's flight testing program. Requires: (1) an evaluation of system testing following such assessment; and (2) an annual report from the panel to the Secretary and Congress on such assessment and evaluation. | {"src": "billsum_train", "title": "National Missile Defense Deployment Criteria Act of 2000"} | 2,894 | 387 | 0.634501 | 1.925222 | 0.888119 | 2.69969 | 8.529412 | 0.916409 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air and Health Quality Empowerment
Zone Designation Act of 2012''.
SEC. 2. AIR AND HEALTH QUALITY EMPOWERMENT ZONES.
(a) Designation of Air and Health Quality Empowerment Zones.--
(1) In general.--The Administrator may designate an area as
an air and health quality empowerment zone if--
(A) the air pollution control district or other
local governmental entity authorized to regulate air
quality for the area submits an application under
paragraph (2) nominating the area for such designation;
and
(B) the Administrator determines that--
(i) the information in the application is
reasonably accurate; and
(ii) the nominated area satisfies the
eligibility criteria described in paragraph
(3).
(2) Nomination.--To nominate an area for designation under
paragraph (1), the air pollution control district or other
local governmental entity authorized to regulate air quality
for the area shall submit to the Administrator an application
that--
(A) demonstrates that the nominated area satisfies
the eligibility criteria described in paragraph (3);
and
(B) includes a strategic plan that--
(i) is designed for--
(I) addressing air quality
challenges and achieving attainment of
air quality standards in the area; and
(II) improving the health of the
population in the area;
(ii) describes--
(I) the process by which the
district or local governmental entity
is a full partner in the process of
developing and implementing the
strategic plan; and
(II) the extent to which local
institutions and organizations have
contributed to the planning process;
(iii) identifies--
(I) the amount of State, local, and
private resources that will be
available for carrying out the
strategic plan; and
(II) the private and public
partnerships to be used (which may
include participation by, and
cooperation with, institutions of
higher education, medical centers, and
other private and public entities) in
carrying out the strategic plan;
(iv) identifies the funding requested under
any Federal program in support of the strategic
plan;
(v) identifies baselines, methods, and
benchmarks for measuring the success of the
strategic plan; and
(vi) includes such other information as may
be required by the Administrator; and
(C) provides written assurances satisfactory to the
Administrator that the strategic plan will be
implemented.
(3) Eligibility criteria.--To be eligible for designation
under paragraph (1), an area must meet all of the following
criteria:
(A) Nonattainment.--The area has been designated as
being--
(i) in extreme nonattainment of the
national ambient air quality standard for
ozone; and
(ii) in nonattainment of the national
ambient air quality standard for
PM<INF>2.5</INF>.
(B) Agricultural sources.--The area had--
(i) emissions of oxides of nitrogen from
farm equipment of at least 30 tons per day in
calendar year 2011; or
(ii) emissions of volatile organic
compounds from farming operations of at least 3
tons per day in calendar year 2010.
(C) Air quality-related health effects.--As of the
date of designation, the area meets or exceeds the
national average per capita incidence of asthma.
(D) Economic impact.--As of the date of
designation, the area experiences unemployment rates
higher than the national average.
(E) Matching funds.--The air pollution control
district or other local governmental entity submitting
the strategic plan under paragraph (2) for the area
agrees that it will make available (directly or through
contributions from the State or other public or private
entities) non-Federal contributions toward the
activities to be carried out under the strategic plan
in an amount equal to $1 for each $1 of Federal funds
provided for such activities. Such non-Federal matching
funds may be in cash or in-kind, fairly evaluated,
including plant, equipment, or services.
(4) Period of designation.--A designation under paragraph
(1) shall remain in effect during the period beginning on the
date of the designation and ending on the earlier of--
(A) the last day of the tenth calendar year ending
after the date of the designation; or
(B) the date on which the Administrator revokes the
designation.
(5) Revocation of designation.--The Administrator may
revoke the designation under paragraph (1) of an area if the
Administrator determines that--
(A) the area is in attainment with the national
ambient air quality standards for PM<INF>2.5</INF> and
ozone; or
(B) the air pollution control district or other
local governmental entity submitting the strategic plan
under paragraph (2) for the area is not complying
substantially with, or fails to make progress in
achieving the goals of, such strategic plan.
(b) Grants for Air and Health Quality Empowerment Zones.--
(1) In general.--For the purpose described in paragraph
(2), the Administrator may award one or more grants to the air
pollution control district or local governmental entity
submitting the application under subsection (a)(2) on behalf of
each air and health quality empowerment zone designated under
subsection (a)(1).
(2) Use of grants.--A recipient of a grant under paragraph
(1) shall use the grant solely for the purpose of carrying out
the strategic plan submitted by the recipient under subsection
(a)(2).
(3) Amount of grants.--The amount awarded under this
subsection with respect to a designated air and health quality
empowerment zone shall be determined by the Administrator based
upon a review of--
(A) the information contained in the application
for the zone under subsection (a)(2); and
(B) the needs set forth in the application for
those anticipated to benefit from the strategic plan
submitted for the zone.
(4) Timing of grants.--To the extent and in the amount of
appropriations made available in advance, the Administrator
shall--
(A) award a grant under this subsection with
respect to each air and health quality empowerment zone
on the date of designation of the zone under subsection
(a)(1); and
(B) make the grant funds available to the grantee
on the first day of the first fiscal year that begins
after the date of such designation.
(5) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated $20,000,000
for each of fiscal years 2013 through 2017.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) PM<INF>2.5</INF>.--The term ``PM<INF>2.5</INF>'' means
particulate matter with a diameter that does not exceed 2.5
micrometers.
SEC. 3. REPORT TO CONGRESS.
Not later than 5 years after the date of the enactment of this Act,
the Administrator of the Environmental Protection Agency--
(1) shall submit a report to the Congress on the impact of
this Act; and
(2) may include in such report a description of the impact
of this Act in regard to--
(A) the reduction of particulate matter and
nitrogen oxides emissions;
(B) the reduction of asthma rates and other health
indicators; and
(C) economic indicators. | Air and Health Quality Empowerment Zone Designation Act of 2012 - Allows the Administrator of the Environmental Protection Agency (EPA) to designate an area as an air and health quality empowerment zone if the air pollution control district or other local governmental entity (area entity) authorized to regulate air quality for the area nominates the area for such designation, including by submitting a strategic plan designed to address air quality challenges, achieve attainment of air quality standards, and improve the health of the population in the area.
Requires a designated area to meet the following criteria: (1) it has been designated as being in extreme nonattainment of the national ambient air quality standard for ozone and in nonattainment of the national ambient air quality standard for PM2.5 (particulate matter diameter); (2) it had nitrogen oxide emissions from farm equipment or emissions of volatile organic compounds from farming in excess of specified limits; (3) it meets or exceeds the national average per capita incidence of asthma; (4) it experiences unemployment rates higher than the national average; and (5) the area entity will provide matching contributions of federal funds toward the activities to be carried out under the strategic plan, which may be in cash or in-kind, fairly evaluated, including plant, equipment, or services.
Makes the effective period of area designation the shorter of 10 years or the period ending with revocation by the Administrator.
Authorizes grants to an area entity on behalf of each air and health quality empowerment zone for the purpose of carrying out the strategic plan submitted under this Act.
Requires a report to Congress on the impact of this Act. | {"src": "billsum_train", "title": "To provide for the designation of, and the award of grant with respect to, air and health quality empowerment zones."} | 1,639 | 339 | 0.659238 | 1.971046 | 0.804015 | 3.744409 | 4.773163 | 0.932907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Museum of Natural History
125th Anniversary Commemorative Coin Act''.
SEC. 2. COIN SPECIFICATIONS.
(a) One Dollar Silver Coins.--
(1) Issuance.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall issue not more
than 600,000 one-dollar coins each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) be composed of 90 percent silver and 10 percent
copper.
(2) Design.--The design of the dollar coins shall be
emblematic of a prehistoric dinosaur, contain the inscription
``American Museum of Natural History'', and a view of the east
front (located on Central Park West in New York City) of the
American Museum of Natural History. On each coin shall be a
designation of the value of the coin, an inscription of the
year ``1995'', and inscriptions of the words ``Liberty'', ``In
God We Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(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 5132(a)(1) of title
31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for the coins minted under this
Act from stockpiles established under the Strategic and Critical
Minerals Stock Piling Act.
SEC. 4. SELECTION OF DESIGN.
Subject to section 2(a)(2), the design for each coin authorized by
this Act shall be--
(1) selected by the Secretary after consultation with the
licensing and marketing manager of the American Museum of
Natural History and the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF THE COINS.
(a) Period for Issuance.--The coins minted under this Act may be
issued by the Secretary beginning on January 1, 1995.
(b) Termination of Authority.--Coins may not be minted under this
Act after December 31, 1995.
(c) Use of 1 Mint Facility.--Only 1 facility of the United States
Mint may be used to strike any particular quality of the coins minted
under this Act.
(d) Proof and Uncirculated Coins.--The coins minted under this Act
shall be issued in uncirculated and proof qualities.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
Secretary shall sell the coins minted under this Act at a price equal
to the sum of the face value, the surcharge required under subsection
(c), and the cost of designing and issuing the coins (including labor,
materials, dies, use of machinery, and overhead expenses).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins minted under this Act at a reasonable discount.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins minted under this Act prior to the issuance of such coins.
Sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Surcharge.--All sales of coins minted under this Act shall
include a surcharge of $10.00 per coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
The surcharges received by the Secretary from the sale of the coins
issued under this Act shall be promptly paid by the Secretary to the
Budgetary Fund for the American Museum of Natural History.
SEC. 9. AUDITS.
The Comptroller General shall have the right to examine such books,
records, documents, and other data of the Budgetary Fund of the
American Museum of Natural History as may be related to the expenditure
of amounts paid under section 8.
SEC. 10. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | American Museum of Natural History 125th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) issue one-dollar silver coins emblematic of a prehistoric dinosaur and a view of the east front of the American Museum of Natural History (located on Central Park West in New York City); and (2) pay surcharges received from coin sales to the Budgetary Fund for the Museum. | {"src": "billsum_train", "title": "American Museum of Natural History 125th Anniversary Commemorative Coin Act"} | 1,205 | 87 | 0.558874 | 1.373543 | 1.045769 | 4.415584 | 13.571429 | 0.961039 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radio Free Asia Act of 1997''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Government of the People's Republic of China
systematically controls the flow of information to the Chinese
people.
(2) The Government of the People's Republic of China
demonstrated that maintaining its monopoly on political power
is a higher priority than economic development by announcing in
January 1996 that its official news agency Xinhua, will
supervise wire services selling economic information, including
Dow Jones-Telerate, Bloomberg, and Reuters Business, and in
announcing in February of 1996 the ``Interim Internet
Management Rules'', which have the effect of censoring computer
networks.
(3) Under the May 30, 1997, order of Premier Li Peng, all
organizations that engage in business activities related to
international computer networking must now apply for a license,
increasing still further government control over access to the
internet.
(4) Both Radio Free Asia and the Voice of America, as a
surrogate for a free press in the People's Republic of China,
provide an invaluable source of uncensored information to the
Chinese people, including objective and authoritative news of
in-country and regional events, as well as accurate news about
the United States and its policies.
(5) Radio Free Asia currently broadcasts only 5 hours a day
in the Mandarin dialect and 2 hours a day in Tibetan.
(6) Voice of America currently broadcasts only 10 hours a
day in Mandarin and 3\1/2\ hours a day in Tibetan.
(7) Radio Free Asia and Voice of America should develop 24-
hour-a-day service in Mandarin, Cantonese, and Tibetan, as well
as further broadcasting capability in the dialects spoken in
Xinjiang and other regions of the People's Republic of China.
(8) Radio Free Asia and Voice of America, in working toward
continuously broadcasting the People's Republic of China in
multiple languages, have the capability to immediately
establish 24-hour-a-day Mandarin broadcasting to that nation by
staggering the hours of Radio Free Asia and Voice of America.
(9) Simultaneous broadcasting on Voice of America radio and
Worldnet television 7 days a week in Mandarin are also
important and needed capabilities.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR INCREASED FUNDING FOR RADIO
FREE ASIA AND VOICE OF AMERICA BROADCASTING TO CHINA.
(a) Authorization of Appropriations for Radio Free Asia.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Radio Free Asia'' $30,000,000 for
fiscal year 1998 and $22,000,000 for fiscal year 1999.
(2) Limitations.--
(A)(i) Of the funds under paragraph (1) authorized
to be appropriated for fiscal year 1998, $8,000,000 is
authorized to be appropriated for one-time capital
costs.
(ii) Of the funds under clause (i), $900,000 is
authorized to be appropriated for additional advanced
editing equipment.
(B) Of the funds under paragraph (1), $1,200,000 is
authorized to be appropriated for each such fiscal year
for additional personnel to staff Cantonese language
broadcasting.
(b) Authorization of Appropriations for International Broadcasting
to China.--In addition to such sums as are otherwise authorized to be
appropriated for ``International Broadcasting Activities'' for fiscal
years 1998 and 1999, there are authorized to be appropriated for
``International Broadcasting Activities'' $10,000,000 for fiscal year
1998 and $7,000,000 for fiscal year 1999, which shall be available only
for enhanced Voice of America broadcasting to China.
(c) Authorization of Appropriations for Radio Construction.--
(1) Authorization of appropriations.--In addition to such
sums as are otherwise authorized to be appropriated for ``Radio
Construction'' for fiscal years 1998 and 1999, there are
authorized to be appropriated for ``Radio Construction''
$10,000,000 for fiscal year 1998 and $3,000,000 for fiscal year
1999, which shall be available only for construction in support
of enhanced broadcasting to China.
(2) Limitation.--Of the funds under paragraph (1)
authorized to be appropriated for fiscal year 1998, $3,000,000
is authorized to be appropriated to facilitate the timely
augmentation of transmitters at Tinian, Marshall Islands.
(d) Allocation.--Of the amounts authorized to be appropriated for
``International Broadcasting Activities'', the Director of the United
States Information Agency and the Board of Broadcasting Governors shall
seek to ensure that the amounts made available for broadcasting to
nations whose people do not fully enjoy freedom of expression do not
decline in proportion to the amounts made available for broadcasting to
other nations.
SEC. 4. REPORTING REQUIREMENT.
Not later than 90 days after the date of enactment of this Act, in
consultation with the Board of Broadcasting Governors, the President
shall prepare and transmit to Congress a report on a plan to achieve
continuous broadcasting of Radio Free Asia and Voice of America to the
People's Republic of China in multiple major dialects and languages. | Radio Free Asia Act of 1997 - Authorizes appropriations for FY 1998 and 1999 for: (1) Radio Free Asia; (2) international broadcasting activities, with specified amounts available only for enhanced Voice of America broadcasting to China; and (3) radio construction, with specified amounts only for construction in support of enhanced broadcasting to China. Earmarks amounts for: (1) one-time capital costs; (2) additional advanced editing equipment; (3) additional personnel to staff Cantonese language broadcasting; and (4) augmentation of transmitters at Tinian, Marshall Islands.
Directs the President to report to the Congress on a plan to achieve continuous broadcasting of Radio Free Asia and Voice of America to China in multiple major dialects and languages. | {"src": "billsum_train", "title": "Radio Free Asia Act of 1997"} | 1,122 | 152 | 0.54262 | 1.703429 | 0.68345 | 4.328767 | 7.006849 | 0.90411 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make Every Vote Count Act''.
SEC. 2. VOTING MODERNIZATION PROGRAM.
(a) Grants Authorized.--The Federal Election Commission (referred
to in this Act as the ``Commission'') is authorized to award matching
grants to encourage States and local voting areas to modernize
applicable voting systems used for voting and to enhance voter
participation.
(b) Use of Funds.--
(1) State.--Amounts received under this section by a State
shall be--
(A) disbursed to eligible local voting areas in
accordance with subsection (d) to replace applicable
voting systems used in elections for Federal office in
eligible local voting areas with advanced voting
systems, such as electronic voting systems; and
(B) from any amounts not disbursed under
subparagraph (A) or amounts received from eligible
local voting areas under paragraph (2), used--
(i) to enhance voter participation through
activities such as improving registration of
voters, expanding training of election
officials, and upgrading other voting
equipment; and
(ii) to reimburse any costs incurred by the
State as a result of the amendments made under
section 3.
(2) Eligible local voting area.--Amounts received under
this section by an eligible local voting area shall be--
(A) used to replace applicable voting systems used
in elections for Federal office in the voting area with
an advanced voting system (as determined under
paragraph (3)(B)), such as electronic voting systems;
(B) in an amount not in excess of 33 percent of the
amount received, used--
(i) to train election officials and educate
voters in the use of advanced voting systems
implemented under subparagraph (A); and
(ii) to reimburse any costs incurred by the
voting area as a result of the amendments made
under section 3;
(C) to the extent that all applicable voting
systems in the voting area are replaced under
subparagraph (A), for purposes described in
subparagraph (B); and
(D) to the extent any amount is not needed for a
use under this paragraph, transferred to the State for
use under paragraph (1)(B).
(3) Replacement of systems.--
(A) In general.--Applicable voting systems replaced
under paragraph (1) shall only be replaced with an
advanced voting system, as determined under
subparagraph (B), that significantly lowers error rates
in voting procedures with the intent of eventually
replacing all applicable voting systems in the State
with a single advanced voting system.
(B) Determination of system to be used.--Not later
than 60 days after receiving a grant under this
section, the chief election official of the State shall
determine the single advanced voting system to be used
to replace the applicable voting systems in the State
under this subsection.
(c) Requirement of Matching Funds.--A State that receives a grant
under this section shall agree to expend State or local funds in an
amount equal to 20 percent of the amount of the grant for any purpose
for which the grant was awarded.
(d) Disbursement of Funds.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Commission shall make grants to
eligible States in accordance with this subsection.
(2) Amount of grant awards.--For purposes of making grants
under this subsection, the Commission shall allocate to each
eligible State an amount that bears the same ratio to the total
amount allocated under this section as--
(A) the number of applicable voting systems in use
in the eligible State; bears to
(B) the total number of such systems in use in all
eligible States receiving grants under this section.
(3) States.--
(A) Requirements.--Not later than 90 days after a
grant is received under this subsection, the State
election official shall--
(i) notify local election officials of the
grant availability and the requirements of the
grant; and
(ii) expeditiously disburse such proceeds
to eligible local voting areas for use under
this section.
(B) Formula.--The State election official shall
disburse to each eligible local voting area an amount
that bears the same ratio to the total amount the State
receives under this section as--
(i) the total number of applicable voting
systems in use in the eligible local voting
area; bears to
(ii) the total number of such systems in
use in all local voting areas in the State.
(4) Determination of number of applicable voting systems.--
(A) In general.--Except as provided in subparagraph
(B), the number of applicable voting systems in a State
or local voting area shall be determined in such manner
as the Commission determines reasonable.
(B) Paper ballot.--In the case of an applicable
voting system that is a paper ballot, the number shall
be an amount equal to the number of registered voters
in the State or local voting area using the paper
ballot, as applicable, divided by 200.
(e) Opt-Out Provision.--An eligible State may opt to not receive
any amount under this section if, not later than 30 days after the date
of enactment of this Act, the State notifies the Commission that the
State does not want to receive a grant under this section.
(f) Definitions.--In this section:
(1) Advanced voting system.--The term ``advanced voting
system'' means a system that--
(A) does not allow for overvotes;
(B) significantly reduces undervotes from voter
error (such as by indicating any office on the ballot
for which the voter has not cast a vote);
(C) provides a record of a ballot cast;
(D) significantly reduces recount error in
comparison to the system being replaced; and
(E) ensures accessibility to voters with
disabilities.
(2) Applicable voting system.--The term ``applicable voting
system'' means--
(A) a lever machine;
(B) a punchcard system; or
(C) a paper ballot.
(3) Eligible local voting area.--The term ``eligible local
voting area'' means a local voting area that--
(A) uses an applicable voting system; and
(B) not later than 30 days after the date the area
receives notification of grant availability under
subsection (d)(3)(A), notifies the State election
official of the acceptance of the grant.
(4) Eligible state.--The term ``eligible State'' means a
State that has a local voting area that uses an applicable
voting system.
(5) Lever machine.--The term ``lever machine'' means a
voting device that employs a lever to cast a vote for a
candidate from a list of candidates posted on a ballot and
records the vote by advancing a counting mechanism.
(6) Local voting area.--The term ``local voting area''
means the unit of local government in a State for which a local
agency is responsible for administering elections and the
purchase and maintenance of voting equipment, such as a county.
(7) Paper ballot.--The term ``paper ballot'' means a method
of voting that employs a paper ballot--
(A) that is counted by hand;
(B) containing all choices for the offices in the
election;
(C) on which the voter casts a vote by marking the
ballot; and
(D) the results of which are confidential.
(8) Punchcard system.--The term ``punchcard system'' means
a voting device, such as the Votomatic machine, that employs a
stylus which punches through the ballot to record a vote.
(g) Authorization of Appropriations.--There is authorized to be
appropriated, and there is appropriated, $1,000,000,000 to carry out
the provisions of this section.
SEC. 3. MILITARY VOTING PROVISIONS.
(a) Guarantee of Residency.--Article VII of the Soldiers' and
Sailors' Civil Relief Act of 1940 (50 U.S.C. 590 et seq.) is amended by
adding at the end the following:
``Sec. 704. (a) For purposes of voting for an office of the United
States or of a State, a person who is absent from a State in compliance
with military or naval orders shall not, solely by reason of that
absence--
``(1) be deemed to have lost a residence or domicile in
that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become resident in or a resident of
any other State.
``(b) In this section, the term `State' includes a territory or
possession of the United States, a political subdivision of a State,
territory, or possession, and the District of Columbia.''.
(b) State Responsibility to Guarantee Military Voting Rights.--
(1) Registration and balloting.--Section 102 of the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff-1) is amended--
(A) by inserting ``(a) Elections for Federal
Offices.--'' before ``Each State shall--''; and
(B) by adding at the end the following:
``(b) Elections for State and Local Offices.--Each State shall--
``(1) permit absent uniformed services voters to use
absentee registration procedures and to vote by absentee ballot
in general, special, primary, and run-off elections for State
and local offices; and
``(2) accept and process, with respect to any election
described in paragraph (1), any otherwise valid voter
registration application from an absent uniformed services
voter if the application is received by the appropriate State
election official not less than 30 days before the election.''.
(2) Conforming amendment.--The heading for title I of such
Act is amended by striking ``FOR FEDERAL OFFICE''. | Make Every Vote Count Act - Authorizes the Federal Election Commission (FEC) to award matching grants to encourage States and local voting areas to modernize applicable voting systems and to enhance voter participation.Amends the Soldiers' and Sailors' Civil Relief Act of 1940 to provide that, for purposes of voting for a Federal or State office, a person absent from a State in compliance with military or naval orders shall not, solely by reason of that absence, be deemed to have: (1) lost a residence or domicile in that State; (2) acquired a residence or domicile in any other State; or (3) become resident in or a resident of any other State.Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to: (1) permit absent uniformed services voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and run-off elections for State and local offices; and (2) accept and process, with respect to any such election, any otherwise valid voter registration application from an absent uniformed services voter if the application is received by the appropriate State election official not less than 30 days before the election. | {"src": "billsum_train", "title": "A bill to establish a grant program administered by the Federal Election Commission for the purpose of assisting States to upgrade voting systems to use more advanced and accurate voting devices and to enhance participation by military personnel in national elections."} | 2,227 | 261 | 0.468954 | 1.375822 | 0.732577 | 6.856522 | 8.773913 | 0.969565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anticounterfeiting Consumer
Protection Act of 1995''.
SEC. 2. COUNTERFEITING AS RACKETEERING.
Section 1961(1)(B) of title 18, United States Code, is amended by
inserting ``, section 2318 (relating to trafficking in counterfeit
labels for phonorecords, computer programs or computer program
documentation or packaging and copies of motion pictures or other
audiovisual works), section 2319 (relating to criminal infringement of
a copyright), section 2320 (relating to trafficking in goods or
services bearing counterfeit marks)'' after ``sections 2314 and 2315
(relating to interstate transportation of stolen property),''.
SEC. 3. APPLICATION TO COMPUTER PROGRAMS, COMPUTER PROGRAM
DOCUMENTATION, OR PACKAGING.
Section 2318 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``a computer program or
computer program documentation or packaging or'' after ``copy
of'';
(2) in subsection (b)(3), by inserting ```computer
program,''' after ```motion picture,'''; and
(3) in subsection (c)(3), by inserting ``a copy of a
computer program or computer program documentation or
packaging,'' after ``enclose,''.
SEC. 4. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.
Section 2320 of title 18, United States Code, is amended by adding
at the end the following:
``(e) Beginning with the first year after the date of the enactment
of this subsection, the Attorney General shall include in the report of
the Attorney General to Congress on the business of the Department of
Justice prepared pursuant to section 522 of title 28, on a district by
district basis, for all actions involving trafficking in counterfeit
labels for phonorecords, copies of computer programs or computer
program documentation or packaging, copies of motion pictures or other
audiovisual works (as defined in section 2318 of title 18), criminal
infringement of copyrights (as defined in section 2319 of title 18), or
trafficking in goods or services bearing counterfeit marks (as defined
in section 2320 of title 18), an accounting of--
``(1) the number of open investigations;
``(2) the number of cases referred by the United States
Customs Service;
``(3) the number of cases referred by other agencies or
sources; and
``(4) the number and outcome, including settlements,
sentences, recoveries, and penalties, of all prosecutions
brought under sections 2318, 2319, and 2320 to title 18.''.
SEC. 5. SEIZURE OF COUNTERFEIT GOODS.
Section 34(d)(9) of the Act of July 5, 1946 (commonly known as the
Lanham Act) (15 U.S.C. 1116(d)(9)) is amended by striking the first
sentence and inserting the following: ``A court may order the seizure
of an aircraft, vehicle, or vessel used in connection with a violation
of this Act. The court shall order that service of a copy of the order
under this subsection shall be made by a Federal law enforcement
officer (such as a United States marshal or an officer or agent of the
United States Customs Service, Secret Service, Federal Bureau of
Investigation, or the United States Postal Service) or may be made by a
State or local law enforcement officer, who, upon making service, shall
carry out the seizure under the order.''.
SEC. 6. DISPOSITION OF MERCHANDISE BEARING COUNTERFEIT AMERICAN
TRADEMARK AND CIVIL PENALTIES.
Title VI of the Act of July 5, 1946 (commonly known as the Lanham
Act) (15 U.S.C. 1114 and following) is amended by inserting after
section 34 the following:
``Sec. 34A. (a) Any merchandise bearing a counterfeit mark (as
defined in section 45) imported into the United States in violation of
section 42 shall be seized by the appropriate Federal official and, in
the absence of the written consent of the trademark owner, forfeited.
Upon seizure of such merchandise, the appropriate official shall notify
the owner of the trademark, and shall, after forfeiture, destroy the
merchandise. Alternatively, if the merchandise is not unsafe or a
hazard to health, and the official has the consent of the trademark
owner, the appropriate official may obliterate the trademark where
feasible and dispose of the goods seized--
``(1) by delivery to such Federal, State, and local
government agencies as in the opinion of the appropriate
official have a need for such merchandise;
``(2) by gift to such eleemosynary institutions as in the
opinion of the appropriate official have a need for such
merchandise; or
``(3) more than 1 year after the date of forfeiture, by
sale by appropriate officials at public auction, except that
before making any such sale the official shall determine that
no Federal, State, or local government agency or eleemosynary
institution has established a need for such merchandise under
paragraph (1) or (2).
``(b)(1) Any person who directs, assists financially or otherwise,
or is in any way concerned in the importation of merchandise for sale
or public distribution that is seized under subsection (a) shall be
subject to a civil fine.
``(2) For the first such seizure, the fine shall be equal to the
value that the merchandise would have had if it were genuine, according
to the manufacturer's suggested retail price, as determined under
regulations prescribed by the Secretary of the Treasury.
``(3) For the second seizure and thereafter, the fine shall be
equal to twice the value that the merchandise would have had if it were
genuine, according to the manufacturer's suggested retail price, as
determined under regulations prescribed by the Secretary of the
Treasury.
``(4) The imposition of a fine under this subsection shall be
within the discretion of the court, and shall be in addition to any
other civil or criminal penalty or other remedy authorized by law.''.
SEC. 7. RECOVERY FOR VIOLATION OF RIGHTS.
Section 35 of the Act of July 5, 1946 (commonly known as the Lanham
Act) ( 15 U.S.C. 1117), is amended by adding at the end the following:
``(c) In a case involving the use of a counterfeit mark (as defined
in section 34(d)) in connection with the sale, offering for sale, or
distribution of goods or services, the plaintiff may elect, at any time
before final judgment is rendered by the trial court, to recover,
instead of actual damages and profits under subsection (a), an award of
statutory damages for any such use in the amount of--
``(1) not less than $500 or more than $100,000 per
counterfeit mark per type of goods or services sold, offered
for sale, or distributed, as the court considers just; or
``(2) if the court finds that the use of the counterfeit
mark was willful, not more than $1,000,000 per counterfeit mark
per type of goods or services sold, offered for sale, or
distributed, as the court considers just.''.
SEC. 8. DISPOSITION OF EXCLUDED ARTICLES.
Section 603(c) of title 17, United States Code, is amended in the
second sentence by striking ``as the case may be;'' and all that
follows through the end and inserting ``as the case may be.''.
SEC. 9. RECORDKEEPING REQUIREMENTS.
Section 42 of the Act of July 5, 1946 (commonly known as the Lanham
Act) ( 15 U.S.C. 1124) is amended--
(1) by inserting ``(a)'' after ``Sec. 42.''; and
(2) by adding at the end the following:
``(b)(1) The owner, registrant, or authorized user of a trademark
registered under this Act, and any authorized agent or representative
thereof, shall be entitled to obtain from the appropriate Federal
officers in a timely manner the following information when contained in
a vessel or aircraft manifest:
``(A) The name and address of each importer or consignee
and the name and address of the shipper to such importer or
consignee, unless the importer or consignee has made a biennial
certification, in accordance with procedures adopted by the
Secretary of the Treasury, claiming confidential treatment of
such information.
``(B) The general character of the cargo.
``(C) The number of packages and gross weight.
``(D) The name of the vessel or aircraft.
``(E) The port of loading.
``(F) The port of discharge.
``(G) The country of origin of the shipment.
``(2) The documentation relating to the entry into the United
States of imported merchandise shall contain such information as may be
necessary to determine whether the merchandise bears an infringing
trademark in violation of subsection (a) or any other applicable law,
including a trademark appearing on goods or packaging.''. | Anticounterfeiting Consumer Protection Act of 1996 - Makes the following (counterfeiting offenses) predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) unauthorized fixation of and trafficking in sound recordings and music videos of live music performances; (4) trafficking in goods or services bearing counterfeit marks; and (5) interstate transportation of stolen property.
(Sec. 4) Amends the Federal criminal code to extend to computer programs and computer program documentation and packaging existing prohibitions and penalties applicable to trafficking in counterfeit labels affixed or designed to be affixed to phonorecords or copies of a motion picture or other audiovisual work.
(Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, an accounting of all actions taken by the Department of Justice that involve counterfeiting offenses.
(Sec. 6) Amends the Lanham Act to: (1) require the court to order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of such Act; and (2) permit the plaintiff, in a case involving the use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services, to recover, instead of actual damages and profits, an award of statutory damages, as specified.
(Sec. 8) Repeals a provision allowing forfeited articles that are excluded from importation under Federal copyright law to be refunded to the country of export whenever it is shown that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law.
(Sec. 9) Amends the Tariff Act of 1930 to: (1) direct the Secretary of the Treasury, after forfeiture of merchandise bearing a counterfeit American trademark, to destroy the merchandise; or (2) alternatively, authorize the Secretary to obliterate the trademark where feasible and dispose of the goods seized as specified if the merchandise is not unsafe or a hazard to health and the Secretary has the consent of the trademark owner.
(Sec. 10) Establishes civil penalties for aiding and abetting the importation for sale or public distribution of merchandise that is seized for bearing a counterfeit American trademark. Sets limits on fines for first and subsequent seizures, based on the value that the merchandise would have had if it were genuine. Specifies that the imposition of such fine shall be within the discretion of the Customs Service and in addition to any other civil or criminal penalty or other remedy authorized by law.
(Sec. 11) Provides for the public disclosure of aircraft manifests.
(Sec. 12) Directs the Secretary to require that entry documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark.
(Sec. 13) Includes within the definition of "contraband": (1) a counterfeit label for a phonorecord, computer program or its documentation or packaging, or motion picture or other audiovisual work; (2) a phonorecord or copy that criminally infringes a copyright; (3) a prohibited unauthorized fixation of a sound recording or music video of a live musical performance; or (4) any good bearing a counterfeit mark. | {"src": "billsum_train", "title": "Anticounterfeiting Consumer Protection Act of 1996"} | 2,023 | 780 | 0.596519 | 2.012633 | 0.658645 | 3.185185 | 2.899691 | 0.839506 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Information Means a Positive
Loan Experience Act of 2007''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve--
(1) the repayment plans available to borrowers of loans
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
(2) borrowers' understanding of--
(A) the repayment plans available for such loans;
(B) the conditions under which such loans may be
cancelled or forgiven; and
(C) the availability of deferments, forbearance,
and consolidation for such loans, and the impact on the
balance of such loans and total interest paid of using
those options.
SEC. 3. FLEXIBLE REPAYMENT PLANS.
(a) Student Loan Requirements.--Section 427(a)(2)(H) of the Higher
Education Act of 1965 (20 U.S.C. 1077(a)(2)(H)) is amended by inserting
``, and, if applicable, the option of electing to delay repayment or
principal for the first 2 years of the repayment period'' before the
semicolon at the end.
(b) FFEL Repayment Plans.--Section 428(b)(9) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(9)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence of the matter preceding
clause (i), by inserting ``, and the election described
in subparagraph (C)'' after ``thereon'';
(B) in clause (ii), by inserting ``, which plan
shall be established by the lender with the informed
agreement of the borrower'' before the semicolon at the
end; and
(C) by striking clause (iv) and inserting the
following:
``(iv) for new borrowers on or after
October 7, 1998, who accumulate outstanding
loans under this part totaling more than
$20,000, an extended repayment plan, with a
fixed annual or graduated repayment amount paid
over an extended period, not to exceed 25
years, except that the borrower shall repay
annually a minimum amount determined in
accordance with paragraph (1)(L)(i).''; and
(2) by adding at the end the following:
``(C) Option for first 2 years.--A lender shall
offer each new borrower of loans on or after October 7,
1998, the opportunity to elect, for the first 2 years
of repayment of such loans, to delay the repayment of
principal, regardless of the repayment plan selected
under this paragraph.''.
(c) Direct Loan Repayment Plans.--Section 455(d) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(d)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) in the first sentence, by inserting ``,
and the election described in paragraph (6)''
after ``the loan''; and
(ii) in the third sentence, by striking
``may choose'' and inserting ``shall choose
from''; and
(B) in subparagraph (C), by striking
``428(b)(9)(A)(v)'' and inserting ``428(b)(9)(A)(iv)'';
and
(2) by adding at the end the following:
``(6) Option for first 2 years.--The Secretary shall offer
each new borrower of loans on or after October 7, 1998, the
opportunity to elect, for the first 2 years of repayment of
such loans, to delay the repayment of principal, consistent
with section 428(b)(9)(C).''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to loans for which the first disbursement is made on
or after October 7, 1998.
SEC. 4. REVISED DEFINITION OF ECONOMIC HARDSHIP.
Section 435(o)(1) of the Higher Education Act of 1965 (20 U.S.C.
1085(o)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``100 percent of
the poverty line for a family of 2'' and inserting ``150
percent of the poverty line applicable to the borrower's family
size''; and
(2) in subparagraph (B)(ii), by striking ``to a family of
2'' and inserting ``to the borrower's family size''.
SEC. 5. USEFUL AND COMPREHENSIVE STUDENT LOAN INFORMATION FOR
BORROWERS.
(a) Insurance Program Agreements.--Section 428(b)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(1)) is amended--
(1) in subparagraph (X), by striking ``and'' after the
semicolon;
(2) in subparagraph (Y)(ii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(Z) provides that the lender shall, at the time
the lender grants a deferment to a borrower who
received a loan under section 428H and is eligible for
a deferment under section 427(a)(2)(C), provide
information to the borrower to enable the borrower to
understand the impact of capitalization of interest on
the borrower's loan principal and total amount of
interest to be paid during the life of the loan.''.
(b) Guaranty Agreements.--Section 428(c)(3)(C) of the Higher
Education Act of 1965 (20 U.S.C. 1078(c)(3)(C)) is amended--
(1) in clause (i), by striking ``and'' after the semicolon;
(2) in clause (ii), by striking ``and'' after the
semicolon;
(3) by inserting after clause (ii) the following:
``(iii) the lender shall, at the time of
granting a borrower forbearance, provide
information to the borrower to enable the
borrower to understand the impact of
capitalization of interest on the borrower's
loan principal and total amount of interest to
be paid during the life of the loan; and
``(iv) the lender shall contact the
borrower not less often than once every 180
days during the period of forbearance to inform
the borrower of--
``(I) the amount of unpaid
principal and the amount of interest
that has accrued since the last
statement of such amounts provided to
the borrower by the lender;
``(II) the fact that interest will
accrue on the loan for the period of
forbearance;
``(III) the amount of interest that
will be capitalized, and the date on
which capitalization will occur;
``(IV) the ability of the borrower
to pay the interest that has accrued
before the interest is capitalized; and
``(V) the borrower's option to
discontinue the forbearance at any
time; and''.
(c) Lender Agreements.--Section 428C(b)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1078-3(b)(1)) is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) that the lender shall, upon application for a
consolidation loan, provide the borrower with
information about the possible impact of loan
consolidation, including--
``(i) the total interest to be paid and
fees to be paid on the consolidation loan, and
the length of repayment for the loan;
``(ii) whether consolidation would result
in a loss of loan benefits under this part or
part D, including loan forgiveness,
cancellation, and deferment;
``(iii) in the case of a borrower that
plans to include a Federal Perkins Loan under
part E in the consolidation loan, that once the
borrower adds the borrower's Federal Perkins
Loan to a consolidation loan--
``(I) the borrower will lose all
interest-free periods that would have
been available for such loan under part
E, such as the periods during which no
interest accrues on the Federal Perkins
Loan while the borrower is enrolled in
school at least half-time, the grace
period, and the periods during which
the borrower's student loan repayments
are deferred under section 464(c)(2);
and
``(II) the borrower will no longer
be eligible for cancellation of part or
all of a Federal Perkins loan under
section 465(a);
``(iv) the ability of the borrower to
prepay the consolidation loan, pay such loan on
a shorter schedule, and to change repayment
plans;
``(v) that borrower benefit programs for a
consolidation loan may vary among different
lenders;
``(vi) the consequences of default on the
consolidation loan; and
``(vii) that by applying for a
consolidation loan, the borrower is not
obligated to agree to take the consolidation
loan; and''.
(d) Information Dissemination.--Subparagraph (M) of section
485(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)(M))
is amended to read as follows:
``(M) the terms and conditions of the loans that students
receive under parts B, D, and E;''.
(e) Exit Counseling.--Subparagraph (A) of section 485(b)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1092(b)(1)(A)) is amended by
striking the subparagraph designation and all that follows through
``465.'' and inserting the following: ``(A) Each eligible institution
shall, through financial aid offices or otherwise, provide counseling
to borrowers of loans that are made, insured, or guaranteed under part
B (other than loans made pursuant to section 428C or loans made to
parents pursuant to section 428B), or made under part D (other than
Federal Direct Consolidation Loans or Federal Direct PLUS Loans made to
parents) or E, prior to the completion of the course of study for which
the borrower enrolled at the institution or at the time of departure
from such institution. The counseling required by this subsection shall
include--
``(i) information on the repayment plans available,
including a discussion of the different features of each plan
and sample information showing the difference in interest paid
and total payments under each plan;
``(ii) the average anticipated monthly repayments under the
standard repayment plan and, at the borrower's request, the
other repayment plans for which the borrower is eligible;
``(iii) such debt and management strategies as the
institution determines are designed to facilitate the repayment
of such indebtedness;
``(iv) an explanation that the borrower has the ability to
prepay each such loan, pay the loan on a shorter schedule, and
change repayment plans;
``(v) the terms and conditions under which the student may
obtain full or partial forgiveness or cancellation of principal
or interest under sections 428J, 460, and 465 (to the extent
that such sections are applicable to the student's loans);
``(vi) the terms and conditions under which the student may
defer repayment of principal or interest or be granted
forbearance under subsections (b)(1)(M) and (o) of section 428,
428H(e)(7), subsections (f) and (l) of section 455, and section
464(c)(2), and the potential impact of such deferment or
forbearance;
``(vii) the consequences of default on such loans;
``(viii) information on the effects of using a
consolidation loan to discharge the borrower's loans under
parts B, D, and E, including, at a minimum--
``(I) the effects of consolidation on total
interest to be paid, fees to be paid, and length of
repayment;
``(II) the effects of consolidation on a borrower's
underlying loan benefits, including all grace periods,
loan forgiveness, cancellation, and deferment
opportunities;
``(III) the ability of the borrower to prepay the
loan or change repayment plans; and
``(IV) that borrower benefit programs may vary
among different loan holders; and
``(ix) a notice to borrowers about the availability of the
National Student Loan Data System and how the system can be
used by a borrower to obtain information on the status of the
borrower's loans.''.
(f) Conforming Amendment.--Section 455(g) of the Higher Education
Act of 1965 (20 U.S.C. 1087e(g)) is amended by striking
``428C(b)(1)(F)'' and inserting ``428C(b)(1)(G)''.
SEC. 6. REPORT REQUIRED.
Section 141(c) of the Higher Education Act of 1965 (20 U.S.C.
1018(c)) is amended--
(1) in the subsection heading, by striking ``Plan and
Report'' and inserting ``Plan, Report, and Briefing''; and
(2) by adding at the end the following:
``(4) Briefing on enforcement of student loan provisions.--
The Chief Operating Officer shall provide an annual briefing to
the members of the authorizing committees on the steps the PBO
has taken and is taking to ensure that lenders are providing
the information required under clauses (iii) and (iv) of
section 428(c)(3)(C) and sections 428(b)(1)(Z) and
428C(b)(1)(F).''. | Student Information Means a Positive Loan Experience Act of 2007 - Amends the Higher Education Act of 1965 to give borrowers under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs the option to delay the repayment of principal on such loans for the first two years that they are in repayment, regardless of their repayment plan.
Requires FFEL lenders to offer extended repayment plans to borrowers with $20,000 (currently, $30,000) of FFEL debt.
Revises the definition of economic hardship to include individuals whose earnings do not exceed 150% of the poverty line applicable to their family size.
Requires lenders that grant FFEL loan deferment or forbearance to inform borrowers of the impact such deferment or forbearance has on the ultimate cost of the loan.
Directs lenders to inform borrowers seeking to consolidate loans: (1) of loan costs and repayment terms, including the ability to prepay or change repayment plans; (2) whether FFEL or DL repayment-related benefits will be lost; (3) that certain Federal Perkins Loan (PL) interest-free periods and deferment and cancellation options will be lost; (4) that other lenders may offer different terms; and (5) that applying for such loans does not oblige borrowers to take them.
Requires schools to inform prospective and enrolled students of the terms and conditions of FFEL, DL, and PL loans. Adds to the exit counseling information schools must provide to student borrowers. Requires certain information regarding: (1) costs and repayment terms, including the ability to prepay or change repayment plans; (2) loan forgiveness and forbearance options; (3) the effects of consolidating such loans; and (4) the availability of the National Student Loan Data System for use in obtaining information on their loan status. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to improve the information and repayment options to student borrowers, and for other purposes."} | 3,148 | 390 | 0.54318 | 1.784181 | 0.79136 | 2.122093 | 7.930233 | 0.860465 |
SECTION 1. AUTOMATED DRIVING SYSTEM CYBERSECURITY ADVISORY COUNCIL.
(a) Establishment.--Subject to the availability of appropriations,
not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall establish in the National Highway
Traffic Safety Administration an Automated Driving System Cybersecurity
Advisory Council (hereinafter referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a diverse
group representative of business, academia and independent researchers,
State and local authorities, safety and consumer advocates, engineers,
labor organizations, environmental experts, a representative of the
National Highway Traffic Safety Administration, and other members
determined to be appropriate by the Secretary. The Council shall be
composed of not less than 15 and not more than 30 members appointed by
the Secretary.
(c) Terms.--Members of the Council shall be appointed by the
Secretary of Transportation and shall serve for a term of three years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Council 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 Council.
(e) Duties.--The Council shall undertake information gathering
activities, develop technical advice, and present best practices or
recommendations to the Secretary regarding cybersecurity for the
testing, deployment, and updating of automated driving systems with
respect to supply chain risk management, interactions with Information
Sharing and Analysis Centers and Information Sharing and Analysis
Organizations, and a framework for identifying and implementing recalls
of motor vehicles or motor vehicle equipment.
(f) Report to Congress.--The recommendations of the Council shall
also be reported to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and
operation of the Council shall conform to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the Secretary
shall provide such technical assistance to the Council as the Secretary
determines to be necessary to carry out the Council's duties.
(i) Detail of Federal Employees.--On the request of the Council,
the Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Transportation to the Council to assist
the Council in carrying out its duties. Any detail shall not interrupt
or otherwise affect the civil service status or privileges of the
Federal employee.
(j) Payment and Expenses.--Members of the Council shall serve
without pay, except travel and per diem will be paid each member for
meetings called by the Secretary.
(k) Termination.--The Council shall terminate 6 years after the
date of enactment of this Act.
(l) Definitions.--
(1) In general.--In this section--
(A) the term ``automated driving system'' means the
hardware and software that are collectively capable of
performing the entire dynamic driving task on a
sustained basis, regardless of whether such system is
limited to a specific operational design domain;
(B) the term ``dynamic driving task'' means all of
the real time operational and tactical functions
required to operate a vehicle in on-road traffic,
excluding the strategic functions such as trip
scheduling and selection of destinations and waypoints,
and including--
(i) lateral vehicle motion control via
steering;
(ii) longitudinal vehicle motion control
via acceleration and deceleration;
(iii) monitoring the driving environment
via object and event detection, recognition,
classification, and response preparation;
(iv) object and event response execution;
(v) maneuver planning; and
(vi) enhancing conspicuity via lighting,
signaling, and gesturing;
(C) the term ``highly automated vehicle''--
(i) means a motor vehicle equipped with an
automated driving system; and
(ii) does not include a commercial motor
vehicle (as defined in section 31101 of title
49, United States Code); and
(D) the term ``operational design domain'' means
the specific conditions under which a given driving
automation system or feature thereof is designed to
function.
(2) Revisions to certain definitions.--
(A) If SAE International (or its successor
organization) revises the definition of any of the
terms defined in subparagraph (A), (B), or (D) of
paragraph (1) in Recommended Practice Report J3016, it
shall notify the Secretary of the revision. The
Secretary shall publish a notice in the Federal
Register to inform the public of the new definition
unless, within 90 days after receiving notice of the
new definition and after opening a period for public
comment on the new definition, the Secretary notifies
SAE International (or its successor organization) that
the Secretary has determined that the new definition
does not meet the need for motor vehicle safety, or is
otherwise inconsistent with the purposes of chapter 301
of title 49, United States Code. If the Secretary so
notifies SAE International (or its successor
organization), the existing definition in paragraph (1)
shall remain in effect.
(B) If the Secretary does not reject a definition
revised by SAE International (or its successor
organization) as described in subparagraph (A), the
Secretary shall promptly make any conforming amendments
to the regulations and standards of the Secretary that
are necessary. The revised definition shall apply for
purposes of this section. The requirements of section
553 of title 5, United States Code, shall not apply to
the making of any such conforming amendments.
(C) Pursuant to section 553 of title 5, United
States Code, the Secretary may update any of the
definitions in subparagraph (A), (B), or (D) of
paragraph (1) if the Secretary determines that
materially changed circumstances regarding highly
automated vehicles have impacted motor vehicle safety
such that the definitions need to be updated to reflect
such circumstances. | This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration an Automated Driving System Cybersecurity Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding cybersecurity for the testing, deployment, and updating of automated driving systems for motor vehicles with respect to supply chain risk management, interactions with Information Sharing and Analysis Centers and Information Sharing and Analysis Organizations, and a framework for identifying and implementing recalls of motor vehicles or equipment. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain. | {"src": "billsum_train", "title": "To establish in the National Highway Traffic Safety Administration an Automated Driving System Cybersecurity Advisory Council to make recommendations regarding cybersecurity for the testing, deployment, and updating of automated driving systems."} | 1,305 | 200 | 0.575459 | 1.853215 | 0.954443 | 5.876471 | 7.229412 | 0.935294 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Notch Adjustment Act
of 1993''.
SEC. 2. EXPANSION OF PERIOD OF TRANSITION; NEW ALTERNATIVE FORMULA WITH
RESPECT TO SUCH PERIOD.
(a) Expansion of Period of Transition.--Section 215(a)(4)(B)(i) of
the Social Security Act (42 U.S.C. 415(a)(4)(B)(i)) is amended by
striking ``1984'' and inserting ``1989''.
(b) Establishment of New Transitional Formula.--Section 215(a) of
such Act (42 U.S.C. 415(a)) is amended by adding at the end the
following new paragraph:
``(8)(A) Paragraphs (1) (except for subparagraph (C)(i) thereof)
and (4) do not apply to the computation or recomputation of a primary
insurance amount for an individual who had wages or self-employment
income credited for one or more years prior to 1979, and who was not
eligible for an old-age or disability insurance benefit, and did not
die, prior to January 1979, if in the year for which the computation or
recomputation would be made the individual's primary insurance amount
would be greater if computed or recomputed under subparagraph (B).
``(B) The primary insurance amount computed or recomputed under
this subparagraph is equal to the sum of the amount which would be
computed under this subsection if this paragraph were not applied, plus
the product (not less than zero) derived by multiplying--
``(i) the excess of the adjusted old-law benefit amount
over the new-law benefit amount, by
``(ii) the applicable reduction factor.
``(C) For purposes of this paragraph, in the case of any individual
described in subparagraph (A)--
``(i) The term `adjusted old-law benefit amount' means the
amount computed or recomputed under this subsection as in
effect in December 1978 (for purposes of old-age insurance
benefits in the case of an individual who becomes eligible for
such benefits prior to 1989) or subsection (d) (in the case of
an individual to whom such subsection applies), subject to the
amendments made by section 5117 of the Omnibus Budget
Reconciliation Act of 1990.
``(ii) The term `new-law benefit amount' means the amount
which would be computed under this subsection if this paragraph
were not applied.
``(iii)(I) The term `applicable reduction factor' means the
excess of the applicable base percentage determined under
subclause (II) over the applicable early retirement percentage
determined under subclause (III).
``(II) The applicable base percentage determined under this
subclause is the percentage provided in the following table:
``If the individual becomes
eligible for old-age insurance
The applicable base
benefits in:
percentage is:
1979......................... 40 percent
1980......................... 37 percent
1981......................... 34 percent
1982......................... 31 percent
1983......................... 25 percent
1984......................... 20 percent
1985......................... 15 percent
1986......................... 10 percent
1987......................... 5 percent
1988......................... 5 percent.
``(III) The applicable early retirement percentage
determined under this subclause is the product derived by
multiplying 5/12 of 1 percent by the total number of months,
before the month in which the individual attains the age of 65,
for which an old-age insurance benefit is payable to such
individual.''.
(c) Applicability of Old Provisions.--Section 215(a)(5) of such Act
(42 U.S.C. 415(a)(5)) is amended--
(1) in subparagraph (A), by striking ``subject to
subparagraphs (B), (C), (D), and (E),'' and inserting ``subject
to subparagraphs (B), (C), (D), (E), and (F),''; and
(2) by adding at the end the following new subparagraph:
``(F) In applying this section as in effect in December 1978 as
provided in subparagraph (A) in the case of an individual to whom
paragraph (1) does not apply by reason of paragraph (8)--
``(i) subsection (b)(2)(C) shall be deemed to provide that
an individual's `computation base years' may include only
calendar years in the period after 1950 (or 1936 if applicable)
and ending with the calendar year in which such individual
attains age 65; and
``(ii) the `contribution and benefit base' (under section
230) with respect to remuneration paid in (and taxable years
beginning in) any calendar year after 1981 shall be deemed to
be $29,700.''.
(d) Conforming Amendment.--Section 215(a)(3)(A) of such Act (42
U.S.C. 415(a)(3)(A)) is amended in the matter following clause (iii) by
striking ``(4)'' and inserting ``(4) or (8)''.
SEC. 3. EFFECTIVE DATE AND RELATED RULES.
(a) In General.--Except as provided in subsection (c), the
amendments made by this Act shall be effective as if included in the
amendments made by section 201 of the Social Security Amendments of
1977.
(b) Recomputation.--In any case in which an individual (under title
II of the Social Security Act) is entitled, for the month in which this
Act is enacted, to monthly insurance benefits under such title which
were computed--
(1) under section 215 of the Social Security Act as in
effect (by reason of the Social Security Amendments of 1977)
after December 1978, or
(2) under section 215 of such Act as in effect prior to
January 1979 (and subsequently amended and modified) by reason
of subsection (a)(4)(B) of such section (as amended by the
Social Security Amendments of 1977),
the Secretary of Health and Human Services (notwithstanding section
215(f)(1)) of the Social Security Act) shall recompute such
individual's primary insurance amount so as to take into account the
amendments made by this section.
(c) Prospective Applicability.--The amendments made by this Act
shall apply only with respect to benefits for months after November
1993. | Social Security Notch Adjustment Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish a new alternative formula for computing the primary insurance amount (used in calculating the amount of OASDI benefits to which an individual is entitled) of workers born after 1916 and before 1927. | {"src": "billsum_train", "title": "Social Security Notch Adjustment Act of 1993"} | 1,466 | 83 | 0.50792 | 1.241983 | -0.027319 | 2.138462 | 19.523077 | 0.815385 |
SECTION 1. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
(a) Establishment.--Subtitle B of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7384l et seq.) is
amended by adding at the end the following:
``SEC. 3632. ADVISORY BOARD ON TOXIC SUBSTANCES AND WORKER HEALTH.
``(a) Establishment.--
``(1) In general.--Not later than 120 days after the date
of the enactment of this section, the President shall establish
and appoint an Advisory Board on Toxic Substances and Worker
Health (referred to in this section as the `Board').
``(2) Consultation on appointments.--In appointing members
to the Board under paragraph (1), the President shall consult
with organizations with expertise on worker health issues in
order to ensure that the membership of the Board reflects a
proper balance among perspectives from the scientific, medical,
legal, workers, and worker advocate communities.
``(3) Chairperson.--The President shall designate a
chairperson of the Board from among its members.
``(b) Duties.--The Board shall--
``(1) provide advice to the President concerning the review
and approval of the Department of Labor site exposure matrix;
``(2) conduct periodic peer reviews of, and approve,
medical guidance for part E claims examiners with respect to
the weighing of a claimant's medical evidence;
``(3) obtain periodic expert reviews of medical evidentiary
requirements for part B claims related to lung diseases;
``(4) provide oversight over consulting physicians and
reports to ensure quality, objectivity, and consistency of the
consultant physicians' work; and
``(5) coordinate where applicable exchanges of data and
findings with the Advisory Board on Radiation and Worker Health
(under section 3624).
``(c) Staff and Powers.--
``(1) In general.--The President shall appoint a staff to
facilitate the work of the Board. The staff of the Board shall
be headed by a Director who shall be appointed under subchapter
VIII of chapter 33 of title 5, United States Code.
``(2) Federal agency personnel.--The President may
authorize the detail of employees of Federal agencies to the
Board as necessary to enable the Board to carry out its duties
under this section. The detail of such personnel may be on a
non-reimbursable basis.
``(3) Powers.--The Board shall have same powers that the
Advisory Board has under section 3624.
``(d) Expenses.--The members of the Board, other than full-time
employees of the United States, while attending meetings of the Board
or while otherwise serving at the request of the President, and while
serving away from their homes or regular place of business, shall be
allowed travel and meal expenses, including per diem in lieu of
subsistence (as authorized by section 5703 of title 5, United States
Code) for individuals in the Federal Government serving without pay.
``(e) Security Clearances.--
``(1) Requirement.--The Secretary of Energy shall ensure
that the members and staff of the Board, and the contractors
performing work in support of the Board, are afforded the
opportunity to apply for a security clearance for any matter
for which such a clearance is appropriate. The Secretary
should, not later than 180 days after receiving a completed
application for such a clearance, make a determination whether
or not the individual concerned is eligible for the clearance.
``(2) Budget justification.--For fiscal year 2012, and each
fiscal year thereafter, the Secretary of Energy shall include
in the budget justification materials submitted to Congress in
support of the Department of Energy budget for that fiscal year
(as submitted with the budget of the President under section
1105(a) of title 31, United States Code) a report specifying
the number of applications for security clearances under this
subsection, the number of such applications granted, and the
number of such applications denied.
``(f) Information.--The Secretary of Energy shall, in accordance
with law, provide to the Board and the contractors of the Board, access
to any information that the Board considers relevant to carry out its
responsibilities under this section, including information such as
restricted data (as defined in section 2014(y)) and information covered
by the Privacy Act.''.
(b) Department of Labor Response to the Office of the Ombudsman
Annual Report.--Section 3686 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is
amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g), the following:
``(h) Response to Report.--Not later than 90 days after the
publication of the annual report under subsection (e), the Department
of Labor shall submit an answer in writing on whether the Department
agrees or disagrees with the specific issues raised by the Ombudsman,
if the Department agrees, on the actions to be taken to correct the
problems identified by the Ombudsman, and if the Department does not
agree, on the reasons therefore. The Department of Labor shall post
such answer on the public Internet website of the Department.''. | Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to require the President to establish an Advisory Board on Toxic Substances and Worker Health.
Requires the Board to provide advice to the President on the review and approval of the Department of Labor site exposure matrix (SEM) used to determine the eligibility of Department of Energy (DOE) employee contractor claims for compensation for lung disease resulting from exposure to toxic substances. | {"src": "billsum_train", "title": "A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to strengthen the quality control measures in place for part B lung disease claims and part E processes with independent reviews."} | 1,187 | 98 | 0.56551 | 1.495395 | 0.641634 | 3.7 | 13.35 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Home Protection
Act''.
SEC. 2. MORTGAGE PROTECTION FOR MEMBERS OF THE ARMED FORCES, SURVIVING
SPOUSES, AND CERTAIN VETERANS.
(a) Mortgage Protection.--
(1) In general.--Section 303 of the Servicemembers Civil
Relief Act (50 U.S.C. App. 533) is amended to read as follows:
``SEC. 303. MORTGAGES AND TRUST DEEDS.
``(a) Mortgage as Security.--This section applies only to an
obligation on real or personal property that is secured by a mortgage,
trust deed, or other security in the nature of a mortgage and is owned
by a covered individual as follows:
``(1) With respect to an obligation on real or personal
property owned by a servicemember, such obligation that
originated before the period of the servicemember's military
service and for which the servicemember is still obligated.
``(2) With respect to an obligation on real property owned
by a servicemember serving in support of a contingency
operation (as defined in section 101(a)(13) of title 10, United
States Code), such obligation that originated at any time and
for which the servicemember is still obligated.
``(3) With respect to an obligation on real property owned
by a veteran described in subsection (f)(1)(B), such obligation
that originated at any time and for which the veteran is still
obligated.
``(4) With respect to an obligation on real property owned
by a surviving spouse described in subsection (f)(1)(C), such
obligation that originated at any time and for which the spouse
is still obligated.
``(b) Stay of Proceedings and Adjustment of Obligation.--(1) In an
action filed during a covered time period to enforce an obligation
described in subsection (a), the court may after a hearing and on its
own motion and shall upon application by a covered individual when the
individual's ability to comply with the obligation is materially
affected by military service--
``(A) stay the proceedings for a period of time as justice
and equity require; or
``(B) adjust the obligation to preserve the interests of
all parties.
``(2) For purposes of applying paragraph (1) to a covered
individual who is a surviving spouse of a servicemember described in
subsection (f)(1)(C), the term `military service' means the service of
such servicemember.
``(c) Sale or Foreclosure.--A sale, foreclosure, or seizure of
property for a breach of an obligation described in subsection (a)
shall not be valid during a covered time period except--
``(1) upon a court order granted before such sale,
foreclosure, or seizure with a return made and approved by the
court; or
``(2) if made pursuant to an agreement as provided in
section 107.
``(d) Misdemeanor.--A person who knowingly makes or causes to be
made a sale, foreclosure, or seizure of property that is prohibited by
subsection (c), or who knowingly attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for not more
than one year, or both.
``(e) Proof of Service.--(1) A veteran described in subsection
(f)(1)(B) shall provide documentation described in paragraph (2) to
relevant persons to prove the eligibility of the veteran to be covered
under this section.
``(2) Documentation described in this paragraph is a rating
decision or a letter from the Department of Veterans Affairs that
confirms that the veteran is totally disabled because of one or more
service-connected injuries or service-connected disability conditions.
``(f) Definitions.--In this section:
``(1) The term `covered individual' means the following
individuals:
``(A) A servicemember.
``(B) A veteran who was retired under chapter 61 of
title 10, United States Code, and whom the Secretary of
Veterans Affairs, at the time of such retirement,
determines is a totally disabled veteran.
``(C) A surviving spouse of a servicemember who--
``(i) died while serving in support of a
contingency operation if such spouse is the
successor in interest to property covered under
subsection (a); or
``(ii) died while in military service and
whose death is service-connected if such spouse
is the successor in interest to property
covered under subsection (a).
``(2) The term `covered time period' means the following
time periods:
``(A) With respect to a servicemember, during the
period beginning on the date on which such
servicemember begins military service and ending on the
date that is 12 months after the date on which such
servicemember is discharged from such service.
``(B) With respect to a servicemember serving in
support of a contingency operation, during the period
beginning on the date of the military orders for such
service and ending on the date that is 12 months after
the date on which such servicemember redeploys from
such contingency operation.
``(C) With respect to a veteran described in
subsection (f)(1)(B), during the 12-month period
beginning on the date of the retirement of such veteran
described in such subsection.
``(D) With respect to a surviving spouse of a
servicemember described in subsection (f)(1)(C), during
the 12-month period beginning on the date of the death
of the servicemember.''.
(2) Conforming amendment.--Section 107 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended
by adding at the end the following:
``(e) Other Individuals.--For purposes of this section, the term
`servicemember' includes any covered individual under section
303(f)(1).''.
(3) Repeal of sunset.--Subsection (c) of section 2203 of
the Housing and Economic Recovery Act of 2008 (Public Law 110-
289; 50 U.S.C. App. 533 note) is amended to read as follows:
``(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.''.
(b) Increased Civil Penalties for Mortgage Violations.--Paragraph
(3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 597(b)(3)) is amended to read as follows:
``(3) to vindicate the public interest, assess a civil
penalty--
``(A) with respect to a violation of section 303
regarding real property--
``(i) in an amount not exceeding $110,000
for a first violation; and
``(ii) in an amount not exceeding $220,000
for any subsequent violation; and
``(B) with respect to any other violation of this
Act--
``(i) in an amount not exceeding $55,000
for a first violation; and
``(ii) in an amount not exceeding $110,000
for any subsequent violation.''.
(c) Credit Discrimination.--Section 108 of such Act (50 U.S.C. App.
518) is amended--
(1) by striking ``Application by'' and inserting ``(a)
Application by''; and
(2) by adding at the end the following new subsection:
``(b) In addition to the protections under subsection (a), an
individual who is eligible, or who may likely become eligible, for any
provision of this Act may not be denied or refused credit or be subject
to any other action described under paragraphs (1) through (6) of
subsection (a) solely by reason of such eligibility.''.
SEC. 3. REQUIREMENTS FOR LENDING INSTITUTIONS THAT ARE CREDITORS FOR
OBLIGATIONS AND LIABILITIES COVERED BY THE SERVICEMEMBERS
CIVIL RELIEF ACT.
Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App.
527) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Lending Institution Requirements.--
``(1) Compliance officers.--Each lending institution
subject to the requirements of this section shall designate an
employee of the institution as a compliance officer who is
responsible for ensuring the institution's compliance with this
section and for distributing information to servicemembers
whose obligations and liabilities are covered by this section.
``(2) Toll-free telephone number.--During any fiscal year,
a lending institution subject to the requirements of this
section that had annual assets for the preceding fiscal year of
$10,000,000,000 or more shall maintain a toll-free telephone
number and shall make such telephone number available on the
primary Internet Web site of the institution.''. | Military Family Home Protection Act - Amends the Servicemembers Civil Relief Act to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember on active duty, a totally disabled veteran, or the surviving spouse of a member who died during military service, to either: (1) stay the proceedings for a period of time as justice and equity require, or (2) adjust the obligation to preserve the interests of all parties. Prohibits the sale, foreclosure, or seizure of the subject property for the service period, as well as the 12-month period after: (1) the servicemember is discharged or redeployed from a contingency operation, (2) the veteran is retired, or (3) the death of the servicemember (in the case of a surviving spouse). Increases the civil penalties for violations of the sale or foreclosure prohibitions. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this Act.
Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information with respect to the protections afforded under this Act. | {"src": "billsum_train", "title": "A bill to amend the Servicemembers Civil Relief Act to improve the protections for servicemembers against mortgage foreclosures, and for other purposes."} | 2,032 | 308 | 0.618769 | 1.843436 | 0.785644 | 3.003731 | 6.835821 | 0.906716 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Employment
and Economic Security Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Employment is the backbone of the United States
economy, helping individuals feel positive about themselves,
develop independence, and maintain hope for the future.
(2) More than 2,600,000 Americans have become unemployed
since January 2001.
(3) In August 2003, individuals between the ages of 16 and
24 made up more than 25 percent of the total number of
unemployed persons in the United States.
(4) Minorities are more likely to be unemployed than
Whites.
(5) In August 2003, African Americans were more than twice
as likely as Whites to be unemployed.
(6) In August 2003, Hispanics were one and a half times as
likely as Whites to be unemployed.
(7) The loss of a job and the subsequent loss of income
from that job can be a substantial trigger for depression.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``National
Commission on Employment and Economic Security''.
SEC. 4. DUTIES OF COMMISSION.
The Commission shall--
(1) examine the issues of economic and psychological
insecurity of members of the United States workforce caused by
employment displacement;
(2) examine the relationship between (A) psychological
stress caused by employment insecurity and economic insecurity
and (B) increased violence by employees and former employees in
the workplace and in their private lives;
(3) examine the economic and psychological effects of the
decreasing number of well-paid jobs on members of the United
States workforce; and
(4) recommend potential solutions, including
recommendations for legislative and administrative action, to
alleviate the problems of economic and psychological insecurity
of members of the United States workforce.
SEC. 5. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 15
members who shall be appointed as follows:
(1) 7 individuals appointed by the President, of which--
(A) 2 members shall be individuals who represent
labor organizations as defined by section 2(5) of the
National Labor Relations Act (29 U.S.C. 152(5));
(B) 2 members shall be individuals who represent
business interests; and
(C) 2 members shall be individuals who represent
mental health interests.
(2) 2 individuals appointed by the Speaker of the House of
Representatives.
(3) 2 individuals appointed by the minority leader of the
House of Representatives.
(4) 2 individuals appointed by the majority leader of the
Senate.
(5) 2 individuals appointed by the minority leader of the
Senate.
(b) Qualifications.--
(1) In general.--Members shall be experts in the fields of
labor and employment.
(2) Political affiliation.--Political affiliation shall not
be a factor in the appointment of members.
(c) Deadline for Appointment.--Each member shall be appointed to
the Commission not later than 90 days after the date of the enactment
of this Act.
(d) Terms.--Each member shall be appointed for the life of the
Commission.
(e) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(f) Basic Pay.--Members shall serve without pay.
(g) 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.
(h) Quorum.--8 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(i) Chairperson.--
(1) 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.
(2) Presidential appointment.--If the members of the
Commission are unable to elect the Chairperson in accordance
with paragraph (1), the President shall appoint a member of the
Commission to be the Chairperson.
(j) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 6. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
personnel of the Commission as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
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. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official 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) Mails.--The Commission may use the United States mails 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.
(f) Immunity.--The Commission is an agency of the United States for
purpose of part V of title 18, United States Code (relating to immunity
of witnesses).
(g) Subpoena Power.--
(1) In general.--The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the
production of evidence relating to any matter described in
paragraphs (1) through (3) of section 4.
(2) Failure to obey an order or subpoena.--If a person
refuses to obey a subpoena issued under paragraph (1), the
Commission may apply to a United States district court for an
order requiring that person to appear before the Commission to
give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within
the judicial district where the hearing is conducted or where
that person is found, resides, or transacts business. Any
failure to obey the order of the court may be punished by the
court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(h) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 8. REPORT OF COMMISSION.
Not later than 1 year after the date on which all original members
have been appointed to the Commission, the Commission shall transmit to
the President and Congress a report that contains a detailed statement
of the findings and recommendations of the Commission made pursuant to
section 4.
SEC. 9. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after the date of submission
of the report pursuant to section 8.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $2,000,000 for fiscal year 2004.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) are authorized to remain available until expended. | National Commission on Employment and Economic Security Act - Establishes the National Commission on Employment and Economic Security to study and report on: (1) issues related to economic and psychological insecurity caused by employment displacement of U.S. workers; (2) relationships between psychological stress caused by such insecurity and increased violence by employees and former employees in the workplace and their private lives; and (3) economic and psychological effects of the decreasing number of well-paid jobs for U.S. workers. Directs the Commission to make recommendations, including ones for legislative and administrative action, regarding potential solutions to alleviate problems connected with the economic and psychological insecurity of U.S. workers. | {"src": "billsum_train", "title": "To establish a commission to study employment and economic insecurity in the United States workforce."} | 1,871 | 134 | 0.589188 | 1.826543 | 0.707331 | 3.196721 | 13.959016 | 0.868852 |
SECTION 1. UTILIZING EVIDENCE FROM CLINICAL EXPERIENCE.
Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by
inserting after section 505E of such Act (21 U.S.C. 355f) the
following:
``SEC. 505F. UTILIZING EVIDENCE FROM CLINICAL EXPERIENCE.
``(a) In General.--The Secretary shall establish a program to
evaluate the potential use of evidence from clinical experience--
``(1) to help support the approval of a new indication for
a drug approved under section 505(b); and
``(2) to help support or satisfy post-approval study
requirements.
``(b) Evidence From Clinical Experience Defined.--In this section,
the term `evidence from clinical experience' means data regarding the
usage, or potential benefits or risks, of a drug derived from sources
other than randomized clinical trials, including from observational
studies, registries, and therapeutic use.
``(c) Program Framework.--
``(1) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall establish a
draft framework for implementation of the program under this
section.
``(2) Contents of framework.--The framework shall include
information describing--
``(A) the current sources of data developed through
clinical experience, including ongoing safety
surveillance, registry, claims, and patient-centered
outcomes research activities;
``(B) the gaps in current data collection
activities;
``(C) the current standards and methodologies for
collection and analysis of data generated through
clinical experience; and
``(D) the priority areas, remaining challenges, and
potential pilot opportunities that the program
established under this section will address.
``(3) Consultation.--
``(A) In general.--In developing the program
framework under this subsection, the Secretary shall
consult with regulated industry, academia, medical
professional organizations, representatives of patient
advocacy organizations, disease research foundations,
and other interested parties.
``(B) Process.--The consultation under subparagraph
(A) may be carried out through approaches such as--
``(i) a public-private partnership with the
entities described in such subparagraph, in
which the Secretary may participate; or
``(ii) a contract, grant, or other
arrangement, as determined appropriate by the
Secretary with such a partnership or an
independent research organization.
``(d) Program Implementation.--The Secretary shall, not later than
24 months after the date of enactment of this section and in accordance
with the framework established under subsection (c), implement the
program to evaluate the potential use of evidence from clinical
experience.
``(e) Guidance for Industry.--The Secretary shall--
``(1) utilize the program established in subsection (d),
its activities, and any subsequent pilots or written reports,
to inform a guidance for industry on--
``(A) the circumstances under which sponsors of
drugs and the Secretary may rely on evidence from
clinical experience for the purposes described in
subsections (a)(1) or (a)(2); and
``(B) the appropriate standards and methodologies
for collection and analysis of evidence from clinical
experience submitted for such purposes;
``(2) not later than 36 months after the date of enactment
of this section, issue draft guidance for industry as described
in paragraph (1); and
``(3) not later than 48 months after the date of enactment
of this section, after providing an opportunity for public
comment on the draft guidance, issue final guidance.
``(f) Rule of Construction.--
``(1) Subject to paragraph (2), nothing in this section
prohibits the Secretary from using evidence from clinical
experience for purposes not specified in this section, provided
the Secretary determines that sufficient basis exists for any
such non-specified use.
``(2) This section shall not be construed to alter--
``(A) the standards of evidence under--
``(i) subsection (c) or (d) of section 505,
including the substantial evidence standard in
such subsection (d); or
``(ii) section 351(a) of the Public Health
Service Act; or
``(B) the Secretary's authority to require post-
approval studies or clinical trials, or the standards
of evidence under which studies or trials are
evaluated.''. | This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to establish a program to evaluate the potential use of evidence from clinical experience to support the approval of a new indication for an approved drug and to support post-approval study requirements. "Evidence from clinical experience" means data from sources other than randomized clinical trials, including from observational studies, registries, and therapeutic use. Before implementing the program, the FDA must establish a draft framework for the program that describes current sources of data from clinical experience, gaps in current data collection activities, standards and methodologies for collection and analysis of data from clinical experience, and priority areas, remaining challenges, and potential pilot opportunities that the program will address. The FDA must use the program to inform guidance to industry on the collection and use of evidence from clinical experience. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to evaluate the potential use of evidence from clinical experience to help support the approval of new indications for approved drugs, and for other purposes."} | 960 | 187 | 0.661588 | 1.901419 | 0.978208 | 4.190476 | 5.434524 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Paperwork Relief Act
of 2001''.
SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK REQUIREMENTS.
(a) Requirements Applicable to the Director of OMB.--Section
3504(c) of title 44, United States Code (commonly referred to as the
``Paperwork Reduction Act''), is amended--
(1) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (5), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(6) publish in the Federal Register and make available on
the Internet (in consultation with the Small Business
Administration) on an annual basis a list of the compliance
assistance resources available to small businesses, with the
first such publication occurring not later than 1 year after
the date of enactment of the Small Business Paperwork Relief
Act of 2001.''.
(b) Establishment of Agency Point of Contact.--Section 3506 of
title 44, United States Code, is amended by adding at the end the
following:
``(i)(1) In addition to the requirements described in subsection
(c), each agency described under paragraph (2) shall, with respect to
the collection of information and the control of paperwork, establish 1
point of contact in the agency to act as a liaison between the agency
and small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)). Each such point of contact shall be
established not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2001.
``(2) An agency described under this paragraph is--
``(A) any agency with a head that is listed at a level I
position on the Executive Schedule under section 5312 of title
5; and
``(B) the Federal Communications Commission, the Securities
and Exchange Commission, and the Environmental Protection
Agency.''.
(c) Additional Reduction of Paperwork for Certain Small
Businesses.--Section 3506(c) of title 44, United States Code, is
amended--
(1) in paragraph (2)(B), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (3)(J), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in addition to the requirements of this chapter
regarding the reduction of information collection burdens for
small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)), make efforts to--
``(A) further reduce the information collection
burden for small business concerns with fewer than 25
employees; and
``(B) eliminate any unnecessary paperwork
burdens.''.
SEC. 3. ESTABLISHMENT OF TASK FORCE ON INFORMATION COLLECTION AND
DISSEMINATION.
(a) In General.--Chapter 35 of title 44, United States Code, is
amended--
(1) by redesignating section 3520 as section 3521; and
(2) by inserting after section 3519 the following:
``Sec. 3520. Establishment of task force on information collection and
dissemination
``(a) There is established a task force to study the feasibility of
streamlining requirements with respect to small business concerns
regarding collection of information and strengthening dissemination of
information (in this section referred to as the `task force').
``(b) The members of the task force shall be appointed by the head
of each applicable department or agency (and in the case of paragraph
(12) by the Director), and include--
``(1) not less than 2 representatives of the Department of
Labor, including 1 representative of the Bureau of Labor
Statistics and 1 representative of the Occupational Safety and
Health Administration;
``(2) not less than 1 representative of the Environmental
Protection Agency;
``(3) not less than 1 representative of the Department of
Transportation;
``(4) not less than 1 representative of the Office of
Advocacy of the Small Business Administration;
``(5) not less than 1 representative of the Internal
Revenue Service;
``(6) not less than 2 representatives of the Department of
Health and Human Services, including 1 representative of the
Health Care Financing Administration;
``(7) not less than 1 representative of the Department of
Agriculture;
``(8) not less than 1 representative of the Department of
Interior;
``(9) not less than 1 representative of the General
Services Administration;
``(10) not less than 1 representative of each of 2 agencies
not represented by representatives described under paragraphs
(1) through (9) and (11);
``(11) 1 representative of the Director, who shall convene
and chair the task force; and
``(12) not less than 3 representatives of the small
business community.
``(c) The task force shall--
``(1) recommend a plan for the development of an
interactive Government application, available through the
Internet, to allow each small business to better understand
which Federal requirements regarding collection of information
(and, when possible, which other Federal regulatory
requirements) apply to that particular business;
``(2) identify ways to integrate the collection of
information across Federal agencies and programs and examine
the feasibility of requiring each agency to consolidate
requirements regarding collections of information with respect
to small business concerns, within and across agencies without
negatively impacting the effectiveness of underlying laws and
regulations regarding such collections of information, in order
that each small business concern may submit all information
required by the agency--
``(A) to 1 point of contact in the agency; and
``(B) in a single format, such as a single
electronic reporting system, with respect to the
agency;
``(3) examine the feasibility and helpfulness to small
businesses of the Director publishing a list of the collections
of information applicable to small business concerns (as
defined in section 3 of the Small Business Act (15 U.S.C.
632)), organized--
``(A) by North American Industrial Classification
System code;
``(B) industrial/sector description; or
``(C) in another manner by which small business
concerns can more easily identify requirements with
which those small business concerns are expected to
comply;
``(4) examine the savings, including cost savings, for
implementing a system of electronic paperwork submissions; and
``(5) examine the feasibility of measures to strengthen the
dissemination of information.
``(d) Not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2001, the task force shall
submit a report of its findings under subsection (c), including any
minority views of the task force, to--
``(1) the Director;
``(2) the chairpersons and ranking minority members of--
``(A) the Committee on Governmental Affairs and the
Committee on Small Business and Entrepreneurship of the
Senate; and
``(B) the Committee on Government Reform and the
Committee on Small Business of the House of
Representatives; and
``(3) the Small Business and Agriculture Regulatory
Enforcement Ombudsman designated under section 30(b) of the
Small Business Act (15 U.S.C. 657(b)).
``(e) In this section, the term `small business concern' has the
meaning given under section 3 of the Small Business Act (15 U.S.C.
632).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 35 of title 44, United States Code, is amended by striking the
item relating to section 3520 and inserting the following:
``3520. Establishment of task force on information collection and
dissemination.
``3521. Authorization of appropriations.''.
SEC. 4. REGULATORY ENFORCEMENT REFORMS.
Section 223 of the Small Business Regulatory Enforcement Fairness
Act of 1996 (5 U.S.C. 601 note) is amended by striking subsection (c)
and inserting:
``(c) Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Small Business Paperwork Relief Act of 2001,
and not later than every 2 years thereafter, each agency shall
submit a report to the Director of the Office of Management and
Budget and the chairpersons and ranking minority members of the
Committee on Governmental Affairs and the Committee on Small
Business of the Senate, and the Committee on the Judiciary and
the Committee on Small Business of the House of
Representatives, that includes information with respect to the
applicable 1-year period or 2-year period covered by the report
on each of the following:
``(A) The number of enforcement actions in which a
civil penalty is assessed.
``(B) The number of enforcement actions in which a
civil penalty is assessed against a small entity.
``(C) The number of enforcement actions described
under subparagraphs (A) and (B) in which the civil
penalty is reduced or waived.
``(D) The total monetary amount of the reductions
or waivers referred to under subparagraph (C).
``(2) Definitions in reports.--Each report under paragraph
(1) shall include definitions of the terms `enforcement
actions', `reduction or waiver', and `small entity' as used in
the report.''.
Passed the Senate December 17, 2001.
Attest:
Secretary.
107th CONGRESS
1st Session
S. 1271
_______________________________________________________________________
AN ACT
To amend chapter 35 of title 44, United States Code, for the purpose of
facilitating compliance by small business concerns with certain Federal
paperwork requirements, to establish a task force to examine
information collection and dissemination, and for other purposes. | Small Business Paperwork Relief Act of 2001 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget, annually, to publish in the Federal Register and make available on the Internet a list of the paperwork compliance resources available to small businesses. Requires the following Federal agencies, also within one year, to establish one agency point of contact to act as a liaison with small businesses with respect to the collection of information and the control of paperwork: (1) each agency with a head listed at level I on the Executive Schedule; and (2) the Federal Communications Commission, the Securities and Exchange Commission, and the Environmental Protection Agency.Requires each agency to make efforts to: (1) further reduce the paperwork burden for small businesses with fewer than 25 employees; and (2) eliminate any unnecessary paperwork burdens.Establishes a task force to study and report to the Director, specified congressional committees, and the Small Business and Agriculture Regulatory Enforcement Ombudsman on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information and strengthening the dissemination of information.Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require each agency to submit, biennially, to the Director and such committees information concerning regulatory enforcement actions taken and civil penalties assessed, including actions and assessments against small businesses. | {"src": "billsum_train", "title": "A bill to amend chapter 35 of title 44, United States Code, for the purpose of facilitating compliance by small business concerns with certain Federal paperwork requirements, to establish a task force to examine information collection and dissemination, and for other purposes."} | 2,134 | 284 | 0.642676 | 1.801144 | 0.888304 | 3.643137 | 8.423529 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cathedral Rock and Horse Heaven
Wilderness Act of 2010''.
SEC. 2. DEFINITIONS.
(1) Federal land.--The term ``Federal land'' means the
Federal land authorized to be conveyed by the United States
under section 4(a).
(2) Landowner.--The term ``landowner'' means the owner of
the applicable non-Federal land.
(3) Non-federal land.--The term ``non-Federal land'' means
the land authorized to be conveyed to the United States under
section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Oregon.
(6) Wilderness area.--The term ``wilderness area'' means
any of the areas designated as components of the National
Wilderness Preservation System by section 3(a).
(7) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Cathedral Rock-Horse Heaven Wilderness
Proposals'' and dated January 21, 2010.
SEC. 3. CATHEDRAL ROCK WILDERNESS AND HORSE HEAVEN WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following land in the State is designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Cathedral rock wilderness.--The approximately 8,686
acres of Bureau of Land Management land in the State, as
depicted on the wilderness map, to be known as the ``Cathedral
Rock Wilderness''.
(2) Horse heaven wilderness.--The approximately 7,791 acres
of Bureau of Land Management land in the State, as depicted on
the wilderness map, to be known as the ``Horse Heaven
Wilderness''.
(b) Maps; Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and legal
description of each wilderness area with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--The maps and legals description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the map and legal description.
(3) Availability.--The maps and legal descriptions filed
under paragraph (1) shall be on file and available for public
inspection in--
(A) the Office of the Chief of the Forest Service;
and
(B) the Office of the Director of the Bureau of
Land Management.
(4) Conflict between map and legal description.--In the
case of a conflict between the maps and legal descriptions
filed under paragraph (1), the maps shall control.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that any reference in that Act to the effective date
shall be considered to be a reference to the date of enactment
of this Act.
(2) Incorporation of acquired land and interests.--Any land
within or adjacent to the boundary of a wilderness area that is
acquired by the United States shall--
(A) become part of the wilderness area; and
(B) be managed in accordance with--
(i) this section; and
(ii) any other applicable laws.
(3) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the Federal land within the
wilderness areas is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(4) Grazing.--The grazing of domestic livestock in a
wilderness area shall be administered in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570
of the 101st Congress (H. Rept. 101-405) and H.R. 5487
of the 96th Congress (H. Rept. 96-617).
(5) Access to non-federal land.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary shall
provide reasonable access to non-Federal land within the
boundaries of the wilderness areas.
(6) State water laws.--Nothing in this section constitutes
an exemption from State water laws (including regulations).
(7) Tribal rights.--Nothing in this section--
(A) affects, alters, amends, repeals, interprets,
extinguishes, modifies, or is in conflict with--
(i) the treaty rights of an Indian tribe,
including the rights secured by the Treaty with
the Tribes and Bands of Middle Oregon of June
25, 1855 (12 Stat. 963); and
(ii) any other rights of an Indian tribe;
(B) prevents, prohibits, terminates, or abridges
the exercise of treaty-reserved rights, including the
rights secured by the Treaty with the Tribes and Bands
of Middle Oregon of June 25, 1855 (12 Stat. 963),
within the boundaries of the wilderness areas; or
(C) affects any non-Federal land acquired by the
United States under section 4.
SEC. 4. LAND EXCHANGES.
(a) Authorization.--
(1) Smith exchange.--
(A) In general.--If Derby Smith Partners, LLC, of
Bend, Oregon (referred to in this section as
``Smith''), offers to convey to the United States all
right, title, and interest of Smith in and to the non-
Federal land described in subparagraph (B)(i), the
Secretary shall--
(i) accept the offer; and
(ii) on receipt of acceptable title to the
non-Federal land and subject to valid existing
rights, convey to Smith all right, title, and
interest of the United States in and to the
Federal land described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land
referred to in subparagraph (A) is the
approximately 1,057 acres of non-Federal land
identified on the wilderness map as ``Lands
proposed for transfer from Smith to the Federal
Government''.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)(ii) is the
approximately 1,195 acres of Federal land
identified on the wilderness map as ``Lands
proposed for transfer from the Federal
Government to Smith''.
(2) Shrum exchange.--
(A) In general.--If Milton Shrum (referred to in
this section as ``Shrum'') offers to convey to the
United States all right, title, and interest of Shrum
in and to the non-Federal land described in
subparagraph (B)(i), the Secretary shall--
(i) accept the offer; and
(ii) on receipt of acceptable title to the
non-Federal land and subject to valid existing
rights, convey to Shrum all right, title, and
interest of the United States in and to the
Federal land described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land
referred to in subparagraph (A) is the
approximately 416 acres of non-Federal land
identified on the wilderness map as ``Lands
proposed for transfer from Shrum to the Federal
Government''.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)(ii) is the
approximately 594 acres of Federal land
identified on the wilderness map as ``Lands
proposed for transfer from the Federal
Government to Shrum''.
(3) Young life exchange.--
(A) In general.--If Young Life of Colorado Springs,
Colorado (referred to in this section as ``Young
Life''), offers to convey to the United States all
right, title, and interest of Young Life in and to the
non-Federal land described in subparagraph (B)(i), the
Secretary shall--
(i) accept the offer; and
(ii) on receipt of acceptable title to the
non-Federal land and subject to valid existing
rights, convey to Young Life all right, title,
and interest of the United States in and to the
Federal land described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land
referred to in subparagraph (A) is the
approximately 8,715 acres of non-Federal land
identified on the wilderness map as ``Lands
proposed for transfer from Young Life to the
Federal Government''.
(ii) Federal land.--The Federal land
referred to in subparagraph (A)(ii) is the
approximately 12,335 acres of Federal land
identified on the wilderness map as ``Lands
proposed for transfer from the Federal
Government to Young Life''.
(b) Applicable Law.--Except as otherwise provided in this section,
the Secretary shall carry out the land exchanges under subsection (a)
in accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716).
(c) Conditions.--The conveyances of the Federal land and non-
Federal land under subsection (a) shall be subject to such terms and
conditions as the Secretary may require.
(d) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this section--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--If the value of the
Federal land exceeds the value of the non-Federal land,
the value of the Federal land and non-Federal land
shall be equalized, as determined to be appropriate and
acceptable by the Secretary and the landowner--
(i) by reducing the acreage of the Federal
land to be conveyed; or
(ii) by adding additional State land to the
non-Federal land to be conveyed.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and non-Federal
land shall be equalized by reducing the acreage of the
non-Federal land to be conveyed, as determined to be
appropriate and acceptable by the Secretary and the
landowner.
(e) Appraisals.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the landowner shall
select an appraiser to conduct an appraisal of the Federal land
and non-Federal land to be exchanged.
(2) Requirements.--An appraisal under paragraph (1) shall
be conducted in accordance with nationally recognized appraisal
standards, including--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(f) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal land and non-Federal land to be exchanged under
subsection (a) shall be determined by surveys approved by the
Secretary.
(2) Costs.--The Secretary and the landowner shall divide
equally between the Secretary and the landowner--
(A) the costs of any surveys conducted under
paragraph (1); and
(B) any other administrative costs of carrying out
the land exchange under this section.
(g) Deadline for Completion of Land Exchange.--It is the intent of
Congress that the land exchanges under this section be completed not
later than 2 years after the date of enactment of this Act.
(h) Addition to Wilderness Areas.--On completion of the land
exchanges under this section, the non-Federal land shall--
(1) become part of the wilderness areas; and
(2) be managed in accordance with--
(A) this Act;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(C) any other applicable law. | Cathedral Rock and Horse Heaven Wilderness Act of 2010 - Designates specified Bureau of Land Management (BLM) land in Oregon, to be known as the Cathedral Rock Wilderness and the Horse Heaven Wilderness, as wilderness and as components of the National Wilderness Preservation System.
Sets forth requirements for the administration of the wilderness areas, including with respect to the incorporation of acquired land and interests, domestic livestock grazing, access to non-federal land, state water laws, and tribal rights.
Withdraws federal land within the wilderness areas from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Authorizes certain land exchanges with specified landowners. Requires appraisals to be conducted of the federal and non-federal land to be exchanged. | {"src": "billsum_train", "title": "A bill to designate certain land in the State of Oregon as wilderness, to provide for the exchange of certain Federal land and non-Federal land, and for other purposes."} | 2,962 | 204 | 0.625948 | 1.734606 | 0.835952 | 4.258427 | 14.213483 | 0.921348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Consumer Notification
Act''.
SEC. 2. FINANCIAL INSTITUTION'S OBLIGATION TO PROMPTLY NOTIFY AND
ASSIST CUSTOMERS WHOSE PERSONAL INFORMATION IS
COMPROMISED.
(a) Prompt Notice and Assistance.--Section 503(b) of the Gramm-
Leach-Bliley Act (15 U.S.C. 6803(b)) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) a statement that, upon discovering that the
confidentiality or security of any nonpublic personal
information maintained by the financial institution with
respect to consumer has been compromised in any way by an
employee of the financial institution, or through any
unauthorized entry into the records of the financial
institution, the financial institution is obligated--
``(A) to promptly notify the consumer of the
compromise of the security or confidentiality of such
information, and any misuse of such information, that
the financial institution discovers or reasonably
should discover has occurred;
``(B) to provide assistance to the consumer to
remedy any such compromise, including the duty of the
financial institution under the Fair Credit Reporting
Act to correct and update information contained in a
consumer report relating to such consumer;
``(C) to reimburse the consumer for any losses the
consumer incurred as a result of the compromise of the
security or confidentiality of such information, and
any misuse of such information, including any fees for
obtaining, investigating, and correcting a consumer
report of such consumer at any consumer reporting
agency; and
``(D) to provide information concerning the manner
in which the consumer can obtain such assistance.''.
(b) Waiver of Disclosure at Request of Law Enforcement Agency For
Limited Time.--Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C.
6803) is amended by adding at the end the following new subsection:
``(c) Waiver of Disclosure at Request of Law Enforcement Agency For
Limited Time.--A financial institution may delay notifying a consumer
that the confidentiality or security of any nonpublic personal
information of the consumer maintained by the financial institution has
been compromised at the request of a law enforcement agency
investigating such violation for such limited period of time as the law
enforcement agency determines is essential for carrying out the
investigation.''.
(c) Penalties For Failure to Notify Customers of Identity Theft.--
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is amended
by inserting after subsection (c) (as added by subsection (b) of this
section) the following new subsection:
``(d) Penalties For Failure to Notify and Assist Customers After
Identity Theft.--The failure of any financial institution to promptly
notify any consumer that the confidentiality or security of any
nonpublic personal information of the consumer maintained by the
financial institution has been compromised in any way by an employee of
the financial institution or through any unauthorized entry into the
records of the financial institution, to provide assistance to such
consumer, or to reimburse the consumer for any loss or fee described
subsection (b)(5)(C) shall be treated as a violation of--
``(1) this title for purposes of enforcement actions
required under section 505; and
``(2) the requirements of section 623(a)(2) of the Fair
Credit Reporting Act to correct and update information
concerning the consumer in a consumer report at a consumer
reporting agency.''.
SEC. 3. ADDITIONAL PROTECTION FOR VICTIMS OF IDENTITY THEFT.
Section 618 of the Fair Credit Reporting Act (15 U.S.C. 1681p) is
amended to read as follows:
``SEC. 618. JURISDICTION OF COURTS; LIMITATIONS OF ACTIONS.
``(a) In General.--An action to enforce any liability created under
this title may be brought in any appropriate United States district
court, without regard to the amount in controversy, or in any other
court of competent jurisdiction, not later than 2 years after the date
on which the violation is discovered or should have been discovered by
the exercise of reasonable diligence.
``(b) Willful Misrepresentation.--The limitations period prescribed
in subsection (a) shall be tolled during any period during which a
defendant has materially and willfully misrepresented any information
required under this title to be disclosed to an individual, and the
information so misrepresented is material to the establishment of the
liability of the defendant to that individual under this title.''. | Identity Theft Consumer Notification Act - Amends the Gramm-Leach-Bliley Act to require that a financial institution to disclose annually to its customers its statutory obligation to: (1) promptly notify the customer if nonpublic personal information has been compromised or misused; (2) help the customer to remedy such compromise, including correcting and updating information contained in a consumer report relating to such customer; (3) reimburse the customer for losses incurred as a result of the compromise or misuse of the information, including fees for obtaining, investigating, and correcting a consumer report on the customer at any consumer reporting agency; and (4) provide information on how the consumer can obtain assistance.Sets forth penalties for the failure of a financial institution to perform its disclosure obligations.Amends the Fair Credit Reporting Act to grant Federal district courts jurisdiction for an action to enforce liability without regard to amount in controversy, in addition to courts of competent jurisdiction. | {"src": "billsum_train", "title": "To amend the Gramm-Leach-Bliley Act to further protect customers of financial institutions whose identities are stolen from the financial institution, and for other purposes."} | 1,067 | 202 | 0.652747 | 1.988977 | 0.969717 | 2.821229 | 5.290503 | 0.854749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cody Miller Initiative for Safer
Prescriptions Act''.
SEC. 2. PATIENT MEDICATION INFORMATION FOR PRESCRIPTION DRUGS.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 505D the following:
``SEC. 505E. PATIENT MEDICATION INFORMATION FOR PRESCRIPTION DRUGS.
``(a) In General.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue regulations
regarding the authorship, content, format, and dissemination
requirements for patient medication information (referred to in this
section as `PMI') for drugs subject to section 503(b)(1).
``(b) Content.--The regulations promulgated under subsection (a)
shall require that the PMI with respect to a drug--
``(1) be scientifically accurate and based on the
professional labeling approved by the Secretary and
authoritative, peer-reviewed literature; and
``(2) includes nontechnical, understandable, plain language
that is not promotional in tone or content, and contains at
least--
``(A) the established name of drug, including the
established name of such drug as a listed drug (as
described in section 505(j)(2)(A)) and as a drug that
is the subject of an approved abbreviated new drug
application under section 505(j) or of an approved
license for a biological product submitted under
section 351(k) of the Public Health Service Act, if
applicable;
``(B) drug uses and clinical benefits;
``(C) general directions for proper use;
``(D) contraindications, common side effects, and
most serious risks of the drug, especially with respect
to certain groups such as children, pregnant women, and
the elderly;
``(E) measures patients may be able to take, if
any, to reduce the side effects and risks of the drug;
``(F) when a patient should contact his or her
health care professional;
``(G) instructions not to share medications, and,
if any exist, key storage requirements, and
recommendations relating to proper disposal of any
unused portion of the drug; and
``(H) known clinically important interactions with
other drugs and substances.
``(c) Timeliness, Consistency, and Accuracy.--The regulations
promulgated under subsection (a) shall include standards related to--
``(1) performing timely updates of drug information as new
drugs and new information becomes available;
``(2) ensuring that common information is applied
consistently and simultaneously across similar drug products
and for drugs within classes of medications in order to avoid
patient confusion and harm; and
``(3) developing a process, including consumer testing, to
assess the quality and effectiveness of PMI in ensuring that
PMI promotes patient understanding and safe and effective
medication use.
``(d) Submission of PMI.--
``(1) Submission of pmi for approval.--The regulations
promulgated under subsection (a) shall--
``(A) with respect to any drug for which an
application is submitted under subsection (b) or (j) of
section 505 of this Act, or under subsection (a) or (k)
of section 351 of the Public Health Service Act, on or
after the date that is 18 months after the date of the
enactment of the Cody Miller initiative for Safer
Prescriptions Act--
``(i) require the sponsor of the drug to
submit PMI for the drug as part of such
application; and
``(ii) provide for approval or disapproval
of the PMI as part of the process for approving
or disapproving the application; and
``(B) with respect to any other drug lawfully
marketed in the United States--
``(i) require the sponsor of the drug to
submit PMI for the drug to the Secretary; and
``(ii) provide for approval or disapproval
of the PMI.
``(2) Identical pmi for generic drugs.--The regulations
promulgated under subsection (a) shall require the PMI for a
drug subject to an abbreviated new drug application under
section 505(j) to be identical to the PMI for the listed drug
(as such term is used in section 505(j)), except for excluding
any portion of the PMI for the listed drug that is protected by
patent or by an exclusivity period under this Act.
``(e) Electronic Repository.--
``(1) In general.--The regulations promulgated under
subsection (a) shall provide for the development of a publicly
accessible electronic repository for all PMI documents and
content to facilitate the availability of PMI.
``(2) Effect of submission.--If the sponsor of a drug
submits PMI to such electronic registry, the sponsor is deemed,
subject to the deadlines specified in subsection (d)(1), to
have submitted the PMI for purposes of subsection (d)(1).''.
SEC. 3. PUBLICATION ON INTERNET WEB SITE.
The Secretary of Health and Human Services shall publish on the
Internet Web site of the Food and Drug Administration a link to the
Daily Med Web site (http://dailymed.nlm.nih.gov/dailymed) (or any
successor Web site). | Cody Miller Initiative for Safer Prescriptions Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to direct the Secretary of Health and Human Services (HHS) to promulgate regulations regarding the authorship, content, format, and dissemination requirements for patient medication information (PMI) for prescription drugs.
Requires such regulations to require the PMI for such a drug: (1) to be scientifically accurate and to be based on the approved professional labeling and authoritative, peer-reviewed literature; and (2) to include plain language that is not promotional in tone or content. Requires that such language include: (1) the established name of the drug; (2) drug uses and clinical benefits; (3) general directions for proper use; (4) contraindications, common side effects, and the most serious risks of the drug; (5) measures patients may take to reduce the side effects and risks; (6) when a patient should contact his or her health care professional; (7) instructions not to share medications; (8) any key storage requirements; (9) recommendations relating to proper disposal of any unused portion of the drug; and (10) known clinically important interactions with other drugs and substances.
Requires such regulations to: (1) include standards related to performing timely updates of drug information, ensuring that common information is applied consistently and simultaneously across similar drug products and for drugs within classes of medications, and developing a process to assess the quality and effectiveness of PMI in promoting patient understanding and safe and effective use; (2) require the sponsor of a new drug or biological product to submit PMI as part of the new drug or abbreviated (generic) new drug application and provide for approval or disapproval of the PMI as part of the application process; (3) require the sponsor of any drug lawfully marketed in the United States to submit PMI for the drug to the Secretary for approval or disapproval of the PMI; (4) require the PMI for a generic drug to be identical to the PMI for the listed drug, except for excluding any portion of such PMI that is protected by patent or an exclusivity period under FFDCA; and (5) provide for the development of a publicly accessible electronic repository for all PMI.
Requires the Secretary to publish on the Food and Drug Administration (FDA) website a link to the Daily Med website. | {"src": "billsum_train", "title": "To require the Secretary of Health and Human Services to promulgate regulations regarding the authorship, content, format, and dissemination of Patient Medication Information to ensure patients receive consistent and high-quality information about their prescription medications and are aware of the potential risks and benefits of prescription medications."} | 1,221 | 509 | 0.687304 | 2.25697 | 0.915636 | 4.443966 | 2.329741 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Airport Safety, Security, and
Air Service Improvement Act of 2002''.
SEC. 2. INCLUSION OF TOWERS IN AIRPORT DEVELOPMENT.
Section 47102(3) of title 49, United States Code, is amended by
adding at the end the following:
``(M) constructing an air traffic control tower or
acquiring and installing air traffic control,
communications, and related equipment at an air traffic
control tower under the terms specified in section
47124(b)(4).''.
SEC. 3. CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.
(a) In General.--Section 47124(b)(4) of title 49, United States
Code, is amended to read as follows:
``(4) Construction of air traffic control towers.--
``(A) Grants.--The Secretary may provide grants to
a sponsor of--
``(i) a primary airport--
``(I) from amounts made available
under sections 47114(c)(1) and
47114(c)(2) for the construction or
improvement of a nonapproach control
tower, as defined by the Secretary, and
for the acquisition and installation of
air traffic control, communications,
and related equipment to be used in
that tower;
``(II) from amounts made available
under sections 47114(c)(1) and
47114(c)(2) for reimbursement for the
cost of construction or improvement of
a nonapproach control tower, as defined
by the Secretary, incurred after
October 1, 1996, if the sponsor
complied with the requirements of
sections 47107(e), 47112(b), and
47112(c) in constructing or improving
that tower; and
``(III) from amounts made available
under sections 47114(c)(1) and
47114(c)(2) for reimbursement for the
cost of acquiring and installing in
that tower air traffic control,
communications, and related equipment
that was acquired or installed after
October 1, 1996; and
``(ii) a public-use airport that is not a
primary airport--
``(I) from amounts made available
under sections 47114(c)(2) and 47114(d)
for the construction or improvement of
a nonapproach control tower, as defined
by the Secretary, and for the
acquisition and installation of air
traffic control, communications, and
related equipment to be used in that
tower;
``(II) from amounts made available
under sections 47114(c)(2) and
47114(d)(3)(A) for reimbursement for
the cost of construction or improvement
of a nonapproach control tower, as
defined by the Secretary, incurred
after October 1, 1996, if the sponsor
complied with the requirements of
sections 47107(e), 47112(b), and
47112(c) in constructing or improving
that tower; and
``(III) from amounts made available
under sections 47114(c)(2) and
47114(d)(3)(A) for reimbursement for
the cost of acquiring and installing in
that tower air traffic control,
communications, and related equipment
that was acquired or installed after
October 1, 1996.
``(B) Eligibility.--An airport sponsor shall be
eligible for a grant under this paragraph only if--
``(i)(I) the sponsor is a participant in
the Federal Aviation Administration contract
tower program established under subsection (a)
and continued under paragraph (1) or the pilot
program established under paragraph (3); or
``(II) construction of a nonapproach
control tower would qualify the sponsor to be
eligible to participate in such program;
``(ii) the sponsor certifies that it will
pay not less than 10 percent of the cost of the
activities for which the sponsor is receiving
assistance under this paragraph;
``(iii) the Secretary affirmatively accepts
the proposed contract tower into a contract
tower program under this section and certifies
that the Secretary will seek future
appropriations to pay the Federal Aviation
Administration's cost of the contract to
operate the tower to be constructed under this
paragraph;
``(iv) the sponsor certifies that it will
pay its share of the cost of the contract to
operate the tower to be constructed under this
paragraph; and
``(v) in the case of a tower to be
constructed under this paragraph from amounts
made available under section 47114(d)(2) or
47114(d)(3)(B), the Secretary certifies that--
``(I) the Federal Aviation
Administration has consulted the State
within the borders of which the tower
is to be constructed and the State
supports the construction of the tower
as part of its State airport capital
plan; and
``(II) the selection of the tower
for funding is based on objective
criteria, giving no weight to any
congressional committee report, joint
explanatory statement of a conference
committee, or statutory designation.
``(C) Limitation on federal share.--The Federal
share of the cost of construction of a nonapproach
control tower under this paragraph may not exceed
$1,100,000.''.
(b) Conforming Amendments.--Section 47124(b) of such title is
amended--
(1) in paragraph (3)(A) by striking ``Level I air traffic
control towers, as defined by the Secretary,'' and inserting
``nonapproach control towers, as defined by the Secretary,'';
and
(2) in paragraph (3)(E) by striking ``Subject to paragraph
(4)(D), of'' and inserting ``Of''.
(c) Savings Clause.--Notwithstanding the amendments made by this
section, the 2 towers for which assistance is being provided on the day
before the date of enactment of this Act under section 47124(b)(4) of
title 49, United States Code, as in effect on such day, may continue to
be provided such assistance under the terms of such section.
SEC. 4. NONAPPROACH CONTROL TOWERS.
(a) In General.--The Administrator of the Federal Aviation
Administration may enter into a lease agreement or contract agreement
with a private entity to provide for construction and operation of a
nonapproach control tower as defined by the Secretary of
Transportation.
(b) Terms and Conditions.--An agreement entered into under this
section--
(1) shall be negotiated under such procedures as the
Administrator considers necessary to ensure the integrity of
the selection process, the safety of air travel, and to protect
the interests of the United States;
(2) may provide a lease option to the United States, to be
exercised at the discretion of the Administrator, to occupy any
general-purpose space in a facility covered by the agreement;
(3) shall not require, unless specifically determined
otherwise by the Administrator, Federal ownership of a facility
covered under the agreement after the expiration of the
agreement;
(4) shall describe the consideration, duties, and
responsibilities for which the United States and the private
entity are responsible;
(5) shall provide that the United States will not be liable
for any action, debt, or liability of any entity created by the
agreement;
(6) shall provide that the private entity may not execute
any instrument or document creating or evidencing any
indebtedness with respect to a facility covered by the
agreement unless such instrument or document specifically
disclaims any liability of the United States under the
instrument or document; and
(7) shall include such other terms and conditions as the
Administrator considers appropriate.
SEC. 5. USE OF APPORTIONMENTS TO PAY NON-FEDERAL SHARE OF OPERATION
COSTS.
(a) Study.--The Secretary of Transportation shall conduct a study
of the feasibility, costs, and benefits of allowing the sponsor of an
airport to use not to exceed 10 percent of amounts apportioned to the
sponsor under section 47114 to pay the non-Federal share of the cost of
operation of an air traffic control tower under section 47124(b) of
title 49, United States Code.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the study.
Passed the House of Representatives June 20, 2002.
Attest:
JEFF TRANDAHL,
Clerk. | Small Airport Safety, Security, and Air Service Improvement Act of 2002 - Amends Federal aviation law to make eligible for airport development project funds the construction of an air traffic control tower or the acquisition and installation of air traffic control, communications, and related equipment at a tower under specified terms.(Sec. 3) Authorizes the Secretary of Transportation under the air traffic control contract program to provide grants to a sponsor of a primary airport or a nonprimary airport from certain airport development and noise compatibility planning program funds for: (1) the construction or improvement of a nonapproach control tower (formerly known as a level I air traffic control tower); (2) the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower; and (3) reimbursement for the cost of tower construction or improvement, and acquisition and installation in the tower of such equipment, if certain requirements are met. Revises eligibility requirements with respect to such grants.Limits the Federal share of cost of construction of a nonapproach control tower to no more $1.1 million.(Sec. 4) Authorizes the Administrator of the Federal Aviation Administration to enter into a lease agreement or contract agreement with a private entity to provide for construction and operation of a nonapproach control tower. Sets forth certain agreement terms and conditions.(Sec. 5) Directs the Secretary to study and report to Congress on the feasibility, costs, and benefits of allowing an airport sponsor to use up to ten percent of airport planning and development and noise compatibility planning funds apportioned to it to pay the non-Federal share of the cost of operation of an air traffic control tower. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to provide assistance for the construction of certain air traffic control towers."} | 1,808 | 363 | 0.647004 | 1.999131 | 0.785714 | 3.722581 | 5.303226 | 0.883871 |
SECTION 1. INTERNATIONAL CLEAN TECHNOLOGY FUND.
(a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286-
286oo) is amended by adding at the end the following:
``SEC. 64. CLEAN TECHNOLOGY FUND.
``(a) Contribution Authority.--The Secretary of the Treasury may
contribute on behalf of the United States $400,000,000 to a fund which
meets the requirements of subsection (b) (in this section referred to
as the `Fund').
``(b) Requirements.--The requirements of this subsection are as
follows:
``(1) Administration.--The Fund is established and
administered by the Bank.
``(2) Purpose.--The purpose of the Fund is to promote
accelerated deployment in developing countries of technologies
designed to reduce greenhouse gas emissions by providing funds,
primarily through multilateral development banks to promising
projects in developing countries.
``(3) Coordination with the united nations framework on
climate change.--
``(A) In general.--The Bank is required to operate
the Fund in a manner that is fully consistent and
supportive of the United Nations Framework on Climate
Change (in this paragraph referred to as the `UNFCCC').
``(B) Termination of operations.--The Bank is
required to take necessary steps to conclude the
operations of the Fund (including by not entering into
new agreements for contributions to the Fund) on the
commencement of operations of an international clean
technology fund provided for the UNFCCC, unless the
UNFCCC provides for continuation of the operations.
``(4) Authority to hold undisbursed funds in interest-
bearing accounts.--Pending disbursement from the Fund of
amounts provided under this section, the Bank has the authority
to hold the amounts in interest-bearing accounts of the Fund.
``(c) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are appropriated not
more than $400,000,000 for fiscal year 2009.
``(d) Support of Zero Carbon and Cleaner Technologies.--The
Secretary of the Treasury shall seek to ensure that--
``(1) the priorities of the Fund include supporting `zero
carbon' technologies, and improvements in energy efficiency in
existing infrastructure that demonstrate an ability to be
transformational in support of a country's path toward low
carbon development;
``(2) the disbursement of amounts in the Fund demonstrate a
preference for `zero carbon' technologies; and
``(3) funding from the Fund is provided to close the gap
between higher cost, cleaner technologies and lower cost
technologies.
``(e) Coordination With the International Clean Energy
Foundation.--The Secretary of the Treasury shall seek to ensure that
the duties and activities of the Fund are complementary to the duties
and activities of the International Clean Energy Foundation as
established by the Energy Independence and Security Act of 2007 (Public
Law 110-140).''.
(b) Report to the Congress.--Within 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall submit to
the Congress a report on the operations of any fund to which amounts
made available under section 64 of the Bretton Woods Agreements Act are
provided, including a description of--
(1) any projects for which amounts have been disbursed from
the fund;
(2) the effects expected by the Secretary of each such
project on the overall greenhouse gas emissions from the
country in which the project is being carried out;
(3) the criteria and methodology used to determine the
eligibility of proposed projects for funding from the fund;
(4) the progress made in commencing operations of the fund,
including any remaining obstacles to the operations; and
(5) any project for which amounts have been disbursed from
the fund which support coal or coal-related technologies, and a
justification for support for the project from the fund,
including a description of--
(A) the transformational nature of the project;
(B) how the project is consistent with the national
low carbon strategy of the country involved;
(C) the degree to which the project reduced GHG
emissions; and
(D) the degree to which the technology was a higher
cost technology relative to other available
technologies.
(c) Sense of the Congress.--It is the sense of the Congress that
small and medium-sized enterprises--
(1) are an important source of technological innovation and
economic development globally;
(2) can and should play an important role in the
dissemination and implementation of innovative clean
technologies in developing countries; and
(3) should be supported through any fund referred to in
subsection (b).
SEC. 2. USE OF GREENHOUSE GAS ACCOUNTING BY THE MULTILATERAL
DEVELOPMENT BANKS.
Title XIII of the International Financial Institutions Act (22
U.S.C. 26m-262m-7) is amended by adding at the end the following:
``SEC. 1308. USE OF GREENHOUSE GAS ACCOUNTING BY THE MULTILATERAL
DEVELOPMENT BANKS.
``(a) In General.--The Secretary of the Treasury shall seek to
ensure that each multilateral development bank (as defined in section
1701(c)(4)) adopts and implements Greenhouse Gas (GHG) accounting in
analyzing the benefits and costs of all projects for which funding is
sought from the bank.
``(b) Sense of the Congress.--It is the sense of the Congress that
adopting and implementing GHG accounting includes--
``(1) calculating net carbon flows;
``(2) establishing uniform calculation techniques, with
provision for modification as professional standards evolve;
``(3) making public the calculation techniques and the
calculations;
``(4) adopting and making public a uniform carbon charge
rate which appropriately reflects the global social cost of a
unit of carbon emissions; and
``(5) performing carbon GHG accounting, including a full
carbon charge for each project, defined as the net carbon flow
multiplied by the carbon charge rate.''. | Amends the Bretton Woods Agreements Act to authorize the Secretary of the Treasury to contribute to a Fund to promote accelerated deployment in developing countries of technologies designed to reduce greenhouse gas emissions.
Requires that such Fund be established and administered by the International Bank for Reconstruction and Development (IBRD).
Amends the the International Financial Institutions Act to direct the Secretary to seek to ensure that each multilateral development bank adopts and implements greenhouse gas accounting in analyzing the benefits and costs of all projects for which bank funding is sought. | {"src": "billsum_train", "title": "To authorize United States participation in, and appropriations for the United States contribution to, an international clean technology fund, and for other purposes."} | 1,315 | 116 | 0.523486 | 1.457268 | 0.619239 | 3.94898 | 12.326531 | 0.928571 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Uniformed Services
Medicare Subvention Demonstration Project Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of demonstration project.
Sec. 4. Determination of reimbursement amounts.
Sec. 5. Reporting requirements.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Medicare-eligible covered military beneficiary.--The
term ``medicare-eligible covered military beneficiary'' means a
beneficiary under chapter 55 of title 10, United States Code,
who--
(A) is entitled to hospital insurance benefits
under part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.);
(B) is enrolled in the supplementary medical
insurance program under part B of such title (42 U.S.C.
1395j et seq.); and
(C) resides within a geographic area designated
under section 3(b) as a location for the demonstration
project.
(2) TRICARE program.--The term ``TRICARE program'' means
the managed health care program that is established by the
Secretary of Defense under the authority of chapter 55 of title
10, United States Code, principally section 1097 of such title,
and includes the competitive selection of contractors to
financially underwrite the delivery of health care services
under the Civilian Health and Medical Program of the Uniformed
Services.
(3) Demonstration project.--The term ``demonstration
project'' means the uniformed services medicare subvention
demonstration project established under section 3.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Defense and the Secretary of Health and Human
Services acting jointly, except that in section 6, the term
means the Secretary of Veterans Affairs and the Secretary of
Health and Human Services acting jointly.
SEC. 3. ESTABLISHMENT OF DEMONSTRATION PROJECT.
(a) Establishment Required.--The Secretary of Defense and the
Secretary of Health and Human Services shall jointly establish a
demonstration project to provide the Department of Defense with
reimbursement, in accordance with section 4, from the medicare program
under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
for health care services provided to medicare-eligible covered military
beneficiaries who enroll in the demonstration project and receive the
health care services through the managed care option of the TRICARE
program.
(b) Location of Project.--The Secretaries shall conduct the
demonstration project in not more than five geographic areas of the
United States designated by the Secretaries.
(c) Duration.--The Secretaries shall conduct the demonstration
project during the three-year period beginning on January 1, 1998.
(d) Voluntary Enrollment; Effect of Enrollment.--Enrollment of
medicare-eligible covered military beneficiaries in the demonstration
project shall be voluntary, subject to the capacity and funding
limitations specified in section 4. In the case of a medicare-eligible
covered military beneficiary who enrolls in the demonstration project,
payments may not be made under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) other than for health care services provided
through the demonstration project, except that the Secretaries may
provide exceptions for emergencies or other situations as the
Secretaries consider appropriate.
(e) TRICARE Program Enrollment Fee Waiver.--The Secretary of
Defense shall waive the enrollment fee applicable to any medicare-
eligible covered military beneficiary enrolled in the managed care
option of the TRICARE program for whom reimbursement may be made under
section 4.
(f) Modification of TRICARE Contracts.--In carrying out the
demonstration project, the Secretary of Defense may amend existing
TRICARE program contracts to incorporate provisions applicable to
medicare-eligible covered military beneficiaries enrolled in the
demonstration project.
(g) Cost Sharing.--The Secretary of Defense may establish cost
sharing requirements for medicare-eligible covered military
beneficiaries who enroll in the demonstration project.
(h) Expansion of Demonstration Project.--The Secretaries shall
include in the demonstration project a provision for expanding the
demonstration project to incorporate health care services provided to
medicare-eligible covered military beneficiaries under the fee-for-
service options of the TRICARE program if, in the report submitted
under section 713 of the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-106; 110 Stat. 2591), the Secretaries
determined that such expansion of the demonstration project is feasible
and advisable.
SEC. 4. DETERMINATION OF REIMBURSEMENT AMOUNTS.
(a) Reimbursement of Department of Defense.--
(1) Basis of payments.--Monthly payments to the Department
of Defense under the demonstration project from the medicare
program under title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) shall be made on the basis that payments are made
under section 1876(a) of such Act (42 U.S.C. 1395mm(a)).
(2) Amount of payments.--Subject to subsection (c), the
Secretary of Health and Human Services shall make payments to
the Department of Defense from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund (allocated by the Secretary of Health and Human
Services between each trust fund based on the relative weight
that each trust fund contributes to the required payment) at a
per capita rate equal to 93 percent of the applicable adjusted
average per capita cost for each medicare-eligible covered
military beneficiary enrolled in the demonstration project in
excess of the number of such beneficiaries calculated under
subsection (b)(4) for the Department of Defense maintenance of
health care effort.
(b) Maintenance of Defense Health Care Effort.--
(1) Maintenance of effort required.--The Secretary of
Defense shall maintain the Department of Defense health care
efforts for medicare-eligible covered military beneficiaries so
as to avoid the imposition on the medicare program of the costs
of health care that medicare-eligible covered military
beneficiaries would be expected to receive from the Department
of Defense in the absence of the demonstration project.
(2) Estimate of prior effort.--The Secretaries shall
estimate the amount expended by the Department of Defense for
fiscal year 1997 for providing health care items and services
(other than pharmaceuticals provided to outpatients) to
medicare-eligible covered military beneficiaries. Such amount
shall be adjusted for inflation after the first year of the
demonstration project, for differences between estimated and
actual amounts expended, and for changes in the Department of
Defense health care budget that exceed $100,000,000.
(3) Distribution of effort.--The amount determined and
adjusted under paragraph (2) shall be divided into a portion
devoted to providing health care services to medicare-eligible
covered military beneficiaries who do not enroll in the
demonstration project (which of the total amount may not exceed
70 percent in the first year, 60 percent in the second year,
and 50 percent in the third year) and a portion devoted to
medicare-eligible covered military beneficiaries who are
enrolled in the demonstration project.
(4) Target for defense effort.--The Secretaries shall
establish monthly targets for the number of medicare-eligible
covered military beneficiaries enrolled in the demonstration
project necessary to meet the maintenance of effort portion
devoted to such beneficiaries under paragraph (3).
(c) Annual Limit on Use of Medicare Funds.--Annual medicare
payments to the Department of Defense under subsection (a) for the
demonstration project may not exceed $65,000,000.
(d) Protection of Medicare Program Against Increased Costs.--
(1) Purpose.--The purpose of this subsection is to protect
the medicare program against costs incurred in connection with
the provision of health care services to medicare-eligible
covered military beneficiaries enrolled in the demonstration
project that would not have been incurred by the medicare
program in the absence of the reimbursement requirement under
subsection (a).
(2) Additional protections.--If the Secretaries determine
that the trust funds under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.) still incur excess costs as a
result of the demonstration project, the Secretaries shall take
such steps as may be necessary to offset those excess costs
(and prevent future excess costs), including suspension or
termination of the demonstration project or adjustment of the
payment rate under subsection (a)(2).
(e) Review by Comptroller General.--Not later than December 31 of
each year in which the demonstration project is conducted, the
Comptroller General shall determine and submit to the Secretaries and
Congress a report on the extent, if any, to which the costs of the
Secretary of Defense under the TRICARE program and the costs of the
Secretary of Health and Human Services under the medicare program have
increased as a result of the project.
(f) Demonstration Project Adjustments Following Review.--Based on
the review prepared under subsection (e), the Secretaries shall modify
the demonstration project at the end of each year as provided in
subsection (d)(2) to correct for any discrepancy between cost targets
and actual spending under the demonstration project. The Secretaries
shall provide for an annual reconciliation of payments to ensure that
actual costs incurred by the Secretary of Defense to provide health
care services to medicare-eligible covered military beneficiaries,
exclusive of payments from the Secretary of Health and Human Services
under subsection (a), met the maintenance of effort requirements under
subsection (b).
SEC. 5. REPORTING REQUIREMENTS.
Not later than 15 months after the establishment of the
demonstration project, and then not later than 90 days after the end of
the demonstration project, the Secretaries shall submit to Congress a
report containing the following:
(1) The number of medicare-eligible covered military
beneficiaries enrolling in the demonstration project instead of
receiving health benefits through another health insurance plan
(including through the medicare program).
(2) An analysis of whether, and in what manner, easier
access to the military treatment system affects the number of
medicare-eligible covered military beneficiaries receiving
health benefits under the medicare program.
(3) A list of the health insurance plans and programs that
were the primary payers for medicare-eligible covered military
beneficiaries during the year prior to their enrollment in the
demonstration project and the distribution of their previous
enrollment in such plans and programs.
(4) An identification of cost-shifting (if any) among
medical care programs as a result of the demonstration project
and a description of the nature of any such cost-shifting.
(5) An analysis of how the demonstration project affects
the overall accessibility of the military treatment system and
the amount of space available for point-of-service care and a
description of the unintended effects (if any) upon the normal
treatment priority system.
(6) A description of the difficulties (if any) experienced
by the Department of Defense in managing the demonstration
project.
(7) A description of the effects of the demonstration
project on military treatment facility readiness and training
and the probable effects of the project on overall Department
of Defense medical readiness and training.
(8) A description of the effects that the demonstration
project, if permanent, would be expected to have on the overall
budget of the military health care system and the budgets of
individual military treatment facilities.
(9) An analysis of whether the demonstration project
affects the cost to the Department of Defense of prescription
drugs or the accessibility, availability, and cost of such
drugs to program beneficiaries. | Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1998, in no more than five geographic regions designated by the Secretaries. Makes project enrollment voluntary. Requires the Secretary of Defense to waive the TRICARE enrollment fee for project participants for whom Medicare reimbursement may be made. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable.
Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts.
Directs the Secretary of Defense to: (1) maintain the DOD health care efforts for Medicare-eligible covered military beneficiaries; (2) estimate the amount expended by DOD for FY 1997 for providing health care items and services to such beneficiaries; and (3) establish monthly targets for the number of such beneficiaries enrolled in the project necessary to meet DOD maintenance of health care efforts for such individuals. Limits to $65 million the annual payments to DOD for the project.
Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project.
Directs the Secretaries to submit to the Congress an interim and final report on various project aspects. | {"src": "billsum_train", "title": "Uniformed Services Medicare Subvention Demonstration Project Act"} | 2,534 | 477 | 0.613746 | 1.986111 | 0.804688 | 3.803318 | 5.476303 | 0.898104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Victims Relief Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The American people abhor torture by any government or
person. The existence of torture creates a climate of fear and
international insecurity that affects all people.
(2) Torture is the deliberate mental and physical damage
caused by governments to individuals to destroy individual
personality and terrorize society. The effects of torture are
long term. Those effects can last a lifetime for the survivors
and affect future generations.
(3) By eliminating leadership of their opposition and
frightening the general public, repressive governments often
use torture as a weapon against democracy.
(4) Torture survivors remain under physical and
psychological threats, especially in communities where the
perpetrators are not brought to justice. In many nations, even
those who treat torture survivors are threatened with
reprisals, including torture, for carrying out their ethical
duties to provide care. Both the survivors of torture and their
treatment providers should be accorded protection from further
repression.
(5) A significant number of refugees and asylees entering
the United States have been victims of torture. Those claiming
asylum deserve prompt consideration of their applications for
political asylum to minimize their insecurity and sense of
danger. Many torture survivors now live in the United States.
They should be provided with the rehabilitation services which
would enable them to become productive members of our
communities.
(6) The development of a treatment movement for torture
survivors has created new opportunities for action by the
United States and other nations to oppose state-sponsored and
other acts of torture.
(7) There is a need for a comprehensive strategy to protect
and support torture victims and their treatment providers,
together with overall efforts to eliminate torture.
(8) By acting to heal the survivors of torture and protect
their families, the United States can help to heal the effects
of torture and prevent its use around the world.
(9) The United States became a party to the Convention
Against Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment on November 20, 1994, but has not
implemented Article 3 of the Convention.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meanings given those terms in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
(2) Torture.--The term ``torture'' has the meaning given
the term in section 2340(1) of title 18, United States Code,
and includes the use of rape and other forms of sexual violence
by a person acting under the color of law upon another person
under his custody or physical control.
SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION
TO TORTURE.
(a) Prohibition.--Notwithstanding any other provision of law, the
United States shall not expel, remove, extradite, or otherwise return
involuntarily an individual to a country if there is substantial
evidence that a reasonable person in the circumstances of that
individual would fear subjection to torture in that country.
(b) Definition.--For purposes of this section, the term ``to return
involuntarily'', in the case of an individual, means--
(1) to return the individual without the individual's
consent, whether or not the return is induced by physical force
and whether or not the person is physically present in the
United States; or
(2) to take an action by which it is reasonably foreseeable
that the individual will be returned, whether or not the return
is induced by physical force and whether or not the person is
physically present in the United States.
SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.
(a) Covered Aliens.--An alien described in this section is any
alien who presents a claim of having been subjected to torture, or whom
there is reason to believe has been subjected to torture.
(b) Consideration of the Effects of Torture.--In considering an
application by an alien described in subsection (a) for refugee status
under section 207 of the Immigration and Nationality Act, asylum under
section 208 of that Act, or withholding of removal under section
241(b)(3) of that Act, the appropriate officials shall take into
account--
(1) the manner in which the effects of torture might affect
the applicant's responses in the application and in the
interview process or other immigration proceedings, as the case
may be;
(2) the difficulties torture victims often have in
recounting their suffering under torture; and
(3) the fear victims have of returning to their country of
nationality where, even if torture is no longer practiced or
the incidence of torture is reduced, their torturers may have
gone unpunished and may remain in positions of authority.
(c) Expedited Processing of Refugee Admissions.--For purposes of
section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), refugees who have been subjected to torture shall be
considered to be refugees of special humanitarian concern to the United
States and shall be accorded priority for resettlement at least as high
as that accorded any other group of refugees.
(d) Processing for Asylum and Withholding of Removal.--Section
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(A)) is amended by adding at the end the following new
clause:
``(iv) Special procedures for aliens who
are the victims of torture.--
``(I) Expedited procedures.--With
the consent of the alien, an asylum
officer or immigration judge shall
expedite the scheduling of an asylum
interview or a removal proceeding for
any alien who presents a claim of
having been subjected to torture,
unless the evidence indicates that a
delay in making a determination
regarding the granting of asylum under
section 208 of the Immigration and
Nationality Act or the withholding of
removal under section 241(b)(3) of that
Act with respect to the alien would not
aggravate the physical or psychological
effects of torture upon the alien.
``(II) Delay of proceedings.--With
the consent of the alien, an asylum
officer or immigration judge shall
postpone an asylum interview or a
removal proceeding for any alien who
presents a claim of having been
subjected to torture, if the evidence
indicates that, as a result of the
alien's mental or physical symptoms
resulting from torture, including the
alien's inability to recall or relate
the events of the torture, the alien
will require more time to recover or be
treated before being required to
testify.
(e) Parole in Lieu of Detention.--The finding that an alien is a
person described in subsection (a) shall be a strong presumptive basis
for a grant of parole, under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention.
(f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by
inserting before the period at the end the following: ``, or to an
alien described in section 5(a) of the Torture Victims Relief Act''.
(g) Sense of Congress.--It is the sense of Congress that the
Attorney General should allocate resources sufficient to maintain in
the Resource Information Center of the Immigration and Naturalization
Service current information relating to the use of torture in foreign
countries.
SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM
PERSONNEL.
(a) In General.--The Attorney General shall provide training for
immigration inspectors and examiners, immigration officers, asylum
officers, immigration judges, and all other relevant officials of the
Department of Justice, and the Secretary of State shall provide
training for consular officers, with respect to--
(1) the identification of torture;
(2) the identification of the surrounding circumstances in
which torture is most often practiced;
(3) the long-term effects of torture upon a victim;
(4) the identification of the physical, cognitive, and
emotional effects of torture, and the manner in which these
effects can affect the interview or hearing process; and
(5) the manner of interviewing victims of torture so as not
to retraumatize them, eliciting the necessary information to
document the torture experience, and understanding the
difficulties victims often have in recounting their torture
experience.
(b) Gender-Related Considerations.--In conducting training under
subsection (a) (4) or (5), gender-specific training shall be provided
on the subject of interacting with women and men who are victims of
torture by rape or any other form of sexual violence.
SEC. 7. DOMESTIC TREATMENT CENTERS.
(a) Amendment of the Immigration and Nationality Act.--Section 412
of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by
adding at the end the following new subsection:
``(b) Assistance for Treatment of Torture Victims.--The Secretary
may provide grants to programs in the United States to cover the cost
of the following services:
``(1) Services for the rehabilitation of victims of
torture, including treatment of the physical and psychological
effects of torture.
``(2) Social and legal services for victims of torture.
``(3) Research and training for health care providers
outside of treatment centers, or programs for the purpose of
enabling such providers to provide the services described in
paragraph (1).''.
(b) Funding.--
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for the Department of Health and
Human Services for fiscal years 1999, 2000, and 2001, but not
from funds made available to the Office of Refugee
Resettlement, there are authorized to be appropriated to carry
out section 412(g) of that Act (relating to assistance for
domestic centers and programs for the treatment of victims of
torture), as added by subsection (a), the following amounts for
the following fiscal years:
(A) For fiscal year 1999, $5,000,000.
(B) For fiscal year 2000, $7,500,000.
(C) For fiscal year 2001, $9,000,000.
(2) Availability of funds.--Amounts appropriated pursuant
to this subsection shall remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1998.
SEC. 8. FOREIGN TREATMENT CENTERS.
(a) Amendments of the Foreign Assistance Act of 1961.--Part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended
by adding at the end of chapter 1 the following new section:
``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE.
``(a) In General.--The President is authorized to provide
assistance for the rehabilitation of victims of torture.
``(b) Eligibility for Grants.--Such assistance shall be provided in
the form of grants to treatment centers and programs in foreign
countries that are carrying out projects or activities specifically
designed to treat victims of torture for the physical and psychological
effects of the torture.
``(c) Use of Funds.--Such assistance shall be available--
``(1) for direct services to victims of torture; and
``(2) to provide research and training to health care
providers outside of treatment centers or programs described in
subsection (b), for the purpose of enabling such providers to
provide the services described in paragraph (1).''.
(b) Funding.--
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for fiscal years 1999, 2000, and
2001 pursuant to chapter 1 of part I of the Foreign Assistance
Act of 1961, there are authorized to be appropriated to the
President $5,000,000 for fiscal year 1999, $7,500,000 for
fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry
out section 129 of the Foreign Assistance Act, as added by
subsection (a).
(2) Availability of funds.--Amounts appropriated pursuant
to this subsection shall remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1998.
SEC. 9. MULTILATERAL ASSISTANCE.
(a) Funding.--Of the amounts authorized to be appropriated for
fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of
the Foreign Assistance Act of 1961, there are authorized to be
appropriated to the United Nations Voluntary Fund for Victims of
Torture (in this section referred to as the ``Fund'') the following
amounts for the following fiscal years:
(1) Fiscal year 1999.--For fiscal year 1999, $3,000,000.
(2) Fiscal year 2000.--For fiscal year 2000, $3,000,000.
(3) Fiscal year 2001.--For fiscal year 2001, $3,000,000.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of Congress that the
President, acting through the United States Permanent Representative to
the United Nations, should--
(1) request the Fund--
(A) to find new ways to support and protect
treatment centers and programs that are carrying out
rehabilitative services for victims of torture; and
(B) to encourage the development of new such
centers and programs;
(2) use the voice and vote of the United States to support
the work of the Special Rapporteur on Torture and the Committee
Against Torture established under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and
(3) use the voice and vote of the United States to
establish a country rapporteur or similar procedural mechanism
to investigate human rights violations in a country if either
the Special Rapporteur or the Committee Against Torture
indicates that a systematic practice of torture is prevalent in
that country. | Torture Victims Relief Act - Prohibits the United States from expelling, removing, extraditing, or otherwise involuntarily returning an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country.
(Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured.
Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act.
Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries.
(Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims.
(Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims.
(Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations.
(Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 through 2001. | {"src": "billsum_train", "title": "Torture Victims Relief Act"} | 3,135 | 480 | 0.530739 | 1.786641 | 0.720734 | 4.146635 | 6.807692 | 0.925481 |
SECTION 1. CONSOLIDATION OF LIFE INSURANCE COMPANIES WITH OTHER
COMPANIES PERMITTED.
(a) In General.--Section 1504(b) of the Internal Revenue Code of
1986 (defining includible corporation) is amended by striking paragraph
(2) and by redesignating paragraphs (3) through (8) as paragraphs (2)
through (7), respectively.
(b) Conforming Amendments.--
(1) Section 1503 of the Internal Revenue Code of 1986 is
amended by striking subsection (c) (relating to special rule
for application of certain losses against income of insurance
companies taxed under section 801) and by redesignating
subsections (d), (e), and (f) as subsections (b), (c), and (d),
respectively.
(2) Section 1504 of such Code is amended by striking
subsection (c) and by redesignating subsections (d), (e), and
(f) as subsections (c), (d), and (e), respectively.
(3) Section 243(b)(2)(A) of such Code is amended by
striking ``sections 1504(b)(2), 1504(b)(4), and 1504(c)'' and
inserting ``section 1504(b)(3)''.
(4) Section 805(a)(4)(E) of such Code is amended by
striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(5) Section 818(e)(1) of such Code is amended to read as
follows:
``(1) Items of companies other than insurance companies.--
If an affiliated group includes members which are and which are
not taxed under section 801, all items of the members of such
group which are not taxed under section 801 shall not be taken
into account in determining the amount of the tentative LICTI
of members of such group which are taxed under section 801.''.
(6) Section 832(b)(5)(D)(ii)(II) of such Code is amended by
striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(7) Section 864(e)(5)(A) of such Code is amended by
striking ``paragraph (4)'' and inserting ``paragraph (3)''.
(8) Section 936(i)(5)(A) of such Code is amended by
striking ``section 1504(b)(3) or (4)'' and inserting ``section
1504(b)(2) or (3)''.
(9) Section 952(c)(1)(B)(vii)(II) of such Code is amended
by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(10) Section 953(d)(3) of such Code is amended by striking
``1503(d)'' and inserting ``1503(c)''.
(11) Section 954(h)(4)(F)(ii) of such Code is amended by
striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(12) Section 6166(b)(10)(B)(ii)(V) of such Code is amended
by striking ``1504(b)(3)'' and inserting ``1504(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 2. PHASE-IN OF APPLICATION OF CERTAIN LOSSES AGAINST INCOME OF
INSURANCE COMPANIES.
(a) Phase-in.--
(1) In general.--For taxable years beginning after December
31, 2006, and before January 1, 2013, if--
(A) an affiliated group includes 1 or more domestic
insurance companies subject to tax under section 801 of
the Internal Revenue Code of 1986, and
(B) the consolidated taxable income of the members
of the group not taxed under such section 801 results
in a consolidated net operating loss for such taxable
year,
then, under regulations prescribed by the Secretary of the
Treasury or his delegate, the amount of such loss which cannot
be absorbed in the applicable carryback periods against the
taxable income of such members not taxed under such section 801
shall be taken into account in determining the consolidated
taxable income of the affiliated group for such taxable year to
the extent of the applicable percentage of such loss or the
applicable percentage of the taxable income of the members
taxed under such section 801, whichever is less. The unused
portion of such loss shall be available as a carryover, subject
to the same limitations (but determined based on the applicable
percentage with respect to the year to which carried and
applicable to the sum of the loss for the carryover year and
the loss (or losses) carried over to such year), in applicable
carryover years.
(2) Applicable percentage.--For purposes of paragraph (1),
the applicable percentage shall be determined in accordance
with the following table:
The applicable
For taxable years beginning in: percentage is:
2007................................................... 40
2008................................................... 50
2009................................................... 60
2010................................................... 70
2011................................................... 80
2012................................................... 90.
(b) No Carryback Before January 1, 2007.--To the extent that a
consolidated net operating loss is allowed or increased by reason of
this section or the amendments made by this Act, such loss (or increase
in such loss, as the case may be) may not be carried back to a taxable
year beginning before January 1, 2007.
(c) Nontermination of Group.--No affiliated group shall terminate
solely as a result of this section or the amendments made by this Act.
(d) Subsidiary Stock Basis Adjustments.--A member corporation's
basis in the stock of a subsidiary corporation shall be adjusted upon
consolidation to reflect the preconsolidation income, gain, deduction,
loss, distributions, and other relevant amounts during a period when
such corporations were members of an affiliated group (determined
without regard to section 1504(b)(2) of the Internal Revenue Code of
1986 as in effect on the day before the date of enactment of this Act)
but were not included in a consolidated return of such group by
operation of section 1504(c)(2)(A) of such Code (as in effect on the
day before the date of the enactment of this Act).
(e) Waiver of 5-Year Waiting Period.--An automatic waiver from the
5-year waiting period for reconsolidation provided in section
1504(a)(3) of the Internal Revenue Code of 1986 shall be granted to any
corporation which was previously an includible corporation but was
subsequently deemed a nonincludible corporation as a result of becoming
a subsidiary of a corporation which was not an includible corporation
solely by operation of section 1504(c)(2) of such Code (as in effect on
the day before the date of enactment of this Act), subject to such
conditions as the Secretary may prescribe. | Amends the Internal Revenue Code to allow affiliated life and non-life insurance companies to file consolidated tax returns.
Allows: (1) a phasein, between 2007 and 2013, of the full application of losses of affiliated non-life insurance companies against the taxable income of an affiliated life insurance company; and (2) an automatic waiver of the five-year waiting period applicable to affiliated non-life insurance companies for offset of their losses against life insurance company income. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to permit the consolidation of life insurance companies with other companies."} | 1,565 | 94 | 0.434708 | 1.193062 | 0.520048 | 1.706522 | 14.195652 | 0.815217 |
OF DISPUTES AND CLAIMS.
(a) Relinquishment, Extinguishment, and Compromise of Santo Domingo
Claims.--
(1) Extinguishment.--
(A) In general.--Subject to paragraph (2), in consideration
of the benefits provided under this Act, and in accordance with
the Settlement Agreement pursuant to which the Pueblo has
agreed to relinquish and compromise certain claims, the
Pueblo's land and trespass claims described in subparagraph (B)
are hereby extinguished, effective as of the date specified in
paragraph (5).
(B) Claims.--The claims described in this subparagraph are
the following:
(i) With respect to the Pueblo's claims against the
United States, its agencies, officers, and
instrumentalities, all claims to land, whether based on
aboriginal or recognized title, and all claims for damages
or other judicial relief or for administrative remedies
pertaining in any way to the Pueblo's land, such as
boundary, trespass, and mismanagement claims, including any
claim related to--
(I) any federally administered lands, including
National Forest System lands designated in the
Settlement Agreement for possible sale or exchange to
the Pueblo;
(II) any lands owned or held for the benefit of any
Indian tribe other than the Pueblo; and
(III) all claims which were, or could have been
brought against the United States in docket No. 355,
pending in the United States Court of Federal Claims.
(ii) With respect to the Pueblo's claims against
persons, the State of New Mexico and its subdivisions, and
Indian tribes other than the Pueblo, all claims to land,
whether based on aboriginal or recognized title, and all
claims for damages or other judicial relief or for
administrative remedies pertaining in any way to the
Pueblo's land, such as boundary and trespass claims.
(iii) All claims listed on pages 13894-13895 of volume
48 of the Federal Register, published on March 31, 1983,
except for claims numbered 002 and 004.
(2) Rule of construction.--Nothing in this Act (including
paragraph (1)) shall be construed--
(A) to in any way effectuate an extinguishment of or
otherwise impair--
(i) the Pueblo's title to lands acquired by or for the
benefit of the Pueblo since December 28, 1927, or in a
tract of land of approximately 150.14 acres known as the
``sliver area'' and described on a plat which is appendix H
to the Settlement Agreement;
(ii) the Pueblo's title to land within the Santo
Domingo Pueblo Grant which the Pueblo Lands Board found not
to have been extinguished; or
(iii) the Pueblo's water rights appurtenant to the
lands described in clauses (i) and (ii); and
(B) to expand, reduce, or otherwise impair any rights which
the Pueblo or its members may have under existing Federal
statutes concerning religious and cultural access to and uses
of the public lands.
(3) Confirmation of determination.--The Pueblo Lands Board's
determination on page 1 of its Report of December 28, 1927, that
Santo Domingo Pueblo title, derived from the Santo Domingo Pueblo
Grant to the lands overlapped by the La Majada, Sitio de Juana
Lopez and Mesita de Juana Lopez Grants has been extinguished is
hereby confirmed as of the date of that Report.
(4) Transfers prior to enactment.--
(A) In general.--In accordance with the Settlement
Agreement, any transfer of land or natural resources, prior to
the date of enactment of this Act, located anywhere within the
United States from, by, or on behalf of the Pueblo, or any of
the Pueblo's members, shall be deemed to have been made in
accordance with the Act of June 30, 1834 (4 Stat. 729; commonly
referred to as the Trade and Intercourse Act), section 17 of
the Act of June 7, 1924 (43 Stat. 641; commonly referred to as
the Pueblo Lands Act), and any other provision of Federal law
that specifically applies to transfers of land or natural
resources from, by, or on behalf of an Indian tribe, and such
transfers shall be deemed to be ratified effective as of the
date of the transfer.
(B) Rule of construction.--Nothing in subparagraph (A)
shall be construed to affect or eliminate the personal claim of
any individual Indian which is pursued under any law of general
applicability that protects non-Indians as well as Indians.
(5) Effective date.--The provisions of paragraphs (1), (3), and
(4) shall take effect upon the entry of a compromise final
judgment, in a form and manner acceptable to the Attorney General,
in the amount of $8,000,000 in the case of Pueblo of Santo Domingo
v. United States (Indian Claims Commission docket No. 355). The
judgment so entered shall be paid from funds appropriated pursuant
to section 1304 of title 31, United States Code.
(b) Trust Funds; Authorization of Appropriations.--
(1) Establishment.--There is hereby established in the Treasury
a trust fund to be known as the ``Pueblo of Santo Domingo Land
Claims Settlement Fund''. Funds deposited in the Fund shall be
subject to the following conditions:
(A) The Fund shall be maintained and invested by the
Secretary of the Interior pursuant to the Act of June 24, 1938
(25 U.S.C. 162a).
(B) Subject to the provisions of paragraph (3), monies
deposited into the Fund may be expended by the Pueblo to
acquire lands within the exterior boundaries of the exclusive
aboriginal occupancy area of the Pueblo, as described in the
Findings of Fact of the Indian Claims Commission, dated May 9,
1973, and for use for education, economic development, youth
and elderly programs, or for other tribal purposes in
accordance with plans and budgets developed and approved by the
Tribal Council of the Pueblo and approved by the Secretary.
(C) If the Pueblo withdraws monies from the Fund, neither
the Secretary nor the Secretary of the Treasury shall retain
any oversight over or liability for the accounting,
disbursement, or investment of such withdrawn monies.
(D) No portion of the monies described in subparagraph (C)
may be paid to Pueblo members on a per capita basis.
(E) The acquisition of lands with monies from the Fund
shall be on a willing-seller, willing-buyer basis, and no
eminent domain authority may be exercised for purposes of
acquiring lands for the benefit of the Pueblo pursuant to this
Act.
(F) The provisions of Public Law 93-134, governing the
distribution of Indian claims judgment funds, and the plan
approval requirements of section 203 of Public Law 103-412
shall not be applicable to the Fund.
(2) Authorization of appropriations.--There are authorized to
be appropriated $15,000,000 for deposit into the Fund, in
accordance with the following schedule:
(A) $5,000,000 to be deposited in the fiscal year which
commences on October 1, 2001.
(B) $5,000,000 to be deposited in the next fiscal year.
(C) The balance of the funds to be deposited in the third
consecutive fiscal year.
(3) Limitation on disbursal.--Amounts authorized to be
appropriated to the Fund under paragraph (2) shall not be disbursed
until the following conditions are met:
(A) The case of Pueblo of Santo Domingo v. Rael (No. CIV-
83-1888) in the United States District Court for the District
of New Mexico, has been dismissed with prejudice.
(B) A compromise final judgment in the amount of $8,000,000
in the case of Pueblo of Santo Domingo v. United States (Indian
Claims Commission docket No. 355) in a form and manner
acceptable to the Attorney General, has been entered in the
United States Court of Federal Claims in accordance with
subsection (a)(5).
(4) Deposits.--Funds awarded to the Pueblo consistent with
subsection (c)(2) in docket No. 355 of the Indian Claims Commission
shall be deposited into the Fund.
(c) Activities Upon Compromise.--On the date of the entry of the
final compromise judgment in the case of Pueblo of Santo Domingo v.
United States (Indian Claims Commission docket No. 355) in the United
States Court of Federal Claims, and the dismissal with prejudice of the
case of Pueblo of Santo Domingo v. Rael (No. CIV-83-1888) in the United
States District Court for the District of New Mexico, whichever occurs
later--
(1) the public lands administered by the Bureau of Land
Management and described in section 6 of the Settlement Agreement,
and consisting of approximately 4,577.10 acres of land, shall
thereafter be held by the United States in trust for the benefit of
the Pueblo, subject to valid existing rights and rights of public
and private access, as provided for in the Settlement Agreement;
(2) the Secretary of Agriculture is authorized to sell and
convey National Forest System lands and the Pueblo shall have the
exclusive right to acquire these lands as provided for in section 7
of the Settlement Agreement, and the funds received by the
Secretary of Agriculture for such sales shall be deposited in the
fund established under the Act of December 4, 1967 (16 U.S.C. 484a)
and shall be available to purchase non-Federal lands within or
adjacent to the National Forests in the State of New Mexico;
(3) lands conveyed by the Secretary of Agriculture pursuant to
this section shall no longer be considered part of the National
Forest System and upon any conveyance of National Forest lands, the
boundaries of the Santa Fe National Forest shall be deemed modified
to exclude such lands;
(4) until the National Forest lands are conveyed to the Pueblo
pursuant to this section, or until the Pueblo's right to purchase
such lands expires pursuant to section 7 of the Settlement
Agreement, such lands are withdrawn, subject to valid existing
rights, from any new public use or entry under any Federal land
law, except for permits not to exceed 1 year, and shall not be
identified for any disposition by or for any agency, and no mineral
production or harvest of forest products shall be permitted, except
that nothing in this subsection shall preclude forest management
practices on such lands, including the harvest of timber in the
event of fire, disease, or insect infestation; and
(5) once the Pueblo has acquired title to the former National
Forest System lands, these lands may be conveyed by the Pueblo to
the Secretary of the Interior who shall accept and hold such lands
in the name of the United States in trust for the benefit of the
Pueblo.
SEC. 6. AFFIRMATION OF ACCURATE BOUNDARIES OF SANTO DOMINGO PUEBLO
GRANT.
(a) In General.--The boundaries of the Santo Domingo Pueblo Grant,
as determined by the 1907 Hall-Joy Survey, confirmed in the Report of
the Pueblo Lands Board, dated December 28, 1927, are hereby declared to
be the current boundaries of the Grant and any lands currently owned by
or on behalf of the Pueblo within such boundaries, or any lands
hereinafter acquired by the Pueblo within the Grant in fee simple
absolute, shall be considered to be Indian country within the meaning
of section 1151 of title 18, United States Code.
(b) Limitation.--Any lands or interests in lands within the Santo
Domingo Pueblo Grant, that are not owned or acquired by the Pueblo,
shall not be treated as Indian country within the meaning of section
1151 of title 18, United States Code.
(c) Acquisition of Federal Lands.--Any Federal lands acquired by
the Pueblo pursuant to section 5(c)(1) shall be held in trust by the
Secretary for the benefit of the Pueblo, and shall be treated as Indian
country within the meaning of section 1151 of title 18, United States
Code.
(d) Land Subject to Provisions.--Any lands acquired by the Pueblo
pursuant to section 5(c), or with funds subject to section 5(b), shall
be subject to the provisions of section 17 of the Act of June 7, 1924
(43 Stat. 641; commonly referred to as the Pueblo Lands Act).
(e) Rule of Construction.--Nothing in this Act or in the Settlement
Agreement shall be construed to--
(1) cloud title to federally administered lands or non-Indian
or other Indian lands, with regard to claims of title which are
extinguished pursuant to section 5; or
(2) affect actions taken prior to the date of enactment of this
Act to manage federally administered lands within the boundaries of
the Santo Domingo Pueblo Grant.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Extinguishes certain Pueblo land and trespass claims. Sets forth provisions relating to the treatment of land or natural resources transferred by the Pueblo prior to this Act's enactment date and ratifies such transfers. Makes this paragraph effective upon the entry of a compromise final judgment in the case of Pueblo of Santo Domingo v. United States.
Establishes the Pueblo of Santo Domingo Land Claims Settlement Fund to be expended by the Pueblo to acquire lands within the exterior boundaries of the exclusive aboriginal occupancy area of the Pueblo and for use for other tribal purposes. Authorizes appropriations. Prohibits disbursal of amounts in the Fund until: (1) the case of Pueblo of Santo Domingo v. Rael has been dismissed with prejudice; and (2) the compromise final judgment described above has been entered in the U.S. Court of Federal Claims.
Declares the boundaries of the Santo Domingo Pueblo Grant, as determined by the 1907 Hall-Joy Survey, to be the current boundaries of the Grant and that any lands currently owned or hereafter acquired by the Pueblo within such boundaries or the Grant shall be considered to be Indian country. | {"src": "billsum_train", "title": "Santo Domingo Pueblo Claims Settlement Act of 2000"} | 2,969 | 283 | 0.566795 | 1.951737 | 0.738108 | 4.507246 | 12.487923 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Benefits Fairness Act''.
SEC. 2. MODIFICATIONS OF JOINT AND SURVIVOR ANNUITY REQUIREMENTS.
(a) Amendments to ERISA.--
(1) Amount of annuity.--
(A) In general.--Paragraph (1) of section 205(a) of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1055(a)) is amended by inserting ``or, at the
election of the participant, shall be provided in the
form of a qualified joint and \2/3\ survivor annuity''
after ``survivor annuity,''.
(B) Definition.--Subsection (d) of section 205 of
such Act (29 U.S.C. 1055) is amended--
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively,
(ii) by inserting ``(1)'' after ``(d)'',
and
(iii) by adding at the end the following
new paragraph:
``(2) For purposes of this section, the term ``qualified joint and
\2/3\ survivor annuity'' means an annuity--
``(A) for the participant while both the participant and
the spouse are alive with a survivor annuity for the life of
surviving individual (either the participant or the spouse)
equal to 67 percent of the amount of the annuity which is
payable to the participant while both the participant and the
spouse are alive,
``(B) which is the actuarial equivalent of a single annuity
for the life of the participant, and
``(C) which, for all other purposes of this Act, is treated
as a qualified joint and survivor annuity.''.
(2) Illustration requirement.--Clause (i) of section
205(c)(3)(A) of such Act (29 U.S.C. 1055(c)(3)(A)) is amended
to read as follows:
``(i) the terms and conditions of each qualified joint and
survivor annuity and qualified joint and \2/3\ survivor annuity
offered, accompanied by an illustration of the benefits under
each such annuity for the particular participant and spouse and
an acknowledgement form to be signed by the participant and the
spouse that they have read and considered the illustration
before any form of retirement benefit is chosen,''.
(b) Amendments to Internal Revenue Code.--
(1) Amount of annuity.--
(A) In general.--Clause (i) of section
401(a)(11)(A) of the Internal Revenue Code of 1986
(relating to requirement of joint and survivor annuity
and preretirement survivor annuity) is amended by
inserting ``or, at the election of the participant,
shall be provided in the form of a qualified joint and
\2/3\ survivor annuity'' after ``survivor annuity,''.
(B) Definition.--Section 417 of such Code (relating
to definitions and special rules for purposes of
minimum survivor annuity requirements) is amended by
redesignating subsection (f) as subsection (g) and by
inserting after subsection (e) the following new
subsection:
``(f) Definition of Qualified Joint and \2/3\ Survivor Annuity.--
For purposes of this section and section 401(a)(11), the term
``qualified joint and \2/3\ survivor annuity'' means an annuity--
``(1) for the participant while both the participant and
the spouse are alive with a survivor annuity for the life of
surviving individual (either the participant or the spouse)
equal to 67 percent of the amount of the annuity which is
payable to the participant while both the participant and the
spouse are alive,
``(2) which is the actuarial equivalent of a single annuity
for the life of the participant, and
``(3) which, for all other purposes of this title, is
treated as a qualified joint and survivor annuity.''.
(2) Illustration requirement.--Clause (i) of section
417(a)(3)(A) of such Code (relating to explanation of joint and
survivor annuity) is amended to read as follows:
``(i) the terms and conditions of each
qualified joint and survivor annuity and
qualified joint and \2/3\ survivor annuity
offered, accompanied by an illustration of the
benefits under each such annuity for the
particular participant and spouse and an
acknowledgement form to be signed by the
participant and the spouse that they have read
and considered the illustration before any form
of retirement benefit is chosen,''.
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to plan years beginning after December 31, 1996.
(2) Special rule for collectively bargained plans.--In the
case of a plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified on or before the date of enactment of
this Act, the amendments made by this section shall apply to
the first plan year beginning on or after the earlier of--
(A) the later of--
(i) January 1, 1998, or
(ii) the date on which the last of such
collective bargaining agreements terminates
(determined without regard to any extension
thereof after the date of enactment of this
Act), or
(B) January 1, 1999.
(3) Plan amendments.--If any amendment made by this section
requires an amendment to any plan, such plan amendment shall
not be required to be made before the first plan year beginning
on or after January 1, 1999, if--
(A) during the period after such amendment made by
this section takes effect and before such first plan
year, the plan is operated in accordance with the
requirements of such amendment made by this section,
and
(B) such plan amendment applies retroactively to
the period after such amendment made by this section
takes effect and such first plan year.
A plan shall not be treated as failing to provide definitely
determinable benefits or contributions, or to be operated in
accordance with the provisions of the plan, merely because it
operates in accordance with this paragraph. | Pension Benefits Fairness Act - Amends the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code to require the offer in every defined employee benefit plan of a joint and two-thirds survivor annuity option.
Requires comparative disclosure of all benefit options to both spouses. | {"src": "billsum_train", "title": "Pension Benefits Fairness Act"} | 1,450 | 68 | 0.47391 | 1.064604 | 0.315653 | 2.307692 | 23.480769 | 0.730769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Federal Mandates on School
Lunch Act''.
SEC. 2. PROHIBITION OF REGULATIONS ESTABLISHING CERTAIN LIMITS FOR THE
SCHOOL LUNCH PROGRAM.
Beginning on the date of enactment of this Act and until the date
of enactment of a law that extends by not less than 5 fiscal years the
authorization or duration of 1 or more programs under the Richard B.
Russell School Lunch Act (42 U.S.C. 1751 et seq.) or the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Secretary of
Agriculture shall not--
(1) implement, administer, or enforce part 210 of title 7,
Code of Federal Regulations (as such part relates to the
establishment of a maximum calorie limit and a maximum quantity
of grains, meat, or meat alternatives for the school lunch
program), as amended by the final regulations published by the
Department of Agriculture in the Federal Register on January
26, 2012 (77 Fed. Reg. 4088 et seq.); or
(2) promulgate or enforce any new rule or regulation that
establishes a maximum calorie limit or maximum quantity of
grains, meat, or meat alternatives for the school lunch program
established under the Richard B. Russell School Lunch Act (42
U.S.C. 1751 et seq.).
SEC. 3. PROHIBITION OF OTHER NUTRITION REGULATIONS FOR CERTAIN SCHOOL
FOOD AUTHORITIES.
(a) Prohibition.--
(1) In general.--Beginning on the date of enactment of this
Act and until the date of enactment of a law that extends by
not less than 5 fiscal years the authorization or duration of 1
or more programs under the Richard B. Russell School Lunch Act
(42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.), the Secretary of Agriculture shall not
implement, administer, or enforce the rules or regulations
described in subsection (b) with respect to any school food
authority that certifies to the State in which the school food
authority is located that the school food authority--
(A) has calculated the costs of complying with such
rules and regulations; and
(B) has determined, in a manner consistent with
school district operational procedures, that the school
food authority is not capable of operating a food
service program without increased costs as a result of
complying with any or all of such rules and
regulations.
(2) Prohibition on defining costs.--For purposes of this
subsection, the Secretary of Agriculture shall not--
(A) define the phrase ``costs of complying''; or
(B) establish or suggest how a school food
authority shall calculate the costs of complying under
paragraph (1)(A) or increased costs under paragraph
(1)(B).
(b) Regulations.--The rules and regulations described in subsection
(a)(1) are the following:
(1) The rule entitled ``National School Lunch Program and
School Breakfast Program: Nutrition Standards for All Foods
Sold in School as Required by the Healthy, Hunger-Free Kids Act
of 2010'' published by the Department of Agriculture in the
Federal Register on June 28, 2013 (78 Fed. Reg. 39068 et seq.),
or any new rule with respect to foods sold in schools other
than those foods provided under the Richard B. Russell School
Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
(2) Part 210 of title 7, Code of Federal Regulations (as
amended by the interim regulations published by the Department
of Agriculture in the Federal Register on June 17, 2011 (76 Fed
Reg. 35301 et seq.)), as such part relates to school lunch
price increases, or any new rule or regulation with respect to
increasing the price of school lunches under the Richard B.
Russell School Lunch Act (42 U.S.C. 1751 et seq.).
(3) Part 220 of title 7, Code of Federal Regulations (as
amended by the final regulations published by the Department of
Agriculture in the Federal Register on January 26, 2012 (77
Fed. Reg. 4088 et seq.)), as such part relates to establishing
new food-based meal patterns, nutrition standards, and meal
planning approaches for the school breakfast program, or any
new rule or regulation which establishes new food-based meal
patterns, nutrition standards, or meal planning approaches for
the school breakfast program established under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
SEC. 4. RULES OF CONSTRUCTION.
Nothing in this Act prohibits the Secretary of Agriculture from
implementing, administering, or enforcing--
(1) any rules or regulations not described in this Act; or
(2) parts 210 and 220 of title 7, Code of Federal
Regulations, as such parts were in effect on the day before the
effective dates of the amendments made to such parts described
in paragraphs (2) and (3) of section 3(b), respectively. | Reducing Federal Mandates on School Lunch Act - Prohibits the Secretary of Agriculture (USDA) from implementing, administering, or enforcing a specified regulation, or promulgating or enforcing any new rule or regulation, establishing a maximum calorie limit or quantity of grains, meat, or meat alternatives for the school lunch program. Prohibits the Secretary from implementing, administering, or enforcing specified rules and regulations with respect to any school food authority that certifies to its state that it: (1) has calculated the costs of complying with such rules and regulations; and (2) has determined, in a manner consistent with school district operational procedures, that it cannot operate a food service program without incurring increased costs for complying with those rules and regulations. Identifies those rules and regulations as: the rule entitled "National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010"; any new rule regarding foods sold in schools that are not foods provided under the school lunch or breakfast programs; a specified regulation and any new rule or regulation regarding school lunch price increases; and a specified regulation and any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program. Prohibits the Secretary from defining the phrase "costs of complying" or establishing or suggesting how a school food authority is to calculate those costs or increased costs for complying. Maintains these prohibitions until a law is enacted that extends by at least five fiscal years the authorization or duration of one or more school lunch or breakfast programs. | {"src": "billsum_train", "title": "Reducing Federal Mandates on School Lunch Act"} | 1,165 | 382 | 0.674395 | 1.792948 | 0.850696 | 4.329114 | 3.259494 | 0.886076 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Coal Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) fossil fuel-fired power plants are the largest source
of carbon dioxide emissions in the United States, releasing
approximately 2,500,000,000 tons of heat-trapping carbon
dioxide in 2004;
(2) United States power plants are responsible for nearly
40 percent of the carbon dioxide emissions of the United
States;
(3) coal power plants are responsible for producing
approximately 30 percent of United States annual carbon dioxide
emissions;
(4) according to the National Energy Technology Laboratory
of the Department of Energy--
(A) over 150 new coal-fired electric generating
units are proposed to be constructed in the United
States, which would produce 96 gigawatts of new
electric generating capacity; and
(B) if the units described in subparagraph (A) are
constructed, the units would produce--
(i) an incremental increase of 500,000,000
tons of carbon dioxide per year from the
production by the power sector in the United
States as in existence on the date of enactment
of this Act; and
(ii) an estimated 30,000,000,000 additional
tons of carbon dioxide over the course of the
useful lives of the units;
(5) once completed, power plants often operate for 50 years
or more;
(6) in August 2006, Xcel Energy announced a project for
generating electricity from coal that will use available
technology to capture carbon dioxide and store the carbon
dioxide underground;
(7) designing and building power plants to achieve lower
carbon dioxide emissions is far less expensive and more
efficient than retrofitting conventional power plants that have
excessive carbon dioxide emissions;
(8) on February 26, 2006, the Administrator of the
Environmental Protection Agency published final emission
standards for new fossil fuel-fired electric utility steam
generating units and improperly failed to include emission
standards for heat-trapping carbon dioxide;
(9) in 2006, the Energy Information Administration forecast
that annual carbon dioxide pollution from power plants will
increase by 1,100,000,000 tons between 2004 and 2030;
(10) the projected increase in annual carbon dioxide
pollution from power plants in 2030 is equivalent to the annual
carbon dioxide emissions from 196,000,000 cars;
(11) global temperatures increased an average of 1.4
degrees Fahrenheit during the 21st century, which contribute
to--
(A) melting glaciers;
(B) disappearing species;
(C) more extreme weather patterns, including heat
waves in 2006 that killed more than 200 Americans,
including more than 160 Californians; and
(D) more intense hurricanes;
(12) the temperature of the Earth is now the highest it has
been in the past 12,000 years, and is only 1.8 degrees
Fahrenheit cooler than the maximum temperature of the past
1,000,000 million years; and
(13) unless significant action is taken today to reduce
emissions, the Earth could warm between 5 and 9 degrees
Fahrenheit causing the ice sheets to melt, sea levels to rise,
and flooding to occur.
SEC. 3. CARBON DIOXIDE NEW SOURCE PERFORMANCE STANDARDS FOR NEW COAL-
FIRED ELECTRIC GENERATING UNITS.
Section 111 of the Clean Air Act (42 U.S.C. 7411) is amended by
adding at the end the following:
``(k) Carbon Dioxide Standards of Performance for Affected Units.--
``(1) Definition of affected unit.--In this subsection, the
term `affected unit' means a new coal-fired electric generating
unit (including a cogeneration facility) that commences
construction on or after April 26, 2007.
``(2) Emissions limitation.--Each affected unit shall meet,
without interruption throughout the lifetime operation of the
affected unit, a standard of performance that, at a minimum,
requires the affected unit to produce not more than 285 pounds
of carbon dioxide per megawatt-hour for supply to the grid.
``(3) Revisions.--
``(A) In general.--Not later than January 1, 2012,
and every 5 years thereafter, the Administrator shall
revise the carbon dioxide standard of performance
established under paragraph (2) to reduce the maximum
rate of carbon dioxide emissions if a reduced level is
achievable through the application of the best
technological system of continuous emission reduction
demonstrated at the time of the revision.
``(B) Publication.--The revision (or determination
that a reduced level is not achievable) shall be
published in the Federal Register (after notice and
opportunity for public comment) not later than the
deadline required, and shall be considered final agency
action, under section 307(b)(1).
``(4) Injection into geological formations.--Carbon dioxide
that is injected into a geological formation in a manner that
prevents the release of the carbon dioxide into the atmosphere,
as determined by the Administrator, shall not be counted as
carbon dioxide emissions discharged from an affected unit for
purposes of meeting the carbon dioxide standard of performance
under this subsection.''. | Clean Coal Act of 2007 - Amends the Clean Air Act to require a new coal-fired electric generating unit (including a cogeneration facility) that commences construction on or after April 26, 2007, to meet, without interruption throughout the lifetime operation of the unit, a standard of performance that, at a minimum, requires the unit to produce not more than 285 pounds of carbon dioxide per megawatt-hour for supply to the grid.
Requires the Administrator of the Environmental Protection Agency (EPA) to revise such standard to reduce the maximum rate of carbon dioxide emissions if a reduced level is achievable through the application of the best technological system of continuous emission reduction demonstrated at the time of the revision.
Provides that carbon dioxide that is injected into a geological formation in a manner that prevents the release of the carbon dioxide into the atmosphere shall not be counted as emissions discharged from a unit for purposes of meeting the standard. | {"src": "billsum_train", "title": "A bill to amend the Clean Air Act to establish carbon dioxide new source performance standards for new coal-fired electric generated units."} | 1,070 | 206 | 0.52605 | 1.529004 | 0.702594 | 7.117978 | 5.741573 | 0.97191 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Defense Force Improvement
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Domestic threats to national security and the increased
use of National Guard forces for out-of-State deployments
greatly increase the potential for service by members of State
defense forces established under section 109(c) of title 32,
United States Code.
(2) The efficacy of State defense forces is impeded by lack
of clarity in the Federal regulations concerning those forces,
particularly in defining levels of coordination and cooperation
between those forces and the Departments of Defense and
Homeland Security.
(3) The State defense forces suffer from lack of
standardized military training, arms, equipment, support, and
coordination with the Departments of Defense and Homeland
Security and other Federal agencies as a result of real and
perceived Federal regulatory impediments.
SEC. 3. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE FORCES.
(a) Recognition and Support.--Section 109 of title 32, United
States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Recognition.--Congress hereby recognizes forces established
under subsection (c) as an integral military component of the homeland
security effort of the United States, while reaffirming that those
forces remain entirely State regulated, organized, and equipped and
recognizing that those forces will be used for homeland security
purposes exclusively at the local level and in accordance with State
law.
``(e) Assistance by Department of Defense.--(1) The Secretary of
Defense may coordinate homeland security efforts with, and provide
assistance to, a defense force established under subsection (c) to the
extent such assistance is requested by a State or by a force
established under subsection (c) and subject to the provisions of this
section.
``(2) The Secretary may not provide assistance under paragraph (1)
if, in the judgment of the Secretary, such assistance would--
``(A) impede the ability of the Department of Defense to
execute missions of the Department;
``(B) take resources away from warfighting units;
``(C) incur nonreimbursed identifiable costs; or
``(D) consume resources in a manner inconsistent with the
mission of the Department of Defense.
``(f) Assistance by Department of Homeland Security.--The Secretary
of Homeland Security may coordinate homeland security efforts with, and
provide assistance to, a defense force established under subsection (c)
to the extent such assistance is requested by a State or by a force
established under subsection (c) if so authorized by State law, and
subject to the provisions of this section.
``(g) Use of Department of Defense Property and Equipment.--The
Secretary of Defense may authorize qualified personnel of a force
established under subsection (c) to use and operate property, arms,
equipment, and facilities of the Department of Defense as needed in the
course of training activities and State active duty.
``(h) Transfer of Excess Equipment.--(1) The Secretary of Defense
may transfer to a State or a force established under subsection (c) any
personal property of the Department of Defense that the Secretary
determines is--
``(A) excess to the needs of the Department of Defense; and
``(B) suitable for use by a force established under
subsection (c).
``(2) The Secretary of Defense may transfer personal property under
this section only if--
``(A) the property is drawn from existing stocks of the
Department of Defense;
``(B) the recipient force established under subsection (c)
accepts the property on an as-is, where-is basis;
``(C) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment; and
``(D) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(3) Subject to paragraph (2)(D), the Secretary may transfer
personal property under this section without charge to the recipient
force established under subsection (c).
``(i) Federal/State Training Coordination.--(1) Participation by a
force established under subsection (c) in a training program of the
Department of Defense or Department of Homeland Security is at the
discretion of the State.
``(2) Nothing in this section may be construed as requiring the
Department of Defense or Department of Homeland Security to provide any
training program to any such force.
``(3) Any such training program shall be conducted in accordance
with an agreement between--
``(A) the Secretary of Defense or Secretary of Homeland
Security, as the case may be; and
``(B) the State or the force established under subsection
(c) if so authorized by State law.
``(4) Any direct costs to the Department of Defense of providing
training assistance to a force established under subsection (c) shall
be reimbursed by the State. Any agreement under paragraph (3) between
the Department of Defense and a State or a force established under
subsection (c) for such training assistance shall provide for payment
of such costs.
``(j) Federal Funding of State Defense Forces.--Funds available to
the Department of Defense may not be made available to a State defense
force.
``(k) Liability.--Any liability for injuries or damages incurred by
a member of a force established under subsection (c) while engaged in
training activities or State active duty shall be the sole
responsibility of the State, regardless of whether the injury or damage
was incurred on United States property or involved United States
equipment or whether the member was under direct supervision of United
States personnel at the time of the incident.''.
(b) Definition of State.--
(1) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(n) State Defined.--In this section, the term `State' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands.''.
(2) Conforming amendments.--Such section is further amended
in subsections (a), (b), and (c) by striking ``a State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, or
the Virgin Islands'' each place it appears and inserting ``a
State''.
(c) Stylistic Amendments.--Such section is further amended--
(1) in subsection (a), by inserting ``Prohibition on
Maintenance of Other Troops.--'' after ``(a)'';
(2) in subsection (b), by inserting ``Use Within State
Borders.--'' after ``(b)'';
(3) in subsection (c), by inserting ``State Defense Forces
Authorized.--'' after ``(c)'';
(4) in subsection (l), as redesignated by subsection
(a)(1), by inserting ``Effect of Membership in Defense
Forces.--'' after ``(l)''; and
(5) in subsection (m), as redesignated by subsection
(a)(1), by inserting ``Prohibition on Reserve Component Members
Joining Defense Forces.--'' after ``(m)''
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 109. Maintenance of other troops: State defense forces''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 1 of such
title is amended to read as follows:
``109. Maintenance of other troops: State defense forces.''. | State Defense Force Improvement Act - Recognizes state defense forces as integral military components of the homeland security effort of the United States, while reaffirming that such forces remain entirely state regulated, organized, and equipped, and recognizing that they will be used for homeland security purposes exclusively at the local level under state law.
Authorizes the Secretary of Defense to coordinate homeland security efforts with, and provide assistance (including the use of Department of Defense (DOD) property, arms, equipment, and facilities) to, a state defense force, upon request. Leaves participation by a state defense force in a DOD or Department of Homeland Security (DHS) training program to state discretion. Requires a state to reimburse DOD for training assistance costs. Provides that funds available to DOD may not be made available to a state defense force. Makes the state liable for any injuries or damages incurred by a defense force member while engaged in training activities or state active duty. | {"src": "billsum_train", "title": "To amend title 32, United States Code, to improve the readiness of State defense forces and to increase military coordination for homeland security between the States and the Department of Defense."} | 1,721 | 213 | 0.579595 | 1.529461 | 0.957521 | 4.142857 | 9.038462 | 0.912088 |
SEC. 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Financial Aid
Simplification Act''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.).
SEC. 2. SIMPLIFICATION OF THE FREE APPLICATION FOR FEDERAL STUDENT AID
(FASFA).
Section 491 (20 U.S.C. 1098) is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Special Study of Simplification of Need Analysis and
Application for Title IV Aid.--
``(1) Study required.--The Advisory Committee shall conduct
a thorough study of the feasibility of simplifying the need
analysis methodology for all Federal student financial
assistance programs and the process of applying for such
assistance.
``(2) Required subjects of study.--In performing the study,
the Advisory Committee shall, at a minimum, examine the
following:
``(A) whether the methodology used to calculate the
expected family contribution can be simplified without
significant adverse effects on program intent, costs,
integrity, delivery, and distribution of awards;
``(B) whether the number of data elements, and,
accordingly, the number and complexity of questions
asked of students and families, used to calculate the
expected family contribution can be reduced without
such adverse effects;
``(C) whether the procedures for determining such
data elements, including determining and updating
offsets and allowances, is the most efficient,
effective, and fair means to determine a family's
available income and assets;
``(D) whether the nature and timing of application
required in section 483 (a)(1), eligibility and award
determination, financial aid processing, and funds
delivery can be streamlined further for students and
families, institutions, and States;
``(E) whether it is feasible to allow students to
complete limited sections of the financial aid
application that only apply to their specific
circumstances and the State in which they reside;
``(F) whether a widely disseminated printed form,
or the use of an Internet or other electronic means,
can be developed to notify individuals of an estimation
of their approximate eligibility for grant, work-study
and loan assistance upon completion and verification of
the simplified application form; and
``(G) whether information provided on other Federal
forms (such as the form applying for supplemental
security income under title XVI of the Social Security
Act, the form for applying for food stamps under the
Food Stamp Act of 1977, and the schedule for applying
for the earned income tax credit under section 32 of
the Internal Revenue Code of 1986) that are designed to
determine eligibility for various Federal need-based
assistance programs could be used to qualify potential
students for the simplified needs test.
``(3) Additional considerations.--In conducting the
feasibility study, the Advisory Committee's primary objective
under this subsection shall be simplifying the financial aid
application forms and process and obtaining a substantial
reduction in the number of required data items. In carrying out
that objective, the Advisory Committee shall pay special
attention to the needs of low-income and moderate-income
students and families.
``(4) Consultation.--
``(A) In general.--The Advisory Committee shall
consult with a broad range of interested parties in
higher education, including parents and students, high
school guidance counselors, financial aid and other
campus administrators, and administrators of
intervention and outreach programs.
``(B) Forms design expert.--With the goal of making
significant changes to the form to make the questions
more easily understandable, the Advisory Committee
shall consult a forms design expert to ensure that the
revised application form is easily readable and
understood by parents, students and other members of
the public.
``(C) Congressional consultation.--The Advisory
Committee shall consult on a regular basis with the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate in carrying
out the feasibility study required by this subsection.
``(D) Departmental consultation.--The Secretary of
Education shall provide such assistance to the Advisory
Committee as is requested and practicable in conducting
the study required by this subsection.
``(5) Report.--The Advisory Committee shall, not later than
2 years after the date of enactment of the Financial Aid
Simplification Act, prepare and submit a report on the study
required by this section to the Committee on Education and the
Workforce of the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate.
``(6) Implementation.--Within 1 year of submission of such
report, the Secretary of Education shall consult with the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions of the Senate and shall subsequently initiate a
redesign of the form required by the Secretary under section
483. Such redesign shall include the testing of alternative
simplified versions of the free Federal form. The Secretary
shall report on the progress of these efforts to the Committee
on Education and the Workforce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of
the Senate not later than one year after receipt of the
Advisory Committee report required by this section.''.
SEC. 3. SIMPLIFIED NEEDS TEST IMPROVEMENTS.
Section 479 (20 U.S.C. 1087ss) is amended--
(1) by striking clause (i) of subsection (b)(1)(A) and
inserting the following:
``(i) the student's parents file a form
described in paragraph (3) or certify that they
are not required to file an income tax return,
or the student's parents or the student
received benefits under a means-tested Federal
benefit program;'';
(2) by striking clause (i) of subsection (b)(1)(B) and
inserting the following:
``(i) the student (and the student's
spouse, if any) files a form described in
paragraph (3) or certifies that the student
(and the student's spouse, if any) is not
required to file an income tax return, or the
student (or the student's spouse, if any)
received benefits under a means-tested Federal
benefit program;'';
(3) by striking subparagraph (A) of subsection (c)(1) and
inserting the following:
``(A) the student's parents file a form described
in subsection (b)(3) or certify that they are not
required to file an income tax return, or the student's
parents or the student received benefits under a means-
tested Federal benefit program;'';
(4) by striking subparagraph (A) of subsection (c)(2) and
inserting the following:
``(A) the student (and the student's spouse, if
any) files a form described in subsection (b)(3) or
certifies that the student (and the student's spouse,
if any) is not required to file an income tax return,
or the student (or the student's spouse, if any)
received benefits under a means-tested Federal benefit
program;''; and
(5) by adding at the end the following new subsection:
``(d) Definition of Means-Tested Federal Benefit Program.--For
purposes of this section, the term `means-tested Federal benefit
program' means a mandatory spending program of the Federal Government
in which eligibility for the programs' benefits, or the amount of such
benefits, or both, are determined on the basis of income or resources
of the individual or family seeking the benefit, and includes the
supplemental security income program under title XVI of the Social
Security, the food stamp program under the Food Stamp Act of 1977, and
the free and reduced price school lunch program under the Richard B.
Russell National School Lunch Act.''.
SEC. 4. EXPANDING INFORMATION DISSEMINATION REGARDING ELIGIBILITY FOR
PELL GRANTS.
Sec 483(a) (20 U.S.C. 1090(a)) is amended by adding at the end the
following new paragraph:
``(8) Expanding information dissemination regarding
eligibility for pell grants.--The Secretary shall make special
efforts, in conjunction with State efforts, to notify students
and their parents who qualify for a free lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.), the Food Stamps program, or such programs as the
Secretary shall determine, of their potential eligibility for a
maximum Pell Grant, and shall disseminate such informational
materials as the Secretary deems necessary.''.
SEC. 5. IMPLEMENTATION.
Sections 482(c) and 492 of the Higher Education Act of 1965 (20
U.S.C. 1089(c), 1098a) shall not apply to the regulations implementing
the amendments made by section 2 of this Act. | Financial Aid Simplification Act - Amends the Higher Education Act of 1965 to direct the Advisory Committee on Student Financial Assistance to study and report to specified congressional committees on the feasibility of simplifying the need analysis methodology for all Federal student financial assistance programs and the process of applying for such assistance through the Free Application for Federal Student Aid (FAFSA).
Requires the Secretary of Education within one year after the report's submission to initiate a redesign of the FAFSA
Revises eligibility requirements for filing of a simplified FAFSA to allow, as an alternative to not being required to file an income tax return, that the student's parents or the student (and the student's wife, if any) received benefits under a means-tested Federal benefit program.
Directs the Secretary to make special efforts, in conjunction with State efforts, to: (1) notify students and their parents who qualify for a free lunch under the Richard B. Russell National School Lunch Act, the Food Stamps program, or other such programs of their potential eligibility for a maximum Pell Grant; and (2) disseminate such informational materials as necessary. | {"src": "billsum_train", "title": "To begin the process of simplifying the Federal student financial aid process, making it easier and more understandable for students and families to participate in Federal student financial aid programs."} | 2,012 | 242 | 0.578587 | 1.726724 | 0.86483 | 4.577465 | 8.86385 | 0.924883 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Community Cancer
Care Preservation 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. Application of average sales price payment methodology.
Sec. 3. Increase in Medicare part B reimbursement for certain
chemotherapy administration.
Sec. 4. Provisions for the appropriate reporting and billing of
physicians' services associated with
pharmacy facilities management and medical
oncology treatment planning.
SEC. 2. APPLICATION OF AVERAGE SALES PRICE PAYMENT METHODOLOGY.
(a) Requiring Monthly and Not Quarterly Determinations.--
(1) In general.--Section 1847A(c) of the Social Security
Act (42 U.S.C. 1395w-3a(c)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) and in subparagraph (A), by striking
``calendar quarter'' and inserting ``month''
each place it appears; and
(ii) in subparagraph (B), by striking
``quarter'' and inserting ``month'';
(B) in paragraph (4)--
(i) in the heading, by striking ``quarter''
and inserting ``month''; and
(ii) by striking ``calendar quarter'' and
inserting ``month''; and
(C) in paragraph (5)--
(i) in subparagraph (A), by striking
``quarterly'' and inserting ``monthly'' each
place it appears; and
(ii) by amending subparagraph (B) to read
as follows:
``(B) Updates in payment amounts.--The payment
amounts under subsection (b) shall be updated and
applied by the Secretary based upon the manufacturer's
average sales price for a drug or biological calculated
for the most recent month for which data are available.
This update shall be made no later than two months
following publication of such data by the
manufacturer.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to payment amounts for months beginning on or after
January 1, 2008.
(b) Adjustment to Average Sales Price Calculation.--
(1) In general.--Section 1847A(c) of such Act (42 U.S.C.
1395w-3(a)(c)) is further amended in paragraph (3)--
(A) in the first sentence, by striking ``prompt pay
discounts,''; and
(B) in the second sentence, by inserting ``(other
than prompt pay discounts),'' after ``other price
concessions,''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to payment amounts for months beginning on or after
January 1, 2008.
SEC. 3. INCREASE IN MEDICARE PART B REIMBURSEMENT FOR CERTAIN
CHEMOTHERAPY ADMINISTRATION.
(a) In General.--Section 1848(a) of the Social Security Act (42
U.S.C. 1395w-4(a)) is amended by adding at the end the following new
paragraph:
``(5) Special rule for certain chemotherapy
administration.--
``(A) In general.--In the case of Medicare
chemotherapy administration services furnished on or
after January 1, 2008, the fee schedule amount to be
applied shall be equal to the following:
``(i) First hour of chemotherapy
infusions.--For such services described in
clause (i), (ii), or (iii) of subparagraph (B),
an amount equal to 132 percent of the fee
schedule amount otherwise applicable under this
section (without regard to this paragraph) for
such respective services.
``(ii) Subsequent hours of chemotherapy
infusions.--For such services described in
clause (iv) or (v) of subparagraph (B), an
amount equal to 70 percent of the amount
determined under clause (i) for services
described in clause (i) or (iii), respectively,
of such subparagraph.
``(B) Medicare chemotherapy administration services
defined.--For purposes of this paragraph, the term
`Medicare chemotherapy administration services' means
physicians' services identified, as of January 1, 2007,
by any of the following codes (or any successor to such
a code as identified by the Secretary) for which
payments are made under subsection (b):
``(i) CPT code 96413 (relating to
intravenous infusions of initial drug up to one
hour).
``(ii) CPT code 96417 (relating to
additional, sequential intravenous infusions of
different drugs up to one hour).
``(iii) CPT code 96422 (relating to inter-
arterial infusions for up to one hour).
``(iv) CPT code 96415 (relating to
intravenous infusions for subsequent hours).
``(v) CPT code 96423 (relating to inter-
arterial infusions for subsequent hours).''.
SEC. 4. PROVISIONS FOR THE APPROPRIATE REPORTING AND BILLING OF
PHYSICIANS' SERVICES ASSOCIATED WITH PHARMACY FACILITIES
MANAGEMENT AND MEDICAL ONCOLOGY TREATMENT PLANNING.
(a) In General.--Section 1848(c)(2) of the Social Security Act (42
U.S.C. 1395w-4(c)(2)) is amended--
(1) in subparagraph (B)(iv)--
(A) in subclause (II), by striking ``and'';
(B) in subclause (III), by striking the period; and
(C) by adding at the end the following new
subclauses:
``(IV) subparagraph (K) insofar as
it relates to a physician fee schedule
for 2008 and each subsequent year shall
not be taken into account in applying
clause (ii)(II) for drug administration
services under the fee schedule for
such year; and
``(V) subparagraph (L) insofar as
it relates to a physician fee schedule
for 2008 and each subsequent year shall
not be taken into account in applying
clause (ii)(II) for medical oncology
treatment planning services under the
fee schedule for such year.''; and
(2) by adding at the end the following new subparagraphs:
``(K) Adjustment in payment rates for pharmacy
facilities management costs.--In establishing the
physician fee schedule under subsection (b) with
respect to payments for drug administration services
furnished on or after January 1, 2008, and in order to
take into account pharmacy facilities management costs,
the Secretary shall provide for an additional payment
for such services in an amount equal to 2 percent of
the amount determined under section 1847A for the drug
administered.
``(L) Provisions for the appropriate reporting and
billing of physicians' services associated with
pharmacy facilities management and medical oncology
treatment planning.--
``(i) Creation of new cpt codes.--
``(I) Pharmacy facilities
management.--Not later than one year
after the date of the enactment of this
subparagraph, in carrying out
subparagraph (K), the Secretary shall
issue appropriate CPT codes for the
reporting and billing of pharmacy
facilities management services that
would correspond to the additional
payment provided under subparagraph
(K).
``(II) Medical oncology treatment
planning.--Not later than one year
after the date of the enactment of this
subparagraph, the Secretary shall issue
two new CPT codes, one moderate and one
complex, for the reporting and billing
of medical oncology treatment planning
services furnished by physicians and
other professional staff in the
specialties of hematology, hematology-
oncology, and medical oncology.
``(ii) Use of existing processes.--In
carrying out clause (i), the Secretary shall
use existing processes for the implementation
of such coding changes, as appropriate.
``(iii) Consultation.--In carrying out
clause (i), the Secretary shall consult with
representatives of physicians in the
specialties of hematology, hematology-oncology,
and medical oncology affected by the adoption
of such coding changes.''. | Community Cancer Care Preservation Act of 2007 - Amends title XVIII (Medicare) of the Social Security Act to require determination and calculation of the manufacturer's average sales price for a drug or biological on a monthly instead of a quarterly basis. Requires the payment amounts to be updated and applied by the Secretary of Health and Human Services based on the manufacturer's average sales price for the drug or biological calculated for the most recent month for which data are available. Removes prompt pay discounts from the calculation of such price.
Provides for an increase in the Medicare part B (Supplementary Medical Insurance) payment for chemotherapy administration services.
Directs the Secretary to make an additional 2% for any drug administration services payment to physicians, taking into account pharmacy facilities management costs.
Directs the Secretary to develop new CPT codes for reporting and billing of physician's services associated with pharmacy facilities management and with medical oncology treatment planning. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to preserve access to community cancer care by Medicare beneficiaries."} | 1,880 | 201 | 0.630872 | 1.698405 | 0.894375 | 3.148571 | 9.257143 | 0.874286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving SCRA and USERRA
Protections Act of 2008''.
SEC. 2. EQUITY POWERS.
Section 4323(e) of title 38, United States Code, is amended by
striking ``may use'' and inserting ``shall use, in any case in which
the court determines it is appropriate,''.
SEC. 3. RELIEF FOR STUDENTS WHO ARE MEMBERS OF ARMED FORCES DURING
PERIOD OF MILITARY SERVICE.
(a) In General.--Title VII of the Servicemembers Civil Relief Act
(50 U.S.C. App. 591 et seq.) is amended by adding at the end the
following new section:
``SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR
POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE.
``(a) Tuition and Reenrollment.--Whenever a servicemember is
called, activated, or ordered to military service and withdraws or
takes a leave of absence from an institution of higher education in
which the servicemember is enrolled, the institution shall--
``(1) provide a credit or refund to the servicemember the
tuition and fees paid by the servicemember (other than from the
proceeds of a grant or scholarship) for the portion of the
program of education for which the servicemember did not
receive academic credit after such withdrawal or leave; and
``(2) provide the servicemember an opportunity to reenroll
with the same educational and academic status in such program
of education that the servicemember had when activated for
military service.
``(b) Institution of Higher Education Defined.--In this section,
the term `institution of higher education' means a 2-year or 4-year
institution of higher education as defined in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002).''.
(b) Exemption of Student Debts From Creditor Protection Based on
Income Level.--Section 207(c) of such Act (50 U.S.C. App. 527(c)) is
amended by adding at the end the following new sentence: ``This
subsection shall not apply with respect to an obligation or liability
that is incurred by a servicemember who, at the time the servicemember
is called to military service, is a student enrolled within six months
of activation at an institution of higher education on a full-time
basis, as determined by that institution.''.
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end the following new item:
``Sec. 707. Tuition, reenrollment, and student loan relief for
postsecondary students called to military
service.''.
(d) Effective Date.--The amendments made by this section shall take
effect for periods of military service beginning after the date of the
enactment of this section.
SEC. 4. TERMINATION OR SUSPENSION BY SERVICEMEMBERS OF CERTAIN SERVICE
CONTRACTS ENTERED INTO BEFORE PERMANENT CHANGE OF STATION
OR DEPLOYMENT ORDERS.
(a) Termination.--Title III of the Servicemembers Civil Relief Act
(50 U.S.C. App. 531 et seq.) is amended--
(1) by redesignating section 308 as section 309; and
(2) by inserting after section 307 the following:
``SEC. 308. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS.
``(a) Termination or Suspension by Servicemember.--A person in
military service who is party to or enters into a contract described in
subsection (c) may terminate or suspend, at the person's option, the
contract at any time after the date of the person's military orders, as
described in subsection (c).
``(b) Special Rules.--(1) A suspension under subsection (a) of a
contract by a person in military service shall continue for the length
of the person's deployment pursuant to the person's military orders.
``(2) A service provider under a contract suspended or terminated
under subsection (a) by a person in military service may not impose a
suspension fee or early termination fee in connection with the
suspension or termination of the contract, other than a nominal fee for
the suspension; except that the service provider may impose a
reasonable fee for any equipment remaining on the premises of the
person in military service during the period of the suspension. The
person in military service may defer, without penalty, payment of such
a nominal fee or reasonable fee for the length of the person's
deployment pursuant to the person's military orders.
``(3) In any case in which the contract being suspended under
subsection (a) is for cellular telephone service or telephone exchange
service, the person in military service, after the date on which the
suspension of the contract ends, may keep, to the extent practicable
and in accordance with all applicable laws and regulations, the same
telephone number the person had before the person suspended the
contract.
``(c) Covered Contracts.--This section applies to a contract for
cellular telephone service, telephone exchange service, multichannel
video programming service, Internet access service, water, electricity,
oil, gas, or other utility if the person enters into the contract and
thereafter receives military orders--
``(1) to deploy with a military unit, or as an individual,
in support of a contingency operation for a period of not less
than 90 days; or
``(2) for a change of permanent station to a location that
does not support the contract.
``(d) Manner of Termination or Suspension.--
``(1) In general.--Termination or suspension of a contract
under subsection (a) is made by delivery by the person in
military service of written notice of such termination or
suspension and a copy of the servicemember's military orders to
the other party to the contract (or to that party's grantee or
agent).
``(2) Nature of notice.--Delivery of notice under paragraph
(1) may be accomplished--
``(A) by hand delivery;
``(B) by private business carrier;
``(C) by facsimile; or
``(D) by placing the written notice and a copy of
the servicemember's military orders in an envelope with
sufficient postage and with return receipt requested,
and addressed as designated by the party to be notified
(or that party's grantee or agent), and depositing the
envelope in the United States mails.
``(e) Date of Contract Termination or Suspension.--Termination or
suspension of a service contract under subsection (a) is effective as
of the date on which the notice under subsection (d) is delivered.
``(f) Other Obligations and Liabilities.--The service provider
under the contract may not impose an early termination or suspension
charge, but any tax or any other obligation or liability of the person
in military service that, in accordance with the terms of the contract,
is due and unpaid or unperformed at the time of termination or
suspension of the contract shall be paid or performed by the person in
military service.
``(g) Fees Paid in Advance.--A fee or amount paid in advance for a
period after the effective date of the termination of the contract
shall be refunded to the person in military service by the other party
(or that party's grantee or agent) within 60 days of the effective date
of the termination of the contract.
``(h) Relief to Other Party.--Upon application by the other party
to the contract to a court before the termination date provided in the
written notice, relief granted by this section to a person in military
service may be modified as justice and equity require.
``(i) Penalties.--
``(1) Misdemeanor.--Whoever knowingly violates or attempts
to violate this section shall be fined not more than $5,000 in
the case of an individual or $10,000 in the case of an
organization.
``(2) Preservation.--The remedy and rights provided under
this section are in addition to and do not preclude any remedy
for wrongful conversion otherwise available under law to the
person claiming relief under this section, including any award
for consequential or punitive damages.
``(j) Equitable Relief.--
``(1) In general.--In addition to any other remedy
available under law, if a person in military service has reason
to believe that another party to a contract has violated or is
violating this section, the person in military service may--
``(A) bring an action to enjoin the violation in
any appropriate United States district court or in any
other court of competent jurisdiction; or
``(B) bring an action in any appropriate United
States district court or in any other court of
competent jurisdiction to recover damages equal to
three times the amount for which the other party is
liable to the person in military service under this
section.
``(2) Attorney fees.--If a person in military service is
awarded damages under an action described under paragraph (1),
the person shall be awarded, in addition, the costs of the
action and reasonable attorney fees, as determined by the
court.
``(k) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Multichannel video programming service.--The term
`multichannel video programming service' means video
programming service provided by a multichannel video
programming distributor, as such term is defined in section
602(13) of the Communications Act of 1934 (47 U.S.C. 522(13)).
``(2) Internet access service.--The term `Internet access
service' has the meaning given that term under section
231(e)(4) of the Communications Act of 1934 (47 U.S.C.
231(e)(4)).
``(3) Cellular telephone service.--The term `cellular
telephone service' means commercial mobile service, as that
term is defined in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d)).
``(4) Telephone exchange service.--The term `telephone
exchange service' has the meaning given that term under section
3 of the Communications Act of 1934 (47 U.S.C. 153).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 308 and
inserting the following new items:
``Sec. 308. Termination or suspension of service contracts.
``Sec. 309. Extension of protections to dependents.''.
SEC. 5. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App.
527) is amended by adding at the end the following new subsections:
``(e) Penalty.--Whoever knowingly violates subsection (a) shall be
fined not more than $5,000 in the case of an individual or $10,000 in
the case of an organization.
``(f) Rights of Servicemembers.--
``(1) Equitable relief.--
``(A) In general.--In addition to any other
remedies as are provided under Federal or State law, if
a servicemember has reason to believe that a creditor
has violated or is violating this section, the
servicemember may--
``(i) bring an action to enjoin such
violation in any appropriate United States
district court or in any other court of
competent jurisdiction; and
``(ii) bring an action to recover damages
equal to three times the amount of the interest
charged in violation of this section (plus
interest) for which the creditor is liable to
the servicemember under this section as a
result of the violation.
``(B) Determination of number of violations.--In
determining the number of violations by a creditor for
which a penalty is imposed under subsection (e) or
subparagraph (A), the court shall count as a single
violation each obligation or liability of a
servicemember with respect to which--
``(i) the servicemember properly provided
to the creditor written notice and a copy of
the military orders calling the servicemember
to military service and any orders further
extending military service under subsection
(b); and
``(ii) the creditor failed to treat in
accordance with subsection (a).
``(2) Attorney fees.--If a servicemember is awarded damages
under an action described under paragraph (1), the
servicemember shall be awarded, in addition, the costs of the
action and reasonable attorney fees, as determined by the
court.
``(g) Preservation of Other Remedies.--The rights and remedies
provided under subsections (e) and (f) are in addition to and do not
preclude any other remedy available under law to a person claiming
relief under this section, including any award for consequential or
punitive damages.''.
SEC. 6. GUARANTEE OF RESIDENCY FOR SPOUSES OF MILITARY PERSONNEL.
(a) Guarantee of Residency.--Section 705 of the Servicemembers
Civil Relief Act (50 U.S.C. App. 595) is amended--
(1) by striking ``For'' and inserting ``(a) For''; and
(2) by adding at the end the following new subsection:
``(b) For the purposes of voting for any Federal office (as defined
in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C.
431)) or a State or local office, a person who is absent from a State
because the person is accompanying the person's spouse who is absent
from that same State in compliance with military or naval orders shall
not, solely by reason of that absence--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not the person intends
to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
(b) Clerical Amendments.--
(1) The heading for such section is amended to read as
follows:
``SEC. 705. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL AND SPOUSES
OF MILITARY PERSONNEL.''.
(2) The item relating to such section in the table of
contents in section 1(b) of such Act is amended to read as
follows:
``Sec. 705. Guarantee of residency for military personnel and spouses
of military personnel.''.
SEC. 7. RESIDENCE FOR TAX PURPOSES.
Section 511(a) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 571(a)) is amended--
(1) by striking ``A servicemember'' and inserting the
following:
``(1) Servicemember.--A servicemember''; and
(2) by adding at the end the following:
``(2) Spouse of servicemember.--A spouse of a servicemember
shall neither lose nor acquire a residence or domicile for
purposes of taxation with respect to the person, personal
property, or income of the spouse by reason of being absent or
present in any tax jurisdiction of the United States solely to
be with the servicemember in compliance with the
servicemember's military orders if the residence or domicile,
as the case may be, is the same for the servicemember and the
spouse.''.
SEC. 8. SPOUSE'S COMPENSATION DURING MILITARY SERVICE.
Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. App.
571(b)) is amended--
(1) by striking the subsection designation and heading and
all that follows through ``Compensation'' and inserting the
following:
``(b) Military Service and Spouse's Compensation.--
``(1) Military service compensation.--Compensation''; and
(2) by adding at the end the following:
``(2) Spouse's compensation.--Compensation of a spouse of a
servicemember shall not be deemed to be income for services
performed or from sources within a tax jurisdiction of the
United States if, when the compensation is earned, the spouse
of the servicemember is not a resident or domiciliary of the
jurisdiction and the jurisdiction is the jurisdiction in which
the servicemember is serving in compliance with military
orders.''.
Passed the House of Representatives July 31, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Improving SCRA and USERRA Protections Act of 2008 - (Sec. 2) Requires (current law authorizes) the appropriate U.S. district court to use its equity powers in any case in which the court determines it is appropriate, including injunctive relief, to fully vindicate a veteran's employment or reemployment rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA) with respect to a state or private employer.
(Sec. 3) Amends the Servicemembers Civil Relief Act (SCRA) to require an institution of higher education, when a servicemember is ordered to military service and withdraws or takes a leave of absence from such institution, to: (1) provide a credit or refund to the servicemember of tuition and fees paid for the portion of the program of education for which the servicemember did not receive academic credit after such withdrawal or leave; and (2) provide the servicemember an opportunity to reenroll with the same educational and academic status the servicemember had when activated for service.
Extends the current interest rate cap in SCRA to student loan obligations of members called to military service.
(Sec. 4) Allows servicemembers with deployment orders to terminate or suspend, without fee or penalty, service contracts for services such as phones, utilities, cable television, and Internet access. (Currently, such servicemembers are only permitted to terminate or suspend residential or automobile lease agreements.)
(Sec. 5) Provides penalties under SCRA against creditors for violations of interest rate limits for servicemembers.
(Sec. 6) Allows a military spouse to vote in the same location as the servicemember with respect to federal, state, and local elections.
(Sec. 7) Allows a military spouse to pay taxes in the same state as the servicemember.
(Sec. 8) Provides that compensation of a spouse of a servicemember shall not be considered income within a tax jurisdiction of the United States if, when the compensation is earned, the spouse is not a resident or domiciliary of that jurisdiction, and the jurisdiction is where the servicemember is serving in compliance with military orders. | {"src": "billsum_train", "title": "To amend title 38, United States Code, relating to equitable relief with respect to a State or private employer, and for other purposes."} | 3,802 | 478 | 0.683706 | 2.250227 | 0.709427 | 3.776382 | 8.319095 | 0.886935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Coverage Determination
Clarification Act of 2018''.
SEC. 2. IMPROVEMENTS IN THE MEDICARE LOCAL COVERAGE DETERMINATION (LCD)
PROCESS FOR SPECIFIED LCDS.
(a) Development Process for Specified LCDs.--Section 1862(l)(5)(D)
of the Social Security Act (42 U.S.C. 1395y(l)(5)(D)) is amended to
read as follows:
``(D) Process for issuing specified local coverage
determinations.--
``(i) In general.--In the case of a
specified local coverage determination (as
defined in clause (iii)) within an area by a
medicare administrative contractor, such
medicare administrative contractor must take
the following actions with respect to such
determination before such determination may
take effect:
``(I) Publish on the public
Internet website of the intermediary or
carrier a proposed version of the
specified local coverage determination
(in this subparagraph referred to as a
`draft determination'), a written
rationale for the draft determination,
and a description of all evidence
relied upon and considered by the
intermediary or carrier in the
development of the draft determination.
``(II) Not later than 60 days after
the date on which the intermediary or
carrier publishes the draft
determination in accordance with
subclause (I), convene one or more
open, public meetings to review the
draft determination, receive comments
with respect to the draft
determination, and secure the advice of
an expert panel (such as a carrier
advisory committee described in chapter
13 of the Medicare Program Integrity
Manual in effect on August 31, 2015)
with respect to the draft
determination. The intermediary or
carrier shall make available means for
the public to attend such meetings
remotely, such as via teleconference.
``(III) With respect to each
meeting convened pursuant to subclause
(II), post on the public Internet
website of the intermediary or carrier,
not later than 14 days after such
meeting is convened, a record of the
minutes for such meeting, which may be
a recording of the meeting.
``(IV) Provide a period for
submission of written public comment on
such draft determination that begins on
the date on which all records required
to be posted with respect to such draft
determination under subclause (III) are
so posted and that is not fewer than 30
days in duration.
``(ii) Finalizing a specified local
coverage determination.--A fiscal intermediary
or carrier that has entered into a contract
with the Secretary under section 1874A shall,
with respect to a specified local coverage
determination, post on the public Internet
website of the fiscal intermediary or carrier
the following information before the specified
local coverage determination (in this
subparagraph referred to as the `final
determination') takes effect--
``(I) a response to the relevant
issues raised at meetings convened
pursuant to clause (i)(II) with respect
to the draft determination;
``(II) the rationale for the final
determination;
``(III) in the case that the
intermediary or carrier considered
qualifying evidence (as defined in
clause (v)) that was not described in
the written notice provided pursuant to
clause (i)(I), a description of such
qualifying evidence; and
``(IV) an effective date for the
final determination that is not less
than 30 days after the date on which
such determination is so posted.
``(iii) Specified local coverage
determination defined.--For purposes of this
subparagraph, the term `specified local
coverage determination' means, with respect to
the relevant geographic area--
``(I) a new local coverage
determination;
``(II) a revised local coverage
determination for such geographic area
that restricts one or more existing
terms of coverage for such area (such
as by adding requirement to an existing
local coverage determination that
results in decreased coverage or by
deleting previously covered ICD-9 or
ICD-10 codes (for reasons other than
routine coding changes));
``(III) a revised local coverage
determination that makes a substantive
revision to one or more existing local
coverage determinations; or
``(IV) any other local coverage
determination specified by the
Secretary pursuant to regulations.
``(iv) Qualifying evidence defined.--For
purposes of this subparagraph, the term
`qualifying evidence' means publicly available
evidence of general acceptance by the medical
community, such as published original research
in peer-reviewed medical journals, systematic
reviews and meta-analyses, evidence-based
consensus statements, and clinical
guidelines.''.
(b) LCD Reconsideration Process.--Section 1869(f) of the Social
Security Act (42 U.S.C. 1395ff(f)) is amended--
(1) in paragraph (2)(A), by inserting ``(including the
reconsiderations described in paragraphs (8) and (9))'' after
``local coverage determination'';
(2) in paragraph (5), by inserting ``(except for a
reconsideration described in paragraphs (8) and (9))'' after
``the coverage determination'';
(3) by redesignating paragraph (8) as paragraph (13); and
(4) by inserting after paragraph (7) the following new
paragraphs:
``(8) Carrier or fiscal intermediary reconsideration
process for specified local coverage determinations.--Upon the
filing of a request by an interested party (as defined in
paragraph (11)(B))with respect to a specified local coverage
determination by a fiscal intermediary or carrier that has
entered into a contract with the Secretary under section 1874A,
the intermediary or carrier shall reconsider such determination
in accordance with the following process:
``(A) Not later than 30 days after such a request
is filed with the fiscal intermediary or carrier by the
interested party with respect to such determination,
the intermediary or carrier shall--
``(i) determine whether the request is an
applicable request; and
``(ii) in the case that the request is not
an applicable request, inform the interested
party of the reasons why such request is not an
applicable request.
``(B) In the case that the intermediary or carrier
determines under subparagraph (A) that the request
described in such subparagraph is an applicable
request, the intermediary or carrier shall, not later
than 90 days after the date on which the request was
filed with the intermediary or carrier, take the
actions described in subparagraphs (C), (D), and (E)
with respect to the determination.
``(C) The action described in this subparagraph is
the action of specifying whether any of the following
statements is applicable to the determination:
``(i) The determination did not reasonably
consider qualifying evidence relevant to such
determination.
``(ii) The determination used language that
exceeded the scope of the intended purpose of
the determination.
``(iii) The determination was incorrect in
its determination of whether such item or
service is reasonable and necessary for the
diagnosis or treatment of illness or injury
under section 1862(a)(1)(A).
``(iv) The determination failed to
describe, with respect to such an item or
service, the clinical conditions to be used for
purposes of determining whether such item or
service is reasonable and necessary for the
diagnosis or treatment of illness or injury
under section 1862(a)(1)(A).
``(v) The determination does not apply with
respect to items or services to which it was
intended to apply.
``(vi) The determination is erroneous for
another reason that the intermediary or carrier
identifies.
``(D) The action described in this subparagraph,
with respect to the determination, is the action of
taking, based on the specification under subparagraph
(C) of whether any of the statements in such
subparagraph applied to such determination, one or more
of the following actions:
``(i) Making no change in the
determination.
``(ii) Rescinding all or a part of the
determination.
``(iii) Modifying the determination to
restrict the coverage provided under this title
for an item or service that is subject to the
determination.
``(iv) Modifying the determination to
expand the coverage provided under this title
for an item or service that is subject to the
determination.
``(E) The action described in this subparagraph is
the action of making publicly available a written
description of the action taken under subparagraph (D)
with respect to the determination, including the
evidence considered by the medicare administrative
contractor.
``(9) Agency review of reconsideration decision.--The
Secretary shall establish a process to review a medicare
administrative contractor's technical compliance with the
requirements, including ensuring that the medicare
administrative contractor independently reviewed the evidence
involved, of the reconsideration under paragraph (8).
``(10) Rule of construction.--Nothing in paragraph (8) may
be construed as affecting the right of an aggrieved party to
file a complaint under paragraph (2)(A) and receive a
determination in accordance with the provisions of such
paragraph. An aggrieved party is not required to file a request
under paragraph (8) or (9) prior to filing a complaint under
paragraph (2).
``(11) Definitions applicable to paragraphs (8) and (9).--
For purposes of paragraphs (8) and (9):
``(A) The term `applicable request' means a request
that is submitted in fiscal year 2019 or a subsequent
fiscal year, that is solely with respect to a specified
local coverage determination, and that includes a
description of the rationale for such request and any
information or evidence supporting such request. For
purposes of the preceding sentence, the Secretary may
not require, as a condition of treating a request with
respect to such a determination as an applicable
request, that the request contain qualifying evidence
that was not considered in the development of such
determination.
``(B) The term `interested party' means, with
respect to a specified local coverage determination
within an area by a fiscal intermediary or carrier that
has entered into a contract with the Secretary under
section 1874A, a beneficiary or stakeholder (including
a medical professional society or physician).
``(C) The term `qualifying evidence' has the
meaning given such term by clause (iv) of section
1862(l)(5)(D).
``(D) The term `specified local coverage
determination' has the meaning given such term by
clause (iii) of such section.
``(12) Report.--Not later than December 31 of each year
(beginning with 2019), the Secretary shall submit to Congress a
report containing the following:
``(A) The number of requests filed with fiscal
intermediaries and carriers under paragraph (8), and
the number of appeals filed with the Secretary under
paragraph (9), during the 1-year period ending on such
date.
``(B) With respect to such requests filed with such
intermediaries and carriers under paragraph (8) during
such period, the number of times that intermediaries
and carriers took, with respect to the actions
described in subparagraphs (C) through (E) of such
paragraph, each such action.
``(C) With respect to such appeals filed with the
Secretary under paragraph (9) during such period, the
number of times that the Secretary took, with respect
to the actions described in subparagraph (D) of
paragraph (8), each such action.
``(D) Recommendations on ways to improve--
``(i) the efficacy and the efficiency of
the process described in paragraph (8); and
``(ii) communication with individuals
entitled to benefits under part A or enrolled
under part B, providers of services, and
suppliers regarding such process.''.
SEC. 3. PROMULGATION OF REGULATIONS; APPLICATION DATE.
The Secretary of Health and Human Services shall promulgate
regulations to carry out paragraph (5)(D) of section 1862(l) of the
Social Security Act (42 U.S.C. 1395y(l)), as amended by subsection (a),
and paragraphs (8) and (9) of section 1869(f) of such Act (42 U.S.C.
1395ff(f)), as inserted by subsection (b), in such a manner as to
ensure that the processes described in such paragraphs are fully
implemented by January 1, 2020.
Passed the House of Representatives September 12, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Local Coverage Determination Clarification Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to revise the process by which Medicare administrative contractors (MACs) issue and reconsider local coverage determinations (LCDs) that: (1) are new, (2) restrict or substantively revise existing LCDs, or (3) are otherwise specified in regulation. (MACs are private insurers that process Medicare claims within specified geographic areas.) Before such an LCD may take effect, the MAC issuing the determination must, with respect to each geographic area to which the determination applies: publish online a proposed version of the determination and other specified, related information; convene one or more public meetings to review the draft determination, receive comments, and secure the advice of an expert panel; post online a record of the minutes from each such meeting; provide a period for submission of written public comments; and post online specified information related to the rationale for the final determination. Upon the filing of an applicable request by an interested party with regard to the reconsideration of a specified LCD, the MAC that issued the determination shall: provide specified information related to whether the determination failed to correctly apply qualifying relevant evidence, exceeds the scope of its intended purpose, fails to apply as intended, or is otherwise erroneous; preserve the determination, modify the determination, or rescind the determination in part; and make publicly available a written description of such action. An interested party may appeal a reconsideration decision to the Centers for Medicare & Medicaid Services (CMS). The CMS shall appoint a Medicare Reviews and Appeals Ombudsman to carry out specified duties with regard to LCDs. | {"src": "billsum_train", "title": "Local Coverage Determination Clarification Act of 2017"} | 2,770 | 404 | 0.593546 | 2.07398 | 0.757999 | 1.801887 | 8.210692 | 0.808176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bus Utility and Safety in School
Transportation Opportunity and Purchasing Act of 2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) school transportation issues remain a concern for
parents, local educational agencies, lawmakers, the National
Highway Traffic Safety Administration, the National
Transportation Safety Board, and the Environmental Protection
Agency;
(2) millions of children face potential future health
problems because of exposure to noxious fumes emitted from
older school buses;
(3) many rural local educational agencies are operating
outdated, unsafe school buses that are failing inspection,
resulting in a depletion of the school bus fleets of the local
educational agencies; and
(4) many rural local educational agencies are unable to
afford newer and safer buses.
(b) Purpose.--The purpose of this Act is to establish within the
Department of Education a Federal cost-sharing program to assist rural
local educational agencies with older, unsafe school bus fleets in
purchasing newer, safer school buses.
SEC. 3. DEFINITIONS.
In this Act:
(1) Rural local educational agency.--The term ``rural local
educational agency'' means a local educational agency, as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801), with respect to which--
(A) each county in which a school served by the
local educational agency is located has a total
population density of fewer than 10 persons per square
mile;
(B) all schools served by the local educational
agency are designated with a school locale code of 7 or
8, as determined by the Secretary of Education; or
(C) all schools served by the local educational
agency have been designated, by official action taken
by the legislature of the State in which the local
educational agency is located, as rural schools for
purposes relating to the provision of educational
services to students in the State.
(2) School bus.--The term ``school bus'' means a vehicle
the primary purpose of which is to transport students to and
from school or school activities.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. GRANT PROGRAM.
(a) In General.--From amounts made available under subsection (e)
for a fiscal year, the Secretary shall provide grants, on a competitive
basis, to rural local educational agencies to pay the Federal share of
the cost of purchasing new school buses.
(b) Application.--
(1) In general.--Each rural local educational agency that
seeks to receive a grant under this Act shall submit to the
Secretary for approval an application at such time, in such
manner, and accompanied by such information (in addition to
information required under paragraph (2)) as the Secretary may
require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) documentation that, of the total number of
school buses operated by the rural local educational
agency, not less than 50 percent of the school buses
are in need of repair or replacement;
(B) documentation of the number of miles that each
school bus operated by the rural local educational
agency traveled in the most recent 9-month academic
year;
(C) documentation that the rural local educational
agency is operating with a reduced fleet of school
buses;
(D) a certification from the rural local
educational agency that--
(i) authorizes the application of the rural
local educational agency for a grant under this
Act; and
(ii) describes the dedication of the rural
local educational agency to school bus
replacement programs and school transportation
needs (including the number of new school buses
needed by the rural local educational agency);
and
(E) an assurance that the rural local educational
agency will pay the non-Federal share of the cost of
the purchase of new school buses under this Act from
non-Federal sources.
(c) Priority.--
(1) In general.--In providing grants under this Act, the
Secretary shall give priority to rural local educational
agencies that, as determined by the Secretary--
(A) are transporting students in a bus manufactured
before 1977;
(B) have a grossly depleted fleet of school buses;
or
(C) serve a school that is required, under section
1116(b)(9) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316(b)(9)), to provide
transportation to students to enable the students to
transfer to another public school served by the rural
local educational agency.
(d) Payments; Federal Share.--
(1) Payments.--The Secretary shall pay to each rural local
educational agency having an application approved under this
section the Federal share described in paragraph (2) of the
cost of purchasing such number of new school buses as is
specified in the approved application.
(2) Federal share.--The Federal share of the cost of
purchasing a new school bus under this Act shall be 75 percent.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act--
(1) $50,000,000 for fiscal year 2006; and
(2) such sums as are necessary for each of fiscal years
2007 through 2011. | Bus Utility and Safety in School Transportation Opportunity and Purchasing Act of 2005 - Directs the Secretary of Education to provide grants, on a competitive basis, to rural local educational agencies (LEAs) to pay the federal share (75%) of costs of purchasing new school buses. Requires the Secretary, in providing such grants, to give priority to rural LEAs that: (1) are transporting students in a bus manufactured before 1977; (2) have a grossly depleted fleet of school buses; or (3) serve a school required by law to provide transportation to students to enable them to transfer to another public school served by the rural LEA. | {"src": "billsum_train", "title": "A bill to provide grants for use by rural local educational agencies in purchasing new school buses."} | 1,122 | 138 | 0.604645 | 1.58304 | 0.670605 | 4.576 | 8.72 | 0.928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility to Innovate for College
Affordability Act''.
SEC. 2. HIGHER EDUCATION REGULATORY REFORM TASK FORCE.
(a) Task Force Established.--Not later than 2 months after the date
of enactment of this Act, the Secretary of Education shall establish
the Higher Education Regulatory Reform Task Force.
(b) Membership.--The Higher Education Regulatory Reform Task Force
shall include--
(1) the Secretary of Education or the Secretary's designee;
(2) the head of each other Federal agency (or such head's
designee) that the Secretary of Education determines to be
relevant to the activities of the Higher Education Regulatory
Reform Task Force;
(3) a representative of the Advisory Committee on Student
Financial Assistance established under section 491 of the
Higher Education Act of 1965 (20 U.S.C. 1098);
(4) representatives from the higher education community,
including--
(A) institutions of higher education, with equal
representation of public and private nonprofit
institutions, and two-year and four-year institutions,
and with not less than 25 percent of such
representative institutions carrying out distance
education programs; and
(B) nonprofit organizations representing
institutions of higher education; and
(5) any other entity or individual the Secretary of
Education determines appropriate.
(c) Activities.--
(1) Report required.--Not later than 6 months after the
date of enactment of this Act, the Secretary of Education shall
submit to Congress and make available on a publicly available
website a report (in this Act referred to as the ``Higher
Education Regulatory Reform Report'') prepared by the Higher
Education Regulatory Reform Task Force on Federal regulatory
requirements for institutions of higher education. In
prioritizing the review and consideration of such regulatory
requirements for the purposes of the Higher Education
Regulatory Reform Report, the Higher Education Regulatory
Reform Task Force shall give highest priority to regulations
that are in effect at the time of such review and consideration
and related to--
(A) State authorization of distance education;
(B) the Integrated Postsecondary Education Data
System (IPEDS);
(C) the Office of Management and Budget's A-21
Circular;
(D) reporting under the Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act;
(E) calculation of default rates under section
435(a) of the Higher Education Act of 1965;
(F) gainful employment;
(G) revenue requirements for institutions of higher
education under section 487(a)(24) and (d) of the
Higher Education Act of 1965; and
(H) the Single Audit Act of 1984 and the Office of
Management and Budget's A-133 Circular.
(2) Contents of report.--The Higher Education Regulatory
Reform Report shall contain the following with respect to
regulatory requirements for institutions of higher education:
(A) A list of rules that are determined to be
outmoded, duplicative, ineffective, or excessively
burdensome.
(B) For each rule listed in accordance with
subparagraph (A) and that is in effect at the time of
the review under subparagraph (A), an analysis of
whether the costs outweigh the benefits for such rule.
(C) Recommendations to consolidate, modify,
simplify, or repeal such rules to make such rules more
effective or less burdensome.
(D) A description of the justification for and
impact of the recommendations described in subparagraph
(C), as appropriate and available, including supporting
data for such justifications and the financial impact
of such recommendations on institutions of higher
education of varying sizes and types.
(E) Recommendations on the establishment of a
permanent entity to review new regulatory requirements
affecting institutions of higher education.
(3) Notice and comment.--At least 30 days before submission
of the Higher Education Regulatory Reform Report required under
paragraph (1), the Secretary of Education shall publish the
report in the Federal Register for public notice and comment.
The Higher Education Regulatory Reform Task Force may modify
the report in response to any comments received before
submission of the report to Congress.
(d) Definition of Institution of Higher Education.--For the
purposes of this section, the term ``institution of higher education''
has the meaning given such term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002), except that such term does not include
institutions described in subsection (a)(1)(C) of such section 102.
SEC. 3. EXPEDITED CONSIDERATION BY CONGRESS.
(a) Presentation of Higher Education Regulatory Reform Report to
Congress and Expedited Consideration.--
(1) In general.--The President shall propose, at the time
and in the manner provided in paragraph (2), the carrying out
of all or part of the recommendations contained in the Higher
Education Regulatory Reform Report prepared by the Higher
Education Regulatory Reform Task Force in accordance with
section 2.
(2) Transmittal of special message.--Not later than 120
days after the submission of the Higher Education Regulatory
Reform Report to Congress under section 2(c), the President
shall transmit to Congress a special message to carry out all
or part of the recommendations contained in such Report. The
President shall include with that special message a bill that
would carry out the recommendations. The President may not
transmit more than one such special message each year.
(3) Expedited consideration of president's higher education
regulatory reform bill.--
(A) Higher education regulatory reform bill.--
Within 14 days after the President submits to Congress
a bill under paragraph (2), the majority leader of the
House of Representatives and the majority leader of the
Senate shall each introduce such bill, by request.
(B) Consideration in the house of
representatives.--
(i) Referral and reporting.--Any committee
of the House of Representatives to which such
bill is referred shall report it to the House
without amendment not later than the 14th
legislative day after the date of its
introduction. If a committee fails to report
the bill within that period or the House has
adopted a concurrent resolution providing for
adjournment sine die at the end of a Congress,
such committee shall be automatically
discharged from further consideration of the
bill and it shall be placed on the appropriate
calendar.
(ii) Proceeding to consideration.--Not
later than 21 legislative days after such bill
is reported or a committee has been discharged
from further consideration thereof, it shall be
in order to move to proceed to consider such
bill in the House. Such a motion shall be
highly privileged and not debatable, and shall
be in order only at a time designated by the
Speaker in the legislative schedule within two
legislative days after the day on which the
proponent announces an intention to the House
to offer the motion provided that such notice
may not be given until such bill is reported or
a committee has been discharged from further
consideration thereof. Such a motion shall not
be in order after the House has disposed of a
motion to proceed with respect to that special
message. The previous question shall be
considered as ordered on the motion to its
adoption without intervening motion. A motion
to reconsider the vote by which the motion is
disposed of shall not be in order.
(iii) Consideration.--If the motion to
proceed is agreed to, the House shall
immediately proceed to consider such bill in
the House without intervening motion. Such bill
shall be considered as read. All points of
order against the bill and against its
consideration are waived. The previous question
shall be considered as ordered on the bill to
its passage without intervening motion except 4
hours of debate equally divided and controlled
by the proponent and an opponent and one motion
to limit debate on the bill. A motion to
reconsider the vote on passage of the bill
shall not be in order.
(C) Consideration in the senate.--
(i) Committee action.--The appropriate
committee of the Senate shall report without
amendment the bill referred to in subparagraph
(A) not later than the seventh session day
after introduction. If a committee fails to
report the bill within that period or the
Senate has adopted a concurrent resolution
providing for adjournment sine die at the end
of a Congress, the Committee shall be
automatically discharged from further
consideration of the bill and it shall be
placed on the appropriate calendar.
(ii) Motion to proceed.--Not later than 3
session days after the bill is reported in the
Senate or the committee has been discharged
thereof, it shall be in order for any Senator
to move to proceed to consider the bill in the
Senate. The motion shall be decided without
debate and the motion to reconsider shall be
deemed to have been laid on the table. Such a
motion shall not be in order after the Senate
has disposed of a prior motion to proceed with
respect to the draft bill.
(iii) Consideration.--If a motion to
proceed to the consideration of the draft bill
is agreed to, the Senate shall immediately
proceed to consideration of the draft bill
without intervening motion, order, or other
business, and the draft bill shall remain the
unfinished business of the Senate until
disposed of. Consideration on the bill in the
Senate under this subsection, and all debatable
motions and appeals in connection therewith,
shall not exceed 10 hours equally divided in
the usual form. All points of order against the
draft bill or its consideration are waived.
Consideration in the Senate on any debatable
motion or appeal in connection with the draft
bill shall be limited to not more than 10
hours. A motion to postpone, or a motion to
proceed to the consideration of other business,
or a motion to recommit the draft bill is not
in order. A motion to reconsider the vote by
which the draft bill is agreed to or disagreed
to is not in order.
(D) Amendments prohibited.--No amendment to, or
motion to strike a provision from, the draft bill
considered under this section shall be in order in
either the House of Representatives or the Senate.
(E) Coordination with action by other house.--If,
before passing the bill, one House receives from the
other a bill--
(i) the bill of the other House shall not
be referred to a committee; and
(ii) the procedure in the receiving House
shall be the same as if no bill had been
received from the other House until the vote on
passage, when the bill received from the other
House shall supplant the bill of the receiving
House.
(F) Limitation.--This paragraph shall apply only to
the bill referred to in subparagraph (A), introduced
pursuant to such subparagraph.
(b) Definition.--For purposes of this section, continuity of a
session of either House of Congress shall be considered as broken only
by an adjournment of that House sine die, and the days on which that
House is not in session because of an adjournment of more than 3 days
to a date certain shall be excluded in the computation of any period.
SEC. 4. EXPANDING THE EXPERIMENTAL SITES INITIATIVE.
Section 487A(b)(3) of the Higher Education Act of 1965 (20 U.S.C.
1094a(b)(3)) is amended--
(1) in subparagraph (B)--
(A) by inserting ``(other than for purposes of an
experiment described in subparagraph (C))'' after
``award amounts''; and
(B) by inserting ``, such as an experiment
described in subparagraph (D)'' after ``results of the
experiment''; and
(2) by adding at the end the following new subparagraphs:
``(C) Waivers of grant and loan maximum award
amounts.--The Secretary is authorized to waive any
requirements in this title or regulations prescribed
under this title relating to grant and loan maximum
award amounts (or any other requirements or regulations
that may bias the results of the experiment described
in this subparagraph) for any institution participating
as an experimental site under subparagraph (A) to carry
out an experiment to, with respect to each student
whose workload exceeds the minimum workload that the
institution considers a full-time academic workload for
the program of study that the student is pursuing,
increase the maximum Federal Pell Grant and loan award
amounts for the student in proportion to the amount
that the student's workload exceeds such minimum full-
time academic workload, so long as the institution
demonstrates to the Secretary that the experiment
described in this subparagraph will assist in
decreasing the total the cost of attendance (defined in
section 472) for the student.
``(D) Waivers for competency-based learning.--The
Secretary is authorized to waive any requirements in
this title or any regulations prescribed under this
title (including any accreditation requirements or any
other requirements or regulations that may bias the
results of the experiment described in this
subparagraph) for any institution participating as an
experimental site under subparagraph (A) to carry out
an experiment to provide Federal grant and loan awards
to--
``(i) students enrolled in remedial courses
or competency-based learning programs that
provide competencies for success in certain
programs of study at the institution, but that
are not accredited;
``(ii) students (or potential students) to
pay for the test fees of tests, based on the
results of which the institution may award the
students academic credit for prior learning; or
``(iii) secondary school students enrolled
in courses at the institution,
so long as the institution demonstrates to the
Secretary that the experiment described in this
subparagraph will assist in decreasing the total the
cost of attendance (defined in section 472) for such
students.''. | Flexibility to Innovate for College Affordability Act This bill directs the Department of Education (ED) to establish the Higher Education Regulatory Reform Task Force to review, report on, and make recommendations to reduce, federal regulatory requirements for institutions of higher education (IHEs). ED must publish the Higher Education Regulatory Reform Report; the President must submit a legislative proposal to implement its recommendations; and Congress must consider legislation to enact such recommendations under expedited procedures. Additionally, this bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to expand ED's waiver authority under the Experimental Sites Initiative. Specifically, it authorizes ED to waive title IV statutory and regulatory requirements to allow participating IHEs to award federal student aid: (1) above the annual maximum amount to students whose academic workload exceeds a full-time academic workload; and (2) to students enrolled in remedial or competency-based programs, students or potential students who incur costs (e.g., test fees) for prior learning assessments, and high school students enrolled in a postsecondary education program. A participating IHE must demonstrate that a waiver reduces the total cost of attendance for such students. | {"src": "billsum_train", "title": "Flexibility to Innovate for College Affordability Act"} | 2,948 | 260 | 0.533656 | 1.592339 | 0.768475 | 2.214286 | 12.504464 | 0.803571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Benefit Equity and
Emergency Access to Prescription Drugs Act of 1999''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) American taxpayers should receive equal Medicare
services regardless of place of residence.
(2) Medicare managed care plans play a fundamental role in
the health of our Nation's seniors, often providing coordinated
care and access to pharmaceuticals. The loss of Medicare
managed care plans and their services can be devastating to our
Nation's Medicare-eligible seniors.
(3) For the second consecutive year, Medicare managed care
plans are abandoning hundreds of thousands of medicare
beneficiaries. The most recent announcement of plan
cancellations means that within the past two years, 734,000 of
the Nation's 6,200,000 Medicare beneficiaries enrolled in
managed care plans will have been dropped from those plans.
(4) In 1999, Medicare managed care plan withdrawals
affected nearly 407,000 Medicare beneficiaries, and 51,276
beneficiaries in 79 counties were left with no other Medicare
managed care option.
(5) Beginning January 2000, another 327,000 enrollees will
need to find alternative coverage, and 79,000 of these Medicare
managed care participants will have no other Medicare+Choice
plan available.
(6) Medicare beneficiaries who have lost their managed care
option can enroll in Medicare fee-for-service; however,
Medicare fee-for-service does not currently provide
comprehensive outpatient pharmaceutical coverage.
(7) While all beneficiaries pay the same medicare part B
premium as other program participants, Medicare beneficiaries
regularly pay managed care plans varied amounts and receive
very unequal services and benefits.
(8) A growing body of data suggests that medical practice
and Medicare spending vary substantially among the Nation's
hospital referral regions, even after adjustments for
differences in regional prices and illness rates, but there is
little evidence that greater spending brings better health.
(9) By adjusting Medicare reimbursement payment rates
(adjusted for age, sex, severity of illness, etc.,) and
lowering Medicare reimbursement payment to providers and
regions where there are more costly patterns of practice
without better health outcomes, Congress can provide more
equitable and efficient health care for our Nation's 39,000,000
Medicare beneficiaries.
(10) Such a strategy will encourage a more responsible
practice of medicine at the lowest cost to the taxpayer and
Medicare beneficiary, and will free resources for improvements
to the medicare program.
SEC. 3. MEDICARE CLINICAL PRACTICE AND PAYMENT PATTERN ADJUSTMENT.
(a) Establishment of Practice Profiles.--
(1) In general.--By not later than January 1, 2002, the
Secretary of Health and Human Services shall establish clinical
profiles of the practice and payment patterns of health care
providers (including both institutional providers and health
care professionals) furnishing items and services under the
medicare program under title XVIII of the Social Security Act
in order to determine how their practice and payment patterns
compare to each other on a local, State, and national basis. In
establishing such profiles, the Secretary shall take into
account differences in the case mix and severity of patients
served by such providers and shall take into account, to the
extent practicable, the medical outcomes resulting from such
practices.
(2) Dissemination of information.--The Secretary shall
establish a method for disseminating summary information to the
public on the clinical profiles established under paragraph
(1). No information that identifies (or permits the
identification of) an individual patient shall be disseminated.
(b) Authority To Make Payment Adjustments.--For items and services
furnished on or after January 1, 2003, the Secretary of Health and
Human Services may adjust the amount of the payments made under the
medicare program to such health care providers in order to encourage
their provision of services in a medically appropriate manner and to
discourage significant deviations in underservice or overservice from
generally accepted norms of medical practice. Such adjustments shall be
made on the basis of provider profiles established under subsection (a)
and shall be made only after--
(1) taking into account variations among providers in the
case mix and severity of patients served; and
(2) the Secretary determines that discouraging particular
patterns of overservice will not adversely affect outcomes or
quality of care.
(c) Schedule To Reduce Overpayments.--
(1) In general.--For items and services furnished on or
after January 1, 2004, the Secretary shall annually reduce
overpayments to providers by five percent of the overpayment
amount (as defined in paragraph (2)). Such reduction shall be
administered through a percentage reduction in the providers'
applicable payment methodology.
(2) Overpayment amount defined.--In this subsection, the
term ``overpayment amount'' means a health care provider's
payment profile minus the median national payment profiles for
similar health care providers, adjusted for variations in case
mix and severity of patients served.
SEC. 4. ADJUSTMENT IN MEDICARE+CHOICE PAYMENT RATES TO OVERPAID
COUNTIES.
(a) In General.--Section 1853(c)(1)(C) of the Social Security Act
(42 U.S.C. 1395w-23(c)(1)(C)) is amended--
(1) in clause (ii), by striking ``For a subsequent year,''
and inserting ``Subject to clause (iii), for a subsequent
year,''; and
(2) by adding at the end the following new clause:
``(iii) In the case of a year beginning
after 1999 for which the Secretary determines
there is an overpaid payment area (as defined
in paragraph (8)), the following:
``(I) In the case of such overpaid
payment area, 100.5 percent of the
annual Medicare+Choice capitation rate
under this paragraph for the area for
the previous year.
``(II) In the case of a payment
area that is not an overpaid payment
area, 102 percent of the annual
Medicare+Choice capitation rate under
this paragraph for the area for the
previous year.''.
(b) Overpaid Payment Area Defined.--Section 1853(c) of such Act (42
U.S.C. 1395w-23(c)) is amended by adding at the end the following new
paragraph:
``(8) Overpaid payment area defined.--For purposes of
paragraph (1)(C)(iii), the term `overpaid payment area' means a
Medicare+Choice payment area for a year for which the annual
per capita rate of payment for such area exceeds the mean of
the annual per capita rates of payments for all Medicare+Choice
payment areas for that year by more than two standard
deviations, such mean determined without regard to the number
of Medicare beneficiaries in such payment areas.''.
(c) Allocation of Savings to Underpaid Counties.--For a contract
year consisting of a calendar year beginning on or after January 1,
2000, for which the Secretary of Health and Human Services has
determined there is an overpaid payment area (as defined in section
1853(c)(8)), as added by subsection (b), the Secretary shall adjust the
annual per capita rate of payment for Medicare+Choice payment areas
described in section 1853(c)(1)(C)(iii)(II), as added by subsection
(a), to increase the blended capitation rate applicable to such areas
under section 1853(c)(1)(A) (in such pro rata manner as the Secretary
determines appropriate) by an aggregate amount equal to the aggregate
amount of reductions in payments attributable to section
1853(c)(1)(C)(iii)(I), as added by subsection (a).
SEC. 5. PROVISION OF EMERGENCY OUTPATIENT PRESCRIPTION DRUG COVERAGE
FOR MEDICARE BENEFICIARIES LOSING DRUG COVERAGE UNDER
MEDICARE+CHOICE PLANS.
(a) Temporary Coverage of Outpatient Prescription Drugs for
Medicare Beneficiaries Losing Prescription Drug Coverage Under
Medicare+Choice Plans.--
(1) In general.--The Secretary of Health and Human Services
shall provide for coverage of outpatient prescription drugs to
eligible Medicare beneficiaries under this section. The
Secretary shall provide for such coverage by entering into
agreements with eligible organizations to furnish such
coverage.
(2) Term of emergency coverage.--The Secretary shall
provide coverage of outpatient prescription drugs to an
eligible Medicare beneficiary under this section for the 18-
month period beginning on the date the eligible Medicare
beneficiary loses coverage of outpatient prescription drugs
under the Medicare+Choice plan in which the beneficiary is
enrolled.
(3) Cost-sharing.--The Secretary shall impose the following
cost-sharing requirements under coverage of outpatient
prescription drugs furnished under this section:
(A) Benefits under this section shall not begin
until the eligible medicare beneficiary has met a $50
deductible.
(B) The eligible Medicare beneficiary shall pay
coinsurance in the amount of 10 percent.
(4) Payment.--The Secretary shall provide for payment for
such coverage under this section from the Emergency Reserve
Outpatient Prescription Drug Account established under
subsection (b).
(b) Account for Emergency Outpatient Prescription Drug Benefit in
SMI Trust Fund.--
(1) Establishment.--There is hereby established in the
Federal Supplementary Medical Insurance Trust Fund under
section 1841 of the Social Security Act (42 U.S.C. 1395t) an
expenditure account to be known as the ``Emergency Reserve
Outpatient Prescription Drug Account''.
(2) Crediting of funds.--The Managing Trustee shall credit
to the Emergency Reserve Outpatient Prescription Drug Account
such amounts as may be deposited in the Federal Supplementary
Medical Insurance Trust Fund as follows:
(A) Amounts appropriated to the account.
(B) Amounts equal to the annual outstanding balance
of the Health Care Fraud and Abuse Control Account
under section 1817(k) of the Social Security Act (42 U.S.C. 1395i(k))
at the end of each fiscal year that the Secretary determines may be
made available to the Emergency Reserve Outpatient Prescription Drug
Account.
(C) Amounts attributable to reductions in payments
to providers under section 3(c) of this Act.
(3) Use of funds.--Funds credited to the Outpatient
Prescription Drug Account may only be used to pay for
outpatient prescription drugs furnished under this section.
(c) Definitions.--In this section:
(1) Eligible medicare beneficiary.--The term ``eligible
Medicare beneficiary'' means an individual--
(A) who is enrolled in a Medicare+Choice plan under
part C of title XVIII of the Social Security Act;
(B) who requires outpatient prescription drugs for
an extended period of time for the treatment of a
condition, as determined by a physician; and
(C)(i) whose enrollment in such plan is terminated
or may not be renewed for the next contract year
because the plan has been terminated or will not be
offered in such contract year; or
(ii) whose coverage of outpatient prescription
drugs under such plan has been terminated,
significantly reduced, or no longer provides for the
coverage of a particular outpatient prescription drug
required as specified under subparagraph (B).
(2) Covered outpatient drug.--
(A) In general.--Except as provided in subparagraph
(B), the term ``covered outpatient drug'' means any of
the following products:
(i) A drug which may be dispensed only upon
prescription, and--
(I) which is approved for safety
and effectiveness as a prescription
drug under section 505 of the Federal
Food, Drug, and Cosmetic Act;
(II)(aa) which was commercially
used or sold in the United States
before the date of enactment of the
Drug Amendments of 1962 or which is
identical, similar, or related (within
the meaning of section 310.6(b)(1) of
title 21 of the Code of Federal
Regulations) to such a drug, and (bb)
which has not been the subject of a
final determination by the Secretary
that it is a ``new drug'' (within the
meaning of section 201(p) of the
Federal Food, Drug, and Cosmetic Act)
or an action brought by the Secretary
under section 301, 302(a), or 304(a) of
such Act to enforce section 502(f) or
505(a) of such Act; or
(III)(aa) which is described in
section 107(c)(3) of the Drug
Amendments of 1962 and for which the
Secretary has determined there is a
compelling justification for its
medical need, or is identical, similar,
or related (within the meaning of
section 310.6(b)(1) of title 21 of the
Code of Federal Regulations) to such a
drug, and (bb) for which the Secretary
has not issued a notice of an
opportunity for a hearing under section
505(e) of the Federal Food, Drug, and
Cosmetic Act on a proposed order of the
Secretary to withdraw approval of an
application for such drug under such
section because the Secretary has
determined that the drug is less than
effective for all conditions of use
prescribed, recommended, or suggested
in its labeling.
(ii) A biological product which--
(I) may only be dispensed upon
prescription;
(II) is licensed under section 351
of the Public Health Service Act; and
(III) is produced at an
establishment licensed under such
section to produce such product.
(iii) Insulin approved under appropriate
Federal law.
(iv) A prescribed drug or biological
product that would meet the requirements of
clause (i) or (ii) but that is available over-
the-counter in addition to being available upon
prescription.
(B) Exclusion.--The term ``covered outpatient
drug'' does not include any product--
(i) except as provided in subparagraph
(A)(iv), which may be distributed to
individuals without a prescription;
(ii) when furnished as part of, or as
incident to, a diagnostic service or any other
item or service for which payment may be made
under title XVIII of the Social Security Act;
or
(iii) that is a therapeutically equivalent
replacement for a product described in clause
(i) or (ii), as determined by the Secretary.
(3) Eligible organization.--The term ``eligible
organization'' means any organization that the Secretary
determines to be appropriate, including--
(A) pharmaceutical benefit management companies;
(B) wholesale and retail pharmacist delivery
systems;
(C) insurers;
(D) other organizations; or
(E) any combination of the entities described in
subparagraphs (A) through (D).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services. | Authorizes the Secretary, for items and services furnished on or after January 1, 2003, to adjust the amount of the payments made under Medicare to such health care providers in order to encourage their provision of services in a medically appropriate manner and to discourage significant deviations in underservice or overservice from generally accepted norms of medical practice.
Amends Medicare part C (Medicare+Choice) to provide for adjustment in Medicare+Choice payment rates to overpaid counties.
Provides that for a contract year consisting of a calendar year beginning on or after January 1, 2000, for which the Secretary has determined there is an overpaid payment area, the Secretary shall adjust the annual per capita rate of payment for specified Medicare+Choice payment areas to increase the blended capitation rate applicable to such areas under Medicare+Choice blended capitation rates by the aggregate amount of reductions in payments attributable to this Act.
Directs the Secretary to: (1) provide for coverage of outpatient prescription drugs to eligible Medicare beneficiaries and to provide for such coverage by entering into agreements with eligible organizations to furnish such coverage; (2) provide coverage of outpatient prescription drugs to such a beneficiary for a specified period beginning when such beneficiary loses coverage of outpatient prescription drugs under the Medicare+Choice plan in which they are enrolled; and (3) impose specified cost-sharing requirements under coverage of outpatient prescription drugs.
Establishes in the Federal Supplementary Medical Insurance Trust Fund under Medicare the Emergency Reserve Outpatient Prescription Drug Account, consisting of specified amounts deposited in the Trust Fund, including amounts attributable to reductions in provider overpayments, to pay for outpatient prescription drugs. | {"src": "billsum_train", "title": "Medicare Benefit Equity and Emergency Access to Prescription Drugs Act of 1999"} | 3,230 | 352 | 0.503079 | 1.559781 | 0.798611 | 5.385906 | 9.711409 | 0.983221 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans'
Adjudication and Appeals Improvements Act of 1993''.
(b) References to Title 38, United States Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
TITLE I--ADJUDICATION IMPROVEMENTS
SEC. 101. ELIMINATION OF REQUIREMENT FOR ANNUAL INCOME QUESTIONNAIRES.
Section 1506 is amended--
(1) in paragraph (2), by striking out ``shall'' and
inserting in lieu thereof ``may''; and
(2) in paragraph (3), by striking out ``file a revised
report'' and inserting in lieu thereof ``notify the
Secretary''.
SEC. 102. TIME PERIOD FOR RESPONDING TO NOTICE OF INCOMPLETE
APPLICATION.
Section 5103(a) is amended by striking out ``one year'' and
inserting in lieu thereof ``120 days''.
SEC. 103. RESTATEMENT OF BURDEN OF PROOF, DUTY TO ASSIST, AND BENEFIT
OF DOUBT.
The text of section 5107 is amended to read as follows:
``(a) Except as otherwise provided in this title, a person who
submits a claim for benefits under a law administered by the Secretary
shall bear the burden of establishing such claim by submitting evidence
sufficient to justify a belief by a fair and impartial individual that
the claim is well grounded. A claim shall be considered to be well
grounded if the evidence presented is sufficient to evoke a reasonable
probability that the claim is valid. Mere allegations, unsupported by
evidence, shall not form the basis for a conclusion that the claim is
well grounded.
``(b) The Secretary shall provide reasonable assistance to a
claimant in developing the facts pertinent to the claim. Except in the
case of evidence or information within the control of the Department or
other Federal department or agency, the duty to provide such assistance
shall be considered to be met upon a showing of a good faith effort by
the Secretary to obtain such evidence. Nothing in this subsection shall
be construed as shifting from the claimant to the Secretary the burden
specified in subsection (a).
``(c) When, after consideration of all evidence and material of
record in a case before the Department with respect to benefits under
law administered by the Secretary, there is an approximate balance of
positive and negative evidence regarding the merits of an issue
material to the determination of the matter, the benefit of doubt in
resolving each such issue shall be given to the claimant.''.
SEC. 104. CLARIFICATION OF REVIEW ON REOPENED CLAIMS.
Section 5108 is amended by adding at the end the following: ``Such
review shall be limited to the issue to which the new and material
evidence is related.''.
SEC. 105. LIMIT ON RETROACTIVE AWARDS.
Section 5110 is amended by adding at the end the following:
``(o) The effective date of an award or an increased award based on
a finding of clear and unmistakable error in fact or law in a prior
decision shall be in accordance with the facts found, but shall not be
retroactive for more than ten years before receipt of the allegation of
error.''.
SEC. 106. PLAN FOR REORGANIZATION OF ADJUDICATION DIVISIONS IN REGIONAL
OFFICES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a plan
to provide for the reorganization of adjudication divisions located
within the regional offices of the Veterans Benefits Administration to
a number of such divisions that would result in greater efficiency in
the processing of claims filed by veterans, their survivors, or other
eligible persons for benefits administered by the Secretary.
SEC. 107. TRANSFER OF MILITARY MEDICAL RECORDS FROM DEPARTMENT OF
DEFENSE.
The Secretary of Veterans Affairs shall, not later than 90 days
after the date of the enactment of this Act, seek to enter into an
agreement with the Secretary of Defense to implement a plan to provide
for the immediate transfer to the Department of Veterans Affairs, upon
the separation of a member of the Armed Forces from active duty, of the
service medical records of that member.
TITLE II--BOARD OF VETERANS' APPEALS IMPROVEMENTS-
SEC. 201. COMPOSITION OF BOARD OF VETERANS' APPEALS.
(a) Repeal of Limitation on Size of Board.--Section 7101(a) is
amended by striking out ``(not more than 65)''.
(b) Ethical and Legal Limitations on Chairman.--Section 7101(b)(1)
is amended by inserting after the first sentence the following: ``The
Chairman shall be subject to the same ethical and legal limitations and
restrictions concerning involvement in partisan political activities as
apply to judges of the United States Court of Veterans Appeals.''.
(c) Temporary Members of the Board.--Section 7101(c)(1) is amended
to read as follows:
``(1) The number of temporary members of the Board may not exceed
10 percent of the total number of Board members at any time.''.
(d) Repeal of Report Requirement.--Paragraph (3) of section 7101(c)
is repealed.
SEC. 202. ASSIGNMENT OF MATTERS BEFORE THE BOARD.
Section 7102 is redesignated as section 7103 and is amended to read
as follows:
``Sec. 7103. Assignment of matters before the Board
``(a) Subject to subsection (b), the Chairman may determine any
matter before the Board, rule on any motion in connection therewith, or
may assign any such matter or motion to any other Board member or a
panel of members for determination. Any such assignment by the Chairman
shall not be reviewed by any other official or by any court, whether by
an action in the nature of mandamus or otherwise.
``(b) The authority granted under subsection (a) shall expire on
September 30, 1995.''.
SEC. 203. DETERMINATIONS BY THE BOARD.
Section 7103 is redesignated as section 7104 and the text thereof
is amended to read as follows:
``(a) When the Chairman retains a matter or submits it to another
Board member or panel of members for determination in accordance with
section 7102 of this title, or to a panel of Board members in
accordance with subsection (e), the Board member or members shall do
the following:
``(1) Issue an order dismissing any appeal, in whole or in
part, which fails to allege specific error of fact or law in
the determination being appealed or in which the determination
being appealed has become moot. Each order of dismissal shall
include a written statement of the Board's findings and
conclusions, and the reasons and bases for those findings and
conclusions, in support of the dismissal.
``(2) Issue an order remanding the case, in whole or in
part, to the agency of original jurisdiction for such
additional development as the member or panel of members may
consider necessary for proper disposition of the case.
``(3) Render a written decision with respect to any issues
not dismissed or remanded, which shall constitute the Board's
final disposition of the issues so decided. Such decision shall
be based on the entire record in the proceeding, upon
consideration of all evidence and material of record, and upon
applicable provisions of law and regulation.
``(b) Each decision of a Board member or of a panel of members
shall include--
``(1) a written statement of the Board's findings and
conclusions, and the reasons and bases for those findings and
conclusions, on all material issues of fact and law presented
on the record; and
``(2) an order granting appropriate relief or denying
relief.
``(c)(1) Decisions by a panel of Board members under this section
shall be based on a majority vote of the members of the panel.
``(2) The decision of a Board member or of a panel of members is
final unless the Chairman grants an administrative allowance as
authorized under subsection (d) or orders reconsideration of the case
pursuant to subsection (e).
``(d) Except in the case of a claim which has been the subject of
reconsideration pursuant to subsection (e), if a Board member other
than the Chairman is of the opinion that an otherwise final denial of a
claim should be revised or amended to allow the claim in whole or in
part based on a difference of opinion as to how the evidence should be
evaluated rather than on any error in the prior decision, the Board
member may recommend allowance of the claim to the Chairman. If the
Chairman agrees with the Board member, the Chairman shall approve the
award of any benefit or increase therein, on the basis of such
difference of opinion.
``(e)(1) A claimant may seek reconsideration of a final decision of
the Board by filing a motion for reconsideration with the Board within
120 days after the date on which notice of the Board's decision is
mailed pursuant to section 7104(e) of this title.
``(2) The Chairman or Vice Chairman shall review each motion for
reconsideration and may order such reconsideration upon a showing of
good cause. The decision of the Chairman or Vice Chairman to order
reconsideration or to deny such reconsideration shall not be reviewed
by any other official or by any court by an action in the nature of
mandamus or otherwise. If a motion for reconsideration is granted,
there shall be no further review by the Board of the matter except as
provided in this subsection.
``(3) If the Chairman or Vice Chairman orders reconsideration of an
appeal, the matter shall be referred to a panel of not less than three
Board members, not including the Board member who rendered the initial
decision, which shall render its decision after reviewing the entire
record before the Board.
``(4) The standard of review upon reconsideration shall be whether
the decision under consideration involved an obvious error in fact or
law affecting the result.
``(f) After reaching a determination under any of the provisions of
this section, the Board shall promptly mail a copy of its written
decision to the claimant and the claimant's authorized representative
(if any) at the last known address of the claimant and the last known
address of such representative (if any).
``(g) The Board shall be bound in its decisions by regulations of
the Department, and precedent opinions of the chief legal officer of
the Department.
``(h) A claim disallowed by the Board may not thereafter be
reopened except as provided in section 5108 of this title.''.
SEC. 204. JURISDICTION OF THE BOARD.
Section 7104 is transferred so as to appear after section 7101,
redesignated as section 7102, and amended to read as follows:
``Sec. 7102. Jurisdiction of the Board
``All questions in a matter which under section 511(a) of this
title is subject to decision by the Secretary shall be subject to one
review on appeal to the Secretary. Final decisions on such appeals
shall be made by the Board.''.
SEC. 205. FILING OF NOTICE OF DISAGREEMENT AND APPEAL.
(a) Period for Filing Notice of Disagreement.--Section 7105(b)(1)
is amended--
(1) by striking out ``one year'' in the first sentence and
inserting in lieu thereof ``120 days''; and
(2) by striking out ``one-year'' in the second sentence and
inserting in lieu thereof ``120-day''.
(b) Finality of Action or Determination.--Section 7105(d)(3) is
amended by adding after the third sentence the following: ``If no
formal appeal is received within this time period, the action or
determination shall become final and the claim may not thereafter be
reopened or allowed, except as may otherwise be provided by regulations
not inconsistent with this title.''.
(c) Repeal of Grounds for Dismissal.--Section 7105(d) is amended by
striking out paragraph (5).
SEC. 206. PERIOD FOR ADMINISTRATIVE APPEAL.
Section 7106 is amended by striking out ``one-year'' and inserting
in lieu thereof ``120-day''.
SEC. 207. HEARINGS.
Section 7110 is amended to read as follows:
``Sec. 7110. Hearings
``(a) The Board shall decide an appeal only after affording a
claimant an opportunity for a hearing.
``(b) A hearing docket shall be maintained and formal recorded
hearings shall be held by such member or members of the Board as the
Chairman may designate. Such Board member or members conducting such
hearing shall participate in the final determination in the claim.
``(c) A claimant may request a personal hearing before the Board at
either its principal location or at a regional office of the
Department. Any hearing held at a regional office of the Department
shall be scheduled for hearing in the order in which the requests for
hearings in that area are received by the Department. Other than a
hearing authorized under subsection (d), the Chairman may not authorize
more than 1,000 hearings by Board members at regional offices in any
fiscal year.
``(d) At the request of the Chairman, the Secretary may provide
suitable facilities and equipment to the Board or other components of
the Department to enable a claimant located at a regional office to
participate, through picture or voice transmission (or both) by
electronic or other means, in a hearing with a Board member or members
sitting at the Board's principal location. When such facilities and
equipment are available, the Chairman may afford a claimant an
opportunity to participate in a hearing before the Board through the
use of such facilities and equipment in lieu of a personal appearance
before the Board member or members. Any such hearing shall be conducted
in the same manner as, and be considered the equivalent of, a personal
hearing.''.
SEC. 208. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 71 is amended--
(1) by striking out the items relating to sections 7102,
7103, and 7104 and inserting in lieu thereof the following:
``7102. Jurisdiction of the Board.
``7103. Assignment of matters before the Board.
``7104. Filing of notice of disagreement and appeal.''; and
(2) by striking out the item relating to section 7110 and
inserting in lieu thereof the following:
``7110. Hearings.''.
SEC. 209. EFFECTIVE DATE.
The amendments made by this title shall take effect 60 days after
the date of the enactment of this Act.
TITLE III--COURT OF VETERANS APPEALS IMPROVEMENTS
SEC. 301. RECORD BEFORE COURT.
Section 7252(b) is amended by inserting ``entire'' after ``shall be
on the''.
SEC. 302. SCOPE OF REVIEW.
Section 7261(c) is amended by striking out the period at the end
and inserting in lieu thereof the following: ``, nor shall the Court
consider an issue not presented on appeal to the Board of Veterans'
Appeals.''.
SEC. 303. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to cases
for which an appeal is filed with the United States Court of Veterans
Appeals after the end of the 60-day period beginning on the date of the
enactment of this Act. | TABLE OF CONTENTS:
Title I: Adjudication Improvements
Title II: Board of Veterans' Appeals Improvements
Title III: Court of Veterans Appeals Improvements
Veterans' Adjudication and Appeals Improvements Act of 1993 -
Title I: Adjudication Improvements
- Authorizes (currently, directs) the Secretary of Veterans Affairs to require an annual income statement from persons receiving pension benefits from the Department of Veterans Affairs.
Reduces from one year to 120 days the time period for a Department claim applicant to respond to a notice of an incomplete application.
Limits the review of reopened claims to the issue to which the new and material evidence is related.
Limits the retroactive effective date of an award based on clear error to ten years before receipt of the allegation of such error.
Directs the Secretary to: (1) report to specified congressional committees a plan for the reorganization of adjudication divisions located within the regional offices of the Veterans Benefits Administration; and (2) enter into an agreement with the Secretary of Defense for the immediate transfer to the Department of the service medical records of individuals separated from the armed forces.
Title II: Board of Veterans' Appeals Improvements
- Repeals the current 65-person limit on the size of the Board of Veterans' Appeals. Requires the Chairman of the Board to be subject to the same ethical and legal limitations that apply to judges of the U.S. Court of Veterans Appeals. Repeals the requirement of an annual report on the number of temporary members appointed to the Board. Revises provisions concerning: (1) assignment of matters before the Board from the Chairman to other Board members; (2) determinations made by Board members (with a review of each decision by the Chairman or Vice Chairman); and (3) Board jurisdiction.
Reduces from one year to 120 days: (1) the period for the filing of a notice of disagreement and appeal to a Board decision; and (2) administrative appeals of decisions by designated officials of the Department.
Provides procedures for a Board hearing of an applicant's appeal, allowing such hearing to take place at either the Board's principal location or a regional office of the Department.
Title III: Court of Veterans Appeals Improvements
- Requires the U.S. Court of Veterans Appeals to review the entire record (currently, the record) of the previous proceedings before the Secretary and the Board. Prohibits the Court from considering an issue not presented on appeal to the Board. | {"src": "billsum_train", "title": "Veterans' Adjudication and Appeals Improvements Act of 1993"} | 3,607 | 533 | 0.533804 | 1.873872 | 0.630716 | 3.037037 | 6.644033 | 0.884774 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Education for Girls and
Boys Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) our Nation's schools are struggling to maintain an
environment that is conducive to learning and that fairly
educates girls and boys;
(2) recent studies show that women continue to be
underrepresented in careers in mathematical and scientific
fields because those fields are stereotyped as male
professions;
(3) because girls and young women are influenced at an
early age in making career choices, effective gender equity
training must occur in order to change the disparities in
mathematics and science achievement between girls and boys;
(4) a fundamental prerequisite for an effective learning
environment is that such environment be free from sexual
harassment and abuse as such harassment and abuse has a
measured impact on our children's school attendance,
concentration and class participation; and
(5) the Federal Government has an important role in
eliminating sexual harassment and abuse in our Nation's
schools, and providing a productive learning environment for
all students by encouraging education programs that include
training and technical assistance.
SEC. 3. PURPOSE.
It is the purpose of this Act--
(1) to enrich the quality of mathematics and science
education by encouraging gender-fair training, practices and
policies;
(2) to assist schools to eliminate sexual harassment and
abuse and to develop a safe and healthy learning environment;
and
(3) to improve overall instruction and training in all
federally funded education programs by increasing awareness of
the need for gender equity in education.
TITLE I--GENDER EQUITY IN MATHEMATICS AND SCIENCE EDUCATION
SEC. 101. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
Section 2006 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 2986) is amended--
(1) in paragraph (1) of subsection (b)--
(A) in subparagraph (B), by inserting ``and
female'' after ``of minority'';
(B) in subparagraph (D), by striking ``or'' after
the semicolon;
(C) in subparagraph (E), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following new
subparagraphs:
``(F) preservice and inservice training, and retraining, of
teachers and other school personnel in gender-equitable
instruction in mathematics and science; or
``(G) providing funds for grant projects to provide career
counseling, special instructional activities, and other
targeted intervention and followup programs to encourage
historically underserved students to participate fully in
mathematics and science programs.''; and
(2) in paragraph (3) of subsection (c), by inserting ``,
including informal education such as programs sponsored by
community-based organizations,'' after ``special projects''.
SEC. 102. STATE APPLICATION.
Subparagraph (H) of section 2008(b)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2988(b)(2)(H)) is amended by
inserting ``, sex and race or ethnicity'' after ``statistics on the
number''.
SEC. 103. FEDERAL ADMINISTRATION.
Subsection (c) of section 2011 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2991(c)) is amended by adding at the
end the following new sentence: ``Whenever feasible, such data shall be
collected, cross-tabulated, and reported by sex according to race or
ethnicity and socioeconomic status.''.
SEC. 104. NATIONAL PROGRAMS.
(a) National Clearinghouse.--Paragraph (4) of section 2012(d) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2992(d)(4)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) disseminate gender equity teacher training
models of proven effectiveness, and provide leadership
training for girls and young women.''.
(b) Model Programs.--Paragraph (3) of section 2012(e) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2992(e)(3))
is amended--
(1) in subparagraph (D), by striking ``and'' after the
semicolon;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) achieve gender equity both in access to a
computer-use program and in the teaching practices used
in such program.''.
SEC. 105. REGIONAL CONSORTIA USE OF FUNDS.
Section 2017 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 2994a) is amended--
(1) in paragraph (15), by striking ``and'' after the
semicolon;
(2) in paragraph (16), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(17) disseminate gender equity teacher training models of
proven effectiveness, and provide leadership training for girls
and young women.''.
SEC. 106. PROGRAMS FOR COMPUTER-BASED INSTRUCTION.
Subsection (b) of section 4604 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 3154(b)) is amended--
(1) in paragraph (2), by striking ``or'' after the
semicolon;
(2) by redesignating paragraph (3) as paragraph (5); and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) model programs to eliminate sex-role stereotyping and
gender bias in computer-based instruction;
``(4) evaluation of the degree of gender equity in the
computer education resources assisted under this section; or''.
TITLE II--ELIMINATION OF SEXUAL HARASSMENT AND ABUSE
SEC. 201. DEFINITIONS.
Subparagraph (C) of section 1471(7) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2891(7)(C)) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``effective school''; and
(B) by striking ``schools--'' and inserting
``schools:''; and
(2) in clause (iii), by inserting ``, including an
environment free from sexual harassment and abuse,'' after
``environment''.
SEC. 202. TARGETED USE OF FUNDS.
Subsection (b) of section 1531 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2942(b)) is amended--
(1) in paragraph (6), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) programs of training, technical assistance, and
education that are designed to eliminate sexual harassment and
abuse in schools; and''.
SEC. 203. EFFECTIVE SCHOOLS.
Paragraph (3) of section 1542 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2952(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``effective schools''; and
(2) in subparagraph (C), by inserting ``, including an
environment free from sexual harassment and abuse,'' after
``environment''.
SEC. 204. WOMEN'S EDUCATIONAL EQUITY.
Paragraph (1) of section 4002(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 3042(a)(1)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) the development and implementation of
programs that address sexual harassment and violence in
order to ensure that educational institutions are free
from threats to the safety and the well-being of
students and employees;''.
SEC. 205. PROGRAMS FOR THE IMPROVEMENT OF COMPREHENSIVE SCHOOL HEALTH
EDUCATION.
Subsection (b) of section 4605 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 3155(b)) is amended--
(1) by redesignating paragraphs (7), (8), (9), and (10) as
paragraphs (10), (11), (12), and (13), respectively; and
(2) by inserting after paragraph (6) the following new
paragraphs:
``(7) sexual harassment and assault;
``(8) depression and suicide;
``(9) eating disorders;''. | TABLE OF CONTENTS:
Title I: Gender Equity in Mathematics and Science
Education
Title II: Elimination of Sexual Harassment and Abuse
Fairness in Education for Girls and Boys Act of 1993 -
Title I: Gender Equity in Mathematics and Science Education
- Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise the Eisenhower Mathematics and Science Education program with respect to: (1) grants to higher education institutions for elementary and secondary mathematics and science programs of school teacher training in gender-equitable instruction, targeted intervention and followup to encourage historically underserved students, and community-based informal education for historically underserved and underrepresented students; (2) State application statistics on sex and race (or ethnicity) of students and teachers involved; (3) Federal model standards for reporting data by sex within race (or ethnicity) and socioeconomic status; and (4) model program grant priority for gender equity in computer use and teaching practices; and (5) national clearinghouse information dissemination; (6) regional consortia use of funds; and (7) programs for computer-based instruction.
Title II: Elimination of Sexual Harassment and Abuse
- Amends ESEA to make an environment free from sexual harassment and abuse a distinguishing feature of effective schools.
Adds to certain targeted uses of funds certain programs of training, technical assistance, and education designed to eliminate sexual harassment and abuse in schools.
Adds programs to address sexual harassment and violence as part of efforts to ensure that educational institutions are free from threats to student and employee safety (among programs which may receive Women's Educational Equity assistance).
Includes the areas of sexual harassment and assault, depression and suicide, and eating disorders among those for which grants for comprehensive school health education may be used. | {"src": "billsum_train", "title": "Fairness in Education for Girls and Boys Act of 1993"} | 2,027 | 380 | 0.600716 | 2.046074 | 0.694077 | 2.956772 | 5.334294 | 0.85879 |
SECTION 1. EFFICIENCY STANDARDS FOR BOTTLE-TYPE WATER DISPENSERS,
COMMERCIAL HOT FOOD HOLDING CABINETS, AND PORTABLE
ELECTRIC SPAS.
(a) Definitions.--Section 321 of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended by adding at the end the following:
``(67) Bottle-type water dispenser.--The term `bottle-type
water dispenser' means a drinking water dispenser that is--
``(A) designed for dispensing hot and cold water;
and
``(B) uses a removable bottle or container as the
source of potable water.
``(68) Commercial hot food holding cabinet.--
``(A) In general.--The term `commercial hot food
holding cabinet' means a heated, fully-enclosed
compartment that--
``(i) is designed to maintain the
temperature of hot food that has been cooked in
a separate appliance;
``(ii) has 1 or more solid or glass doors;
and
``(iii) has an interior volume of 8 cubic
feet or more.
``(B) Exclusions.--The term `commercial hot food
holding cabinet' does not include--
``(i) a heated glass merchandising cabinet;
``(ii) a drawer warmer; or
``(iii) a cook-and-hold appliance.
``(69) Compartment bottle-type water dispenser.--The term
`compartment bottle-type water dispenser' means a drinking
water dispenser that--
``(A) is designed for dispensing hot and cold
water;
``(B) uses a removable bottle or container as the
source of potable water; and
``(C) includes a refrigerated compartment with or
without provisions for making ice.
``(70) Portable electric spa.--
``(A) In general.--The term `portable electric spa'
means a factory-built electric spa or hot tub that--
``(i) is intended for the immersion of
persons in heated water circulated in a closed
system; and
``(ii) is not intended to be drained and
filled with each use.
``(B) Inclusions.--The term `portable electric spa'
includes--
``(i) a filter;
``(ii) a heater (including an electric,
solar, or gas heater);
``(iii) a pump;
``(iv) a control; and
``(v) other equipment, such as a light, a
blower, and water sanitizing equipment.
``(C) Exclusions.--The term `portable electric spa'
does not include--
``(i) a permanently installed spa that,
once installed, cannot be moved; or
``(ii) a spa that is specifically designed
and exclusively marketed for medical treatment
or physical therapy purposes.
``(71) Water dispenser.--The term `water dispenser' means a
factory-made assembly that--
``(A) mechanically cools and heats potable water;
and
``(B) dispenses the cooled or heated water by
integral or remote means.''.
(b) Coverage.--Section 322(a) of the Energy Policy and Conservation
Act (42 U.S.C. 6292(a)) is amended--
(1) by redesignating paragraph (20) as paragraph (23); and
(2) by inserting after paragraph (19) the following:
``(20) Bottle-type water dispensers and compartment bottle-
type water dispensers.
``(21) Commercial hot food holding cabinets.
``(22) Portable electric spas.''.
(c) Test Procedures.--Section 323(b) of the Energy Policy and
Conservation Act (42 U.S.C. 6293(b)) is amended by adding at the end
the following:
``(19) Bottle-type water dispensers.--
``(A) In general.--Test procedures for bottle-type
water dispensers and compartment bottle-type water
dispensers shall be based on the document `Energy Star
Program Requirements for Bottled Water Coolers version
1.1' published by the Environmental Protection Agency.
``(B) Integral, automatic timers.--A unit with an
integral, automatic timer shall not be tested under
this paragraph using section 4D of the test criteria
(relating to Timer Usage).
``(20) Commercial hot food holding cabinets.--
``(A) In general.--Test procedures for commercial
hot food holding cabinets shall be based on the test
procedures described in ANSI/ASTM F2140-01 (Test for
idle energy rate-dry test).
``(B) Interior volume.--Interior volume shall be
based under this paragraph on the method demonstrated
in the document `Energy Star Program Requirements for
Commercial Hot Food Holding Cabinets' of the
Environmental Protection Agency, as in effect on August
15, 2003.
``(21) Portable electric spas.--
``(A) In general.--Test procedures for portable
electric spas shall be based on the test method for
portable electric spas described in section 1604 of
title 20, California Code of Regulations, as amended on
December 3, 2008.
``(B) Normalized consumption.--Consumption shall be
normalized under this paragraph for a water temperature
difference of 37 degrees Fahrenheit.
``(C) ANSI test procedure.--If the American
National Standards Institute publishes a test procedure
for portable electric spas, the Secretary shall revise
the procedure established under this paragraph, as
determined appropriate by the Secretary.''.
(d) Standards.--Section 325 of the Energy Policy and Conservation
Act (42 U.S.C. 6295) is amended--
(1) by redesignating subsection (ii) as subsection (mm);
and
(2) by inserting after subsection (hh) the following:
``(ii) Bottle-Type Water Dispensers.--Effective beginning January
1, 2012--
``(1) a bottle-type water dispenser shall not have standby
energy consumption that is greater than 1.2 kilowatt-hours per
day; and
``(2) a compartment bottle-type water dispenser shall not
have standby energy consumption that is greater than 1.3
kilowatt-hours per day.
``(jj) Commercial Hot Food Holding Cabinets.--Effective beginning
January 1, 2012, a commercial hot food holding cabinet shall have a
maximum idle energy rate of 40 watts per cubic foot of interior volume.
``(kk) Portable Electric Spas.--Effective beginning January 1,
2012, a portable electric spa shall not have a normalized standby power
rate of greater than 5 (V\2/3\) Watts (in which `V' equals the fill
volume (in gallons)).
``(ll) Revisions.--
``(1) In general.--Not later than January 1, 2013, the
Secretary shall--
``(A) consider in accordance with subsection (o)
revisions to the standards established under
subsections (ii), (jj), and (kk); and
``(B)(i) publish a final rule establishing the
revised standards; or
``(ii) make a finding that no revisions are
technically feasible and economically justified.
``(2) Effective date.--Any revised standards under this
subsection take effect on January 1, 2016.''.
(e) Preemption.--Section 327 of the Energy Policy and Conservation
Act (42 U.S.C. 6297) is amended--
(1) in subsection (b)--
(A) in paragraph (6), by striking ``or'' after the
semicolon at the end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(8) is a regulation that--
``(A) establishes efficiency standards for bottle-
type water dispensers, compartment bottle-type water
dispensers, commercial hot food holding cabinets, or
portable electric spas; and
``(B) is in effect on or before the date of
enactment of this paragraph.''; and
(2) in subsection (c)--
(A) in paragraph (8)(B), by striking ``and'' after
the semicolon at the end;
(B) in paragraph (9)--
(i) by striking ``except that--'' and all
that follows through ``if the Secretary'' and
inserting ``except that if the Secretary'';
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
indenting appropriately; and
(iii) in subparagraph (B) (as so
redesignated), by striking the period at the
end and inserting ``and''; and
(C) by adding at the end the following:
``(10) is a regulation that--
``(A) establishes efficiency standards for bottle-
type water dispensers, compartment bottle-type water
dispensers, commercial hot food holding cabinets, or
portable electric spas; and
``(B) is adopted by the California Energy
Commission on or before January 1, 2013.''. | Amends the Energy Policy and Conservation Act to include bottle-type water dispensers and compartment bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas as "covered products" under the Energy Conservation Program for Consumer Products Other than Automobiles.
Sets forth requirements concerning: (1) test procedures for such dispensers, cabinets, and spas; (2) standby energy consumption standards for dispensers; (3) idle energy rate standards for cabinets; and (4) normalized standby power rates standards for spas.
Excludes from the general rule of preemption for energy conservation standards before federal standards become effective for products a state regulation that establishes efficiency standards for such dispensers, cabinets, and spas. Excludes from the general rule of preemption when federal standards become effective for products a regulation that establishes standards for such products and is adopted by the California Energy Commission by January 1, 2013. | {"src": "billsum_train", "title": "A bill to amend the Energy Policy and Conservation Act to establish efficiency standards for bottle-type water dispensers, commercial hot food holding cabinets, and portable electric spas."} | 2,157 | 191 | 0.606386 | 1.917776 | 0.732729 | 2.424419 | 10.802326 | 0.80814 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assessing Progress in Haiti Act of
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 12, 2010, a massive earthquake struck near
the Haitian capital city of Port-au-Prince, leaving an
estimated 220,000 people dead, including 103 United States
citizens, 101 United Nations personnel, and nearly 18 percent
of the nation's civil service, as well as 300,000 injured,
115,000 homes destroyed, and 1,500,000 people displaced.
(2) According to the Post Disaster Needs Assessment
conducted by the Government of Haiti, with technical assistance
from the United Nations, the World Bank, the Inter-American
Development Bank, the Economic Commission for Latin America and
the Caribbean, and the European Commission, an estimated 15
percent of the population were directly affected by the
disaster and related damages and economic losses totaled
$7,804,000,000.
(3) Even before the earthquake, Haiti had some of the
lowest socioeconomic indicators and the second highest rate of
income disparity in the world, conditions that have further
complicated post-earthquake recovery efforts and, according to
the World Bank, have significantly reduced the prospects of
economic growth spurring broader poverty reduction.
(4) According to the World Food Program, more than
6,700,000 people in Haiti (out of a population of about
10,000,000) are considered food insecure nationally.
(5) In October 2010, an unprecedented outbreak of cholera
in Haiti resulted in over half a million reported cases and
over 8,000 deaths to date, further straining the capacity of
Haiti's public health sector and increasing the urgency of
resettlement and water, sanitation, and hygiene (WASH) efforts.
(6) The international community, led by the United States
and the United Nations, mounted an unprecedented humanitarian
response in Haiti, with donors pledging approximately
$10,400,000,000 for humanitarian relief and recovery efforts,
including debt relief, supplemented by $3,100,000,000 in
private charitable contributions, of which approximately
$6,400,000,000 has been disbursed and an additional
$3,800,000,000 has been committed as of September 30, 2013.
(7) The emergency response of the men and women of the
United States Government, led by the United States Agency for
International Development (USAID) and the United States
Southern Command, as well as of cities, towns, individuals,
businesses, and philanthropic organizations across the United
States, was particularly swift and resolute.
(8) Since 2010, a total of $1,300,000,000 in United States
assistance has been allocated for humanitarian relief and
$2,300,000,000 has been allocated for recovery, reconstruction,
and development assistance in Haiti, including $1,140,000,000
in emergency appropriations and $95,000,000 that has been
obligated specifically to respond to the cholera epidemic.
(9) Of the $3,600,000,000 in United States assistance
allocated for Haiti, $651,000,000 was apportioned to the USAID
to support an ambitious recovery plan, including the
construction of a power plant to provide electricity for the
new Caracol Industrial Park (CIP) in northern Haiti, a new port
near the CIP, and permanent housing in new settlements in the
Port-au-Prince, St-Marc, and Cap-Haitien areas.
(10) On October 9, 2013, the Committee on Foreign Affairs
of the House of Representatives held an oversight hearing on
the status and effectiveness of post-earthquake United States
aid to Haiti, following a House of Representatives-mandated,
year-long Government Accountability Office (GAO) report that
was highly critical of some aspects of USAID's recovery effort.
(11) According to GAO, as of June 30, 2013, USAID had
disbursed just 31 percent of its reconstruction funds in Haiti,
the port project was 2 years behind schedule and over budget by
an estimated $189,000,000, the housing project has been reduced
by 80 percent, and the sustainability of the power plant, the
port, and the housing projects were all at risk.
(12) GAO further found that Congress has not been provided
with sufficient information to ensure that it is able to
conduct effective oversight at a time when most funding remains
to be disbursed, and specifically recommends that a periodic
reporting mechanism be instituted to fill this information gap.
(13) Donors have encountered significant challenges in
implementing recovery programs and nearly 4 years after the
earthquake an estimated 171,974 people remain displaced in
camps, unemployment remains high, corruption is rampant, land
rights remain elusive, allegations of wage violations are
widespread, the business climate is unfavorable, and government
capacity remains weak.
(14) For Haiti to achieve stability and long term economic
growth, donor assistance will have to be carefully coordinated
with a commitment by the Haitian Government to transparency, a
market economy, rule of law, and democracy.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support the sustainable
rebuilding and development of Haiti in a manner that--
(1) promotes efforts that are led by and support the
Haitian people and the Haitian Government at all levels so that
Haitians lead the course of reconstruction and development of
Haiti;
(2) builds the long term capacity of the Government of
Haiti and Haitian civil society;
(3) reflects the priorities and particular needs of both
women and men so they may participate equally and to their
maximum capacity;
(4) respects and helps restore Haiti's natural resources,
as well as builds community-level resilience to environmental
and weather-related impacts;
(5) provides timely and comprehensive reporting on goals
and progress, as well as transparent post program evaluations
and contracting data;
(6) prioritizes the local procurement of goods and services
in Haiti where appropriate; and
(7) promotes the holding of free, fair, and timely
elections in accordance with democratic principles and the
Haitian Constitution.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that transparency, accountability,
democracy, and good governance are integral factors in any
congressional decision regarding United States assistance, including
assistance to Haiti.
SEC. 5. REPORT.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act and every 180 days thereafter through September
30, 2016, the Secretary of State shall submit to Congress a report on
the status of post-earthquake recovery and development efforts in
Haiti.
(b) Contents.--The report required by subsection (a) shall
include--
(1) a summary of the Haiti Rebuilding and Development
Strategy, including any significant changes to the strategy
over the reporting period and an explanation thereof;
(2) a breakdown of the work that the United States
Government agencies other than USAID and the Department of
State are conducting in the Haiti recovery effort, and the cost
of that assistance;
(3) an assessment of the progress of United States efforts
to advance the objectives of the Haiti Rebuilding and
Development Strategy through the ``Post-Earthquake USG Haiti
Strategy: Toward Renewal and Economic Opportunity'' produced by
the Department of State, compared to what remains to be
achieved to meet specific goals, including--
(A) a description of any significant changes to the
Strategy over the reporting period and an explanation
thereof;
(B) an assessment of progress, or lack thereof,
over the reporting period toward meeting the goals and
objectives, benchmarks, and timeframes specified in the
Strategy, including--
(i) a description of progress toward
designing and implementing a coordinated and
sustainable housing reconstruction strategy
that addresses land ownership, secure land
tenure, water and sanitation, and the unique
concerns of vulnerable populations such as
women and children, as well as neighborhood and
community revitalization, housing finance, and
capacity building for the Government of Haiti
to implement an effective housing policy;
(ii) a description of efforts to construct
and sustain the proposed port, as well as an
assessment of the current projected timeline
and cost for completion; and
(iii) a description of efforts to attract
and leverage the investments of private sector
partners to the CIP, including by addressing
any policy impediments;
(C) a description of the quantitative and
qualitative indicators used to evaluate the progress
toward meeting the goals and objectives, benchmarks,
and timeframes specified in Strategy at the project
level;
(D) the amounts committed, obligated, and expended
on programs and activities to implement the Strategy,
by sector and by implementing partner at the prime and
subprime levels (in amounts of not less than $25,000);
and
(E) a description of the risk mitigation measures
put in place to limit the exposure of United States
assistance provided under the Strategy to waste, fraud,
and abuse;
(4) a description of measures taken to strengthen, and an
assessment of, Haitian governmental and non-governmental
organizational capacity to undertake and sustain United States-
supported recovery programs;
(5) a description of United States efforts to consult and
engage with Haitian Government ministries and local authorities
on the establishment of goals and timeframes, and on the design
and implementation of new programs under the Post-Earthquake
USG Haiti Strategy: Toward Renewal and Economic Opportunity;
(6) a description of efforts to consult and engage with
Haitian civil society and grassroots organizations on the
establishment of goals and timeframes, and on the design and
implementation of new programs under the Post-Earthquake USG
Haiti Strategy: Toward Renewal and Economic Opportunity, as
well as efforts to coordinate with and engage the Haitian
diaspora;
(7) consistent with the Government of Haiti's ratification
of the United Nations Convention Against Corruption, a
description of United States and Haitian Government efforts to
strengthen Haitian Government institutions established to
address corruption, as well as related efforts to promote
public accountability, meet public outreach and disclosure
obligations, and support civil society participation in anti-
corruption efforts;
(8) a description of efforts to leverage public-private
partnerships and increase the involvement of the Haitian
private sector in recovery and development activities and
coordinate programs with the private sector and other donors;
(9) a description and assessment of efforts to address the
particular needs of vulnerable populations, including
internally displaced persons, women, children, orphans, and
persons with disabilities, in the design and implementation of
new programs and infrastructure;
(10) an description of the impact that agriculture and
infrastructure programs are having on the food security,
livelihoods, and land tenure security of smallholder farmers,
particularly women;
(11) a description of mechanisms for communicating the
progress of recovery and development efforts to the Haitian
people, including a description of efforts to provide
documentation, reporting and procurement information in Haitian
Creole; and
(12) a description of the steps Haiti is taking to
strengthen its capacity to receive individuals who are removed,
excluded, or deported from the United States.
Passed the House of Representatives December 12, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Assessing Progress in Haiti Act of 2013 - Expresses the sense of Congress that transparency, accountability, democracy, and good governance are integral factors in any congressional decision regarding U.S. assistance, including assistance to Haiti. Directs the Secretary of State to report to Congress within 120 days, and every 180 days thereafter through September 30, 2016, on the status of post-earthquake recovery and development efforts in Haiti. Requires inclusion in such report: (1) a summary of the Haiti rebuilding and development strategy; (2) a breakdown of the work (and costs) that U.S. government agencies, other than the U.S. Agency for International Development (USAID) and the Department of State, are conducting in the recovery effort; (3) a description of measures taken to strengthen Haitian governmental and non-governmental organizational capacity to undertake U.S.-supported recovery programs; (4) a description of U.S. efforts to engage with Haitian government ministries, local authorities, civil society, and the Haitian diaspora; (5) a description of efforts to increase the involvement of the Haitian private sector in recovery and development activities; (6) an assessment of efforts to address the needs of vulnerable populations; and (7) a description of the steps Haiti is taking to strengthen its capacity to receive individuals who are removed, excluded, or deported from the United States. | {"src": "billsum_train", "title": "Assessing Progress in Haiti Act of 2013"} | 2,302 | 290 | 0.500916 | 1.651195 | 0.712659 | 5.457031 | 8.882813 | 0.957031 |
SECTION 1. FINDINGS.
Congress finds that--
(1) while blends of up to 10 percent ethanol are currently
required in the American motor fuels market as the result of
renewable fuels mandates and incentives for ethanol production
and use, significant environmental and energy research,
development, and demonstration is needed on the effects of
higher percentage ethanol blends before permitting widespread
use in the United States;
(2) government and industry testing suggests significant
negative environmental, safety, durability, health, and
performance effects for onroad and nonroad vehicles and
infrastructure resulting from use of mid-level ethanol blends
containing up to 15 percent ethanol; and
(3) the decision by the Environmental Protection Agency to
allow the use of mid-level ethanol blends in model year 2001
and newer motor vehicles--
(A) failed to consider the full spectrum of
available government and industry scientific and
technical research on such effects; and
(B) relied on the results of a single study thereby
violating the Environmental Protection Agency's
scientific integrity principles.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Mid-level ethanol blend.--The term ``mid-level ethanol
blend'' means an ethanol-gasoline blend containing 15 or 20
percent ethanol by volume that is intended to be used in any
conventional gasoline-powered motor vehicle or nonroad vehicle
or engine.
SEC. 3. EVALUATION.
(a) In General.--Prior to the implementation of any waiver, partial
waiver, or decision pursuant to current law and not later than 45 days
after enactment of this Act, the Administrator, acting through the
Assistant Administrator of the Office of Research and Development at
the Environmental Protection Agency, shall enter into an agreement with
the National Academies to provide a comprehensive assessment of the
scientific and technical research on the implications of the use of
mid-level ethanol blends. This assessment should compare mid-level
ethanol blends to gasoline blends containing 10 and zero percent
ethanol.
(b) Contents.--The assessment performed under subsection (a)
shall--
(1) evaluate the short-term and long-term environmental,
safety, durability, and performance effects of the introduction
of mid-level ethanol blends on onroad, nonroad and marine
engines, onroad and nonroad vehicles, and related equipment.
Such evaluation shall include a review of all available
scientific evidence, including all relevant government and
industry data and testing, including that relied upon by the
Administrator and published at 75 Fed. Reg. 68094 (November 4,
2010) and 76 Fed. Reg. 4662 (January 26, 2011), gaps in
understanding, and research needs related to--
(A) tailpipe emissions;
(B) evaporative emissions;
(C) engine and fuel system durability;
(D) on-board diagnostics;
(E) emissions inventory and other modeling effects;
(F) materials compatibility;
(G) operability and drivability;
(H) fuel efficiency;
(I) catalyst durability; and
(J) durability of storage tanks, piping and
dispensers for retail; and
(2) identify research and development, including testing,
necessary to permit existing motor fuels (distribution and
supply) infrastructure to handle mid-level ethanol blends while
preventing or mitigating against adverse impacts such as
corrosion of metal, plastic, rubber, or any other materials
used in pipes or storage tanks, ensuring fuel fungiblity, and
protecting against intentional and unintentional misfueling by
users at various points in the distribution and supply chain,
including--
(A) bulk storage;
(B) retail storage and distribution configurations;
and
(C) standardization of a label consistent with
applicable technical standards and recommendations of
the National Institute of Standards and Technology, the
American National Standards Institute, and the
International Organization for Standardization.
(c) Report.--Not later than 18 months after the enactment of this
Act, the National Academies shall submit to the Committee on Science,
Space, and Technology a report on the results of such assessment,
including necessary research and development.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
In order to carry out this Act, the Administrator shall utilize up
to $900,000 from the funds made available for research and development
under Public Law 96-569. | Requires the Assistant Administrator of the Office of Research and Development at the Environmental Protection Agency (EPA), prior to the implementation of any waiver, partial waiver, or decision pursuant to current law and no later than 45 days after this Act's enactment, to enter into an agreement with the National Academies to provide a comprehensive assessment of research on the implications of the use of mid-level ethanol blends (defined as an ethanol-gasoline blend containing 15% or 20% ethanol by volume that is intended to be used in any conventional gasoline-powered motor vehicle or nonroad vehicle or engine). Recommends that the assessment compare mid-level ethanol blends to gasoline blends containing 10% and 0% ethanol.
Requires such assessment to: (1) evaluate the environmental, safety, durability, and performance effects of the introduction of mid-level blends on onroad, nonroad, and marine engines, onroad and nonroad vehicles, and related equipment; and (2) identify research and development necessary to permit existing motor fuels infrastructure to handle mid-level ethanol blends while preventing or mitigating against adverse impacts such as corrosion of materials used in pipes or storage tanks, ensuring fuel fungiblity, and protecting against misfueling by users at various points in the distribution and supply chain. | {"src": "billsum_train", "title": "To provide a comprehensive assessment of the scientific and technical research on the implications of the use of mid-level ethanol blends, and for other purposes."} | 947 | 283 | 0.76917 | 2.467756 | 0.84227 | 6.440329 | 3.687243 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nanotechnology Education Act''.
SEC. 2. NANOTECHNOLOGY IN SCHOOLS.
(a) Findings.--The Congress makes the following findings:
(1) The rapidly growing field of nanotechnology is
generating scientific and technological breakthroughs that will
benefit society by improving the way many things are designed
and made.
(2) Nanotechnology is likely to have a significant,
positive impact on the security, economic well-being, and
health of Americans as fields related to nanotechnology expand.
(3) In order to maximize the benefits of nanotechnology to
individuals in the United States, the United States must
maintain world leadership in the field, including nanoscience
and microtechnology, in the face of determined competition from
other nations.
(4) According to the National Science Foundation, foreign
students on temporary visas earned 33 percent of all science
and engineering doctorates awarded in the United States in
2007, the last year for which data are available. Foreign
students earned 63 percent of the engineering doctorates.
(5) To maintain world leadership in nanotechnology, the
United States must make a long-term investment in educating
United States students in secondary schools and institutions of
higher education, so that the students are able to conduct
nanoscience research and develop and commercialize
nanotechnology applications.
(6) Preparing United States students for careers in
nanotechnology, including nanoscience, requires that the
students have access to the necessary scientific tools,
including scanning electron microscopes designed for teaching,
and requires training to enable teachers and professors to use
those tools in the classroom and the laboratory.
(b) Purpose.--The purpose of this section is to strengthen the
capacity of United States secondary schools and institutions of higher
education to prepare students for careers in nanotechnology by
providing grants to those schools and institutions to provide the tools
necessary for such preparation.
(c) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Eligible institution.--The term ``eligible
institution'' means an institution that is--
(A) a public, private, parochial, or charter
secondary school that offers 1 or more advanced
placement science courses or international
baccalaureate science courses;
(B) a community college, as defined in section 3301
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7011);
(C) a 4-year institution of higher education or a
branch, within the meaning of section 498(j) of the
Higher Education Act of 1965 (20 U.S.C. 1099c(j)), of
such an institution; or
(D) a informal learning science and technology
center.
(3) Qualified nanotechnology equipment.--The term
``qualified nanotechnology equipment'' means equipment,
instrumentation, or hardware that is--
(A) used for teaching nanotechnology in the
classroom; and
(B) manufactured in the United States at least 50
percent from articles, materials, or supplies that are
mined, produced, or manufactured, as the case may be,
in the United States.
(d) Program Authorized.--
(1) Program authorized.--The Director shall establish a
nanotechnology in the schools program to strengthen the
capacity of eligible institutions to provide instruction in
nanotechnology. In carrying out the program, the Director shall
award grants of not more than $400,000 to eligible institutions
to provide such instruction.
(2) Activities supported.--
(A) In general.--An eligible institution shall use
a grant awarded under this section--
(i) to acquire qualified nanotechnology
equipment and software designed for teaching
students about nanotechnology in the classroom;
(ii) to develop and provide educational
services, including carrying out faculty
development, to prepare students or faculty
seeking a degree or certificate that is
approved by the State, or a regional
accrediting body recognized by the Secretary of
Education; and
(iii) to provide teacher education and
certification to individuals who seek to
acquire or enhance technology skills in order
to use nanotechnology in the classroom or
instructional process.
(B) Limitations.--
(i) Uses.--Not more than \1/4\ of the
amount of the funds made available through a
grant awarded under this section may be used
for software, educational services, or teacher
education and certification as described in
this paragraph.
(ii) Programs.--In the case of a grant
awarded under this section to an institution of
higher education, equipment purchased using
funds made available through the grant shall be
used primarily by undergraduate programs.
(3) Applications and selection.--
(A) In general.--To be eligible to receive a grant
under this section, an eligible institution shall
submit an application to the Director at such time, in
such manner, and accompanied by such information as the
Director may reasonably require.
(B) Procedure.--Not later than 180 days after the
date of enactment of this Act, the Director shall
establish a procedure for accepting such applications
and publish an announcement of such procedure,
including a statement regarding the availability of
funds, in the Federal Register.
(C) Selection.--In selecting eligible institutions
to receive grants under this section, and encouraging
eligible institutions to apply for such grants, the
Director shall, to the greatest extent practicable--
(i) select eligible entities in
geographically diverse locations;
(ii) encourage the application of
historically Black colleges and universities
(meaning part B institutions, as defined in
section 322 of the Higher Education Act of 1965
(20 U.S.C. 1061)) and minority institutions (as
defined in section 365 of such Act (20 U.S.C.
1067k)); and
(iii) select eligible institutions that
include institutions located in States
participating in the Experimental Program to
Stimulate Competitive Research (commonly known
as ``EPSCoR'').
(4) Matching requirement and limitation.--
(A) In general.--
(i) Requirement.--The Director may not
award a grant to an eligible institution under
this section unless such institution agrees
that, with respect to the costs to be incurred
by the institution in carrying out the program
for which the grant was awarded, such
institution will make available (directly or
through donations from public or private
entities) non-Federal contributions in an
amount equal to \1/4\ of the amount of the
grant.
(ii) Waiver.--The Director shall waive the
matching requirement described in clause (i)
for any institution with no endowment, or an
endowment that has a dollar value lower than
$5,000,000, as of the date of the waiver.
(B) Limitation.--
(i) Branches.--If a branch described in
subsection (c)(1)(C) receives a grant under
this section that exceeds $100,000, that branch
shall not be eligible, until 2 years after the
date of receipt of the grant, to receive
another grant under this section.
(ii) Other eligible institutions.--If an
eligible institution other than a branch
referred to in clause (i) receives a grant
under this section that exceeds $100,000, that
institution shall not be eligible, until 2
years after the date of receipt of the grant,
to receive another grant under this section.
(5) Annual report and evaluation.--
(A) Report by institutions.--Each institution that
receives a grant under this section shall prepare and
submit a report to the Director, not later than 1 year
after the date of receipt of the grant, on its use of
the grant funds.
(B) Review and evaluation.--
(i) Review.--The Director shall annually
review the reports submitted under subparagraph
(A).
(ii) Evaluation.--At the end of every third
year, the Director shall evaluate the program
authorized by this section on the basis of
those reports. The Director, in the evaluation,
shall describe the activities carried out by
the institutions receiving grants under this
section and shall assess the short-range and
long-range impact of the activities carried out
under the grants on the students, faculty, and
staff of the institutions.
(C) Report to congress.--Not later than 6 months
after conducting an evaluation under subparagraph
(B)(ii), the Director shall prepare and submit a report
to Congress based on the evaluation. In the report, the
Director shall include such recommendations, including
recommendations concerning the continuing need for
Federal support of the program carried out under this
section, as may be appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Director to carry out this section $40,000,000 for
fiscal year 2011, and such sums as may be necessary for fiscal years
2012 through 2014. | Nanotechnology Education Act - Requires the Director of the National Science Foundation (NSF) to establish a nanotechnology in the schools program awarding matching grants to certain eligible institutions for the purchase of nanotechnology equipment and software and the provision of nanotechnology education to students and teachers.
Lists as eligible grantees: (1) public, private, parochial, and charter secondary schools that offer advanced or international baccalaureate science courses; (2) community colleges; (3) four-year institutions of higher education; and (4) informal learning science and technology centers. | {"src": "billsum_train", "title": "To strengthen the capacity of eligible institutions to provide instruction in nanotechnology."} | 1,880 | 121 | 0.615146 | 1.65755 | 0.607064 | 2.542857 | 16.828571 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Protection Act of
1993''.
SEC. 2. PROTECTION FROM INTERFERENCE WITH RIGHTS.
Section 510 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1140) is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 510.'';
and
(2) by adding at the end the following new subsection:
``(b) Discrimination Based on Benefit Claims Under Group Health
Plans.--
``(1) In general.--It shall be unlawful discrimination for
purposes of subsection (a) to take any action to cancel or
reduce a benefit of a participant or beneficiary under a group
health plan (by plan amendment or plan termination, change in
insured status of the plan, change of insurer under the plan,
or any other means), if--
``(A) such action is specifically related to one or
more particular diseases or medical conditions,
``(B) such participant or beneficiary is
undergoing, at the time such action is taken, a course
of treatment related to any such disease or medical
condition, and
``(C) a valid claim under the plan reasonably
related to such course of treatment has been submitted
to the plan by or on behalf of such participant or
beneficiary prior to the taking of such action.
``(2) Special rule related to plan terminations.--Paragraph
(1) shall not apply to any cancellation or reduction of a
benefit by termination of a group health plan unless the
employer replaces the plan.
``(3) Definitions.--For purposes of this subsection--
``(A) Group health plan.--The term `group health
plan' has the meaning provided in section 607(1).
``(B) Change in insured status.--The term `change
in insured status' of a plan means a change to self-
insured status or a change in the extent to which
benefits provided under the plan are provided under a
contract or policy of insurance issued by an insurer
under the plan.
``(C) Insurer.--The term `insurer' under a plan
means a person licensed by a State to engage in the
business of insurance who provides benefits under the
plan under a contract or policy of insurance issued by
such person.
``(D) Valid claim.--The term `valid claim' under a
group health plan means a claim which, at the time of
its submission by or on behalf of a participant or
beneficiary, would have entitled the participant or
beneficiary to benefits under the plan.''.
SEC. 3. NONDISCRIMINATION IN LIFETIME BENEFIT COVERAGE UNDER A GROUP
HEALTH PLAN.
(a) In General.--Part 5 of title I of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by
adding at the end the following new section:
``nondiscrimination in lifetime benefit coverage under a group health
plan
``Sec. 516. (a) In General.--
``(1) Unlawful discrimination.--It shall be unlawful for a
group health plan to discriminate among diseases or medical
conditions with respect to levels of lifetime benefit coverage
provided to similarly situated participants and beneficiaries
under the plan.
``(2) Definition.--For purposes of this section, the term
`lifetime benefit coverage' provided to any participant or
beneficiary under a plan means the maximum benefit available
under the plan in the aggregate to such participant or
beneficiary.
``(b) Limitation.--Subsection (a) shall not apply with respect to
participants and their beneficiaries under a group health plan if the
requirements of paragraph (1) or (2) are met as follows:
``(1) Collective bargaining.--The requirements of this
paragraph are met if--
``(A) the participants consist of employees covered
by a collective bargaining agreement between employee
representatives and one or more employers,
``(B) there is evidence that benefits provided
under the group health plan established or maintained
pursuant to such collective bargaining agreement were
the subject of good faith bargaining between such
employee representatives and such employer or
employers, and
``(C) the discrimination consists of a lack of
uniformity based solely on--
``(i) variations in the required terms of
the collective bargaining agreement as applied
to separate geographically located facilities
of the same employer, or
``(ii) different levels of contributions to
such plan negotiated between such employee
representatives and more than 1 employer, as
set forth in applicable collective bargaining
agreements.
``(2) Exemption procedure.--The requirements of this
paragraph are met if the sponsor of such group health plan
demonstrates to the Secretary by a preponderance of the
evidence that such sponsor will be unable to continue such plan
unless granted relief from the applicable requirements of
subsection (a), pursuant to an exemption procedure which--
``(A) shall be established by the Secretary by
regulation for purposes of this subsection, and
``(B) shall be subject to standards and procedures
similar to those applicable under section 408(a) with
respect to exemptions granted under such section.''.
(b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 514 the
following new items:
``Sec. 515. Delinquent contributions.
``Sec. 516. Nondiscrimination in lifetime benefit coverage under a
group health plan.''.
SEC. 4. REPORTING AND DISCLOSURE REQUIREMENTS.
(a) Notice of Modifications and Changes.--Section 104(b)(1) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(1))
is amended by adding at the end the following: ``In the case of a group
health plan (as defined in section 607(1)), the adoption of any
material coverage restriction which constitutes a modification
described in section 102(a)(1) or which is represented by any change in
the information required under section 102(b), may not take effect
until 60 days after such a summary description of such modification or
change is furnished to each participant and to each spouse of a
participant who is a beneficiary under the plan in language calculated
to be easily understood by the typical participant or beneficiary. For
purposes of the preceding sentence, the term `material coverage
restriction' means any change in the terms of a group health plan that
results in elimination of, or increased restrictions on, any form of
benefit coverage which was provided by the plan prior to the change,
including the establishment of, or increases in the amount of,
deductibles or coinsurance payments required of participants and
beneficiaries under the plan, except that the Secretary may by
regulation exclude from such term any such change of a type which the
Secretary finds to be de minimis.''.
(b) Special Requirements for Self-Insured Plans.--Section 102(b) of
such Act (29 U.S.C. 1022(b)) is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In the case of a self-insured group health plan, in
addition to the information required under paragraph (1), the plan
description and summary plan description shall contain a statement--
``(i) indicating that the plan is a self-insured group
health plan and is not a policy of insurance,
``(ii) identifying the person who is responsible for claim
determinations and processing, and
``(iii) indicating that the plan is not subject to State
guarantee fund protection and that, if the plan does not pay
all benefits for which participants or beneficiaries are
eligible under the plan, responsibility for payment for medical
care may to some extent remain with the participant or
beneficiary.
``(B) For purposes of this paragraph--
``(i) the term `group health plan' has the meaning provided
in section 607(1); and
``(ii) a group health plan is `self-insured' unless all
benefits provided under the plan are provided under a contract
or policy of insurance issued by a person licensed by a State
to engage in the business of insurance.''.
SEC. 5. LEGAL RELIEF FROM DAMAGES FOR INTERFERENCE WITH RIGHTS UNDER
PLAN.
(a) Damages.--Section 502(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132(c)) is amended by adding at the
end the following new paragraph:
``(4)(A) Any person who violates section 510 or 516 with respect to
any participant or beneficiary under a group health plan shall be
liable to such participant or beneficiary for actual and consequential
damages. Subject to subparagraph (B), damages for such violation shall
not include punitive damages.
``(B) In any case in which the violation constitutes willful,
fraudulent, or malicious conduct, bad faith, or gross negligence, each
person liable under subparagraph (A) may, in the court's discretion, be
liable to such participant or beneficiary for punitive damages in an
amount up to 200 percent of the amount of actual damages awarded, but
not less than $50,000. Any such punitive damages shall be in addition
to any actual damages under subparagraph (A).
``(C) For purposes of this paragraph, the term `group health plan'
has the meaning provided in section 607(1).''.
(b) Attorney's Fees.--Section 502(g) of such Act (29 U.S.C.
1132(g)) is amended by adding at the end the following new paragraph:
``(3) In any action for damages under subsection (c)(4) in which
the plaintiff prevails or substantially prevails, the court shall award
the plaintiff reasonable attorney's fees and other costs of the action,
including reasonable expert witness fees and costs, to be paid by the
defendant. Fees awarded under this paragraph shall be at generally
prevailing hourly rates.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to changes
in group health plan coverage adopted on or after the date of the
enactment of this Act. | Health Insurance Protection Act of 1993 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that certain retroactive cancellations or reductions of benefits under group health plans constitute discrimination which interferes with rights protected under ERISA.
Prohibits any group health plan from discriminating among diseases or medical conditions with respect to levels of lifetime benefit coverage provided to similarly situated participants and beneficiaries under the plan, with specified limitations relating to collective bargaining or special exemption procedures.
Delays the adoption of any material change in a group health plan until 60 days after notification of each participant and spouse beneficiary. Sets forth special requirements for such notices from self-insured group health plans.
Revises civil enforcement provisions to make any person who violates prohibitions against interference with rights of any participant or beneficiary under a group health plan liable to such participant or beneficiary for actual and consequential damages. Precludes punitive damages, except in certain circumstances. Provides for award of attorney's fees and other legal costs to plaintiffs who prevail or substantially prevail. | {"src": "billsum_train", "title": "Health Insurance Protection Act of 1993"} | 2,325 | 227 | 0.558505 | 1.55343 | 0.852471 | 3.4 | 10.738462 | 0.815385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native and American Indian
Direct Reimbursement Act of 1998''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1988, Congress enacted section 405 of the Indian
Health Care Improvement Act (25 U.S.C. 1645) that established a
demonstration program to authorize 4 tribally-operated Indian
Health Service hospitals or clinics to test methods for direct
billing and receipt of payment for health services provided to
patients eligible for reimbursement under the medicare or
medicaid programs under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), and other
third-party payors.
(2) The 4 participants selected by the Indian Health
Service for the demonstration program began the direct billing
and collection program in fiscal year 1989 and unanimously
expressed success and satisfaction with the program. Benefits
of the program include dramatically increased collections for
services provided under the medicare and medicaid programs, a
significant reduction in the turn-around time between billing
and receipt of payments for services provided to eligible
patients, and increased efficiency of participants being able
to track their own billings and collections.
(3) The success of the demonstration program confirms that
the direct involvement of tribes and tribal organizations in
the direct billing of, and collection of payments from, the
medicare and medicaid programs, and other third payor
reimbursements, is more beneficial to Indian tribes than the
current system of Indian Health Service-managed collections.
(4) Allowing tribes and tribal organizations to directly
manage their medicare and medicaid billings and collections,
rather than channeling all activities through the Indian Health
Service, will enable the Indian Health Service to reduce its
administrative costs, is consistent with the provisions of the
Indian Self-Determination Act, and furthers the commitment of
the Secretary to enable tribes and tribal organizations to
manage and operate their health care programs.
(5) The demonstration program was originally to expire on
September 30, 1996, but was extended by Congress to September
30, 1998, so that the current participants would not experience
an interruption in the program while Congress awaited a
recommendation from the Secretary of Health and Human Services
on whether to make the program permanent.
(6) It would be beneficial to the Indian Health Service and
to Indian tribes, tribal organizations, and Alaska Native
organizations to provide permanent status to the demonstration
program and to extend participation in the program to other
Indian tribes, tribal organizations, and Alaska Native health
organizations who operate a facility of the Indian Health
Service.
SEC. 3. DIRECT BILLING OF MEDICARE, MEDICAID, AND OTHER THIRD PARTY
PAYORS.
(a) Permanent Authorization.--Section 405 of the Indian Health Care
Improvement Act (25 U.S.C. 1645) is amended to read as follows:
``(a) Establishment of Direct Billing Program.--
``(1) In general.--The Secretary shall establish a program
under which Indian tribes, tribal organizations, and Alaska
Native health organizations that contract or compact for the
operation of a hospital or clinic of the Service under the
Indian Self-Determination and Education Assistance Act may
elect to directly bill for, and receive payment for, health
care services provided by such hospital or clinic for which
payment is made under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) (in this section referred to as the
`medicare program'), under a State plan for medical
assistance approved under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) (in this section referred to as the `medicaid
program'), or from any other third party payor.
``(2) Application of 100 percent fmap.--The third sentence
of section 1905(b) of the Social Security Act (42 U.S.C.
1396d(b)) shall apply for purposes of reimbursement under the
medicaid program for health care services directly billed under
the program established under this section.
``(b) Direct Reimbursement.--
``(1) Use of funds.--Each hospital or clinic participating
in the program described in subsection (a) of this section
shall be reimbursed directly under the medicare and medicaid
programs for services furnished, without regard to the
provisions of section 1880(c) of the Social Security Act (42
U.S.C. 1395qq(c)) and sections 402(a) and 813(b)(2)(A), but all
funds so reimbursed shall first be used by the hospital or
clinic for the purpose of making any improvements in the
hospital or clinic that may be necessary to achieve or maintain
compliance with the conditions and requirements applicable
generally to facilities of such type under the medicare or
medicaid programs. Any funds so reimbursed which are in excess
of the amount necessary to achieve or maintain such conditions
shall be used--
``(A) solely for improving the health resources
deficiency level of the Indian tribe; and
``(B) in accordance with the regulations of the
Service applicable to funds provided by the Service
under any contract entered into under the Indian Self-
Determination Act (25 U.S.C. 450f et seq.).
``(2) Audits.--The amounts paid to the hospitals and
clinics participating in the program established under this
section shall be subject to all auditing requirements
applicable to programs administered directly by the Service and
to facilities participating in the medicare and medicaid
programs.
``(3) Secretarial oversight.--
``(A) Quarterly reports.--Subject to subparagraph
(B), the Secretary shall monitor the performance of
hospitals and clinics participating in the program
established under this section, and shall require such
hospitals and clinics to submit reports on the program
to the Secretary on a quarterly basis during the first
2 years of participation in the program and annually
thereafter.
``(B) Annual reports.--Any participant in the
demonstration program authorized under this section as
in effect on the day before the date of enactment of
the Alaska Native and American Indian Direct
Reimbursement Act of 1998 shall only be required to
submit annual reports under this paragraph.
``(4) No payments from special funds.--Notwithstanding
section 1880(c) of the Social Security Act (42 U.S.C.
1395qq(c)) or section 402(a), no payment may be made out of the
special funds described in such sections for the benefit of any
hospital or clinic during the period that the hospital or
clinic participates in the program established under this
section.
``(c) Requirements for Participation.--
``(1) Application.--Except as provided in paragraph (2)(B),
in order to be eligible for participation in the program
established under this section, an Indian tribe, tribal
organization, or Alaska Native health organization shall submit
an application to the Secretary that establishes to the
satisfaction of the Secretary that--
``(A) the Indian tribe, tribal organization, or
Alaska Native health organization contracts or compacts
for the operation of a facility of the Service;
``(B) the facility is eligible to participate in
the medicare or medicaid programs under section 1880 or
1911 of the Social Security Act (42 U.S.C. 1395qq;
1396j);
``(C) the facility meets the requirements that
apply to programs operated directly by the Service; and
``(D) the facility is accredited by an accrediting
body designated by the Secretary or has submitted a
plan, which has been approved by the Secretary, for
achieving such accreditation.
``(2) Approval.--
``(A) In general.--The Secretary shall review and
approve a qualified application not later than 90 days
after the date the application is submitted to the
Secretary unless the Secretary determines that any of
the criteria set forth in paragraph (1) are not met.
``(B) Grandfather of demonstration program
participants.--Any participant in the demonstration
program authorized under this section as in effect on
the day before the date of enactment of the Alaska
Native and American Indian Direct Reimbursement Act of 1998 shall be
deemed approved for participation in the program established under this
section and shall not be required to submit an application in order to
participate in the program.
``(C) Duration.--An approval by the Secretary of a
qualified application under subparagraph (A), or a
deemed approval of a demonstration program under
subparagraph (B), shall continue in effect as long as
the approved applicant or the deemed approved
demonstration program meets the requirements of this
section.
``(d) Examination and Implementation of Changes.--
``(1) In general.--The Secretary, acting through the
Service, and with the assistance of the Administrator of the
Health Care Financing Administration, shall examine on an
ongoing basis and implement--
``(A) any administrative changes that may be
necessary to facilitate direct billing and
reimbursement under the program established under this
section, including any agreements with States that may
be necessary to provide for direct billing under the
medicaid program; and
``(B) any changes that may be necessary to enable
participants in the program established under this
section to provide to the Service medical records
information on patients served under the program that
is consistent with the medical records information
system of the Service.
``(2) Accounting information.--The accounting information
that a participant in the program established under this
section shall be required to report shall be the same as the
information required to be reported by participants in the
demonstration program authorized under this section as in
effect on the day before the date of enactment of the Alaska
Native and American Indian Direct Reimbursement Act of 1998.
The Secretary may from time to time, after consultation with
the program participants, change the accounting information
submission requirements.
``(e) Withdrawal From Program.--A participant in the program
established under this section may withdraw from participation in the
same manner and under the same conditions that a tribe or tribal
organization may retrocede a contracted program to the Secretary under
authority of the Indian Self-Determination Act (25 U.S.C. 450 et seq.).
All cost accounting and billing authority under the program established
under this section shall be returned to the Secretary upon the
Secretary's acceptance of the withdrawal of participation in this
program.''.
(b) Conforming Amendments.--
(1) Section 1880 of the Social Security Act (42 U.S.C.
1395qq) is amended by adding at the end the following:
``(e) For provisions relating to the authority of certain Indian
tribes, tribal organizations, and Alaska Native health organizations to
elect to directly bill for, and receive payment for, health care
services provided by a hospital or clinic of such tribes or
organizations and for which payment may be made under this title, see
section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645).''.
(2) Section 1911 of the Social Security Act (42 U.S.C.
1396j) is amended by adding at the end the following:
``(d) For provisions relating to the authority of certain Indian
tribes, tribal organizations, and Alaska Native health organizations to
elect to directly bill for, and receive payment for, health care
services provided by a hospital or clinic of such tribes or
organizations and for which payment may be made under this title, see
section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645).''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1998. | Alaska Native and American Indian Direct Reimbursement Act of 1998 - Amends the Indian Health Care Improvement Act to make permanent the demonstration program under which Indian tribes, tribal organizations, and Alaska Native health organizations that contract or compact for the operation of a hospital or clinic of the Indian Health Service may directly bill for, and receive payment for, health care services provided by such hospital or clinic for which payment is made under Medicare or Medicaid or from any other third party payor.
Requires participating hospitals and clinics to submit to the Secretary of Health and Human Services quarterly reports on the program during the first two years of participation and annual reports thereafter.
Provides for: (1) application to the Secretary by an Indian tribe, tribal organization, or Alaska Native health organization for participation of a Service facility in the program (the demonstration program was limited to four facilities); (2) the ongoing examination and implementation of necessary administrative changes to facilitate direct billing and reimbursement under the program; and (3) withdrawal from participation in the program. | {"src": "billsum_train", "title": "Alaska Native and American Indian Direct Reimbursement Act of 1998"} | 2,543 | 208 | 0.661781 | 1.933361 | 0.941221 | 5.004975 | 11.631841 | 0.965174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest Fire Fuels Reduction
Act''.
SEC. 2. ACTIONS TO ADDRESS FIRE HAZARDS DUE TO INSECT AND DISEASE
INFESTATION AND TREE OVERCROWDING IN NATIONAL FOREST
SYSTEM LANDS.
(a) Findings.--Congress finds the following:
(1) Forest health conditions within National Forest System
lands are deteriorating and immediate action to cut timber on
these lands is in the public interest.
(2) Pending litigation prevents timely action to reduce the
risk of wildfire in National Forest System lands.
(3) Existing administrative and legal processes cannot
address the fire danger in time to enable the Secretary of
Agriculture to take action to reduce the danger.
(4) Immediate action to address the fire danger in an
environmentally responsive manner is supported by the States
and local governments, local industry users, and some
environmental groups.
(5) The Forest Service and State and local fire officials
are encouraged to take actions as necessary to create a
defensible fuel zone within State owned lands adjacent to
National Forest System lands.
(b) Fire and Insect Risk Reduction in Existing Timber Sale Analysis
Areas.--
(1) In general.--Subject to paragraph (2), the Secretary is
authorized to cut additional timber within or outside the
existing cutting units for National Forest System timber sales
and within the analysis areas for these sales as is necessary
to reduce insect and disease infestation or fire hazard.
(2) Criteria.--In implementing additional timber harvests
within the timber sale analysis areas referred to in paragraph
(1), the Secretary shall use, in order of priority, the
following criteria:
(A) Areas within \1/4\ mile of private properties
where private property owners have taken or are taking
actions to cut timber on their lands.
(B) Stands that are a fire hazard or insect and
disease infested, and are near private lands or in
proximity to communities.
(C) Areas that have the highest intensity or
concentration of insect or disease infestation that
will move to other areas.
(D) Stands that are a fire hazard or insect and
disease infested, and are near areas of high resource
value where retaining green trees is important, such as
wildlife habitats, sensitive landscapes, forest growth,
recreation areas, and developments.
(E) Stands that are a high fire hazard or insect
and disease infested, and are within skidding distance
of existing roads.
(F) Concentrations of insect or disease infested
trees or areas that are high fire hazards due to
accumulated forest debris.
(G) Stands with the highest density that are most
susceptible to insect or disease attack and are in
close proximity to infested trees.
(c) Use of Forest Fire Fuels Reduction Sale Funds.--To conduct
timber sales under this section, the Secretary may use forest timber
sale funds otherwise available to the Secretary.
(d) Sales in Preparation.-- Any timber sale in preparation on the
date of the enactment of this Act shall be subject to the provisions of
this section.
(e) Use of Available Authorities.--The Secretary shall make use of
all available authority, including the employment of private
contractors and the use of expedited fire contracting procedures, to
prepare and advertise timber sales under this section.
(f) Exemptions.--The preparation, solicitation, and award of forest
fire fuels reduction timber sales shall be exempt from the requirements
of the Competition in Contracting Act (41 U.S.C. 253 et seq.) and the
implementing regulations in the Federal Acquisition Regulation issued
pursuant to section 25(c) of the Office of Federal Procurement Policy
Act (41 U.S.C. 421(c)) and any departmental acquisition regulations and
the notice and publication requirements in section 18 of such Act (41
U.S.C. 416) and 8(e) of the Small Business Act (15 U.S.C. 637(e)) and
the implementing regulations in the Federal Acquisition Regulations and
any departmental acquisition regulations.
(g) Cost Considerations.--Forest fire fuels reduction timber sales
undertaken pursuant to this section shall not be precluded because the
costs of such activities are likely to exceed the revenues derived from
such activities.
(h) Effect of Forest Fire Fuels Reduction Timber Sales.--The
Secretary shall not substitute forest fires fuels reduction timber
sales conducted for planned non-forest fire fuels reduction timber
sales.
(i) Reforestation of Forest Fire Fuels Reduction Timber Sale
Parcels.--The Secretary shall plan and implement reforestation of each
parcel of land harvested under a forest fire fuels reduction timber
sale conducted as expeditiously as possible after completion of the
harvest on the parcel, but in no case later than any applicable
restocking period required by law or regulation.
(j) Effect on Judicial Decisions.--The Secretary may conduct forest
fire fuels reduction timber sales notwithstanding any decision,
restraining order, or injunction issued by a United States court before
the date of the enactment of this section.
(k) Direction To Complete Timber Sales on Lands.--Notwithstanding
any other law (including a law under the authority of which any
judicial order may be outstanding on or after the date of enactment of
this Act), the Secretary shall expeditiously prepare, offer, and award
timber sale contracts on Federal lands described in the ``Record of
Decision for Amendments to Forest Service and Bureau of Land Management
Planning Documents Within the Range of the Northern Spotted Owl'',
signed by the Secretary of the Interior and the Secretary of
Agriculture on April 13, 1994. The Secretary may conduct timber sales
under this subsection notwithstanding any decision, restraining order,
or injunction issued by a United States court before the date of the
enactment of this section. The issuance of any regulation pursuant to
section 4(d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d))
to ease or reduce restrictions on non-Federal lands within the range of
the northern spotted owl shall be deemed to satisfy the requirements of
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)), given the analysis included in the Final
Supplemental Impact Statement on the Management of the Habitat for Late
Succession and Old Growth Forest Related Species Within the Range of
the Northern Spotted Owl, prepared by the Secretary of Agriculture and
the Secretary of the Interior in 1994, which is, or may be,
incorporated by reference in the administrative record of any such
regulation. The issuance of any such regulation pursuant to section
4(d) of the Endangered Species Act of 1973 (16 U.S.C. 1533(d)) shall
not require the preparation of an environmental impact statement under
section 102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)).
(l) Administrative Review.--Forest fire fuels reduction timber
sales and any decision of the Secretary concerned in connection with
such sales, shall not be subject to administrative review.
(m) Judicial Review.--
(1) Place and time of filing.--A forest fire fuels
reduction timber sale to be conducted, and a timber sale shall
be subject to judicial review only in the United States
district court for the district in which the affected Federal
lands are located. Any challenge to such sale must be filed in
such district court within 15 days after the date of initial
advertisement of the challenged sale. The Secretary may not
agree to, and a court may not grant, a waiver of the
requirements of this paragraph.
(2) Effect of filing on agency action.--For 45 days after
the date of the filing of a challenge to a forest fire fuels
reduction timber sale, the Secretary shall take no action to
award the challenged sale.
(3) Prohibition on restraining orders, preliminary in-
junctions, and relief pending review.--No restraining order,
preliminary injunction, or injunction pending appeal shall be
issued by any court of the United States with respect to any
decision to prepare, advertise, offer, award, or operate a
forest fire fuels reduction timber sale or any decision to
prepare, advertise, offer, award, or operate a timber sale
pursuant to this section. Section 705 of title 5, United States
Code, shall not apply to any challenge to such a sale.
(4) Standard of review.--The courts shall have authority to
enjoin permanently, order modification of, or void an
individual forest fire fuels reduction timber sale if it is
determined by a review of the record that the decision to
prepare, advertise, offer, award, or operate such sale was
arbitrary and capricious or otherwise not in accordance with
applicable law (other than those laws specified in subsection (f) or
(p)).
(5) Time for decision.--Civil actions filed under this
subsection shall be assigned for hearing at the earliest
possible date. The court shall render its final decision
relative to any challenge within 45 days from the date such
challenge is brought, unless the court determines that a longer
period of time is required to satisfy the requirement of the
United States Constitution. In order to reach a decision within
45 days, the district court may assign all or part of any such
case or cases to one or more Special Masters, for prompt review
and recommendations to the court.
(6) Procedures.--Notwithstanding any other provision of
law, the court may set rules governing the procedures of any
proceeding brought under this subsection which set page limits
on briefs and time limits on filing briefs and motions and
other actions which are shorter than the limits specified in
the Federal rules of civil or appellate procedure.
(7) Appeal.--Any appeal from the final decision of a
district court in an action brought pursuant to this subsection
shall be filed not later than 30 days after the date of
decision.
(n) Exclusion of Certain Federal Lands.--
(1) Exclusion.--The Secretary may not select, authorize, or
undertake any forest fire fuels reduction timber sale on any
excluded lands described in paragraph (2).
(2) Description of excluded lands.--The lands referred to
in paragraph (1) are as follows:
(A) Any area on Federal lands included in the
National Wilderness Preservation System.
(B) Any roadless area on Federal lands recommended
by the Forest Service or Bureau of Land Management for
wilderness designation in its most recent land
management plan in effect as of the date of the
enactment of this Act.
(C) Any area on Federal lands on which timber
harvesting for any purpose is prohibited by statute.
(o) Rule Making.--The Secretary is not required to issue formal
rules under section 553 of title 5, United States Code, to implement
this section or carry out the authorities provided by this section.
(p) Effect on Other Laws.--The documents and procedures required by
this section for the preparation, advertisement, offering, awarding,
and operation of any forest fire fuels reduction timber sale shall be
deemed to satisfy the requirements of the following applicable Federal
laws (and regulations implementing such laws):
(1) The Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.).
(2) The Federal Land Policy and Management Act of 1976(43
U.S.C. 1701 et seq.).
(3) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(4) The Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(5) The National Forest Management Act of 1976 (16 U.S.C.
472a et seq.).
(6) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528 et seq.).
(7) Any compact, executive agreement, convention, treaty,
and international agreement, and implementing legislation
related thereto.
(q) Threatened or Endangered Species.--No sale unit shall be
released or completed under this subsection if any threatened or
endangered bird species is known to be nesting within the acreage that
is the subject of the sale unit.
(r) Roadless Character.--The actions authorized by this section
shall not affect the determination of any area's wilderness capability,
wilderness suitability, or roadless character.
(s) Reporting.--The Secretary shall report to Congress on the
implementation of this section on or by November 30, 2002 and every 6
months thereafter. | National Forest Fire Fuels Reduction Act - Authorizes the Secretary of Agriculture to cut additional timber within or outside existing cutting units for National Forest System timber sales and within related analysis areas to reduce insect infestation or fire hazard. Sets forth treatment priority criteria.Directs the Secretary to complete certain Federal land timber sales within the range of the northern spotted owl.Limits judicial review of forest fire fuels reduction timber sales (sales) to the United States district court for the district in which the affected lands are located.Prohibits sales on Federal lands: (1) included in the National Wilderness Preservation System; (2) with roadless areas recommended for wilderness designation; and (3) on which timber sales are prohibited by statute.Prohibits sale release or completion if any threatened or endangered bird species is nesting within acreage of the sale unit. | {"src": "billsum_train", "title": "To authorize and direct the Secretary of Agriculture to take actions to promptly address the risk of fire and insect infestation in National Forest System lands, and for other purposes."} | 2,787 | 186 | 0.624348 | 1.707481 | 1.015145 | 3.886076 | 15.626582 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Safety Enhancement Act of
1999''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) While our Nation's schools are still relatively safe,
it is imperative that schools be provided with adequate
resources to prevent incidents of violence.
(2) Approximately 10 percent of all public schools reported
at least 1 serious violent crime to a law enforcement agency
over the course of the 1996-1997 school year.
(3) In 1996, approximately 225,000 students between the
ages of 12 and 18 were victims of nonfatal violent crime in
schools in the United States.
(4) From 1992 through 1994, 76 students and 29 non-students
were victims of murders or suicides that were committed in
schools in the United States.
(5) The school violence incidents in several States across
the Nation in 1998 and 1999 caused enormous damage to schools,
families, and whole communities.
(6) Because of escalating school violence, the children of
the United States are increasingly afraid that they will be
attacked or harmed at school.
(7) A report issued by the Department of Education in
August, 1998, entitled ``Early Warning, Early Response''
concluded that the reduction and prevention of school violence
is best achieved through safety plans which involve the entire
community, policies which emphasize both prevention and
intervention, training school personnel, parents, students, and
community members to recognize the early warning signs of
potential violent behavior and to share their concerns or
observations with trained personnel, establishing procedures
which allow rapid response and intervention when early warning
signs of violent behavior are identified, and providing
adequate support and access to services for troubled students.
SEC. 3. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.
(a) Establishment.--The Secretary of Education and the Attorney
General shall jointly establish a National Center for School and Youth
Safety (in this section referred to as the ``Center''). The Secretary
of Education and the Attorney General may establish the Center at an
existing facility, if the facility has a history of performing two or
more of the duties described in subsection (b). The Secretary of
Education and the Attorney General shall jointly appoint a Director of
the Center to oversee the operation of the Center.
(b) Duties.--The Center shall carry out emergency response,
anonymous student hotline, consultation, and information and outreach
activities with respect to elementary and secondary school safety,
including the following:
(1) Emergency response.--The staff of the Center, and such
temporary contract employees as the Director of the Center
shall determine necessary, shall offer emergency assistance to local
communities to respond to school safety crises. Such assistance shall
include counseling for victims and the community, assistance to law
enforcement to address short-term security concerns, and advice on how
to enhance school safety, prevent future incidents, and respond to
future incidents.
(2) Anonymous student hotline.--The Center shall establish
a toll-free telephone number for students to report criminal
activity, threats of criminal activity, and other high-risk
behaviors such as substance abuse, gang or cult affiliation,
depression, or other warning signs of potentially violent
behavior. The Center shall relay the reports, without
attribution, to local law enforcement or appropriate school
hotlines. The Director of the Center shall work with the
Attorney General to establish guidelines for Center staff to
work with law enforcement around the Nation to relay
information reported through the hotline.
(3) Consultation.--The Center shall establish a toll-free
number for the public to contact staff of the Center for
consultation regarding school safety. The Director of the
Center shall hire administrative staff and individuals with
expertise in enhancing school safety, including individuals
with backgrounds in counseling and psychology, education, law
enforcement and criminal justice, and community development to
assist in the consultation.
(4) Information and outreach.--The Center shall compile
information about the best practices in school violence
prevention, intervention, and crisis management, and shall
serve as a clearinghouse for model school safety program
information. The staff of the Center shall work to ensure local
governments, school officials, parents, students, and law
enforcement officials and agencies are aware of the resources,
grants, and expertise available to enhance school safety and
prevent school crime. The staff of the Center shall give
special attention to providing outreach to rural and
impoverished communities.
SEC. 4. SAFE COMMUNITIES, SAFE SCHOOLS.
(a) Grants Authorized.--The Secretary of Education, the Secretary
of Health and Human Services, and the Attorney General may award
grants, on a competitive basis, to help communities develop community-
wide safety programs involving students, parents, educators, guidance
counselors, psychologists, law enforcement officials or agencies, civic
leaders, and other organizations serving the community.
(b) Authorized Activities.--Funds provided to carry out this Act
may be used for activities that may include efforts to--
(1) increase early intervention strategies;
(2) expand parental involvement;
(3) increase students' awareness of warning signs of
violent behavior;
(4) promote students' responsibility to report the warning
signs to appropriate persons;
(5) promote conflict resolution and peer mediation
programs;
(6) increase the number of after-school programs;
(7) expand the use of safety-related equipment and
technology; and
(8) expand students' access to mental health services.
SEC. 5. AMENDMENTS TO THE NATIONAL CHILD PROTECTION ACT OF 1993.
Section 5(10) of the National Child Protection Act of 1993 (42
U.S.C. 5119c(10)) is amended to read as follows:
``(10) the term `qualified entity' means--
``(A) a business or organization, whether public,
private, for-profit, not-for-profit, or voluntary, that
provides care or care placement services, including a
business or organization that licenses or certifies
others to provide care or care placement services; or
``(B) an elementary or secondary school.''. | School Safety Enhancement Act of 1999 - Directs the Secretary of Education (the Secretary) and the Attorney General jointly to: (1) establish a National Center for School and Youth Safety; and (2) appoint a Director to oversee the Center's operation.
Allows the Center to be established at an existing facility with a history of performing two or more of the following Center duties, which include specified activities with respect to elementary and secondary school safety: (1) emergency response; (2) anonymous student hotline; (3) consultation; and (4) information and outreach activities.
Authorizes the Secretary, the Attorney General, and the Secretary of Health and Human Services to award competitive grants to help communities develop community-wide safety programs, including certain authorized activities, involving students, parents, educators, guidance counselors, psychologists, law enforcement officials or agencies, civic leaders, and other organizations serving the community.
Amends the National Child Protection Act of 1993 to include elementary or secondary schools among those qualified entities that a State may designate as required to contact an authorized State agency to request a nationwide criminal background check of certain employees and other child care providers. | {"src": "billsum_train", "title": "School Safety Enhancement Act of 1999"} | 1,268 | 236 | 0.581794 | 1.68749 | 0.880732 | 3.713656 | 5.546256 | 0.911894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Boating Act of 2008''.
SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF RECREATIONAL
VESSELS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Discharges Incidental to the Normal Operation of Recreational
Vessels.--No permit shall be required under this Act by the
Administrator (or a State, in the case of a permit program approved
under subsection (b)) for the discharge of any graywater, bilge water,
cooling water, weather deck runoff, oil water separator effluent, or
effluent from properly functioning marine engines, or any other
discharge that is incidental to the normal operation of a vessel, if
the discharge is from a recreational vessel.''.
SEC. 3. DEFINITION.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(25) Recreational vessel.--
``(A) In general.--The term `recreational vessel'
means any vessel that is--
``(i) manufactured or used primarily for
pleasure; or
``(ii) leased, rented, or chartered to a
person for the pleasure of that person.
``(B) Exclusion.--The term `recreational vessel'
does not include a vessel that is subject to Coast
Guard inspection and that--
``(i) is engaged in commercial use; or
``(ii) carries paying passengers.''.
SEC. 4. MANAGEMENT PRACTICES FOR RECREATIONAL VESSELS.
Section 312 of the Federal Water Pollution Control Act (33 U.S.C.
1322) is amended by adding at the end the following:
``(o) Management Practices for Recreational Vessels.--
``(1) Applicability.--This subsection applies to any
discharge, other than a discharge of sewage, from a
recreational vessel that is--
``(A) incidental to the normal operation of the
vessel; and
``(B) exempt from permitting requirements under
section 402(r).
``(2) Determination of discharges subject to management
practices.--
``(A) Determination.--
``(i) In general.--The Administrator, in
consultation with the Secretary of the
department in which the Coast Guard is
operating, the Secretary of Commerce, and
interested States, shall determine the
discharges incidental to the normal operation
of a recreational vessel for which it is
reasonable and practicable to develop
management practices to mitigate adverse
impacts on the waters of the United States.
``(ii) Promulgation.--The Administrator
shall promulgate the determinations under
clause (i) in accordance with section 553 of
title 5, United States Code.
``(iii) Management practices.--The
Administrator shall develop management
practices for recreational vessels in any case
in which the Administrator determines that the
use of those practices is reasonable and
practicable.
``(B) Considerations.--In making a determination
under subparagraph (A), the Administrator shall
consider--
``(i) the nature of the discharge;
``(ii) the environmental effects of the
discharge;
``(iii) the practicability of using a
management practice;
``(iv) the effect that the use of a
management practice would have on the
operation, operational capability, or safety of
the vessel;
``(v) applicable Federal and State law;
``(vi) applicable international standards;
and
``(vii) the economic costs of the use of
the management practice.
``(C) Timing.--The Administrator shall--
``(i) make the initial determinations under
subparagraph (A) not later than 1 year after
the date of enactment of this subsection; and
``(ii) every 5 years thereafter--
``(I) review the determinations;
and
``(II) if necessary, revise the
determinations based on any new
information available to the
Administrator.
``(3) Performance standards for management practices.--
``(A) In general.--For each discharge for which a
management practice is developed under paragraph (2),
the Administrator, in consultation with the Secretary
of the department in which the Coast Guard is
operating, the Secretary of Commerce, other interested
Federal agencies, and interested States, shall
promulgate, in accordance with section 553 of title 5,
United States Code, Federal standards of performance
for each management practice required with respect to
the discharge.
``(B) Considerations.--In promulgating standards
under this paragraph, the Administrator shall take into
account the considerations described in paragraph
(2)(B).
``(C) Classes, types, and sizes of vessels.--The
standards promulgated under this paragraph may--
``(i) distinguish among classes, types, and
sizes of vessels;
``(ii) distinguish between new and existing
vessels; and
``(iii) provide for a waiver of the
applicability of the standards as necessary or
appropriate to a particular class, type, age,
or size of vessel.
``(D) Timing.--The Administrator shall--
``(i) promulgate standards of performance
for a management practice under subparagraph
(A) not later than 1 year after the date of a
determination under paragraph (2) that the
management practice is reasonable and
practicable; and
``(ii) every 5 years thereafter--
``(I) review the standards; and
``(II) if necessary, revise the
standards, in accordance with
subparagraph (B) and based on any new
information available to the
Administrator.
``(4) Regulations for the use of management practices.--
``(A) In general.--The Secretary of the department
in which the Coast Guard is operating shall promulgate
such regulations governing the design, construction,
installation, and use of management practices for
recreational vessels as are necessary to meet the
standards of performance promulgated under paragraph
(3).
``(B) Regulations.--
``(i) In general.--The Secretary shall
promulgate the regulations under this paragraph
as soon as practicable after the Administrator
promulgates standards with respect to the
practice under paragraph (3), but not later
than 1 year after the date on which the
Administrator promulgates the standards.
``(ii) Effective date.--The regulations
promulgated by the Secretary under this
paragraph shall be effective upon promulgation
unless another effective date is specified in
the regulations.
``(iii) Consideration of time.--In
determining the effective date of a regulation
promulgated under this paragraph, the Secretary
shall consider the period of time necessary to
communicate the existence of the regulation to
persons affected by the regulation.
``(5) Effect of other laws.--This subsection shall not
affect the application of section 311 to discharges incidental
to the normal operation of a recreational vessel.
``(6) Prohibition relating to recreational vessels.--After
the effective date of the regulations promulgated by the
Secretary of the department in which the Coast Guard is
operating under paragraph (4), the owner or operator of a
recreational vessel shall neither operate in nor discharge any
discharge incidental to the normal operation of the vessel
into, the waters of the United States or the waters of the
contiguous zone, if the owner or operator of the vessel is not
using any applicable management practice meeting standards
established under this subsection.''. | Clean Boating Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to provide that no permit shall be required by the Administrator of the Environmental Protection Agency (EPA) under the national pollutant discharge elimination system for the discharge from a recreational vessel of graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines or for any other discharge that is incidental to the normal operation of such vessel.
Defines a "recreational vessel" as any vessel that is leased, rented, or chartered to a person for that person's pleasure or that is manufactured or used primarily for pleasure, excluding vessels that are subject to Coast Guard inspection and that are engaged in commercial use or that carry paying passengers.
Requires the Administrator to: (1) determine the discharges that are incidental to the normal operation (excluding sewage) of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on U.S. waters within a year of this Act's enactment and to review such determinations every five years; and (2) develop management practices for recreational vessels to mitigate the adverse impacts of such discharges on U.S. waters. Directs the Administrator, in determining what discharges are incidental to normal operations, to consider: (1) the nature of the discharge; (2) its environmental effects; (3) the practicability of using a management practice; (4) the effect that such practice would have on the operation, operational capability, or safety of the vessel; (5) applicable federal and state law and international standards; and (6) the economic costs of the use of the management practice.
Requires the Administrator to: (1) promulgate federal standards of performance (which may distinguish among vessel types) for each discharge for which such a management practice is developed; and (2) review them every five years. Requires the Secretary of the department in which the Coast Guard is operating to promulgate regulations governing the design, construction, installation, and use of management practices for recreational vessels as necessary to meet such standards. Prohibits a recreational vessel from operating in or discharging in U.S. waters if such owner or operator is not using applicable management practices in compliance with such regulations. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel."} | 1,723 | 509 | 0.687305 | 2.111215 | 0.804796 | 3.542793 | 3.475225 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Program for Offshore Wind Energy
Research and Development Act of 2010'' or the ``POWERED Act of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) as of the date of enactment of this Act, there are no
installed offshore wind power projects in the United States;
(2) according to the Eastern Wind Integration and
Transmission Study, high penetrations of wind generation are
technically feasible with the expansion of transmission
infrastructure; and
(3) to generate 20 percent of the electricity generation of
the United States from wind by 2030, as described in the report
entitled ``20 Percent Wind Energy by 2030'' and prepared by the
Secretary, technological advances for offshore wind power will
be required to enable cost reduction and performance
improvement.
SEC. 3. DEFINITIONS.
In this Act:
(1) Offshore wind power.--The term ``offshore wind power''
means the generation of electricity from the deployment of wind
turbines in the Great Lakes and other inland navigable waters
or in coastal waters of the United States, including the
territorial sea, the exclusive economic zone, and the outer
Continental Shelf.
(2) Program.--The term ``Program'' means the Offshore Wind
Power Research and Development Program established under
section 5.
(3) Roadmap.--The term ``roadmap'' means an integrated plan
for achieving a substantial economically self-supporting
offshore wind power industry in the United States during the
near-term period of up to 2 years, the mid-term period of up to
7 years, and long-term period of up to 10 years beginning on
the date of enactment of this Act.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. ROADMAP TO AN OFFSHORE WIND POWER FUTURE.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, in accordance with subsection (c), the Secretary
shall initiate the development of a comprehensive roadmap to assist and
coordinate offshore wind power implementation efforts.
(b) Components.--At a minimum, the roadmap shall include--
(1) a compilation and synthesis of the previous analyses
that have been conducted in the United States examining the
potential for offshore wind power;
(2)(A) an assessment of the technological advances and
research needed to make offshore wind power turbines more cost
competitive (both in initial installation and in ongoing
maintenance); and
(B) recommendations on Federal support to promote research
and demonstration projects (including deepwater facilities) to
achieve the advances;
(3)(A) an assessment of the various policy supports that
would promote the United States marketplace for offshore wind
power energy, taking into consideration best practices from
international programs, including--
(i) feed-in tariff programs;
(ii) grid access policies;
(iii) support to improve the transmission capacity
of the electrical grid to absorb power from large
offshore wind energy projects;
(iv) policies for streamlining project approval and
contractual agreements; and
(v) domestic content requirements for wind farm
developers; and
(B) recommendations on Federal and State policies that
should be enacted to prudently promote offshore wind power in
the United States;
(4)(A) an assessment of the offshore wind power permitting
system (including the requirements for securing permits for
both inland and coastal waters); and
(B) recommendations on appropriate administrative and
regulatory changes to encourage and streamline offshore wind
power development in the United States while responsibly
safeguarding the public interests and environmental
considerations;
(5) an assessment of the resources that will be required to
develop the infrastructure necessary to build offshore wind
power farms, including--
(A)(i) an assessment of the suitability of the
United States fleet for installation of offshore wind
power turbines and associated foundations and
transmission lines; and
(ii) an examination of the costs and technology for
alternative designs of ships and barges that may need
to be constructed (including potential domestic
suppliers of the ships and barges);
(B) an assessment of dock, crane, and laydown
requirements for building offshore wind power and the
capabilities of United States ports relative to those
requirements (including associated costs of any
necessary expansions); and
(C)(i) an assessment of specific skill-sets of
personnel needed to install and maintain offshore wind
power in the United States;
(ii) an estimate of the required quantities of
workers required to keep pace with the anticipated
expansion of the domestic offshore wind power market;
and
(iii) a description of training and curricula
required to produce the necessary workforce;
(6) an assessment of--
(A) the manner in which winter ice flows affect
offshore wind power turbine towers; and
(B) the necessary technology (including costs) to
mitigate any potential negative impacts;
(7) an assessment of the various domestic manufacturing
entities that can be involved in supplying offshore wind power
turbines and components, including the necessary capital
required to convert the existing operations of the entities to
support the offshore wind power industry;
(8) an assessment of--
(A) the energy storage requirements that may be
needed to establish offshore wind installations; and
(B) the supply chain availability of current
technologies to meet the energy storage requirements;
and
(9) an assessment of--
(A) freshwater offshore wind potential; and
(B) deepwater offshore wind potential, including--
(i) designs of floating offshore wind
turbine systems;
(ii) manufacturing and deployment
logistics; and
(iii) suitable locations for demonstration
projects.
(c) Consultation Requirements.--In carrying out subsection (b), the
Secretary shall--
(1) in consultation with the Secretary of the Interior,
carry out subsection (b)(4); and
(2) in consultation with the Secretary of Commerce, carry
out subsection (b)(6).
(d) Report.--Not later than 180 days after the enactment of this
Act, the Secretary shall submit a report that describes the roadmap and
makes any recommendations to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Environment and Public Works of the
Senate;
(3) the Committee on Commerce, Science, and Transportation
of the Senate;
(4) the Committee on Energy and Commerce of the House of
Representatives;
(5) the Committee on Natural Resources of the House of
Representatives; and
(6) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 5. OFFSHORE WIND POWER RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, in accordance with subsection (e), the Secretary
shall establish the Offshore Wind Power Research and Development
Program to assist and coordinate offshore wind power analysis and
offshore wind power implementation efforts consistent with the roadmap
developed under section 4.
(b) Research, Development, and Demonstration Centers.--
(1) In general.--Under the Program, in accordance with
paragraph (2), the Secretary shall award, on a competitive
basis with an emphasis on technical merit, grants to academic
institutions or industry-academic consortia to establish 2 or
more national offshore wind centers.
(2) Selection.--In selecting academic institutions or
industry-academic consortia, the Secretary shall ensure that--
(A) not less than 1 national offshore wind center
focuses on transitional depth and deepwater floating
offshore wind energy technologies; and
(B) not less than 1 national offshore wind center
focuses on shallow water offshore wind energy
technologies.
(c) Grants.--
(1) In general.--Under the Program, the Secretary shall
award grants to States, academic institutions, and industry-
academic consortia to conduct coordinated, cohesive offshore
wind power analysis, research, and development projects
consistent with the roadmap developed under section 4.
(2) Use of department of energy investments.--In carrying
out paragraph (1), the Secretary shall, to the maximum extent
practicable, leverage investments of the Department of Energy
relating to the activities described in that paragraph.
(d) Scope of Activities To Be Proposed.--The Secretary shall
request proposals for projects under this section for carrying out 1 or
more of the following activities:
(1) Development of alternative State policies for orderly
use of offshore wind power in State power planning, including
State incentives for development.
(2) Quantitative estimation of the offshore wind power
resource, including--
(A) wind directions and strengths (including wind
speed frequency distribution at technologically
significant heights, analyzed with the wind speed
average and turbulence intensity);
(B) bathymetry;
(C) waves and currents;
(D) seasonal air and water temperature
distributions;
(E) potential ice formation in the water and on the
blades;
(F) marine and lacustrine geology studies;
(G) the earthquake potential of the area;
(H) potential points for grid connection according
to current and future grid power evacuation and wind
farm power; and
(I) exclusion of competing uses.
(3) Analysis of offshore wind power to formulate
recommendations for interconnection of offshore sites to each
other and to the mainland.
(4) Development of plans for integration of the wind
resource into the electric grid, including--
(A) grid transmission and distribution topology;
(B) systems analysis for reliable and efficient
large-scale wind power integration;
(C) multilevel automatic control management of the
power system;
(D) voltage and frequency regulation;
(E) a plan to coordinate new offshore wind farms
with existing classical generators;
(F) energy storage for managing the variability in
power production and load demand; and
(G) load demand and wind speed prediction.
(5) Analysis of the potential wildlife and ecological
effects, which may include on-site field study of possible
wildlife impacts and any visual effects to adjacent
communities.
(6) Study of infrastructure needs, academic programs at
institutions of higher education, training, employment, and
other economic impacts of permitted and potential offshore wind
power projects.
(7) Development of an advanced concept offshore wind
turbine generator that would use alternative designs not being
implemented, such as new wind turbine blade, drivetrain, and
electrical generator configurations.
(8) Optimization of the configuration of wind turbines in
offshore arrays to improve overall efficiency.
(9) Development of advanced materials, manufacturing
techniques, and deployment strategies that could reduce
installation and operation costs including advanced blade
manufacturing activity (including automation, materials, and
the assembly of large-scale components) to stimulate the
development of the blade manufacturing capacity of the United
States.
(10) Design, demonstration, and deployment of advanced
foundations, anchors, moorings, and other components that
reduce costs and can sustain severe water and ice flow
conditions for application in shallow water, transitional
depths, and deep offshore water.
(11) Research focused on improving the reliability of wind
turbine subsystems and components critical to offshore
locations.
(12) Development of floating platforms, anchors, and
mooring technologies that extend the water depth of
installations that--
(A) increase available site locations; and
(B) reduce the effect of the view from the shore.
(13) Development of advanced control systems for offshore
wind turbines, gravity and floating foundations, and combining
hydrodynamics and aerodynamics, including mechanical loads
attenuation, high power quality, optimum reliability, and
health monitoring.
(14) Research on the design of large blades, including
efficient airfoils, de-icing systems, structural analysis,
materials, and appropriate control systems for load
attenuation.
(15) Design and development of new deployment vessels that
reduce the cost of installation and maintenance of offshore
wind turbines and submarine cables.
(16) Development of advanced power electronics and
alternating current or direct current electrical systems to
connect offshore wind farms to each other and the mainland
electrical grid.
(17) Full-scale testing and establishment of experimental
offshore wind farms and other projects--
(A) to demonstrate advanced offshore wind
components and systems; and
(B) to validate technology and performance issues
relating to the components.
(e) Consultation Requirements.--In carrying out subsection (d), the
Secretary shall--
(1) in consultation with the Secretary of the Interior,
carry out--
(A) subsection (d)(2)(G); and
(B) subsection (d)(5); and
(2) in consultation with the Secretary of Commerce, carry
out subparagraphs (A) through (F), (H), and (I) of subsection
(d)(2).
(f) Proposal Review and Selection Criteria.--The Secretary shall
review applications, and rank and award proposals that--
(1) contain a written plan by each participating State
government, academic institution, or academic-industry
consortia describing the manner in which the information
developed will be used for, and integrated into, decisions
regarding offshore wind power;
(2) include as part of the proposal activity, the training
of professionals in analysis of offshore wind power to enhance
the national offshore wind power analysis capability;
(3) propose to carry out 1 or more of the activities
described in subsection (d) and provide evidence of a proven
capability to carry out the activities, as demonstrated
through--
(A) prior research, publications, patents, and
advising of government and industry regarding offshore
wind power research; or
(B) in the absence of that experience, demonstrated
capability in general wind power research or other
fields that may be transferred to offshore wind power;
(4) have scientific merit in the fields of science,
engineering, or social science required to carry out the
activities described in subsection (d);
(5) supplement efforts carried out as of the date of
enactment of this Act by the Secretary of the Interior, the
Secretary of Commerce, and the heads of other applicable
Federal agencies to address data needs for the development of
offshore wind power as identified in consultation with the
heads of the applicable Federal agencies;
(6) are consistent with a preference for proposals that are
identified in the roadmap as strongly contributing to near-term
and mid-term development targets; and
(7) have a term of not less than 1 year and not more than 4
years.
(g) Reports.--A State, academic institution, or industry-academic
consortia that receives a grant under this section shall submit a
report that describes the findings of the research and development
conducted with the grant to--
(1) the Secretary;
(2) the Secretary of Commerce;
(3) the Secretary of the Interior; and
(4) the Chief of Engineers.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2011 through 2015.
SEC. 6. USE OF RENEWABLE ENERGY TO COMPLY WITH FEDERAL RENEWABLE
ELECTRICITY STANDARD.
Section 610(c)(2) of the Public Utility Regulatory Policies Act of
1978 (as added by section 132 of the American Clean Energy and
Leadership Act of 2009) is amended--
(1) in subparagraph (H), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (I)(iv), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(J) allow triple credits for generation of energy
from offshore wind power.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary. | Program for Offshore Wind Energy Research and Development Act of 2010 or the POWERED Act of 2010 - Requires the Secretary of Energy (DOE) to initiate the development of a comprehensive roadmap to assist and coordinate offshore wind power implementation efforts. Defines "offshore wind power" to mean the generation of electricity from the deployment of wind turbines in the Great Lakes and other inland navigable waters or in U.S. coastal waters, including the territorial sea, the exclusive economic zone, and the outer continental shelf.
Requires the Secretary to: (1) establish the Offshore Wind Power Research and Development Program to assist and coordinate offshore wind power analysis and implementation efforts consistent with the roadmap; (2) award grants to academic institutions or industry-academic consortia to establish two or more national offshore wind centers on a competitive basis with an emphasis on technical merit; (3) ensure, in selecting academic institutions or industry-academic consortia, that at least one center focuses on transitional depth and deepwater floating offshore wind energy technologies and at least one center focuses on shallow water offshore wind energy technologies; (4) award grants to states, academic institutions, and industry-academic consortia to conduct coordinated, cohesive offshore wind power analysis, research, and development projects; and (5) request grant proposals for Program projects for implementing specified activities, plans, analysis, studies, and research related to developing offshore wind power.
Amends the Public Utility Regulatory Policies Act of 1978, as it would be amended by the American Clean Energy Leadership Act of 2009 as reported to the Senate as an original measure on July 16, 2009 (S.1462), to revise the federal renewable energy credit trading program by allowing triple credits for the generation of energy from offshore wind power. | {"src": "billsum_train", "title": "A bill to require the Secretary of Energy to take actions to stimulate the emergence of an offshore wind power industry in the United States, and for other purposes."} | 3,282 | 375 | 0.659281 | 2.100385 | 0.867102 | 4.666667 | 9.810811 | 0.912913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations 50th Anniversary
Commemorative Coin Act of 1995''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 100,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 500,000 $1 coins, 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.
SEC. 3. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall--
(A) be emblematic of the United Nations and the
ideals for which it stands; and
(B) include the 3 opening words of the United
Nations Charter--``We the peoples''.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
United Nations Association of the United States of America and
the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality and Mint Facility.--The coins authorized under this Act
may be issued in uncirculated and proof qualities and shall be struck
at the United States Bullion Depository at West Point.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on June 26, 1995, and
ending on December 31, 2002.
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 subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $25 per coin for the $5 coin; and
(2) $5 per coin for the $1 coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the United Nations Association of the United States of
America for the purpose of assisting with educational activities, such
as high school and college Model United Nations programs and other
grassroots activities, that highlight the United Nations and the United
States' role in that world body.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of United Nations Association of the United States of America as
may be related to the expenditures of amounts paid under subsection
(a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | United Nations 50th Anniversary Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the United Nations, to include the three opening words of the United Nations Charter, "We the peoples."
Mandates that all surcharges received from coin sales be paid to the United Nations Association of the United States of America. | {"src": "billsum_train", "title": "United Nations 50th Anniversary Commemorative Coin Act of 1995"} | 1,348 | 85 | 0.538482 | 1.353182 | 0.709605 | 3.144737 | 15.894737 | 0.828947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Tax Fairness Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is appropriate to exercise congressional enforcement
authority under section 5 of the 14th Amendment to the
Constitution of the United States and Congress' plenary power
under article I, section 8, clause 3 of the Constitution of the
United States (commonly known as the ``commerce clause'') in
order to ensure that States and political subdivisions thereof
do not discriminate against providers and consumers of mobile
services by imposing new selective and excessive taxes and
other burdens on such providers and consumers.
(2) In light of the history and pattern of discriminatory
taxation faced by providers and consumers of mobile services,
the prohibitions against and remedies to correct discriminatory
State and local taxation in section 306 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (49 U.S.C.
11501) provide an appropriate analogy for congressional action,
and similar Federal legislative measures are warranted that
will prohibit imposing new discriminatory taxes on providers
and consumers of mobile services and that will assure an
effective, uniform remedy.
SEC. 3. MORATORIUM.
(a) In General.--No State or local jurisdiction shall impose a new
discriminatory tax on or with respect to mobile services, mobile
service providers, or mobile service property, during the 5-year period
beginning on the date of enactment of this Act.
(b) Definitions.--In this Act:
(1) Mobile service.--The term ``mobile service'' means
commercial mobile radio service, as such term is defined in
section 20.3 of title 47, Code of Federal Regulations, as in
effect on the date of enactment of this Act, or any other
service that is primarily intended for receipt on, transmission
from, or use with a mobile telephone or other mobile device,
including but not limited to the receipt of a digital good.
(2) Mobile service property.--The term ``mobile service
property'' means all property used by a mobile service provider
in connection with its business of providing mobile services,
whether real, personal, tangible, or intangible (including
goodwill, licenses, customer lists, and other similar
intangible property associated with such business).
(3) Mobile service provider.--The term ``mobile service
provider'' means any entity that sells or provides mobile
services, but only to the extent that such entity sells or
provides mobile services.
(4) New discriminatory tax.--The term ``new discriminatory
tax'' means a tax imposed by a State or local jurisdiction that
is imposed on or with respect to, or is measured by, the
charges, receipts, or revenues from or value of--
(A) a mobile service and is not generally imposed,
or is generally imposed at a lower rate, on or with
respect to, or measured by, the charges, receipts, or
revenues from other services or transactions involving
tangible personal property;
(B) a mobile service provider and is not generally
imposed, or is generally imposed at a lower rate, on
other persons that are engaged in businesses other than
the provision of mobile services; or
(C) a mobile service property and is not generally
imposed, or is generally imposed at a lower rate, on or
with respect to, or measured by the value of, other
property that is devoted to a commercial or industrial
use and subject to a property tax levy, except public
utility property owned by a public utility subject to
rate of return regulation by a State or Federal
regulatory authority;
unless such tax was imposed and actually enforced on mobile
services, mobile service providers, or mobile service property
prior to the date of enactment of this Act.
(5) State or local jurisdiction.--The term ``State or local
jurisdiction'' means any of the several States, the District of
Columbia, any territory or possession of the United States, a
political subdivision of any State, territory, or possession,
or any governmental entity or person acting on behalf of such
State, territory, possession, or subdivision that has the
authority to assess, impose, levy, or collect taxes or fees.
(6) Tax.--
(A) In general.--The term ``tax'' means a charge
imposed by a governmental entity for the purpose of
generating revenues for governmental purposes, and
excludes a fee imposed on a particular entity or class
of entities for a specific privilege, service, or
benefit conferred exclusively on such entity or class
of entities.
(B) Exclusion.--The term ``tax'' does not include
any fee or charge--
(i) used to preserve and advance Federal
universal service or similar State programs
authorized by section 254 of the Communications
Act of 1934 (47 U.S.C. 254); or
(ii) specifically dedicated by a State or
local jurisdiction for the support of E-911
communications systems.
(c) Rules of Construction.--
(1) Determination.--For purposes of subsection (b)(4), all
taxes, tax rates, exemptions, deductions, credits, incentives,
exclusions, and other similar factors shall be taken into
account in determining whether a tax is a new discriminatory
tax.
(2) Application of principles.--Except as otherwise
provided in this Act, in determining whether a tax on mobile
service property is a new discriminatory tax for purposes of
subsection (b)(4)(C), principles similar to those set forth in
section 306 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (49 U.S.C. 11501) shall apply.
(3) Exclusions.--Notwithstanding any other provision of
this Act--
(A) the term ``generally imposed'' as used in
subsection (b)(4) shall not apply to any tax imposed
only on--
(i) specific services;
(ii) specific industries or business
segments; or
(iii) specific types of property; and
(B) the term ``new discriminatory tax'' shall not
include a new tax or the modification of an existing
tax that either--
(i)(I) replaces one or more taxes that had
been imposed on mobile services, mobile service
providers, or mobile service property; and
(II) is designed so that, based on
information available at the time of the
enactment of such new tax or such modification,
the amount of tax revenues generated thereby
with respect to such mobile services, mobile
service providers, or mobile service property
is reasonably expected to not exceed the amount
of tax revenues that would have been generated
by the respective replaced tax or taxes with
respect to such mobile services, mobile service
providers, or mobile service property; or
(ii) is a local jurisdiction tax that may
not be imposed without voter approval, provides
for at least 90 days' prior notice to mobile
service providers, and is required by law to be
collected from mobile service customers.
SEC. 4. ENFORCEMENT.
Notwithstanding any provision of section 1341 of title 28, United
States Code, or the constitution or laws of any State, the district
courts of the United States shall have jurisdiction, without regard to
amount in controversy or citizenship of the parties, to grant such
mandatory or prohibitive injunctive relief, interim equitable relief,
and declaratory judgments as may be necessary to prevent, restrain, or
terminate any acts in violation of this Act.
(1) Jurisdiction.--Such jurisdiction shall not be exclusive
of the jurisdiction which any Federal or State court may have
in the absence of this section.
(2) Burden of proof.--The burden of proof in any proceeding
brought under this Act shall be upon the party seeking relief
and shall be by a preponderance of the evidence on all issues
of fact.
(3) Relief.--In granting relief against a tax which is
discriminatory or excessive under this Act with respect to tax
rate or amount only, the court shall prevent, restrain, or
terminate the imposition, levy, or collection of not more than
the discriminatory or excessive portion of the tax as
determined by the court.
SEC. 5. GAO STUDY.
(a) Study.--The Comptroller General of the United States shall
conduct a study, throughout the 5-year period beginning on the date of
the enactment of this Act, to determine--
(1) how, and the extent to which, taxes imposed by local
and State jurisdictions on mobile services, mobile service
providers, or mobile property, impact the costs consumers pay
for mobile services; and
(2) the extent to which the moratorium on discriminatory
mobile services taxes established in this Act has any impact on
the costs consumers pay for mobile services.
(b) Report.--Not later than 6 years after the date of the enactment
of this Act, the Comptroller General shall submit, to the Committee on
the Judiciary of the House of Representatives and Committee on the
Judiciary of the Senate, a report containing the results of the study
required subsection (a) and shall include in such report
recommendations for any changes to laws and regulations relating to
such results.
Passed the House of Representatives November 1, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Wireless Tax Fairness Act of 2011 - Prohibits states or local governments from imposing any new discriminatory tax on mobile services, mobile service providers, or mobile service property (i.e., cell phones) for five years after the enactment of this Act. Defines "new discriminatory tax" as a tax imposed on mobile services, providers, or property that is not generally imposed on, or that is generally imposed at a lower rate on, other types of services, providers, or property, unless such tax was imposed and actually enforced prior to the enactment of this Act.
Amends the federal judicial code to grant jurisdiction to federal district courts to grant injunctive and other appropriate relief to prevent, restrain, or terminate any acts in violation of this Act.
Requires the Comptroller General to conduct a study, throughout the five-year moratorium imposed by this Act, to determine how, and the extent to which, taxes on mobile services, providers, or property impact the costs consumers pay for mobile services and the extent to which such moratorium has any impact on the costs consumers pay for mobile services. | {"src": "billsum_train", "title": "To restrict any State or local jurisdiction from imposing a new discriminatory tax on cell phone services, providers, or property."} | 2,010 | 253 | 0.648975 | 1.930496 | 0.799794 | 4.07619 | 8.92381 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Cultural Heritage Act of
1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the cultural heritage of mankind--
(A) is of the utmost importance to the United
States and the world;
(B) contains evidence of mankind's common human
past; and
(C) is part of the economic, social, and
educational foundation of society;
(2) with a growth of research concerning the vital quality
of the cultural heritage of mankind has come the realization
that many of the most significant cultural resources in the
world are seriously endangered by a growing range of threats,
including natural catastrophes, environmental deterioration,
destructive acts of man, and the complex political and societal
changes occurring in the world;
(3) a timely response is critical to prevent the loss of
cultural heritage that is imminently endangered;
(4) sustained funding is needed to stabilize and strengthen
the ability to protect cultural resources on a national and
international scale, consistently and on a long-term basis;
(5) funding will support a program through which
professionals in the field of historic preservation can obtain
support on a short-term basis to address situations of
immediate peril affecting important works that are in danger of
loss in order to gain time to plan for long-term conservation
of the works;
(6) the inauguration of the World Monuments Watch List of
100 Most Endangered Sites in 1996 has made apparent the great
need for additional support and protection for threatened
cultural heritage worldwide;
(7) conservation work funded as a result of this Act will
result in both direct and indirect benefits to many communities
by creating jobs, offering opportunities for training in
skilled trades, protecting resources that generate economic
activity through tourism, and opening direct access to enriched
educational experiences;
(8) the American people share the responsibility of
ensuring the survival of key cultural resources worldwide,
since the resources, whether in the United States or abroad,
represent a trust held in common by all peoples in all
communities; and
(9) participation in the preservation of cultural heritage,
which is of common human concern, is an international act of
good will.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrative agency.--The term ``administrative
agency'' means the agency designated or established by the
Secretary under section 6(a).
(2) Endangered site.--The term ``endangered site'' refers
to a structure, a group of buildings, a historic district, an
archaeological zone, public art, or a cultural landscape that
is in significant peril of being lost or seriously compromised
as a result of irreversible human or natural destruction.
(3) Fund.--The term ``Fund'' means the Endangered Cultural
Heritage Trust fund established by section 4.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given in
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a)).
(5) Matching basis.--The term ``matching basis'' means the
condition to a grant award that the award be supplemented by
the recipient with equivalent financial support from other
sources prior to release of funds by the Secretary.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 4. ESTABLISHMENT OF THE ENDANGERED CULTURAL HERITAGE FUND.
There is established in the Treasury of the United States a trust
fund to be known as the ``Endangered Cultural Heritage Fund'' that
shall consist of--
(1) amounts appropriated pursuant to section 5; and
(2) interest and proceeds credited pursuant to section
8(c).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund such sums as
are necessary to carry out this Act.
SEC. 6. PAYMENTS FROM THE FUND AND USES OF PAYMENTS.
(a) Designation of Administrative Agency.--The Secretary, in
consultation with the Secretary of State and the Secretary of the
Interior, shall designate or establish a Federal agency to administer
the Fund.
(b) Availability for Administrative Agency.--The interest on any
obligations held in the Fund shall be available, as provided in advance
by an appropriations Act, for payment to the administrative agency for
use in accordance with this section.
(c) Use by Administrative Agency.--The administrative agency shall
administer funds provided under subsection (b) and direct the funds to
the following to support activities carried out by qualified United
States and international organizations that have as a common purpose
the preservation and protection of cultural resources that are
significantly at risk:
(1) Endangered cultural resources in the united states.--
(A) In general.--The administrative agency shall
provide funding awards, released incrementally and on a
matching basis, to support stabilization and
conservation measures for endangered cultural resources
in the United States.
(B) Qualifications for award.--An award under
subparagraph (A) shall be made on a competitive basis
to a governmental or nongovernmental entity that has
demonstrated an ability to implement a conservation
program in accordance with prescribed United States
standards for conservation and rehabilitation, as
specified by the Secretary of the Interior in
accordance with the National Historic Preservation Act
(16 U.S.C. 470 et seq.).
(C) Qualified sites.--A site that has been listed
as endangered by the National Trust for Historic
Preservation, the United States National Park Service,
or the World Monuments Fund shall be qualified to
receive an award under subparagraph (A).
(2) Endangered cultural resources outside the united
states.--
(A) In general.--The administrative agency shall
provide funding awards, released on a matching basis,
to support stabilization and conservation measures for
endangered cultural resources outside the United
States.
(B) Qualifications for award.--An award under
subparagraph (A) shall be made on a competitive basis
to a governmental or nongovernmental entity responsible
for a site that has demonstrated an ability to
implement a conservation program that will
significantly advance the state of conservation of the
endangered site.
(C) Qualified sites.--A site that has been listed
as endangered by the World Monuments Fund or the World
Heritage Center shall be qualified to receive an award
under subparagraph (A).
(3) Grants and fellowships.--The administrative agency
shall provide grants or fellowships that engage--
(A) United States professionals in historic
preservation; and
(B) United States and foreign graduate-level
students in--
(i) onsite conservation programs supported
under this Act; and
(ii) the development of plans to protect
endangered cultural resources.
(4) Public education.--The administrative agency shall
support programs to educate and engage the public, including
citizens, students, and school children, in a concern for the
preservation of endangered cultural resources.
(5) Seminars and conferences.--The administrative agency
shall provide grants to qualified organizations to conduct
seminars, conferences, and other similar workshops designed to
facilitate collaboration and cooperation between the United
States and foreign institutions, private specialists, and site
managers in the conservation of endangered cultural resources.
(d) Other Expenditures.--Not more than 10 percent of the funds made
available under subsection (b) for any fiscal year may be used by the
administrative agency to--
(1) award contracts for projects chosen for support under
subsection (c);
(2) disseminate information about the Fund and solicit
proposals (which shall include cost-sharing provisions) from
site mangers, United States institutions of higher education,
and other qualified entities and persons to participate in the
conservation of qualifying sites and related programs; and
(3) prepare documentation about projects supported under
subsection (c) and disseminate the documentation through
publications and electronic media.
(e) Expert Advisors.--A project shall be selected for support under
subsection (c) by a panel of expert advisors, including a
representative of--
(1) the United States Committee of the International
Council on Monuments and Sites;
(2) the National Park Service;
(3) the National Trust for Historic Preservation;
(4) the College Art Association; and
(5) the Advisory Council for Historic Preservation.
(f) Payments.--
(1) Time.--The administrative agency shall make an award
authorized under this section as soon as practicable after
approval of an application, pending the acquisition of any
matching funds by the recipient of the award.
(2) Form.--The administrative agency may make an award
authorized under this section in installments, in advance, or
by way of reimbursement, and may make necessary adjustments on
account of any overpayment or underpayment.
SEC. 7. APPLICATIONS.
(a) In General.--The administrative agency shall prepare and submit
an application to the Secretary once each fiscal year that--
(1) provides a description of the purposes for which any
grant award will be used; and
(2) provides such fiscal control and such accounting
procedures as are necessary--
(A) to ensure a proper accounting of grant awards
paid to the applicant under this Act; and
(B) to ensure the verification of the costs of the
continuing education program furnished by the grant
recipient.
(b) Expeditious Approval.--The Secretary shall expeditiously
approve any application that meets the requirements of this section.
SEC. 8. MANAGEMENT OF THE FUND.
(a) Investments.--
(1) In general.--The Secretary shall invest such portion of
the Fund as is not, in the judgment of the Secretary, required
to meet current withdrawals.
(2) Types of investment.--Investments may be made only in
interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by the
United States.
(3) Acquisition of investments.--Obligations may be
acquired only--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(4) Special obligations.--
(A) In general.--Notwithstanding chapter 31 of
title 31, United States Code, the Secretary may issue
special obligations at par exclusively to the Fund.
(B) Interest.--A special obligations shall bear
interest at a rate equal to the average rate of
interest, computed as of the end of the calendar month
next preceding the date of the obligation, borne by all
marketable interest-bearing obligations of the United
States then forming a part of the public debt, except
that if the average rate is not a multiple of \1/8\
percent, the rate of interest of the special obligation
shall be the multiple of \1/8\ percent next lower than
the average rate.
(C) Public interest.--Special obligations shall be
issued only if the Secretary determines that the
purchase of other interest-bearing obligations of the
United States, or of obligations guaranteed as to both
principal and interest by the United States on original
issue or at the market price, is not in the public
interest.
(b) Sale and Redemption.--
(1) In general.--An obligation acquired by the Fund (except
a special obligation issued under subsection (a)(4)) may be
sold by the Secretary at market price.
(2) Special obligations.--A special obligation issued under
subsection (a)(4) may be redeemed at par plus accrued interest.
(c) Proceeds and Interest.--The interest on, and the proceeds from
the sale or redemption of, any obligation held in the Fund shall be
credited to and form a part of the Fund.
SEC. 9. REPORT.
The administrative agency shall prepare and submit to the President
and Congress at the end of every other fiscal year in which the
administrative agency receives assistance under this Act a report on
the activities of the administrative agency and such recommendations as
the administrative agency considers advisable. | Endangered Cultural Heritage Act of 1996 - Establishes in the Treasury an Endangered Cultural Heritage Fund. Authorizes appropriations.
Directs the Secretary of the Treasury to designate or establish a Federal agency to administer the Fund.
Requires use of the Fund to support activities by qualified U.S. and international organizations to preserve and protect cultural resources that are significantly at risk, at qualified sites both inside and outside the United States.
Requires the designated agency to provide grants or fellowships that engage: (1) U.S. professionals in historic preservation; and (2) U.S. and foreign graduate students in onsite conservation and development of plans to protect endangered cultural resources. Directs the agency to support public education programs, seminars, conferences, and other activities. | {"src": "billsum_train", "title": "Endangered Cultural Heritage Act of 1996"} | 2,555 | 164 | 0.541401 | 1.521036 | 0.790769 | 2.914894 | 17.085106 | 0.900709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Child Summer Hunger Act of
2015''.
SEC. 2. SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM.
Section 13(a) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1761(a)) is amended by adding at the end the following:
``(13) Summer electronic benefits transfer for children
program.--
``(A) Definitions.--In this paragraph:
``(i) Eligible household.--The term
`eligible household' means a household that
includes 1 or more children who are eligible to
receive free or reduced price lunches under
this Act or free or reduced price breakfasts
under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
``(ii) Summer ebt card.--The term `summer
EBT card' means an electronic benefit transfer
card that is issued to an eligible household
under this paragraph and limited to food
purchases.
``(B) Program.--The Secretary shall establish a
program under which the Secretary shall provide to
eligible households summer EBT cards for the purpose of
providing access to food for children during summer
months--
``(i) to reduce or eliminate the food
insecurity and hunger of children; and
``(ii) to improve the nutritional status of
children.
``(C) Use.--An eligible household may use a summer
EBT card only to purchase food from retail food stores
that have been approved for participation in the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.), in accordance with section 7(b) of that Act
(7 U.S.C. 2016(b)).
``(D) Amount.--Each summer EBT card issued shall be
in an amount of--
``(i) for calendar year 2017, $150 in food
assistance per child per summer; and
``(ii) for each subsequent calendar year,
the amount specified in clause (i) as adjusted
to reflect changes in reimbursement rates for
school meals under this Act between calendar
year 2017 and the most recent calendar year.
``(E) Timing.--Summer EBT cards shall be issued at
the end of the regular school year.
``(F) Funding.--
``(i) In general.--On October 1, 2016, and
on each October 1 thereafter, out of any funds
in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary such sums as are necessary to carry
out this section, to remain available until
expended.
``(ii) Receipt and acceptance.--The
Secretary shall be entitled to receive, shall
accept, and shall use to carry out this section
the funds transferred under clause (i), without
further appropriation.
``(G) Regulations.--
``(i) In general.--Not later than October
1, 2016, the Secretary shall issue regulations
to carry out this paragraph.
``(ii) Requirements.--Regulations issued
under this subparagraph shall require that--
``(I) children shall be eligible to
participate and shall be enrolled into
the program under this paragraph for a
summer without further application if
the children are enrolled to
participate in the free or reduced
price lunch program under this Act or
the free or reduced price breakfast
program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.) during
the school year immediately preceding
the summer; and
``(II) local educational agencies
shall distribute to the families of all
children enrolled in schools
participating in programs authorized
under this Act and the Child Nutrition
Act of 1966 (42 U.S.C. 1771 et seq.)
and, to the maximum extent practicable,
the families of all children enrolled
in schools of the local educational
agency information, as provided by the
Secretary--
``(aa) regarding the
program authorized under this
paragraph, including
eligibility rules and how
children in eligible households
that are not automatically
enrolled under subclause (I)
may apply for program benefits;
and
``(bb) to assist households
receiving summer EBT cards in
making healthy food choices and
maximizing resources.
``(iii) Alternative timing.--
``(I) In general.--In issuing
regulations under this subparagraph,
the Secretary shall allow alternative
plans for the timing of issuance of the
summer electronic benefit cards under
subparagraph (D) in any part of a State
in which the school year does not
include a typical summer break, on the
condition that the Secretary determines
that no alternative plan increases or
decreases Federal costs.
``(II) Considerations.--In
developing regulations under subclause
(I), the Secretary shall consider the
ability of a State effectively to issue
benefits under an alternative
schedule.''. | Stop Child Summer Hunger Act of 2015 This bill amends the Richard B. Russell National School Lunch Act to require the Department of Agriculture to establish a program providing eligible households with summer Electronic Benefits Transfer (EBT) cards in order to give children access to food during the summer months to: (1) reduce or eliminate children's food insecurity and hunger, and (2) improve their nutritional status. An "eligible household" is a household that includes one or more children who are eligible to receive free or reduced price meals under the school lunch or breakfast programs. The amount on each summer EBT card is set at $150 per child in 2017, with adjustments thereafter reflecting changes in reimbursement rates for school meals under the school lunch program. If children are enrolled to receive free or reduced price meals under the school lunch or breakfast programs, they must be enrolled in this program without further application. Summer EBT cards may be used only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program (SNAP, formerly known as the food stamp program). | {"src": "billsum_train", "title": "Stop Child Summer Hunger Act of 2015"} | 1,104 | 226 | 0.724123 | 1.887897 | 0.805539 | 2.909524 | 4.752381 | 0.890476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Culture of
Violence in America Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the Commission to
Study the Culture of Violence in America (hereinafter the
``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) examine the glorification of violence in the United
States;
(2) examine the relationship between psychological stress
and increased violence;
(3) examine the role of the media in the violent atmosphere
prevalent today;
(4) examine the correlation, if any, between ease of access
to firearms and increased violence;
(5) examine the role of the school system in identifying
potential perpetrators of violence; and
(6) make findings and conclusions, and recommend potential
solutions (including recommendations for legislation and
administrative action) to alleviate the problems of
glorification of violence in the United States.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 22
members (hereinafter the ``members'') who shall be appointed as
follows:
(1) 10 members appointed by the President.
(2) 3 members appointed by the majority leader of the House
of Representatives.
(3) 3 members appointed by the minority leader of the House
of Representatives.
(4) 3 members appointed by the majority leader of the
Senate.
(5) 3 members appointed by the minority leader of the
Senate.
(b) Qualifications.--
(1) In general.--Members shall have special knowledge of or
experience in the issue of violence in America, and may include
sociologists, psychologists, clergy, school counselors, law
enforcement officials, victims of violence, and representatives
from the media and the entertainment and gun industries.
(2) Political affiliation.--Political affiliation shall not
be a determining factor in the appointment of members.
(c) Deadline for Appointment.--Every original member shall be
appointed to the Commission not later than 90 days after the date of
enactment of this Act.
(d) Terms and Vacancies.--Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(e) Basic Pay.--Members shall not be paid by reason of their
service as members.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with section
5703 of title 5, United States Code.
(g) Quorum.--Nine members shall constitute a quorum for conducting
the business of the Commission, but a lesser number may hold hearings.
(h) Chairperson.--The members shall elect one member to act as the
Chairperson of the Commission (hereinafter the ``Chairperson'').
(i) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 5. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
Commission personnel as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of the department or agency to
assist the Commission in carrying out the duties of the Commission.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may hold hearings, sit
and act at times and places, take testimony, and receive evidence as
the Commission considers appropriate to carry out this Act.
(b) Powers of Members and Agents.--The Commission may delegate to a
member or agency any authority of the Commission under subsection (c)
or (e).
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chairperson, the head of the department or agency shall furnish
the information to the Commission.
(d) 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 duties.
(e) Contract Authority.--The Commission may contract with and
compensate Government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT OF COMMISSION.
The Commission shall transmit a report to the President and the
Congress not later than one year after the date that all original
members have been appointed to the Commission. The report shall contain
a detailed statement of the findings, conclusions, and recommendations
of the Commission.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submitting the report
required by section 7. | Commission to Study the Culture of Violence in America Act - Establishes the Commission to Study the Culture of Violence in America to examine the: (1) glorification of violence in the United States; (2) relationship between psychological stress and increased violence; (3) media's role in the violent atmosphere; (4) correlation between ease of access to firearms and increased violence; and (5) role of the school system in identifying potential perpetrators of violence. Directs the Commission to recommend potential solutions to the problems of glorification of violence in the United States. | {"src": "billsum_train", "title": "To establish a commission to study the culture and glorification of violence in America."} | 1,207 | 116 | 0.674671 | 1.932585 | 0.643074 | 4.333333 | 9.990741 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save the Children Act of 2016''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) thousands of Syrian children face a humanitarian crisis
due to the sustained civil war violence in Syria and have been
displaced to refugee camps in surrounding countries where their
personal safety and welfare is threatened;
(2) ample numbers of United States citizens,
nongovernmental organizations, and state governments and
instrumentalities would welcome the opportunity to provide
temporary support to young child refugees from Syria during the
ongoing humanitarian crisis;
(3) the Secretary of State, Attorney General, Secretary of
Homeland Security, and Secretary of Health and Human Services
should make every effort to facilitate the temporary relocation
and immediate care of up to 25,000 young Syrian minor children
refugees who either are orphaned to the extent that can be
established by proper authorities, or whose proper guardians
transfer custody of the children to representatives of the
United States as established by its proper officials, into the
United States over a period of three years from the date of
enactment of this Act; and
(4) the Secretary of State, Attorney General, Secretary of
Homeland Security, and Secretary of Health and Human Services
should make every effort to facilitate family reunification or
safe relocation of these young Syrian child refugees to Syria
after there is a sustained, substantial reduction of civil war
violence in Syria and a substantial reduction in the numbers of
newly displaced Syria inhabitants, such time as defined by the
Department of State.
SEC. 3. SAVE THE CHILDREN PROGRAM.
(a) In General.--The Secretary of State, Attorney General,
Secretary of Homeland Security, and Secretary of Health and Human
Services shall establish the Save the Children Program to grant visas
allowing certain young minor children from Syria between the ages of
three and ten to enter and remain in the United States until there is a
sustained, substantial reduction of civil war violence in Syria and a
substantial reduction in the numbers of newly displaced Syria
inhabitants, such time as defined by the Department of State. Following
such time as the Department of State does make this designation, there
shall be an additional six months grace period before the visas expire,
so that due diligence can be done to identify the proper guardians of
these young minor children so they may be reunified with their
families. Only such qualifying children whose established guardians are
physically present to relinquish custody to the proper United States
representatives, or those children who can be established to be
orphaned, shall be eligible for such a visa.
(b) Office of Coordination.--
(1) Establishment.--
(A) There is established in the Office of Refugee
Resettlement of the Department of Health and Human
Services a Coordinator of the Save the Children Program
(hereinafter, ``Coordinator'').
(B) The Coordinator shall have the supervisory
authority for the operations of the Program in the
United States.
(C) The Coordinator of the Save the Children
Program shall be appointed by and report to the
Secretary of Health and Human Services.
(2) Staff.--
(A) With the approval of the Office of Personnel
Management, the Coordinator may appoint and fix the pay
of additional personnel as the Coordinator considers
appropriate. Any such personnel may include private
citizens or employees of the Federal Government,
provided, however, that the Coordinator may not fix the
pay of employees of the Federal Government.
(B) Upon request of the Coordinator, the head of
any Federal department or agency may detail, on a
reimbursable or nonreimbursable basis, and in
accordance with the Intergovernmental Personnel Act of
1970 (5 U.S.C. 3371-3375), any of the personnel of that
department or agency to the Office to assist it in
carrying out its duties under this Act.
(C) The Coordinator shall use the staff and
resources of the Division of Unaccompanied Children's
Services (as described by section 462 of the Homeland
Security Act of 2002 (2 U.S.C. 279)).
(3) Operations.--
(A) The Coordinator shall have the responsibility
of identifying which young minor children qualify for
the Program, including by properly obtaining custody of
the children from their proper guardians or
establishing that an eligible child is orphaned, and
implementing the temporary resettlement in the United
States of young minor children admitted pursuant to the
Program, consistent with the laws of applicable states
and instrumentalities of the United States,
international agreements, and the foreign policy and
domestic security interests of the United States.
(B) The Coordinator shall cooperate with
appropriate and approved nongovernmental organizations
and government authorities of the states and
instrumentalities of the United States to implement the
Program and to assist those admitted under the Program.
(C) The Coordinator shall consult with the
Secretary of State, Attorney General, and Secretary of
Homeland Security, or their designees, on the
operations of the Program and to ensure that all
operations of the Program are consistent with the laws
of applicable states and instrumentalities of the
United States, international agreements, the foreign
policy and domestic security interests of the United
States, and the goal of family reunification no more
than six months after there is a sustained, substantial
reduction of civil war violence in Syria and a
substantial reduction in the numbers of newly displaced
Syria inhabitants, such time as defined by the
Department of State.
(c) Sunset.--
(1) Except as provided by paragraph (2), the Program shall
terminate six months after certification by the Secretary of
State that there is a sustained, substantial reduction of civil
war violence in Syria and a substantial reduction in the
numbers of newly displaced Syria inhabitants.
(2) Six months after certification by the Secretary of
State that there is a sustained, substantial reduction of civil
war violence in Syria and a substantial reduction in the
numbers of newly displaced Syria inhabitants, such time as
defined by the Department of State, the Office, in consultation
with the Departments of State, Justice, and Homeland Security,
shall make every effort to reunite minor children admitted to
the United States pursuant to the Program with their parents,
other close relatives, or appropriate caretakers, as required
by, and to the extent permitted by, international agreements
and the laws of the United States.
(3) Notwithstanding any law to the contrary, the Program
may be suspended or terminated if the President determines that
such suspension or termination is warranted by the foreign
policy and domestic security interests of the United States.
(d) Appropriations.--
(1) There are authorized to be appropriated for each fiscal
year such sums as may be necessary to carry out the purposes of
this section.
(2) Upon designation by the President, the Office is
authorized to use funds appropriated pursuant to the Migration
and Refugee Assistance Act of 1962 (22 U.S.C. 2601) to carry
out the purposes of this section.
(e) Reporting Requirement.--Not later than 180 days after the date
of the enactment of this Act, the Coordinator shall submit a written
report to Congress that contains the details of the implementation of
the Program developed under this section.
SEC. 4. TEMPORARY NONIMMIGRANT VISA.
(a) In General.--The Program under section (b) shall provide for
the admission of not more than 5,000 alien minor children between the
ages of three and ten years old, under section 101(a)(15)(W) of the
Immigration and Nationality Act in the first program year, and then
10,000 additional alien minor children for each of the second and third
program years, and shall give preference to those minor children
already in the custody of the United States or any of its allies
outside Syria on the date of enactment.
(b) Temporary Nonimmigrant Visa.--Section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. section 1101(a)(15)) is
amended by inserting at the end--
``(W) until such time that the Secretary of State
certifies that there is a sustained, substantial
reduction of civil war violence in Syria and a
substantial reduction in the numbers of newly displaced
Syria inhabitants, such time as defined by the
Department of State, pursuant to Section 3(c)(1) of the
Syrian Civil War Minor Child Protection Act of 2016, an
alien who--
``(i) is resident in Syria or who was born
in Syria but is currently present in another
country as a displaced person or refugee;
``(ii) is between three and ten years of
age at the time of the enactment of the Act;
and
``(iii) has been approved pursuant to
policies promulgated by the Secretary of State,
in consultation with the Secretary of Health
and Human Services, Attorney General, and
Secretary of Homeland Security, to reside in
the United States temporarily pursuant to the
Save the Children Program.''.
(c) Ability To Remain in the United States.--Notwithstanding any
law to the contrary, and as required by, and to the extent permitted
by, international agreements, aliens admitted to the United States
pursuant to the Save the Children Act of 2016 may remain in the United
States until the Secretary of State certifies that there is a
sustained, substantial reduction of civil war violence in Syria and a
substantial reduction in the numbers of newly displaced Syria
inhabitants, such time as defined by the Department of State, pursuant
to Section 3(c)(1) of the Act, and providing a six month grace period
for efforts at reunification as established herein. | Save the Children Act of 2016 This bill directs the Departments of State, Justice, Homeland Security (DHS), and Health and Human Services to establish the Save the Children program to grant nonimmigrant visas to certain young minor children from Syria between the ages of 3 and 10 to enter and remain in the United States until there is a sustained reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants. The bill establishes in the DHS Office of Refugee Resettlement a Coordinator of the Save the Children program. The program shall terminate six months after the State Department certifies that there is a sustained reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants. The program provides for the admission of not more than 5,000 children in the first year and 10,000 children for each of the second and third years. The bill amends the Immigration and Nationality Act to establish a nonimmigrant W-visa for an alien who: (1) is resident in or was born in Syria but is currently a displaced person or refugee living in another country, (2) is between 3 and 10 years old, and (3) has been approved by the State Department to temporarily reside in the United States. Program aliens may remain in the United States until the State Department certifies that there is a sustained reduction of civil war violence in Syria and a substantial reduction in the numbers of newly displaced Syria inhabitants, with a six-month grace period for reunification efforts. | {"src": "billsum_train", "title": "Save the Children Act of 2016"} | 2,046 | 328 | 0.683686 | 2.037587 | 0.745004 | 4.962712 | 6.620339 | 0.942373 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Total Repeal of
the Unfair Taxes on Healthcare Act of 2012'' or as the ``TRUTH Act of
2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Repeal of excise tax on comprehensive health plans.
Sec. 3. Repeal of surtax on investment income.
Sec. 4. Repeal of disqualification of expenses for over-the-counter
drugs under health flexible spending
arrangements and health savings accounts.
Sec. 5. Repeal of increase in tax on nonqualified distributions from
health savings accounts.
Sec. 6. Repeal of limitation on health flexible spending arrangements
under cafeteria plans.
Sec. 7. Repeal of increased threshold for itemized deduction for
medical expenses.
Sec. 8. Repeal of excise tax on indoor tanning services.
Sec. 9. Repeal of individual health insurance mandate.
Sec. 10. Repeal of employer health insurance mandate.
Sec. 11. Repeal of excise tax on medical devices.
Sec. 12. Repeal of annual fee on branded prescription drug
manufacturers.
Sec. 13. Repeal of annual fee on health insurance providers.
Sec. 14. Repeal of study and report on repealed provisions.
SEC. 2. REPEAL OF EXCISE TAX ON COMPREHENSIVE HEALTH PLANS.
Chapter 43 of the Internal Revenue Code of 1986 is amended by
striking section 4980I (and by striking the item relating to such
section in the table of sections for such chapter).
SEC. 3. REPEAL OF SURTAX ON INVESTMENT INCOME.
(a) In General.--Subtitle A of the Internal Revenue Code of 1986 is
amended by striking chapter 2A and by striking the item relating to
chapter 2A from the table of chapters for such subtitle.
(b) Conforming Amendments.--Section 6654 of such Code is amended--
(1) in subsection (a), by striking ``the tax under chapter
2, and the tax under chapter 2A'' and inserting ``and the tax
under chapter 2'', and
(2) in subsection (f)--
(A) by striking ``plus'' at the end of paragraph
(2) and inserting ``minus'', and
(B) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 4. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER
DRUGS UNDER HEALTH FLEXIBLE SPENDING ARRANGEMENTS AND
HEALTH SAVINGS ACCOUNTS.
(a) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of the Internal Revenue Code of 1986 is
amended by striking subsection (f).
(b) HSAs.--Subparagraph (A) of section 223(d)(2) of such Code is
amended by striking the last sentence.
(c) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of such
Code is amended by striking the last sentence.
(d) Effective Dates.--
(1) Reimbursements.--The amendment made by subsection (a)
shall apply to expenses incurred with respect to taxable years
beginning after December 31, 2010.
(2) Distributions from savings accounts.--The amendments
made by subsections (b) and (c) shall apply to amounts paid
with respect to taxable years beginning after December 31,
2010.
SEC. 5. REPEAL OF INCREASE IN TAX ON NONQUALIFIED DISTRIBUTIONS FROM
HEALTH SAVINGS ACCOUNTS.
(a) HSAs.--Section 223(f)(4)(A) of the Internal Revenue Code of
1986 is amended by striking ``20 percent'' and inserting ``10
percent''.
(b) Archer MSAs.--Section 220(f)(4)(A) of such Code is amended by
striking ``20 percent'' and inserting ``15 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2010.
SEC. 6. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS
UNDER CAFETERIA PLANS.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
is amended by striking subsection (i).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2012.
SEC. 7. REPEAL OF INCREASED THRESHOLD FOR ITEMIZED DEDUCTION FOR
MEDICAL EXPENSES.
(a) In General.--Subsection (a) of section 213 of the Internal
Revenue Code of 1986 is amended by striking ``10 percent'' and
inserting ``7.5 percent''.
(b) Conforming Amendments.--
(1) Section 56(b)(1)(B) of such Code is amended by striking
``without regard to subsection (f) of such section'' and
inserting ``by substituting `10 percent' for `7.5 percent'''.
(2) Section 213 of such Code is amended by striking
subsection (f).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 8. REPEAL OF EXCISE TAX ON INDOOR TANNING SERVICES.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by striking chapter 49 (and by striking the item relating to
such chapter in the table of chapters for such subtitle).
(b) Effective Date.--The amendment made by this section shall apply
to services performed after the date of the enactment of this Act.
SEC. 9. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE.
Section 5000A of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(h) Termination.--This section shall not apply with respect to
any month beginning after the date of the enactment of this
subsection.''.
SEC. 10. REPEAL OF EMPLOYER HEALTH INSURANCE MANDATE.
(a) In General.--Chapter 43 of the Internal Revenue Code of 1986 is
amended by striking section 4980H.
(b) Repeal of Related Reporting Requirements.--Subpart D of part
III of subchapter A of chapter 61 of such Code is amended by striking
section 6056.
(c) Conforming Amendments.--
(1) Subparagraph (B) of section 6724(d)(1) of such Code is
amended by inserting ``or'' at the end of clause (xxiii), by
striking ``and'' at the end of clause (xxiv) and inserting
``or'', and by striking clause (xxv).
(2) Paragraph (2) of section 6724(d) of such Code is
amended by inserting ``or'' at the end of subparagraph (FF), by
striking ``, or'' at the end of subparagraph (GG) and inserting
a period, and by striking subparagraph (HH).
(3) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4980H.
(4) The table of sections for subpart D of part III of
subchapter A of chapter 61 of such Code is amended by striking
the item relating to section 6056.
(5) Section 1513 of the Patient Protection and Affordable
Care Act is amended by striking subsection (c).
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
months and other periods beginning after December 31, 2013.
(2) Repeal of study and report.--The amendment made by
subsection (c)(5) shall take effect on the date of the
enactment of this Act.
SEC. 11. REPEAL OF EXCISE TAX ON MEDICAL DEVICES.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E (and by striking the item relating to
such subchapter in the table of subchapters of such chapter).
(b) Conforming Amendments.--
(1) Section 4221(a) of such Code is amended by striking the
last sentence.
(2) Section 6416(b)(2) of such Code is amended by striking
the last sentence.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2012.
SEC. 12. REPEAL OF ANNUAL FEE ON BRANDED PRESCRIPTION DRUG
MANUFACTURERS.
(a) In General.--The Patient Protection and Affordable Care Act is
amended by striking section 9008.
(b) Conforming Amendment.--Section 1841(a) of the Social Security
Act is amended by striking ``or section 9008(c) of the Patient
Protection and Affordable Care Act of 2009''.
(c) Effective Date.--The amendment made by this section shall apply
to calendar years beginning after December 31, 2011.
SEC. 13. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.
(a) In General.--The Patient Protection and Affordable Care Act is
amended by striking section 9010.
(b) Effective Date.--The amendment made by this section shall apply
to calendar years beginning after December 31, 2013.
SEC. 14. REPEAL OF STUDY AND REPORT ON REPEALED PROVISIONS.
The Patient Protection and Affordable Care Act is amended by
striking section 9011. | Total Repeal of the Unfair Taxes on Healthcare Act of 2012 or the TRUTH Act of 2012 - Amends the Internal Revenue Code, with respect to health care provisions added by the Patient Protection and Affordable Care Act (PPACA) and the Health Care and Education Reconciliation Act of 2010, to repeal: (1) the excise tax on the excess benefit from certain high cost employer-sponsored health coverage plans; (2) the excise tax on net investment income in the Medicare taxable base; (3) the prohibition against payments from health flexible spending arrangements, health savings accounts (HSAs), and Archer medical savings accounts (MSAs) for over-the-counter drugs; (4) the increased penalty on distributions from an HSA or Archer MSA not used for qualified medical expenses; (5) the limitation on annual salary reduction contributions by an employee to a health flexible spending arrangement under a cafeteria plan; (6) the increase in the income threshold for claiming an itemized deduction for medical expenses; (7) the excise tax on indoor tanning services; (8) the requirement that individuals maintain minimal essential health care coverage; and (9) the excise tax on medical devices.
Repeals provisions of PPACA that require: (1) annual fees on branded prescription drug manufacturers and importers and on health insurance providers, and (2) a report by the Secretary of Veteran Affairs (VA) on the effect of fees assessed by such Act on the cost of medical care provided to veterans and on access by veterans to medical devices and branded prescription drugs. | {"src": "billsum_train", "title": "To repeal certain tax increases enacted as part of health care reform."} | 2,264 | 327 | 0.59697 | 1.779754 | 0.717593 | 2.073579 | 6.143813 | 0.802676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chief Manufacturing Officer Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The manufacturing sector consists of establishments
that are primarily engaged in the transformation of materials,
substances, or components into products.
(2) The Federal Government supports manufacturing in a
variety of ways; manufacturing-related activities are scattered
in several agencies in the executive branch.
(3) Manufacturing employment, output, and exports are
impacted by tax policies, the state of infrastructure and
transportation, small business regulations, environmental
regulations, trade policies, innovation ecosystems, workforce
development, and education initiatives, with national security
implications.
(4) Manufacturers account for 12 percent of the total gross
domestic product output in the United States, employing 9
percent of the workforce. Total output from manufacturing is
more than 2 trillion dollars. There are more than 12 million
manufacturing employees in the United States, with an average
annual compensation of about $80,000.
(5) Legislative policies and executive actions often result
in unintended, inconsistent, and conflicting outcomes with
respect to the growth of manufacturing in the United States.
(b) Sense of Congress.--It is the sense of Congress that a well-
designed national manufacturing strategy would benefit the United
States economy in several important ways:
(1) A revitalized manufacturing sector would enable the
United States to derive more of its economic growth from
exports and domestic production than the United States has in
the past two decades.
(2) Average domestic wages would rise in response to
growing manufacturing output, as manufacturing jobs
historically have paid higher wages and benefits than
nonmanufacturing jobs.
(3) A growing manufacturing sector would help lay a
foundation for future United States economic growth, since
manufacturing industries perform the vast share of private-
sector research and development, which fuels the innovation
that serves as a primary engine of economic growth.
(4) The United States would expand its long-standing
leadership in advanced manufacturing technologies with Federal
investments in manufacturing research and development,
education, and workforce training.
(5) There has always been a strong connection between
domestic manufacturing and national defense and homeland
security. A strong and innovative manufacturing industry will
maintain the superiority of the United States military and will
allow for an unquestionable ability to respond quickly to
threats and catastrophes.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(3) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described under
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.
(5) State educational agency.--The term ``State educational
agency'' has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act (20 U.S.C. 7801).
SEC. 4. UNITED STATES CHIEF MANUFACTURING OFFICER.
(a) Appointment.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the President shall appoint a United
States Chief Manufacturing Officer (referred to in this section
as the ``Chief Manufacturing Officer'').
(2) Qualifications.--The President shall select the Chief
Manufacturing Officer from among individuals who have basic
qualifications and expertise in manufacturing technology and
policy.
(3) Reporting.--The position of Chief Manufacturing Officer
shall be in the Executive Office of the President and shall
report to the President through the Chief of Staff.
(4) National economic council.--The Chief Manufacturing
Officer shall be a member of the National Economic Council.
(b) Pay.--The annual rate of pay for the Chief Manufacturing
Officer shall be an Executive Schedule rate of pay (subchapter II of
chapter 53 of title 5, United States Code), as determined by the
President, commensurate with the qualifications and expertise of the
individual appointed to be such Officer.
(c) Duties.--The duties of the Chief Manufacturing Officer are as
follows:
(1) To develop the national manufacturing strategy
described in subsection (d) not later than May 1, 2018.
(2) To advise the President on policy issues that affect
the economic activities and the workforce of the manufacturing
sector.
(3) To foster the coordination of manufacturing-related
policies and activities across agencies by--
(A) encouraging the use of best innovative
manufacturing practices across the Federal Government;
(B) ensuring the use of best information
technologies and cybersecurity practices for
manufacturing; and
(C) analyzing the status of manufacturing
technology needs across agencies.
(4) To conduct technology policy analyses to improve United
States manufacturing productivity, technology, and innovation,
and cooperate with the United States manufacturing industry in
the improvement of its productivity, technology, and ability to
compete successfully in world markets.
(5) To determine the influence of economic, labor, and
other conditions, industrial structure and management, and
government policies on technological developments in
manufacturing sectors worldwide.
(6) To identify technological needs, problems, and
opportunities within and across the manufacturing sector that,
if addressed, could make a significant contribution to the
economy of the United States.
(7) To assess whether the capital, technical, and other
resources being allocated to manufacturing are likely to
generate new technologies, are adequate to meet private and
social demands for goods and services, and are sufficient to
promote productivity and economic growth.
(8) To propose studies and policy experiments, in
cooperation with agencies, to determine the effectiveness of
measures with the potential of advancing United States
technological innovation in manufacturing.
(9) To encourage the creation of joint initiatives by State
and local governments, regional organizations, private
companies, institutions of higher education, nonprofit
organizations, or Federal laboratories to encourage technology
transfer, to stimulate innovation, and to promote an
appropriate climate for investment in manufacturing-related
industries.
(10) To propose manufacturing-related cooperative research
involving appropriate agencies, State or local governments,
regional organizations, institutions of higher education,
nonprofit organizations, or private companies to promote the
common use of resources, to improve training programs and
curricula, to stimulate interest in high technology
manufacturing careers, and to encourage the effective
dissemination of manufacturing technology skills within the
wider community.
(11) To serve as a focal point for discussions among
companies that manufacture in the United States on topics of
interest to the manufacturing industry and workforce, including
discussions regarding emerging and advanced technologies.
(12) To promote Federal Government measures, including
legislation, regulations, and policies with the potential of
advancing United States technological innovation in
manufacturing and exploiting manufacturing innovations of
foreign origin.
(13) To develop strategies and policies that would
encourage manufacturing enterprises to maintain production
facilities and retain manufacturing jobs in the United States
and use manufacturing supply chains based in the United States.
(14) To support communities negatively impacted by the
closure or relocation of manufacturing facilities by promoting
efforts to revitalize communities for new manufacturing
enterprises.
(15) To assist States in their economic development plans
for manufacturing and in their efforts to relocate
manufacturing facilities within the United States rather than
moving manufacturing outside of the United States.
(16) To promote the goals of the Network for Manufacturing
Innovation Program established under section 34 of the National
Institute of Standards and Technology Act (15 U.S.C. 278s).
(17) To encourage participation of public and private
organizations, State educational agencies, and institutions of
higher education in the annual celebration of National
Manufacturing Day to enhance the public perception of
manufacturing.
(18) To perform such other functions or activities as the
President may assign.
(d) National Manufacturing Strategy.--
(1) In general.--The national manufacturing strategy
developed under subsection (c)(1) shall contain a summary of
the current state of manufacturing in the Federal Government
and comprehensive strategies for--
(A) identifying and addressing the anticipated
workforce needs of the manufacturing sector;
(B) strengthening education and the required
training and certifications for manufacturing;
(C) creating training and appropriate career paths
to manufacturing jobs for veterans and others that have
become unemployed;
(D) promoting the development of quality control
and other technical standards;
(E) maintaining reliable physical and
telecommunications infrastructure, and the required
investments in infrastructure projects, as needed, for
manufacturing;
(F) analyzing the status of manufacturing
technology needs in the industrial sector and providing
recommendations for economic and labor force
expansions;
(G) monitoring technology directions and analyzing
strengths, weaknesses, threats, and opportunities in
the United States manufacturing sector;
(H) implementing appropriate tax incentives and
credits to assist manufacturing enterprises in
improving their competitiveness;
(I) recommending Federal and State regulations to
reduce the cost of manufacturing and improve
productivity;
(J) promoting the export of United States
manufactured goods and enforcement of fair trading
rules;
(K) identifying other forms of assistance to
companies that manufacture in the United States to
successfully compete in world markets;
(L) coordinating the United States national
manufacturing strategy with the manufacturing strategy
of each State to ensure a well-integrated national
strategy; and
(M) addressing such other issues as the President
determines necessary.
(2) Incorporation of other strategic plans.--The Chief
Manufacturing Officer shall incorporate into the national
manufacturing strategy described in paragraph (1) the
following:
(A) The national strategic plan for advanced
manufacturing developed under section 102(c) of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C.
6622(c)).
(B) The strategic plan developed for the Network
for Manufacturing Innovation Program under section
34(f)(2)(C) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(f)(2)(C)).
(e) Annual Updates.--The Chief Manufacturing Officer, in
consultation with the Director of the Office of Management and Budget,
shall submit annual updates to the President and Congress that describe
the progress made toward--
(1) achieving the objectives of the national strategic plan
for advanced manufacturing developed under section 102(c) of
the America COMPETES Reauthorization Act of 2010 (42 U.S.C.
6622(c)); and
(2) carrying out the national manufacturing strategy
developed under this section, including implementing strategies
for--
(A) promoting innovation and investment in domestic
manufacturing;
(B) supporting the development of a skilled and
diverse manufacturing workforce;
(C) promoting equitable trade policies;
(D) expanding exports of manufactured goods;
(E) enabling global competitiveness;
(F) encouraging sustainability; and
(G) supporting national security. | Chief Manufacturing Officer Act This bill: (1) expresses the sense of Congress that a well-designed national manufacturing strategy would benefit the U.S. economy, and (2) directs the President to appoint a United States Chief Manufacturing Officer, which shall be a member of the National Economic Council. The Officer's duties shall include developing, by May 1, 2018, a national manufacturing strategy, which shall incorporate: (1) the national strategic plan for advanced manufacturing developed under the America COMPETES Reauthorization Act of 2010, and (2) the strategic plan developed for the Network for Manufacturing Innovation Program under the National Institute of Standards and Technology Act. The Officer shall provide annual updates on progress made toward achieving the objectives of such strategic plan for advanced manufacturing and carrying out the strategy developed under this bill. | {"src": "billsum_train", "title": "Chief Manufacturing Officer Act"} | 2,312 | 163 | 0.514943 | 1.521894 | 0.770962 | 3.858065 | 14.96129 | 0.929032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Survey of Cannabis Use Act''.
SEC. 2. SURVEY ON CANNABIS USE BY VETERANS.
(a) In General.--The Secretary of Veterans Affairs shall seek to
enter into an agreement with a federally funded research and
development center to conduct surveys nationwide to measure cannabis
use by veterans.
(b) Selection.--The Secretary shall select a federally funded
research and development center under subsection (a) from among such
centers that has--
(1) expertise and a record of independent, peer-reviewed
publications with respect to--
(A) behavioral health research; and
(B) conducting independent evaluations of mental
health programs using multidisciplinary methods; and
(2) an in-depth knowledge of all State medicinal marijuana
programs and the ability to tailor the surveys under subsection
(a) accordingly.
(c) Conduct of Surveys.--The surveys conducted under subsection (a)
shall meet the following criteria:
(1) One survey shall collect information from veterans who
use cannabis, including both veterans enrolled in the health
care system established under section 1705(a) of title 38,
United States Code, and veterans who are not so enrolled.
(2) One survey shall collect information from health care
providers of the Department of Veterans Affairs.
(3) Each survey shall be conducted in a manner that ensures
the anonymity of the individual being surveyed.
(d) Matters Surveyed.--
(1) Veterans.--The survey described in subsection (c)(1)
shall cover the following subjects:
(A) The current medicinal cannabis use by the
veteran, or the intent or desire by the veteran to use
medicinal cannabis, and the reasons for such use,
intent, or desire.
(B) The conditions, symptoms, or both, that the
veteran uses cannabis to treat.
(C) The types of cannabis and cannabis products
used by the veteran, including with respect to--
(i) tetrahydrocannabinol or cannabidiol
content;
(ii) indica, sativa, mixes, or hybrids; and
(iii) flower, oils, hash or kief,
concentrates (wax, shatter, budder), edibles,
drinks, tinctures, and topical ointments.
(D) Other medications taken by the veteran
concurrently with cannabis and any medications the
veteran stopped using because of the use of cannabis.
(E) How the veteran is self-administering medicinal
cannabis, including--
(i) the method;
(ii) the typical times each day the veteran
self-administers;
(iii) the frequency of different products
per day and for what condition, symptom, or
both; and
(iv) the amounts per product.
(F) The ratings and descriptions of the
effectiveness of using cannabis to treat conditions,
symptoms, or both.
(G) Any experiences with side effects.
(H) The number of different cannabis products tried
before settling on the current product.
(I) The typical source of medical cannabis (such as
a single dispensary, multiple dispensaries, mail order,
or other source), the typical purchase frequency, and
the typical amount purchased.
(J) The sources of information the veteran uses for
products and dosages.
(K) Factors that influence the choice of the
veteran for using a chosen product (such as with
respect to the levels of tetrahydrocannabinol or
cannabidiol content, cost, availability, consistency,
or strain).
(L) Any other matters determined appropriate.
(2) Health care providers.--The survey described in
subsection (c)(2) shall cover the following subjects:
(A) A description of the experience of the health
care provider with respect to patents using medicinal
cannabis.
(B) A description by the health care provider of
how medicinal cannabis is changing patients.
(C) A description of how treatment plans have been
modified after a veteran discloses using cannabis.
(D) Any documentation of the products, dosages, or
frequency of such cannabis use in the medical records
of the veteran.
(E) Reporting of adverse events.
(F) The sources of information used by the health
care provider with respect to cannabis products and the
medical effectiveness of cannabis.
(G) Any other matters determined appropriate.
(e) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report
on the results of the surveys conducted under this section. | VA Survey of Cannabis Use Act This bill requires the Department of Veterans Affairs (VA) to provide for a survey of veterans and VA health care providers regarding cannabis use by veterans. | {"src": "billsum_train", "title": "VA Survey of Cannabis Use Act"} | 993 | 37 | 0.552797 | 1.272646 | 0.585922 | 2.916667 | 26.111111 | 0.861111 |
SEC. 101. SAFE SCHOOLS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended--
(1) by redesignating part X as part Y;
(2) by redesignating section 2401 as section 2501; and
(3) by inserting after part W the following:
``PART X--SAFE SCHOOLS ASSISTANCE
``SEC. 2401. GRANT AUTHORIZATION.
``(a) In General.--The Director of the Bureau of Justice
Assistance, in consultation with the Secretary of Education, may make
grants to local educational agencies for the purpose of providing
assistance to such agencies most directly affected by crime and
violence.
``(b) Model Project.--The Director, in consultation with the
Secretary of Education, shall develop a written safe schools model in
English and in Spanish in a timely fashion and make such model
available to any local educational agency that requests such
information.
``SEC. 2402. USE OF FUNDS.
``Grants made by the Director under this part shall be used--
``(1) to fund anticrime and safety measures and to develop
education and training programs for the prevention of crime,
violence, and illegal drugs and alcohol;
``(2) for counseling programs for victims of crime within
schools;
``(3) for crime prevention equipment, including metal
detectors and video-surveillance devices; and
``(4) for the prevention and reduction of the participation
of young individuals in organized crime and drug and gang-
related activities in schools.
``SEC. 2403. APPLICATIONS.
``(a) In General.--In order to be eligible to receive a grant under
this part for any fiscal year, a local educational agency shall submit
an application to the Director in such form and containing such
information as the Director may reasonably require.
``(b) Requirements.--Each application under subsection (a) shall
include--
``(1) a request for funds for the purposes described in
section 2402;
``(2) a description of the schools and communities to be
served by the grant, including the nature of the crime and
violence problems within such schools;
``(3) assurances that Federal funds received under this
part shall be used to supplement, not supplant, non-Federal
funds that would otherwise be available for activities funded
under this part; and
``(4) statistical information in such form and containing
such information that the Director may require regarding crime
within schools served by such local educational agency.
``(c) Comprehensive Plan.--Each application shall include a
comprehensive plan that shall contain--
``(1) a description of the crime problems within the
schools targeted for assistance;
``(2) a description of the projects to be developed;
``(3) a description of the resources available in the
community to implement the plan together with a description of
the gaps in the plan that cannot be filed with existing
resources;
``(4) an explanation of how the requested grant will be
used to fill gaps;
``(5) a description of the system the applicant will
establish to prevent and reduce crime problems; and
``(6) a description of educational materials to be
developed in Spanish.
``SEC. 2404. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.
``(a) Administrative Cost Limitation.--The Director shall use not
more than 5 percent of the funds available under this part for the
purposes of administration and technical assistance.
``(b) Renewal of Grants.--A grant under this part may be renewed
for up to 2 additional years after the first fiscal year during which
the recipient receives its initial grant under this part, subject to
the availability of funds, if--
``(1) the Director determines that the funds made available
to the recipient during the previous year were used in a manner
required under the approved application; and
``(2) the Director determines that an additional grant is
necessary to implement the crime prevention program described
in the comprehensive plan as required by section 2403(c).
``SEC. 2405. AWARD OF GRANTS.
``(a) Selection of Recipients.--The Director, in consultation with
the Secretary of Education, shall consider the following factors in
awarding grants to local educational agencies:
``(1) Crime problem.--The nature and scope of the crime
problem in the targeted schools.
``(2) Need and ability.--Demonstrated need and evidence of
the ability to provide the services described in the plan
required under section 2403(c).
``(3) Population.--The number of students to be served by
the plan required under section 2403(c).
``(b) Geographic Distribution.--The Director shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.
``SEC. 2406. REPORTS.
``(a) Report to Director.--Local educational agencies that receive
funds under this part shall submit to the Director a report not later
than March 1 of each year that describes progress achieved in carrying
out the plan required under section 2403(c).
``(b) Report to Congress.--The Director shall submit to the House
Committee on Education and Labor, the Senate Committee on Labor and
Human Resources, and the Committees on the Judiciary of the Senate and
the House of Representatives a report by October 1 of each year in
which grants are made available under this part which shall contain a
detailed statement regarding grant awards, activities of grant
recipients, a compilation of statistical information submitted by
applicants under 2403(b)(4), and an evaluation of programs established
under this part.
``SEC. 2407. DEFINITIONS.
``For the purpose of this part:
``(1) The term `Director' means the Director of the Bureau
of Justice Assistance.
``(2) The term `local educational agency' means a public
board of education or other public authority legally
constituted within a State for either administrative control or
direction of, or to perform a service function for, public
elementary and secondary schools in a city, county, township,
school district, or other political subdivision of a State, or
such combination of school districts of counties as are
recognized in a State as an administrative agency for its
public elementary and secondary schools. Such term includes any
other public institution or agency having administrative
control and direction of a public elementary or secondary
school.''.
(b) Conforming Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), is amended by striking the matter relating to part X and
inserting the following:
``Part X--Safe Schools Assistance
``Sec. 2401. Grant authorization.
``Sec. 2402. Use of funds.
``Sec. 2403. Applications.
``Sec. 2404. Allocation of funds; limitations on grants.
``Sec. 2405. Award of grants.
``Sec. 2406. Reports.
``Sec. 2407. Definitions.
``Part Y--Transition; Effective Date; Repealer
``Sec. 2501. Continuation of rules, authorities, and proceedings.''.
SEC. 2402. AUTHORIZATION OF APPROPRIATIONS.
Section 1001(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793), is amended by adding after paragraph (17) the
following:
``(18) There are authorized to be appropriated $100,000,000 for
each of the fiscal years 1994, 1995, and 1996 to carry out the projects
under part X.''. | Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to local educational agencies (LEAs) most directly affected by crime and violence. Requires the Director to develop and make available to LEAs a written safe schools model in English and in Spanish.
Makes grant funds available: (1) to fund anticrime and safety measures and to develop education and training programs for the prevention of crime, violence, and illegal drugs and alcohol; (2) for counseling programs for victims of crime within schools; (3) for crime prevention equipment, including metal detectors and video-surveillance devices; and (4) for the prevention and reduction of the participation of young individuals in organized crime and drug- and gang-related activities in schools.
Sets forth provisions regarding: (1) application requirements; (2) allocation of, and limitations on, grant funds; (3) selection of recipients; and (4) reporting requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants to local educational agencies for the purpose of providing assistance to such agencies most directly affected by crime and violence."} | 1,706 | 207 | 0.664171 | 1.762157 | 1.104703 | 5.6 | 7.955 | 0.91 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thrift Charter Conversion Tax Act of
1995''.
SEC. 2. TREATMENT OF RESERVES FOR BAD DEBTS OF SAVINGS ASSOCIATIONS
WHICH ARE REQUIRED TO CONVERT INTO BANKS.
(a) In General.--Section 593 of the Internal Revenue Code of 1986
(relating to reserves for losses on loans) is hereby repealed.
(b) Conforming Amendments.--
(1) Subsection (d) of section 50 of such Code is amended by
adding at the end the following new sentence:
``Paragraphs (1)(A), (2)(A), and (4) of the section 46(e) referred to
in paragraph (1) of this subsection shall not apply to any taxable year
beginning after December 31, 1995.''
(2) Subsection (e) of section 52 of such Code is amended by
striking paragraph (1) and by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively.
(3) Subsection (a) of section 57 of such Code is amended by
striking paragraph (4).
(4) Section 246 of such Code is amended by striking
subsection (f).
(5) Clause (i) of section 291(e)(1)(B) of such Code is
amended by striking ``or to which section 593 applies''.
(6) Subparagraph (A) of section 585(a)(2) of such Code is
amended by striking ``other than an organization to which
section 593 applies''.
(7) Section 595 of such Code is hereby repealed.
(8) Section 596 of such Code is hereby repealed.
(9) Subsection (a) of section 860E of such Code is
amended--
(A) by striking ``Except as provided in paragraph
(2), the'' in paragraph (1) and inserting ``The'',
(B) by striking paragraphs (2) and (4) and
redesignating paragraphs (3) and (5) as paragraphs (2)
and (3), respectively, and
(C) by striking in paragraph (2) (as so
redesignated) all that follows ``subsection'' and
inserting a period.
(10) Paragraph (3) of section 992(d) of such Code is
amended by striking ``or 593''.
(11) Section 1038 of such Code is amended by striking
subsection (f).
(12) Clause (ii) of section 1042(c)(4)(B) of such Code is
amended by striking ``or 593''.
(13) Subsection (c) of section 1277 of such Code is amended
by striking ``or to which section 593 applies''.
(14) Subparagraph (B) of section 1361(b)(2) of such Code is
amended by striking ``or to which section 593 applies''.
(15) The table of sections for part II of subchapter H of
chapter 1 of such Code is amended by striking the items
relating to sections 593, 595, and 596.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 1995.
(2) Repeal of section 595.--The amendment made by
subsection (b)(7) shall apply to property acquired in taxable
years beginning after December 31, 1995.
(d) 6-Year Spread of Adjustments.--
(1) In general.--In the case of any taxpayer who is
required by reason of the amendments made by this section to
change its method of computing reserves for bad debts--
(A) such change shall be treated as a change in a
method of accounting,
(B) such change shall be treated as initiated by
the taxpayer and as having been made with the consent
of the Secretary, and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section
481(a) of the Internal Revenue Code of 1986--
(i) shall be determined by taking into
account only applicable excess reserves, and
(ii) as so determined, shall be taken into
account ratably over the 6-taxable year period
beginning with the first taxable year beginning
after December 31, 1995.
(2) Applicable excess reserves.--
(A) In general.--For purposes of paragraph (1), the
term ``applicable excess reserves'' means the excess
(if any) of--
(i) the balance of the reserves described
in section 593(c)(1) of such Code (as in effect
on the day before the date of the enactment of
this Act) as of the close of the taxpayer's
last taxable year beginning before January 1,
1996, over
(ii) the balance of such reserves as of the
close of the taxpayer's last taxable year
beginning before January 1, 1988.
(B) Special rule for thrifts which become small
banks.--In the case of a bank (as defined in section
581 of such Code) which was not a large bank (as
defined in section 585(c)(2) of such Code) for its
first taxable year beginning after December 31, 1995--
(i) the balance taken into account under
subparagraph (A)(ii) shall not be less than the
amount which would be the balance of such
reserve as of the close of its last taxable
year beginning before January 1, 1996, if the
additions to such reserve for all taxable years
had been determined under section 585(b)(2)(A)
of such Code, and
(ii) the opening balance of the reserve for
bad debts as of the beginning of such first
taxable year shall be the balance taken into
account under subparagraph (A)(ii) (determined
after the application of clause (i) of this
subparagraph).
The preceding sentence shall not apply for purposes of
paragraphs (4), (5), and (6).
(3) Suspension of recapture if residential loan requirement
met.--
(A) In general.--In the case of a taxpayer which
meets the residential loan requirement of subparagraph
(B) for any taxable year--
(i) no adjustment shall be taken into
account under paragraph (1) for such taxable
year, and
(ii) such taxable year shall be disregarded
in determining--
(I) whether any other taxable year
is a taxable year for which an
adjustment is required to be taken into
account under paragraph (1), and
(II) the amount of such adjustment.
(B) Residential loan requirement.--A taxpayer meets
the residential loan requirement of this subparagraph
for any taxable year if--
(i) the principal amount of the residential
loans made by the taxpayer during such year is
not less than the base amount for such year, or
(ii) the principal amount of the
residential loans made by the taxpayer during
each of the 2 preceding taxable years is not
less than the base amount for such preceding
years.
Clause (ii) shall not apply for purposes of determining
whether a taxpayer meets the residential loan
requirement of this subparagraph for any taxable year
beginning before January 1, 1998.
(C) Residential loan.--For purposes of this
paragraph, the term ``residential loan'' means any loan
described in clause (v) of section 7701(a)(19)(C) of
such Code but only if such loan is incurred in
acquiring, constructing, or improving the property
described in such clause.
(D) Base amount.--For purposes of subparagraph (B),
the base amount is the average of the principal amounts
of the residential loans made by the taxpayer during
the 6 most recent taxable years beginning before
January 1, 1996. At the election of the taxpayer who
made such loans during each of such 6 taxable years,
the preceding sentence shall be applied without regard
to the taxable year in which such principal amount was
the highest and the taxable year in such principal
amount was the lowest. Such an election may be made
only for the first taxable year beginning after
December 31, 1995, and, if made for such taxable year, shall apply to
all succeeding taxable years unless revoked with the consent of the
Secretary of the Treasury or his delegate.
(E) Inflation adjustment of base amount.--In the
case of a taxable year beginning in a calendar year
after 1996, the amount determined under subparagraph
(D) shall be increased by an amount equal to--
(i) the amount so determined, multiplied by
(ii) the cost-of-living adjustment
determined under section 1(f)(3) of such Code
for such calendar year, by substituting
``calendar year 1995'' for ``calendar year
1992'' in subparagraph (B) thereof.
(F) Controlled groups.--In the case of a taxpayer
which is a member of any controlled group of
corporations described in section 1563(a)(1) of such
Code, subparagraph (B) shall be applied with respect to
such group.
(4) Continued application of fresh start under section 585
transitional rules.--In the case of a taxpayer to which
paragraph (1) applied and which was not a large bank (as
defined in section 585(c)(2) of such Code) for its first
taxable year beginning after December 31, 1995:
(A) In general.--For purposes of determining the
net amount of adjustments referred to in section
585(c)(3)(A)(iii) of such Code, there shall be taken
into account only the excess of the reserve for bad
debts as of the close of the last taxable year before
the disqualification year over the balance taken into
account by such taxpayer under paragraph (2)(A)(ii) of
this subsection.
(B) Treatment under elective cut-off method.--For
purposes of applying section 585(c)(4) of such Code--
(i) the balance of the reserve taken into
account under subparagraph (B) thereof shall be
reduced by the balance taken into account by
such taxpayer under paragraph (2)(A)(ii) of
this subsection, and
(ii) no amount shall be includible in gross
income by reason of such reduction.
(5) Continued application of section 593(e).--
Notwithstanding the amendments made by this section, in the
case of a taxpayer to which paragraph (1) of this subsection
applies, section 593(e) of such Code (as in effect on the day
before the date of the enactment of this Act) shall continue to
apply to such taxpayer as if such taxpayer were a domestic
building and loan association but the amount of the reserve
taken into account under such section 593(e) shall be only the
balance taken into account by such taxpayer under paragraph
(2)(A)(ii) of this subsection.
(6) Certain items included as section 381(c) items.--The
balance of the applicable excess reserves, and the balance
taken into account by a taxpayer under paragraph (2)(A)(ii) of
this subsection, shall be treated as items described in section
381(c) of such Code.
(7) Regulations.--The Secretary of the Treasury or his
delegate shall prescribe such regulations as may be necessary
to carry out this subsection, including regulations providing
for the application of paragraph (3) in the case of mergers,
spin-offs, and other reorganizations.
SEC. 3. DEDUCTION FOR SPECIAL ASSESSMENTS.
For purposes of subtitle A of the Internal Revenue Code of 1986,
the amount allowed as a deduction under section 162 of such Code for a
taxable year shall include the amount paid during such year as a
special assessment under section 7(b)(6)(B) of the Federal Deposit
Insurance Act, as amended by the Thrift Charter Conversion Act of 1995,
as contained in subtitle B of title II of H.R. 2491 of the 104th
Congress, as passed by the House of Representatives. | Thrift Charter Conversion Tax Act of 1995 - Amends the Internal Revenue Code to repeal the reserve method of accounting for determining deductions for bad debts by thrift institutions, effective for taxable years beginning after 1995. Repeals, with respect to thrift institutions to which such accounting method applied, provisions relating to: (1) the denial of a portion of certain tax credits to a thrift institution; (2) special rules regarding the foreclosure of property securing loans of a thrift institution; (3) the reduction in the dividends received reduction of a thrift institution; and (4) the ability of a thrift institution to use a net operating loss to offset its income from a residential interest in a real estate mortgage investment conduit. Provides rules to implement the change in the method of accounting required by the repeal.
Defines "applicable excess reserves." Sets forth provisions for thrifts which become small banks.
Provides for the suspension of recapture if the taxpayer meets the "residential loan requirement." Defines the term residential loan requirement. Allows in cases where the taxpayer is not a large bank, for the purposes of determining the net amounts of adjustments, that only the excess of the reserve for bad debts as of the close of the last taxable year before the disqualification year over the balance of reserves shall be taken into account. Provides for the treatment of reserves for bad debts under the elective cut-off method. Prohibits the inclusion of a portion of reserve in gross income under the elective cut-off method. Provides for continued application of provisions respecting distributions to stockholders, but the amount of the reserve accounted for by the taxpayer shall be only the balance of the amount of the applicable excess reserves. Provides for the treatment of the balance of the applicable excess reserves and the balance of reserves accounted for by a taxpayer as carryovers in certain corporate acquisitions.
Allows the amount allowed as a deduction under provisions of the Federal Deposit Insurance Act, to include the amount paid during 1996 as a special assessment to the Savings Association Insurance Fund (SAIF) under Federal law as amended by the Federal Thrift Charter Conversion Act of 1995 as contained in
H.R. 2491
as passed by the House of Representatives. | {"src": "billsum_train", "title": "Thrift Charter Conversion Tax Act of 1995"} | 2,610 | 484 | 0.455403 | 1.485902 | 0.629677 | 2.634884 | 5.55814 | 0.811628 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs Recovery by Ensuring a Legal
American Workforce Act of 2011''.
SEC. 2. E-VERIFY MADE PERMANENT AND MANDATORY.
(a) Program Made Permanent.--Section 401(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) is amended by adding before the period at the end of the
last sentence the following: ``, except that the basic pilot program
described in section 403(a) shall be a permanent program''.
(b) Program Made Mandatory.--Section 402 of such Act is amended--
(1) in subsection (a) by inserting ``or subsection (g)''
after ``in subsection (e)'';
(2) in subsection (e) by inserting after ``require under
this subsection'' the following: ``or under subsection (g)'';
and
(3) by adding at the end the following:
``(g) E-Verify Program Made Mandatory.--Subject to subsection
(c)(3), any person or other entity that conducts any hiring (or
recruitment or referral) in a State in which the E-Verify program
described under section 403(a) is operating shall elect to participate
in such program. The Secretary of Homeland Security shall ensure that
verification by means of a toll-free telephone line is an available
option in complying with the preceding sentence.''.
(c) Transition Period; Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (b) shall take effect beginning
on the date that is 2 years after the date of enactment of this
Act.
(2) Certain entities.--The amendments made by subsection
(b) shall take effect beginning on the date that is--
(A) 540 days after the date of enactment of this
Act, in the case of a person or entity that employs 100
or more individuals in the United States; and
(B) 1 year after the date of enactment of this Act,
in the case of--
(i) a contractor that--
(I) has entered into a contract
with the Federal Government to which
section 2(b)(1) of the Service Contract
Act of 1965 (41 U.S.C. 351(b)(1))
applies, and any subcontractor under
such contract; or
(II) has entered into a contract
exempted from the application of such
Act by section 6 of such Act (41 U.S.C.
356), and any subcontractor under such
contract; or
(ii) any person or entity that employs more
than 250 individuals in the United States.
(d) Application to Current Employees.--Every person or entity that
employs one or more persons in the United States shall verify through
the E-Verify program by not later than the applicable effective date in
(c) that each employee is authorized to work in the United States.
(e) Rule of Construction.--Nothing in the amendments made by this
section shall be construed to prevent a person or other entity that is
not required to participate in the E-Verify program described in
section 403(a) from voluntarily participating in such program.
(f) No Limitation on Participation by State or Local Law.--No State
or local government may prohibit a person or other entity from using
the E-verify program to verify the employment authorization of new
hires or current employees.
(g) Document Fraud Study.--The Government Accountability Office
shall conduct a study to examine methods to combat document fraud,
theft and forgery in the use and expansion of the E-Verify program. The
report shall make recommendations to the appropriate agencies on ways
to reduce instances of document fraud, theft, and forgery. The report
shall be published within six months after enactment of this Act.
SEC. 3. ENHANCING MONITORING OF AND COMPLIANCE WITH E-VERIFY PROGRAM.
The Secretary of the Department of Homeland Security is authorized
to take the following actions to increase the capability and
effectiveness of the E-Verify employer Monitoring and Compliance team
within the Citizenship and Immigration Services:
(1) Increase by no more than 6 the number of fulltime
employees dedicated to the development of thresholds and
algorithms and quality assurance procedures for the monitoring
of employer adherence to the conditions that are currently
outlined in the E-Verify Memorandum of Understanding.
(2) Increase as necessary the number of fulltime employees
dedicated to outreach to employers using the E-Verify program
and the creation of informational tools and corrective action
procedures that will provide compliance assistance to these
employers. These employees may also be utilized in the
operation of the toll-free compliance assistance call center.
(3) Establish procedures for the identification of cases of
potential fraud or misuse of the E-Verify program.
(4) Establish procedures for the sharing of information on
these selected cases with Immigration and Customs Enforcement
for further investigation as necessary.
(5) Report to the Congress within one year of the date of
enactment of this Act on the activities of the Office of
Monitoring and Compliance which shall include--
(A) a description of the types of fraud and misuse
being detected by the thresholds and algorithms used
for employee monitoring within the Office;
(B) the number and type of cases flagged by the
Office and referred to Immigration and Customs
Enforcement, as well as the outcome of these cases; and
(C) an assessment of the number and the nature of
calls received by the compliance assistance call
center.
SEC. 4. MANDATORY NOTIFICATION OF SSN MISMATCHES AND MULTIPLE USES.
(a) Notification of Multiple Uses of Individual Social Security
Account Numbers.--Prior to crediting any individual with concurrent
wages from more than one employer, the Commissioner of Social Security
shall notify the individual that wages from two or more employers are
being reported under the individual's social security account number
(hereinafter in this Act referred to as ``SSN''). Such notice shall
include, at a minimum--
(1) the name and location of each employer reporting
benefits for an individual;
(2) a warning that any inaccuracies in this information
could indicate that the individual's SSN is being fraudulently
used by another individual;
(3) an explanation of any potential risk that an individual
is subject to if his or her SSN has been used or is being used
by someone else; and
(4) a toll-free telephone number that an individual may
call to report inaccuracies in the use of their SSN.
(b) Information Sharing With the Department of Homeland Security.--
(1) Not later than 180 days following the date of enactment
of this Act, the Commissioner of Social Security shall
promulgate regulations in accord with section 1106 of the
Social Security Act (42 U.S.C. 1306), to require that
information regarding all multiple use notifications that lead
to the identification of an unauthorized user of a SSN be
shared with the Secretary of the Department of Homeland
Security on a timely basis.
(2) Information to be shared with the Secretary shall
include, at a minimum, the name and mailing address of all
employees who are the subject of an unresolved mismatch
notification or who are unauthorized users of another
individual's SSN. The names and addresses of the employers of
these employees must also be provided.
(3) The Secretary shall report to the Congress annually the
number of cases that the Commissioner of Social Security has
shared with the Department of Homeland Security regarding
unauthorized users of an SSN and the actions that have been
taken to resolve these cases. The Secretary shall submit the
first report to the Congress not later than 1 year after the
date of enactment of this Act.
(c) Information Sharing With the States.--The Department of
Homeland Security shall report to the agency within each State that
administers unemployment benefits of jobs that have potentially been
made available by evidence of an employee being dismissed for non-
confirmation through the E-Verify program. Such notification shall
include the name and address of the employer, a job description if
available, and shall be made within 3 business days of final non-
confirmation.
(d) Information Sharing With the Public.--The Department of
Homeland Security shall prominently display on the Internet home page
of the E-Verify program as ``Recovered Jobs'' the total number of jobs
by month and year reported to the states under (c); and a link to the
total number of jobs reported to each state by month and year.
SEC. 5. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.
(a) In General.--Section 6721 of the Internal Revenue Code of 1986
(26 U.S.C. 6721) is amended by adding at the end the following:
``(g) Most Egregious Noncompliant Employer.--Notwithstanding any
other provision of this section, in the case of a most egregious
noncompliant employer, as designated for any taxable year by the Social
Security Administration, the penalty for any failure described in this
subsection with respect to an information return with respect to such
taxable year shall be the maximum allowable penalty under this section
for such failure.
``(h) Penalty Structure With Respect to Employing an Alien Not
Authorized To Be Employed.--In the case of a failure described in
subsection (a)(2) with respect to any person employing an alien not
authorized to be so employed, the penalty under this section shall be
determined in accordance with the following table:
------------------------------------------------------------------------
Not less Not more
``In the case of-- than-- than--
------------------------------------------------------------------------
The first offense............................. $2,500 $5,000
The second offense............................ $7,500 $15,000
The third and subsequent offenses............. $25,000 $50,000.''.
------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section shall apply
to failures occurring after the date of the enactment of this Act.
SEC. 6. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT BE
DEDUCTED FROM GROSS INCOME.
(a) Denial of Deduction.--Subsection (c) of section 162 of the
Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks,
and other payments) is amended by adding at the end the following new
paragraph:
``(4) Wages paid to or on behalf of unauthorized aliens.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any wage paid to or on behalf
of an unauthorized alien, as defined under section
274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)).
``(B) Wages.--For the purposes of this paragraph,
the term wages means all remuneration for employment,
including the cash value of all remuneration (including
benefits) paid in any medium other than cash.
``(C) Safe harbor.--If a person or other entity is
participating in the basic pilot program described in
section 403 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to the hiring
(or recruitment or referral) of an employee,
subparagraph (A) shall not apply with respect to wages
paid to such employee.''.
(b) Six-Year Limitation on Assessment and Collection.--Subsection
(c) of section 6501 of such Code (relating to exceptions) is amended by
adding at the end the following new paragraph:
``(12) Deduction claimed for wages paid to unauthorized
aliens.--In the case of a return of tax on which a deduction is
shown in violation of section 162(c)(4), any tax under chapter
1 may be assessed, or a proceeding in court for the collection
of such tax may be begun without assessment, at any time within
6 years after the return was filed.''.
(c) Use of Documentation for Enforcement Purposes.--Section 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
(1) in subparagraph (b)(5), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act'';
(2) in subparagraph (d)(2)(F), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this Act''; and
(3) in subparagraph (d)(2)(G), by inserting ``section
162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or
enforcement of''.
(d) Availability of Information.--
(1) In general.--The Commissioner of Social Security, the
Secretary of the Department of Homeland Security, and the
Secretary of the Treasury, shall jointly establish a program to
share information among such agencies that may or could lead to
the identification of unauthorized aliens (as defined under
section 274A(h)(3) of the Immigration and Nationality Act),
including any no-match letter, any information in the earnings
suspense file, and any information in the investigation and
enforcement of section 162(c)(4) of the Internal Revenue Code
of 1986.
(2) Disclosure by secretary of the treasury.--
(A) In general.--Subsection (i) of section 6103 of
the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
``(9) Payment of wages to unauthorized aliens.--Upon
request from the Commissioner of the Social Security
Administration or the Secretary of the Department of Homeland
Security, the Secretary shall disclose to officers and
employees of such Administration or Department--
``(A) taxpayer identity information of employers
who paid wages with respect to which a deduction was
not allowed by reason of section 162(c)(4), and
``(B) taxpayer identity information of individuals
to whom such wages were paid, for purposes of carrying
out any enforcement activities of such Administration
or Department with respect to such employers or
individuals.''.
(B) Recordkeeping.--Paragraph (4) of section
6103(p) of such Code is amended--
(i) by striking ``(5), or (7)'' in the
matter preceding subparagraph (A) and inserting
``(5), (7), or (9)'', and
(ii) by striking ``(5) or (7)'' in
subparagraph (F)(ii) and inserting ``(5), (7),
or (9)''.
(e) Effective Date.--
(1) Denial of deduction.--The amendment made by subsection
(a) shall apply to amounts paid or incurred in taxable years
beginning after December 31, 2010.
(2) Six-year limitation on assessment and collection.--The
amendment made by subsection (b) shall apply with respect to
returns for taxable years beginning after December 31, 2010.
(3) Use of documentation for enforcement purposes.--The
amendments made by subsection (c) shall take effect on the date
of the enactment of this Act.
(4) Availability of information.--The amendments made by
subsection (d) shall apply with respect to requests made for
taxable years beginning after December 31, 2010. | Jobs Recovery by Ensuring a Legal American Workforce Act of 2011- Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-Verify Program (Program) permanent and mandatory.
Directs the Government Accountability Office (GAO) to conduct a study of methods to combat Program document fraud.
Authorizes the Secretary of Homeland Security (DHS) to take specified actions to enhance the E-Verify employer monitoring and compliance team within U.S. Citizenship and Immigration Services.
Directs the Commissioner of Social Security (SSA) to: (1) to notify an individual that wages from two or more employers are being reported under the individual's social security account number (SSN), and (2) promulgate regulations to require that information regarding all multiple use notifications that lead to the identification of an unauthorized user of a SSN be shared with the Secretary.
Directs DHS to: (1) report to the state agency that administers unemployment benefits regarding jobs that have potentially been made available by evidence of an employee being dismissed for Program non-confirmation, and (2) display on the Program's Internet home page as "Recovered Jobs" the total number of jobs by month and year reported to the states and a link to the total number of jobs reported to each state by month and year.
Amends the Internal Revenue Code to: (1) penalize specified employers for failure to correct information returns; and (2) prohibit employers from deducting from gross income wages paid to unauthorized aliens, with an exception for an employer participating in the Program.
Directs the Commissioner, the Secretary, and the Secretary of the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens.
Directs the Secretary of the Treasury, upon request from the Commissioner or the Secretary, to disclose: (1) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed because of illegal payments or because of being paid to unauthorized aliens, and (2) taxpayer identity information of individuals to whom such wages were paid. | {"src": "billsum_train", "title": "To make the E-verify program permanent, and to provide for penalties to enforce compliance with the program, and for other purposes."} | 3,483 | 431 | 0.494695 | 1.501328 | 0.671567 | 4.481203 | 7.709273 | 0.932331 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Internet Fairness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Increased deployment and adoption of broadband,
including high-bandwidth uses of broadband, is key to allow
broadband stimulus funds to produce maximal economic recovery
and growth, and is key to the network effects of economic
benefit associated with the Internet.
(2) No volume usage service plan for broadband Internet
access can be just and reasonable unless charges are fairly
based on the cost of the usage.
(3) Volume usage charges for broadband Internet access that
are substantially above cost in a market without sufficient
competition constitute an unfair and unconscionable practice,
as substantially above-cost pricing has anti-competitive and
anti-consumer effects on Internet use, including in particular
Internet use for online video delivery.
(4) The market for video delivery is effectively controlled
by companies operating both traditional cable delivery and
broadband Internet access services, increasing incentives to
raise prices for Internet use in high volumes, to discourage
consumers who may wish no longer to subscribe to traditional
cable services.
(5) The Federal Trade Commission Act authorizes the Federal
Trade Commission to investigate and remedy consumer pricing
practices that it determines to be unfair or anti-competitive,
including pricing practices by Internet service providers, as
Internet services are not provided on a common carrier basis
and therefore are not subject to the common carrier limitation
on Federal Trade Commission jurisdiction.
SEC. 3. UNJUST, UNREASONABLE, OR UNREASONABLY DISCRIMINATORY VOLUME
USAGE SERVICE PLANS.
(a) Prohibition.--It shall be unlawful for major broadband Internet
service providers to offer volume usage service plans imposing rates,
terms, and conditions that are unjust, unreasonable, or unreasonably
discriminatory.
(b) Service Plan Analysis Filing Required.--Major broadband
Internet service providers offering, or proposing to offer, volume
usage service plans to any portion of their service territory are
required to file with the Federal Trade Commission a service plan
analysis that--
(1) identifies the different service tiers of broadband
Internet service to be offered on the basis of different data
transmission volumes;
(2) specifies the different rates, terms, and conditions to
be imposed for such tiers;
(3) provides an analysis of the economic reasonableness and
necessity for imposing such tiers--
(A) based on assigning the capital costs of
deploying the facilities needed to provide such
different service tiers;
(B) based on assigning different operating costs,
if any, that are attributable to the provision of
different service tiers; or
(C) based on other factors and costs specified by
the provider as a justification for the proposed volume
usage service plan;
(4) assess the impact of such service tiers on the ability
of residential consumers to access widely used Internet
services, including uses for agricultural, medical,
educational, environmental, library, and nonprofit purposes;
and
(5) specifies the basis upon which the different rates of
charges under the service plan will be revised over the
following 3 years, and inflation factors or other variables
that will be used to calculate or limit such revisions.
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement by FTC.--The Commission shall, in consultation with
the Federal Communications Commission, review each service plan
analysis submitted under section 3(b) in order to determine whether the
volume usage service plan is in violation of section 3(a). A violation
of section 3(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.
57(a)(1)(B)). The Federal Trade Commission shall enforce this Act in
the same manner, by the same means, and with the same jurisdiction as
though all applicable terms and provision of the Federal Trade
Commission Act were incorporated into and made a part of this Act.
(b) Review and Remediation.--After an initial review of any service
plan analysis submitted under section 3(b), if the Commission
identifies any elements of such plan that appear to constitute a
violation of section 3(a), the Commission shall notify the provider
submitting such plan of such elements and of the steps the provider may
take to correct such violations. The Commission shall, prior to
initiating any action under subsection (e), review the steps taken by
the provider to correct such violations.
(c) Factors Considered.--In determining whether a major broadband
Internet service provider has violated section 3(a), the Commission, in
consultation with the Federal Communications Commission, shall take
into account, among other factors--
(1) whether the service plan analysis filed with the
Commission does not properly assign operating costs to each of
the service tiers within the volume usage service plan;
(2) whether the rates, terms, and conditions are not
justified by the costs of deploying or operating the facilities
required to provide and maintain the service tiers within the
volume usage service plan;
(3) whether the volume usage service plan imposes unjust,
unreasonable, or unreasonably discriminatory charges on
residential consumers;
(4) whether the volume usage service plan deters or
impedes--
(A) the deployment of and access to widely used
Internet applications and services; or
(B) the participation of residential consumers in
the growth and development of regional, national, and
international economies;
(5) whether the volume usage service plan unfairly
penalizes consumers choosing to use high bandwidth Internet
applications and services, including those used for one-way or
two-way video;
(6) whether the volume usage service plan has anti-
competitive effects on the market for video delivery or the
markets for Internet applications or services;
(7) whether the volume usage service plan imposes anti-
consumer rates, terms, or conditions that reflect insufficient
competition in the local market for broadband Internet
services; or
(8) whether the volume usage service plan fails to comply
with such other factors as the Commission, in consultation with
the Federal Communications Commission, determines to be
appropriate as set forth in the rules prescribed under section
5.
(d) Hearings.--As a component of its review of each plan submitted
under subsection (a), the Commission shall, after the provider
submitting such plan has had an opportunity to take steps under
subsection (b) to correct any violations identified by the Commission
in its notice to the provider under such subsection, provide for the
conduct of a public hearing by a Commissioner or other designated
employee of the Commission, and for the collection of public comment
and testimony with respect to such plan. Such hearing shall be
conducted in a such a community or communities in such State or States
as the Commission determines are most directly affected by the volume
usage service plan.
(e) Civil Penalties.--
(1) Notwithstanding the penalties set forth under the
Federal Trade Commission Act, any major broadband Internet
service provider who violates section 3(a) shall be subject to
injunctive relief requiring the broadband Internet service
provider proposing or offering such plan to suspend, terminate,
or revise such plan.
(2) In addition to injunctive relief, any major broadband
Internet service provider who violates section 3(a) may be
subject to a fine of not more than $1,000,000, as the
Commission determines is required to ensure ongoing compliance
with this Act.
SEC. 5. COMMISSION RULEMAKING REQUIRED.
Within 180 days after the date of enactment of this Act, the
Commission shall, by rule prescribed in accordance with section 553 of
title 5, United States Code, establish procedures for the review of
volume usage service plans and for the conduct of public hearings
pursuant to the requirements of this Act.
SEC. 6. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to limit the authority of
the Commission to bring enforcement actions or take other measures
under the Federal Trade Commission Act or any other provision of law.
SEC. 7. DEFINITIONS.
(a) In General.--For purposes of this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Broadband internet service.--The term ``broadband
Internet service'' means an Internet protocol-based
transmission service that enables users to send and receive
voice, video, data, graphics, or a combination thereof.
(3) Broadband internet service provider.--The term
``broadband Internet service provider'' means any person who
provides or offers to provide broadband Internet service,
either directly or through an affiliate.
(4) Major broadband internet service provider.--The term
``major broadband Internet service provider'' means a broadband
Internet service provider that, either directly or through an
affiliate, provides broadband Internet service to 2,000,000 or
more subscribers, as further defined by the rules prescribed by
the Commission pursuant to section 5.
(5) Volume usage service plan.--The term ``volume usage
service plan'' means any choice of broadband Internet service
offerings to a residential consumer that includes two or more
different sets of rates, terms, or conditions that are directly
or indirectly based upon the amount of data actually
transmitted to or from the consumer within a fixed period of
time.
(6) Residential consumer.--The term ``residential
consumer'' includes any individual consumer who subscribes to
broadband Internet services primarily for purposes other than a
for-profit business purpose, and includes subscribers that are
nonprofit organizations or institutions of higher education.
(b) Common Terminology.--Except as otherwise provided in subsection
(a), terms used in this Act have the meanings provided under section 3
of the Communications Act of 1934 (47 U.S.C. 153) and section 602 of
such Act (47 U.S.C. 522). | Broadband Internet Fairness Act - Makes it unlawful for major broadband Internet service providers to offer volume usage service plans imposing rates, terms, and conditions that are unjust, unreasonable, or unreasonably discriminatory. Treats a violation as an unfair or deceptive act or practice under the Federal Trade Commission Act.
Requires major broadband Internet service providers offering or proposing to offer volume usage plans to file a service plan analysis with the Federal Trade Commission (FTC).
Requires the FTC to enforce this Act.
Defines "major broadband Internet service provider" as a broadband Internet service provider that, directly or through an affiliate, provides broadband Internet service to 2 million or more subscribers.
Defines "volume usage service plan" as any choice of service offerings to a residential consumer that includes two or more different sets of rates, terms, or conditions directly or indirectly based on the amount of data transmitted to or from the consumer within a fixed period of time.
Includes nonprofit organizations or higher education institutions in the term "residential consumer." | {"src": "billsum_train", "title": "To authorize the Federal Trade Commission, in consultation with the Federal Communications Commission, to review volume usage service plans of major broadband Internet service providers to ensure that such plans are fairly based on cost."} | 2,107 | 227 | 0.605862 | 1.848417 | 0.915211 | 4.984848 | 10.09596 | 0.924242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Money Laundering and Paycheck
Accountability Act''.
SEC. 2. BAN ON NON-FEDERAL FUNDS OF POLITICAL PARTIES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``ban on use non-federal funds of political parties
``Sec. 323. (a) Ban Described.--
``(1) In general.--Except as otherwise provided in this
section, no funds may be solicited, contributed, or expended by
any political party committee for purposes of any activity
influencing an election for Federal office (without regard to
whether the activity involved also influences any other
election) unless the funds are subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(2) Examples of activities covered.--For purposes of
paragraph (1), the following activities shall be considered to
be examples of activities influencing an election for Federal
office:
``(A) Voter registration.
``(B) Absentee ballot programs.
``(C) Get-out-the-vote programs.
``(D) Generic campaign activity.
``(E) The making or disseminating of any
communication which identifies (by name, likeness, or
representation) any candidate for election for Federal
office.
``(b) Political Party Committee Defined.--For purposes of this
section, the term `political party committee' means a political
committee which is a national, State, district, or local political
party committee (including any subordinate committee thereof).''.
SEC. 3. PERMITTING INDIVIDUALS TO ELECT TO NOT HAVE PAYROLL DEDUCTIONS
USED FOR POLITICAL ACTIVITIES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 2, is further amended by adding at
the end the following new section:
``permitting individuals to elect to not have payroll deductions used
for political activities
``Sec. 324. (a) Right of Individuals To Make Election.--
``(1) In general.--No amounts withheld from an individual's
wages or salary during a month may be used by any person
receiving the withheld amounts for any political activity if
the individual has in effect an election to prohibit the
withholding of such amounts during the month for such
activities.
``(2) Period for which election is in effect.--Except as
provided in paragraph (3), an individual's election to prohibit
the withholding of amounts for political activities shall be in
effect for all months beginning after the expiration of the 30-
day period which begins on the date the individual notifies the
person involved of the election.
``(3) Right of revocation and renewal.--An individual with
an election in effect under paragraph (1) may revoke the
election at any time, and the election shall no longer be in
effect beginning with the first month which begins after the
expiration of the 30-day period which begins on the date the
individual notifies the person involved of the revocation of
the election. An individual who revokes an election under this
paragraph may at any time renew the election in accordance with
paragraphs (1) and (2).
``(b) Information Provided by Withholding Person to New Employees
and Members.--Each person who first withholds wages or salary from an
individual after December 1, 1998, shall provide the individual (at the
time the person first withholds wages or salary from the individual)
with a statement explaining the individual's right under this section
to have an election in effect and to revoke the election.
``(c) Political Activity Defined.--In this section, the term
`political activity' means--
``(1) attempting to influence legislation;
``(2) participating or intervening in (including the
publishing or distributing of statements) any political
campaign on behalf of (or in opposition to) any candidate for
public office; or
``(3) influencing or attempting to influence the selection,
nomination, election, or appointment of any individual to any
Federal, State, or local public office or to any office in a
political party, committee, association or fund.''.
SEC. 4. REQUIRING REPORTING WITHIN 24 HOURS OF ALL CONTRIBUTIONS
RECEIVED WITHIN 20 DAYS OF ELECTION.
(a) In General.--Section 304(a)(6)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) is amended to read as
follows:
``(6)(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 20th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate and the office sought by the
candidate, the identification of the contributor, and the date of
receipt and amount of the contribution.''.
(b) Availability of Information on Internet.--Section 304(a)(6) of
such Act (2 U.S.C. 434(a)(6)) is amended by adding at the end the
following new subparagraph:
``(C)(i) The Commission shall make the information contained in the
reports submitted under this paragraph available on the Internet and
publicly available at the offices of the Commission as soon as
practicable (but in no case later than 24 hours) after the information
is received by the Commission.
``(ii) In this subparagraph, the term `Internet' means the
international computer network of both Federal and non-Federal
interoperable packet-switched data networks.''.
SEC. 5. MODIFICATION OF PROHIBITION AGAINST SOLICITATION OF CAMPAIGN
CONTRIBUTIONS BY FEDERAL OFFICIALS IN FEDERAL BUILDINGS.
(a) Solicitation of Non-Federal Funds.--Section 607 of title 18,
United States Code, is amended--
(1) in subsection (a), by striking ``within the meaning of
section 301(8) of the Federal Election Campaign Act of 1971'';
and
(2) by adding at the end the following new subsection:
``(c) In this section, the term `contribution' means any payment of
any gift, subscription, loan, advance, or deposit of money or anything
of value made in support of the activities of a political committee
established and maintained by a national political party or the party,
or otherwise made for purposes of influencing directly or indirectly
any election for Federal office.''.
(b) Clarification of Applicability to Solicitation of Persons
Outside of Building and Persons Who Are Not Federal Employees.--Section
607(a) of title 18, United States Code, is amended by striking the
period at the end of the first sentence and inserting the following:
``, without regard to whether such person or the person to whom the
solicitation is directed is mentioned in such section, or to whether
the person to whom the solicitation is directed is in such room,
building, navy yard, fort, or arsenal at the time the solicitation is
made.''.
(c) Treatment of All Areas of White House and Vice Presidential
Mansion as Federal Building.--The first sentence of section 607(a) of
title 18, United States Code, is amended by striking ``any room or
building'' and inserting ``any room in the White House (including the
Executive Residence) or the official residence of the Vice President,
or in any room or building''.
SEC. 6. EFFECTIVE DATE.
Except where otherwise provided, the amendments made by this Act
shall apply with respect to elections occurring after December 1998. | Anti-Money Laundering and Paycheck Accountability Act - Amends the Federal Election Campaign Act of 1971 to: (1) prohibit the solicitation, contribution, or spending of any funds by any political party committee for any purposes of any activity influencing an election for Federal office unless the funds are subject to the limitations, prohibitions, and reporting requirements of the Act; (2) permit individuals to prohibit payroll deductions for political activities; (3) require the reporting, within 24 hours, of contributions received within 20 days of an election; and (4) revise provisions concerning the prohibition against the solicitation of contributions by Federal officials in Federal buildings. | {"src": "billsum_train", "title": "Anti-Money Laundering and Paycheck Accountability Act"} | 1,813 | 134 | 0.589787 | 1.616817 | 0.605847 | 3.822581 | 12.959677 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Oil and Gas Preservation
Act''.
SEC. 2. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.
(a) In General.--Section 263 of the Internal Revenue Code of 1986
(relating to capital expenditures) is amended by adding at the end the
following new subsection:
``(j) Geological and Geophysical Expenditures for Domestic Oil and
Gas Wells.--Notwithstanding subsection (a), a taxpayer may elect to
treat geological and geophysical expenses incurred in connection with
the exploration for, or development of, oil or gas within the United
States (as defined in section 638) as expenses which are not chargeable
to capital account. Any expenses so treated shall be allowed as a
deduction in the taxable year in which paid or incurred.''
(b) Conforming Amendment.--Section 263A(c)(3) of the Internal
Revenue Code of 1986 is amended by inserting ``263(j),'' after
``263(i),''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to expenses paid or incurred after the date of enactment
of this Act.
(2) Transition rule.--In the case of any expenses described
in section 263(j) of the Internal Revenue Code of 1986, as
added by this section, which were paid or incurred on or before
the date of enactment of this Act, the taxpayer may elect, at
such time and in such manner as the Secretary of the Treasury
may prescribe, to amortize the unamortized portion of such
expenses over the 36-month period beginning with the month in
which the date of enactment of this Act occurs. For purposes of
this paragraph, the unamortized portion of any expense is the
amount remaining unamortized as of the first day of the 36-
month period.
SEC. 3. ELIMINATION OF NET INCOME LIMITATION ON PERCENTAGE DEPLETION
FOR OIL AND GAS.
(a) Elimination.--
(1) In general.--Section 613A(d)(1) of the Internal Revenue
Code of 1986 (relating to the limitation based on taxable
income for percentage depletion in the case of oil and gas
wells) is repealed.
(2) Other production.--The second sentence of section
613(a) of the Internal Revenue Code of 1986 (relating to
percentage depletion) is amended to read as follows: ``Except
in the case of oil and gas wells, such allowance shall not
exceed 50 percent of the taxpayer's taxable income from the
property (computed without allowance for depletion).''
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997.
(2) Transition rule.--
(A) Deduction.--To the extent a deduction under
section 613A of the Internal Revenue Code of 1986 is
disallowed under subsection (d)(1) of such section for
any taxable year ending on or before December 31, 1997,
the amount so disallowed shall be treated as an amount
allowable as a deduction under subsection (c) of such
section for the first taxable year beginning after
December 31, 1997.
(B) Certain adjustments.--The last sentence of
subsection (d)(1) of section 613A of such Code, as in
effect immediately before the repeal made by subsection
(a)(1) of this section, shall apply with respect to
amounts allowable as a deduction under subsection (c)
of such section by reason of subparagraph (A) of this
paragraph.
SEC. 4. ELECTION TO EXPENSE DELAY RENTAL PAYMENTS.
(a) In General.--Section 263 of the Internal Revenue Code of 1986
(relating to capital expenditures), as amended by section 2(a), is
amended by adding at the end the following new subsection:
``(k) Delay Rental Payments for Domestic Oil and Gas Wells.--
``(1) In general.--Notwithstanding subsection (a), a
taxpayer may elect to treat delay rental payments incurred in
connection with the development of oil or gas within the United
States (as defined in section 638) as payments which are not
chargeable to capital account. Any payments so treated shall be
allowed as a deduction in the taxable year in which paid or
incurred.
``(2) Delay rental payments.--For purposes of paragraph
(1), the term `delay rental payment' means an amount paid for
the privilege of deferring development of an oil or gas well.''
(b) Conforming Amendment.--Section 263A(c)(3) of the Internal
Revenue Code of 1986, as amended by section 2(b), is amended by
inserting ``263(k),'' after ``263(j),''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to payments made or incurred after the date of enactment
of this Act.
(2) Transition rule.--In the case of any payments described
in section 263(k) of the Internal Revenue Code of 1986, as
added by this section, which were made or incurred on or before
the date of enactment of this Act, the taxpayer may elect, at
such time and in such manner as the Secretary of the Treasury
may prescribe, to amortize the unamortized portion of such
payments over the 36-month period beginning with the month in
which the date of enactment of this Act occurs. For purposes of
this paragraph, the unamortized portion of any payment is the
amount remaining unamortized as of the first day of the 36-
month period.
SEC. 5. EXTENSION OF SPUDDING RULE.
(a) In General.--Section 461(i)(2)(A) of the Internal Revenue Code
of 1986 (relating to special rule for spudding of oil or gas wells) is
amended by striking ``90th day'' and inserting ``180th day''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1997.
SEC. 6. HYDRO INJECTION INCLUDED AS TERTIARY RECOVERY METHOD.
(a) In General.--Section 43(c)(2) of the Internal Revenue Code of
1986 (defining qualified enhanced oil recovery project) is amended by
adding at the end the following new subparagraph:
``(C) Tertiary recovery method.--For purposes of
subparagraph (A), the term `tertiary recovery method'
shall include hydro injection.''
(b) Effective Date.-- The amendment made by subsection (a) shall
apply with respect to injections commencing after December 31, 1997. | Domestic Oil and Gas Preservation Act - Amends the Internal Revenue Code to allow an election to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, domestic oil or gas as expenses which are not chargeable to capital account.
Repeals provisions relating to a limitation regarding the percentage depletion in the case of oil and gas wells.
Allows an election to treat delay rental payments (amounts paid for the privilege of deferring development of an oil or gas well) incurred in connection with the development of domestic oil or gas as payments that are not chargeable to capital account, allowing any payments so treated as a deduction.
Requires, in the case of a tax shelter, treating economic performance regarding amounts paid during the taxable year for drilling an oil or gas well as having occurred within a taxable year if drilling commences before the close of the 180th (currently, the 90th) day after the close of the taxable year.
Amends provisions relating to an enhanced oil recovery credit to include hydro injection in the definition of "qualified enhanced oil recovery project." | {"src": "billsum_train", "title": "Domestic Oil and Gas Preservation Act"} | 1,558 | 243 | 0.568958 | 1.606158 | 0.760662 | 3.495192 | 6.221154 | 0.850962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computer Science for All Act of
2016''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Computer science is transforming industry, creating new
fields of commerce, driving innovation, and bolstering
productivity.
(2) There are more than 550,000 technology jobs unfilled in
the United States as of May of 2016. It is projected that there
will be 1,400,000 new jobs in the technology sector by 2020;
however, 70 percent of those jobs will be unfulfilled at the
rate American universities are producing qualified graduates.
(3) Knowledge of computer science and use of technology is
increasingly essential for all individuals, not just those
working or planning to work in the technology sector.
(4) Providing students with computer science education in
elementary school and secondary school is critical for student
success, and strengthening the workforce of a 21st century
economy.
(5) While an estimated 90 percent of parents want computer
science taught in their children's schools, just 25 percent of
all elementary schools and secondary schools offer high-quality
computer science instruction that includes programming and
coding.
(6) African-Americans, Latinos, Native Americans, and
Pacific Islanders are disproportionately underrepresented in
the technology sector. For example, African-Americans and
Latinos make up 27 percent of the United States workforce, but
make up only 13.8 percent of the science and engineering
workforce, and only 11 percent of computer science
professionals.
(7) While underrepresented minority students overall face
an opportunity gap in STEAM education, women of color
particularly face an achievement gap in science and engineering
education. In 2012, while women received 48.8 percent of all
bachelor's degrees in science and engineering majors, women of
color received only 15.7 percent (Black: 5.3 percent; Latino:
5.5 percent; Native American or Alaska Native: 0.3 percent, and
Asian or Pacific Islander: 4.6 percent).
(8) Women overall face challenges in accessing computer
science education. Only 18 percent of all bachelor's degrees
awarded in computer science in 2012 went to women, and women of
color received only 6.6 percent (Black: 3.0 percent; Latino:
1.7 percent; Native American or Alaska Native: 0.1 percent, and
Asian or Pacific Islander: 1.8 percent).
(9) Disparities in enrollment and academic achievement
start early. In 2015, only 22 percent of students taking the AP
Computer Science exam were women, and just 13 percent were
African-American or Latino.
(10) Nationwide, only 184 Native American students took the
AP Computer Science exam in 2015. This means that while Native
Americans make up about 1.1 percent of the U.S. student
population, they made up less than half a percent of students
who took AP Computer Science exams in 2015.
SEC. 3. DEFINITIONS.
In this Act:
(1) Computational thinking.--The term ``computational
thinking'' aims to capture the wide range of creative processes
that go into formulating problems and their solutions in such a
way that the solutions can be carried out by a computer, and
may involve some understanding of software and hardware design,
logic and the use of abstraction and representation, algorithm
design, algorithm expression, problem decomposition,
modularity, programming paradigms and languages, issues of
information security and privacy, the application of
computation across a wide range of disciplines, and the
societal impact of computing. Programming is a hands-on,
inquiry-based way in which computational thinking may be
learned.
(2) Computer science education.--The term ``computer
science education'' includes any of the following:
computational thinking; software design; hardware architecture
and organization; theoretical foundations; use of abstraction
and representation in problem solving; logic; algorithm design
and implementation; the limits of computation; programming
paradigms and languages; parallel and distributed computing;
information security and privacy; computing systems and
networks; graphics and visualization; databases and information
retrieval; the relationship between computing and mathematics;
artificial intelligence; applications of computing across a
broad range of disciplines and problems; and the social impacts
and professional practices of computing.
(3) Eligible tribal school.--The term ``eligible Tribal
school'' means--
(A) a school operated by the Bureau of Indian
Education;
(B) a school operated pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.); or
(C) a tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8101).
(6) Poverty line.--The term ``poverty line'' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8101).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(8) Steam.--The term ``STEAM'' means the subjects of
science, technology, engineering, arts, and mathematics,
including computer science.
SEC. 4. GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND ELIGIBLE
TRIBAL SCHOOLS.
(a) Grants to States, Local Educational Agencies, and Eligible
Tribal Schools.--
(1) In general.--The Secretary shall award grants to
States, local educational agencies, and eligible Tribal
schools--
(A) that demonstrate an ability to carry out an
ambitious computer science education expansion effort
for all students served by the State, agency, or
school, including traditionally underrepresented
students; and
(B) to serve as models for national replication of
computer science education expansion efforts.
(2) Consortia and partnerships.--A State, local educational
agency, or eligible Tribal school may apply for a grant under
this section as part of a consortium or in partnership with a
State educational agency or other partner.
(3) Duration.--Grants awarded under this section shall be
for a period of not more than 5 years.
(b) Application Requirements.--A State, local educational agency,
or eligible Tribal school that desires 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 require,
including, at a minimum, plans for the following:
(1) Every high school student served by the State, local
educational agency, or eligible Tribal school to have access to
computer science education not later than 5 years after receipt
of grant funds.
(2) All students served by the State, local educational
agency, or eligible Tribal school to have access to a
progression of computer science education from prekindergarten
through middle school that prepares students for high school
computer science education.
(3) Expansion of overall access to rigorous STEAM classes,
utilizing computer science as a catalyst for increased interest
in STEAM more broadly, and reducing the enrollment and academic
achievement gap for underrepresented groups such as minorities,
girls, and youth from families living at, or below, the poverty
line.
(4) Continuous monitoring and evaluation of project
activities.
(5) Effectively sustaining project activities after the
grant period ends, and the length of time which the applicant
plans to sustain the project activities.
(c) Use of Grant Funds.--
(1) Required activities.--A State, local educational
agency, or eligible Tribal school that receives a grant under
this section shall use the grant funds for the following
activities:
(A) Training teachers to teach computer science.
(B) Expanding access to high-quality learning
materials and online learning options.
(C) Creating plans for expanding overall access to
rigorous STEAM classes, utilizing computer science as a
catalyst for increased interest in STEAM more broadly,
and reducing course equity gaps for all students,
including underrepresented groups such as minorities,
girls, and youth from low-income families.
(D) Ensuring additional support and resources,
which may include mentoring for students traditionally
underrepresented in STEAM fields.
(2) Permissible activities.--A State, local educational
agency, or eligible Tribal school that receives a grant under
this section may use the grant funds for the following
activities:
(A) Building effective regional collaborations with
industry, nonprofit organizations, 2-year and 4-year
degree granting institutions of higher education
(including community colleges, Historically Black
Colleges and Universities, Hispanic-serving
institutions, Asian American and Native American
Pacific Islander-serving institutions, American Indian
Tribally controlled colleges and universities, Alaska
Native and Native Hawaiian-serving institutions,
Predominantly Black Institutions, Native American-
serving, Nontribal institutions, and other minority-
serving institutions), and out-of-school providers.
(B) Recruiting and hiring instructional personnel
as needed, including curriculum specialists.
(C) Preparations for effectively sustaining project
activities after the grant period ends.
(D) Disseminating information about effective
practices.
(3) Limitation.--Not more than 15 percent of a grant may be
used to purchase equipment.
(d) National Activities.--The Secretary may reserve not more than
2.5 percent of funds available for grants under this section for
national activities, including technical assistance, evaluation, and
dissemination.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $250,000,000.
SEC. 5. REPORTING REQUIREMENTS.
(a) Grantee Reports.--Each State, local educational agency, and
eligible Tribal school that receives a grant under this Act shall
submit to the Secretary a report, not less than twice a year during the
grant period, on the use of grant funds that shall include data on the
numbers of students served through activities funded under this Act,
disaggregated by race (for Asian and Native Hawaiian or Pacific
Islander students using the same race response categories as the
decennial census of the population), ethnicity, gender, and eligibility
to receive a free or reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
(b) Report by the Secretary.--Not later than 5 years after the
first grant is awarded under this Act, the Secretary shall submit to
Congress a report based on the analysis of reports received under
subsection (a) with a recommendation on how to expand the program under
this Act. | Computer Science for All Act of 2016 This bill establishes a program through which the Department of Education (ED) shall award grants to states, local educational agencies, and eligible tribal schools to serve as models for national replication of computer education expansion efforts. A grant application shall include specified plans that demonstrate the applicant's ability to carry out an ambitious expansion effort for all students, including traditionally underrepresented students. A grant recipient shall use the grant funds to: train teachers to teach computer science; expand access to high-quality learning materials and online learning options; create plans for expanding overall access to science, technology, engineering, arts, and mathematics (STEAM) classes; utilize computer science as a catalyst for increased interest in STEAM more broadly; reduce course equity gaps for all students; and ensure additional support and resources. A grantee may also use grant funds to: build effective regional collaborations, recruit and hire instructional personnel, prepare for effectively sustaining project activities after the grant period ends, and disseminate information about effective practices. At least semi-annually, a grantee must report to ED on specified data related to the number of students served through program activities. | {"src": "billsum_train", "title": "Computer Science for All Act of 2016"} | 2,326 | 260 | 0.488174 | 1.581754 | 0.706413 | 3.519481 | 9.484848 | 0.844156 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Liability Reform Act
of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the defects in the United States civil justice system
have a direct and undesirable effect on interstate commerce by
decreasing the availability of goods and services in commerce;
(2) the spiraling costs of litigation and the magnitude and
unpredictability of punitive damage awards and noneconomic
damage awards have continued unabated for at least the past 30
years;
(3) the Supreme Court of the United States has recognized
that a punitive damage award can be unconstitutional if the
award is grossly excessive in relation to the legitimate
interest of the government in the punishment and deterrence of
unlawful conduct;
(4) just as punitive damage awards can be grossly
excessive, so can it be grossly excessive in some circumstances
for a party to be held responsible under the doctrine of joint
and several liability for damages that party did not cause;
(5) as a result of joint and several liability, entities
including small businesses are often brought into litigation
despite the fact that their conduct may have little or nothing
to do with the accident or transaction giving rise to the
lawsuit, and may therefore face increased and unjust costs due
to the possibility or result of unfair and disproportionate
damage awards;
(6) due to high liability costs and unwarranted litigation
costs, small businesses face higher costs in purchasing
insurance through interstate insurance markets to cover their
activities; and
(7) legislation to address these concerns is an appropriate
exercise of the powers of Congress under clauses 3, 9, and 18
of section 8 of article I of the Constitution of the United
States, and the 14th amendment to the Constitution of the
United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Crime of violence.--The term ``crime of violence'' has
the same meaning as in section 16 of title 18, United States
Code.
(2) Drug.--The term ``drug'' means any controlled substance
(as defined in section 102 of the Controlled Substances Act (21
U.S.C. 802)) that was not legally prescribed for use by the
defendant or that was taken by the defendant other than in
accordance with the terms of a lawfully issued prescription.
(3) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment opportunities)
to the extent recovery for such loss is allowed under
applicable State law.
(4) Harm.--The term ``harm'' means any physical injury,
illness, disease, or death or damage to property.
(5) International terrorism.--The term ``international
terrorism'' has the same meaning as in section 2331 of title
18, United States Code.
(6) Noneconomic loss.--The term ``noneconomic loss'' means
loss for physical or emotional pain, suffering, inconvenience,
physical impairment, mental anguish, disfigurement, loss of
enjoyment of life, loss of society and companionship, loss of
consortium (other than loss of domestic service), injury to
reputation, or any other nonpecuniary loss of any kind or
nature.
(7) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity (including any
governmental entity).
(8) Punitive damages.--The term ``punitive damages'' means
damages awarded against any person or entity to punish or deter
such person, entity, or others from engaging in similar
behavior in the future. Such term does not include any civil
penalties, fines, or treble damages that are assessed or
enforced by an agency of State or Federal government pursuant
to a State or Federal statute.
(9) Small business.--
(A) In general.--The term ``small business'' means
any unincorporated business, or any partnership,
corporation, association, unit of local government, or
organization that has fewer than 50 full-time employees
as determined on the date the civil action involving
the small business is filed.
(B) Calculation of number of employees.--For
purposes of subparagraph (A), the number of employees
of a subsidiary of a wholly owned corporation includes
the employees of--
(i) a parent corporation; and
(ii) any other subsidiary corporation of
that parent corporation.
(10) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
commonwealth, territory, or possession.
SEC. 4. LIMITATION ON PUNITIVE DAMAGES FOR SMALL BUSINESSES.
Except as provided in section 6, in any civil action against a
small business, punitive damages may, to the extent permitted by
applicable Federal or State law, be awarded against the small business
only if the claimant establishes by clear and convincing evidence that
conduct carried out by that defendant with a conscious, flagrant
indifference to the rights or safety of others was the proximate cause
of the harm that is the subject of the action.
SEC. 5. LIMITATION ON JOINT AND SEVERAL LIABILITY FOR NONECONOMIC LOSS
FOR SMALL BUSINESSES.
(a) General Rule.--Except as provided in section 6, in any civil
action against a small business, the liability of each defendant that
is a small business, or the agent of a small business, for noneconomic
loss shall be determined in accordance with subsection (b).
(b) Amount of Liability.--
(1) In general.--In any civil action described in
subsection (a)--
(A) each defendant described in that subsection
shall be liable only for the amount of noneconomic loss
allocated to that defendant in direct proportion to the
percentage of responsibility of that defendant
(determined in accordance with paragraph (2)) for the
harm to the claimant with respect to which that
defendant is liable; and
(B) the court shall render a separate judgment
against each defendant described in that subsection in
an amount determined under subparagraph (A).
(2) Percentage of responsibility.--For purposes of
determining the amount of noneconomic loss allocated to a
defendant under this section, the trier of fact shall determine
the percentage of responsibility of each person responsible for
the harm to the claimant, regardless of whether or not the
person is a party to the action.
SEC. 6. EXCEPTIONS TO LIMITATIONS ON LIABILITY.
The limitations on liability under sections 4 and 5 do not apply--
(1) to any defendant whose misconduct--
(A) constitutes--
(i) a crime of violence; or
(ii) an act of international terrorism;
(B) results in liability for damages relating to
the injury to, destruction of, loss of, or loss of use
of, natural resources described in--
(i) section 1002(b)(2)(A) of the Oil
Pollution Act of 1990 (33 U.S.C.
2702(b)(2)(A)); or
(ii) section 107(a)(4)(C) of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9607(a)(4)(C));
(C) involves--
(i) a sexual offense, as defined by
applicable State law; or
(ii) a violation of a Federal or State
civil rights law;
(D) occurred at the time the defendant was under
the influence (as determined under applicable State
law) of intoxicating alcohol or a drug, and the fact
that the defendant was under the influence was the
cause of any harm alleged by the plaintiff in the
subject action; or
(2) to any cause of action which is brought under the
provisions of title 31, United States Code, relating to false
claims (31 U.S.C. 3729-3733) or to any other cause of action
brought by the United States relating to fraud or false
statements.
SEC. 7. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
(a) Preemption.--Subject to subsection (b), this title preempts the
laws of any State to the extent that State laws are inconsistent with
this title.
(b) Election of State Regarding Nonapplicability.--This title does
not apply to any action in a State court against a small business in
which all parties are citizens of the State, if the State enacts a
statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this title
does not apply as of a date certain to such actions in the
State; and
(3) containing no other provision.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect with respect to any civil action
commenced after the date of the enactment of this Act without regard to
whether the harm that is the subject of the action occurred before such
date. | Small Business Liability Reform Act of 2007 - Allows punitive damages against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action.
States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff; and (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility.
Excepts from such liability limitations specified misconduct of a defendant. | {"src": "billsum_train", "title": "To provide small businesses certain protections from litigation excesses."} | 2,026 | 162 | 0.442433 | 1.34567 | 0.700784 | 6.169014 | 13.105634 | 0.957746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Capture and Storage Early
Deployment Act''.
SEC. 2. DEFINITIONS.
(1) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(2) Distribution utility.--The term ``distribution
utility'' means an electric utility that has a legal,
regulatory, or contractual obligation to deliver electricity
directly to retail consumers.
(3) Electric utility.--The term ``electric utility'' has
the meaning provided by section 3(22) of the Federal Power Act
(16 U.S.C. 796(22)).
(4) Fossil fuel-based electricity.--The term ``fossil fuel-
based electricity'' means electricity that is produced from the
combustion of fossil fuels.
(5) Fossil fuel.--The term ``fossil fuel'' means coal,
petroleum, natural gas or any derivative of coal, petroleum, or
natural gas.
(6) Corporation.--The term ``Corporation'' means the Carbon
Storage Research Corporation established in accordance with
this Act.
(7) Qualified industry organization.--The term ``qualified
industry organization'' means any association or group of
owners or operators of distribution utilities delivering fossil
fuel-based electricity who collectively represent at least 20
percent of the volume of fossil fuel-based electricity
delivered by distribution utilities to consumers in the United
States.
SEC. 3. CARBON STORAGE RESEARCH CORPORATION.
(a) Establishment.--Qualified industry organizations may conduct,
at their own expense, a referendum among the owners or operators of
distribution utilities delivering fossil fuel-based electricity for the
creation of a Carbon Storage Research Corporation. Such referendum
shall be conducted by an independent auditing firm agreed to by the
qualified industry organizations. Voting rights in such referendum
shall be based on the quantity of fossil fuel-based electricity
delivered to consumers in the previous calendar year or other
representative period. Upon approval of those persons representing two-
thirds of the total quantity of fossil fuel-based electricity delivered
to retail consumers, the Corporation shall be established. All
distribution utilities voting in the referendum shall certify to the
independent auditing firm the quantity of fossil fuel-based electricity
represented by their vote.
(b) Termination.--The Corporation shall be authorized to collect
assessments and conduct operations pursuant to this Act for a 10-year
period from the date 6 months after the date of enactment of this Act.
After such 10-year period, the Corporation is no longer authorized to
collect assessments and shall be dissolved on the date 15 years after
such date of enactment, unless the period is extended by an Act of
Congress.
(c) Governance.--The Corporation shall operate as a division or
affiliate of the Electric Power Research Institute (EPRI) and be
managed by a Board of not more than 12 members responsible for its
operations, including compliance with this Act. The Institute, working
in consultation with industry organizations representing investor-owned
utilities, utilities owned by a Federal or State agency or
municipality, and rural electric cooperatives, shall appoint the Board.
The Board shall include at least one representative of each of the
following:
(1) Investor-owned utilities.
(2) Utilities owned by a Federal or State agency or a
municipality.
(3) Rural electric cooperatives.
(4) Fossil fuel producers.
(d) Compensation.--Corporation Board members shall receive no
compensation for their services, nor shall Corporation Board members be
reimbursed for expenses relating to their service.
(e) Terms.--Corporation Board members shall serve terms of 4 years
and may serve not more than 2 full consecutive terms. Members filling
unexpired terms may serve not more than a total of 8 consecutive years.
Former members of the Corporation Board may be reappointed to the
Corporation Board if they have not been members for a period of 2
years. Initial appointments to the Corporation Board shall be for terms
of 1, 2, 3, and 4 years, staggered to provide for the selection of 3
members each year.
(f) Status of Corporation.--The Corporation shall not be considered
to be an agency, department, or instrumentality of the United States,
and no officer or director or employee of the Corporation shall be
considered to be an officer or employee of the United States
Government, for purposes of title 5 or title 31 of the United States
Code, or for any other purpose, and no funds of the Corporation shall
be treated as public money for purposes of chapter 33 of title 31,
United States Code, or for any other purpose.
SEC. 4. FUNCTIONS AND ADMINISTRATION OF THE CORPORATION.
(a) In General.--Except as provided in subsection (d), the
Corporation shall use all funds derived from assessments under section
5 to issue grants and contracts to private, academic, and governmental
entities with the purpose of accelerating the commercial demonstration
or availability of carbon dioxide capture and storage technologies and
methods, including technologies which capture and store, or capture and
convert, carbon dioxide. Grants and awards shall be made on a
competitive basis reflecting best overall value and prospect for
achieving the purposes of this Act. Board Members shall not participate
in making grants or awards to entities with whom they are affiliated.
The Corporation may use such funds to purchase carbon dioxide through
reverse auctions or other acquisition methods, when needed to conduct
tests of carbon dioxide storage sites, in the case of established
projects that are storing carbon dioxide emissions or for other
purposes consistent with the purposes of this Act. The Corporation
shall support large-scale demonstrations of carbon capture and Storage
technologies capable of advancing the technologies to commercial
readiness. Pilot-scale and similar small-scale projects are not
eligible for support by the Corporation. Supported projects should
encompass a range of different coal and other fossil fuel varieties, be
geographically diverse, involve diverse storage media, and employ
capture and storage, or capture and conversion, technologies
potentially suitable either for new or for retrofit applications. The
Board shall also establish policies regarding the ownership of
intellectual property developed as a result of Corporation grants and
other forms of technology support. Such policies shall encourage
individual ingenuity and invention.
(b) Relationship to Department of Energy and Academic
Organizations.--The Board may approve grants or contracts to support
programs or projects under the auspices of the Department of Energy or
its affiliated national laboratories and other fossil energy research
entities, including the Regional Carbon Sequestration Partnerships,
where such support promises to accelerate the commercial development
and demonstration of carbon capture and storage, or carbon capture and
conversion, technologies. Grant and contract support also may be
provided to projects or programs managed by academic organizations or
consortia, where such support promises to accelerate the commercial
development and demonstration of carbon capture and storage
technologies.
(c) Administration.--The members of the Board of Directors of the
Corporation shall elect a Chairman and other officers as necessary, may
establish committees and subcommittees of the Corporation, and shall
adopt rules and bylaws for the conduct of business and the
implementation of this Act. The Corporation Board shall consult with
the Electric Power Research Institute Advisory Council and the
Secretary and the Director of the Department's National Energy
Technology Laboratory to obtain advice and recommendations on plans,
programs, project selection criteria, and projects to be funded by the
Corporation. The Board shall appoint an Executive Director and
professional support staff who may be employees of the Electric Power
Research Institute.
(d) Administrative Expenses.--Up to 5 percent of the funds
collected in any fiscal year under section 5 may be used for the
administrative expenses of operating the Corporation (not including
costs incurred in the determination and collection of the assessments
pursuant to section 5).
(e) Budget.--Before August 1 each year, the Corporation shall
publish for public review and comment a budget plan for the next
calendar year, including the probable costs of all programs, projects,
and contracts and a recommended rate of assessment sufficient to cover
such costs. The Secretary may recommend programs and activities the
Secretary considers appropriate.
(f) Records; Audits.--The Corporation shall keep minutes, books,
and records that clearly reflect all of the acts and transactions of
the Corporation and make public such information. The books of the
Corporation shall be audited by a certified public accountant at least
once each fiscal year and at such other times as the Corporation may
designate. Copies of each audit shall be provided to the Congress, all
members of the Corporation, all qualified industry organizations, and
to other members of the industry upon request. If the audit determines
that the Corporation's practices fail to meet generally accepted
accounting principles the assessment collection authority of the
Corporation under section 5 shall be suspended until a certified public
accountant renders a subsequent opinion that the failure has been
corrected.
(g) Public Access.--(1) The Corporation Board's meetings shall be
open to the public and shall occur after at least 30 days advance
public notice. Meetings of the Board of Directors may be closed to the
public where the agenda of such meetings includes only confidential
matters pertaining to project selection, the award of grants or
contracts, personnel matter, or the receipt of legal advice.
(2) The minutes of all meetings of the Corporation shall be made
available to and readily accessible by the public.
(h) Annual Report.--Each year the Corporation shall prepare and
make publicly available a report which includes an identification and
description of all programs and projects undertaken by the Corporation
during the previous year as well as those planned for the coming year.
The report shall also detail the allocation or planned allocation of
Corporation resources for each such program and project.
SEC. 5. ASSESSMENTS.
(a) Amount.--(1) In all calendar years following its establishment,
the Corporation shall collect an assessment on distribution utilities
for all fossil fuel-based electricity delivered directly to retail
consumers. The assessments shall reflect the relative carbon dioxide
emission rates of different fossil fuel-based electricity, and
initially shall be not less than the following amounts for coal,
natural gas, and oil:
Rate of assessment
Fuel type: per kilowatt hour:
Coal............................................... $0.00043
Natural Gas........................................ $0.00022
Oil................................................ $0.00032
(2) The Corporation is authorized to adjust the assessments on
fossil fuel-based electricity to reflect changes in the expected
quantities of such electricity from different fuel types, such that the
assessments generate not less than $1.0 billion and not more than $1.1
billion annually. The Corporation is authorized to supplement
assessments through additional financial commitments.
(b) Investment of Funds.--Pending disbursement pursuant to a
program, plan, or project, the Corporation may invest funds collected
through assessments under this section, and any other funds received by
the Corporation, only in obligations of the United States or any agency
thereof, in general obligations of any State or any political
subdivision thereof, in any interest-bearing account or certificate of
deposit of a bank that is a member of the Federal Reserve System, or in
obligations fully guaranteed as to principal and interest by the United
States.
(c) Reversion of Unused Funds.--If the Corporation does not
disburse, dedicate or assign 75 percent or more of the available
proceeds of the assessed fees in any calendar year 7 or more years
following its establishment, due to an absence of qualified projects or
similar circumstances, it shall reimburse the remaining undedicated or
unassigned balance of such fees, less administrative and other expenses
authorized by this Act, to the distribution utilities upon which such
fees were assessed, in proportion to their collected assessments.
SEC. 6. COMPLIANCE WITH CORPORATION ASSESSMENTS.
The Corporation may bring an action in the appropriate court of the
United States to compel compliance with an assessment levied by the
Corporation under this Act. A successful action for compliance under
this section may also require payment by the defendant of the costs
incurred by the Corporation in bringing such action.
SEC. 7. MIDCOURSE REVIEW.
Not later than 5 years following establishment of the Corporation,
the Comptroller General of the United States shall prepare an analysis,
and report to Congress, assessing the Corporation's activities,
including project selection and methods of disbursement of assessed
fees, impacts on the prospects for commercialization of carbon capture
and storage technologies, and adequacy of funding. The report shall
also make such recommendations as may be appropriate in each of these
areas. The Corporation shall reimburse the Government Accountability
Office for the costs associated with performing this midcourse review.
SEC. 8. RECOVERY OF COSTS.
(a) In General.--All costs that are incurred by a distribution
utility to comply with the requirements of this Act shall be deemed
necessary and reasonable costs and shall be fully and contemporaneously
recoverable in all jurisdictions. A distribution utility whose
transmission, delivery, or sales of electric energy are subject to any
form of rate regulation shall not be denied the opportunity to recover
the full amount of the costs associated with complying with this Act,
notwithstanding any other law, regulation, rule, administrative order,
or any agreement, including any settlement agreement, between the
distribution utility and any regulatory authority, including any State
regulatory authority, or any other party.
(b) Ratepayer Rebates.--Regulatory authorities that approve cost
recovery pursuant to section 8(a) may order rebates to ratepayers to
the extent that distribution utilities are reimbursed undedicated or
unassigned balances pursuant to section 5(c).
SEC. 9. LOBBYING RESTRICTIONS.
No funds collected by the Corporation shall be used in any manner
for influencing legislation or elections, except that the Corporation
may recommend to the Secretary and the Congress changes in this Act or
other statutes that would further the purposes of this Act.
SEC. 10. DAVIS-BACON COMPLIANCE.
The Corporation shall ensure that entities receiving grants,
contracts, or other financial support from the Corporation for the
project activities authorized by this Act are in compliance with the
Davis-Bacon Act (40 U.S.C. 276a--276a-5). | Carbon Capture and Storage Early Deployment Act - Authorizes qualified industry organizations to conduct a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation. Requires the Corporation to be established as a division or affiliate of the Electric Power Research Institute upon approval of those persons representing two-thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers.
Requires the Corporation, annually, to collect an assessment on such distribution utilities that shall reflect the relative carbon dioxide emission rates of different fossil fuel-based electricity. Sets initial rates of assessment for coal, natural gas, and oil. Authorizes the Corporation to adjust the assessments to reflect changes in the expected quantities of such electricity from different fuel types such that the assessments generate between $1.0 billion and $1.1 billion annually.
Authorizes the Corporation to collect assessments and conduct operations for 10 years. Dissolves the Corporation after 15 years.
Provides for the Corporation to use funds derived from assessments to: (1) issue grants and contracts to private, academic, and governmental entities to accelerate the commercial demonstration or availability of carbon dioxide capture and storage technologies and methods; and (2) purchase carbon dioxide through reverse auctions or other acquisition methods when needed to conduct tests of carbon dioxide store sites in the case of established projects that are storing carbon dioxide emissions.
Requires: (1) the Corporation to support large-scale demonstrations of carbon capture and storage (CCS) technologies capable of advancing the technologies to commercial readiness; and (2) the Corporation's Board to establish policies regarding the ownership of intellectual property developed as a result of Corporation support that encourage individual ingenuity and invention.
Authorizes Corporation grants or contracts for programs or projects of the Department of Energy (DOE) or its affiliated national laboratories and other fossil energy research entities and of academic organizations or consortia to accelerate the commercial development and demonstration of CCS or carbon capture and conversion technologies.
Provides for recovery of a distribution facility's costs of complying with this Act. | {"src": "billsum_train", "title": "To accelerate the development and early deployment of systems for the capture and storage of carbon dioxide emissions from fossil fuel electric generation facilities, and for other purposes."} | 3,011 | 436 | 0.584271 | 1.854779 | 0.822304 | 4.906566 | 7.164141 | 0.957071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Independent and Effective Federal
Defenders Act of 2016''.
SEC. 2. REVISION OF SYSTEM TO ENSURE ADEQUATE REPRESENTATION OF FEDERAL
DEFENDANTS.
Section 3006A of title 18, United States Code, is amended to read
as follows:
``Sec. 3006A. Adequate representation of defendants
``(a) Federal Defender Commission.--
``(1) In general.--There is established, as an independent
agency within the executive branch, the Federal Defender
Commission (hereinafter in this section referred to as the
`Commission').
``(2) Composition and appointment by president.--The
Commission shall consist of 12 members, appointed by the
President.
``(3) Director.--The President shall appoint a Director to
serve on the Commission. The Director shall have all of the
qualifications described in paragraph (5) and none of the
disqualifications described in paragraph (6). The term of the
Director shall be 6 years, but a Director may serve after the
expiration of that term until a successor takes office.
``(4) Considerations in appointment.--In appointing members
of the Commission, the President shall ensure that--
``(A) each of the 12 members of the Commission has
primary experience in criminal defense in a circuit in
which no other member of the Commission has such
experience at the time of the appointment; and
``(B) at least a majority of the members of the
Commission are individuals who are former Federal
defenders.
``(5) Qualifications of members.--To be a member of the
Commission, an individual must--
``(A) be a member of the bar of the highest court
of a State; and
``(B) have significant experience in the legal
defense of criminal cases or demonstrated a commitment
to indigent defense representation or juvenile defense
representation.
``(6) Disqualifications of members.--An individual shall
not serve on the Commission who is--
``(A) employed as a Federal defender;
``(B) employed as a prosecutor or law enforcement
official; or
``(C) serving as an active judicial officer of the
United States.
``(7) Term.--
``(A) Except as otherwise provided in this
paragraph, the term of a member of the Commission shall
be 6 years.
``(B) A member may serve after the expiration of
that member's term until a successor takes office.
``(C) Of the 12 members first appointed to the
Commission, 6 shall be initially appointed for 2-year
terms, so that the terms of members of the commission
are staggered.
``(8) Duties of commission.--The Commission shall--
``(A) consult with each United States district
court on a plan operating throughout the district for
furnishing representation to any person financially
unable to obtain representation;
``(B) appoint, taking into consideration the
recommendations of the relevant bar or bars of the
State, law schools in the State, and other
organizations and individuals, a Federal Public
Defender, having the same qualifications for service as
this subsection requires for a member of the Commission
and not having any of the disqualifications described
in this subsection, other than that described in
paragraph (6)(A), for such service, for each district
to carry out the plan for that district; and
``(C) develop for Federal Public Defender offices--
``(i) national guidelines on quality of
representation;
``(ii) program evaluation systems;
``(iii) attorney and staff evaluation
systems to ensure effective management and
representation;
``(iv) training, publications, and
seminars;
``(v) specialty resource centers;
``(vi) research and development pilot
projects;
``(vii) statistical studies; and
``(viii) committees, projects, or working
groups.
``(9) Plan may combine districts.--The plan may include a
combination of districts if such a combined office would be
cost effective, based on the number of appointments each year,
and where the interests of justice of effective representation
require the establishment of such an office. The Commission
shall determine the need for a Federal Public Defender office
and geographic boundaries it serves. However, the Commission
shall ensure that each Federal judicial district has within it
a Federal Public Defender office providing representation.
``(10) Staff.--The Commission may appoint additional
employees as it deems appropriate, to assist the Commission in
carrying out its duties.
``(11) Compensation of members and employees.--Members of
the Commission and employees of the Commission shall be
compensated at rates determined by the Commission, but not in
excess of the rate of level V of the Executive Schedule
specified in section 5316 of title 5.
``(12) Professional responsibility.--The Commission shall
not--
``(A) interfere with any attorney providing
representation under this section in carrying out such
attorney's professional responsibilities to such
attorney's client; or
``(B) abrogate as to attorneys in providing
representation under this section the authority of a
State or other jurisdiction to enforce standards of
professional responsibility generally applicable to
attorneys in such jurisdiction.
``(b) Requirements for Plan.--Each plan for representation under
this section shall include the following:
``(1) Representation provided in all cases.--Representation
shall be provided for any financially eligible person who--
``(A) is charged with a criminal offense;
``(B) is a juvenile alleged to have committed an
act of juvenile delinquency as defined in section 5031;
``(C) is charged with a violation of probation;
``(D) is under arrest, when such representation is
required by law;
``(E) is charged with a violation of supervised
release or faces modification, reduction, or
enlargement of a condition, or extension or revocation
of a term of supervised release;
``(F) is subject to a mental condition hearing
under chapter 313;
``(G) is in custody as a material witness;
``(H) is entitled to appointment of counsel under
the sixth amendment to the Constitution;
``(I) faces loss of liberty in a case, and Federal
law requires the appointment of counsel;
``(J) is entitled to the appointment of counsel
under section 4109;
``(K) is involved in a proceeding in which a
criminal adjudication may result;
``(L) is being considered for, or seeks to obtain,
under subsection (c)(1) or (c)(2) of section 3582, a
modification of a term of imprisonment; or
``(M) is involved in proceedings seeking clemency
or a pardon.
``(2) Representation provided in some cases.--Whenever the
United States magistrate judge or the court determines that the
interests of justice so require, representation may be provided
for any financially eligible person who seeks relief under
section 2241, 2254, or 2255 of title 28.
``(3) Appointment of private attorneys.--Each District
shall develop a panel of private attorneys. A private attorney
shall provide representation under this section when the nature
of the case or ethical considerations so require. Cases shall
be randomly assigned to private panel attorneys on a rotating
basis. The Federal Public Defender in the district shall not be
involved in the selection of private panel attorneys for
individual cases. The panel of private attorneys shall divide
themselves into areas of criminal proceeding expertise.
``(4) Qualifications of private attorneys.--To be a private
attorney on the panel, an individual must have significant
experience in the legal defense of criminal cases.
``(5) Ongoing training and certification of private
attorneys.--Each District shall develop and provide ongoing,
mandatory training programs for private attorneys on the panel.
All attorneys participating on a panel shall have their
performance in representing defendants regularly peer reviewed
by and certified by distinguished members of the local criminal
defense community.
``(6) Use of private attorneys.--Each plan shall provide
that private attorneys be appointed to represent defendants in
a substantial proportion of cases.
``(7) Use of other attorneys.--Each plan may include, in
addition to the provisions for private attorneys, for the use
of attorneys furnished by a bar association or legal aid
society.
``(c) Budget Analyst.--Each District shall have a budget analyst.
The budget analyst shall be hired by the Commission. The budget analyst
shall be operationally independent of the Federal Public Defender and
the judicial branch in such circuit. The budget analyst shall have
significant experience in criminal defense practice. The budget analyst
shall engage in timely, objective, and independent analysis of
reimbursement for costs submitted by the private attorneys. The budget
analyst may mediate any claims for reimbursement payments submitted by
private attorneys. The budget analyst will oversee and approve the use
of investigators and experts for cases.
``(d) Federal Public Defender.--
``(1) Duties and powers.--The Federal Public Defender in
each district shall carry out the plan for representation in
that district. In order to do so, the Federal Public Defender
may appoint such staff, establish salaries for the staff, and
make such contracts as are necessary to carry out the functions
of the office. The salary structure in each office shall be
commensurate with that provided for the lawyers and staff of
the United States Attorney for the relevant district.
``(2) Term.--The term of a Federal Public Defender is 4
years, but a Federal Public Defender may serve after the
expiration of that term until a successor takes office. The
Federal Public Defender may be appointed for more than one
term.
``(3) Removal.--The Commission may, with the concurrence of
three quarters of the members serving at the time of the
removal, remove a Federal Public Defender for cause.
``(4) Vacancy.--The Commission may fill a vacancy of the
office of Federal Public Defender for the remainder of the
term, in the same manner as the original appointment was made.
``(e) Alternative Means of Representation in a District.--
``(1) Generally.--The Commission may create a Community
Defender Organization to carry out the plan for representation
in the District. A Community Defender Organization shall be a
nonprofit defense counsel service established and administered
by any group authorized by the plan to provide representation.
The organization shall be eligible to furnish attorneys and
receive payments from the Commission if its bylaws are set
forth in the plan of the district or districts in which it will
serve.
``(2) Annual report.--Each organization shall submit to the
Commission an annual report setting forth its activities and
financial position and the anticipated caseload and expenses
for the next fiscal year.
``(3) Grants.--Upon application an organization may, to the
extent approved by the Commission--
``(A) receive an initial grant for expenses
necessary to establish the organization; and
``(B) receive periodic sustaining grants to provide
representation and other expenses pursuant to this
section.
``(f) Change of Structure Between That of Federal Public Defender
and That of Community Defender Organization.--Either a Community
Defender Organization or a Federal Public Defender may apply to the
Commission to change its structure to that of the other. The Commission
may allow that change if the Commission determines such a change would
better serve the purposes of this section.
``(g) Duration and Substitution of Appointments.--A person for whom
counsel is appointed shall be represented at every stage of the
proceedings from before being interviewed by pretrial services or a
probation officer through appeal, including ancillary matters
appropriate to the proceedings. If at any time after the appointment of
counsel the United States magistrate judge or the court finds that the
person is financially able to obtain counsel or to make partial payment
for the representation, it may terminate the appointment of counsel or
authorize payment as provided in subsection (f), as the interests of
justice may dictate. If at any stage of the proceedings, including an
appeal, the United States magistrate judge or the court finds that the
person is financially unable to pay counsel whom he had retained, it
may appoint counsel under this section, as the interests of justice may
dictate. The United States magistrate judge or the court may, in the
interests of justice, substitute one appointed counsel for another at
any stage of the proceedings.
``(h) Nonapplicability to Local Courts of the District of
Columbia.--This section does not apply to representation in the
Superior Court of the District of Columbia or the District of Columbia
Court of Appeals.
``(i) Definitions.--In this section the following definitions
apply:
``(1) Circuit.--The term `circuit' means one of the
circuits for which there is a United States court of appeals.
``(2) District court.--The term `district court' means each
district court of the United States created by chapter 5 of
title 28, the District Court of the Virgin Islands, the
District Court for the Northern Mariana Islands, and the
District Court of Guam.
``(3) Representation.--The term `representation' means
representation by legal counsel and also includes
investigative, expert, and other services necessary for
adequate representation.
``(4) State.--The term `State' includes any State or other
similar entity in which a district court is established.''.
SEC. 3. CONTINUATION OF ORGANIZATIONS ESTABLISHED BEFORE ENACTMENT.
A Federal Defender organization established before enactment of
this Act shall continue in operation, and the Federal Public Defender
then in office shall continue to serve the Federal Public Defender's
term in that capacity. A Community Defender Organization, committee,
project, or working group established before enactment of this Act
shall continue in operation.
SEC. 4. GENERAL ACCOUNTABILITY OFFICE STUDY.
Not later than 4 years after the date of the enactment of this Act,
the Comptroller General shall complete a study and report to Congress
on the provision and cost of Federal Defense services. | Independent and Effective Federal Defenders Act of 2016 This bill amends the federal criminal code to revise requirements related to the provision of adequate representation for defendants in federal criminal cases. Under current law, each U.S. district court must operate a plan, in accordance with specified requirements, for furnishing representation to any eligible person who is financially unable to obtain adequate representation. The bill revises these requirements and establishes the Federal Defender Commission as an independent agency tasked with ensuring the provision of adequate representation. | {"src": "billsum_train", "title": "Independent and Effective Federal Defenders Act of 2016"} | 3,078 | 147 | 0.51164 | 1.382662 | 0.707892 | 1.964706 | 34.341176 | 0.811765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Mergers,
Acquisitions, Sales, and Brokerage Simplification Act of 2017''.
SEC. 2. REGISTRATION EXEMPTION FOR MERGER AND ACQUISITION BROKERS.
Section 15(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(b)) is amended by adding at the end the following:
``(13) Registration exemption for merger and acquisition
brokers.--
``(A) In general.--Except as provided in
subparagraph (B), an M&A broker shall be exempt from
registration under this section.
``(B) Excluded activities.--An M&A broker is not
exempt from registration under this paragraph if such
broker does any of the following:
``(i) Directly or indirectly, in connection
with the transfer of ownership of an eligible
privately held company, receives, holds,
transmits, or has custody of the funds or
securities to be exchanged by the parties to
the transaction.
``(ii) Engages on behalf of an issuer in a
public offering of any class of securities that
is registered, or is required to be registered,
with the Commission under section 12 or with
respect to which the issuer files, or is
required to file, periodic information,
documents, and reports under subsection (d).
``(iii) Engages on behalf of any party in a
transaction involving a shell company, other
than a business combination related shell
company.
``(iv) Directly, or indirectly through any
of its affiliates, provides financing related
to the transfer of ownership of an eligible
privately held company.
``(v) Assists any party to obtain financing
from an unaffiliated third party without--
``(I) complying with all other
applicable laws in connection with such
assistance, including, if applicable,
Regulation T (12 CFR 220 et seq.); and
``(II) disclosing any compensation
in writing to the party.
``(vi) Represents both the buyer and the
seller in the same transaction without
providing clear written disclosure as to the
parties the broker represents and obtaining
written consent from both parties to the joint
representation.
``(vii) Facilitates a transaction with a
group of buyers formed with the assistance of
the M&A broker to acquire the eligible
privately held company.
``(viii) Engages in a transaction involving
the transfer of ownership of an eligible
privately held company to a passive buyer or
group of passive buyers. For purposes of the
preceding sentence, a buyer that is actively
involved in managing the acquired company is
not a passive buyer, regardless of whether such
buyer is itself owned by passive beneficial
owners.
``(ix) Binds a party to a transfer of
ownership of an eligible privately held
company.
``(C) Disqualifications.--An M&A broker is not
exempt from registration under this paragraph if such
broker is subject to--
``(i) suspension or revocation of
registration under paragraph (4);
``(ii) a statutory disqualification
described in section 3(a)(39);
``(iii) a disqualification under the rules
adopted by the Commission under section 926 of
the Investor Protection and Securities Reform
Act of 2010 (15 U.S.C. 77d note); or
``(iv) a final order described in paragraph
(4)(H).
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to limit any other
authority of the Commission to exempt any person, or
any class of persons, from any provision of this title,
or from any provision of any rule or regulation
thereunder.
``(E) Definitions.--In this paragraph:
``(i) Business combination related shell
company.--The term `business combination
related shell company' means a shell company
that is formed by an entity that is not a shell
company--
``(I) solely for the purpose of
changing the corporate domicile of that
entity solely within the United States;
or
``(II) solely for the purpose of
completing a business combination
transaction (as defined under section
230.165(f) of title 17, Code of Federal
Regulations) among one or more entities
other than the company itself, none of
which is a shell company.
``(ii) Control.--The term `control' means
the power, directly or indirectly, to direct
the management or policies of a company,
whether through ownership of securities, by
contract, or otherwise. There is a presumption
of control for any person who--
``(I) is a director, general
partner, member or manager of a limited
liability company, or corporate officer
of a corporation or limited liability
company, and exercises executive
responsibility (or has similar status
or functions);
``(II) has the right to vote 25
percent or more of a class of voting
securities or the power to sell or
direct the sale of 25 percent or more
of a class of voting securities; or
``(III) in the case of a
partnership or limited liability
company, has the right to receive upon
dissolution, or has contributed, 25
percent or more of the capital.
``(iii) Eligible privately held company.--
The term `eligible privately held company'
means a privately held company that meets both
of the following conditions:
``(I) The company does not have any
class of securities registered, or
required to be registered, with the
Commission under section 12 or with
respect to which the company files, or
is required to file, periodic
information, documents, and reports
under subsection (d).
``(II) In the fiscal year ending
immediately before the fiscal year in
which the services of the M&A broker
are initially engaged with respect to
the securities transaction, the company
meets either or both of the following
conditions (determined in accordance
with the historical financial
accounting records of the company):
``(aa) The earnings of the
company before interest, taxes,
depreciation, and amortization
are less than $25,000,000.
``(bb) The gross revenues
of the company are less than
$250,000,000.
For purposes of this subclause, the
Commission may by rule modify the
dollar figures if the Commission
determines that such a modification is
necessary or appropriate in the public
interest or for the protection of
investors.
``(iv) M&A broker.--The term `M&A broker'
means a broker, and any person associated with
a broker, engaged in the business of effecting
securities transactions solely in connection
with the transfer of ownership of an eligible
privately held company, regardless of whether
the broker acts on behalf of a seller or buyer,
through the purchase, sale, exchange, issuance,
repurchase, or redemption of, or a business
combination involving, securities or assets of
the eligible privately held company, if the
broker reasonably believes that--
``(I) upon consummation of the
transaction, any person acquiring
securities or assets of the eligible
privately held company, acting alone or
in concert, will control and, directly
or indirectly, will be active in the
management of the eligible privately
held company or the business conducted
with the assets of the eligible
privately held company; and
``(II) if any person is offered
securities in exchange for securities
or assets of the eligible privately
held company, such person will, prior
to becoming legally bound to consummate
the transaction, receive or have
reasonable access to the most recent
fiscal year-end financial statements of
the issuer of the securities as
customarily prepared by the management
of the issuer in the normal course of
operations and, if the financial
statements of the issuer are audited,
reviewed, or compiled, any related
statement by the independent
accountant, a balance sheet dated not
more than 120 days before the date of
the offer, and information pertaining
to the management, business, results of
operations for the period covered by
the foregoing financial statements, and
material loss contingencies of the
issuer.
``(v) Shell company.--The term `shell
company' means a company that at the time of a
transaction with an eligible privately held
company--
``(I) has no or nominal operations;
and
``(II) has--
``(aa) no or nominal
assets;
``(bb) assets consisting
solely of cash and cash
equivalents; or
``(cc) assets consisting of
any amount of cash and cash
equivalents and nominal other
assets.
``(F) Inflation adjustment.--
``(i) In general.--On the date that is 5
years after the date of the enactment of the
Small Business Mergers, Acquisitions, Sales,
and Brokerage Simplification Act of 2017, and
every 5 years thereafter, each dollar amount in
subparagraph (E)(ii)(II) shall be adjusted by--
``(I) dividing the annual value of
the Employment Cost Index For Wages and
Salaries, Private Industry Workers (or
any successor index), as published by
the Bureau of Labor Statistics, for the
calendar year preceding the calendar
year in which the adjustment is being
made by the annual value of such index
(or successor) for the calendar year
ending December 31, 2012; and
``(II) multiplying such dollar
amount by the quotient obtained under
subclause (I).
``(ii) Rounding.--Each dollar amount
determined under clause (i) shall be rounded to
the nearest multiple of $100,000.''.
SEC. 3. EFFECTIVE DATE.
This Act and any amendment made by this Act shall take effect on
the date that is 90 days after the date of the enactment of this Act.
Passed the House of Representatives December 7, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2017 (Sec. 2) This bill amends the Securities Exchange Act of 1934 to exempt from that Act's registration requirements merger-and-acquisition brokers that facilitate transfer of ownership in privately held companies with earnings or revenues under a specified threshold. This exemption shall not apply, however, to brokers that: receive, hold, transmit, or have custody of funds or securities to be exchanged by parties to an ownership transfer; engage on behalf of an issuer in a public offering of registered securities; engage on behalf of any party in a transaction involving specified shell companies; provide financing related to the transfer of ownership; assist any party to obtain financing from a third party in specified circumstances; represent both buyer and seller without disclosure and consent from both parties; facilitate a transaction with a group of buyers formed with the assistance of the broker; engage in transferring ownership to a passive buyer; bind a party to a transfer of ownership; or are subject to suspension or revocation of registration or to other specified disqualifications. | {"src": "billsum_train", "title": "Small Business Mergers, Acquisitions, Sales, and Brokerage Simplification Act of 2017"} | 2,191 | 250 | 0.576113 | 1.9442 | 0.774832 | 2.933649 | 9.838863 | 0.838863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Island Sound Restoration and
Stewardship Act''.
SEC. 2. AMENDMENTS.
(a) Long Island Sound Restoration Program.--Section 119 of the
Federal Water Pollution Control Act (33 U.S.C. 1269) is amended--
(1) in subsection (b), by striking the subsection
designation and heading and all that follows through ``The
Office shall'' and inserting the following:
``(b) Office.--
``(1) Establishment.--The Administrator shall--
``(A) continue to carry out the conference study;
and
``(B) establish an office, to be located on or near
Long Island Sound.
``(2) Administration and staffing.--The Office shall'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``Management Conference of the Long Island
Sound Study'' and inserting ``conference study'';
(B) in paragraph (2)--
(i) in each of subparagraphs (A) through
(G), by striking the commas at the end of the
subparagraphs and inserting semicolons;
(ii) in subparagraph (H), by striking ``,
and'' and inserting a semicolon;
(iii) in subparagraph (I), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(J) environmental impacts on the Long Island
Sound watershed, including--
``(i) the identification and assessment of
vulnerabilities in the watershed;
``(ii) the development and implementation
of adaptation strategies to reduce those
vulnerabilities; and
``(iii) the identification and assessment
of the impacts of sea level rise on water
quality, habitat, and infrastructure; and
``(K) planning initiatives for Long Island Sound
that identify the areas that are most suitable for
various types or classes of activities in order to
reduce conflicts among uses, reduce adverse
environmental impacts, facilitate compatible uses, or
preserve critical ecosystem services to meet economic,
environmental, security, or social objectives;'';
(C) by striking paragraph (4) and inserting the
following:
``(4) develop and implement strategies to increase public
education and awareness with respect to the ecological health
and water quality conditions of Long Island Sound;'';
(D) in paragraph (5), by inserting ``study'' after
``conference'';
(E) in paragraph (6)--
(i) by inserting ``(including on the
Internet)'' after ``the public''; and
(ii) by inserting ``study'' after
``conference''; and
(F) by striking paragraph (7) and inserting the
following:
``(7) monitor the progress made toward meeting the
identified goals, actions, and schedules of the Comprehensive
Conservation and Management Plan, including through the
implementation and support of a monitoring system for the
ecological health and water quality conditions of Long Island
Sound; and'';
(3) in subsection (d)(3), in the second sentence, by
striking ``50 per centum'' and inserting ``60 percent'';
(4) by redesignating subsection (f) as subsection (i); and
(5) by inserting after subsection (e) the following:
``(f) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the Long Island Sound Restoration and Stewardship
Act, and biennially thereafter, the Director of the Office, in
consultation with the Governor of each Long Island Sound State,
shall submit to Congress a report that--
``(A) summarizes and assesses the progress made by
the Office and the Long Island Sound States in
implementing the Long Island Sound Comprehensive
Conservation and Management Plan, including an
assessment of the progress made toward meeting the
performance goals and milestones contained in the Plan;
``(B) assesses the key ecological attributes that
reflect the health of the ecosystem of the Long Island
Sound watershed;
``(C) describes any substantive modifications to
the Long Island Sound Comprehensive Conservation and
Management Plan made during the 2-year period preceding
the date of submission of the report;
``(D) provides specific recommendations to improve
progress in restoring and protecting the Long Island
Sound watershed, including, as appropriate, proposed
modifications to the Long Island Sound Comprehensive
Conservation and Management Plan;
``(E) identifies priority actions for
implementation of the Long Island Sound Comprehensive
Conservation and Management Plan for the 2-year period
following the date of submission of the report; and
``(F) describes the means by which Federal funding
and actions will be coordinated with the actions of the
Long Island Sound States and other entities.
``(2) Public availability.--The Administrator shall make
the report described in paragraph (1) available to the public,
including on the Internet.
``(g) Annual Budget Plan.--The President shall submit, together
with the annual budget of the United States Government submitted under
section 1105(a) of title 31, United States Code, information regarding
each Federal department and agency involved in the protection and
restoration of the Long Island Sound watershed, including--
``(1) an interagency crosscut budget that displays for each
department and agency--
``(A) the amount obligated during the preceding
fiscal year for protection and restoration projects and
studies relating to the watershed;
``(B) the estimated budget for the current fiscal
year for protection and restoration projects and
studies relating to the watershed; and
``(C) the proposed budget for succeeding fiscal
years for protection and restoration projects and
studies relating to the watershed; and
``(2) a summary of any proposed modifications to the Long
Island Sound Comprehensive Conservation and Management Plan for
the following fiscal year.
``(h) Federal Entities.--
``(1) Coordination.--The Administrator shall coordinate the
actions of all Federal departments and agencies that impact
water quality in the Long Island Sound watershed in order to
improve the water quality and living resources of the
watershed.
``(2) Methods.--In carrying out this section, the
Administrator, acting through the Director of the Office, may--
``(A) enter into interagency agreements; and
``(B) make intergovernmental personnel
appointments.
``(3) Federal participation in watershed planning.--A
Federal department or agency that owns or occupies real
property, or carries out activities, within the Long Island
Sound watershed shall participate in regional and subwatershed
planning, protection, and restoration activities with respect
to the watershed.
``(4) Consistency with comprehensive conservation and
management plan.--To the maximum extent practicable, the head
of each Federal department and agency that owns or occupies
real property, or carries out activities, within the Long
Island Sound watershed shall ensure that the property and all
activities carried out by the department or agency are
consistent with the Long Island Sound Comprehensive
Conservation and Management Plan (including any related
subsequent agreements and plans).''.
(b) Long Island Sound Stewardship Program.--
(1) Long island sound stewardship advisory committee.--
Section 8 of the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) is amended--
(A) in subsection (g), by striking ``2011'' and
inserting ``2020''; and
(B) by adding at the end the following:
``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to--
``(1) the Advisory Committee; or
``(2) any board, committee, or other group established
under this Act.''.
(2) Reports.--Section 9(b)(1) of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended in the matter preceding subparagraph (A) by
striking ``2011'' and inserting ``2020''.
(3) Authorization.--Section 11 of the Long Island Sound
Stewardship Act of 2006 (33 U.S.C. 1269 note; Public Law 109-
359) is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (d) as
subsections (a) through (c), respectively; and
(C) in subsection (a) (as so redesignated), by
striking ``under this section each'' and inserting ``to
carry out this Act for a''.
(4) Effective date.--The amendments made by this subsection
take effect on October 1, 2011.
SEC. 3. REAUTHORIZATION.
(a) In General.--There are authorized to be appropriated to the
Administrator of the Environmental Protection Agency such sums as are
necessary for each of fiscal years 2016 through 2020 for the
implementation of--
(1) section 119 of the Federal Water Pollution Control Act
(33 U.S.C. 1269), other than subsection (d) of that section;
and
(2) the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359).
(b) Long Island Sound Grants.--There is authorized to be
appropriated to the Administrator of the Environmental Protection
Agency to carry out subsection (d) of section 119 of the Federal Water
Pollution Control Act (33 U.S.C. 1269) $40,000,000 for each of fiscal
years 2016 through 2020.
(c) Long Island Sound Stewardship Grants.--There is authorized to
be appropriated to the Administrator of the Environmental Protection
Agency to carry out the Long Island Sound Stewardship Act of 2006 (33
U.S.C. 1269 note; Public Law 109-359) $25,000,000 for each of fiscal
years 2016 through 2020. | Long Island Sound Restoration and Stewardship Act This bill reauthorizes the Management Conference of the Long Island Sound Study, the Long Island Sound Stewardship Act of 2006, the Long Island Sound Grants, and Long Island Sound Stewardship Grants through FY2020. The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Environmental Protection Agency's (EPA) Office of the Management Conference of the Long Island Sound Study to include in studies on strengthening the implementation of the Comprehensive Conservation and Management Plan for Long Island Sound: (1) environmental impacts on the Sound watershed; and (2) planning initiatives that identify areas most suitable for various activities in order to reduce conflicts among uses, reduce adverse environmental impacts, facilitate compatible uses, or preserve critical ecosystem services. The Office must: (1) develop and implement strategies to increase education and awareness about the ecological health and water quality of the Sound; and (2) monitor progress toward meeting the goals, actions, and schedules of the Plan. The limit on the federal share for certain grants for projects and studies to help implement the Plan is revised by increasing the limit for grants other than citizen involvement and education grants. A federal agency that owns or occupies real property, or carries out activities, within the Sound watershed must: (1) participate in regional and subwatershed planning, protection, and restoration activities; and (2) ensure that the property and activities are consistent with the Plan to the maximum extent practicable. | {"src": "billsum_train", "title": "Long Island Sound Restoration and Stewardship Act"} | 2,163 | 304 | 0.61778 | 1.851112 | 0.883552 | 3.524138 | 7.048276 | 0.889655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers Access to Justice Act
of 2008''.
SEC. 2. WAIVER OF SOVEREIGN IMMUNITY UNDER THE 11TH AMENDMENT WITH
RESPECT TO ENFORCEMENT OF USERRA.
(a) In General.--Section 4323 of title 38, United States Code, is
amended--
(1) in subsection (b) by striking paragraph (2) and
inserting the following new paragraph:
``(2) In the case of an action against a State (as an employer) by
a person, the action may be brought in the appropriate district court
of the United States or State court of competent jurisdiction.'';
(2) by redesignating subsection (j) as subsection (k); and
(3) by inserting after subsection (i) the following new
subsection:
``(j) Waiver of State Sovereign Immunity.--(1) A State's receipt or
use of Federal financial assistance for any program or activity of a
State shall constitute a waiver of sovereign immunity, under the 11th
amendment to the Constitution or otherwise, to a suit brought by--
``(A) a person who is or was an employee in that program or
activity for the rights or benefits authorized the person by
this chapter;
``(B) a person applying to be such an employee in that
program or activity for the rights or benefits authorized the
person by this chapter; or
``(C) a person seeking reemployment as an employee in that
program or activity for the rights or benefits authorized the
person by this chapter.
``(2) In this subsection, the term `program or activity' has the
meaning given that term in section 309 of the Age Discrimination Act of
1975 (42 U.S.C. 6107).''.
(b) Application.--The amendments made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are commenced after the date of the enactment of this
Act.
SEC. 3. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE DISPUTES ARISING
UNDER USERRA.
(a) In General.--Chapter 43 of title 38, United States Code, is
amended by inserting after section 4326 the following new section:
``Sec. 4327. Unenforceability of agreements to arbitrate disputes
``(a) Protection of Employee Rights.--Notwithstanding any other
provision of law, any clause of any agreement between an employer and
an employee that requires arbitration of a dispute arising under this
chapter shall not be enforceable.
``(b) Exceptions.--
``(1) Waiver or agreement after dispute arises.--Subsection
(a) shall not apply with respect to any dispute if, after such
dispute arises, the parties involved knowingly and voluntarily
agree to submit such dispute to arbitration.
``(2) Collective bargaining agreements.--Subsection (a)
shall not preclude the enforcement of any of the rights or
terms of a valid collective bargaining agreement.
``(c) Validity and Enforcement.--Any issue as to whether this
section applies to an arbitration clause shall be determined by Federal
law. Except as otherwise provided in chapter 1 of title 9, the validity
or enforceability of an agreement to arbitrate referred to in
subsection (a) or (b)(1) shall be determined by a court, rather than
the arbitrator, irrespective of whether the party resisting arbitration
challenges the agreement to arbitrate specifically or in conjunction
with other terms of the agreement.
``(d) Application.--This section shall apply with respect to all
contracts and agreements between an employer and an employee in force
before, on, or after the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 4326 the
following new item:
``4327. Unenforceability of agreements to arbitrate disputes.''.
(c) Application.--The provisions of section 4327 of title 38,
United States Code, as added by subsection (a), shall apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 4. ENHANCED REMEDIES FOR ENFORCEMENT OF USERRA.
(a) State and Private Employers.--Section 4323(d) of title 38,
United States Code, is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(2) in paragraph (4) (as so redesignated)--
(A) by inserting after ``compensation'' each place
it appears the following: ``or damages'';
(B) by striking ``subparagraph (B) or (C) of
paragraph (1)'' the first place it appears and
inserting ``paragraph (1) or (3), or both,''; and
(C) by striking ``subparagraph (B) or (C) of
paragraph (1)'' the second place it appears and
inserting ``paragraph (1) or (3), or both''; and
(3) by striking the subsection designation and heading and
paragraph (1) and inserting the following:
``(d) Remedies.--(1) A State or private employer who violates the
provisions of this chapter shall be liable to any person affected--
``(A) for damages in the amount of--
``(i) any wages, salary, benefits, or other
compensation denied or lost by such person by reason of
the violation; or
``(ii) in a case in which wages, salary, benefits,
or other compensation have not been denied or lost to
the person, any actual monetary losses sustained by the
person as a result of the violation;
``(B) the interest on the amount described in subparagraph
(A) calculated at the prevailing interest rates over the period
of time for which the damages are due; and
``(C) an additional amount as liquidated damages equal to
the sum of the amount described in subparagraph (A) and the
interest described in subparagraph (B), or $10,000, whichever
is greater except that, if the employer proves to the
satisfaction of the court that the act or omission giving rise
to the person's action was in good faith and that the employer
had reasonable grounds for believing the act or omission was
not a violation of the provisions of this chapter, the court
may award, in its discretion, no liquidated damages or award
any amount of liquidated damages not to exceed 100 percent of
the compensation or damages awarded under subparagraph (A) and
the interest described in subparagraph (B).
``(2) In any action under this section, the court may require the
employer to comply with the provisions of this chapter.''.
(b) Punitive Damages.--Section 4323(d) of such title is further
amended by inserting after paragraph (2) (as inserted by subsection
(a)(3) of this section) the following new paragraph:
``(3) In the case of a violation of the provisions of this chapter
by a State or private employer with 25 or more employees, the court
shall require the employer to pay the person affected punitive damages
if the court determines that the employer's violation of the provisions
of this chapter was done with malice or reckless indifference to the
rights of the person under this chapter.''.
(c) Right to Jury Trial.--Section 4323(d) of such title is further
amended by adding at the end the following:
``(6) A person who commences an action under this section shall be
entitled to a trial by jury.''.
(d) Federal Government Employers.--Section 4324(c)(2) of such title
is amended to read as follows:
``(2) If the Board determines that a Federal executive agency or
the Office of Personnel Management has violated the provisions of this
chapter relating to the employment or reemployment of a person by the
agency, the Board shall enter an order requiring the agency or Office
to comply with such provisions and to compensate such person--
``(A) for damages in the amount of--
``(i) any wages, salary, benefits, or other
compensation denied or lost by such person by reason of
the violation; or
``(ii) in a case in which wages, salary, benefits,
or other compensation has not been denied or lost to
the person, any actual monetary losses sustained by the
person as a result of the violation;
``(B) the interest on the amount described in subparagraph
(A) calculated at the prevailing interest rates over the period
of time for which the damages are due; and
``(C) an additional amount as liquidated damages equal to
the sum of the amount described in subparagraph (A) and the
interest described in subparagraph (B), or $10,000, whichever
is greater; except that, if the Federal executive agency or the
Office of Personnel Management proves to the satisfaction of
the Board that the act or omission giving rise to such person's
complaint was in good faith and that the agency or Office had
reasonable grounds for believing that the act or omission was
not a violation of the provisions of this chapter, the Board
may award, in the discretion of the Board, no liquidated
damages or award any amount of liquidated damages not to exceed
100 percent of the compensation or damages awarded under
subparagraph (A) and the interest described in subparagraph
(B).''.
(e) Application.--The amendments made by this section shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are commenced after the date of the enactment of this
Act.
SEC. 5. REQUIRED AWARD OF ATTORNEY FEES IN ACTIONS TO ENFORCE
PROVISIONS OF USERRA.
(a) Enforcement of Rights With Respect to a State or Private
Employer.--Section 4323(h)(2) of title 38, United States Code, is
amended by striking ``may'' and inserting ``shall''.
(b) Enforcement of Rights With Respect to Federal Executive
Agencies.--Section 4324(c)(4) of such title is amended by striking
``the Board may, in its discretion, award'' and inserting ``the Board
shall award''.
(c) Application.--The amendments made subsections (a) and (b) shall
apply to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 6. CLARIFYING THE DEFINITION OF ``SUCCESSOR IN INTEREST''.
(a) In General.--Section 4303(4) of title 38, United States Code,
is amended by adding at the end the following new subparagraph:
``(D)(i) The term `successor in interest' shall be
determined for purposes of subparagraph (A)(iv) on a case-by-
case basis using a multifactor test which considers the
following factors regardless of the form of the succession:
``(I) Substantial continuity of the same business
operations.
``(II) Use of the same plant.
``(III) Continuity of work force.
``(IV) Similarity of jobs and working conditions.
``(V) Similarity of supervisory personnel.
``(VI) Similarity in machinery, equipment, and
production methods.
``(VII) Similarity of products or services.
``(ii) The successor's lack of notice or awareness of a
potential or pending claim under this chapter at the time of a
merger, acquisition, or other form of succession shall not be
considered when applying the multifactor test under clause
(i).''.
(b) Application.--The amendment made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 7. CLARIFICATION THAT USERRA HAS NO STATUTE OF LIMITATIONS.
(a) In General.--Section 4323(i) of title 38, United States Code,
is amended to read as follows:
``(i) Absence of a Statute of Limitations Period.--No Federal,
State, or any other statute of limitations shall apply to any
proceeding under this chapter, including the statute of limitations in
section 1658(a) of title 28.''.
(b) Application.--The amendment made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 8. CLARIFYING THAT USERRA PROHIBITS WAGE DISCRIMINATION AGAINST
MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 4303(2) of title 38, United States Code,
is amended by striking ``(other than wages or salary for work
performed)'' and inserting ``(including wages or salary)''.
(b) Application.--The amendment made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act.
SEC. 9. REQUIRING EQUITABLE RELIEF WHEN APPROPRIATE.
(a) In General.--Section 4323(e) of title 38, United States Code,
is amended--
(1) by striking ``The court may use'' and inserting ``(1)
The court shall use, in any case in which the court determines
it is appropriate,''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding rule 65 of the Federal Rules of Civil
Procedure or any other provision of law, for purposes of determining
whether to issue an injunction or restraining order pursuant to
paragraph (1)--
``(A) an employer's denial of reemployment or retention in
employment shall constitute irreparable harm to a person who is
denied reemployment or retention in employment if an injunction
to reinstate such person is not issued, and such person shall
be considered to have no adequate remedy at law;
``(B) if the court balances the hardships between the
parties, there shall be a rebuttable presumption that the
balance of harm to a person who is denied reemployment or
retention in employment if an injunction to reinstate such
person is not issued outweighs the harm to such person's
employer or former employer if an injunction is issued to
reinstate such person; and
``(C) if the court considers the public interest or public
policy, there shall be a rebuttable presumption that the
issuance of an injunction to reinstate a person who is denied
reemployment or retention in employment is in the public
interest and advances public policy.''.
(b) Application.--The amendments made by subsection (a) shall apply
to--
(1) any failure to comply with a provision of or any
violation of chapter 43 of title 38, United States Code, that
occurs before, on, or after the date of the enactment of this
Act; and
(2) to all actions or complaints filed under such chapter
43 that are pending on or after the date of the enactment of
this Act. | Servicemembers Access to Justice Act of 2008 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator).
Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases.
Requires (current law authorizes) the award of attorney fees in actions to enforce USERRA.
Defines "successor in interest" for USERRA purposes.
Prohibits: (1) any statute of limitations from applying to USERRA proceedings; and (2) wage discrimination against members covered under USERRA.
Requires (current law authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994, and for other purposes."} | 3,793 | 263 | 0.547097 | 1.629626 | 0.737249 | 2.19802 | 17.074257 | 0.861386 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Quality
Assurance Act of 1996''.
SEC. 2. FINDINGS.
Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) the private security industry provides numerous
opportunities for entry-level job applicants, including
individuals suffering from unemployment due to economic
conditions or dislocations;
(3) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are only supplemented by private security officers
who provide prevention and reporting services in support of,
but not in place of, regular sworn police;
(4) given the growth of large private shopping malls, and
the consequent reduction in the number of public shopping
streets, the American public is more likely to have contact
with private security personnel in the course of a day than
with sworn law enforcement officers;
(5) regardless of the differences in their duties, skill,
and responsibilities, the public has difficulty in discerning
the difference between sworn law enforcement officers and
private security personnel; and
(6) the American public demands the employment of
qualified, well-trained private security personnel as an
adjunct, but not a replacement for sworn law enforcement
officers.
SEC. 3. BACKGROUND CHECKS.
(a) In General.--An association of employers of private security
officers, designated for the purpose of this section by the Attorney
General, may submit fingerprints or other methods of positive
identification approved by the Attorney General, to the Attorney
General on behalf of any applicant for a State license or certificate
of registration as a private security officer or employer of private
security officers. In response to such a submission, the Attorney
General may, to the extent provided by State law conforming to the
requirements of the second paragraph under the heading ``Federal Bureau
of Investigation'' and the subheading ``Salaries and Expenses'' in
title II of Public Law 92-544 (86 Stat. 1115), exchange, for licensing
and employment purposes, identification and criminal history records
with the State governmental agencies to which such applicant has
applied.
(b) Regulations.--The Attorney General may prescribe such
regulations as may be necessary to carry out this section, including
measures relating to the security, confidentiality, accuracy, use, and
dissemination of information and audits and recordkeeping and the
imposition of fees necessary for the recovery of costs.
(c) Report.--The Attorney General shall report to the Senate and
House Committees on the Judiciary 2 years after the date of enactment
of this bill on the number of inquiries made by the association of
employers under this section and their disposition.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that States should participate in the
background check system established under section 3.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``employee'' includes an applicant for
employment;
(2) the term ``employer'' means any person that--
(A) employs one or more private security officers;
or
(B) provides, as an independent contractor, for
consideration, the services of one or more private
security officers (possibly including oneself);
(3) the term ``private security officer''--
(A) means--
(i) an individual who performs security
services, full or part time, for consideration
as an independent contractor or an employee,
whether armed or unarmed and in uniform or
plain clothes whose primary duty is to perform
security services, or
(ii) an individual who is an employee of an
electronic security system company who is
engaged in one or more of the following
activities in the State: burglar alarm
technician, fire alarm technician, closed
circuit television technician, access control
technician, or security system monitor; but
(B) does not include--
(i) sworn police officers who have law
enforcement powers in the State,
(ii) attorneys, accountants, and other
professionals who are otherwise licensed in the
State,
(iii) employees whose duties are primarily
internal audit or credit functions,
(iv) persons whose duties may incidentally
include the reporting or apprehension of
shoplifters or trespassers, or
(v) an individual on active duty in the
military service;
(4) the term ``certificate of registration'' means a
license, permit, certificate, registration card, or other
formal written permission from the State for the person to
engage in providing security services;
(5) the term ``security services'' means the performance of
one or more of the following:
(A) the observation or reporting of intrusion,
larceny, vandalism, fire or trespass;
(B) the deterrence of theft or misappropriation of
any goods, money, or other item of value;
(C) the observation or reporting of any unlawful
activity;
(D) the protection of individuals or property,
including proprietary information, from harm or
misappropriation;
(E) the control of access to premises being
protected;
(F) the secure movement of prisoners;
(G) the maintenance of order and safety at
athletic, entertainment, or other public activities;
(H) the provision of canine services for protecting
premises or for the detection of any unlawful device or
substance; and
(I) the transportation of money or other valuables
by armored vehicle; and
(6) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands.
Passed the House of Representatives September 26, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Private Security Officer Quality Assurance Act of 1996 - Authorizes an association of employers of private security officers (officers) to submit fingerprints or other methods of positive identification to the Attorney General for background checks of such officers. Allows the Attorney General to: (1) exchange identification and criminal history records with State governmental agencies for licensing and employment purposes; and (2) prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Expresses the sense of the Congress that States should participate in the background check system established under this Act. | {"src": "billsum_train", "title": "Private Security Officer Quality Assurance Act of 1996"} | 1,251 | 123 | 0.546505 | 1.537414 | 0.688636 | 3.948276 | 10.439655 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Job Corps Act''.
SEC. 2. ESTABLISHMENT AND OPERATION OF VETERANS' JOB CORPS.
(a) Establishment and Purpose.--In order to provide employment
opportunities to veterans and widows and to provide for the restoration
of depleted natural resources in the United States and the advancement
of an orderly program of useful public works, the President may
establish and operate a Veterans' Job Corps to employ veterans and
widows who are otherwise unemployed, in the construction, maintenance,
and carrying on of works of a public nature in connection with--
(1) the forestation of lands belonging to the United States
or a State;
(2) the prevention of forest fires, floods, and soil
erosion;
(3) public safety;
(4) plant pest and disease control;
(5) the construction, maintenance, or repair of paths,
trails, and fire-lanes in units of the National Park System,
public lands, and other lands under the jurisdiction of the
Secretary of the Interior and units of the National Forest
System; and
(6) such other work on Federal or State land incidental to
or necessary in connection with any projects of the character
enumerated in paragraphs (1) through (5) that the President
determines to be desirable.
(b) Role of Federal Agencies.--To operate the Veterans' Job Corps,
the President may use existing Federal departments and agencies,
including the Department of the Interior, the Department of
Agriculture, and the Department of Veterans Affairs.
(c) Inclusion of Other Lands.--The President may extend the
activities of the Veterans' Job Corps to lands owned by a political
subdivision of a State and lands in private ownership for the purpose
of conducting such kinds of cooperation work authorized by law in
preventing and controlling forest fires and the attacks of forest tree
pests and diseases and such work as is necessary and in the public
interest to control floods.
(d) Contract Authority.--The President may enter into such
contracts or agreements that may be necessary to carry out this Act.
(e) Acquisition of Real Property.--The President, or the head of
any department or agency authorized by the President to construct any
project or to carry on any public works under this Act, may acquire
real property for such project or public work by purchase, donation, or
otherwise.
SEC. 3. ADMINISTRATION OF VETERANS' JOB CORPS.
(a) Employment Preference.--The President shall employ individuals
in the Veterans' Job Corps in the following order of preference:
(1) Unemployed veterans.
(2) Widows who, immediately before employment in the
Veterans' Job Corps, are eligible for unemployment compensation
payable under any State law or Federal unemployment
compensation law, including any additional compensation or
extended compensation under such laws.
(b) Housing and Care of Employees.--The President may provide
housing for individuals employed in the Veterans' Job Corps and furnish
them with such subsistence, clothing, medical attendance and
hospitalization, and cash allowance, as may be necessary, during the
period they are so employed.
(c) Transportation.--The President may provide for the
transportation of individuals employed in the Veterans' Job Corps to
and from the places of employment.
(d) Exclusion.--The following individuals may not be employed under
the provisions of this Act:
(1) An individual convicted of a felony.
(2) A veteran who was discharged from the Armed Forces
under dishonorable conditions.
SEC. 4. USE OF FUNDS.
(a) Use of Unobligated Funds Appropriated for Public Works.--
(1) Use of existing funds.--In addition to any amounts
appropriated to carry out this Act, the President may use any
moneys previously appropriated for public works and unobligated
as of the date of the enactment of this Act to establish and
operate a Veterans' Job Corps under this Act.
(2) Use to relieve unemployment.--Not less than 75 percent
of the funds used pursuant to paragraph (1) shall be used to
provide for the employment of individuals under this Act.
(b) Duration of Availability.--Amounts appropriated to carry out
this Act or made available under subsection (b) shall remain available
until expended.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``veteran'' has the meaning given that term in
section 101(2) of title 38, United States Code.
(2) The term ``widow''--
(A) means the spouse of a veteran who has not
remarried after the death of such veteran; and
(B) includes widowers.
SEC. 6. TERMINATION.
The authority of the President to establish and operate a Veterans'
Job Corps under this Act expires on September 30, 2018. | Veterans' Job Corps Act - Authorizes the President to establish and operate a Veterans' Job Corps to employ veterans and veterans' widows or widowers who are otherwise unemployed in the construction, maintenance, and carrying on of public works in connection with: (1) the forestation of U.S. or state lands; (2) the prevention of forest fires, floods, and soil erosion; (3) public safety; (4) plant pest and disease control; and (5) the construction, maintenance, or repair of paths, trails, and fire-lanes in National Park System units and other public lands.
Directs the President to employ individuals in the Corps in the following order of preference: (1) unemployed veterans, and (2) widows or widowers who are eligible for unemployment compensation immediately before employment in the Corps.
Authorizes the President to provide individuals employed in the Corps with housing, necessary subsistence, clothing, medical attendance and hospitalization, a cash allowance, and transportation to and from the places of employment.
Prohibits the employment in the Corps of an individual convicted of a felony or a veteran who was discharged from the Armed Forces under dishonorable conditions. | {"src": "billsum_train", "title": "To authorize the President to establish the Veterans' Job Corps as a means of providing gainful employment to unemployed veterans and widows of veterans through the performance of useful public works, and for other purposes."} | 1,044 | 251 | 0.718296 | 2.122048 | 0.749221 | 5.515419 | 4.303965 | 0.977974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Measures to Prevent Childhood
Obesity Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Obesity is related to more than 30 chronic conditions,
including diabetes, cancer, cardiovascular disease, and
arthritis.
(2) Obesity has become a major health concern for millions
of Americans, as 1 in 3 adults and nearly 1 in 5 children have
obesity, according to the Centers for Disease Control and
Prevention.
(3) Left unchecked, nearly 50 percent of Americans will be
obese by 2030, according to a recent study.
(4) Rates of obesity among children and adolescents have
nearly tripled since 1980, according to the Centers for Disease
Control and Prevention.
(5) The Centers for Disease Control and Prevention
estimates that more than 75 percent of health care costs are
due to chronic conditions.
(6) A recent study conducted by researchers at Cornell
University and Lehigh University concluded that obesity
accounts for nearly 21 percent of health care costs in America.
(7) Direct medical spending on obesity could exceed
$300,000,000,000 annually by 2018, according to an analysis
conducted by McKinsey and Company.
(8) Obesity has become a threat to national security and is
the leading medical reason for applicants failing to qualify
for military service, according to a report issued by
Mission:Readiness.
(9) A report issued by the Trust for America's Health
concludes that reducing the average body mass index by 5
percent in the United States could lead to more than
$29,000,000,000 in health care savings in five years.
(10) Studies show that an overweight or obese child or
adolescent is significantly more likely to have obesity as an
adult.
(11) Tracking, measuring, and monitoring body mass index
for children is vital in facilitating a lifetime of healthy
behaviors.
(12) Body mass index should be considered as a vital sign.
SEC. 3. MEASURES TO PREVENT CHILDHOOD OBESITY ACT.
(a) Reporting of Body Mass Index Information Requirement for
Children.--
(1) In general.--Subsection (a) of section 2125 of the
Public Health Service Act (42 U.S.C. 300aa-25) is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period and adding ``, and'' at
the end of paragraph (4); and
(C) by adding at the end the following new
paragraph:
``(5) the age, gender, height, and weight of each person
vaccinated to calculate the body mass index of such person.''.
(2) Reporting.--Subsection (b) of such section is amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (B);
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following new subparagraph:
``(C) the information recorded under subsection
(a)(5), and''; and
(B) by adding at the end the following new
paragraph:
``(4) Each health provider shall also report to the
relevant department of the State in which such health care
provider practices the data collected under subsection
(a)(5).''.
(b) Grants for Body Mass Index Data Analysis.--
(1) Establishment.--The Secretary of Health and Human
Services (in this subsection referred to as the ``Secretary'')
may make grants to not more than 20 eligible entities to
analyze body mass index (in this section referred to as
``BMI'') measurements of children, ages 2 through 18.
(2) Eligibility.--An eligible entity for purposes of this
section is a State (including the District of Columbia, the
Commonwealth of Puerto Rico, and each territory of the United
States) that has a statewide immunization information system
that--
(A) has the capacity to store basic demographic
information (including date of birth, gender, and
geographic area of residence), height, weight, and
immunization data for each resident of the State;
(B) is accessible to doctors, nurses, other
licensed health care professionals, and officials of
the relevant department in the State charged with
maintaining health and immunization records; and
(C) has the capacity to integrate large amounts of
data for the analysis of BMI measurements.
(3) Use of funds.--A State that receives a grant under this
section shall use the grant for the following purposes:
(A) Analyzing the effectiveness of obesity
prevention programs and wellness policies carried out
in the State.
(B) Purchasing new computers, computer equipment,
and software to upgrade computers to be used for a
statewide immunization information system.
(C) The hiring and employment of personnel to
maintain and analyze BMI data.
(D) The development and implementation of training
programs for health care professionals to aid such
professionals in taking BMI measurements and discussing
such measurements with patients.
(E) Providing information to parents and legal
guardians in accordance with paragraph (5)(B).
(4) Selection criteria.--In selecting recipients of grants
under this section, the Secretary shall give priority to States
in which a high percentage of public and private health care
providers submit data to a statewide immunization information
system that--
(A) contains immunization data for not less than 20
percent of the population of such State that is under
the age of 18; and
(B) includes data collected from men and women who
are of a wide variety of ages and who reside in a wide
variety of geographic areas in a State (as determined
by the Secretary).
(5) Conditions.--As a condition of receiving a grant under
this section, a State shall--
(A) ensure that BMI measurements will be recorded
for children ages 2 through 18--
(i) on an annual basis by a licensed
physician, nurse, nurse practitioner, or
physicians assistant during an annual physical
examination, wellness visit, or similar visit
with a physician; and
(ii) in accordance with data collection
protocols published by the American Academy of
Pediatrics in the 2007 Expert Committee
Recommendations; and
(B) for each child in the State for whom such
measurements indicate a BMI greater than the 95th
percentile for such child's age and gender, provide to
the parents or legal guardians of such child
information on how to lower BMI and information on
State and local obesity prevention programs.
(6) Reports.--
(A) Reports to the secretary.--Not later than 5
years after the receipt of a grant under this section,
the State receiving such grant shall submit to the
Secretary the following reports:
(i) A report containing an analysis of BMI
data collected using the grant, including--
(I) the differences in obesity
trends by gender, disability,
geographic area (as determined by the
State), and socioeconomic status within
such State; and
(II) the demographic groups and
geographic areas most affected by
obesity within such State.
(ii) A report containing an analysis of the
effectiveness of obesity prevention programs
and State wellness policies, including--
(I) an analysis of the success of
such programs and policies prior to the
receipt of the grant; and
(II) a discussion of the means to
determine the most effective strategies
to combat obesity in the geographic
areas identified under clause (i).
(B) Report to congress and certain executive
agencies.--Not later than 1 year after the Secretary
receives all the reports required pursuant to
subparagraph (A), the Secretary shall submit to the
Secretary of Education, the Secretary of Agriculture,
and to Congress a report that contains the following:
(i) An analysis of trends in childhood
obesity, including how such trends vary across
regions of the United States, and how such
trends vary by gender and socioeconomic status.
(ii) A description of any programs that--
(I) the Secretary has determined
significantly lower childhood obesity
rates for certain geographic areas in
the United States, including urban,
rural, and suburban areas; and
(II) the Secretary recommends to be
implemented by the States (including
States that did not receive a grant
under this section).
(7) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section for each of fiscal years
2013 through 2018. | Measures to Prevent Childhood Obesity Act of 2012 - Amends the Public Health Service Act to require: (1) each health care provider that administers a vaccine set forth in the Vaccine Injury Table to record in the vaccinated person's medical record the person's age, gender, height, and weight to calculate body mass index (BMI); (2) the provider and the vaccine manufacturer to report such information to the Secretary of Health and Human Services (HHS); and (3) the provider to report to the relevant department of the state in which it practices the data collected.
Authorizes the Secretary to make grants to not more than 20 entities (states and territories with statewide immunization information systems that meet certain requirements) to analyze BMI measurements of children of ages 2 through 18.
Gives priority in grant selection to states in which a high percentage of health care providers submit data to a statewide immunization information system that contains immunization data for at least 20 percent of the population under the age of 18 and includes data collected from men and women of a wide variety of ages who reside in a wide variety of geographic areas.
Provides standards for BMI measurement in recipient states, including concerning the providing of information on state and local obesity prevention programs.
Sets forth state reporting requirements regarding BMI data and obesity prevention and wellness programs and policies.
Requires a report to Congress and the Departments of Education and of Agriculture (USDA) analyzing childhood obesity trends and describing programs that significantly lower childhood obesity rates for certain geographic areas and which the Secretary recommends for implementation by states. | {"src": "billsum_train", "title": "To prevent childhood obesity."} | 1,838 | 347 | 0.442911 | 1.34723 | 0.590137 | 2.953947 | 5.851974 | 0.881579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secret Evidence Repeal Act of
2000''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) No person physically present in the United States,
including its outlying possessions, should be deprived of
liberty based on evidence kept secret from that person,
including information classified for national security reasons.
(2) Removal from the United States can separate a person
from the person's family, may expose the person to persecution
and torture, and amounts to a severe deprivation of liberty.
(3) Use of secret evidence in immigration proceedings
deprives the alien of due process rights guaranteed under the
United States Constitution and undermines our adversarial
system, which relies on cross-examination as an engine of
truth-seeking.
SEC. 3. APPLICATION OF PROCEDURES USED UNDER CLASSIFIED INFORMATION
PROCEDURES ACT (CIPA) TO IMMIGRATION PROCEEDINGS.
(a) Application of Procedures Used under Classified Information
Procedures Act (CIPA) to Immigration Proceedings.--Chapter 9 of title
II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is
amended by adding at the end the following new section:
``application of procedures used under classified information
procedures act to immigration proceedings
``Sec. 295. (a) Notice of Intended Use of Classified Information.--
``(1) In general.--In any immigration proceeding in which
the Attorney General seeks to use classified information, the
Attorney General shall inform the alien and the presiding
officer in advance. To the maximum extent practicable, if the
Attorney General is initiating such proceeding, the Attorney
General shall provide such notice within 15 days after
initiating the proceeding.
``(2) Limitation.--The Attorney General may seek to use
classified information only in an immigration proceeding in
which the alien is alleged to be deportable under section
237(a)(4)(B) or to oppose an application for admission or an
application for discretionary relief from removal and only
after issuing the following certification:
``(A) Substantially the same information could not
reasonably be developed from open sources.
``(B) The Attorney General has informed the
classifying agency of its intent to use the classified
information in connection with immigration proceedings
and has requested such agency to declassify such
information as is permitted to be declassified under
the President's Executive Order on classification.
``(b) Referral of Classified Matters to District Court.--
``(1) In general.--In the case of an immigration proceeding
in which the Attorney General or the alien moves for a referral
under this section to consider matters relating to classified
information that may arise in connection with the proceeding,
the presiding officer shall forward the petition for review to
a Federal district court for the district in which the alien
resides or the place where the immigration proceedings are
pending, of the use of such information in such proceeding
under subsection (c). Any evidence which is the subject of a
petition shall not be considered in the immigration proceeding
and shall not be examined by the presiding officer, except as
provided in paragraph (3).
``(2) Suspension of immigration proceeding.--In the case of
an order or review provided for under paragraph (1), the
immigration proceeding may be suspended by the presiding
officer pending the disposition of such matter by the district
court involved (and any appeals related to such matter).
``(3) Submission of summary.--In the case of a referral
under paragraph (1)(A), after the application of subsection
(c), the district court shall issue an order to the presiding
officer at the proceeding indicating any unclassified summary
of classified information, and admissions in lieu of disclosure
of classified information, that may be used and the conditions
of its use at the proceeding. The presiding officer shall
determine whether any information approved by the order may be
offered at the immigration proceeding.
``(c) Application of CIPA.--
``(1) In general.--Subject to the succeeding provisions of
this section, in the cases described in subsection (b)(1)
involving review by a Federal district court of the use of
classified information in an immigration proceeding, the
provisions of the Classified Information Procedures Act (18
U.S.C. Appendix III) (in this section referred to as `CIPA')
shall apply to an alien who is a subject of the immigration
proceeding in the same manner as it applies to a defendant in a
criminal proceeding subject to CIPA.
``(2) General rules of application.--In applying subsection
(a), the following general rules apply:
``(A) Any reference in CIPA to--
``(i) a criminal defendant or a trial (or
pre-trial) proceeding is deemed to be a
reference to the alien who is the subject of
the immigration proceeding and to the
immigration proceeding;
``(ii) an indictment or information at
issue is deemed to be a reference to a notice
to appear;
``(iii) a dismissal of an indictment or
information is deemed a reference to
termination of the immigration proceeding
against an alien; and
``(iv) a trial court is deemed a reference
(in the case of an administrative immigration
proceeding) to the presiding officer in such
proceeding.
``(B) The provisions of section 2 of CIPA (other
than the last sentence) shall not be applied.
``(C) The Attorney General shall prescribe rules
establishing procedures for the protection against
unauthorized disclosure of classified information in
the custody of the Federal non-judicial officials in
immigration proceedings. Such rules shall apply instead
of the rules described in section 9 of CIPA.
``(D) Section 12 of CIPA shall not be applied to
immigration proceedings.
``(E) In lieu of the reports described in section
13 of CIPA, the Attorney General shall report annually
and in writing to the chairmen and ranking minority
members of the Committees on the Judiciary of the
Senate and the House of Representatives on the
implementation of this section. Such reports shall
include the following information about each case
brought under this section:
``(i) The alien's country of citizenship
or, if the alien was stateless, the country in
which the alien last habitually resided outside
of the United States.
``(ii) The alien's immigration status.
``(iii) The immigration benefit for which
the alien applied (if any).
``(iv) Whether the Federal district court
approved the summary of classified information
and the deletions or admissions proffered by
the Attorney General.
``(v) Whether the alien was ultimately
ordered removed under section 237(a)(4)(B) or
was granted or denied admission or the benefit
for which the alien applied.
``(d) Disclosure of Exculpatory Evidence.--In any immigration
proceeding under this section, the Attorney General shall disclose to
the alien information that it would be required to disclose to a
defendant in an analogous criminal proceeding under CIPA.
``(e) Construction Concerning Declassification of Information.--
Nothing in this section shall be construed as preventing an alien in an
immigration proceeding from seeking access to classified information
under section 552 of title 5, United States Code, or, in the case of
information which is not disclosed based on section 552(b)(1) of such
title, from initiating an action to seek to declassify some or all of
the information involved.
``(f) Definitions.--For purposes of this section:
``(1) Immigration proceeding.--The term `immigration
proceeding' means any administrative proceeding under this Act.
``(2) Presiding officer.--The term `presiding officer'
means, with respect to an immigration proceeding, the
administrative or judicial official who is presiding over the
immigration proceeding.''.
(b) Conforming Amendment.--Title V of the Immigration and
Nationality Act (8 U.S.C. 1531-1537) is repealed.
(c) Clerical Amendments.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) by inserting after the item relating to section 294 the
following new item:
``Sec. 295. Application of procedures used under Classified Information
Procedures Act to immigration
proceedings.''; and
(2) by striking the title heading, and the items, relating
to title V.
SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN OTHER IMMIGRATION
PROCEEDINGS.
(a) Alien's Rights in Proceedings.--Section 240(b)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B)) is amended to
read as follows:
``(B) subject to section 295, the alien shall have
a reasonable opportunity to examine all of the evidence
against the alien, to present evidence on the alien's
own behalf, and to cross-examine all witnesses
presented by the Government, and''.
(b) Burden on Alien.--Section 240(c)(2) of such Act (8 U.S.C.
1229a(c)(2)) is amended by striking the last sentence and inserting the
following:
``In meeting the burden of proof under subparagraph (B),
subject to section 295, the alien shall have access to the
alien's visa or other entry document, if any, and any other
records and documents pertaining the alien's admission or
presence in the United States.''.
SEC. 5. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS.
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226)
is amended by adding at the end the following:
``(f) Aliens' Rights in Bond Proceedings.--Subject to section 295,
in proceedings under this section--
``(1) the alien shall have the privilege of being
represented, at no expense to the Government, by counsel of the
alien's choosing who is authorized to practice in such
proceedings;
``(2) the alien shall have a reasonable opportunity to
examine all of the evidence against the alien, to present
evidence on the alien's own behalf, and to cross-examine all
witnesses presented by the Government; and
``(3) a complete record shall be kept of all testimony and
evidence produced at the proceeding.''.
SEC. 6. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL PERMANENT
RESIDENTS, ASYLUM SEEKERS, AND ALIENS PAROLED INTO THE
UNITED STATES.
Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1225(c)(1)) is amended to read as follows:
``(1) Removal without further hearing.--
``(A) In general.--Except in the case of an alien
described in subparagraph (B), if an immigration
officer or an immigration judge suspects that an
arriving alien may be inadmissible under subparagraph
(A) (other than clause (ii)), (B), or (C) of section
212(a)(3), the officer or judge shall--
``(i) order the alien removed, subject to
review under paragraph (2);
``(ii) report the order of removal to the
Attorney General; and
``(iii) not conduct any further inquiry or
hearing until ordered by the Attorney General.
``(B) Excepted aliens described.--An alien
described in this subparagraph is an alien who--
``(i) is a lawful permanent resident;
``(ii) was granted advance parole;
``(iii) was paroled into the United States
under section 212(d)(5); or
``(iv) is seeking asylum.''.
SEC. 7. TRANSITION.
(a) Application to Detainees.--Not more than 30 days after the
effective date of this Act, the Attorney General shall, with respect to
any alien then detained or whose liberty is otherwise restricted by the
Attorney General, on the basis in whole or in part of information
submitted by the Government ex parte and in camera to an immigration
judge, to the Board of Immigration Appeals or to any court--
(1) provide such alien a copy or transcript of such
information, and provide the alien with a redetermination of
bond (or a reconsideration of the terms of custody, as the case
may be) based on evidence disclosed to the alien and the
alien's response to such evidence;
(2) withdraw from the record of any proceedings involving
such alien any and all evidence, testimony, or other
information submitted by the Government ex parte and in camera
to the immigration judge, the Board of Immigration Appeals, or
to any court, as the case may be, and--
(A) release such alien if such alien is detained;
and
(B) cease all restrictions on the liberty of such
alien if such restrictions exist,
unless detention is warranted solely on the basis of evidence
disclosed to the alien; or
(3) release such alien.
(b) Application to Aliens Seeking Immigration Benefits.--Not more
than 30 days after the effective date of this Act, the Attorney General
shall, with respect to any alien physically present in the United
States whose application for an immigration benefit is or was opposed
by the Government on the basis in whole or in part of information
submitted by the Government ex parte and in camera to an immigration
judge, to the Board of Immigration Appeals, or to any court--
(1) provide such alien a copy or transcript of such
information and a reasonable opportunity to respond to such
information, and grant or deny the application or reopen the
proceedings and afford the alien de novo reconsideration of the
application, as the case may be, based solely on evidence in
the public record;
(2) withdraw from the record of any proceedings involving
such alien any and all evidence, testimony, or other
information submitted by the Government ex parte and in camera
to the immigration judge, the Board of Immigration Appeals, or
to any court, as the case may be, and grant or deny the
application or reopen the proceedings and afford the alien de
novo reconsideration of the application, as the case may be,
based solely on evidence in the public record; or
(3) grant the application.
(c) Termination of Proceedings.--In the case of an alien in
immigration proceedings as of the effective date of this Act conducted
under title V of the Immigration and Nationality Act--
(1) such proceedings are terminated as of the effective
date of this Act without prejudice to the Attorney General or
the alien; and
(2) the Attorney General may, in his or her discretion,
commence de novo removal proceedings within 10 days thereafter
under section 240 of the Immigration and Nationality Act (8
U.S.C. 1229a).
SEC. 8. REGULATIONS.
The Attorney General shall promulgate regulations, including
regulations governing applications for asylum, withholding of
deportation or removal, adjustment of status, naturalization, temporary
protected status, and relief from deportation, exclusion, or removal to
implement this Act not more than 90 days after the effective date of
this Act.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to all aliens without regard
to the date of arrival, admission, entry, or parole into the United
States. | Limits such information's use to: (1) terrorist activity deportation; or (2) opposition to an alien's admission or relief from removal upon certification that such information could not be developed from open sources and that an agency declassification request has been made.
Provides: (1) for Federal district court review of classified material upon Attorney General or alien request; and (2) that the court will issue an order indicating any unclassified summary of such material that may be used in the immigration proceeding. Applies the provisions of the Classified Information Procedures Act to an immigration proceeding under district court review in the same manner as a criminal proceeding subject to such Act.
(Sec. 4) States that an alien in a removal proceeding shall have a reasonable opportunity to examine all evidence, present evidence, and question witnesses, subject to the classified information provisions of this Act. (Current law excludes national security information from disclosure.)
(Sec. 5) Amends the Act to entitle an alien, subject to the classified information provisions of this Act, who is subject to arrest and detention for removal or deportation to: (1) non-federally provided counsel; (2) examine all evidence, present evidence, and question witnesses; and (3) have a complete record of the proceeding kept.
(Sec. 6) Exempts an alien who is a lawful permanent resident, parolee, or asylee from the security and related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.)
(Sec. 7) Provides for transitional application of information access provisions to alien detainees and aliens seeking immigration benefits.
(Sec.8) Requires the Attorney General to promulgate implementing regulations within 90 days of the effective date of this Act.
(Sec. 9) Makes the amendments of this Act effective upon enactment, and applicable to all aliens. | {"src": "billsum_train", "title": "Secret Evidence Repeal Act of 2000"} | 3,453 | 416 | 0.656613 | 2.184829 | 0.752623 | 2.192837 | 8.628099 | 0.898072 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Contracting and Tax Accountability
Act of 2015''.
SEC. 2. GOVERNMENTAL POLICY.
It is the policy of the United States Government that no Government
contracts or grants should be awarded to individuals or companies with
seriously delinquent Federal tax debts.
SEC. 3. DISCLOSURE AND EVALUATION OF CONTRACT OFFERS FROM DELINQUENT
FEDERAL DEBTORS.
(a) In General.--The head of any executive agency that issues an
invitation for bids or a request for proposals for a contract in an
amount greater than the simplified acquisition threshold shall require
each person that submits a bid or proposal to submit with the bid or
proposal a form--
(1) certifying that the person does not have a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the agency information limited to describing
whether the person has a seriously delinquent tax debt.
(b) Impact on Responsibility Determination.--The head of any
executive agency, in evaluating any offer received in response to a
solicitation issued by the agency for bids or proposals for a contract,
shall consider a certification that the offeror has a seriously
delinquent tax debt to be definitive proof that the offeror is not a
responsible source as defined in section 113 of title 41, United States
Code.
(c) Debarment.--
(1) Requirement.--Except as provided in paragraph (2), the
head of an executive agency shall initiate a suspension or
debarment proceeding against a person after receiving an offer
for a contract from such person if--
(A) such offer contains a certification (as
required under subsection (a)(1)) that such person has
a seriously delinquent tax debt; or
(B) the head of the agency receives information
from the Secretary of the Treasury (as authorized under
subsection (a)(2)) demonstrating that such a
certification submitted by such person is false.
(2) Waiver.--The head of an executive agency may waive
paragraph (1) with respect to a person based upon a written
finding of urgent and compelling circumstances significantly
affecting the interests of the United States. If the head of an
executive agency waives paragraph (1) for a person, the head of
the agency shall submit to Congress, within 30 days after the
waiver is made, a report containing the rationale for the
waiver and relevant information supporting the waiver decision.
(d) Release of Information.--The Secretary of the Treasury, in
consultation with the Director of the Office of Management and Budget,
shall make available to all executive agencies a standard form for the
authorization described in subsection (a).
(e) Revision of Regulations.--Not later than 270 days after the
date of enactment of this subsection, the Federal Acquisition
Regulation shall be revised to incorporate the requirements of this
section.
SEC. 4. DISCLOSURE AND EVALUATION OF GRANT APPLICATIONS FROM DELINQUENT
FEDERAL DEBTORS.
(a) In General.--The head of any executive agency that offers a
grant in excess of an amount equal to the simplified acquisition
threshold shall require each person applying for a grant to submit with
the grant application a form--
(1) certifying that the person does not have a seriously
delinquent tax debt; and
(2) authorizing the Secretary of the Treasury to disclose
to the head of the executive agency information limited to
describing whether the person has a seriously delinquent tax
debt.
(b) Impact on Determination of Financial Stability.--The head of
any executive agency, in evaluating any application for a grant offered
by the agency, shall consider a certification that the grant applicant
has a seriously delinquent tax debt to be definitive proof that the
applicant is high-risk and, if the applicant is awarded the grant,
shall take appropriate measures under guidelines issued by the Office
of Management and Budget for enhanced oversight of high-risk grantees.
(c) Debarment.--
(1) Requirement.--Except as provided in paragraph (2), the
head of an executive agency shall initiate a suspension or
debarment proceeding against a person after receiving a grant
application from such person if--
(A) such application contains a certification (as
required under subsection (a)(1)) that such person has
a seriously delinquent tax debt; or
(B) the head of the agency receives information
from the Secretary of the Treasury (as authorized under
subsection (a)(2)) demonstrating that such a
certification submitted by such person is false.
(2) Waiver.--The head of an executive agency may waive
paragraph (1) with respect to a person based upon a written
finding of urgent and compelling circumstances significantly
affecting the interests of the United States. If the head of an
executive agency waives paragraph (1) for a person, the head of
the agency shall submit to Congress, within 30 days after the
waiver is made, a report containing the rationale for the
waiver and relevant information supporting the waiver decision.
(d) Release of Information.--The Secretary of the Treasury, in
consultation with the Director of the Office of Management and Budget,
shall make available to all executive agencies a standard form for the
authorization described in subsection (a).
(e) Revision of Regulations.--Not later than 270 days after the
date of the enactment of this section, the Director of the Office of
Management and Budget shall revise such regulations as necessary to
incorporate the requirements of this section.
SEC. 5. DEFINITIONS AND SPECIAL RULES.
For purposes of this Act:
(1) Person.--
(A) In general.--The term ``person'' includes--
(i) an individual;
(ii) a partnership; and
(iii) a corporation.
(B) Exclusion.--The term ``person'' does not
include an individual seeking assistance through a
grant entitlement program.
(C) Treatment of certain partnerships.--A
partnership shall be treated as a person with a
seriously delinquent tax debt if such partnership has a
partner who--
(i) holds an ownership interest of 50
percent or more in that partnership; and
(ii) has a seriously delinquent tax debt.
(D) Treatment of certain corporations.--A
corporation shall be treated as a person with a
seriously delinquent tax debt if such corporation has
an officer or a shareholder who--
(i) holds 50 percent or more, or a
controlling interest that is less than 50
percent, of the outstanding shares of corporate
stock in that corporation; and
(ii) has a seriously delinquent tax debt.
(2) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 133 of title 41, United
States Code.
(3) Seriously delinquent tax debt.--
(A) In general.--The term ``seriously delinquent
tax debt'' means a Federal tax liability that--
(i) has been assessed by the Secretary of
the Treasury under the Internal Revenue Code of
1986, and
(ii) may be collected by the Secretary by
levy or by a proceeding in court.
(B) Exceptions.--Such term does not include--
(i) a debt that is being paid in a timely
manner pursuant to an agreement under section
6159 or section 7122 of such Code;
(ii) a debt with respect to which a
collection due process hearing under section
6330 of such Code, or relief under subsection
(a), (b), or (f) of section 6015 of such Code,
is requested or pending;
(iii) a debt with respect to which a
continuous levy has been issued under section
6331 of such Code (or, in the case of an
applicant for employment, a debt with respect
to which the applicant agrees to be subject to
such a levy); and
(iv) a debt with respect to which such a
levy is released under section 6343(a)(1)(D) of
such Code.
SEC. 6. EFFECTIVE DATE.
This Act shall apply with respect to contracts and grants awarded
on or after the date occurring 270 days after the date of the enactment
of this Act.
Passed the House of Representatives April 15, 2015.
Attest:
KAREN L. HAAS,
Clerk. | . Contracting and Tax Accountability Act of 2015 (Sec. 2) Declares it the policy of the U.S. government that no government contracts or grants should be awarded to individuals or companies with seriously delinquent federal tax debts. (Sec. 3) Requires the head of any executive agency that issues an invitation for bids or a request for proposals for a contract, or that offers a grant, in an amount greater than the simplified acquisition threshold, to require each person submitting a bid or proposal or grant application to: (1) certify that such person does not have a seriously delinquent tax debt, and (2) authorize the Department of the Treasury to disclose information limited to describing whether such person has a seriously delinquent tax debt. Subjects a person who has a seriously delinquent tax debt to a negative responsibility or high risk determination when applying for a federal contract or grant, or to suspension or debarment from the federal procurement process. Authorizes an agency head to waive a suspension or debarment proceeding for a person with a seriously delinquent tax debt upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. (Sec. 5) Defines "seriously delinquent tax debt" as a federal tax liability that has been assessed by the Internal Revenue Service and is collectible by levy or a court proceeding, except a tax debt: (1) that is being paid in a timely manner under an approved installment agreement or an offer-in-compromise, (2) for which a collection due process hearing has been requested or is pending; (3) for which a continuous levy has been issued or agreed to by an applicant for employment, or (4) with respect to which such a levy is released because it has been determined to be an economic hardship to the taxpayer. (Sec. 6) Makes this Act applicable to contracts and grants awarded on or after 270 days after the enactment date of this Act. | {"src": "billsum_train", "title": "Contracting and Tax Accountability Act of 2015"} | 1,890 | 452 | 0.75777 | 2.829656 | 0.876879 | 3.484043 | 4.420213 | 0.909574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heavy Duty Hybrid Vehicle Research,
Development, and Demonstration Act of 2008''.
SEC. 2. ADVANCED HEAVY DUTY HYBRID VEHICLE TECHNOLOGY RESEARCH,
DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION
PROGRAM.
(a) Definitions.--In this section:
(1) Advanced heavy duty hybrid vehicle.--The term
``advanced heavy duty hybrid vehicle'' means a vehicle with a
gross weight of more than 14,000 pounds but less than 33,000
pounds that is fueled, in part, by a rechargeable energy
storage system.
(2) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
(3) Plug-in hybrid vehicle.--The term ``plug-in hybrid''
means a vehicle fueled, in part, by electrical power that can
be recharged by connecting the vehicle to an electric power
source.
(4) Program.--The term ``program'' means the competitive
research, development, demonstration, and commercial
application program established under this section.
(5) Retrofit.--The term ``retrofit'' means the process of
creating an advanced heavy duty hybrid vehicle by converting an
existing, fuel-powered vehicle.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--The Secretary shall establish a competitive
research, development, demonstration, and commercial application
program under which the Secretary shall provide grants to eligible
applicants to carry out projects to advance research and development,
and to demonstrate technologies, for advanced heavy duty hybrid
vehicles.
(c) Applications.--
(1) In general.--The Secretary shall establish requirements
for applying for grants under the program.
(2) Selection criteria.--
(A) In general.--The Secretary shall establish
selection criteria for awarding grants under the
program.
(B) Factors.--In evaluating applications, the
Secretary shall--
(i) consider the ability of applicants to
successfully complete both phases described in
subsection (d); and
(ii) give priority to applicants who, as
determined by the Secretary, are best able to--
(I) fill existing research gaps and
achieve the greatest advances beyond
the state of current technology; and
(II) achieve the greatest reduction
in fuel consumption and emissions.
(3) Partners.--An applicant for a grant under this section
may carry out a project in partnership with other entities.
(4) Schedule.--
(A) Application request.--
(i) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Secretary shall publish in the Federal
Register, and elsewhere as appropriate, a
request for applications to undertake projects
under the program.
(ii) Application deadline.--The
applications shall be due not later than 90
days after the date of the publication.
(B) Application selection.--Not later than 90 days
after the date on which applications for grants under
the program are due, the Secretary shall select,
through a competitive process, all applicants to be
awarded a grant under the program.
(5) Number of grants.--
(A) In general.--The Secretary shall determine the
number of grants to be awarded under the program based
on the technical merits of the applications received.
(B) Minimum and maximum number.--The number of
grants awarded under the program shall be not less than
3 and not more than 7 grants.
(C) Plug-in hybrid vehicle technology.--At least
half of the grants awarded under this section shall be
used to promote plug-in hybrid vehicle technology.
(6) Award amounts.--The Secretary shall award not more than
$3,000,000 to a recipient per year for each of the 3 years of
the project.
(d) Program Requirements; 2 Phases.--
(1) In general.--As a condition of the receipt of a grant
under this section, each grant recipient shall be required to
complete 2 phases in accordance with this subsection.
(2) Phase 1.--
(A) In general.--In phase 1, the recipient shall
conduct research and demonstrate advanced hybrid
technology by producing or retrofitting 1 or more
advanced heavy duty hybrid vehicles.
(B) Report.--Not later than 60 days after the
completion of phase 1, the recipient shall submit to
the Secretary a report containing data and analysis
of--
(i) the performance of each vehicle in
carrying out the testing procedures developed
by the Secretary under subparagraph (E);
(ii) the performance during the testing of
the components of each vehicle, including the
battery, energy management system, charging
system, and power controls;
(iii) the projected cost of each vehicle,
including acquisition, operating, and
maintenance costs; and
(iv) the emission levels of each vehicle,
including greenhouse gas levels.
(C) Termination.--The Secretary may terminate the
grant program with respect to the project of a
recipient at the conclusion of phase 1 if the Secretary
determines that the recipient cannot successfully
complete the requirements of phase 2.
(D) Timing.--Phase 1 shall--
(i) begin on the date of receipt of a grant
under the program; and
(ii) have a duration of 1 year.
(E) Testing procedures.--
(i) In general.--The Secretary shall
develop standard testing procedures to be used
by recipients in testing each vehicle.
(ii) Vehicle performance.--The procedures
shall include testing the performance of a
vehicle under typical operating conditions.
(3) Phase 2.--
(A) In general.--In phase 2, the recipient shall
demonstrate advanced manufacturing processes and
technologies by producing or retrofitting 50 advanced
heavy duty hybrid vehicles.
(B) Report.--Not later than 60 days after the
completion of phase 2, the recipient shall submit to
the Secretary a report containing an analysis of --
(i) the technological challenges
encountered by the recipient in the development
of the vehicles;
(ii) the technological challenges involved
in mass producing the vehicles; and
(iii) the manufacturing cost of each
vehicle, the estimated sale price of each
vehicle, and the cost of a comparable non-
hybrid vehicle.
(C) Timing.--Phase 2 shall--
(i) begins on the conclusion of phase 1;
and
(ii) have a duration of 2 years.
(e) Research on Vehicle Usage and Alternative Drive Trains.--
(1) In general.--The Secretary shall conduct research into
alternative power train designs for use in advanced heavy duty
hybrid vehicles.
(2) Comparison.--The research shall compare the estimated
cost (including operating and maintenance costs, the cost of
emission reductions, and fuel savings) of each design with
similar nonhybrid power train designs under the conditions in
which those vehicles are typically used, including (for each
vehicle type)--
(A) the number of miles driven;
(B) time spent with the engine at idle;
(C) horsepower requirements;
(D) the length of time the maximum or near maximum
power output of the vehicle is needed; and
(E) any other factors that the Secretary considers
appropriate.
(f) Report to Congress.--Not later than 60 days after the date the
Secretary receives the reports from grant recipients under subsection
(d)(3)(B), the Secretary shall submit to Congress a report containing a
description of--
(1) the grant recipients and the projects funded;
(2) all applicants who submitted applications for the
program;
(3) all data contained in reports submitted by grant
recipients under subsection (d);
(4) the vehicles produced or retrofitted by recipients in
phases 1 and 2 of the program, including an analysis of the
fuel efficiency of the vehicles; and
(5) the results of the research carried out under
subsections (e) and (i).
(g) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall coordinate, and not duplicate,
activities under this section with other programs and laboratories of
the Department of Energy and other Federal research programs.
(h) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to the program.
(i) Electrical Grid Research Pilot Program.--The Secretary, acting
through the National Laboratories and Technology Centers of the
Department of Energy, shall establish a pilot program to research and
test the effects on the domestic electric power grid of the widespread
use of plug-in hybrid vehicles, including plug-in hybrid vehicles that
are advanced heavy duty hybrid vehicles.
(j) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section $16,000,000 for each of
fiscal years 2009 through 2011.
(2) Limitations.--Of the funds authorized under paragraph
(1), not more than $1,000,000 of the amount made available for
a fiscal year may be used--
(A) to carry out the research required under
subsection (e);
(B) to carry out the pilot program required under
subsection (i); and
(C) to administer the program.
SEC. 3. EXPANDING RESEARCH IN HYBRID TECHNOLOGY FOR LARGE VEHICLES.
Subsection (g)(1) of the United States Energy Storage
Competitiveness Act of 2007 (42 U.S.C. 17231(g)(1)) is amended by
inserting ``vehicles with a gross weight over 16,000 pounds,'' before
``stationary applications,''. | Heavy Duty Hybrid Vehicle Research, Development, and Demonstration Act of 2008 - Directs the Secretary of Energy to establish a competitive program to provide between three and seven grants of up to $3 million in each of three years to advance research and development and to demonstrate technologies, including plug-in hybrid technology, for advanced heavy duty hybrid vehicles (vehicles with a gross weight of between 14,000 and 33,000 pounds that are fueled, in part, by a rechargeable energy storage system); and (2) conduct research into alternative power train designs for use in advanced heavy duty hybrid vehicles.
Amends the United States Energy Storage Competitiveness Act of 2007 to direct the Secretary to conduct an applied research program on energy storage systems to support vehicles with a gross weight over 16,000 pounds. | {"src": "billsum_train", "title": "A bill to establish a research, development, demonstration, and commercial application program to promote research of appropriate technologies for heavy duty plug-in hybrid vehicles, and for other purposes."} | 2,132 | 167 | 0.635117 | 1.747115 | 0.786874 | 4.168919 | 13.114865 | 0.912162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Innovation Fellows
Program Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It is in the national interest for the Federal
Government to attract the brightest minds skilled in technology
or innovative practices to serve in the Federal Government to
work on some of the biggest and most pressing challenges facing
the United States.
(2) The Presidential Innovation Fellows Program will
encourage successful entrepreneurs, executives, and innovators
to join the Federal Government and work in close cooperation
with Federal Government leaders, to create meaningful solutions
that can help save lives and Federal funds, fuel job creation,
and significantly improve how the Federal Government serves the
people of the United States.
SEC. 3. PRESIDENTIAL INNOVATION FELLOWS PROGRAM.
(a) In General.--Chapter 31 of title 5, United States Code, is
amended by adding at the end the following:
``Subchapter V--Presidential Innovation Fellows Program
``Sec. 3171. Definitions
``In this subchapter--
``(1) the term `agency' has the meaning given the term
`Executive agency' under section 105;
``(2) the term `Administration' means the General Services
Administration;
``(3) the term `Administrator' means the Administrator of
General Services;
``(4) the term `Advisory Board' means the Presidential
Innovation Fellows Program Advisory Board under section
3174(a)(1);
``(5) the term `Director' means the Director of the
Program;
``(6) the term `Fellow' means a Presidential Innovation
Fellow; and
``(7) the term `Program' means the Presidential Innovation
Fellows Program under this subchapter.
``Sec. 3172. Establishment and administration
``(a) In General.--There is in the Administration the Presidential
Innovation Fellows Program to enable exceptional individuals with
proven track records to serve time-limited appointments in agencies as
Presidential Innovation Fellows to address some of the most significant
challenges facing the United States and improve efforts by the Federal
Government that would particularly benefit from expertise using
innovative techniques and technology.
``(b) Administration.--
``(1) Director.--The Program shall be administered by a
Director, who shall be appointed by the Administrator.
``(2) Administrative support.--To the extent permitted by
law and that amounts are provided in appropriation Acts, the
Administration shall provide the employees, resources, and
administrative support necessary to carry out the Program.
``(c) Appointment of Fellows.--The Director shall appoint Fellows
and, in cooperation with agencies, shall facilitate placement of
Fellows to participate in projects that have the potential for
significant positive effects and are consistent with the goals of the
President.
``Sec. 3173. Appointment of Fellows
``(a) Application Process.--The Director--
``(1) shall prescribe and make publicly available the
process for applications and nominations of individuals to be
Fellows; and
``(2) may accept applications and nominations in accordance
with such process.
``(b) Program Standards.--The Director shall--
``(1) establish, administer, review, and revise, if
appropriate, a Government-wide cap on the number of Fellows;
and
``(2) establish and publish salary ranges, benefits, and
standards for the Program.
``(c) Selection, Appointment, and Assignment of Fellows.--
``(1) In general.--The Director shall prescribe appropriate
procedures for the selection, appointment, and assignment of
Fellows.
``(2) Consultation.--Before the selection of Fellows, the
Director shall consult with the heads of agencies regarding
potential projects and how best to meet the needs of the
agencies.
``(3) Time limitation.--The appointment of a Fellow shall
be for a period of not less than 6 months and not more than 2
years.
``(4) Placing of fellows.--The Director shall facilitate
the process of placing Fellows at agencies requesting a Fellow.
``(d) Responsibilities of Agencies.--
``(1) In general.--Each agency shall work with the Director
and the Advisory Board to attempt to maximize the benefits of
the Program to the agency and the Federal Government, including
by identifying initiatives that will have a meaningful effect
on the people served and that will benefit from involvement by
one or more Fellows.
``(2) Coordination of work.--Each agency shall ensure that
each Fellow placed at the agency works closely with one or more
responsible senior officials for the duration of the placement.
``Sec. 3174. Presidential Innovation Fellows Program Advisory Board
``(a) Establishment.--
``(1) In general.--There is, under the authority of the
Administrator, a Presidential Innovation Fellows Program
Advisory Board to--
``(A) advise the Director by recommending such
priorities and standards as may be beneficial to
fulfill the mission of the Program; and
``(B) assist in identifying potential projects and
placements for Fellows.
``(2) Limitation.--The Advisory Board shall not participate
in the selection of Fellows.
``(b) Membership.--The members of the Advisory Board shall be as
follows:
``(1) A representative designated by the Administrator, who
shall serve as the Chairperson of the Advisory Board.
``(2) The Deputy Director for Management of the Office of
Management and Budget.
``(3) The Director of the Office of Personnel Management.
``(4) The Administrator of the Office of Electronic
Government.
``(5) The Assistant to the President and Chief Technology
Officer.
``(6) Other individuals, as designated by the
Administrator.
``(c) Consultation.--The Advisory Board may consult with industry,
academia, and nonprofits organizations to ensure the Program is
continually identifying opportunities to apply advanced skillsets and
innovative practices in effective ways to address the most significant
challenges to the United States.
``Sec. 3175. Rule of construction
``Nothing in this chapter shall be construed to--
``(1) impair or otherwise affect--
``(A) the authority granted by law to an agency, or
the head thereof; or
``(B) the functions of the Director of the Office
of Management and Budget relating to budgetary,
administrative, or legislative proposals; or
``(2) create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 31 of title 5, United States Code, is amended by adding at the
end the following:
``subchapter v--presidential innovation fellows program
``3171. Definitions.
``3172. Establishment and administration.
``3173. Appointment of Fellows.
``3174. Presidential Innovation Fellows Program Advisory Board.
``3175. Rule of construction.''.
(c) Transitional Provision.--
(1) Definition.--In this subsection, the term ``function''
means any duty, obligation, power, authority, responsibility,
right, privilege, activity, program, or employee.
(2) Transition.--The functions of the Presidential
Innovation Fellows Program established pursuant to Executive
Order 13704 (5 U.S.C. 3301 note), as in existence on the day
before the date of enactment of this Act, shall be functions of
the Presidential Innovation Fellows Program under subchapter V
of title 5, United States Code, as added by this Act. | Presidential Innovation Fellows Program Act of 2016 This bill establishes in the General Services Administration (GSA) the Presidential Innovation Fellows Program to enable exceptional individuals with proven track records to serve time-limited appointments in executive agencies as Presidential Innovation Fellows to address some of the most significant challenges facing the United States and improve federal efforts that would particularly benefit from expertise using innovative techniques and technology. The functions of the Presidential Innovation Fellows Program established pursuant to Executive Order 13704, as in existence on the day before enactment of this bill, shall be functions of the program established by this bill. The program shall be administered by a Director, who shall be appointed by the GSA. The director shall appoint such fellows and facilitate their placement in projects that have the potential for significant positive effects and are consistent with the President's goals. Each agency shall: (1) work with the director and the program advisory board to attempt to maximize program benefits to the agency and the government, including by identifying initiatives that will have a meaningful effect on the people served and that will benefit from involvement by a fellow; and (2) ensure that each fellow placed at the agency works closely with a responsible senior official. | {"src": "billsum_train", "title": "Presidential Innovation Fellows Program Act of 2016"} | 1,698 | 250 | 0.723287 | 2.180867 | 0.860232 | 5.226087 | 6.934783 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Access to a Secure
Retirement Act of 2017''.
SEC. 2. FIDUCIARY SAFE HARBOR FOR SELECTION OF LIFETIME INCOME
PROVIDER.
Section 404 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1104) is amended by adding at the end the following:
``(e) Safe Harbor for Annuity Selection.--
``(1) In general.--With respect to the selection of an
insurer and a guaranteed retirement income contract, the
requirements of subsection (a)(1)(B) will be deemed to be
satisfied if a fiduciary--
``(A) engages in an objective, thorough, and
analytical search for the purpose of identifying
insurers from which to purchase such contracts;
``(B) with respect to each insurer identified under
subparagraph (A)--
``(i) considers the financial capability of
such insurer to satisfy its obligations under
the guaranteed retirement income contract; and
``(ii) considers the cost (including fees
and commissions) of the guaranteed retirement
income contract offered by the insurer in
relation to the benefits and product features
of the contract and administrative services to
be provided under such contract; and
``(C) on the basis of such consideration, concludes
that--
``(i) at the time of the selection, the
insurer is financially capable of satisfying
its obligations under the guaranteed retirement
income contract; and
``(ii) the relative cost of the selected
guaranteed retirement income contract as
described in subparagraph (B)(ii) is
reasonable.
``(2) Financial capability of the insurer.--A fiduciary
will be deemed to satisfy the requirements of paragraphs
(1)(B)(i) and (1)(C)(i) if--
``(A) the fiduciary obtains written representations
from the insurer that--
``(i) the insurer is licensed to offer
guaranteed retirement income contracts;
``(ii) the insurer, at the time of
selection and for each of the immediately
preceding 7 plan years--
``(I) operates under a certificate
of authority from the insurance
commissioner of its domiciliary State
which has not been revoked or
suspended;
``(II) has filed audited financial
statements in accordance with the laws
of its domiciliary State under
applicable statutory accounting
principles;
``(III) maintains (and has
maintained) reserves which satisfies
all the statutory requirements of all
States where the insurer does business;
and
``(IV) is not operating under an
order of supervision, rehabilitation,
or liquidation;
``(iii) the insurer undergoes, at least
every 5 years, a financial examination (within
the meaning of the law of its domiciliary
State) by the insurance commissioner of the
domiciliary State (or representative, designee,
or other party approved by such commissioner);
and
``(iv) the insurer will notify the
fiduciary of any change in circumstances
occurring after the provision of the
representations in clauses (i), (ii), and (iii)
which would preclude the insurer from making
such representations at the time of issuance of
the guaranteed retirement income contract; and
``(B) after receiving such representations and as
of the time of selection, the fiduciary has not
received any notice described in subparagraph (A)(iv)
and is in possession of no other information which
would cause the fiduciary to question the
representations provided.
``(3) No requirement to select lowest cost.--Nothing in
this subsection shall be construed to require a fiduciary to
select the lowest cost contract. A fiduciary may consider the
value of a contract, including features and benefits of the
contract and attributes of the insurer (including, without
limitation, the insurer's financial strength) in conjunction
with the cost of the contract.
``(4) Time of selection.--
``(A) In general.--For purposes of this subsection,
the time of selection is--
``(i) the time that the insurer and the
contract are selected for distribution of
benefits to a specific participant or
beneficiary; or
``(ii) if the fiduciary periodically
reviews the continuing appropriateness of the
conclusion described in paragraph (1)(C) with
respect to a selected insurer, taking into
account the considerations described in such
paragraph, the time that the insurer and the
contract are selected to provide benefits at
future dates to participants or beneficiaries
under the plan.
Nothing in the preceding sentence shall be construed to
require the fiduciary to review the appropriateness of
a selection after the purchase of a contract for a
participant or beneficiary.
``(B) Periodic review.--A fiduciary will be deemed
to have conducted the periodic review described in
subparagraph (A)(ii) if the fiduciary obtains the
written representations described in clauses (i), (ii),
and (iii) of paragraph (2)(A) from the insurer on an
annual basis, unless the fiduciary receives any notice
described in paragraph (2)(A)(iv) or otherwise becomes
aware of facts that would cause the fiduciary to
question such representations.
``(5) Limited liability.--A fiduciary which satisfies the
requirements of this subsection shall not be liable following
the distribution of any benefit, or the investment by or on
behalf of a participant or beneficiary pursuant to the selected
guaranteed retirement income contract, for any losses that may
result to the participant or beneficiary due to an insurer's
inability to satisfy its financial obligations under the terms
of such contract.
``(6) Definitions.--For purposes of this subsection--
``(A) Insurer.--The term `insurer' means an
insurance company, insurance service, or insurance
organization, including affiliates of such companies.
``(B) Guaranteed retirement income contract.--The
term `guaranteed retirement income contract' means an
annuity contract for a fixed term or a contract (or
provision or feature thereof) which provides guaranteed
benefits annually (or more frequently) for at least the
remainder of the life of the participant or the joint
lives of the participant and the participant's
designated beneficiary as part of an individual account
plan.''. | Increasing Access to a Secure Retirement Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to specify optional measures that a fiduciary for a pension plan may take in selecting an insurer and a guaranteed retirement income contract to assure that the fiduciary meets the prudent man standard of care required under ERISA. A "guaranteed retirement income contract" is an annuity contract for a fixed term or a contract (or provision or feature thereof) which provides guaranteed benefits annually (or more frequently) for at least the remainder of the life of the participant or joint lives of the participant and the participant's designated beneficiary as part of a defined contribution plan. | {"src": "billsum_train", "title": "Increasing Access to a Secure Retirement Act of 2017"} | 1,418 | 158 | 0.555262 | 1.603034 | 0.664 | 5.007752 | 9.852713 | 0.821705 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Credit for Early Educators Act
of 2012''.
SEC. 2. TAX CREDIT FOR PROFESSIONAL SCHOOL PERSONNEL IN EARLY CHILDHOOD
EDUCATION.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25D the
following new section:
``SEC. 25E. PROFESSIONAL SCHOOL PERSONNEL IN EARLY CHILDHOOD EDUCATION.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to $3,000.
``(b) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual--
``(A) who is employed in a position which involves
regular contact with students in an early childhood
school or program, and
``(B) whose position involves the formulation or
implementation of the educational program for such
school or program.
``(2) Early childhood school or program.--The term `early
childhood school or program' means any school or program which
provides early childhood education, as determined under State
law.
``(c) Cost-of-Living Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2012, the $3,000 amount
contained in subsection (a) 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 the calendar year in which
the taxable year begins, by substituting `calendar year
2011' for `calendar year 1992' in subparagraph (B)
thereof.
``(2) Rounding.--If any increase determined under paragraph
(1) is not a multiple of $10, such increase shall be increased
to the next highest multiple of $10.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Professional school personnel in early childhood
education.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 3. DEDUCTION FOR CERTAIN EXPENSES OF EARLY CHILDHOOD, PRESCHOOL,
ELEMENTARY AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Subparagraph (D) of section 62(a)(2) of the
Internal Revenue Code of 1986 (relating to certain expenses of
elementary and secondary school teachers) is amended to read as
follows:
``(D) Certain expenses of early childhood,
preschool, elementary and secondary school teachers.--
In the case of taxable years beginning before 2017, the
deductions allowed by section 162 which consist of
expenses, not in excess of the applicable amount, paid
or incurred by an eligible educator in connection with
books, supplies (other than nonathletic supplies for
courses of instruction in health or physical
education), computer equipment (including related
software and services) and other equipment, and
supplementary materials used by the eligible educator
in the classroom.''.
(b) Definitions.--Subsection (d) of section 62 of such Code
(relating to definition; special rules) is amended to read as follows:
``(d) Definitions Relating to Early Childhood, Preschool,
Elementary and Secondary School Teachers.--For purposes of subsection
(a)(2)(D) and this subsection--
``(1) Applicable amount.--The term `applicable amount'
means--
``(A) $500 in the case of a full-time educator, and
``(B) $250 in any other case.
``(2) Eligible educator.--The term `eligible educator'
means, with respect to any taxable year, an individual who is--
``(A) a kindergarten through grade 12 teacher,
instructor, counselor, principal, or aide in a school
for at least 450 hours during a school year which ends
during such taxable year, or
``(B) a teacher, instructor, counselor, or aid in a
preschool or early childhood program for at least 450
hours during the taxable year.
``(3) Full-time educator.--The term `full-time educator'
means, with respect to any taxable year, an individual who for
such taxable year satisfies the requirements of subparagraph
(A) or (B) of paragraph (2) applied by substituting `900 hours'
for `450 hours' therein.
``(4) School.--The term `school' means any school which
provides elementary education or secondary education
(kindergarten through grade 12), as determined under State law.
``(5) Preschool or early childhood program.--The term
`preschool or early childhood program' means any program
which--
``(A) is for providing preschool and receives funds
for carrying out preschool programs pursuant to--
``(i) part A of title I of the Elementary
and Secondary Education Act of 1965, or
``(ii) subpart 2 of part B of title I of
such Act, or
``(B) is an early childhood program, as defined
under section 103 of the Higher Education Act of
1965.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. MODIFICATION OF CREDIT FOR DEPENDENT CARE SERVICES.
(a) In General.--Subsection (a) of section 21 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Allowance of Credit.--In the case of an individual for which
there are 1 or more qualifying individuals (as defined in subsection
(b)(1)) with respect to such individual, there shall be allowed as a
credit against the tax imposed by this chapter for the taxable year an
amount equal to 35 percent of the employment-related expenses (as
defined in subsection (b)(2)) paid by such individual during the
taxable year.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Tax Credit for Early Educators Act of 2012 - Amends the Internal Revenue Code to: (1) allow an individual taxpayer who is employed in a position involving regular contact with students in an early childhood school or education program and whose position involves the formulation or implementation of educational programs for such school or program a $3,000 tax credit, adjusted for inflation after 2012; (2) extend until 2017 the tax deduction for certain expenses of eligible educators (currently, elementary and secondary school teachers) and expand the definition of "eligible educators" to include teachers, instructors, counselors, or aides in a preschool or early childhood program; and (3) eliminate the income-based reduction in the tax credit for employer-provided dependent care services (thus allowing a full 35% credit for employment-related expenses incurred for the care of a dependent). | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a tax credit for professional school personnel in early childhood education, to expand the deduction for certain expenses of teachers to teachers in early childhood education, and to modify the credit for dependent care services."} | 1,518 | 181 | 0.576601 | 1.471259 | 0.750206 | 2.676829 | 8.036585 | 0.847561 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Self-Employment Act of
2005''.
SEC. 2. AVAILABILITY OF EDUCATION BENEFITS FOR PAYMENT OF TRAINING
COSTS ASSOCIATED WITH THE PURCHASE OF CERTAIN FRANCHISE
ENTERPRISES.
(a) Establishment of Five-Year Pilot Project.--The Secretary of
Veterans Affairs shall conduct a five-year pilot project to test the
feasibility and advisability of the use of educational assistance under
the programs of the Department of Veterans Affairs under the following
provisions of law to pay for training costs associated with the
purchase of a franchise enterprise:
(1) Chapter 30 of title 38, United States Code.
(2) Chapter 32 of such title.
(3) Chapter 35 of such title.
(4) Chapter 1606 of title 10, United States Code.
(5) Chapter 1607 of title 10, United States Code.
(b) Amount of Payment.--
(1) In general.--Subject to paragraph (3), the amount of
educational assistance payable under the applicable provision
of law referred to in subsection (a) to an individual entitled
to such assistance under such provision of law for the payment
of training costs associated with the purchase of a franchise
enterprise is equal to the lesser of \1/2\ of the franchise fee
or \1/3\ of the remaining amount of educational assistance to
which the individual is entitled under such applicable
provision of law, such remaining amount determined as of the
date of approval by the Secretary of the individual's
application for such assistance for payment of such training
costs.
(2) Lump sum payment.--Amounts payable to an individual
under paragraph (1) shall be made in a lump sum.
(c) Requirements for Payment.--
(1) Requirement for the provision of training.--Payment may
not be made for training costs associated with the purchase of
a franchise enterprise under the pilot project under this
section unless--
(A) appropriate training is required and provided
with respect to the purchase and operation of the
franchise operation; and
(B) such training, and the entity or organization
offering the training, are approved by the Secretary in
accordance with this subsection.
(2) General requirements for approval.--The requirements of
approval for such training and organizations or entities
offering such training shall be in accordance with the
applicable provisions of chapters 30, 32, 35, and 36 of title
38, United States Code, and chapters 1606 and 1607 of title 10,
United States Code, and with regulations prescribed by the
Secretary to carry out this section, and shall include the
following:
(A) The organization or entity certifies to the
Secretary that the training offered by the organization
or entity is generally accepted, in accordance with
relevant government, business, or industry standards,
employment policies, or hiring practices, as attesting
to a level of knowledge or skill required to own and
successfully operate a franchise operation.
(B) The organization or entity is licensed,
chartered, or incorporated in a State and has offered
such training for a minimum of two years before the
date on which the organization or entity first submits
to the Secretary an application for approval under this
section.
(C) The organization or entity maintains
appropriate records with respect to all trainees who
pursue such training for a period prescribed by the
Secretary, but in no case for a period of less than
three years.
(D) The organization or entity promptly issues
progress reports on the training and notice of the
successful completion of such training to the trainee.
(E) The organization or entity has in place a
process to review complaints submitted against the
organization or entity with respect to the training or
the process for acquiring a franchise enterprise.
(F) The organization or entity furnishes to the
Secretary the following information:
(i) A description of the training offered
by the organization or entity, including the
purpose of the training, the vocational,
professional, governmental, and other entities
that recognize the training, and the license or
certificate (if any) issued upon successful
completion of the training.
(ii) The requirements to undertake the
training, including the amount of the fee
charged for the training and any prerequisite
education, training, skills, or other
certification.
(G) Upon request of the Secretary, the organization
or entity furnishes such information to the Secretary
that the Secretary determines necessary to perform an
assessment of--
(i) the training conducted by the
organization or entity; and
(ii) the applicability of the training over
such periods of time as the Secretary
determines appropriate.
(3) Consideration of past performance.--In determining
whether to make payment under the pilot project to an
organization or entity offering training, the Secretary shall
consider the rate of success of the organization or entity in
the training of individuals to own and successfully operate a
franchise enterprise.
(4) Authority for the use of state approving agencies for
approval of training and organizations or entities.--To the
extent that the Secretary determines practicable, State
approving agencies may, in lieu of the Secretary, approve
training, and organizations and entities offering such
training, under this section.
(d) Entitlement Charges.--
(1) Chapter 30.--The number of months of entitlement
charged an individual under chapter 30 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(2) Chapter 32.--The number of months of entitlement
charged an individual under chapter 32 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(3) Chapter 35.--The number of months of entitlement
charged an individual under chapter 35 of title 38, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(4) Chapter 1606.--The number of months of entitlement
charged an individual under chapter 1606 of title 10, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(5) Chapter 1607.--The number of months of entitlement
charged an individual under chapter 1607 of title 10, United
States Code, for educational assistance for the payment of
training costs under subsection (b)(1) is equal to the number
(including any fraction) determined by dividing the total
amount of educational assistance paid such individual for such
training costs by the full-time monthly institutional rate of
educational assistance which, except for subsection (b)(1),
such individual would otherwise be paid under such chapter.
(e) Administration.--Except as otherwise specifically provided in
this section or chapter 30, 32, 35, or 36 of title 38, United States
Code, or chapters 1606 or 1607 of title 10, United States Code, in
implementing this section and making payment under the applicable
provision of law referred to in subsection (a) of training costs
associated with the purchase of a franchise enterprise, the training is
deemed to be a ``course'' and the organization or entity that offers
such training is deemed to be an ``institution'' or ``educational
institution'', respectively, as those terms are applied under and for
purposes of sections 3671, 3673, 3674, 3678, 3679, 3680(a), 3680A,
3681, 3682, 3683, 3685, 3690, 3691, and 3696 of title 38, United States
Code.
(f) Rule of Construction.--Payments under this section shall not be
construed as payment for on-job training benefits under title 38,
United States Code.
(g) Implementation.--The Secretary shall implement the pilot
project under this section as soon as practicable, but in no case later
than the date that is 18 months after the date of the enactment of this
Act.
(h) GAO Evaluation and Report.--
(1) Evaluation.--The Comptroller General of the United
States shall conduct periodic evaluations of the pilot project.
(2) Report.--Not later than the date that is the end of the
third year of the pilot project, the Comptroller General shall
submit to Congress a report on the evaluations conducted under
paragraph (1). The report shall include the following
information:
(A) The number of individuals who participated in
the pilot project.
(B) The number of franchise enterprises operated by
such individuals by reason of such participation.
(C) The aggregate payments made by the Secretary of
Veterans Affairs under the pilot project.
(D) Recommendations for the continuation of the
pilot project.
(E) Recommendations for such other administrative
action or legislation as the Comptroller General
determines to be appropriate. | Veterans Self-Employment Act of 2005 - Directs the Secretary of Veterans Affairs to conduct a five-year pilot project to test the feasibility and advisability of the use of educational assistance under certain programs of the Department of Veterans Affairs to pay for training costs associated with the purchase of a franchise enterprise. Prohibits the use of such assistance unless: (1) training is required and provided in connection with the purchase and operation of a franchise; and (2) such training, and the training entity, are approved by the Secretary. Provides training and entity approval requirements. | {"src": "billsum_train", "title": "To direct the Secretary of Veterans Affairs to conduct a pilot project on the use of educational assistance under programs of the Department of Veterans Affairs to defray training costs associated with the purchase of certain franchise enterprises."} | 2,060 | 124 | 0.62592 | 1.754234 | 0.61179 | 4.954128 | 18.449541 | 0.954128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Safety Net Act of
2007''.
SEC. 2. COMMUNITY HEALTH CENTERS PROGRAM OF THE PUBLIC HEALTH SERVICE
ACT.
(a) Additional Authorizations of Appropriations for the Health
Centers Program of Public Health Service Act.--Section 330(r) of the
Public Health Service Act (42 U.S.C. 254b(r)) is amended by amending
paragraph (1) to read as follows:
``(1) In general.--For the purpose of carrying out this
section, in addition to the amounts authorized to be
appropriated under subsection (d), there are authorized to be
appropriated--
``(A) $2,213,020,000 for fiscal year 2008;
``(B) $2,451,394,400 for fiscal year 2009;
``(C) $2,757,818,700 for fiscal year 2010;
``(D) $3,116,335,131 for fiscal year 2011; and
``(E) $3,537,040,374 for fiscal year 2012.''.
(b) Studies Relating to Community Health Centers.--
(1) Definitions.--For purposes of this subsection--
(A) the term ``community health center'' means a
health center receiving assistance under section 330 of
the Public Health Service Act (42 U.S.C. 254b); and
(B) the term ``medically underserved population''
has the meaning given that term in such section 330.
(2) School-based health study.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General
of the United States shall issue a study of the
economic costs and benefits of school-based health
centers and the impact on the health of students of
these centers.
(B) Content.--In conducting the study under
subparagraph (A), the Comptroller General of the United
States shall analyze--
(i) the impact that Federal funding could
have on the operation of school-based health
centers;
(ii) any cost savings to other Federal
programs derived from providing health services
in school-based health centers;
(iii) the potential impact on Federal
budget and the health of students of providing
Federal funds to school-based health clinics;
and
(iv) the impact of access to health care
from school-based health clinics in rural or
underserved areas.
(3) Health care quality study.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Health
and Human Services, acting through the Administrator of
the Health Resources and Services Administration, and
in collaboration with the Agency for Healthcare
Research and Quality, shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report that describes
agency efforts to expand and accelerate quality
improvement activities in community health centers.
(B) Content.--The report under subparagraph (A)
shall include focus on--
(i) Federal efforts, as of the date of
enactment of this Act, regarding health care
quality in community health centers, including
quality data collection, analysis, and
reporting requirements;
(ii) identification of effective models for
quality improvement in community health
centers, which may include models that--
(I) incorporate care coordination,
disease management, and other services
demonstrated to improve care;
(II) are designed to address
multiple, co-occurring diseases and
conditions;
(III) improve access to providers
through non-traditional means, such as
the use of remote monitoring equipment;
(IV) target various medically
underserved populations, including
uninsured patient populations;
(V) increase access to specialty
care, including referrals and
diagnostic testing; and
(VI) enhance the use of electronic
health records to improve quality;
(iii) efforts to determine how effective
quality improvement models may be adapted for
implementation by community health centers that
vary by size, budget, staffing, services
offered, populations served, and other
characteristics determined appropriate by the
Secretary of Health and Human Services;
(iv) types of technical assistance and
resources provided to community health centers
that may facilitate the implementation of
quality improvement interventions;
(v) proposed or adopted methodologies for
community health center evaluations of quality
improvement interventions, including any
development of new measures that are tailored
to safety-net, community-based providers;
(vi) successful strategies for sustaining
quality improvement interventions in the long-
term; and
(vii) partnerships with other Federal
agencies and private organizations or networks
as appropriate, to enhance health care quality
in community health centers.
(C) Dissemination.--The Administrator of the Health
Resources and Services Administration shall establish a
formal mechanism or mechanisms for the ongoing
dissemination of agency initiatives, best practices,
and other information that may assist health care
quality improvement efforts in community health
centers.
(4) GAO study on integrated health systems model for the
delivery of health care services to medically underserved
populations.--
(A) Study.--The Comptroller General of the United
States shall conduct a study on integrated health
system models at not more than 10 sites for the
delivery of health care services to medically
underserved populations. The study shall include an
examination of--
(i) health care delivery models sponsored
by public or private non-profit entities that--
(I) integrate primary, specialty,
and acute care; and
(II) serve medically underserved
populations; and
(ii) such models in rural and urban areas.
(B) Report.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General
of the United States shall submit to Congress a report
on the study conducted under subparagraph (A). The
report shall include--
(i) an evaluation of the models, as
described in subparagraph (A), in--
(I) expanding access to primary and
preventive services for medically
underserved populations; and
(II) improving care coordination
and health outcomes; and
(ii) an assessment of--
(I) challenges encountered by such
entities in providing care to medically
underserved populations; and
(II) advantages and disadvantages
of such models compared to other models
of care delivery for medically
underserved populations.
SEC. 3. NATIONAL HEALTH SERVICE CORPS.
(a) Funding.--To carry out the programs authorized under sections
331 through 338G of the Public Health Service Act (42 U.S.C. 254d-
254p), there are authorized to be appropriated--
(1) for fiscal year 2008, $131,500,000;
(2) for fiscal year 2009, $143,335,000;
(3) for fiscal year 2010, $156,235,150;
(4) for fiscal year 2011, $170,296,310; and
(5) for fiscal year 2012, $185,622,980.
(b) Elimination of 6-Year Demonstration Requirement.--Section
332(a)(1) of the Public Health Service Act (42 U.S.C. 254e(a)(1)) is
amended by striking ``Not earlier than 6 years'' and all that follows
through ``purposes of this section.''.
(c) Assignment to Shortage Area.--Section 333(a)(1)(D)(ii) of the
Public Health Service Act (42 U.S.C. 254f(a)(1)(D)(ii)) is amended--
(1) in subclause (IV), by striking ``and'';
(2) in subclause (V), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(VI) the entity demonstrates willingness to
support mentorship, professional development, and
training opportunities for Corps members.''.
(d) Professional Development and Training.--Subsection (d) of
section 336 of the Public Health Service Act (42 U.S.C. 254h-1) is
amended to read as follows:
``(d) Professional Development and Training.--
``(1) In general.--The Secretary shall assist Corps members
in establishing and maintaining professional relationships and
development opportunities, including by--
``(A) establishing appropriate professional
relationships between the Corps member involved and the
health professions community of the geographic area
with respect to which the member is assigned;
``(B) establishing professional development,
training, and mentorship linkages between the Corps
member involved and the larger health professions
community, including through distance learning, direct
mentorship, and development and implementation of
training modules designed to meet the educational needs
of offsite Corps members;
``(C) establishing professional networks among
Corps enrollees; and
``(D) engaging in other professional development,
mentorship, and training activities for Corps members,
at the discretion of the Secretary.
``(2) Assistance in establishing professional
relationships.--In providing such assistance under paragraph
(1), the Secretary shall focus on establishing relationships
with hospitals, with academic medical centers and health
professions schools, with area health education centers under
section 781, with health education and training centers under
such section, and with border health education and training
centers under such section. Such assistance shall include
assistance in obtaining faculty appointments at health
professions schools.''.
SEC. 4. REAUTHORIZATION OF RURAL HEALTH CARE PROGRAMS.
Section 330A(j) of the Public Health Service Act (42 U.S.C.
254c(j)) is amended by striking ``$40,000,000'' and all that follows
and inserting ``$45,000,000 for each of fiscal years 2008 through
2012.''. | Health Care Safety Net Act of 2007 - Amends the Public Health Service Act to authorize appropriations for FY2008-FY2012 for: (1) health centers to meet the health care needs of medically underserved populations; (2) the National Health Service Corps; and (3) rural health care programs.
Requires studies or reports on: (1) school-based health centers; (2) community health centers; and (3) integrated health system models for the delivery of health care services to medically underserved populations. | {"src": "billsum_train", "title": "A bill to amend the Public Health Services Act to reauthorize the Community Health Centers program, the National Health Service Corps, and rural health care programs."} | 2,159 | 107 | 0.528812 | 1.238144 | 1.13996 | 3.32 | 19.39 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Military Justice and
Fairness Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Commission on Military Justice and Fairness'' (in this Act
referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 15 members
appointed as follows:
(1) Five members appointed by the President, of whom one
shall be chosen after consultation with the Attorney General
and one shall be chosen after consultation with the Chief
Justice of the United States and not more than three of whom
may be a member of the Armed Forces on active duty or in a
retired status or a member of a reserve component.
(2) Three members appointed by the majority leader of the
House of Representatives, not more than one of whom may be a
member of the Armed Forces on active duty or in a retired
status or a member of a reserve component.
(3) Two members appointed by the minority leader of the
House of Representatives, not more than one of whom may be a
member of the Armed Forces on active duty or in a retired
status or a member of a reserve component.
(4) Three members appointed by the majority leader of the
Senate, not more than one of whom may be a member of the Armed
Forces on active duty or in a retired status or a member of a
reserve component.
(5) Two members appointed by the minority leader of the
Senate, not more than one of whom may be a member of the Armed
Forces on active duty or in a retired status or a member of a
reserve component.
(c) Initial Appointments.--Each member of the Commission shall be
appointed to the Commission not later than 90 days after the date of
the enactment of this Act.
(d) Chairman.--There shall be a Chairman of the Commission who
shall be designated by the President at the time of the appointment.
(e) Period of Appointment.--Each member shall be appointed for the
life of the Commission.
(f) Vacancies.--Any vacancy shall be filled in the same manner as
the original appointment of a member of the Commission.
(g) Security Clearances.--The Secretary of Defense shall provide
expedited processing of security clearances requested for members.
SEC. 3. FUNCTIONS OF COMMISSION.
The Commission shall investigate and make recommendations on the
following:
(1) The existence of adequate safeguards for members of the
Armed Forces who report incidents of sexual misconduct, sexual
harassment, or unlawful gender discrimination, and whether
adequate protection from retribution is afforded to members of
the Armed Forces who report such incidents.
(2) The existence of adequate mechanisms for investigating
sexual misconduct, sexual harassment, and unlawful gender
discrimination in the Armed Forces, including the existence of
investigative mechanisms outside of the chain of command of a
member reporting allegations of such conduct.
(3) Whether investigating officers and trial counsel in the
Armed Forces are trained, and possess the resources and
independence necessary, to conduct fair and thorough
investigations of allegations of sexual misconduct, sexual
harassment, and unlawful gender discrimination.
(4) The number of incidents involving allegations of sexual
assault by members of the Armed Forces that have been referred
by a commanding officer for resolution through an
administrative hearing rather than court-martial proceedings,
and the reasons for such referrals.
(5) The availability of adequate mechanisms in the Armed
Forces for satisfactory resolution of complaints of sexual
misconduct, sexual harassment, or unlawful gender
discrimination, and whether the award of damages and attorneys
fees should be a remedy available to military personnel who are
victims of sexual misconduct, sexual harassment, or unlawful
gender discrimination.
(6) Whether court-martial jurisdiction should exist over
non-service related offenses committed by members of the Armed
Forces.
(7) The procedures in the Armed Forces for apprehending and
charging an accused and the scope of the discretionary power of
commanding officers with respect to such procedures and the
court-martial trial process.
(8) The adequacy of the procedures for selection of jurors
in the military justice system in protecting such jurors and
ensuring impartial court-martial trials.
(9) Whether permanent, uniform mechanisms should be
established to insulate judge advocate defense counsel from
other elements of the military legal structure and provide such
counsel with resources equivalent to those resources available
to military trial counsel.
(10) Whether military judges should be afforded increased
independence and some form of tenure to protect them from
retribution in response to their rulings during the court-
martial trial process.
(11) The need for increased uniformity in sentencing in the
military justice system and whether sentencing guidelines
should be instituted.
(12) The adequacy and effectiveness of judicial review of
decisions regarding military personnel, and whether the same
right to Supreme Court review should exist for courts-martial
as for criminal cases in State and Federal courts.
(13) The necessity for, and effectiveness of, correctional
programs designed to rehabilitate offenders to continue service
as members of the Armed Forces after serving a court-martial
sentence.
(14) The procedural protections for enlisted members of the
Armed Forces who are career military personnel and the power of
commanding officers to deny reenlistment to such personnel who
have not yet qualified for retired pay.
(15) Statistical data collection and analysis with respect
to crime and sexual misconduct, sexual harassment, and unlawful
gender discrimination in the Armed Forces, and whether such
data is regularly reported to the Federal Bureau of
Investigation.
(16) The ability to exchange criminal records of members of
the Armed Forces among military courts and other courts in the
United States, and whether information with respect to the
criminal records of members of the Armed Forces should
regularly be reported to the National Crime Information Center.
(17) Whether rulemaking committees that include civilian
members and perform functions that are similar to the functions
performed by the rulemaking committees of the Judicial
Conference of the United States should be established for the
military justice system.
SEC. 4. REPORT.
Not later than one year after the date that all the original
members are appointed, the Commission shall submit to the President and
the Congress a report containing a detailed statement of the
Commission's findings and conclusions and the Commission's
recommendations for administrative and legislative action.
SEC. 5. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers appropriate. The Commission may administer oaths
to witnesses appearing before it.
(b) Obtaining Information.--The Commission 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 Chairman of the
Commission, the head of that department or agency shall furnish that
information to the Commission in a full and timely manner.
(c) Subpoena Power.--(1) The Commission may issue a subpoena to
require the attendance and testimony of witnesses and the production of
any evidence relating to any matter under investigation by the
Commission.
(2) If a person refuses to obey an order or subpoena of the
Commission that is issued in connection with a Commission hearing, the
Commission may apply to the United States district court in the
judicial district in which the proceeding is held for an order
requiring the person to comply with the subpoena or order.
(d) Immunity.--The Commission is an agency of the United States for
purposes of part V of title 18, United States Code (relating to
immunity of witnesses).
(e) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for goods and
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 6. COMMISSION PROCEDURES.
(a) Meetings.--The Commission shall meet at the call of the
Chairman or a majority of its members.
(b) Quorum.--Eight members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(c) Delegation of Authority.--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 Act.
SEC. 7. PERSONNEL MATTERS.
(a) Pay of Members.--Members shall not be paid by reason of their
service as members.
(b) 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.
(c) Staff.--(1) The Commission may, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties.
(2) The Commission may fix the pay of the staff 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 fixed under this paragraph for the staff director may
not exceed the rate payable for level V of the Executive Schedule under
section 5316 of such title and the rate of pay for other personnel may
not exceed the maximum rate payable for grade GS-15 of the General
Schedule.
SEC. 8. OTHER ADMINISTRATIVE PROVISIONS.
(a) Postal and Printing Services.--The Commission may use the
United States mails and obtain printing and binding services in the
same manner and under the same conditions as other departments and
agencies of the United States.
(b) Miscellaneous Administrative and Support Services.--The
Secretary of Defense shall furnish the Commission, on a reimbursable
basis, any administrative and support services necessary for the
Commission to carry out its duties under this Act.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(d) 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.
(e) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
SEC. 9. PAYMENT OF COMMISSION EXPENSES.
(a) Payment Out of Department of Defense Funds.--The travel
expenses and per diem allowances of members and employees of the
Commission, and the compensation of employees of the Commission, shall
be paid out of funds available to the Department of Defense for the
payment of compensation, travel allowances, and per diem allowances,
respectively, of civilian employees of the Department of Defense. The
other expenses of the Commission shall be paid out of funds available
to the Department of Defense for the payment of similar expenses
incurred by that Department.
(b) Prompt Transfer of Funds.--The Secretary of Defense shall
promptly transfer funds to the Commission for payment of expenses
incurred by the Commission upon submission to the Department of Defense
of the amount of funds requested for such payment by the Chairman of
the Commission.
SEC. 10. TERMINATION OF COMMISSION.
The Commission shall terminate not later than 90 days after
submitting its report to the President and the Congress pursuant to
section 4. | Commission on Military Justice and Fairness Act - Establishes the Commission on Military Justice and Fairness to investigate and report findings and recommendations to the President and the Congress concerning: (1) the existence of adequate safeguards for military personnel who report incidents of sexual misconduct, sexual harassment, or unlawful gender discrimination; (2) the existence of adequate mechanisms for investigating such incidents, including the appropriate training of investigative personnel; (3) the availability of adequate mechanisms for the resolution of complaints involving such conduct, either through administrative hearing or court-martial; and (4) military justice system procedures and related matters with regard to such cases. | {"src": "billsum_train", "title": "Commission on Military Justice and Fairness Act"} | 2,667 | 125 | 0.490004 | 1.198047 | 0.574891 | 4.163934 | 20.040984 | 0.934426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boys Town Centennial Commemorative
Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Boys Town is a nonprofit organization dedicated to
saving children and healing families, nationally headquartered
in the village of Boys Town, Nebraska;
(2) Father Flanagan's Boys Home, known as ``Boys Town'',
was founded on December 12, 1917, by Servant of God Father
Edward Flanagan;
(3) Boys Town was created to serve children of all races
and religions;
(4) news of the work of Father Flanagan spread worldwide
with the success of the 1938 movie, ``Boys Town'';
(5) after World War II, President Truman asked Father
Flanagan to take his message to the world, and Father Flanagan
traveled the globe visiting war orphans and advising government
leaders on how to care for displaced children;
(6) Boys Town has grown exponentially, and now provides
care to children and families across the country in 11 regions,
including California, Nevada, Texas, Nebraska, Iowa, Louisiana,
North Florida, Central Florida, South Florida, Washington, DC,
New York, and New England;
(7) the Boys Town National Hotline provides counseling to
more than 150,000 callers each year;
(8) the Boys Town National Research Hospital is a national
leader in the field of hearing care and research of Usher
Syndrome;
(9) Boys Town programs impact the lives of more than
2,000,000 children and families across America each year; and
(10) December 12th, 2017, will mark the 100th anniversary
of Boys Town, Nebraska.
SEC. 3. COIN SPECIFICATIONS.
(a) $5 Gold Coins.--The Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall mint and issue not more than
50,000 $5 coins in commemoration of the centennial of the founding of
Father Flanagan's Boys Town, each of which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) $1 Silver Coins.--The Secretary shall mint and issue not more
than 350,000 $1 coins in commemoration of the centennial of the
founding of Father Flanagan's Boys Town, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(c) Half Dollar Clad Coins.--The Secretary shall mint and issue not
more than 300,000 half dollar clad coins in commemoration of the
centennial of the founding of Father Flanagan's Boys Town, each of
which shall--
(1) weigh 11.34 grams;
(2) have a diameter of 1.205 inches; and
(3) be minted to the specifications for half dollar coins
contained in section 5112(b) of title 31, United States Code.
(d) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(e) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this Act
shall be emblematic of the 100 years of Boys Town, one of the largest
nonprofit child care agencies in the United States.
(b) Designation and Inscriptions.--On each coin minted under this
Act, there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2017''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
National Executive Director of Boys Town and the Commission of
Fine Arts; and
(2) reviewed by the Citizens of Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the period beginning on January 1, 2017, and ending on
December 31, 2018.
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; and
(2) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that minting and issuing coins under this Act will not result in any
net cost to the Federal Government. | Boys Town Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 50,000 $5 gold coins, 350,000 $1 silver coins, and 300,000 half-dollar clad coins to commemorate the centennial of the founding of Father Flanagan's Boys Town. Requires the design of the coins to be emblematic of the 100 years of Boys Town, one of the largest nonprofit child care agencies in the United States. Permits issuance of such coins only between January 1, 2017, and December 31, 2018. | {"src": "billsum_train", "title": "Boys Town Centennial Commemorative Coin Act"} | 1,282 | 120 | 0.58054 | 1.956568 | 0.648155 | 4.9 | 11.71 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Professional
Baseball Act of 1995''.
SEC. 2. ESTABLISHMENT.
There is hereby established the National Commission on Professional
Baseball (hereafter in this Act referred to as the ``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
seven members, all of whom shall be appointed by the President. The
President shall appoint--
(1) one member after consultation with the owners of Major
League Baseball;
(2) one member after consultation with the Major League
Baseball Players Association;
(3) one member after consultation with the National
Association of Professional Baseball Leagues, Incorporated;
(4) one member after solicitation of recommendations from
government officials of cities, towns, or counties in which
major league and minor league baseball teams are located; and
(5) three members after consultation with baseball fan
organizations and the informal solicitation of recommendations
from the general public, one of whom the President shall
designate as Chairman of the Commission.
(b) Term.--Members of the Commission shall be appointed for a five-
year term. In the event that the term of the Commission is extended by
the Congress pursuant to section 10 of this Act, the term of individual
members shall also be extended, except that no individual may serve as
a member for more than six years.
(c) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but the Commission may provide for the taking of
testimony and the reception of evidence at meetings at which there are
present not less than three members of the Commission.
(d) Appointment Date.--The first appointments made under subsection
(a) shall be made within sixty days after the date of enactment of this
Act.
(e) First Meeting.--The first meeting of the Commission shall be
called by the Chairman and shall be held within ninety days after the
date of enactment of this Act.
(f) Public Meetings.--All Commission meetings and hearings shall be
open to the public.
(g) Vacancy.--If any member of the Commission is unable to serve a
full term or becomes unqualified to serve in such position, a new
member shall be appointed to serve the remainder of such term of
office, within forty-five days of the vacancy, in the same manner in
which the original appointment was made.
SEC. 4. DUTIES OF THE COMMISSION.
The duties of the Commission are to oversee and investigate any
aspect of major league baseball and minor league baseball, where, in
the opinion of the Commission, it is in the best interests of baseball
to intervene, including but not limited to the--
(1) negotiation of contract agreements between major league
team owners and players;
(2) renegotiation of the professional baseball agreement
between major league and minor league team owners;
(3) setting of ticket prices;
(4) expansion and relocation of major league and minor
league team franchises;
(5) structural requirements and financing of baseball
stadiums and facilities;
(6) terms and conditions of minor league player contracts;
(7) licensing of television broadcast rights and allocation
of television revenues;
(8) licensing and marketing of merchandise and allocation
of revenues; and
(9) revenue sharing among owners of major league teams and
among the major and minor leagues.
(b) Arbitration and Mediation.--The duty of the Commission to
intervene in any aspect of major league or minor league baseball,
pursuant to subsection (a) of this section, shall include but not be
limited to the--
(1) conduct of binding arbitration in the event of a labor
impasse between Major League Baseball and players; and
(2) mediation or arbitration of disputes between Major
League Baseball or individual owners of major league teams and
minor league baseball team owners.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Meetings.--The Commission or, on authorization of
the Commission, a panel of at least three members of 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
appropriate.
(b) Obtaining Information.--The Commission may secure directly from
any Federal department, agency, or court information and assistance
necessary to enable it to carry out this Act. Upon request of the
Chairman of the Commission, the head of such agency or department shall
furnish such information or assistance to the Commission. In addition,
the Commission may request any relevant information from any
appropriate parties with an interest in major league or minor league
baseball.
(c) Subpoena Power.--
(1) Issuance.--The Commission may issue subpoenas requiring
the attendance and testimony of witnesses and the production of
any evidence that relates to any matter under investigation by
the Commission. The attendance of witnesses and the production
of evidence may be required from any place within a judicial
district at any designated place of hearing within the judicial
district.
(2) Enforcement.--If a person issued a subpoena under
paragraph (1) refuses to obey the subpoena or is guilty of
contumacy, any court of the United States within the judicial
district within which the hearing is conducted or within the
judicial district within which the person is found or resides
or transacts business may (upon application by the Commission)
order the person to appear before the Commission to produce
evidence or to give testimony relating to the matter under
investigation. Any failure to obey the order of the court may
be punished by the court as a contempt of the court.
(3) Manner of service.--A subpoena of the Commission shall
be served in the manner provided for subpoenas issued by a
United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Place of service.--All process of any court to which
application may be made under this section may be served in the
judicial district in which the person required to be served
resides or may be found.
(d) Orders and Injunctions.--Whenever the Commission has reason to
believe that an act or practice of Major League Baseball or of any
individual owner of a major league baseball team may not be in the
public interest or in the best interest of baseball, the Commission
shall have authority--
(1) to issue orders to stay temporarily such act or
practice pending review by the Commission or pending a request
for mediation or arbitration of disputes involving such action
submitted to the Commission by baseball players, minor league
team owners, or public officials; and
(2) to bring a civil action in an appropriate district
court of the United States to enjoin such act or practice and,
upon proper showing that such action would be in the public
interest, to obtain a temporary restraining order or a
preliminary injunction against such act or practice: Provided,
however, That in proper cases the Commission may seek, and upon
proper showing of proof, the court may grant a permanent
injunction.
(f) Facilities and Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
facilities and support services as the Commission may request. Upon
request of the Commission, the head of a Federal department or agency
may make any of the facilities and services of such agency available to
the Commission to assist the Commission in carrying out its duties
under this Act.
(g) Expenditures and Contracts.--The Commission or, on
authorization of the Commission, a member of the Commission may make
expenditures and enter into contracts for the procurement of such
supplies, services, and property as the Commission or members consider
appropriate for the purposes of carrying out the duties of the
Commission. Such expenditures and contracts may be made only to such
extent or in such amounts as appropriated under section 9 of this Act.
(h) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal departments
and agencies of the United States.
SEC. 6. COMPENSATION OF THE COMMISSION.
(a) Compensation.--Each member of the Commission shall be a full-
time Federal employee and shall be paid at an annual rate of basic pay
payable for level II of the Executive Schedule under section 5313 of
title 5, United States Code.
(b) Expenses.--Members of the Commission shall be reimbursed for
travel, subsistence, and other necessary expenses incurred by them in
the performance of their duties.
SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The Chairman of the Commission may
appoint and terminate no more than ten staff personnel to
enable the Commission to perform its duties.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of personnel without regard to the provision
of chapter 51 and subchapter II of chapter 53 of title 5,
United States Code, relating to classification of position and
General Schedule pay rates, except that the rate of pay may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(b) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code.
SEC. 8. REPORT TO CONGRESS.
(a) Commission Study.--The Commission shall undertake a study of
the antitrust exemption for Major League Baseball that shall include
but not be limited to analysis of the--
(1) effects of the antitrust exemption on major league and
minor league baseball players, minor league baseball teams,
baseball fans, local governments, and taxpayers of
municipalities in which baseball teams are located;
(2) possible effects of continuing the antitrust exemption;
(3) possible effects of proposals for modification of the
antitrust exemption on Major League Baseball, minor league
baseball teams, major league and minor league baseball players,
baseball fans, local governments, and taxpayers, including but
not limited to proposals for--
(A) elimination of the antitrust exemption;
(B) partial elimination of the antitrust exemption
for purposes of labor relations between Major League
Baseball and professional baseball players or for
purposes of major league team franchise expansion or
relocation; and
(C) elimination of the antitrust exemption with
protections to hold harmless existing contractual
relationships between major league and minor league
baseball teams with respect to player development,
territorial arrangements, and other activities that
might otherwise be subject to the antitrust laws.
(b) Report.--Not later than three years after the date of the
enactment of the Act, the Commission shall submit to the Congress a
report containing its findings and conclusions pursuant to this
section, together with its recommendations as to any legislation it may
consider appropriate for modification of the antitrust exemption for
Major League Baseball.
SEC. 9. AUTHORIZATION AND FEES.
(a) Authorization.--There are authorized to be appropriated such
funds as may be necessary to carry out this title, except that the
amount of such funds shall not exceed the amount of funds made
available pursuant to subsection (b) of this section. All funds
appropriated under this section shall remain available until expended.
(b) Fees.--Major League Baseball shall pay to the Treasury of the
United States on or before March 15 of each calendar year a fee in the
amount of two-tenths of 1 per centum of the aggregate dollar amount of
combined team revenues received during each preceding calendar year,
except that the Commission, by rule, may exempt any revenue or class of
revenue from any fee imposed by this subsection, if the Commission
finds that such exemption is consistent with the public interest. The
Commission, by rule, shall set forth the manner and terms under which
such payment shall be made after consultation with the Secretary of the
Treasury and Major League Baseball. Payment of any fee under this
subsection shall be made for each of the five years that this Act shall
be effective, and for any additional years the Congress shall determine
pursuant to section 10 of this Act.
SEC. 10. TERM OF THE COMMISSION.
The duties and powers set forth in this Act shall cease to be
effective five years after the date of enactment, unless otherwise
extended by the Congress.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect on the date of enactment. | National Commission on Professional Baseball Act of 1995 - Establishes the National Commission on Professional Baseball to oversee and investigate any aspect of major and minor league baseball where, in the opinion of the Commission, it is in the best interests of baseball to intervene, including: (1) conduct of binding arbitration in the event of a labor impasse between major league baseball and players; and (2) mediation or arbitration of disputes between major league baseball or individual owners of major league teams and minor league baseball team owners. Outlines provisions concerning: (1) Commission powers, including subpoena power; (2) Commission authority to issue orders and injunctions; (3) Commission compensation and staff; (4) Commission authority to utilize experts and consultants; (5) a required Commission study and report to the Congress concerning the antitrust exemption to major league baseball; (6) an authorization of appropriations; (7) fees to be paid to the Treasury by major league baseball; and (8) Commission termination five years after the enactment of this Act, unless otherwise extended by the Congress. | {"src": "billsum_train", "title": "National Commission on Professional Baseball Act of 1995"} | 2,677 | 216 | 0.622819 | 1.564358 | 0.721394 | 5.033333 | 12.014286 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Gallatin Range Consolidation
and Protection Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that:
(1) It has been the clear policy of the Federal Government
since 1925 to consolidate the checkerboard lands along the
Gallatin Range north of Yellowstone National Park.
(2) These lands north of Yellowstone possess outstanding
natural characteristics and wildlife habitat which give them
high value as lands added to the National Forest System.
(3) Although these lands have remained pristine up till now
failure to consolidate at this time will in the near future
lead to fragmentation and development.
(4) The Federal Government has already invested a great
deal in keeping the lands along the Gallatin Range protected
from excess development.
SEC. 3. PLUM CREEK LAND EXCHANGE--GALLATIN AREA.
(a) In General.--The Secretary of Agriculture, hereinafter called
the Secretary, shall, subject to the provisions of section 4(b) and
section 5(b) and, notwithstanding any other law, acquire by exchange
and cash equalization in the amount of $3,400,000, certain lands and
interests in land of the Plum Creek Timber, L.P. (referred to in this
section as the ``company'') in and adjacent to the Hyalite-Porcupine-
Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and
other land in the Gallatin National Forest in accordance with this
section.
(b)(1) Description of Lands.--If the company offers to the United
States the fee title, including mineral interests, to approximately
37,752 and \15/100\ acres of land owned by the company which is
available for exchange to the United States as depicted on a map
entitled ``Plum Creek Timber and Forest Service Proposed Gallatin Land
Exchange'', dated May 20, 1988, the Secretary shall accept a warranty
deed to such land and, in exchange therefor, and subject to valid
existing rights, recommend that the Secretary of the Interior convey,
subject to valid existing rights, by patent the fee title to
approximately 12,414 and \6/100\ acres of National Forest system lands
available for exchange to the company as depicted on such map, subject
to--
(A) the reservation of ditches and canals required by the
Act entitled ``An Act making appropriations for sundry civil
expenses of the Government for the fiscal year ending June
thirtieth, eighteen hundred and ninety-one, and for other
purposes'', approved August 30, 1890 (26 Stat. 391; 43 U.S.C.
945);
(B) the reservation of rights under Federal Oil and Gas
Lease numbers 49739, 55610, 40389, 53670, 40215, 33385, 53736,
and 38684; and
(C) such other terms, conditions, reservations and
exceptions as may be agreed upon by the Secretary and the
company.
(2) On termination or relinquishment of the leases referred to in
paragraph (1), all the rights and interests in land granted therein
shall immediately vest in the company, its successors and assigns, and
the Secretary shall give notice of that event by a document suitable
for recording in the county wherein the leased lands are situated.
(c) Easements.--At closing on the conveyances authorized by this
section--
(1) in consideration of the easements conveyed by the
company as provided in paragraph 2 of this subsection, the
Secretary of Agriculture shall, under authority of the National
Forest Roads and Trails Act of October 13, 1964, or the Federal
Land Policy and Management Act of 1976, execute and deliver to
the company such easements and authorizations over federally
owned lands included in this exchange as may be agreed to by
the Secretary and the company in the exchange agreement.
(2) In consideration of the easements conveyed by the
United States as provided in paragraph (1), the company shall
execute and deliver to the United States such easements and
authorizations across company-owned lands included in this
exchange as may be agreed to by the Secretary and the company
in the exchange agreement.
(d) Maps.--The maps referred to in subsection (b) are subject to
such minor corrections as may be agreed upon by the Secretary and the
company. The Secretary shall notify the Committee on Energy and Natural
Resources of the United States Senate and the Committee on Natural
Resources to the United States House of Representatives of any
corrections made pursuant to the subsection.
(e) Timing of Transaction.--It is the intent of Congress that the
conveyances authorized by this section be completed within ninety days
after the date of enactment of an Act making the appropriation
authorized by subsection (g).
(f) Forest Lands.--All lands conveyed to the United States pursuant
to this section shall become national forest system lands to be
administered by the Secretary in accordance with applicable law.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section the sum $3,400,000, which amount
the Secretary shall, when appropriated, pay to the company to equalize
the value of the exchange of land authorized by this section.
(h) Quality of Title.--Title to the properties referenced in this
section to be offered to the United States by Big Sky Lumber Company,
its assignees or successors in interest, shall be inclusive of the
entire surface and subsurface estates without reservation or exception.
The owner shall be required to reacquire any outstanding interest in
mineral or mineral rights, timber or timber rights, water or water
rights, or any other outstanding interest in the property, except
reservations by the United States or the State of Montana by patent, in
order to assure that title to the property is transferred as described
in this section and sections 4, 5, and 6. Title standards for
acquisition shall otherwise be in compliance with Forest Service
policies and procedures.
(i) References.--The reference and authorities of this section
referring to Plum Creek Timber Company, L.P., shall also refer to its
successors.
SEC. 4. LAND CONSOLIDATION; PORCUPINE AREA.
(a) In General.--The exchange described in section 3 of this Act
shall not be consummated by the Secretary until the conditions of this
section are met.
(b) Conditions.--The Secretary or a qualified section 501(c)(3)
conservation entity, acting on its behalf for later disposition to the
United States, shall have acquired, by purchase or option to acquire,
or exchange, all of the Porcupine property for its fair market value,
determined at the time of acquisition in accordance with appraisal
standards acceptable to the Secretary by an appraiser acceptable to the
Secretary and the owner. Any appraisal for exchange purposes shall be
conducted by the same parties, utilizing the same standards noted
above; ``And further that, if said acquisition or option to acquire has
been consummated by a qualified section 501(c)(3) conservation entity,
said entity shall have notified the Secretary that the quality of title
in fact secured meets applicable Forest Service standards with respect
to surface and subsurface estates or is otherwise acceptable to the
Forest Service''.
(c) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Porcupine Area'', dated September, 1992.
(d) Land Acquisition Authorities.--Acquisitions pursuant to this
section shall be under existing authorities available to the Secretary.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Fund.
(f) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(g) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
SEC. 5. LAND CONSOLIDATION--TAYLOR FORK AREA.
(a) In General.--The exchange described in section 3 of this Act
shall not be consummated by the Secretary until the conditions of this
section are met.
(b) Conditions.--The Secretary or a qualified section 501(c)(3)
conservation entity, acting on its behalf for later disposition to the
United States, shall have acquired, by purchase or option to acquire,
or exchange, all of the Taylor Fork property for its fair market value,
determined at the time of acquisition in accordance with appraisal
standards acceptable to the Secretary by an appraiser acceptable to the
Secretary and owner. Any appraisal for exchange purposes shall be
conducted by the same parties, utilizing the same standards noted
above; and further that, if said acquisition or option to acquire has
been consummated by a qualified section 501(c)(3) conservation entity,
said entity shall have notified the Secretary that the quality of title
in fact secured meets applicable Forest Service standards with respect
to surface and subsurface estates or is otherwise acceptable to the
Forest Service.
(c) Direction.--The Secretary is directed to provide Congress,
within two years, recommendations designed to acquire by purchase or
exchange Taylor Fork Area lands owned by Big Sky Timber Company:
Provided, That such recommendations are agreed to by Big Sky Lumber
Company: Provided further, That nothing in this section limits the
Secretary's authority to acquire or purchase said lands.
(d) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Taylor Fork Area'', dated September, 1992.
(e) Land Acquisition Authorities.--Acquisition pursuant to this
section shall be under existing authorities available to the Secretary:
Provided, That notwithstanding any other law, exchanges authorized in
this section shall not be restricted within the same State.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Funds.
(g) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(h) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
(i) Reports to Congress.--For a period of two years from the date
of enactment of this Act, the Secretary shall report annually to the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate, on the status of the negotiations with the company or its
successors in interest to effect the land consolidation authorized by
this section.
SEC. 6. LAND CONSOLIDATION--GALLATIN AREA.
(a) In General.--The Secretary shall work diligently to assure all
lands within what is generally known as the Gallatin Range owned by Big
Sky Lumber Company, its assignee or successors in interest, not
acquired, purchased or exchanged pursuant to sections 3 and 4 of this
Act are acquired by the United States through exchange or purchase.
(b) Direction.--The Secretary is directed to provide Congress,
within three years, recommendations designed to acquire by purchase or
exchange Gallatin Area lands owned by Big Sky Lumber Company: Provided,
That such recommendations are agreed to by Big Sky Lumber Company:
Provided further, That nothing in this section limits the Secretary's
authority to acquire or purchase said lands.
(c) Description of Lands.--The Secretary is authorized and directed
to acquire by purchase or exchange the lands and interests therein as
depicted on a map entitled ``Gallatin Area'', dated September, 1992.
(d) Land Acquisition Authorities.--Acquisitions pursuant to this
section shall be under existing authorities available to the Secretary:
Provided, That notwithstanding any other law, exchanges authorized in
this section shall not be restricted within the same State.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section. Funds necessary for land acquisition are authorized to be
appropriated from the Land and Water Conservation Fund.
(f) Equal Value.--Any exchange of lands between Big Sky Lumber
Company and the United States shall be for equal value.
(g) Quality of Title.--The quality of title to the properties
referenced in this section in fact secured shall meet applicable Forest
Service standards with respect to surface and subsurface estates or
shall otherwise be acceptable to the Forest Service.
(h) References.--The reference and authorities of this section
referring to the Big Sky Lumber Company, shall also refer to its
successors.
(i) Reports to Congress.--For a period of three years from the date
of enactment of this Act, the Secretary shall report annually to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate, on the status
of the negotiations with the company or its successors in interest to
effect the land consolidation authorized by this section.
SEC. 8. SEVERED MINERALS EXCHANGE.
(a) Findings.--The Congress finds that--
(1) underlying certain areas in Montana described in
subsection (b) are mineral rights owned by subsidiaries of
Burlington Resources, Incorporated (hereinafter collectively
referred to in this section as the ``company'');
(2) there are federally owned minerals underlying privately
owned lands lying outside those areas;
(3) the company has agreed in principle with the Department
of Agriculture to an exchange of mineral rights to consolidate
Federal surface and subsurface ownerships and to avoid
potential conflicts with the surface management of such areas;
and
(4) it is desirable that an exchange be completed within
two years after the date of enactment of this Act.
(b) Description of Mineral Interests.--(1) Pursuant to an exchange
agreement between the Secretary and the company, the Secretary may
acquire mineral interests owned by the company underlying surface lands
owned by the United States located in the areas depicted on the maps
entitled ``Severed Minerals Exchange, Clearwater-Monture Area'', dated
September 1988 and ``Severed Minerals Exchanges, Gallatin Area'', dated
September 1988, or in fractional sections adjacent to those areas.
(2) In exchange for the mineral interests conveyed to the Secretary
pursuant to paragraph (1), the Secretary of the Interior shall convey,
subject to valid existing rights, such federally owned mineral
interests as the Secretary and the company may agree upon.
(c) Equal Value.--(1) The value of mineral interests exchanged
pursuant to this section shall be approximately equal based on
available information.
(2) To ensure that the wilderness or other natural values of the
areas are not affected, a formal appraisal based upon drilling or other
surface disturbing activities shall not be required for any mineral
interest proposed for exchange, but the Secretary and the company shall
fully share all available information on the quality and quantity of
mineral interests proposed for exchange.
(3) In the absence of adequate information regarding values of
minerals proposed for exchange, the Secretary and the company may agree
to an exchange on the basis of mineral interests of similar development
potential, geologic character, and similar factors.
(d) Identification of Federally Owned Mineral Interests.--(1)
Subject to paragraph (2), mineral interests conveyed by the United
States pursuant to this section shall underlie lands the surface of
which were owned by the company or its predecessor on September 16,
1987.
(2) If there are not sufficient federally owned mineral interests
of approximately equal value underlying the lands identified in
paragraph (1), the Secretary and the Secretary of the Interior may
identify for exchange any other federally owned mineral interest in
land in the State of Montana of which the surface estate is in private
ownership.
(e) Consultation With the Department of the Interior.--(1) The
Secretary shall consult with the Secretary of the Interior in the
negotiation of the exchange agreement authorized by subsection (b),
particularly with respect to the inclusion in such an agreement of a
provision calling for the exchange of federally owned mineral interests
lying outside the boundaries of units of the National Forest System.
(2) Notwithstanding any other law, the Secretary of the Interior
shall convey the federally owned mineral interests identified in a
final exchange agreement between the Secretary of Agriculture and the
company.
(f) Definition.--For purposes of this section, the term ``mineral
interests'' includes all locatable and leasable minerals, including oil
and gas, geothermal resources, and all other subsurface rights.
(g) Environmental Law.--The execution and performance of an
exchange agreement and the taking of other actions pursuant to this
section shall not be deemed a major Federal action significantly
affecting the quality of the environment within the meaning of section
102 of the National Environmental Policy Act (42 U.S.C. 4332), nor
shall they require the preparation of an environmental assessment under
this Act.
S 489 IS----2 | Gallatin Range Consolidation and Protection Act of 1993 - Directs the Secretary of Agriculture to acquire, by exchange and cash equalization, specified lands and interests along the Gallatin Range north of Yellowstone National Park, including lands: (1) in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other land in the Gallatin National Forest from the Plum Creek Timber Company; and (2) in the Porcupine Area, the Taylor Fork Area, and other land within the Gallatin Range from Big Sky Lumber Company.
Authorizes appropriations.
Authorizes the Secretary, pursuant to an agreement with Burlington Resources, Incorporated, to acquire mineral interests owned by Burlington underlying surface lands owned by the United States and located within the Gallatin Area. Requires such acquisition to be made through exchange to Burlington of other federally owned mining interests that the parties may agree to. Requires consultation with the Secretary of the Interior prior to such exchange. | {"src": "billsum_train", "title": "Gallatin Range Consolidation and Protection Act of 1993"} | 3,789 | 233 | 0.587477 | 1.925087 | 0.741589 | 3.578378 | 18.427027 | 0.940541 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guarding Our Great Lakes Act''.
SEC. 2. AQUATIC INVASIVE SPECIES CONTROL ZONE AT BRANDON ROAD LOCK AND
DAM, JOLIET ILLINOIS.
(a) In General.--The Secretary of the Army, acting through the
Chief of Engineers, the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service and the
Director of the United States Geological Survey, the Administrator of
the Environmental Protection Agency, and each other applicable Federal
agency shall take actions to prevent the transfer of aquatic invasive
species, with a focus on Asian carp species, through the Brandon Road
Lock and Dam.
(b) Construction.--
(1) Required measures.--The Chief of Engineers shall
construct measures to improve the Brandon Road Lock and Dam to
prevent the upstream transfer of swimming aquatic invasive
species through the lock and dam, including--
(A) an engineered channel in the approach from the
Mississippi River direction, as outlined in the report
issued pursuant to section 1538 of Public Law 112-141;
(B) adding additional structures necessary for
aquatic invasive species control; and
(C) the construction and operation of electric
dispersal barriers.
(2) Cost estimate and schedule.--Not later than 6 months
after the date of enactment of this Act, the Chief of Engineers
shall submit to Congress a cost estimate for, and schedule for
completion of, measures to be constructed under this
subsection.
(c) Other Measures.--The Director of the United States Fish and
Wildlife Service, in consultation with the Director of the United
States Geological Survey, the Chief of Engineers, the Commandant of the
United States Coast Guard, the Administrator of the Environmental
Protection Agency, and the heads of other relevant agencies, shall
implement all appropriate measures in compliance with applicable State
and Federal law around the Brandon Road Lock and Dam on the Illinois
River to prevent the upstream and downstream transfer of swimming and
floating aquatic invasive species, with a focus on Asian carp species,
including--
(1) implementing existing Asian carp monitoring and control
strategies at the Brandon Road location, as applicable;
(2) using the Brandon Road location to the greatest extent
possible to test new aquatic invasive species control
technologies;
(3) implementing all control strategies identified through
this testing necessary to fulfill the objectives of this
section; and
(4) developing best management practices to mitigate
aquatic invasive species transfer by boat and barge operators
on the Illinois River and Chicago Sanitary and Shipping Canal
and working with operators to implement them.
(d) Administration.--
(1) Acquisition of real estate.--The Chief of Engineers,
the Director of the United States Fish and Wildlife Service,
and the Director of the United States Geological Survey may
acquire any real estate necessary to carry out this section.
(2) Cooperation.--In carrying out this section, the Chief
of Engineers, the Director of the United States Fish and
Wildlife Service, and the Director of the United States
Geological Survey shall coordinate with each other and--
(A) the Governors of Illinois, Indiana, Michigan,
Minnesota, New York, Ohio, Pennsylvania, and Wisconsin;
(B) the Metropolitan Water Reclamation District of
Greater Chicago;
(C) the Asian Carp Regional Coordinating Committee;
(D) the Great Lakes Commission;
(E) the Great Lakes Fishery Commission;
(F) the Great Lakes and St. Lawrence Cities
Initiative; and
(G) any other applicable State, local, or
international government entity.
SEC. 3. ACTIONS RELATED TO PERMANENT PREVENTION OF AQUATIC INVASIVE
SPECIES TRANSFER BETWEEN THE GREAT LAKES AND MISSISSIPPI
RIVER BASINS.
(a) Construction.--The Administrator of the Environmental
Protection Agency, acting through the Great Lakes Interagency Task
Force, shall coordinate with the Governor of Illinois, the City of
Chicago, and the Metropolitan Water Reclamation District of Greater
Chicago to carry out engineering and construction of flood mitigation
and water quality measures on the Chicago Area Waterway System related
to permanent prevention of the transfer of aquatic nuisance species
between the Great Lakes and Mississippi River basins.
(b) Requirements.--In carrying out subsection (a), the
Administrator shall--
(1) coordinate with Chicago and the Metropolitan Water
Reclamation District of Greater Chicago to combine
infrastructure to the greatest extent practicable with the
Tunnel and Reservoir Plan of the Metropolitan Water Reclamation
District of Greater Chicago;
(2) ensure flood mitigation in the vicinity of the Chicago
Area Waterway System is not degraded;
(3) ensure water quality is protected in the Great Lakes
and Chicago Waterway System, consistent with the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.);
(4) provide for continued commercial and recreational
watercraft traffic on the Chicago Area Waterway System to the
greatest practical extent, which may include new infrastructure
to minimize the impact of physical barriers necessary for
aquatic invasive species control; and
(5) prioritize efforts to prevent the transfer of the
highest risk aquatic invasive species, including Asian carp.
(c) Administration.--
(1) Consultation.--In carrying out this section, the
Administrator shall consult with the Asian Carp Regional
Coordinating Committee.
(2) Assistance from corps.--The Chief of Engineers shall
provide to the Administrator all documentation relating to the
report issued pursuant to section 1538 of Public Law 112-141
and technical and other assistance, as requested by the
Administrator.
(3) Delegation.--In carrying out this section, the
Administrator may delegate parts of the project to any of the
non-Federal entities referred to in this Act.
(4) Identification of partners.--In carrying out this
section, the Administrator shall work to identify non-Federal
cost-share partners when applicable.
(5) Federal share.--The Federal share of the cost of a
project carried out under this section may be up to 100
percent.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, the Administrator shall submit to Congress a report
describing the progress made, and a plan for further actions to be
taken, under this section. | Guarding Our Great Lakes Act - Requires the Chief of Engineers, the Director of the U.S. Fish and Wildlife Service (USFWS), the Director of the U.S. Geological Survey (USGS), the Administrator of the Environmental Protection Agency (EPA), and each other applicable federal agency to take actions to prevent the transfer of aquatic invasive species, with a focus on Asian carp species, through the Brandon Road Lock and Dam on the Illinois River. Directs the Chief to: (1) construct measures to prevent the upstream transfer of swimming aquatic invasive species through the Lock and Dam; and (2) submit a cost estimate for, and schedule for completion of, measures to be constructed. Requires the Director of the USFWS to implement all appropriate measures in compliance with applicable state and federal law around the Lock and Dam to prevent the upstream and downstream transfer of swimming and floating aquatic invasive species, with a focus on Asian carp species. Authorizes the Chief, the Director of the USFWS, and the Director of the USGS to acquire real estate to carry out this Act. Directs the EPA Administrator, acting through the Great Lakes Interagency Task Force, to coordinate with the governor of Illinois, the city of Chicago, and the Metropolitan Water Reclamation District of Greater Chicago to carry out engineering and construction of flood mitigation and water quality measures on the Chicago Area Waterway System related to permanent prevention of the transfer of aquatic nuisance species between the Great Lakes and Mississippi River basins. Permits the federal share of the cost of a project to be up to 100%. | {"src": "billsum_train", "title": "Guarding Our Great Lakes Act"} | 1,343 | 341 | 0.723696 | 2.461456 | 0.809592 | 6.401338 | 4.167224 | 0.936455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ashanti Alert Act of 2018''.
SEC. 2. ESTABLISHMENT OF ASHANTI ALERT COMMUNICATIONS NETWORK.
Kristen's Act (Public Law 106-468; 114 Stat. 2027) is amended--
(1) by inserting before section 2 (34 U.S.C. 40504) the
following:
``TITLE I--GRANTS'';
(2) by redesignating sections 2 (34 U.S.C. 40504) and 3 (34
U.S.C. 40504 note) as sections 101 and 102, respectively;
(3) in section 101(b), as so redesignated, by striking ``this
Act'' and inserting ``this title'';
(4) in section 102, as so redesignated, by striking ``this
Act'' and inserting ``this title''; and
(5) by adding at the end the following:
``TITLE II--ASHANTI ALERT COMMUNICATIONS NETWORK
``SEC. 201. DEFINITIONS.
``In this title:
``(1) AMBER alert communications network.--The term `AMBER
Alert communications network' means the AMBER Alert communications
network established under subtitle A of title III of the PROTECT
Act (34 U.S.C. 20501 et seq.).
``(2) Ashanti alert.--The term `Ashanti Alert' means an alert
issued through the Ashanti Alert communications network, related to
a missing adult.
``(3) Ashanti alert communications network.--The term `Ashanti
Alert communications network' means the national communications
network established by the Attorney General under section 202(a).
``(4) Ashanti alert coordinator of the department of justice;
coordinator.--The term `Ashanti Alert Coordinator of the Department
of Justice' or `Coordinator' means the employee designated by the
Attorney General to act as the national coordinator of the Ashanti
Alert communications network under section 203(a).
``(5) Ashanti alert plan.--The term `Ashanti Alert plan' means
a local element of the Ashanti Alert communications network.
``(6) Indian tribe.--The term `Indian Tribe' means a federally
recognized Indian Tribe or a Native village, Regional Corporation,
or Village Corporation (as those terms are defined in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
``(7) Missing adult.--The term `missing adult' means an
individual who--
``(A) is older than the age for which an alert may be
issued through the AMBER Alert communications network in the
State or territory of an Indian Tribe in which the individual
is identified as a missing individual;
``(B) is identified by a law enforcement agency as a
missing individual; and
``(C) meets the requirements to be designated as a missing
adult, as determined by the State in which, or the Indian Tribe
in the territory of which, the individual is identified as a
missing individual.
``(8) State.--The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
``SEC. 202. ASHANTI ALERT COMMUNICATIONS NETWORK.
``(a) In General.--The Attorney General shall, subject to the
availability of appropriations, establish a national communications
network within the Office of Justice Programs of the Department of
Justice to provide assistance to regional and local search efforts for
missing adults through the initiation, facilitation, and promotion of
local elements of the network, in coordination with States, Indian
Tribes, units of local government, law enforcement agencies, and other
concerned entities with expertise in providing services to adults.
``(b) Integration With Existing Communications Network.--In
establishing the Ashanti Alert communications network under subsection
(a), the Attorney General shall coordinate, when advisable, with
missing person alert systems in existence as of the date of enactment
of this title, such as the AMBER Alert communications network and
Silver Alert communications networks.
``SEC. 203. ASHANTI ALERT COORDINATOR.
``(a) National Coordinator Within Department of Justice.--The
Attorney General shall designate an employee of the Office of Justice
Programs of the Department of Justice to act as the national
coordinator of the Ashanti Alert communications network.
``(b) Duties of the Coordinator.--In acting as the national
coordinator of the Ashanti Alert communications network, the
Coordinator shall--
``(1) work with States and Indian Tribes to encourage the
development of additional Ashanti Alert plans in the network;
``(2) establish voluntary guidelines for States and Indian
Tribes to use in developing Ashanti Alert plans that will promote
compatible and integrated Ashanti Alert plans throughout the United
States, including--
``(A) a list of the resources necessary to establish an
Ashanti Alert plan;
``(B) criteria for evaluating whether a situation warrants
issuing an Ashanti Alert, taking into consideration the need
for the use of Ashanti Alerts to be limited in scope because
the effectiveness of the Ashanti Alert communications network
may be affected by overuse, including criteria to determine--
``(i) whether the mental capacity of an adult who is
missing, and the circumstances of his or her disappearance,
including any history of domestic violence, sexual assault,
child abuse, or human trafficking, warrant the issuance of
an Ashanti Alert; and
``(ii) whether the individual who reports that an adult
is missing is an appropriate and credible source on which
to base the issuance of an Ashanti Alert;
``(C) a description of the appropriate uses of the Ashanti
Alert name to readily identify the nature of search efforts for
missing adults; and
``(D) recommendations on how to protect the privacy,
dignity, independence, autonomy, and safety of any missing
adult who may be the subject of an Ashanti Alert;
``(3) develop proposed protocols for efforts to recover missing
adults and to reduce the number of adults who are reported missing,
including protocols for procedures that are needed from the time of
initial notification of a law enforcement agency that the adult is
missing through the time of the return of the adult to family,
guardian, or domicile, as appropriate, including--
``(A) public safety communications protocol;
``(B) case management protocol;
``(C) command center operations;
``(D) reunification protocol;
``(E) incident review, evaluation, debriefing, and public
information procedures; and
``(F) protocols for declining to issue an Ashanti Alert;
``(4) work with States and Indian Tribes to ensure appropriate
regional coordination of various elements of the network;
``(5) establish an advisory group to assist States, Indian
Tribes, units of local government, law enforcement agencies, and
other entities involved in the Ashanti Alert communications network
with initiating, facilitating, and promoting Ashanti Alert plans,
which shall include--
``(A) to the maximum extent practicable, representation
from the various geographic regions of the United States; and
``(B) members who are--
``(i) representatives of adult citizen advocacy groups,
law enforcement agencies, victim service providers (as
defined in section 40002(a) of the Violence Against Women
Act of 1994 (34 U.S.C. 12291(a)), and public safety
communications;
``(ii) broadcasters, first responders, dispatchers, and
radio station personnel; and
``(iii) representatives of any other individuals or
organizations that the Coordinator determines are necessary
to the success of the Ashanti Alert communications network;
and
``(6) act as the nationwide point of contact for--
``(A) the development of the network; and
``(B) regional coordination of alerts for missing adults
through the network.
``(c) Coordination.--
``(1) Coordination with other agencies.--The Coordinator shall
coordinate and consult with the Secretary of Transportation, the
Federal Communications Commission, the Assistant Secretary for
Aging of the Department of Health and Human Services, and other
appropriate offices of the Department of Justice, including the
Office on Violence Against Women, in carrying out activities under
this title.
``(2) State, tribal, and local coordination.--The Coordinator
shall consult with local broadcasters and State, Tribal, and local
law enforcement agencies in establishing minimum standards under
section 204 and in carrying out other activities under this title,
as appropriate.
``(d) Annual Reports.--
``(1) In general.--Not later than 1 year after the date of
enactment of this title, and annually thereafter, the Coordinator
shall submit to Congress a report on--
``(A) the activities of the Coordinator; and
``(B) the effectiveness and status of the Ashanti Alert
plan of each State or Indian Tribe that has established or is
in the process of establishing such a plan.
``(2) Contents.--Each report under paragraph (1) shall
include--
``(A) a list of each State or Indian Tribe that has
established an Ashanti Alert plan;
``(B) a list of each State or Indian Tribe that is in the
process of establishing an Ashanti Alert plan;
``(C) for each State or Indian Tribe that has established
an Ashanti Alert plan, to the extent the data is available--
``(i) the number of Ashanti Alerts issued;
``(ii) the number of missing adults located
successfully;
``(iii) the average period of time between the issuance
of an Ashanti Alert and the location of the missing adult
for whom the Alert was issued;
``(iv) the State or Tribal agency or authority issuing
Ashanti Alerts, and the process by which Ashanti Alerts are
disseminated;
``(v) the cost of establishing and operating the
Ashanti Alert plan;
``(vi) the criteria used by the State or Indian Tribe
to determine whether to issue an Ashanti Alert; and
``(vii) the extent to which missing adults for whom
Ashanti Alerts were issued crossed State lines or
territorial borders of an Indian Tribe;
``(D) actions States and Indian Tribes have taken to
protect the privacy and dignity of the missing adults for whom
Ashanti Alerts are issued;
``(E) ways that States and Indian Tribes have facilitated
and improved communication about missing adults between
families, caregivers, law enforcement officials, and other
authorities; and
``(F) any other information the Coordinator determines to
be appropriate.
``SEC. 204. MINIMUM STANDARDS FOR ISSUANCE AND DISSEMINATION OF
ALERTS THROUGH ASHANTI ALERT COMMUNICATIONS NETWORK.
``(a) Establishment of Minimum Standards.--Subject to subsection
(b), the Coordinator shall establish minimum standards for--
``(1) the issuance of alerts through the Ashanti Alert
communications network; and
``(2) the extent of the dissemination of alerts issued through
the Ashanti Alert communications network.
``(b) Limitations.--
``(1) Dissemination of information.--The minimum standards
established under subsection (a) shall, to the maximum extent
practicable (as determined by the Coordinator in consultation with
State, Tribal, and local law enforcement agencies), provide for the
dissemination of appropriate information relating to the special
needs of a missing adult (including health care needs) to the
appropriate law enforcement, public health, and other public
officials.
``(2) Geographic areas.--The minimum standards established
under subsection (a) shall, to the maximum extent practicable (as
determined by the Coordinator in consultation with State, Tribal,
and local law enforcement agencies), provide that the dissemination
of an alert through the Ashanti Alert communications network shall
be limited to the geographic areas that the missing adult could
reasonably reach, considering--
``(A) the circumstances and physical and mental condition
of the missing adult;
``(B) the modes of transportation available to the missing
adult; and
``(C) the circumstances of the disappearance.
``(3) Other requirements.--The minimum standards established
under subsection (a) shall require that, in order for an Ashanti
Alert to be issued for a missing adult, the missing adult--
``(A) suffers from a proven mental or physical disability,
as documented by a source determined credible by an appropriate
law enforcement agency; or
``(B) be missing under circumstances that indicate, as
determined by an appropriate law enforcement agency--
``(i) that the physical safety of the missing adult may
be endangered; or
``(ii) that the disappearance of the missing adult may
not have been voluntary, including an abduction or
kidnapping.
``(4) Safety, privacy, and civil liberties protections.--The
minimum standards established under subsection (a) shall--
``(A) ensure that alerts issued through the Ashanti Alert
communications network comply with all applicable Federal,
State, Tribal, and local privacy laws and regulations;
``(B) include standards that specifically provide for the
protection of the civil liberties and sensitive medical
information of missing adults; and
``(C) include standards requiring, as appropriate, a review
of relevant court records, prior contacts with law enforcement,
and other information relevant to the missing adult or the
individual reporting, in order to provide protections against
domestic violence.
``(5) State, tribal, and local voluntary coordination.--In
establishing minimum standards under subsection (a), the
Coordinator may not interfere with the system of voluntary
coordination between local broadcasters and State, Tribal, and
local law enforcement agencies for purposes of regional and local
search efforts for missing adults that was in effect on the day
before the date of enactment of this title.
``SEC. 205. VOLUNTARY PARTICIPATION.
``The minimum standards established under section 204(a), and any
other guidelines and programs established under section 203, shall be
adoptable on a voluntary basis only.
``SEC. 206. TRAINING AND EDUCATIONAL PROGRAMS.
``The Coordinator shall make available to States, Indian Tribes,
units of local government, law enforcement agencies, and other
concerned entities that are involved in initiating, facilitating, or
promoting Ashanti Alert plans, including broadcasters, first
responders, dispatchers, public safety communications personnel, and
radio station personnel--
``(1) training and educational programs related to the Ashanti
Alert communications network and the capabilities, limitations, and
anticipated behaviors of missing adults, which the Coordinator
shall update regularly to encourage the use of new tools,
technologies, and resources in Ashanti Alert plans; and
``(2) informational materials, including brochures, videos,
posters, and websites to support and supplement the training and
educational programs described in paragraph (1).
``SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Attorney General
$3,000,000 to carry out the Ashanti Alert communications network as
authorized under this title for each of fiscal years 2019 through
2022.''.
SEC. 3. EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609Y(a) of the Justice Assistance Act of 1984 (34 U.S.C.
50112(a)) is amended by striking ``September 30, 2021'' and inserting
``September 30, 2022''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Ashanti Alert Act of 2018 This bill directs the Department of Justice (DOJ) to establish a national communications network—the Ashanti Alert communications network—to support regional and local search efforts for missing adults. The Ashanti Alert communications network must operate in coordination with the AMBER Alert communications network (i.e., the communications network that supports search efforts for abducted children). | {"src": "billsum_train", "title": "Ashanti Alert Act of 2018"} | 3,470 | 88 | 0.583028 | 1.438526 | 0.872263 | 3.015385 | 49.215385 | 0.830769 |
SECTION 1. NORTHERN CHEYENNE INDIAN RESERVED WATER RIGHTS SETTLEMENT
ACT OF 1992.
(a) Environmental Costs._Section 7 of the Northern Cheyenne Indian
Reserved Water Rights Settlement Act of 1992 (Public Law 102-374, 106
Stat. 1186 et seq.) is amended by adding the following new subsections
(f) and (g) and redesignating the succeeding subsections accordingly:
``(f) Environmental Costs._All costs associated with the Tongue
River Dam Project for environmental compliance mandated by Federal law
and fish and wildlife mitigation measures adopted by the Secretary are
the sole responsibility of the United States. Funds for such compliance
shall be appropriated pursuant to the authorization in subsection (e),
and shall be in addition to funds appropriated pursuant to section
7(b)(1) of the Act. The Secretary is authorized to expend not to exceed
$625,000 of funds appropriated pursuant to subsection (e) for fish and
wildlife mitigation costs associated with Tongue River Dam construction
authorized by the Act, and shall be in addition to funds appropriated
pursuant to section 7(b)(1) of the Act.
``(g) Reimbursement to State._The Secretary shall reimburse Montana
for expenditures for environmental compliance activities, conducted on
behalf of the United States prior to enactment of this subsection (g),
which the Secretary determines to have been properly conducted and
necessary for completion of the Tongue River Dam Project. Subsequent to
enactment of this subsection (g), the Secretary may not reimburse
Montana for any such environmental compliance activities undertaken
without the Secretary's prior approval.''.
(b) Authorizations._The first sentence of section 4(c) of the
Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1992
(Public Law 102-374; 106 Stat. 1186 et seq.) is amended to read as
follows: ``Except for authorizations contained in subsections
7(b)(1)(A), 7(b)(1)(B), and the authorization for environmental
compliance activities for the Tongue River Dam Project contained in
subsection 7(e), the authorization of appropriations contained in this
Act shall not be effective until such time as the Montana water court
enters and approves a decree as provided in subsection (d) of this
section.''.
(c) Effective Date._The amendments made by this section shall be
considered to have taken effect on September 30, 1992.
SEC. 2. SAN CARLOS APACHE TRIBE WATER RIGHTS SETTLEMENT ACT OF 1992.
(a) Amendment._Section 3704(d) of the San Carlos Apache Tribe Water
Rights Settlement Act of 1992 (Public Law 102-575) is amended by
deleting ``reimbursable'' and inserting in lieu thereof
``nonreimbursable''.
(b) Effective Date._The amendment made by subsection (a) shall be
considered to have taken effect on October 30, 1992.
SEC. 3. TRIBALLY CONTROLLED COMMUNITY COLLEGES.
The part of the text contained under the heading ``BUREAU OF INDIAN
AFFAIRS'', and the subheading ``operation of indian programs'', in
title I of the Department of the Interior and Related Agencies
Appropriations Act, 1994, which reads ``Provided further, That any
funds provided under this head or previously provided for tribally-
controlled community colleges which are distributed prior to September
30, 1994 which have been or are being invested or administered in
compliance with section 331 of the Higher Education Act shall be deemed
to be in compliance for current and future purposes with title III of
the Tribally Controlled Community Colleges Assistance Act.'' is amended
by deleting ``section 331 of the Higher Education Act'' and inserting
in lieu thereof ``section 332(c)(2)(A) of the Higher Education Act of
1965''.
SEC. 4. WHITE EARTH RESERVATION LAND SETTLEMENT ACT OF 1985.
Section 7 of the White Earth Reservation Land Settlement Act of
1985 (25 U.S.C. 331, note) is amended by adding at the end thereof the
following:
``(f)(1) The Secretary is authorized to make a one-time deletion
from the second list published under subsection (c) or any subsequent
list published under subsection (e) of any allotments or interests
which the Secretary has determined do not fall within the provisions of
subsection (a) or (b) of section 4, or subsection (c) of section 5, or
which the Secretary has determined were erroneously included in such
list by reason of misdescription or typographical error.
``(2) The Secretary shall publish in the Federal Register notice of
deletions made from the second list published under subsection (c) or
any subsequent list published under subsection (e).
``(3) The determination made by the Secretary to delete an
allotment or interest under paragraph (1) may be judicially reviewed in
accordance with chapter 7 of title 5, United States Code, within 90
days after the date on which notice of such determination is published
in the Federal Register under paragraph (2). Any legal action
challenging such a determination that is not filed within such 90-day
period shall be forever barred. Exclusive jurisdiction over any legal
action challenging such a determination is vested in the United States
District Court for the District of Minnesota.''.
SEC. 5. AMENDMENTS.
(a) Section 1(c) of the Act entitled ``An Act to establish a
reservation for the Confederated Tribes of the Grand Ronde Community of
Oregon, and for other purposes'', approved September 9, 1988 (102 Stat.
1594), is amended as follows:
(1) delete ``9,811.32'' and insert in lieu thereof
``9,879.65''; and
(2) delete everything after ``5 8 17 All 640.00'' and insert
in lieu thereof the following:
``6 8 1 SW\1/4\SW\1/4\,W\1/2 53.78
\SE\1/4\SW\1/4\
``6 8 1 S\1/2\E\1/2\,SE\1/4\ 9.00
SW\1/4\
``6 7 8 Tax lot 800 5.55
------------
Total......... 9,879.65''.
(b) Section 16 of the Act of June 18, 1934 (25 U.S.C. 476) is
amended by adding at the end of the following new subsections:
``(f) Privileges and Immunities of Indian Tribes; Prohibition on
New Regulations._Departments or agencies of the United States shall not
promulgate any regulation or make any decision or determination
pursuant to the Act of June 18, 1934 (25 U.S.C. 461 et seq., 48 Stat.
984) as amended, or any other Act of Congress, with respect to a
federally recognized Indian tribe that classifies, enhances, or
diminishes the privileges and immunities available to the Indian tribe
relative to other federally recognized tribes by virtue of their status
as Indian tribes.
``(g) Privileges and Immunities of Indian Tribes; Existing
Regulations._Any regulation or administrative decision or determination
of a department or agency of the United States that is in existence or
effect on the date of enactment of this Act and that classifies,
enhances, or diminishes the privileges and immunities available to a
federally recognized Indian tribe relative to the privileges and
immunities available to other federally recognized tribes by virtue of
their status as Indian tribes shall have no force or effect.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Northern Cheyenne Indian Reserve Water Rights Settlement Act of 1992 to state that: (1) all environmental costs associated with the Tongue River Dam Project (Project) mandated by Federal law and fish and wildlife measures are the sole responsibility of the United States; (2) such funds (limited to $625,000) shall be in addition to Project funds provided for by such Act; (3) the Secretary of the Interior shall reimburse Montana for certain Project environmental compliance costs incurred prior to enactment of this Act (costs incurred subsequent to enactment reimbursable only with prior approval); and (4) authorization of appropriations, with specified exceptions, shall not be effective until the Montana water court enters and approves a settlement decree.
Amends the San Carlos Apache Tribe Water Rights Settlement Act of 1992 to change "reimbursable" to "nonreimbursable" with respect to certain Central Arizona Water Conservation District water costs.
Makes a technical correction to the Department of the Interior and Related Agencies Appropriations Act, 1994.
Amends the White Earth Reservation Land Settlement Act of 1985 to permit a one-time deletion of certain erroneous land parcel determinations printed in the Federal Register. Provides a limited time in which to challenge such determinations.
Prohibits new regulations and gives no effect to existing regulations that classify, enhance, or diminish the privileges and immunities of a federally recognized Indian tribe relative to other such tribes. | {"src": "billsum_train", "title": "A bill to make certain technical corrections."} | 1,725 | 323 | 0.589655 | 2.10981 | 0.754631 | 2.788104 | 5.442379 | 0.847584 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hart Mountain Transfer Act of
1998''.
SEC. 2. TRANSFERS OF ADMINISTRATIVE JURISDICTION OVER PARCELS OF LAND
ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT AND THE
UNITED STATES FISH AND WILDLIFE SERVICE.
(a) Transfer From the Bureau of Land Management to the United
States Fish and Wildlife Service.--
(1) In general.--Administrative jurisdiction over the
parcels of land identified for transfer to the United States
Fish and Wildlife Service on the map entitled ``Hart Mountain
Jurisdictional Transfer'', dated February 26, 1998, comprising
approximately 12,100 acres of land in Lake Country, Oregon,
located adjacent to or within the Hart Mountain National
Antelope Refuge, is transferred from the Bureau of Land
Management to the United States Fish and Wildlife Service.
(2) Inclusion in refuge.--The parcels of land described in
paragraph (1) shall be included in the Hart Mountain National
Antelope Refuge.
(3) Withdrawal.--Subject to valid existing rights, the
parcels of land described in paragraph (1)--
(A) are withdrawn from--
(i) surface entry under the public land
laws;
(ii) leasing under the mineral leasing laws
and Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(iii) location under the mining laws; and
(B) shall be treated as parcels of land subject to
the provisions of Executive Order No. 7523 of December
21, 1936, as amended by Executive Order No. 7895 of May
23, 1938, and Presidential Proclamation No. 2416 of
July 25, 1940, that withdrew parcels of land for the
Hart Mountain National Antelope Refuge.
(4) Management.--The land described in paragraph (1) shall
be included in the Hart Mountain National Antelope Refuge and
managed in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.), and other
applicable law, as expressed in management plans and agreements
between the Bureau of Land Management and the United States
Fish and Wildlife Service for the Hart Mountain Refuge.
(b) Continued Management of Guano Creek Wilderness Study Area by
the Bureau of Land Management.--
(1) In general.--The parcels of land identified for
cooperative management on the map entitled ``Hart Mountain
Jurisdictional Transfer'', dated February 26, 1998, comprising
approximately 10,900 acres of land in Lake County, Oregon,
located south of the Hart Mountain National Antelope Refuge,
shall be retained under the jurisdiction of the Bureau of Land
Management.
(2) Management.--The parcels of land described in paragraph
(1) that are within the Guano Creek Wilderness Study Area as of
the date of enactment of this Act shall be managed to maintain
the values for which the Wilderness Study Area was designated,
in accordance with current and future management plans and
agreements, including the agreement known as the ``Shirk Ranch
Agreement'' and any amendments to that agreement.
(c) Transfer From the United States Fish and Wildlife Service to
the Bureau of Land Management.--
(1) In general.--Administrative jurisdiction over the
parcels of land identified for transfer to the Bureau of Land
Management on the map entitled ``Hart Mountain Jurisdictional
Transfer'', dated February 26, 1998, comprising approximately
7,700 acres of land in Lake County, Oregon, located adjacent to
or within the Hart Mountain National Antelope Refuge, is
transferred from the United States Fish and Wildlife Service to
the Bureau of Land Management.
(2) Removal from refuge.--The parcels of land described in
paragraph (1) are removed from the Hart Mountain National
Antelope Refuge.
(3) Revocation of withdrawal.--The provisions of Executive
Order No. 7523 of December 21, 1936, as amended by Executive
Order No. 7895 of May 23, 1938, and Presidential Proclamation
No. 2416 of July 25, 1940, that withdrew the parcels of land
for the refuge, shall be of no effect with respect to the
parcels of land described in paragraph (1).
(4) Status.--The parcels of land described in paragraph
(1)--
(A) are designated as public land; and
(B) shall be open to--
(i) surface entry under the public land
laws;
(ii) leasing under the mineral leasing laws
and the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(iii) location and entry under the mining
laws.
(5) Management.--The land described in paragraph (1) shall
be managed in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and other
applicable law, and the agreement known as the ``Shirk Ranch
Agreement'' and any amendments to that agreement.
(d) Map.--A copy of the map described in subsections (a), (b), and
(c) and such additional legal descriptions as are applicable shall be
kept on file and available for public inspection in the Office of the
Regional Director of Region 1 of the United States Fish and Wildlife
Service, the local District Office of the Bureau of Land Management,
the Committee on Energy and Natural Resources of the Senate, and the
Committee on Resources of the House of Representatives. | Hart Mountain Transfer Act of 1998 - Transfers administrative jurisdiction over certain lands in Lake County, Oregon, located adjacent to or within the Hart Mountain National Antelope Refuge from the Bureau of Land Management (BLM) to the U.S. Fish and Wildlife Service. Includes transferred lands within the Refuge.
Requires the BLM to retain jurisdiction over certain lands located south of the Refuge identified for cooperative management. Requires such lands that are within the Guano Creek Wilderness Study Area to be managed to maintain the values for which the Area was designated.
Transfers administrative jurisdiction over other specified lands adjacent to or within the Refuge from the Fish and Wildlife Service to the BLM. Removes such lands from the Refuge and designates them as public lands. | {"src": "billsum_train", "title": "Hart Mountain Transfer Act of 1998"} | 1,180 | 166 | 0.641342 | 1.825237 | 0.793302 | 3.621429 | 7.628571 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Torture Survivors Relief Act of
1998''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The American people abhor torture by any government or
person. The existence of torture creates a climate of fear and
international insecurity that affects all people.
(2) Torture is the deliberate mental and physical damage
caused by governments to individuals to destroy individual
personality and terrorize society. The effects of torture are
long term. Those effects can last a lifetime for the survivors
and affect future generations.
(3) By eliminating the leadership of their opposition and
frightening the general public, repressive governments often
use torture as a weapon against democracy.
(4) Torture survivors remain under physical and
psychological threats, especially in communities where the
perpetrators are not brought to justice. In many nations, even
those who treat torture survivors are threatened with
reprisals, including torture, for carrying out their ethical
duty to provide care. Both the survivors of torture and their
treatment providers should be accorded protection from further
repression.
(5) A significant number of refugees and asylees entering
the United States have been victims of torture. Those claiming
asylum deserve prompt consideration of their applications for
political asylum to minimize their insecurity and sense of
danger. Many torture survivors now live in the United States.
They should be provided with the rehabilitation services which
would enable them to become productive members of our
communities.
(6) The development of a treatment movement for torture
survivors has created new opportunities for action by the
United States and other nations to oppose state-sponsored and
other acts of torture.
(7) There is a need for a comprehensive strategy to protect
and support torture victims and their treatment providers,
together with overall efforts to eliminate torture.
(8) By acting to heal the survivors of torture and protect
their families, the United States can help to heal the effects
of torture and prevent its use around the world.
SEC. 3. DEFINITION.
As used in this Act, the term ``torture'' has the meaning given the
term in section 2340(1) of title 18, United States Code, and includes
the use of rape and other forms of sexual violence by a person acting
under the color of law upon another person under his custody or
physical control.
SEC. 4. FOREIGN TREATMENT CENTERS.
(a) Amendments to the Foreign Assistance Act of 1961.--Part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended
by adding at the end of chapter 1 the following new section:
``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE.
``(a) In General.--The President is authorized to provide
assistance for the rehabilitation of victims of torture.
``(b) Eligibility for Grants.--Such assistance shall be provided in
the form of grants to treatment centers and programs in foreign
countries that are carrying out projects or activities specifically
designed to treat victims of torture for the physical and psychological
effects of the torture.
``(c) Use of Funds.--Such assistance shall be available--
``(1) for direct services to victims of torture; and
``(2) to provide research and training to health care
providers outside of treatment centers or programs described in
subsection (b), for the purpose of enabling such providers to
provide the services described in paragraph (1).''.
(b) Funding.--
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for fiscal years 1999 and 2000
pursuant to chapter 1 of part I of the Foreign Assistance Act
of 1961, there are authorized to be appropriated to the
President $5,000,000 for fiscal year 1999 and $7,500,000 for
fiscal year 2000 to carry out section 129 of the Foreign
Assistance Act, as added by subsection (a).
(2) Availability of funds.--Amounts appropriated pursuant
to this subsection shall remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect October 1, 1998.
SEC. 5. DOMESTIC TREATMENT CENTERS.
(a) Assistance for Treatment of Torture Victims.--The Secretary of
Health and Human Services may provide grants to programs in the United
States to cover the cost of the following services:
(1) Services for the rehabilitation of victims of torture,
including treatment of the physical and psychological effects
of torture.
(2) Social and legal services for victims of torture.
(3) Research and training for health care providers outside
of treatment centers, or programs for the purpose of enabling
such providers to provide the services described in paragraph
(1).
(b) Funding.--
(1) Authorization of appropriations.--Of the amounts
authorized to be appropriated for the Department of Health and
Human Services for fiscal years 1999 and 2000, there are
authorized to be appropriated to carry out subsection (a)
(relating to assistance for domestic centers and programs for
the treatment of victims of torture) $5,000,000 for fiscal year
1999, and $7,500,000 for fiscal year 2000.
(2) Availability of funds.--Amounts appropriated pursuant
to this subsection shall remain available until expended.
SEC. 6. MULTILATERAL ASSISTANCE.
(a) Funding.--Of the amounts authorized to be appropriated for
fiscal years 1999 and 2000 pursuant to chapter 3 of part I of the
Foreign Assistance Act of 1961, there are authorized to be appropriated
to the United Nations Voluntary Fund for Victims of Torture (in this
section referred to as the ``Fund'') the following amounts for the
following fiscal years:
(1) Fiscal year 1999.--For fiscal year 1999, $3,000,000.
(2) Fiscal year 2000.--For fiscal year 2000, $3,000,000.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of the Congress that the
President, acting through the United States Permanent Representative to
the United Nations, should--
(1) request the Fund--
(A) to find new ways to support and protect
treatment centers and programs that are carrying out
rehabilitative services for victims of torture; and
(B) to encourage the development of new such
centers and programs;
(2) use the voice and vote of the United States to support
the work of the Special Rapporteur on Torture and the Committee
Against Torture established under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and
(3) use the voice and vote of the United States to
establish a country rapporteur or similar procedural mechanism
to investigate human rights violations in a country if either
the Special Rapporteur or the Committee Against Torture
indicates that a systematic practice of torture is prevalent in
that country.
SEC. 7. SPECIALIZED TRAINING FOR CONSULAR PERSONNEL.
(a) In General.--The Secretary of State shall provide training for
consular officers with respect to--
(1) the identification of torture;
(2) the identification of the surrounding circumstances in
which torture is most often practiced;
(3) the long-term effects of torture upon a victim;
(4) the identification of the physical, cognitive, and
emotional effects of torture, and the manner in which these
effects can affect the interview or hearing process; and
(5) the manner of interviewing victims of torture so as not
to retraumatize them, eliciting the necessary information to
document the torture experience, and understanding the
difficulties victims often have in recounting their torture
experience.
(b) Gender-Related Considerations.--In conducting training under
subsection (a) (4) or (5), gender-specific training shall be provided
on the subject of interacting with women and men who are victims of
torture by rape or any other form of sexual violence. | Torture Survivors Relief Act of 1998 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries carrying out projects or activities specifically designed to treat and rehabilitate victims of torture for the physical and psychological effects of the torture. Authorizes appropriations.
Authorizes the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of: (1) services for the rehabilitation of victims of torture, including treatment of the physical and psychological effects of torture; (2) social and legal services for them; and (3) research and training for health care providers outside of treatment centers, or programs for the purpose of enabling such providers to provide rehabilitation services for torture victims. Authorizes appropriations.
Authorizes appropriations for FY 1999 and 2000 to the United Nations Voluntary Fund for Victims of Torture.
Declares that it is the sense of the Congress that the President, acting through the U.S. Permanent Representative to the United Nations, should: (1) request the Fund to find new ways to support and protect, and encourage development of new, treatment centers and programs carrying out such rehabilitative services; (2) use the U.S. voice and vote to support the work of the Special Rapporteur on Torture and the Committee Against Torture; and (3) use the U.S. voice and vote to establish a country rapporteur or similar procedural mechanism to investigate human rights violations in a country where a prevalent and systematic practice of torture is indicated.
Directs the Secretary of State to provide training for consular officers with respect to: (1) identification of torture and its effects on the victim, as well as the surrounding circumstances in which it is most often practiced; and (2) the manner of interviewing torture victims so as not to retraumatize them. Requires gender- specific training on the subject of interacting with women and men who are victims of torture by rape or any other form of sexual violence. | {"src": "billsum_train", "title": "Torture Survivors Relief Act of 1998"} | 1,703 | 427 | 0.590136 | 1.980054 | 0.70703 | 5.464752 | 4.190601 | 0.926893 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Transportation Safety Fund
Act''.
TITLE I--EMERGENCY TRANSPORTATION SAFETY FUND
SEC. 101. ELIMINATION OF TRANSPORTATION ENHANCEMENT PROGRAM.
(a) Definition.--Section 101(a)(35) of title 23, United States
Code, is repealed.
(b) Transportation Enhancement Set Aside.--Section 133 of title 23,
United States Code, is amended--
(1) in subsection (b), by striking paragraph (8);
(2) in subsection (d), by striking paragraphs (2) and (5);
and
(3) in subsection (e)--
(A) by amending paragraph (3) to read as follows:
``(3) Payments.--The Secretary shall make payments to a
State of costs incurred by the State for the surface
transportation program in accordance with procedures to be
established by the Secretary.''; and
(B) by striking paragraph (5).
(c) State Assumption of Responsibilities.--Section 325(a)(2) of
title 23, United States Code, is amended by striking ``the following
projects:'' and all that follows and inserting ``projects funded under
section 104(h).''.
(d) Statewide Transportation Planning Priorities.--Section
5304(g)(4)(H) of title 49, United States Code, is amended by striking
``, including transportation enhancement activities,''.
(e) STP Set-Aside Program Rescissions.--Section 10212(f) of
SAFETEA-LU (Public Law 109-59) is amended by striking ``,
transportation enhancement activities,''.
SEC. 102. ESTABLISHMENT OF EMERGENCY TRANSPORTATION SAFETY FUND.
(a) In General.--There is established in the Treasury of the United
States a trust fund to be known as the ``Emergency Transportation
Safety Fund''.
(b) Emergency Relief Expenditures.--Section 125(c) of title 23,
United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2), as redesignated, the
following:
``(1) Amounts deposited into the Emergency Transportation
Safety Fund are authorized to be obligated to carry out, in
priority order, the projects on the current list compiled by
the Secretary under section 201(b)(1) of the Emergency
Transportation Safety Fund Act that meet the eligibility
requirements set forth in subsection (a).''.
(c) Funding.--Section 133(d) of title 23, United States Code, is
amended by inserting before paragraph (3) the following:
``(1) Emergency transportation safety fund.--In each fiscal
year, there shall be deposited into the Emergency
Transportation Safety Fund, established under section 102(a) of
the Emergency Transportation Safety Fund Act, an amount equal
to 10 percent of the funds apportioned to a State under section
104(b)(3) for such fiscal year. At the end of each fiscal year,
any unobligated amounts in the Fund in excess of $500,000,000
shall be made available for the Highway Bridge Program, in
accordance with section 144.''.
TITLE II--EMERGENCY TRANSPORTATION SAFETY PRIORITY LIST
SEC. 201. EMERGENCY TRANSPORTATION PRIORITIES.
(a) List.--The Secretary of Transportation, in consultation with a
representative sample of State and local government transportation
officials, shall compile a prioritized list of emergency transportation
projects, which will guide the allocation of funding to the States from
the Emergency Transportation Safety Fund.
(b) Criteria.--In compiling the list under subsection (a), the
Secretary of Transportation, in addition to other criteria established
by the Secretary, shall rank priorities in descending order, beginning
with--
(1) whether the project is part of the interstate highway
system;
(2) whether the project is a road or bridge that is closed
for safety reasons;
(3) the impact of the project on interstate commerce;
(4) the volume of traffic affected by the project; and
(5) the overall value of the project or entity.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Transportation shall submit a
report to Congress that includes--
(1) a prioritized list of emergency transportation projects
to be funded through the Emergency Transportation Safety Fund;
and
(2) a description of the criteria used to establish the
list referred to in paragraph (1).
(d) Quarterly Updates.--Not less frequently than 4 times per year,
the Secretary of Transportation shall--
(1) update the report submitted pursuant to subsection (c);
(2) send a copy of the report to Congress; and
(3) make a copy of the report available to the public
through the Department of Transportation's Web site. | Emergency Transportation Safety Fund Act - Eliminates the transportation enhancement program.
Establishes the Emergency Transportation Safety Fund.
Directs the Secretary of Transportation (DOT) to compile a prioritized list of emergency transportation projects, which will guide the allocation of Fund amounts to the states. | {"src": "billsum_train", "title": "To terminate the Transportation Enhancement Program and transfer the funding dedicated to such program to carry out the most critical emergency transportation projects identified by the Secretary of Transportation, after consultation with State and local transportation officials."} | 1,112 | 59 | 0.534594 | 1.211491 | 0.909409 | 4.45098 | 19.078431 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Workforce Act of 2018''.
SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS TO HELP COMBAT
OPIOID CRISIS.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``paragraphs (7)
and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
(2) in paragraph (4)(H)(i), by striking ``paragraphs (7)
and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
(3) in paragraph (7)(E), by inserting ``paragraph (9),''
after ``paragraph (8),''; and
(4) by adding at the end the following new paragraph:
``(9) Distribution of additional residency positions to
help combat opioid crisis.--
``(A) Additional residency positions.--For each of
fiscal years 2019 through 2023 (and succeeding fiscal
years if the Secretary determines that there are
additional residency positions available to distribute
under subparagraph (D)), the Secretary shall increase
the otherwise applicable resident limit for each
qualifying hospital that submits a timely application
under this subparagraph by such number as the Secretary
may approve for portions of cost reporting periods
occurring on or after July 1 of the fiscal year of the
increase. Except as provided in subparagraph (B)(iv) or
(D), the aggregate number of increases in the otherwise
applicable resident limit under this subparagraph shall
be equal to 500 in fiscal year 2019 and 500 over the
period of fiscal years 2020 through 2023, distributed
in accordance with the succeeding subparagraphs of this
paragraph.
``(B) Distribution for fiscal year 2019.--
``(i) In general.--For fiscal year 2019,
the positions available for distribution with
respect to the fiscal year as described in
subparagraph (A) shall be distributed to
hospitals that have existing established
approved programs in addiction medicine,
addiction psychiatry, or pain management as
determined by the Secretary.
``(ii) Number of positions hospital
eligible to receive.--Subject to clauses (iii)
and (iv), the aggregate number of positions a
hospital may receive under this subparagraph
with respect to fiscal year 2019 is equal to
the sum of the following:
``(I) The number of full-time-
equivalent residents that will be
training in addiction medicine,
addiction psychiatry, or pain
management as determined by the
Secretary with respect to the fiscal
year.
``(II) The associated number of
residents training in a pre-requisite
program, such as internal medicine,
necessary for the number of full-time
residents for the programs described in
subclause (I).
``(iii) Additional positions for expansion
of existing program.--If a hospital
demonstrates to the Secretary that the hospital
is planning to increase the number of full-
time-equivalent residents in existing programs
described in clause (i), the Secretary may
increase the number of positions a hospital is
eligible to receive under clause (ii) in order
to accommodate that expansion, as determined by
the Secretary.
``(iv) Considerations in distribution.--The
Secretary shall distribute additional residency
positions under this subparagraph based on--
``(I) in the case of positions made
available under clause (ii), the
demonstrated likelihood of the hospital
filling such positions by July 1, 2019;
and
``(II) in the case of positions
made available under clause (iii), the
demonstrated likelihood of the hospital
filling such positions within the first
three cost reporting periods beginning
on or after July 1, 2019.
``(v) Limitation.--Notwithstanding clauses
(ii) and (iv), an individual hospital may not
receive more than 25 full-time-equivalent
residency positions under this subparagraph.
``(vi) Clarification regarding availability
of additional positions in subsequent fiscal
years.--Nothing in this subparagraph shall
preclude a hospital from receiving additional
residency positions under subparagraph (C).
``(vii) Positions not distributed during
the fiscal year.--If the number of resident
full-time-equivalent positions distributed
under this subparagraph is less than the
aggregate number of positions available for
distribution in the fiscal year (as described
in subparagraph (A)), the difference between
such number distributed and such number
available for distribution shall be added to
the aggregate number of positions available for
distribution under subparagraph (C).
``(C) Distribution for fiscal years 2020 through
2023.--
``(i) In general.--For the period of fiscal
years 2020 through 2023, the positions
available for distribution with respect to such
period (as described in subparagraph (A),
including after application of subparagraph
(B)(vi)) shall be distributed to hospitals
which demonstrate to the Secretary that the
hospital--
``(I) will establish an approved
program in addiction medicine,
addiction psychiatry, or pain
management; and
``(II) will use all of the
additional positions made available
under this subparagraph in such program
or a prerequisite residency program for
such program within the first four cost
reporting periods after the increase
would be effective.
``(ii) Requirements.--Subject to clause
(iii), a hospital that receives an increase in
the otherwise applicable resident limit under
this subparagraph shall ensure, during the 5-
year period beginning after the date of such
increase, that the hospital uses the positions
received under clauses (i)(I) and (i)(II) for
the programs for which the positions were
distributed, or similar programs (as determined
by the Secretary). The Secretary may determine
whether a hospital has met the requirements
under this clause during such 5-year period in
such manner and at such time as the Secretary
determines appropriate, including at the end of
such 5-year period.
``(iii) Redistribution of positions if
hospital no longer meets certain
requirements.--In the case where the Secretary
determines that a hospital described in clause
(ii) does not meet the requirements of such
clause, the Secretary shall--
``(I) reduce the otherwise
applicable resident limit of the
hospital by the amount by which such
limit was increased under this
subparagraph; and
``(II) provide for the distribution
of positions attributable to such
reduction in accordance with the
requirements of this paragraph.
``(iv) Limitation.--An individual hospital
may not receive more than 25 full-time-
equivalent residency positions under this
subparagraph.
``(D) Distribution of remaining positions.--If the
aggregate number of positions distributed under
subparagraphs (B) and (C) during the period of fiscal
years 2019 through 2023 is less than 1,000, the
Secretary shall distribute the remaining residency
positions in succeeding fiscal years according to
criteria consistent with this paragraph until such time
as the aggregate amount of positions distributed under
this paragraph is equal to 1,000.
``(E) Notification.--The Secretary shall notify
hospitals of the number of positions distributed to the
hospital under this paragraph as a result on an
increase in the otherwise applicable resident limit by
January 1 of the fiscal year of the increase. Such
increase shall be effective for portions of cost
reporting periods beginning on or after July 1 of that
fiscal year.
``(F) Application of per resident amounts for
primary care and nonprimary care.--With respect to
additional residency positions in a hospital
attributable to the increase provided under this
paragraph, the approved FTE per resident amounts are
deemed to be equal to the hospital per resident amounts
for primary care and nonprimary care computed under
paragraph (2)(D) for that hospital.
``(G) Permitting facilities to apply aggregation
rules.--The Secretary shall permit hospitals receiving
additional residency positions attributable to the
increase provided under this paragraph to, beginning in
the fifth year after the effective date of such
increase, apply such positions to the limitation amount
under paragraph (4)(F) that may be aggregated pursuant
to paragraph (4)(H) among members of the same
affiliated group.
``(H) Definitions.--In this paragraph:
``(i) Otherwise applicable resident
limit.--The term `otherwise applicable resident
limit' means, with respect to a hospital, the
limit otherwise applicable under subparagraphs
(F)(i) and (H) of paragraph (4) on the resident
level for the hospital determined without
regard to this paragraph but taking into
account paragraphs (7)(A), (7)(B), (8)(A), and
(8)(B).
``(ii) Resident level.--The term `resident
level' has the meaning given such term in
paragraph (7)(C)(i).''.
(b) IME.--
(1) In general.--Section 1886(d)(5)(B)(v) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(B)(v)), in the third
sentence, is amended by striking ``and (h)(8)'' and inserting
``(h)(8), and (h)(9)''.
(2) Conforming provision.--Section 1886(d)(5)(B) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended--
(A) by redesignating clause (x), as added by
section 5505(b) of the Patient Protection and
Affordable Care Act (Public Law 111-148), as clause
(xi) and moving such clause 4 ems to the left; and
(B) by adding after clause (xi), as redesignated by
subparagraph (A), the following new clause:
``(xii) For discharges occurring on or after July 1, 2019,
insofar as an additional payment amount under this subparagraph
is attributable to resident positions distributed to a hospital
under subsection (h)(9), the indirect teaching adjustment
factor shall be computed in the same manner as provided under
clause (ii) with respect to such resident positions.''. | Opioid Workforce Act of 2018 This bill increases the number of residency positions eligible for graduate medical education payments under Medicare for hospitals that have addiction or pain management programs, with an aggregate increase of 1,000 positions over a five-year period. | {"src": "billsum_train", "title": "Opioid Workforce Act of 2018"} | 2,277 | 52 | 0.557813 | 1.388562 | 0.468045 | 2.044444 | 45.777778 | 0.844444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications Drug Enforcement
Act of 1993''.
SEC. 2. DISCONTINUANCE OF MOBILE RADIO SERVICE.
Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end the following new section:
``SEC. 335. DISCONTINUANCE OF MOBILE RADIO SERVICE PURSUANT TO COURT
ORDER.
``(a) Application.--An application for an order requiring a public
or private mobile radio services licensee to discontinue service to a
mobile radio unit may be made, in writing under oath or equivalent
affirmation, to a court of competent jurisdiction by--
``(1) an attorney for the Government; or
``(2) unless prohibited by State law, a State investigative
or law enforcement officer.
``(b) Contents of Application.--An application under subsection (a)
of this section shall include--
``(1) the identity of the attorney for the Government or
the State law enforcement or investigative officer making the
application and the identity of the law enforcement agency
investigating the user of the mobile radio unit; and
``(2) a full and complete statement of the facts and
circumstances relied upon by the applicant to justify his
belief that an order should be issued, the identity, if known,
of the user of the mobile radio unit, the telephone number
assigned to the mobile radio unit, and the electronic serial
number, if known, of the mobile radio unit.
``(c) Issuance of an Order To Discontinue Service to a Mobile Radio
Unit.--
``(1) In general.--(A) Upon an application made under this
section, the court shall enter an ex parte order requiring a
public or private mobile radio services licensee to discontinue
service to a mobile radio unit if the court determines, on the
basis of the facts submitted by the applicant, that there is
probable cause to believe that the mobile radio unit is being
used for the purpose of transmitting or receiving information
in connection with the manufacture, distribution, importation,
exportation, or sale of a controlled substance in violation of
Federal, State, or local law.
``(B) The court may require the applicant to furnish
additional testimony or documentary evidence in support of the
application.
``(2) Contents of the order.--An order under this section
shall specify--
``(A) the identity, if known, of the person whose
mobile radio service is to be discontinued;
``(B) the telephone number assigned to the mobile
radio unit;
``(C) the electronic serial number, if known, of
the mobile radio unit; and
``(D) the effective date of the discontinuance of
service, no earlier than 10 days after the order is
issued.
``(d) Customer Notification.--Notice to the person whose mobile
radio service is being discontinued shall be made by the law
enforcement agency which made the application under this section within
three days of the court's issuing its order.
``(e) Preservation of Remedies.--Nothing in subsection (c) of this
section shall be deemed to prejudice the right of any person affected
thereby to secure an appropriate determination, as otherwise provided
by law, in a Federal court or a State court, that mobile radio service
to such person should not be discontinued or refused or should be
restored.
``(f) Limitation on Liability.--No cause of action shall lie in any
court against any public or private mobile radio services licensee, its
officers, employees, agents, or other specified persons for
discontinuing or refusing mobile radio services in accordance with a
court order specified in subsection (c) of this section.
``(g) Defense.--A good faith reliance by any public or private
mobile radio service licensee on a court order specified in subsection
(b) is a complete defense against any civil or criminal action brought
under any law.
``(h) Operation Standards for Licensees.--The Federal
Communications Commission shall, within 180 days after the date of
enactment of this section, prescribe regulations--
``(1) establishing minimum operating standards to ensure
compliance with the requirements of this section by public or
private mobile radio service licensees;
``(2) establishing, consistent with the public interest,
standards regarding cooperation by such licensees with law
enforcement authorities for the detection of activities
described in subsection (c)(1)(A);
``(3) including minimum recordkeeping requirements for the
purposes described in paragraphs (1) and (2); and
``(4) prescribing procedures for the Commission to verify
compliance with such regulations.''. | Telecommunications Drug Enforcement Act of 1993 - Amends the Communications Act of 1934 to authorize a Government attorney or State investigative or law enforcement officer to apply for an order requiring a mobile radio services licensee to discontinue service to a mobile radio unit if an appropriate court finds that there is probable cause to believe that the unit is transmitting or receiving communications in connection with the illegal manufacture, distribution, or sale of a controlled substance. Requires such mobile unit holder to be notified within three days of issuance of the court order. Preserves all rights of such holder to contest such ruling. | {"src": "billsum_train", "title": "Telecommunications Drug Enforcement Act of 1993"} | 1,041 | 135 | 0.576935 | 1.629336 | 0.66756 | 3.225225 | 8.720721 | 0.846847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Loan Guarantee Act
of 2001''.
SEC. 2. RENEWABLE ENERGY SOURCE LOAN GUARANTEES.
(a) Definitions.--For purposes of this section:
(1) Board.--The term ``Board'' means the Loan Guarantee
Board established by subsection (b)(2).
(2) Incremental hydropower.--The term ``incremental
hydropower'' means additional generating capacity achieved from
increased efficiency at a non-Federal hydroelectric facility in
existence on January 1, 2001, and licensed by the Federal
Energy Regulatory Commission.
(3) Program.--The term ``Program'' means the Renewable
Energy Source Facility Guaranteed Loan Program established by
subsection (b)(1).
(4) Qualified renewable energy source facility.--The term
``qualified renewable energy source facility'' means a facility
that generates electric energy for sale in, or affecting,
interstate commerce using solar, wind, biomass, landfill gas,
incremental hydropower, or geothermal energy.
(b) Renewable Energy Source Facility Guaranteed Loan Program.--
(1) In general.--There is established the Renewable Energy
Source Facility Guaranteed Loan Program, the purpose of which
shall be to provide loan guarantees for qualified renewable
energy source facilities in accordance with this section.
(2) Loan guarantee board.--There is established to
administer the Program a Loan Guarantee Board, to be composed
of--
(A) the Secretary of Energy, or the Secretary's
designee, who shall serve as Chairman of the Board;
(B) the Secretary of Commerce, or the Secretary's
designee;
(C) the Chairman of the Board of Governors of the
Federal Reserve System, or the Chairman's designee; and
(D) the Secretary of the Treasury, or the
Secretary's designee.
(c) Authority.--
(1) In general.--The Program may guarantee loans provided
for qualified renewable energy source facilities by private
banking and investment institutions in accordance with
procedures, rules, and regulations established by the Board.
The Board shall ensure that small businesses receive an
appropriate amount and number of loan guarantees under the
Program, consistent with applicable laws and goals for small
business participation in Federal programs.
(2) Total guarantee limit.--The aggregate amount of loans
guaranteed and outstanding at any one time under this section
shall not exceed $750,000,000.
(3) Expeditious action on applications.--The Board shall
approve or deny an application for a guarantee under this
section as soon as practicable after receipt of an application.
(d) Requirements for Loan Guarantees.--The Board may issue a loan
guarantee on application by the owner or operator of a qualified
renewable energy source facility under an agreement by a private bank
or investment company to provide a loan for the qualified renewable
energy source facility, if the Board determines that--
(1) credit is not otherwise available to the owner or
operator under reasonable terms or conditions sufficient to
meet its financing needs, as reflected in the financial and
business plans of the owner or operator;
(2) the prospective earning power of the owner or operator
of the facility, together with the character and value of the
security pledged, provide a reasonable assurance of repayment
of the loan to be guaranteed in accordance with its terms; and
(3) the loan to be guaranteed bears interest at a rate
determined by the Board to be reasonable, taking into account
the current average yield on outstanding obligations of the
United States with remaining periods of maturity comparable to
the maturity of the loan.
(e) Terms and Conditions of Loan Guarantees.--
(1) Loan duration.--All loans guaranteed under this section
shall be repayable in full not later than December 31, 2025,
and the terms and conditions of each such loan shall provide
that the loan agreement may not be amended, or any provision of
the loan agreement waived, without the consent of the Board.
(2) Loan security.--A commitment to issue a loan guarantee
under this section shall contain such affirmative and negative
covenants and other protective provisions as the Board
determines are appropriate. The Board shall require security
for the loans to be guaranteed under this section at the time
at which the commitment is made.
(3) Fees.--The owner or operator of a qualified renewable
energy source facility receiving a loan guarantee under this
section shall pay a fee to the Department of the Treasury to
cover costs of the Program, but in no event shall such fee
exceed an amount equal to 0.5 percent of the outstanding
principal balance of the guaranteed loan.
(4) Audits.--The General Accounting Office shall audit,
before issuance of a loan guarantee under this section, and
once every 2 years while the guaranteed loan is outstanding,
the owner or operator of the facility with respect to which the
loan guarantee is issued.
(f) Reports.--During each fiscal year until each guaranteed loan
has been repaid in full, the Secretary of Energy shall submit to
Congress a report on the activities of the Board. | Renewable Energy Loan Guarantee Act of 2001 - Establishes the: (1) Renewable Energy Source Facility Guaranteed Loan Program to guarantee loans provided by private banking and investment institutions for qualified renewable energy source facilities; and (2) a Loan Guarantee Board to administer the Program. Sets forth loan guarantee terms and conditions. | {"src": "billsum_train", "title": "To establish a loan guarantee program for renewable energy source facilities."} | 1,074 | 62 | 0.681961 | 1.706999 | 1.431279 | 3.355932 | 17.050847 | 0.949153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Victims' Rights Constitutional
Amendment Implementation Act of 1997''.
SEC. 2. CRIME VICTIM RIGHTS.
(a) In General.--Except as provided in section 3, each victim of a
Federal felony offense or any other Federal crime of violence (as
defined in section 16 of title 18, United States Code) shall have the
following rights:
(1) To notice of, and not to be excluded from, all public
proceedings relating to the offense.
(2) To be heard, if present, and to submit a written
statement at all public proceedings, relating to the offense,
to determine a release from custody, an acceptance of a
negotiated plea, or a sentence.
(3) To the rights described in the preceding portion of
this section at a parole proceeding that is not public, to the
extent those rights are afforded to the convicted offender.
(4) To notice of any release or escape from custody
relating to the offense.
(5) To seek relief from an unreasonable delay of the final
disposition of the proceedings relating to the offense.
(6) To an order of restitution from the convicted offender
pursuant to law.
(7) To consideration for the safety of the victim in
determining any release from custody.
(8) To notice of the rights established by this section.
(9) The right to be treated with fairness and with respect
for the victim's dignity and privacy.
(10) The right to confer with the attorney for the
Government in the case.
(b) Affected Proceedings.--The rights established by this section
shall apply in--
(1) Federal criminal proceedings (other than military
criminal proceedings), including juvenile justice proceedings;
(2) collateral proceedings such as habeas corpus; and
(3) similar proceedings in the courts of any district or
territory of the United States not within a State.
(c) Remedies.--
(1) Standing.--The victim shall have standing in the
proceeding to assert the rights established by this section.
(2) Disciplinary proceedings.--A knowing violation of a
right provided in subsection (a) shall be grounds for
disciplinary proceedings by the appropriate Federal
governmental and professional disciplinary authorities.
(3) Contempt.--A knowing violation of a right provided in
subsection (a) may be treated by the court having jurisdiction
as a contempt of court.
(4) Judicial remedies.--This section does not create a
cause of action or defense in favor of any person arising out
of the failure to accord to a victim a right provided in
subsection (a), and nothing in this section--
(A) provides grounds for the victim to overturn a
charging decision, a conviction, or a sentence; to
obtain a stay of trial; or to compel a new trial; or
(B) provides grounds for the accused or convicted
offender to obtain any form of relief.
SEC. 3. EXCEPTIONS AND LIMITATIONS.
(a) Exceptions.--The rights provided under section 2 do not apply--
(1) to informing victims about the release of an alleged or
convicted offender--
(A) to go under cover to gather evidence on behalf
of law enforcement authorities; or
(B) to participate in a witness protection program;
(2) to the extent that the court--
(A) determines with respect to a right that the
number of victims is so great as unreasonably to delay
the proceedings if that right were accorded to each of
them; and
(B) takes reasonable measures to allow that right
to be exercised by representative victims; or
(3) if the responsible official determines the victim is a
suspect in the case.
(b) Limitations.--
(1) Right to notice; when violated.--The rights to notice
under this Act are not violated if the proper authorities make
a reasonable effort, but are unable to provide the notice, or
if the failure of the victim to make a reasonable effort to
make those authorities aware of the victim's whereabouts
prevents that notice.
(2) Right to counsel for victims.--This Act does not create
any right to counsel at public expense for any victim.
(3) Rights of victims of uncharged offenses.--The decision
to charge a defendant with an offense shall not be construed to
make the rights under section 2(a) apply to a victim of any
related, but uncharged, offense.
SEC. 4. RESPONSIBILITY FOR IMPLEMENTATION.
(a) Designation of Responsible Officials.--The courts, and the head
of each department and agency of the United States engaged in the
detection, investigation, prosecution, or adjudication of crimes to
which this Act applies, shall designate by names and office titles the
persons who will be responsible for identifying the victims of crime,
assuring the implementation of the rights provided in section 2, and
performing the services described in subsection (c), at each stage of a
criminal case.
(b) Identification of Victims.--At the earliest opportunity after
the detection of a crime at which it may be done without interfering
with an investigation, a responsible official shall--
(1) identify the victim or victims of a crime;
(2) inform the victims of their right to receive, on
request, the services described in subsection (c); and
(3) inform each victim of the name, title, and business
address and telephone number of the responsible official to
whom the victim should address a request for each of the
services described in subsection (c).
(c) Description of Services.--(1) A responsible official shall--
(A) inform a victim of the place where the victim may
receive emergency medical and social services;
(B) inform a victim of any restitution or other relief to
which the victim may be entitled under this or any other law
and manner in which such relief may be obtained;
(C) inform a victim of public and private programs that are
available to provide counseling, treatment, and other support
to the victim; and
(D) assist a victim in contacting the persons who are
responsible for providing the services and relief described in
subparagraphs (A), (B), and (C).
(2) A responsible official shall arrange for a victim to receive
reasonable protection from a suspected offender and persons acting in
concert with or at the behest of the suspected offender.
(3) During the investigation and prosecution of a crime, a
responsible official shall provide a victim the earliest possible
notice of--
(A) the status of the investigation of the crime, to the
extent it is appropriate to inform the victim and to the extent
that it will not interfere with the investigation;
(B) the arrest of a suspected offender;
(C) the filing of charges against a suspected offender;
(D) the scheduling of each court proceeding that the victim
is either required to attend or, under section 2, is entitled
to attend;
(E) the release or detention status of an offender or
suspected offender;
(F) the acceptance of a plea of guilty or nolo contendere
or the rendering of a verdict after trial; and
(G) the sentence imposed on an offender, including the date
on which the offender will be eligible for parole.
(4) During court proceedings, a responsible official shall ensure
that a victim is provided a waiting area removed from and out of the
sight and hearing of the defendant and defense witnesses.
(5) After trial, a responsible official shall provide a victim the
earliest possible notice of--
(A) the scheduling of a parole hearing for the offender;
(B) the escape, work release, furlough, or any other form
of release from custody of the offender; and
(C) the death of the offender, if the offender dies while
in custody.
(6) At all times, a responsible official shall ensure that any
property of a victim that is being held for evidentiary purposes be
maintained in good condition and returned to the victim as soon as it
is no longer needed for evidentiary purposes.
(7) The Attorney General or the head of another department or
agency that conducts an investigation of a sexual assault shall pay,
either directly or by reimbursement of payment by the victim, the cost
of a physical examination of the victim which an investigating officer
determines was necessary or useful for evidentiary purposes.
(8) A responsible official shall provide the victim with general
information regarding the corrections process, including information
about work release, furlough, probation, and eligibility for each.
(d) Remedies.--
(1) Disciplinary proceedings.--A pattern and practice of
knowing failures to provide the service described in subsection
(c) shall be grounds for disciplinary proceedings by the
appropriate Federal governmental and professional disciplinary
authorities.
(2) No cause of action or defense.--This section does not
create a cause of action or defense in favor of any person
arising out of the failure of a responsible person to provide
information as required by subsection (b) or (c).
SEC. 5. DEFINITIONS.
For the purposes of this Act--
(1) the term ``responsible official'' means a person
designated pursuant to section 4(a) to perform the functions of
a responsible official under that section; and
(2) the term ``victim'' means a person (but not including
any governmental entity) that has suffered direct physical,
emotional, or pecuniary harm as a result of the commission of a
crime, including--
(A) in the case of a victim that is an
institutional entity, an authorized representative of
the entity; and
(B) in the case of a victim who is under 18 years
of age, incompetent, incapacitated, or deceased, one of
the following (in order of preference):
(i) A spouse.
(ii) A legal guardian.
(iii) A parent.
(iv) A child.
(v) A sibling.
(vi) Another family member.
(vii) Another person designated by the
court.
SEC. 6. CONFORMING REPEAL.
Sections 502 and 503 of the Crime Control Act of 1990 (42 U.S.C.
10606 and 10607) are repealed. | Victims' Rights Constitutional Amendment Implementation Act of 1997 - Grants each victim of a Federal felony offense or any other Federal crime of violence the right: (1) to notice of, and not to be excluded from, all public proceedings relating to the offense; (2) to be heard, if present, and to submit a written statement at all public proceedings relating to the offense (and non-public parole proceedings to the extent the convicted offender is afforded such rights) to determine a release from custody, an acceptance of a negotiated plea, or a sentence; (3) to notice of any release or escape from custody relating to the offense; (4) to seek relief from an unreasonable delay of the final disposition of the proceedings relating to the offense; (5) to an order of restitution from the convicted offender pursuant to law; (6) to consideration for the safety of the victim in determining any release from custody; (7) to notice of such rights; (8) to be treated with fairness and respect for the victim's dignity and privacy; and (9) to confer with the attorney for the Government.
Makes such rights applicable in: (1) Federal (other than military) criminal proceedings, including juvenile justice proceedings; (2) collateral proceedings such as habeas corpus; and (3) similar proceedings in the courts of any district or territory of the United States not within a State.
Grants the victim standing in the proceeding to assert the rights established by this Act. Sets forth: (1) remedies for violations; and (2) exceptions and limitations to such rights.
(Sec. 4) Directs the courts, and the head of each U.S. department and agency engaged in the detection, investigation, prosecution, or adjudication of crimes to which this Act applies, to designate the persons who will be responsible for identifying the victims, assuring the implementation of the rights provided in this Act, and performing specified services, at each stage of a criminal case.
Requires a responsible official, at the earliest opportunity after the detection of a crime at which it may be done without interfering with an investigation, to identify the victims, inform the victims of their right to receive such services upon request, and inform each victim of the responsible official to whom the victim should address such request.
Directs such official to: (1) inform a victim regarding emergency medical and social services, restitution or other relief to which the victim may be entitled, and counseling, treatment, and other support programs; (2) arrange for a victim to receive reasonable protection; (3) provide notices of specified steps or events during the investigation and prosecution of a crime and after trial; and (4) provide the victim with general information regarding the corrections process.
Sets forth: (1) provisions regarding protecting the property of a victim being held, and payment or reimbursement of the cost of a physical examination of the victim, for evidentiary purposes; and (2) remedies for violations of this Act. | {"src": "billsum_train", "title": "Victims' Rights Constitutional Amendment Implementation Act of 1997"} | 2,232 | 628 | 0.771686 | 2.603278 | 0.822999 | 5.496667 | 3.516667 | 0.943333 |
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